Church of the Holy Family

SUBJECT: Public Hearing: Church of the Holy Family– Application for Special Use Permit Modification

An application seeking approval of a Special Use Permit Modification has been filed by the Church of the Holy Family at 200 Hayes Road. The proposal includes:

· renovation of existing church and construction of 11,798 square feet of new floor area (expanded worship area, classrooms, administrative offices, and library),

· expansion of the existing Special Use Permit boundary to include the neighboring lot at 212 Hayes Road.

The 3.26 acre site is located at 200 and 212 Hayes Road, bounded by Hayes, Brandon, and Flemington Roads, east of Fordham Boulevard and northwest of the Glen Lennox Apartment community. The site is located in the Town’s Residential-3 (R-3) zoning district and Watershed Protection District.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence which the Council may consider as it determines any appropriate conditions to impose upon the proposed development.

PROCESS

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

CONTIGUOUS PROPERTY

One of the findings that the Council must make when considering a Special Use Permit Modification application is:

That the use of development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property or that the use or development is a public necessity.

Contiguous Property: Property adjoining, neighboring, and nearby the outer boundary of a proposed development. For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be construed to be those properties immediately adjacent. For large development proposals and/or proposed uses that are significantly different from existing uses nearby, or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development. But in every case, for a proposal over 10 acres but less than 100 acres, at a minimum all property within 500 feet shall be considered contiguous; for development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.

The Town Attorney has advised that the Council should specify what area it considers to be contiguous property for each Special Use Permit Modification application that comes before the Council for consideration. Therefore, based on the Town Attorney’s advice to the Council, we suggest that prior to recessing the hearing this evening the Council discuss and determine by vote what should be considered contiguous property for this application. The attached Resolution D provides a format for determining the definition of contiguous property for this application.

Description of the Application

Existing Conditions: The site is located at 200 and 212 Hayes Road, east of US Route 15-501. There are two principal church buildings at 200 Hayes Road and a one-story frame house at 212 Hayes Road. Vehicle access to the Church of the Holy Family lot is from Brandon and Flemington Roads. Vehicle access to the neighboring lot at 212 Hayes Road is from a driveway on Hayes Road. The current land use intensity on the Church of the Holy Family site is:

The Church or the Holy Family is currently an Episcopal Church that is a place of worship with Christian education and daycare services. Presently there are two buildings: the main 3-story Church building (approximately 12,201 square feet) and the 2-story Christian education and daycare building (approximately 1,553 square feet).

The site includes a mixture of medium sized mixed hardwoods and pine trees with some mixed shrubbery as well. The site’s topography gently slopes eastward with an average slope of approximately 3%. There is one natural drainage swale that drains in a northeastern direction from the southwest corner of the site.

Development Description: This Special Use Permit Modification application proposes the demolition of 3,448 sq. ft. of floor area, the off-site removal of 1,333 square feet of floor area, and an 11,798 square foot expansion of floor area. Additionally, the applicant has proposed that the Special Use Permit boundary be modified to include the neighboring lot at 212 Hayes Road. There is an existing one story frame house at 212 Hayes Road that the applicant has proposed to move off-site. The proposal includes replacing the house with 36 new parking spaces.

We note that a Special Use Permit Modification is required for this development, because it is currently encumbered by a Special Use Permit.

Evaluation of the Application

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance. We have prepared a Planning Staff Report that discusses intensity standards, access and circulation, parking, building elevations, buffers and landscaping, refuse management, utilities, and fire safety (and is included as an attachment to this memorandum). A checklist describing compliance with regulations also is provided as an attachment to this memorandum.

Based on our evaluation, our preliminary recommendation is that the application as submitted complies with the regulations and standards of the Development Ordinance, except for requirements related to:

The applicant has asked for modification of regulations in the maximum floor area allowed for this site (please see discussion below). The Council has the authority, in the context of this request for a Special Use Permit Modification, to modify regulations if it determines that public purposes are satisfied.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others. The applicant’s materials are included as attachments to this memorandum. We have not received written information from other citizens as yet. Staff, applicant, and others may provide information at the Public Hearing. All information that is submitted will be placed into the record of this Public Hearing.

