TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Public Hearing: Orange United Methodist Church - Application for a Special Use Permit Modification (File No. 7.24..36 and 7.24E.A.10)
Date: January 23, 2002
Introduction
An application seeking approval of a Special Use Permit Modification for Orange United Methodist Church, located at 1220 Airport Road on the east side of Airport Road across from the Homestead Road intersection.
The applicant is proposing to construct an education/preschool building, a community-outreach addition, sports field improvements, and a parking area expansion. Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the council may consider as it determines any appropriate conditions to impose upon the proposed development.
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.
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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.
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.
According to this definition, in this case the minimum distance would be 500 feet.
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 E provides a format for determining the definition of contiguous property for this application.
The 13.2-acre site is located on the east side of Airport Road at the Homestead Road intersection. The property is located in the Residential-1 and Residential-2 zoning districts, and is identified as Chapel Hill Township Tax Map 24, Lot 36 and Tax Map 24E, Block A, Lot 10.
Existing Conditions: The site contains approximately 4 acres in the Resource Conservation District associated with Booker Creek defining the eastern property line. Lake Ellen forms at the southeastern tip of the property. A natural spring exists in the floodplain at the southeastern end of the site. Most of the land cover is hardwoods, however damage from Hurricane Fran is evident by the young pine forests that are occurring in the forest openings left by fallen trees. A historic cemetery surrounds the south and east sides of the sanctuary. The existing 4-building campus includes a fellowship hall, church offices, a sanctuary, and log cabin. A total of 19,131 square feet of floor area currently exists on the site. The cabin is at the southwest corner of the property at the end of the existing parking lot about 230 feet from the closest building and has its own septic system and well. The parking spaces for 79 cars are provided with overflow parking currently occurring on the grassed playing field.
Two playgrounds serve the existing enrollment of 125 children in the preschool. Both are located behind the fellowship hall. The existing gravel parking lots are presently being paved in accordance with an approved Administrative Zoning Compliance Permit issued on December 4, 2000.
Development Description: This application for a Special Use Permit Modification proposes to construct an addition of 7,500 square feet of floor area for an education/preschool building and 2,400 square feet of floor area for a new community outreach addition. Associated parking areas and playing field improvements are proposed. The proposal includes:
· to build a new education building for Sunday School and toddler/preschool programs,
· to construct an addition to a log cabin for community organization use,
· to install a gravel loop driveway,
· to construct a new 52-space parking area with gravel or pervious pavers, and
· to make improvements to a sports field.
We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance. We have prepared a Staff Report that discusses intensity standards, access and circulation, parking, bicycle parking, traffic impact, transportation management, bus stops, buffers and landscaping, building elevations, lighting plans, Resource Conservation District, stormwater management, best management practices, refuse management, sprinkler system, recycling, utilities, fire safety, and erosion control. A checklist describing compliance with regulations is also 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 and Design Manual with the conditions in Resolution A. We believe the proposal fulfills the purposes of the Comprehensive Plan.
Tonight the Council receives our attached evaluation, and also receives information by the applicant and others. The applicant’s materials are included as attachments to this memorandum. We have not received any other written information from any 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:
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.
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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.
Based on the review of this development application by town advisory boards and the Town staff, we believe one key issue has been identified. This issue is further discussed as follows:
Southern Entrance: The Church has two points of access on Airport Road. The northern entrance is located at the Homestead Road traffic signal. The Transportation Board has recommended that the southern entrance be signed with restrictions for one-way, entrance only.
Staff Comment: We have not included the Transportation Board recommendation to restrict access at the southernmost driveway on Airport Road in Resolution A. We do not believe that restriction is necessary at the southernmost driveway. We have discussed this issue with representatives from the North Carolina Department of Transportation and they concur that if turning movements are to be restricted, a physical barrier is necessary. If the Council believes that the restriction at the southernmost driveway is important, we recommend that the turning movement restriction be provided with a traffic island. If the Council selects this approach, we believe the following language would be appropriate:
Southern Driveway Restrictions: That the southern-most entrance on Airport Road shall be restricted to right turn in and right turn out movements only with the construction of a traffic island approved by the NCDOT. The design shall be approved by NCDOT prior to issuance of a Zoning Compliance Permit.
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 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. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification:
1. Applicant accepts and records a 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. 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.
5. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way; and
6. Inspections Department issues Building Permits and Certificates of Occupancy.
RECOMMENDATIONS
Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.
Planning Board’s Recommendation: The Planning Board reviewed this proposal on December 4, 2001, and voted unanimously to recommend that the Council approve the application with the adoption of Resolution B. Please see the attached Summary of Planning Board Action.
