AGENDA #9

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

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

DATE: April 9, 2001

INTRODUCTION

Tonight the Council continues the Public Hearing from March 19, 2001, regarding the Special Use Permit Modification application to revise the buffer plans along NC Highway 54 adjacent to Crosland Apartments at Meadowmont. Adoption of Resolutions A, B, C, D, or E would approve the Special Use Permit Modification application. Adoption of Resolution F would deny the request.

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

¨ Cover Memorandum: Provides background on the development proposal and the Town’s review process, and offers recommendations for Council action.

¨ Attachments: Includes resolutions of approval and denial, comments on issues raised during the March 19 Public Hearing, and a copy of the Public Hearing memorandum and its related attachments.

Background

On March 19, 2001, a Public Hearing was held for consideration of a Special Use Permit Modification to revise the buffer plans along NC Highway 54 adjacent to Crosland Apartments in the Meadowmont development. The Hearing is being reopened tonight to receive additional applicant and staff comments. We note that, on March 19, the Council determined that contiguous property would be defined as all properties within 500 feet of the site.

This is an application for a Special Use Permit Modification. 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 regarding its compliance with the standards and regulations of the Town’s Development Ordinance; we have presented a report to the Planning Board; and on March 19, we submitted our report and recommendation to the Council.

EVALUATION OF THE APPLICATION

The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit Modification. However, in the case where a Special Use Permit Modification is requested for a parcel of land covered by an approved and valid Master Land Use Plan, and the proposed development is consistent with the Master Land Use Plan, then a rebuttable presumption shall be established that the Council can make three of the four findings of fact (findings a), c) and d) as defined in Section 18.3) required for a Special Use Permit Modification.

Evidence was presented on March 19 and additional evidence may 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.

Finding Regarding Consistency with the Meadowmont Master Plan.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: 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 Highway 54 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.

We believe the proposal is generally consistent with the Master Plan and a rebuttable presumption can be established by the Council for three of the four findings of fact (findings a), c) and d) as defined in Section 18.3) required for a Special Use Permit Modification.

Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Finding Regarding Compliance with all applicable regulations and standards of the Development Ordinance: 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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (provided as an attachment to the March 19 Public Hearing memorandum). We note the following key point raised by the applicant.

Ø We believe that the development has already been found to be in compliance with all required regulations and standards and that the proposed modification does not conflict with any regulations or standard. [Applicant Statement]

Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

KEY ISSUE

The main point of discussion at the March 19 Public Hearing was whether or not a path through the woods should be paved.

Staff Comment: The 5-foot paved path, approved with the original Special Use Permit, would be generally parallel to the existing NC Highway 54 10-foot wide bicycle/pedestrian path. We note that the approved location for this 5-foot paved path meanders through the NC 54 buffer. We also note that the distance between the 5-foot path and the parallel path along NC Highway 54 varies. At the east end of the path, near East Barbee Chapel Road where the buffer is 50 feet wide, the paths are closest (approximately 30 feet apart). At the western end of the path, along Meadowmont Lane where the buffer is 200 feet wide, the distance between the two paths is greatest (approximately 130 feet apart).

We believe the 5-foot path would be redundant and unnecessary, and would result in additional grading and land disturbance. We anticipate that the greatest area of cleared vegetation (approximately 30 feet wide by 90 feet long) associated with the 5-foot path would occur near Meadowmont Lane (see photo Attachment 11). We also believe that additional clearing associated with the construction of this path would severely degrade the existing 50 foot wide buffer at the east end of the development near East Barbee Chapel Road.

We believe that approximately 10,000 square feet of new clearing would be necessary in order to construct the path as recommended by the Bicycle and Pedestrian Advisory Board. We also believe that the removal of this vegetation will increase visibility between the apartments and the highway. Resolution A, the Manager’s revised recommendation, would not require installation of the 5-foot meandering path.

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 B. 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 B. Please see the attached Summary of Community Design Commission Action.

Transportation Board Recommendation: The Transportation Board reviewed this application on March 20, 2001, and voted 4-1 to recommend that the Council approve the application with the adoption of Resolution C. Please see the attached Summary of Transportation Board Action.

Resolution C includes the following recommended condition of the Transportation Board:

Ø That a 5-foot hard surface path be constructed between the “woodchip play area” (located south of building #10 and #11), to the NC Highway 54 bicycle/pedestrian path. That the path should also extend north from the play area and connect to the concrete sidewalk (between building #10 and #11).

Staff Comment: The proposed location for this hard surface path, through the buffer, is an area that was previously cleared for erosion control purposes during the developments’ initial construction phase (see photo Attachment 10).

We do not believe that a path between the “woodchip play area” and NC Highway 54 is necessary or desirable. We are concerned that a path in this area could present safety issues for children playing in the area. We note, that if constructed, this path would provide a direct connection for children between the play area and the highway. We believe that this cleared area should be landscaped with sufficient plant material to discourage pedestrian/children movement between the play area and the highway.

