AGENDA #4

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Public Hearing: Crosland Apartments at Meadowmont – Application for Special Use Permit Modification

DATE: March 19, 2001

INTRODUCTION

Attached for your consideration is an application for a Special Use Permit Modification to revise buffer plans along NC Highway 54 adjacent to Crosland Apartments at Meadowmont. The proposed change would allow greater retention of existing vegetation. This application is located on the north side of NC Highway 54 between Meadowmont Lane and East Barbee Chapel Road. The property is located in the Residential-5-Conditional (R-5-C) zoning district and is identified as Chapel Hill Township Tax Map 52, part of Lot 6, and Durham County Tax Map 479, part of Lot 18.

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 recommendation to the Council.

The standard for review and approval of a Special Use Permit Modification application pursuant to an approved Master Plan involves consideration of consistency with the Master Plan and compliance with the Town’s regulations and standards. Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make the necessary 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 the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.

¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance.

¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

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.

The Development Ordinance defines contiguous property as follows:

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 C provides a format for determining the definition of contiguous property for this application.

DESCRIPTION OF THE PROPOSAL

In 1995, the Town Council approved the Meadowmont Master Land Use Plan. The approved site plan and Master Land Use Plan resolution identified a landscape buffer area along the NC 54 Highway frontage of the Crosland Apartment site. More specifically, the Master Land Use Plan along this frontage contained a 200-foot wide buffer area, and a 50-foot wide buffer area.

In 1997 the applicant submitted a Special Use Permit application for Crosland Apartments. The submitted site plans for the NC 54 buffer included the restoration of a meadow, a centrally located playing field, (identified as “manicured grass”) a playground area and an improved 5-foot wide walking path between Meadowmont Lane and East Barbee Chapel Road. The improved walking path was proposed to run close to the apartment buildings, parallel to NC 54 and remain mostly within the undisturbed areas of the buffer.

On July 3, 1997, the Town Council approved a Special Use Permit for the Crosland Apartments. The approved Special Use Permit included the plan for the NC 54 Highway frontage adjacent to the Crosland apartments.

The 1997 Special Use Permit stipulated the removal of the playing field.

The applicant is proposing to modify the NC 54 buffer requirements of the 1997 Special Use Permit for Crosland Apartments, as follows:

Ø Remove the stipulation requiring restoration of the meadow;

Ø Delete the requirement for an improved 5-foot wide walking path between Meadowmont Lane and East Barbee Chapel Road;

Ø Retain all existing vegetation; and

Ø Supplement existing vegetation with additional plant material.

EVALUATION OF THE APPLICATION

On October 23, 1995, the Town Council approved a Master Land Use Plan for the Meadowmont development. The plan proposed a mix of residential, office, and commercial uses on a 435-acre site. ~~Pursuant to that Master Plan approval,~~ Tthe original application for a Special Use Permit was submitted pursuant to that Master Plan approval.

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance. We have prepared a Planning Staff Report, attached to this memorandum. A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

Based on our evaluation, we have concluded that the application as submitted complies with the regulations and standards of the Development Ordinance. We believe that the proposed changes are reasonable and desirable, resulting in saving existing vegetation and reducing impervious surface.

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 other written information from other citizens as yet. Staff, applicant, and others may provide information at the Public Hearing. All information submitted will be placed in the record of this Public Hearing

In a typical Special Use Permit Modification proceeding, the burden is on the applicant to present a case , which allows the Council to make the required four findings for approving a Special Use Permit Modification. The four findings are:

Special Use Permit Modification – Required Findings of Fact

Finding #1: 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.

Finding #2: 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.

Finding #3: 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.

Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

With Council approval of a conceptual Master Plan, however, if the Special Use Permit Modification application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. The Council must only make the finding that the proposed development complies with all applicable sections of the Development Ordinance. Evidence will be presented at the Public Hearing on~~for~~ this application. If the Council decides that the evidence does not support making the fourth finding, or if the Council finds that ~~evidence is presented which indicates~~ the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.

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 the necessary 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 the necessary findings, then the application cannot be approved and, accordingly, should be denied.

KEY ISSUES

Previously Approved Meadow Restoration: We believe that it would be more desirable to retain the existing vegetation than to cut it down and plant new material. The existing vegetation has survived the adjacent construction well, and is in good health. Resolution A, the Manager’s preliminary recommendation, would allow retention of the existing vegetation.

Previously Approved Paved Walking Path: The previously approved 5-foot paved path would be parallel and close to a now existing 10-foot wide bicycle/pedestrian path. We believe the 5-foot path would be redundant and unnecessary, and would result in additional grading and land disturbance. Resolution A, the Manager’s preliminary recommendation, would not require installation of the walking path.

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 conditions that we recommend are described in detail in the accompanying staff report. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan.

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.