Resolutions A and B includes the following recommended conditions of the Planning Board:
1. That the sidewalk located on the property’s Airport Road frontage be dedicated as public right-of-way (dedication is anticipated as negotiated with NCDOT).
2. That additional evergreen planting be installed east of the proposed new parking area as needed to enhance the existing landscape bufferyards, subject to Town Manager approval.
3. That the proposed new parking lot may be gravel as proposed, or a porous pavement material at the discretion of the Church.
Staff Comment: Resolutions A and B, include all the above comments from the Planning Board.
Community Design Commission Recommendation: The Commission reviewed this application on December 19, 2001, and voted 8-0 to recommend that the Council approve Resolution B. We will provide a Summary of Community Design Commission Action as soon as it is available.
Bicycle and Pedestrian Advisory Board’s Recommendation: The Board met on December 11, 2001, and did not have sufficient attendance to create a quorum. Several issues were discussed. The board is scheduled to meet again to discuss this development proposal on January 22, 2002. We will provide a Summary of the Bicycle and Pedestrian Advisory Board Action as soon as it is available.
Transportation Board Recommendation: The Transportation Board reviewed this application on December 18, 2001, and voted 6-2 to recommend that the Council adopt Resolution C. Resolution C differs from the Manager’s Preliminary Recommendation, Resolution A, on one issue:
Staff Comment: We have not included the Transportation Board recommendation to restrict access at the southernmost driveway on Airport Road in Resolution A. We do not believe that restriction is necessary at the southernmost driveway. We have discussed this issue with representatives from the North Carolina Department of Transportation and they concur that if turning movements are to be restricted, a physical barrier is necessary. If the Council believes that the restriction at the southernmost driveway is important, we recommend that the turning movement restriction be provided with a traffic island. If the Council selects this approach, we believe the following language would be appropriate:
Southern Driveway Restrictions: That the southernmost entrance on Airport Road shall be restricted to right turn in and right turn out movements only with the construction of a traffic island. The design shall be approved by NCDOT prior to issuance of a Zoning Compliance Permit.
Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application complies with the 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 findings for 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 as recommended by the Planning Board and Community Design Commission.
Resolution C would approve the application as recommended by the Transportation Board.
Resolution D would deny the application.
Resolution E would determine the definition of contiguous property for this application.
Orange United Methodist Church Special Use Permit Modification
Differences between Resolutions
Issue |
Resolution A Manager's Prelim Recommendation |
Resolution B Planning Board, Community Design Commission Recommendation |
Resolution C Transportation Board Recommendation |
Dedication of Airport Road ROW (dedication anticipated as negotiated by NCDOT) |
Yes |
Yes |
Yes |
Additional evergreen plantings along eastern property line to supplement existing vegetation as needed. |
Yes |
Yes |
* |
Parking lot may be gravel or porous material, to be determined by the Church |
Yes |
Yes |
* |
Transportation Management Plan required |
Yes |
* |
Yes |
Extend sidewalk on Airport Road South to the property line |
Yes |
* |
Yes |
Southern driveway on Airport Drive |
no changes recommended |
* |
to be signed as one-way, entrance only |
Bench required to be added to existing Airport Road bus stop |
Yes |
* |
Yes |
* Issue was not discussed at this particular advisory board meeting.
1. Staff Report (p. 10).
3. Resolution B (p. 26).
4. Resolution C (p. 27).
5. Resolution D (p. 28).
6. Resolution E (p. 29).
7. Summary of Planning Board Action (p. 30).
8. Summary of Transportation Board (p. 31).
9. Fact Sheet (p. 32).
10. Reduced Plans (p. 35).
11. Statement of Justification (p. 41).
ATTACHMENT 1
Staff Report
SUBJECT: Public Hearing: Orange United Methodist Church –
Application for a Special Use Permit Modification (File No. 24..36 with
PIN # 9880-30-0704 and 24E.A.10 with PIN # 9880-30-2035)
DATE: January 23, 2002
INTRODUCTION
We have received and reviewed an application for a Special Use Permit Modification from the Orange United Methodist Church. The Church is located on the east side of Airport Road (NC Highway 86) across from the intersection of Homestead Road and Airport Road. The site is located in both Residential-1 (R-1) and Residential-2 (R-2) zoning districts. Approximately 5.08 acres are in the Residential-1 zoning district and 8.13 acres in the Residential-2 zoning district. Resource Conservation District comprises approximately four (4) acres of the eastern site. A thirty-foot (30’) OWASA sanitary sewer easement parallels the eastern property line. This proposed development is located along an identified Entranceway Corridor as designated by the 1988 Comprehensive Plan. NC 86/Airport Road is an Entranceway Corridor because of the high volume of traffic it conveys into Chapel Hill. The visual character of this major roadway corridor is an important component of community character. The site is identified as Chapel Hill Township Tax Map 24, Lot 36 and 24E.A.10 (PIN # 9880-30-0704 and PIN # 9880-30-2035).