Based on the evidence that is accumulated, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit Modification. The four findings are:

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council. If the requested rezoning application were to be denied, we believe that this Special Use Permit Modification accordingly would need to be denied.

Based on the review of this development application by Town advisory boards and the Town staff, we believe that a key issue has been identified. This issue is further discussed as follows:

Flemington Road Improvements: The applicant has not proposed any improvements along the Flemington Road frontage. Flemington Road has a 50-foot wide Town right-of-way. There is curb and gutter on both sides of the street and sidewalk on the east side of the street. Brick sidewalks currently exist on the Hayes and Brandon Road frontages.

Manager’s Comment: The Manager’s preliminary recommendation is that the applicant install a five-foot wide sidewalk on the west side of Flemington Road, along the 287-foot long frontage, to the northern property line. The sidewalk could be constructed of brick or concrete, although brick is preferable. We believe that installation of a brick sidewalk would enhance the existing network of brick sidewalks and create an uninterrupted sidewalk around the western, southern, and eastern frontages of the site and complement the existing sidewalk on the east side of Flemington Road. It would also provide better neighborhood pedestrian connectivity.

The applicant is requesting from the Council a modification to the regulations regarding:

Subsection 13.11.2 of the Development Ordinance permits a maximum of 19,577 square feet of floor area in the existing R-3 zoning for this Special Use Permit Modification application. The applicant has proposed 22,104 square feet of floor area (2,527 square feet over the maximum allowed).

Staff Comment: We believe that the Council could find that the proposed 13% increase in floor area is a desirable public safety improvement, as it provides better internal circulation for the facility. Furthermore, the facilities serve public purposes by providing additional space for daycare and community groups.

“Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Ordinance, but the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Council may make specific modification of the regulations in the particular case for Modification of Special Use Permit applications, or in approving a new Special Use Permit for existing development that requires a Special Use Permit.”

If the Council believes it is appropriate to apply Section 18.7.1 in this situation, the Council may find that this modification of the regulations satisfies public purposes to an equivalent or greater degree. We note that the Council could find that said public purposes would be a public safety improvement as well as the expansion of a community facility.

Alternatively, the Council could reasonably conclude that the proposed modification would not satisfy public purposes to an equivalent or greater degree and could therefore require that the floor area be limited to the combined floor area allowed by the 1992 Special Use Permit Modification and additional floor area associated with the expanded Permit boundary allowed by the Development Ordinance (i.e. 19,577 square feet) for this Special Use Permit Modification.

Summary of Comments

We have attached a resolution that includes standard conditions of approval, as well as special conditions that we recommend for this application. The key special condition that we recommend is summarized here and described in detail in the accompanying staff report. With these conditions and the Council’s modification of regulations to allow additional floor area, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan:

· That improvements be made to the Flemington Road frontage, including a 5-foot sidewalk built to Town standards.

The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification application:

1. Applicant accepts and records the Special Use Permit Modification, which incorporates the terms of the Council-adopted resolution;

2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:

3. Community Design Commission reviews and approves building elevations and site lighting plan;

4. Final Plat is reviewed and approved by Town staff. Plat is recorded at the Orange County Register of Deeds office;

5. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff;

6. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way; and

7. Inspections Department issues Building Permits and Certificates of Occupancy.

Recommendations

Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.

Planning Board Recommendation: The Planning Board reviewed this application on January 2, 2001 and voted 9-0 to recommend that the Council approve the application with adoption of Resolution B. Please see the attached Summary of Planning Board Action.

Resolution B includes the following recommended condition of the Planning Board:

Ø That the applicant not be required to make sidewalk improvements in the Town right-of-way, along the Flemington Road frontage.

Transportation Board Recommendation: The Transportation Board reviewed this application on January 2, 2001, and voted 4-1 to recommend that the Council approve the application with the adoption of Resolution A. Please see the attached Summary of Transportation Board Action.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on December 20, 2000, and voted 9-1 to recommend that the Council approve the application without reference to a specific Resolution. Please see the attached Summary of Community Design Commission Action to the Council.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on January 2, 2001, and voted 5-0 to approve the application with the adoption of Resolution A. Please see the attached Summary of the Bicycle and Pedestrian Advisory Board Action.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application complies with standards and regulations of the Development Ordinance.