3. 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;

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 March 6, 2001 and voted 7-0 to recommend that the Council approve the application with adoption of Resolution A. Please see the attached Summary of Planning Board Action.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on February 21, 2001, and voted 10-0 to recommend that the Council approve the application with the adoption of Resolution A. Please see the attached Summary of Community Design Commission Action to the Council.

Transportation Board Recommendation: The Transportation Board will review this application on March 20, 2001. We will forward a summary of their action as soon as it is available.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board will review this application on March 13, 2001. We will forward a summary of their action as soon as it is available.

Parks and Recreation Commission Recommendation: The Parks and Recreation Commission will review this application on March 21, 2001. We will forward a summary of their action as soon as it is available.

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 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 deny the application.

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

ATTACHMENTS

1. Planning Staff Report (p. 8).

2. Checklist of Project Fact Sheet Requirements (p. 11).

3. Resolution A – Approving the Application (p. 12.)

4. Resolution B – Denying the Application (p. 14).

5. Resolution C – Defining Contiguous Property for this Application (p. 15).

6. Summary of Planning Board Action (p. 16).

7. Summary of Community Design Commission Action (p. 17).

8. 1997 Special Use Permit (p. 18).

9. Applicant’s Statement of Justification (p. 26).

10. Project Fact Sheet (p. 29).

11. Reduced Area Map, Site Plans and Photographs (p. 31).

ATTACHMENT 1

PLANNING STAFF REPORT

SUBJECT: Public Hearing: Crosland Apartments at Meadowmont - Special Use Permit Modification Application (File No. 7.52..6)

DATE: March 19, 2001

INTRODUCTION

Attached for your consideration is an application for a Special Use Permit Modification to revise the NC 54 Entranceway Corridor adjacent to Crosland Apartments at Meadowmont. The proposed change would eliminate the required meadow restoration and allow greater retention of existing vegetation. This application is located on the north side of NC Highway 54 between Meadowmont Lane and East Barbee Chapel Road. The property is located in the Residential-5-Conditional (R-5-C) zoning district and is identified as Chapel Hill Township Tax Map 52, part of Lot 6, and Durham County Tax Map 479, part of Lot 18.

BACKGROUND

October 23, 1995 The Town Council approved a Master Land Use Plan for the Meadowmont development. The plan proposed a mix of residential, office, and commercial uses on a 435-acre site. The Master Plan identifies this site as multi-family residential.

July 3, 1997 The Town Council approved a Special Use Permit for Crosland Apartments, a multi-family development. A stipulation of the approved Special Use Permit required that meadows be restored and existing vegetation preserved along the sites highway frontage in general compliance with the Town’s Master Landscape Plan for the NC 54 Entranceway Corridor.

June 11, 1999 Staff approved Final Plans for the first phase (Phase One A) of construction activity (clearing and grading) for Crosland Apartments. The approved plans included a meadow restoration and vegetation preservation plan for the NC 54 Entranceway Corridor adjacent to the development (between Meadowmont Lane and East Barbee Chapel Road).

Although final plans for the Entranceway Corridor were approved, the staff and the developer mutually agreed to postpone meadow restoration activity until future a construction phase (Phase One C).

May 1999 to Final Plans approved and construction started on Meadowmont Lane,

April 2000 East Barbee Chapel Road and the NC 54 bikeway adjacent to Crosland Apartments. This approved construction activity included clearing and grading activity adjacent to the NC 54 Entranceway Corridor next to Crosland Apartments.

July 3, 2000 Staff and developer mutually agreed to revise the phasing plan and continue to postpone meadow restoration and allow a portion of the residential units to be occupied. Developer begins to discuss with staff regulatory requirements for modifying the Special Use Permit in order to retain existing vegetation.

November 2000 Occupancy of some residential units began in accordance with the approved phasing plan.

December 2000 Applicant submitted an application for a Special Use Permit Modification for changes to the NC 54 Entranceway Corridor.

January 2001 Revised Phasing Plan approved permitting occupancy of remaining residential units. Completion of the NC 54 Entranceway Corridor postponed until fall of 2001.

DESCRIPTION OF THE PROPOSAL

In 1997, the applicant submitted a Special Use Permit application for Crosland Apartments. The submitted site plans for the NC 54 Entranceway Corridor included the restoration of a meadow, a centrally located playing field, (identified as “manicured grass”) a playground area and an improved 5-foot wide walking path between Meadowmont Lane and East Barbee Chapel Road. The improved walking path was proposed to run close to the apartment buildings, parallel to NC 54 and remain mostly within the undisturbed areas of the buffer.

The 1997 Special Use Permit stipulated the removal of the playing field.

The applicant is proposing to modify the NC 54 buffer requirements of the 1997 Special Use Permit for Crosland Apartments, as follows:

Ø Remove the stipulation requiring restoration of the meadow;

Ø Delete the requirement for an improved 5-foot wide walking path between Meadowmont Lane and East Barbee Chapel Road;

Ø Retain all existing vegetation; and

Ø Supplement existing vegetation with additional plant material.