The Special Use Permit Modification requests approval of an addition of 7,500 square feet of floor area for an education/preschool building and 2,400 square feet of floor area for a new community outreach addition. Associated parking areas and playing field improvements are proposed. The education/preschool building is proposed to be used for Sunday School and toddler and preschool programs. It is proposed to be a separate building attached to the existing fellowship hall and church offices by covered breezeways. The new community outreach addition is proposed to be connected to the existing log cabin by a covered porch.
Proposed activities in the community outreach addition are to include meetings for addiction recovery, space for community organizations (Girl and Boy Scouts, Spinal Cord and Head Injury Support Group, Service League) and an educational facility for church use. An expanded wastewater system is proposed for the log cabin addition. The existing septic tank has been approved for use by the Orange County Environmental Health Division with added drain field.
Parking areas are proposed to be expanded for 52 parking spaces with a gravel loop driveway to serve the traffic for the proposed parking areas. The sports field is currently used by the Church for overflow parking. With the proposed parking areas, it is believed that parking will no longer occur on the field. This area is planned for regrading and reseeding to create a smooth, well-drained recreational playing field.
BACKGROUND
1832 Orange United Methodist Church established at present site on approximately 8 acres.
1955 The church acquired 5-acre parcel from back portion of the cemetery down to Booker Creek for a total of 13.2 acres, the current size.
1987 Special Use Permit approval to expand the Fellowship Hall, church offices, parking, and play area.
December 4, 2000 Administrative Zoning Compliance Permit issued for improvements to the existing parking area, demolition plan, and tree protection area plan.
July 13, 2001 Application received for Special Use Permit Modification for construction of Education/Preschool Building, addition for Community Outreach log cabin, ballfield improvements, and additional parking areas.
This site was remote from the Town’s center in the 1800’s. One hundred and fifty years later it is on a major Entranceway Corridor. The rural character of the Church with its simple, architectural style and the presence of the log cabin and historic cemetery is a significant feature of the corridor.
EVALUATION
GENERAL
Existing Conditions: The 13.2-acre site is located at 1220 Airport Road (NC 86) on the east side of Airport Road, north of the Tar Heel Mobile Home Park and at the intersection of Homestead Road and Airport Road. The site contains approximately 4 acres in the Resource Conservation District associated with Booker Creek defining the eastern property line. Lake Ellen forms at the southeastern tip of the property. A natural spring exists in the floodplain at the southeastern end of the site. At the northeastern end of the site is a rock outcropping on the steepest slopes of the site. Most of the land cover is hardwoods, however damage from Hurricane Fran is evident by the young pine forests that are occurring in the forest openings left by fallen trees. A 30-foot OWASA easement exists on the property following the Resource Conservation District on the eastern edge of the property. A sewer line bisects the property north and south from the OWASA easement to the campus buildings. An historic cemetery surrounds the south and east sides of the sanctuary. The existing 4-building campus includes a fellowship hall, church offices, a sanctuary, and log cabin. A total of 19,131 square feet of floor area currently exist on the site. The cabin is at the southwest corner of the property at the end of the existing parking lot, about 200 feet from the closest building and has its own septic system and well. The current congregation is estimated at 700 and has three Sunday morning services. Parking spaces for 79 cars are provided with overflow parking currently occurring on the grassed playing field.
The site contains slopes from 1% to 20% with the steeper slopes occurring on the east-facing slope of Booker Creek. This area remains undisturbed and hardwoods cover the slopes. There are undeveloped neighborhood walking trails along the creek.
The area within the proposed construction limits drains to an existing well-defined drainage way through the woods behind the existing church. Curb and gutter are shown along the lower side of the proposed parking area with a curb inlet in the southwest corner. The remaining edges are outlined with the installation of timbered railroad ties.
Two playgrounds serve the existing enrollment of 125 children in the preschool. Both are located behind the fellowship hall. The existing fenced dumpster area is at the rear of the existing northwest parking area. The existing gravel lots are presently being paved in accordance with an approved Administrative Zoning Compliance Permit issued on December 4, 2000.