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application. If the Council makes these public purpose findings for modification of the Development Ordinance regulations, and makes the four required findings for the approval of a Special Use Permit Modification, we recommend that the application be approved with the adoption of Resolution A.

Resolution B would approve the application based on the recommendations of the Planning Board and the Community Design Commission.

Resolution D would determine the definition of contiguous property for this application.

CHURCH OF THE HOLY FAMILY SPECIAL USE PERMIT MODIFICATION

DIFFERENCES AMONG RESOLUTIONS

SUBJECT: Public Hearing: Church of the Holy Family – Application for a Special Use Permit Modification (File No. 7.54.D.1, 7.54.D.1A and 7.54.D.2)

We have received and reviewed an application for a Special Use Permit Modification to permit the expansion and removal of buildings on a 3.26 acre site. The site is located at 200 and 212 Hayes Road, bounded by Hayes, Brandon, and Flemington Roads, east of Fordham Boulevard and northwest of the Glen Lennox Apartment community. The site is located in the Town’s Residential-3 (R-3) zoning district and Watershed Protection District.

· The modification of the existing Special Use Permit boundary at 200 Hayes Road to include the lot at 212 Hayes Road (Chapel Hill Township Tax Map 54, Block D, Lot 2).

Access to the site would be provided from the existing parking lot entrances at Brandon and Flemington Roads and well as the proposed parking lot on Hayes Road. The new development is proposed to include 36 additional parking spaces.

The two existing buildings belonging to Church of the Holy Family were built in 1952-53 and expanded to their present size (13,754 square feet) in 1962-1963. A Special Use Permit was issued in 1979 to permit the Church to provide daycare services. In 1981 the Town’s Development Ordinance was revised to allow both Church and daycare uses in the Residential-3 (R-3) zoning district, however the property remained encumbered by the Special Use Permit.

In 1992 the Church was granted a Special Use Permit Modification that permitted 17,288 square feet of floor area, 53 off-street parking spaces (at the corner of Brandon and Flemington Roads), and “streetscape” landscaping that included a brick wall, sidewalks, and handicap access modifications. The 1992 Special Use Permit Modification did not approve any changes to building size or configuration.

The Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation.

Existing Conditions: The site is located at 200 and 212 Hayes Road, bounded by Hayes, Brandon, and Flemington Roads, east of Fordham Boulevard and northwest of the Glen Lennox Apartment community. Access to the site is provided from the parking lot entrances at Brandon and Flemington Roads.

The Church or the Holy Family is currently an Episcopal Church that is a place of worship, Christian education, and daycare services. Presently there are two buildings: the main 3-story Church building (12,201 square feet) and the 2-story Christian education and daycare building (1,553 square feet).

The 3.26 acre site is located within the Residential-3 (R-3) zoning district and the Town’s Watershed Protection District.

Development Description: The Church of the Holy Family development at 200 Hayes Road is currently encumbered by a Special Use Permit Modification. The applicant has proposed to revise the existing boundary with this Special Use Permit Modification application to include the lot immediately north at 212 Hayes Road. The application also proposes to expand the existing structures and parking. New floor area includes an expanded worship area, classrooms, administrative offices, and library. The proposal also includes complete renovation of the existing Church, relocation of the existing daycare playground and expansion of the Hayes Road streetscape.

The combined floor area of 200 and 212 Hayes Road is currently 15,087 square feet; 11,798 square feet of new floor area has been proposed; 4,781 square feet of floor area has been proposed for demolition and off-site relocation; and the total post-development floor area proposed is 22,104 square feet. The combined number of parking spaces currently is 55 on both lots; 36 new parking spaces are proposed; 4 parking spaces will be removed; for a total of 89 post-development parking spaces.

Intensity Standards: The proposed project would meet the Development Ordinance’s standards for outdoor space and livability space for the Residential-3 (R-3) zoning district.

We note that the applicant is requesting that the Council modify floor area limits for this site. In 1992, the Council modified the floor area regulations to allow 17,288 square feet of floor area at this site. With the additional 2,289 square feet of floor area allowed by including 212 Hayes Road inside the Special Use Permit boundary, the maximum floor area allowed would be 19,577 square feet. The applicant has requested further modification of the floor area regulation with this application to allow 22,104 square feet of floor area, or 2,527 square feet (13%) over the maximum floor area allowed. The Council has the authority, in the context of this request for a Special Use Permit Modification, to modify regulations if it determines that public purposes are satisfied.