We believe that the applicant’s request to modify the approved Special Use Permit, in order to retain the existing NC 54 buffer is reasonable and desirable. We recommend deletion of the 5-foot wide walking path because a 10-foot wide bicycle and pedestrian path exists along the Highway frontage. We also believe that the construction of this duplicate path would unnecessarily remove vegetation. We refer to the applicant’s submitted Statement of Justification for additional justification.

RECOMMENDATION

We believe that the proposal, if developed according to Resolution A, would meet or exceed all requirements in the Development Ordinance and would conform with the approved Meadowmont Master Land Use Plan. We recommend that the Council adopt Resolution A, approving the application with conditions.

Resolution B would deny the application.

ATTACHMENT 2

PROJECT FACT SHEET REQUIREMENTS

Check List of Regulations and Standards

Special Use Permit Modification Application

	STAFF	EVALUATION
CROSLAND APARTMENTS AT MEADOWMONT	COMPLIANCE	NONCOMPLIANCE
Use Permitted	Ö
Minimum Gross Land Area	Ö
Minimum Lot Width	Ö
Maximum Floor Area	Ö
Minimum Outdoor Space	Ö
Minimum Livability Space	Ö
Minimum Recreation Space	Ö
Impervious Surface Limits	Ö
Minimum # Parking Spaces	Ö
Minimum # Loading Spaces	Ö
Minimum # Handicapped Spaces	Ö
Maximum # Dwelling Units	Ö
Minimum Street Setback	N/A
Minimum Interior Setback	N/A
Minimum Solar Setback	N/A
Maximum Height Limit	Ö
Minimum Landscape Bufferyards (applicable on southern property line only)	Ö
Public Water and Sewer	Ö

N/A = Not Applicable Prepared: February 28, 2001
ATTACHMENT 3

RESOLUTION A

(Manager’s Preliminary Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE CROSLANDS APARTMENTS AT MEADOWMONT (SUP 52..6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Crosland Apartments, on property identified as Chapel Hill Township Tax Map 52, part of Lot 6 and Durham Township Tax Map 479 Block 1, Lot 6, if developed according to the Tree Buffer Exhibit prepared for Crosland Apartments of Meadowmont Apartments dated February 9, 2001 and the 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, with the modifications listed below;

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

4. Conform with 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 these findings are conditioned on the following:

Stipulations Specific to the Development

1. Relationship to the 1997 Special Use Permit: That this approval authorizes:

· Number of Dwelling Units: 258

· Maximum Floor Area: 266,349 square feet

· Minimum Open Space: 685,651 square feet

· Minimum Livability Space: 439,520 square feet

· Number of Buildings: 20 buildings plus four garages

· Number of Parking Spaces: 487

This authorization is intended to be in addition to the terms of the Town Council’s July 3, 1997 Special Use Permit document for Meadowmont Apartment, Crosland Properties, recorded in Book 1922, Page 487 at the Orange County Registrar of Deeds Office and Book 2646, Page 422 at the Durham County Registrar of Deeds Office.

That the terms of the 1997 adopted Special Use Permit shall apply unless modified or superseded by those stipulations below:

2. Improved Walking Path: That the improved 5-foot wide walking path, located within the NC 54 buffer and shown on the 1997 approved Special Use Permit Plans, shall not be constructed.

3. Preservation of Existing Vegetation: That the existing areas of vegetation within the NC 54, buffer, as shown on the Tree Buffer Exhibit prepared for Crosland Apartments of Meadowmont Apartments dated February 9, 2001, shall be preserved.

4. Meadow Restoration: Restoration of the meadow within the NC 54 buffer is no longer required.

5. Landscaping Buffers: That if the applicant proposes additional landscaping, a landscape plan shall be reviewed for approval by the Town Manager.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for Crosland Apartments at Meadowmont.

This the _________ day of _______________, 2001.

ATTACHMENT 4

RESOLUTION B

(Denying the Application)

A RESOLUTION DENYING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR CROSLAND APARTMENTS AT MEADOWMONT (SUP 479.1.1B)

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 with 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 Council finds:

(INSERT ADDITIONAL REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the Special Use Permit Modification application for Crosland Apartments at Meadowmont.

This the ____ day of ____________, 2001.

ATTACHMENT 5

RESOLUTION C

(Defining Contiguous Property)

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR CROSLAND APARTMENTS AT MEADOWMONT (2001-03-19/R-2)

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 Crosland Apartments at Meadowmont, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact, contiguous property to the site of the development proposed by this Special Use Permit Modification application to be that property described as follows:

All properties within 500 feet (or a greater distance as determined by the Town Council) of the site.

This the 19^th day of March, 2001.

CONTIGUOUS PROPERTY

KEY ISSUES

Recommendations

INTRODUCTION

STAFF

EVALUATION

CROSLAND APARTMENTS AT MEADOWMONT

COMPLIANCE

NONCOMPLIANCE

Ö