Development Description: This Special Use Permit Modification proposes construction of an educational/preschool building and community outreach addition for a total of 29,031 square feet of floor area proposed on the site. 2,400 square feet of floor area is proposed to be an addition to the community outreach cabin connected to the existing cabin with a covered porch. A separate building for Sunday School, and preschool and education facilities consisting of 7,500 square feet is proposed for the education/preschool building. It is planned to be connected to the existing campus buildings by two separate breezeways. A fenced playground is proposed for the length of the rear of the education/preschool building. An access path is shown on the eastern side of the building to serve the maintenance of the playground. It is accessed off the proposed paved drive. These two additions have separate construction limits as shown on the plans. The log cabin has its own well and septic system. The drain field is laid out behind the cabin on the east. Several pine trees are proposed to be retained between the cabin addition and the parking area. A built-up walkway is proposed to connect the cabin to the parking lot.
There are two points of access from Airport Road. The driveway at the traffic light on the northwest end of the site is two-way. The one at the southern edge of the property is one-way, in only. No changes are proposed to the site access.
There are several parking-related improvements that the applicant is proposing for the site. Additional parking area is proposed to eliminate overflow parking in the playing field. Few opportunities exist on the site for additional parking because of steep slopes, Resource Conservation District, and a historic cemetery. The proposed parking area has been divided into two areas connected by a loop road. A landscaped area with a Chapel Hill gravel walkway runs between the two areas for vehicle access and to reduce the vehicle/pedestrian interaction. The gravel drive serves the proposed parking areas by connecting them in a continuous loop. Each of the two areas contains twenty-six (26) parking spaces.
The applicant proposes to surface the parking spaces with either gravel, or pavers that allow grass to grow through openings in the pavers. The benefits of these porous pavers are:
· appearance of a lawn as grass matures;
· water quality (filtered effect); and
· runoff quantity reduction.
The parking spaces are proposed to be identified by the use of 6-inch timbers anchored to the ground as bumper stops. The location of the parking areas behind the Church and removed from Airport Road aids in reducing the visual impact of parking lots from the road.
The first section of the proposed drive will be paved with heavy-duty pavement to allow recycling and solid waste trucks and access and turn around area for the relocated dumpster area adjacent to the proposed drive. The remainder of the drive, consisting of drive aisles and a loop road, is to be gravel.
A sidewalk extension is shown along the proposed paved drive connecting the existing sidewalk to the proposed parking area. Where the sidewalk crosses the dumpster area, plans show the sidewalk turned down to allow for truck access. Covered sidewalks are proposed to connect the educational/preschool building with the church offices and fellowship hall.
A detention basin is proposed at the east end of the proposed parking area between the two parking lots. Concrete curb and gutter are proposed on the downhill side of the parking lots to funnel runoff to curb inlets. Stormwater is then piped to an existing outfall lined with riprap detention stone to follow natural drainage swales to Booker Creek.
There is no development proposed for areas identified as environmentally sensitive. Steep slopes, Resource Conservation District, floodplain, a natural spring, rock outcroppings, and natural drainage swales remain undisturbed.
The field is proposed to be used solely as a sports field. Ruts caused by cars parking on the soil will be leveled. Topsoil will be used to even the surface for positive drainage and then reseeded. The playing field is used by the Town of Chapel Hill as a part of the recreation program for young soccer players.
Intensity Standards: The proposed project meets the Development Ordinance standards for floor area, outdoor space, and livability space for the Residential-1 and Residential-2 zoning districts with associated Resource Conservation District. Places of worship are uses permitted in both Residential-1 and Residential-2 zoning districts for Use Group B. Cemetery use requires a Special Use Permit.
Setbacks are met with this proposal as are parking requirements and building heights.
TRANSPORTATION ISSUES
Access and Circulation: Vehicular access to the site is proposed from a designated left-turn lane off Airport Road heading south, a straight ahead lane on Homestead Road, and a right turn from Airport Road heading north. The driveway at the Homestead Road intersection provides for two-way traffic. An additional driveway at the southern end of the site offers ingress/egress. No changes are proposed to site access.
The internal vehicular circulation is threaded through existing parking lots to a proposed paved connection with heavy-duty pavement to a gravel drive aisle. Parking is proposed to occur off the drive aisles to a loop drive connecting the two separate lots. All proposed parking and drives are located out of the Resource Conservation District and off the steep slopes.
We note that there appears to be a section of the public sidewalk along Airport Road (NC 86) that encroaches onto the Church property. We recommend that the sidewalk located on the property’s NC 86 frontage be dedicated as public-right-of-way to ensure that the entire sidewalk along the property frontage is within the NC 86 right-of-way.
We have included a stipulation in Resolution A to this effect.