We believe that it is appropriate to include a stipulation, which would require the developer to landscape the described cleared area, between the highway and the woodchip play area. Resolution A includes a stipulation to that affect.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on March 13, 2001 and voted 8-0 to recommend that the Council approve the application with the adoption of Resolution D. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action to the Council.

Resolution D includes the following recommended conditions of the Bicycle and Pedestrian Advisory Board:

Ø That bicycle parking in the amounts and types as per the Design Guidelines should be provided.

Ø That pedestrian crosswalks and pedestrian activated signals be provided at all 4 intersection approaches to the NC Highway 54/Meadowmont Lane/Friday Center Drive intersection and the NC Highway 54/Barbee Chapel Road intersection.

Ø That the applicant contributes towards a fund for building future bicycle connections from the Croslands bicycle/pedestrian path to adjacent areas: i.e., Finley Forest and future developments to the east.

Staff Comment: The Council originally approved a Special Use Permit for Crosland Apartments on July 3, 1997. We note that the overall plan at the time of approval complied with the Design Manual and Development Ordinance.

Case law has established a principle called “rational nexus” requiring that there be a clear relationship between requirements attached to a development approval, and the needs and impacts that are created by this proposed development. We believe that the modification to the approved Special Use Permit, as proposed by this application, is not of a nature that affects the rational nexus or rough proportionally test that must be applied. We believe that the nature of this proposal, to modify the approved Special Use Permit, does not create any impacts that justify the recommendations listed above.

We believe that it is not possible for the three above recommendations to meet the legal test of rational nexus or rough proportionally. Resolution A, the Manager’s revised recommendation, does not include these three recommendations.

Resolution D also includes the following recommended condition of the Bicycle and Pedestrian Advisory Board:

Ø That the applicant constructs the 5-foot meandering paved path as approved with the original Special Use Permit.

Parks and Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this application on March 22, 2001, and voted 7 - 0 to recommend that the Council approve the application with the adoption of Resolution E. Please see the attached Summary of Parks and Recreation Commission Action to the Council.

Resolutions A and E include the following recommended condition of the Parks and Recreation Commission:

Ø That the applicant provides supplemental landscaping in the buffer area between the apartments and NC Highway 54.

Staff Comment: We believe that the applicant intends to provide additional landscaping in the NC 54 buffer area and does not object to this recommendation and stipulated condition of approval.

Resolution E includes thee following recommended condition of the Parks and Recreation Commission:

Ø That the applicant adds a fence or vegetative barrier between the small play area (located near Buildings # 3 and Building #4 at the northern end of the development) and East Barbee Chapel Road.

Staff Comment: The applicants’ Special Use Permit Modification application is a request to revise the buffer plans along NC Highway 54. The above recommendation, by the Parks and Recreation Commission, concerns an area of the development that is located at the opposite end of the project near Buildings #3 and #4 and is not part of this Special Use Permit Modification application. We do not believe that landscaping or fencing this playground area is part of nor should be a condition of approval of this Special Use Permit Modification application.

However, we note that the applicant is currently working with staff to address the concerns expressed by the Parks and Recreation Commission. The applicant recently submitted revised Final Plans for the playground area near Building #3 and #4. Based on comments from staff, and the Parks and Recreations Commission, the applicant is currently revising those plans. We believe that the revised plans will include a combination of landscaping and fencing between the play area and East Barbee Chapel Road.

Manager’s Revised Recommendation: Based on our evaluation of the application and information presented at the Public Hearing, our conclusion is that the application complies with standards and regulations of the Development Ordinance.

If the Council makes the findings required to approve the Special Use Permit Modification, we recommend that the application be approved with adoption of Resolution A.

Resolution A has been revised in the following manner:

Ø A stipulation has been added requiring that the existing area of cleared vegetation, between the woodchip play area (near Buildings #10 and #11), and the NC Highway 54 pedestrian/bike trail be landscaped.

Ø A stipulation has been added requiring that the applicant provide supplemental landscaping, in the NC 54 buffer area between the apartments and NC Highway 54.

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

Resolution C would approve the application based on the recommendations of the Transportation Board.

Resolution D would approve the application based on the recommendations of the Bicycle and Pedestrian Advisory Board.

Resolution E would approve the application based on the recommendations of the Parks and Recreation Commission.

Resolution F would deny the application.

CROSLAND APARTMENTS AT MEADOWMONT SPECIAL USE PERMIT MODIFICATION

DIFFERENCES AMONG RESOLUTIONS

ISSUE

Resolution A

Manager’s Revised Recommendation

Resolution B

Planning Board and Community Design Commission Recommendation

Resolution C

Transportation Board Recommendation

Resolution D

Bicycle and Pedestrian Advisory Board Recommendation

Resolution E

Parks and Recreation Commission

Recommendation

Paved path from buildings 10 and 11, to the woodchip play area and NC 54 pedestrian/bike path ~~to exceed 110% of minimum requirement~~

Yes

Landscaping of cleared path between woodchip play area and NC 54 pedestrian/bike path

Yes

Bicycle Parking Per Design Guidelines

Yes

Retain 5-foot meandering path in buffer.