We believe that the Council could find that the proposed 13% increase in floor area is a desirable public safety improvement, as it provides better internal circulation for the structure. Furthermore, the facilities serve public purposes by providing additional space for daycare, and community groups.

Access and Circulation: Vehicular access to the site is proposed from two points: (1) The existing parking lot entrances at 200 Hayes Road on Brandon and Flemington Roads and (2) the separate entrance and exit to the proposed parking lot at 212 Hayes Road.

Hayes Road is a frontage road to U.S. 15-501 and is part of a 200-foot wide North Carolina Department of Transportation right-of-way. Hayes Road is 27 feet wide from Brandon Road to the northern property line where it narrows to 19 feet wide. The widened shoulder on the 27-foot wide section is used for parking.

Curb and gutter and a 5-foot brick sidewalk currently exist along most (265 feet) of the Hayes Road frontage. There are no improvements on the west side of Hayes Road. The applicant proposes extending the existing brick sidewalk approximately 120 linear feet to the northern boundary of the neighboring lot, 212 Hayes Road (to be included in the proposed SUP boundary). We note that the applicant also proposes to remove and replace old curbing adjacent to 212 Hayes Road. We recommend that sections of existing and proposed curbing be clearly indicated on Final Plans. We have included this stipulation in Resolution A.

Brandon Road is a 34-foot wide road in a 50-foot Town right-of-way. There are 5-foot sidewalks with curb and gutter on both sides of Brandon Road and the sidewalk along the site’s frontage is brick, as on Hayes Road.

Flemington Road is a 30-foot wide road in a 50-foot Town right-of-way. There is curb and gutter on both sides of the street and sidewalk on the east side of the street. We recommend that the applicant install a five-foot wide sidewalk on the west side of Flemington Road, along the 287-foot long frontage, to the northern property line. This would create an uninterrupted sidewalk around the western, southern, and eastern frontage of the site and compliment the existing sidewalk on the east side of Flemington Road. We have included this stipulation in Resolution A. The applicant has not proposed to build a sidewalk on Flemington Road.

We recommend that plans for improvements to State-maintained roads, including utility plans, be approved by North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.

Parking: Subsection 14.6.7 of the Development Ordinance requires that a minimum of 71 parking spaces be provided on this site (based on 1 parking space per 4 seats in a place of worship).

We further note that the Development Ordinance does not define parking requirements for child day care facilities and requires that daycare facilities be considered on a case-by-case basis. The applicant suggests that the parking needs for the daycare facility at Church of the Holy Family should total 13 spaces: one for each of the existing staff members, and 8 for the visitors / parents. The applicant’s suggestion is based on the City of Durham parking standard.

We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. Therefore the maximum number of parking spaces allowed would be 93 parking spaces (84 spaces plus 10% or 9 spaces).

The applicant is proposing a total of 89 parking spaces, 55 of which currently exist. Given the 110% maximum Council parking policy, we believe that the proposed number of spaces falls between the minimum (78) and maximum (93), and therefore recommend 89 parking spaces. We have included this stipulation in Resolution A.

We recommend that the applicant construct the proposed parking lot to Town standard. We have included this stipulation in Resolution A.

A stipulation in the 1992 Special Use Permit requires a bike rack near one of the Church entrances for at least 10 bicycles. We note that there is not an existing bicycle rack but the applicant has proposed to build a rack for 10 bicycles to comply with the Special Use Permit. Consistent with the Council’s adopted policy and standards, the wave-type bike racks will need to be lighted and covered. We have included this stipulation in Resolution A.

Traffic Impact: The applicant has provided a Transportation Impact Statement for this proposal. According to the applicant’s transportation analysis, there will be no substantive post-development transportation impact. The number of seats in the Church is proposed to increase from 225 to 285 (60 seats or 27%). Church services and functions are generally held during off-peak traffic hours resulting in minimum transportation impact.

We believe that the proposed expansion and renovation at Church of the Holy Family will have a minor impact on transportation levels of service.