Parking: Based on the Development Ordinance, the minimum number of parking spaces required for a place of worship is one space per four seats in the sanctuary. Based on a 240-seat sanctuary, 60 spaces would be required. However, we note that additional activities occur on the site now or are proposed:
· day care
· preschool
· playfields
· outreach
· office space
· fellowship hall
Seventy-nine (79) spaces exist on the site and 52 additional spaces are proposed to handle overflow parking. Currently, overflow parking, estimated at fifty (50) cars, park on the sports field. The actual number of cars is not anticipated to increase as a result of the expanded parking and building additions. Instead cars are proposed to be parked in defined parking areas. The applicant indicates that the additional parking is proposed to be used only for Sunday overflow and special events. Total parking spaces proposed is one hundred and thirty one (131). We believe that this is a reasonable number given the variety of uses occurring on the site and that the overflow parking will be in a designated and improved lot. Overflow parking on the sports field will be eliminated.
A stipulation that up to 131 parking spaces may be provided on the site has been added to Resolution A.
Parking surfaces are proposed to be either of two surfaces, gravel or porous pavers with openings for grass. The drive aisles and driveway loop are proposed to be gravel. We believe the use of porous pavers for the surface of the parking spaces is reasonable. The proximity of steep slopes and Resource Conservation District to the proposed parking areas may pose a threat of increased erosion and sedimentation in Booker Creek and downstream in Lake Ellen. The grid paver system provides the opportunity for runoff to soak into the ground before flowing overland to the creek as well as slowing down the rate of soil erosion from unchecked runoff. Additionally, as the grass grows through the openings in the pavers, it will appear that the area is lawn and not a hardscape, blending in with the existing site.
A stipulation that either grid, porous pavers or gravel be used in the proposed parking lot subject to the discretion of the Church is included in Resolution A.
Bicycle Parking: There is no accommodation for bicycle parking on the site. The Design Manual requires that one bicycle space be provided for every 10 car spaces. With 131 spaces being proposed, 14 bicycle spaces are needed. We recommend that the applicant provide a covered bicycle rack, in a highly visible, well-illuminated area for 14 bicycles. The bike rack covering may include roof eaves of suitable dimensions.
A stipulation has been included in Resolution A requiring 14 covered and lit bicycle parking spaces be provided.
Traffic Impact: The applicant has requested an exemption from the Traffic Impact Analysis for this development based on the contention that the number of congregants and users will remain the same. We agree generally, and the applicant was granted an exemption from the requirement of providing a Traffic Impact Analysis as no impact is expected on the street network due to the proposed increase in trips.
Transportation Management Plan: We have recommended that a Transportation Management Plan be required for this proposal. We have included our standard stipulation requiring that prior to issuance of a Zoning Compliance Permit for any portion of the proposed non-residential uses, the applicant prepare, for approval by the Town Manger, a Transportation Management Plan.
Bus Stops: Existing Chapel Hill Transit provides bus service to Airport Road in both directions. There is a bus stop on the west side of Airport Road from the site. A crosswalk and pedestrian light signal is installed at the intersection of Homestead and Airport Road for pedestrian circulation. A bus stop on the east side of Airport Road about 600 feet from the site is not connected by sidewalk to the Church property.
LANDSCAPE AND ARCHITECTURAL ISSUES
Buffers and Landscaping: The Town’s Development Ordinance requires the following landscape buffers:
Location of Bufferyard |
Type of Buffer Required |
|
|
Eastern Border (North Forest Hills Neighborhood) |
Minimum of 20’ Type ‘C’ Buffer |
Northern Border (Residential-2, undeveloped) |
Minimum of 20’ Type ‘C’ Buffer |
Western Border (NC Hwy 86- Airport Road) |
Minimum of 30’ Type ‘D’ Buffer |
Southern Border (Tar Heel Mobile Home Park) |
Minimum of 20’ Type ‘C’ Buffer |
|
|
We note that all proposed buffers are appropriately shown according to the above chart.
The Tree Protection Plan includes parking lot shading. The shading proposed meets the Development Ordinance requirement for 35% shading of the parking surface at noon on August 21, the summer solstice, after the vegetation matures. The applicant proposes 45% parking lot shading.
We recommend that tree protection fencing be installed adjacent to the access and construction staging areas associated with the two proposed building additions. A stipulation to this effect has been included in Resolution A.
Proposed parking lot screening meets the Development Ordinance requirement for screening the parking lot from the public right-of-way. The residentially zoned properties located to the east of the property are proposed to be screened from the parking area by existing tree cover and the steepness of the topography. We believe that additional planting be installed east of the proposed new parking area facing the residential property as needed to enhance the existing landscape bufferyard, subject to Town Manager approval. Most of the existing trees are deciduous. Many trees fell during Hurricane Fran. Houses on the east are elevated above grade and oriented for views to Booker Creek and woods on the Orange United Methodist Church property. Large areas of glass and decks are part of the design of these homes. We believe additional parking lot screening would be appropriate along the back of the parking areas.