Yes

Stripped walkways and pedestrian activated signals across NC 54 at the Meadowmont Lane/Friday Center Dr & Barbee Chapel Road ~~and Barbee Chapel Road at th~~e intersections

Yes

Contribute to fund for construction of future bicycle connection in general area

Yes

Add fence or vegetative barrier to small play area in north area of project

Yes

Additional landscaping in buffer between buildings and NC 54 Highway

Yes

*Issue was not discussed at this particular advisory board’s meeting.

ATTACHMENTS

1. Resolution A – Approving the Application (p. 10).

2. Resolution B – Approving the Application (p. 13).

3. Resolution C – Approving the Application (p. 14).

4. Resolution D – Approving the Application (p. 15).

5. Resolution E – Approving the Application (p. 17).

6. Resolution F – Denying the Application (p. 18).

7. Summary of Transportation Board Action (p. 19).

8. Summary of Bicycle and Pedestrian Advisory Board Action (p. 20).

9. Summary of Parks and Recreation Commission Action (p. 21).

10. Photo of cleared area between woodchip play area and NC Highway 54 (p. 22).

11. Photo of anticipated clearing along Meadowmont Lane for 5-foot meandering path (p. 23).

12. March 19, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1)

ATTACHMENT 1

RESOLUTION A

(Manager’s Revised Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE CROSLANDS APARTMENTS AT MEADOWMONT (SUP 52..6) (2001-04-09/R- 14a)

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 Highway 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 Highway 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 Highway 54 buffer is no longer required.

Stipulations Related To Landscaping

5. Existing Path between NC Highway 54 and Play Area: That the existing area of cleared vegetation, between the woodchip play area and the NC Highway 54 pedestrian/bike trail be landscaped, as determined necessary by the Town Manager.

6. NC Highway 54 Buffer: That the applicant provides supplemental landscaping, as determined necessary by the Town Manager, in the buffer area between the apartments and NC Highway 54.

7. Landscape Plan: That a detailed landscape plan and landscape maintenance plan be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

8. Phasing Plan: That the applicant submit a revised phasing plan for review and approval by the Town Manager.

9. Detailed Plans: That final detailed site plans, grading plans, landscape plans are approved by the Town Manager, and that such plans conform to the plans approved by this application and demonstrates compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

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

13. 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 Special Use Permit Modification application for Crosland Apartments at Meadowmont.

This the 9^th day of April, 2001.

ATTACHMENT 2

RESOLUTION B

(Planning Board and Community Design Commission Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE CROSLANDS APARTMENTS AT MEADOWMONT (SUP 52..6) (2001-04-09/R-14b)

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

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.

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.

2. Delete stipulations: Remove stipulations #5, #6, and #7.

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 9^th day of April, 2001.

ATTACHMENT 3

RESOLUTION C

(Transportation Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE CROSLANDS APARTMENTS AT MEADOWMONT (SUP 52..6) (2001-04-09/R-14c)

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

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.

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

Delete stipulations: Remove stipulations #5, #6 and #7.

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 9^th day of April, 2001.

ATTACHMENT 4

RESOLUTION D

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE CROSLANDS APARTMENTS AT MEADOWMONT (SUP 52..6) (2001-04-09/R-14d)

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

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.

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

2. Bike Racks: That the bicycle parking area for this development shall comply with the Town’s Design Manual.

3. Improved Walking Path: That the improved 5-foot wide walking path, located within the NC Highway 54 buffer and shown on the 1997 approved Special Use Permit Plans, shall be constructed.

4. Pavement Striping and Pedestrian Activated Signals: That pedestrian crosswalks and pedestrian activated signals be provided across NC Highway 54 at the NC 54 Highway 54/Meadowmont Lane/Friday Center Drive intersection and the Barbee Chapel Road intersections.

5. Future Bicycle Path Construction: That the applicant contributes towards a fund for building future bicycle connections from the Croslands bicycle/pedestrian path to adjacent areas: i.e., Finley Forest and future developments to the east.

6. Delete stipulations: Remove stipulations #2, #3, and #5, #6, and #7.

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 9^th day of April, 2001.

ATTACHMENT 5

RESOLUTION E

(Parks and Recreation Commission Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE CROSLANDS APARTMENTS AT MEADOWMONT (SUP 52..6) (2001-04-09/R-14e)

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

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.

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.

2. Landscaping: That the applicant adds a fence or vegetative barrier between the small play area (located near Buildings # 3 and Building #4 at the northern end of the development) and East Barbee Chapel Road.

3. Delete stipulations: Remove stipulations #5.

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 9^th day of April, 2001.

ATTACHMENT 6

RESOLUTION F

(Denying the Application)

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

(2001-04-09/R-14f)

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 9^th day of April, 2001.