Buffers and Landscaping: The Development Ordinance requires landscape bufferyards around the perimeter of the development. The following table indicates landscape buffers that are required by the Town’s Development Ordinance and those proposed by the applicant:

The Community Design Commission approved an alternative type ‘D’ buffer (a 6-foot high brick wall streetscape with plantings) in May 20, 1992, which includes the entire western bufferyard (Hayes Rd.) and wraps around the first 115 feet of the southern bufferyard (Brandon Rd.). The applicant has proposed extending the brick wall along Hayes Road to the northern boundary of 212 Hayes Road, which is the proposed revised Special Use Permit Modification boundary. We recommend that the precise location of all existing or proposed alternative bufferyards be clearly specified on Final Plans. We have included a stipulation in Resolution A to that effect.

We recommend that all canopy trees installed in graded buffer areas shall be a minimum of 3” – 3½“ caliper when installed. Also, all small trees installed in graded buffer areas shall be a minimum of 8 feet in height. We have included this stipulation in Resolution A.

We also recommend that all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 2” – 2½“ in caliper when installed. We have included this stipulation in Resolution A.

The applicant has proposed to save two significant Magnolia trees adjacent to the entrance and exit to the proposed parking lot. We believe that the configuration of the entrance and exit to the proposed parking lot will allow the two Magnolia trees to be saved.

We recommend that the tree protection fencing be erected between the proposed sidewalk construction along Hayes road and adjacent vegetation that is to remain. We have included this stipulation in Resolution A. We also recommend that the applicant take particular care to protect the Magnolia trees when extending the brick wall to the northern boundary of 212 Hayes Road.

Building Elevations: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.

Stormwater Management: We recommend that a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate shall not exceed the pre-development rate. We have included this stipulation in Resolution A.

The site is located inside the Watershed Protection District and is subject to the impervious surface intensity limits as specified in Section 10.5.2 of the Development Ordinance. The Watershed Protection District is that portion of the New Hope Watershed that drains to Jordan Lake.

The “Low Density Option” for controlling stormwater pollution in the Watershed Protection District places a 24% impervious surface limit on development proposals. This regulation does not pertain to existing impervious surface at Church of the Holy Family, which was in place before the new regulation as of July 1, 1993.

If more than 24% of the existing pervious surface is made impervious as a result of this development proposal, actions must be taken to detain the first inch of runoff. The applicant has proposed covering approximately 13% of the existing pervious surface with impervious surface inside the proposed Special Use Permit Modification boundary satisfying the “low Density Option.” Therefore, the applicant will not be required to provide permanent retention on-site.

Bio-retention: The applicant has proposed a bio-retention area (105 feet x 6 feet) in the traffic island of the proposed 38-car parking lot at 212 Hayes. Drainage from the bio-retention area will be directed southeast through drainpipe to the existing storm drain at Flemington Road. We recommend that the applicant use the Town standard detail (E-7) for bio-retention areas, as a guideline, to be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.

Recreation Space: The Development Ordinance does not require recreation space for the Residential-3 (R-3) zoning district and use group B. However, Church of the Holy Family has an existing playground on site that is approximately 550 square feet for its daycare facility.

Refuse Management: The applicant proposes to provide a refuse facility for dumpsters in the existing parking area. We recommend that the applicant provide recycling containers as well.

We have included a stipulation in Resolution A that requires the applicant to develop a Solid Waste Management Plan for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. The applicant will need to contact the Orange County Solid Waste Staff to discuss solid waste requirements before submitting a Final Plan or a Solid Waste Management Plan, including refuse collection area standards and design, demolition recycling, curbside recycling, as well as Final Plan detail drawings.

We recommend that drive aisles providing access to future dumpsters or recycling facilities be constructed to Town standards with heavy-duty pavement. In lieu of providing heavy-duty pavement, we recommend that the following note appear on final plans; “applicant will provide a waiver stating neither the town of Chapel Hill nor Orange County will be held responsible for any damage to existing pavement in order to service this container.” We have included this stipulation in Resolution A.

Utilities: We have included a stipulation in Resolution A that requires detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit.

Fire Safety: We have included a stipulation in Resolution A that requires a fire flow report sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.

It is Town Policy that all new structures be located within 500 feet of a fire hydrant. We have included this stipulation in Resolution A.