A stipulation requiring additional parking planting east of the proposed new parking area subject to approval by the Town Manager, is included in Resolution A.
Building Elevations: We recommend that building elevations be approved by the Community Design Commission, prior to issuance of a Zoning Compliance Permit. This recommendation is included in Resolution A.
Lighting Plan: We recommend that the detailed lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit. This recommendation is included in Resolution A. Special consideration of the adjacent residential area will be necessary.
ENVIRONMENTAL ISSUES
Watershed Protection District: This area is not in a critical or protected watershed district.
Resource Conservation District: As previously noted, approximately 4 acres of the site is located in the Resource Conservation District. There is no land disturbance proposed for this area.
Stormwater Management: We recommend that drainage from all new pervious surfaces be directed to the proposed detention basin, which should be designed to control the post-construction runoff rates of the 1-year and 50-year frequency, 24-hour duration/depth storm events so as not to exceed the existing conditions, and treat the first inch of rainfall to remove 85% total suspended solids. If the parking area is constructed of pervious material, we would recommend requiring that the drainage be directed into the basin.
We note that the stormwater detention basin will need to have maintenance access. We recommend that this access be shown on the plans prior to the issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.
We note that all engineered structures should have an Operations and Maintenance Plan as well. Owner responsibility must also be designated. We recommend that these structures be located with a “reserved storm drainage way easement” to be located on a plat and recorded as such. We have included this stipulation in Resolution A.
A Stormwater Management Plan must be approved prior to issuance of a Zoning Compliance Permit indicating detention and treatment facilities and design for all new impervious surfaces. The basin may be designed as wet or dry as long as provisions are made for water quality treatment.
A stipulation to this effect has been included in Resolution A.
Best Management Practices: A detention basin is proposed for the parking lot area to detain runoff from the parking areas. It is based on a 25-year storm event. The basin is designed to be 4 to 6 inches deep and lined with grass to create a basin of about 25 feet long and 15 feet wide. As noted above, we recommend that the basin be designed for the 1-year and 50-year frequency.
We believe the proposed parking lot material may be gravel or a porous pavement material, subject to the discretion of the Church. We recommend that a Maintenance Plan be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Erosion Control: We recommend that an Erosion Control Plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. This stipulation is included in Resolution A.
UTILITY AND SERVICE ISSUES
Utilities: Public water and sewer is proposed for most of the project. However, the existing cabin is currently served by an individual septic system. The application proposes that the cabin and addition to the cabin remain on the septic system. The Development Ordinance requires that all developments within the urban services area be served by a public water and sewer system wherever reasonably practicable. We recommend that, at the time of construction of the cabin addition, that the cabin and addition be connected to the OWASA system. Should this application be approved without this requirement, verification should be provided to show that the existing septic system and improvements at the Neighborhood Outreach Building meet the appropriate county and state standards.
We have included a stipulation to this effect in Resolution A.
We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, and the Town Manager prior to issuance of a Zoning Compliance Permit. A stipulation to this effect has been included in Resolution A
Fire Safety: We recommend that a fire flow report sealed by a professional engineer, which demonstrates compliance with Town standards, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. A stipulation to this effect has been included in Resolution A.
Sprinkler System: The Town requires any building over 6,000 square feet of floor area be equipped with an automatic sprinkler system. The education/preschool building will require sprinklers.
We recommend that the access road from the proposed driveway around to the back of the education/preschool building be paved in part to allow for the passage of emergency vehicles. We have included a stipulation in Resolution A to this effect.
Refuse Management: The dumpster/recycling area has been relocated to the south side of the proposed paved driveway. The pavement is proposed to be heavy-duty pavement for service vehicles and a concrete dumpster pad is to be provided for the dumpster.
We recommend that the angle of the proposed dumpster pad be adjusted to permit collection vehicles to turn around after servicing the dumpster. We recommend that a note be included on the plans indicating that once the proposed dumpster pad is laid out but prior to construction the applicant will contact The Town’s Solid Waste Superintendent. A stipulation has been included in Resolution A.
Recycling: A recycling area is proposed at the dumpster area with four recycling bins being provided. We note that occupants of this facility currently can use the public recyclables drop-off center located beside the Animal Shelter on Municipal Drive for the recycling of corrugated cardboard.
We note that Orange County Solid Waste intends to continue providing curbside recycling service to the Church, entering the site at the southern driveway off Airport Road and exiting out of the northern driveway.
OTHER ISSUES
Miscellaneous: We recommend that the applicant provide a public greenway easement dedicated to the Town over the OWASA sewer easement from the northern to the eastern property line.
We have included this as a stipulation in Resolution A.
We have also included a stipulation in Resolution A requiring that no open burning associated with this development shall be permitted.
SUMMARY
Special Use Permit 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 provision so Articles 12, 13, and 14 and with all other applicable regulations
(c) That the use or development is locate, 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 with 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.
CONCLUSION
Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable section of the Development Ordinance and Design Manual and that the proposal fulfills the purposes of the Comprehensive Plan.
Resolutions A, B, and C would approve the application with conditions.
Resolution D would deny the application the application.
Project Fact Sheet Requirement Check List of Regulations and Standards
ORANGE UNITED METHODIST CHURCH |
STAFF EVALUATION |
|
Compliance |
Non-Compliance |
|
Use Permitted |
Ö |
|
Min. Gross Land Area |
Ö |
|
Min. Lot Width |
Ö |
|
Max. Floor Area |
Ö
|
|
Min. Outdoor Space |
Ö
|
|
Min. Livability Space |
Ö |
|
Min. Recreation Space |
N/A |
|
Impervious Surface Limits |
N/A |
|
Min. # Parking Spaces |
Ö |
|
Min. # Loading Spaces |
N/A |
|
Max. # Dwelling Units |
N/A |
|
Min. Street Setback |
Ö |
|
Min. Interior Setback |
Ö |
|
Min. Solar Setback |
Ö |
|
Max. Height Limit |
Ö |
|
Min. Landscape Buffers |
Ö |
|
5-Foot Planting Strip Requirement |
Ö
|
|
Parking Lot Screening |
Ö (With recommended conditions) |
|
Parking Lot Shading Requirement |
Ö |
|
Public Water and Sewer |
Ö |
|
Underground Utility Lines |
Ö
|
|
N/A = Not Applicable Prepared: December 4, 2001
ATTACHMENT 2
RESOLUTION A
Manager’s Preliminary Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Swanson and Associates on property identified as Chapel Hill Township Tax Map 24, Lot 36, and PIN # 9880-30-0704, and Chapel Township Tax Map 24E, Block A, Lot 10, PIN # 9880-30-2035, if developed according to the site plan dated October 9, 2001, revised February 2, 2000 and May 15, 2000 and July 14, 2000 and June 28, 2001, 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 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 Town Council hereby approves the application for a Special Use Permit Modification for the Orange United Methodist Church in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by (ten years from the date of Council approval) and be completed by (twelve years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit Modification authorizes construction of a total of 9,900 square feet of additional floor area to include an addition to the log cabin and an education/preschool building.
3. Parking: That a maximum of 131 parking spaces shall be permitted on this site with standard parking dimensions.
Stipulations Related to Transportation Issues
4. Public Sidewalk: That the sidewalk located on the property’s NC 86 frontage shall be dedicated as public-right-of-way.
5. Bicycle Parking: That a minimum of 14 covered, illuminated and secure parking spaces shall be provided for bicycle parking spaces.
6. Town Standards: That all parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
7. Transportation Management Plan: That prior to issuance of a Zoning Compliance Permit the applicant prepare, for approval by the Town Manager, a Transportation Management Plan. The required components of the Transportation Management Plan shall include:
· Provision for designation of a Transportation Coordinator;
· Provisions for an annual Transportation survey and Annual Report to the Town Manager;
· Quantifiable traffic reduction goals and objectives;
· Ridesharing incentives; and
· Public transit incentives.
8. Bus Stop Bench: That a Town standard bench and concrete pad be provided at the existing bus stop on the Airport Road frontage.
Stipulations Related to Landscape and Architecture
9. Sidewalk Extension: That the applicant extend the existing sidewalk on the east side of Airport Road south to the property line.
10. 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:
Location of Bufferyard |
Type of Buffer Required |
|
|
Eastern Border (North Forest Neighborhood) |
Minimum of 20’ Type ‘C’ Buffer |
Northern Border (Residential-2, undeveloped) |
Minimum of 20’ Type ‘C’ Buffer |
Western Border (NC Hwy 86- Airport Road) |
Minimum of 30’ Type ‘D’ Buffer |
Southern Border (Tar Heel Mobile Home Park) |
Minimum of 20’ Type ‘C’ Buffer |
11. Fencing: That tree protection fencing be installed adjacent to the access and construction staging areas associated with the proposed construction.
12. Parking Planting: That additional evergreen plantings be installed east of the proposed new parking area as needed to enhance the existing landscape bufferyard, subject to Town Manager approval.
13. Building Elevations: Detailed Building Elevations shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
14. Lighting Plan: A detailed Lighting Plan shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Environmental Issues
15. Stormwater Detention: That the plans show the maintenance access for the stormwater detention basin prior to the issuance of a Zoning Compliance Permit.