Erosion Control: The Town Council recently amended the Town Code as it relates to erosion control. The amendment states that if one acre or more is uncovered by land-disturbing activities for a project, a performance guarantee shall be required in accordance with Section 5-97.1 of the Town Code of Ordinances, and that the guarantee shall be required prior to issuance of any permit to begin land-disturbing activity. We note that the purpose of this financial guarantee is to cover the restoration of failed or failing soil erosion and sedimentation generated by the land-disturbing activities. We recommend that this development provide this performance guarantee. We recommend that the approval include a stipulation calling for the plans to be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.

Miscellaneous: We have included stipulations in Resolution A (1) requiring that no open burning associated with this development shall be permitted; and (2) encouraging the developer to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to the start of construction.

Comprehensive Plan: On May 8, 2000, the Town Council adopted a revised Comprehensive Plan. The Land Use Plan, a component of the Comprehensive Plan, identifies this area as an Institutional land use.

Additionally, a transportation objective of the revised Comprehensive Plan is to increase the emphasis on transit, bicycle, and pedestrian mobility town-wide. Extending the sidewalks along the eastern side of Hayes Road and the western side of Flemington Road will contribute to this Comprehensive Plan goal by furthering pedestrian linkages.

Special Use Permit Modification Findings: For approval of a Special Use Permit Modification, the Council must make the following findings, as set forth in Section 18.2 of the Development Ordinance:

(a) That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.

(b) That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations.

(c) That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity;

(d) That the use or development conforms to the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made, except for the particular request for modifications to the regulations.

Based on information available at this stage of the application review process, except for the particular request for modifications to the regulations, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Development Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan.

Resolutions A and B would approve the application and the requested modification to the regulations, with conditions.

Special Use Permit Modification Application

Church of the Holy Family	Compliance	Non-Compliance
Use Permitted	X
Min. Gross Land Area	X
Min. Lot Width	X
Max. Floor Area	X (with modification to the regulations)	X (without modification to the regulations)
Min. Outdoor Space	X
Min. Livability Space	X
Min. Recreation Space	na
Impervious Surface Limits	X
Min. # Parking Spaces	X
Min. # Loading Spaces	na
Min. # Handicap Spaces	X
Max. # Dwelling Units	X
Min. Street Setback	X
Min. Interior Setback	X
Min. Solar Setback	X
Max. Height Limit	X
Min. Landscape Buffers	X
Public Water and Sewer	X

(Manager’s Preliminary Recommendation, Transportation Board Recommendation and Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CHURCH OF THE HOLY FAMILY

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Philip Post and Associates on property identified as Chapel Hill Township Tax Map 54, Block D, Lots 1 (PIN # 9798283093), 1A (PIN # 9798285114) and 2 (PIN # 9798283205); if developed according to the site plan prepared on June 23, 2000, and revised on December 19, 2000, and conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for Church of the Holy Family in accordance with the plans listed above and with the conditions listed below:

1. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a Floor Area Ratio of 0.156 for the Church of the Holy Family.

Said public purposes being a public safety improvement as well as the expansion of a community facility.

2. That construction begin by (three years from the date of Council approval) and be completed by (fourteen years from the date of Council approval).

3. Relationship to 1992 Special Use Permit Modification: This authorization is intended to be in addition to the terms of the Town Council, July 6, 1992 Special Use Permit Modification document recorded in deed book 1018, page 406 of the Orange County Register of Deeds.

· demolition and off-site relocation of 3,448 square feet and 1,333 square feet of floor area respectively (4,781 square feet total);

· the relocation of the existing Special Use Permit boundary at 200 Hayes Road (Church of the Holy Family) to include 212 Hayes Road (neighboring parcel to the north).

The total new floor area authorized is 22,104 square feet. The aggregate authorized land use intensities, existing and proposed, are as follows:

5. Recombination of Lots: That the existing lots at 200 Hayes Road, 212 Hayes Road, and 207 Flemington Road, identified as Chapel Hill Township Tax Maps 54, Blocks D, Lots 1 (PIN #9798283093), 1A (PIN #9798285114), and 2 (PIN #9798283205) respectively be recombined to form a single lot.

6. Alteration of Special Use Permit Boundary: That the existing Special Use Permit Boundary at 200 Hayes Road and 207 Flemington Road shall be altered to include the 0.49-acre lot at 212 Hayes Road, identified as Chapel Hill Township Tax Maps 54, Blocks D, Lots 1 (PIN #9798283093), 1A (PIN #9798285114), and 2 (PIN #9798283205) respectively. The gross land area of the new Special Use Permit Modification boundary is 3.26 acres.

7. Town Standards: That all new streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards. Catch basins and underground stormwater pipes (rather than drainage swales) shall be utilized to collect stormwater.

8. Hayes Road and Flemington Road Frontage Improvements: That prior to the issuance of a Zoning Compliance Permit the applicant obtain all necessary encroachment agreements and permits from the North Carolina Department of Transportation and the Town of Chapel Hill for work occurring in the right-of-way.

9. Sidewalks: That sidewalk, constructed of brick or concrete, shall be built approximately 287 linear feet along the Flemington Road frontage.

10. Curb Section Improvements: That sections of curbing proposed for removal and replacement shall be clearly indicated on Final Plans.

11. Parking Spaces: That the 38 proposed parking spaces will increase the permitted parking spaces on the site to 89 spaces.

12. Handicapped Parking Spaces: That at least two handicapped parking spaces shall be provided in the parking lots (1 space in each lot).

13. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

15. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:

Bufferyard Location	Buffer Required
Western Border (Hayes Rd.)	30 ft. Type ‘D’ Buffer¹
Southern Border (Brandon Rd.)	15 ft. Type ‘C’ Buffer¹
Eastern Border (Flemington Rd.)	15 ft. Type ‘C’ Buffer
Northern Border (interior property line)	20 ft. Type ‘C’ Buffer

1. The Community Design Commission approved a 6-foot high brick wall streetscape on May 20, 1992 as a landscape element of the western bufferyard and a small portion of the southern bufferyard.

16. Tree Protection Fencing: That the tree protection fencing shall be erected between the proposed sidewalk construction along Hayes road and adjacent vegetation that is to remain.

17. Catch Basins and Stormwater Pipes: That catch basins and stormwater pipes shall be utilized as part of street construction, in order to minimize land disturbance in buffer areas. Drainage swales shall not be established in the required landscape bufferyards on this site.

18. Slopes in Buffer Areas: That all newly graded landscape buffer areas shall not exceed a 3:1 slope.

19. Buffer Plantings: That all canopy trees installed in graded buffer areas shall be a minimum of 3” – 3½“ caliper when installed. Also, all small trees installed in graded buffer areas shall be a minimum of 8 feet in height.

20. Parking Lot Plantings: That all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 2” – 2½“ in caliper when installed.

21. Planting Strips: That five-foot wide planting strips shall be provided between parking areas and each building.

22. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit.

23. Utility Lines: That all new utility lines, other than 3-phase electric power distribution lines, shall be underground.

24. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

25. Fire Hydrant Location: That all new structures be located within 500 feet of a fire hydrant, subject to the approval of the Town Manager, prior to the issuance of a Zoning Compliance Permit.

26. Sprinkler System: That the new buildings shall have a sprinkler systems in accordance with Town Code, which shall be approved by the Town Manager.

27. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for the recycling, management, and minimization of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

28. Heavy-Duty Paving: That all new drive aisles that provide access to future dumpsters or recycling facilities be constructed to Town standards with heavy-duty pavement. In lieu of providing heavy-duty pavement, the following note must appear on final plans; “applicant will provide a waiver stating neither the town of Chapel Hill nor Orange County will be held responsible for any damage to existing pavement in order to service this container.”

Miscellaneous Stipulations

29. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, the lighting plan, and any new alternative buffers for the site, prior to the issuance of a Zoning Compliance Permit.

30. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate shall not exceed the pre-development rate.

31. Bio-retention: That the design and list of plant species of the new bio-retention area shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Town standard detail (E-7) shall be used as a design and plant species guideline for bio-retention areas.

32. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

33. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

34. Erosion Control: That a performance guarantee shall be required in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances, and that the guarantee shall be required prior to issuance of any permit to begin land-disturbing activity. That the approval shall require plans to be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit.

35. Open Burning: That no open burning shall be permitted during the construction of this development.

36. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

37. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

38. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.