16. Operations and Maintenance Plan: That all engineered structures have an Operations and Maintenance Plan with the Owner’s responsibility designated and that these structures shall be located with a “reserved storm drainage way easement” as located on the plat and recorded at the Orange County Register of Deeds. That the plat shall be recorded prior to issuance of a Zoning Compliance Permit
17. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for a maintenance of facilities and modification of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.
18. Erosion Control Bond: If more than one acre of land is disturbed, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities.
19. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on 1 and 50-year storms, the post-development stormwater run-off rate shall not exceed the pre-development rate.
20. Parking Lot Paving: That the proposed new parking lot may be gravel, as proposed, or a porous pavement material subject to the discretion of the Church. A maintenance plan shall be approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.
21. Public Water and Sewer: That the development shall be connected to the public water and sewer system.
22. Utility Plans: That detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service, and the Town Manager prior to issuance of a Zoning Compliance Permit.
23. Underground Utilities: That all utility lines, other than 3-phase electric power distribution lines, shall be placed underground.
24. Fire Flow: That a fire flow report prepared by a registered professional engineer be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
25. Sprinkler System: That the education/preschool building shall have a sprinkler system in accordance with Town Code.
26. Heavy-Duty Paving: That all drives aisles that provide access to the compactors, dumpsters or recycling facilities, be constructed with heavy-duty pavement.
27. Dumpster Pad: That the angle of the proposed dumpster pad be adjusted to permit collection vehicles to turn around after servicing the dumpster.
28. Contacting Solid Waste Superintendent: That a note be placed on the final plans indicating that once the proposed dumpster pad is laid out but prior to construction the applicant will contact the Town’s Solid Waste Superintendent.
Other Stipulations
29. Open Burning: That no open burning shall be permitted during construction of this development.
30. Building Elevations: That building elevations be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.
31. Lighting Plan: That a lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.
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.
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. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
35. 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 Building 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.
36. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
37. 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 the Orange United Methodist Church.
This the _____ day of _______________, 2002.
ATTACHMENT 3
RESOLUTION B
(Planning Board and Community Design Commission Recommendation)
A RESOLUTION APPROPVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Swanson and Associates on property identified as Chapel Hill Township Tax Map 24, Lot 36, and PIN # 9880-30-0704, and Chapel Township Tax Map 24E, Block A, Lot 10, PIN # 9880-30-2035, if developed according to the site plan dated October 9, 2001, revised February 2, 2000 and May 15, 2000 and July 14, 2000 and June 28, 2001, 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 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 Town Council hereby approves the application for a Special Use Permit Modification for the Orange United Methodist Church in accordance with the plans listed above and with the conditions listed below:
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 Stipulation: Remove stipulation #7.
3. Delete Stipulation: Remove stipulation # 8.
4. Delete Stipulation: Remove stipulation # 9.
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 the Orange United Methodist Church.
This the day of , 2002.
ATTACHMENT 4
RESOLUTION C
Transportation Board Recommendation
A RESOLUTION APPROPVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Swanson and Associates on property identified as Chapel Hill Township Tax Map 24, Lot 36, and PIN # 9880-30-0704, and Chapel Township Tax Map 24E, Block A, Lot 10, PIN # 9880-30-2035, if developed according to the site plan dated October 9, 2001, revised February 2, 2000 and May 15, 2000 and July 14, 2000 and June 28, 2001, 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 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 Town Council hereby approves the application for a Special Use Permit Modification for the Orange United Methodist Church in accordance with the plans listed above and with the conditions listed below:
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. Southern Driveway Restriction: That the southernmost driveway on Airport Road be restricted to one-way, in-only access with the use of signage.
3. Delete Stipulation: Remove stipulation # 12.
4. Delete Stipulation: Remove stipulation # 20.
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 the Orange United Methodist Church.
This the day of , 2002.
ATTACHMENT 5
RESOLUTION D
Denying the Application
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Swanson and Associates on property identified as Chapel Hill Township Tax Map 24, Lot 36, and PIN # 9880-30-0704, and Chapel Township Tax Map 24E, Block A, Lot 10, PIN # 9880-30-2035, if developed according to the site plan dated October 9, 2001, revised February 2, 2000 and May 15, 2000 and July 14, 2000 and June 28, 2001, 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.
BE IT FURTHER RESOLVED that the Council finds:
(INSERT REASONS FOR DENIAL)
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 the Orange United Methodist Church.
This the ____ day of ____________, 2002.
ATTACHMENT 6
RESOLUTION E
Determining Contiguous Property
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE ORANGE UNITED METHODIST CHURCH (2002-01-23/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 Orange United Methodist Church, 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 Modification application to be that property described as follows:
All properties within 500 feet of the site.
This the 23rd day of January, 2002.