39. Bicycle Facilities: That the applicant shall provide bicycle-parking facilities, as described in the Town’s Design Manual. The applicant shall provide a covered, wave-type bicycle rack, in a highly visible, well-illuminated area for ten (10) bicycles. The bike rack covering may include roof eaves of suitable dimensions.

40. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

41. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for Church of the Holy Family.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CHURCH OF THE HOLY FAMILY

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for Church of the Holy Family.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CHURCH OF THE HOLY FAMILY

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Philip Post and Associates on property identified as Chapel Hill Township Tax Map 54, Block D, Lots 1 (PIN# 9798283093), 1A (PIN # 9798285114) and 2 (PIN# 9798283205); if developed according to the site plan prepared on June 23, 2000, and revised on December 19, 2000, and conditions listed below, would not:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit Modification for Church of the Holy Family.

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR CHURCH OF THE HOLY FAMILY (2000-01-16/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit Modification for Carol Woods, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:

Existing Conditions Summary
	Floor Area	Outdoor Space	Livability Space	Parking
200 Hayes Rd. (Church and Daycare)	13,754	112,082	93,357	53
212 Hayes Rd. (House)	1,333	19,740	19,740	2
Total	15,087	131,822	113,097	55

Land Use Intensity: Pre and Post-Development Expansion
EXISTING SUP BOUNDARY	200 Hayes Rd. (Church & Daycare)	212 Hayes Rd. (House)	Total
Net Land Area	109,601	na	109,601
Credited Street Area	10,960	na	10,960
Gross Land Area (Pre-Development)	120,561	na	120,561
PROPOSED SUP BOUNDARY
Net Land Area	109,601	19,445	129,046
Credited Street Area	10,960	1,945	12,905
Total Gross Land Area (Post-Development)	120,561	21,390	141,951
REQUIRED LAND USE INTENSITY
Maximum Floor Area (allowed by 1992 SUP Modification)	17,288	2,289	19,577
Minimum Outdoor Space	na	na	113,561
Minimum Livability Space	na	na	88,010
PORPOSED LAND USE INTENSITY
Proposed Floor Area	na	na	22,104
Proposed Outdoor Space	na	na	123,358
Proposed Livability Space	na	na	90,971

Impervious Surface Summary
		Existing		Proposed
	Gross Land Area (sq. ft.)	Existing Impervious Surface (sq. ft.)	Existing Pervious Surface (sq. ft.)	Proposed Impervious Surface (sq. ft.)	% of Existing Pervious Area to be made Impervious	% Impervious Surface Total
200 & 212 Hayes Rd. (Combined)	141,951	43,266	98,685	56,254	13.2%	39.6%

Current Land Use Intensity
	Floor Area (sq. ft.)	Parking Spaces
200 Hayes Rd. (Church and Daycare)	13,754	53
212 Hayes Rd. (House)	1,333	2
Total	15,087	55

Building Expansion Summary
	Floor Area				Parking
	Existing	Proposed Demolition or Off-Site Relocation	Proposed New Floor Area	Proposed Post-Development Floor Area	Existing Parking	Proposed New Parking	Proposed Post-Development Parking
200 Hayes Rd. (Church)	13,754	-3,448	11,798	22,104	53	-2	51
212 Hayes Rd. (House)	1,333	-1,333	0	0	2	36	38
Total	15,087	-4,781	11,798	22,104	55	34	89

Bufferyard Summary
Bufferyard Location	Buffer Required	Buffer Proposed
Western Border (Hayes Rd.)	Min. 30 ft. Type ‘D’ Buffer	30 ft. Type ‘D’ Buffer¹
Southern Border (Brandon Rd.)	Min. 15 ft. Type ‘C’ Buffer	15 ft. Type ‘C’ Buffer¹
Eastern Border (Flemington Rd.)	Min. 15 ft. Type ‘C’ Buffer	15 ft. Type ‘C’ Buffer
Northern Border (interior property line)	Min. 20 ft. Type ‘C’ Buffer	20 ft. Type ‘C’ Buffer
1. A 6-foot high brick wall streetscape was approved by the Community Design Commission on May 20, 1992 as a landscape element of the western bufferyard and a small portion of the southern bufferyard.