AGENDA #9

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: The Orange United Methodist Church – Application for Special Use Permit Modification

DATE: February 11, 2002

INTRODUCTION

Tonight the Council continues the Public Hearing from January 23, 2002, regarding the Special Use Permit Modification application to authorize construction of an education/preschool building, a community-outreach addition, sports field improvements, and a parking area expansion. Adoption of Resolution A, B, C, or D would approve a Special Use Permit Modification application with conditions. Adoption of Resolution E 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 information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action.

¨ Attachments: Includes resolutions of approval and denial, comments on issues raised during the January 23Public Hearing, and a copy of the Public Hearing memorandum and its related attachments.

Background

On January 23, 2002, a Public Hearing was held for consideration of a Special Use Permit Modification application to authorize construction of an education/preschool building, a community-outreach addition, sports field improvements, and a parking area expansion. The site is located at 1220 Airport Road at the intersection of Homestead Road across from the future site of The Station at Homestead, an office/retail development. We note that on January 23, the Council determined that contiguous property would be defined as those properties that are within 500 feet this 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 Development Ordinance; we have presented a report to the Planning Board; and on January 23 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. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit Modification.

If, after consideration of the evidence submitted at the Public Hearing, 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.

Tonight, based on the evidence presently in the record thus far, we provide attachments containing the lengthy evidence in support and opposition of the four findings of facts for this application that the Council must consider for granting a Special Use Permit.

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.

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

Evidence in support: The applicant’s Statement of Justification (Attachment #10 pp.33-41) provides evidence in support of Finding #1. We note the following key points from the applicant’s Statement of Justification:

· “The proposed parking improvements will improve an existing condition. The existing use of the church and the current and projected parking needs require a certain amount of overflow parking space besides the existing gravel-defined parking areas. Churchgoers currently park on the grass/dirt playing fields. It is anticipated that by providing a defined overflow parking area, the playing fields can be improved to allow for the soccer program. The proposed improvements will also facilitate traffic circulation away from ingress and egress at the busy intersection. Traffic conditions in the vicinity will not be affected.” [Applicant Statement]

· “The plans proposed a relocated dumpster and recycling area, which will be less visible from the public’s view.” [Applicant Statement]

· “Minor grading will be associated with the proposed parking loop which will not impact the existing ball field and parking area. Storm drainage will be collected and detained as described in the attached Stormwater Management Plan. The proposed loop drive and parking area will be adjacent to the existing RCD, but will not impact it.” [Applicant Statement]

· “The church has a long-range plan for construction or additional space for church activities. The additional space at the hut will be used much like the current facility, for AA meetings, drug rehab programs, and community organization use, as well as an education facility for church use. The self-contained buildings allow for the possibility of offering space to the community while maintaining security within the major portion of the buildings. The new education wing will be used for Sunday School and church education/nursery programs, since new space is easily built for use as nurseries and existing space is not easily modified for this use. The added space will house programs for toddlers and preschool. There have been discussions about adult daycare rooms and activities.” [Applicant Statement]

Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #1 for this application at the Public Hearing.

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

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.

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

Evidence in support: The applicant’s Statement of Justification (part of Attachment #10, pp. 33-41) provides evidence in support of Finding #2. We note the following key points from the applicant’s Statement of Justification:

· “The proposed parking improvements will comply with all required regulations and standards to the above-referenced provisions. Note that this application is for a SUP modification of the existing SUP adopted in 1987-88. The original SUP approved expansion of parking and construction of the fellowship hall, offices, and play area. The proposed loop and parking area will therefore exceed the total disturbed area of the 1987-88 construction. The improvements, by themselves, would not require SUP modification, due to the size of the project. The existing ball fields will be improved as a result of the relocated parking area. The church has recently purchased an additional 5 acres in the rear of the property, adjacent to the Lake Ellen floodplain, for open space.” [Applicant Statement]

Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #2 for this application at the Public Hearing.

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

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;

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

Evidence in support: The applicant’s Statement of Justification (part of Attachment #10, pp. 33-41) provides evidence in support of Finding #3. We note the following key points from the applicant’s Statement of Justification:

· “The proposed parking improvements will maintain the value of the contiguous property. The church has been in this location for 150 years and has been a good neighbor to the community. The goal of this project is to provide safe and convenient parking for all activities, and to keep it low-key, blending it into the natural setting of the church grounds.” [Applicant Statement]

· “The actual number of cars will not increase as a result of the expanded parking; only the manner in which the cars are parked (a more organized and defined parking area). The parking area, being low-key, will be relatively screened from public view.” [Applicant Statement]

· “Additional proposed building space would be constructed in a manner to blend into the existing architecture and the neighborhood. The proposed addition of the education wing would strongly relate to the 1987 addition and would be located behind the existing building.” [Applicant Statement]

· “The expansion of the hut would blend in architecturally with the character of the hut and would be located behind the existing hut.” [Applicant Statement]

Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #3 for this application raised at the Public Hearing.

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

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.

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

Evidence in support: The applicant’s Statement of Justification (part of Attachment #10, pp. 33-41) provides evidence in support of Finding #4. We note the following key points from the applicant’s Statement of Justification:

· “The proposed parking area conforms to the general plans for the physical development of the town. The parking will be used only for Sunday overflow and special events, and is located toward the rear of the property, over 200 feet away from Airport Road (a major corridor). The RCD and buffer areas are respected. The ball fields will be preserved, allowing for increased recreational opportunities.” [Applicant Statement]

· The proposed buildings would conform to the general plans for the physical plan of the Town.” [Applicant Statement]

Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #4 for this application raised at the Public Hearing.

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

key issueS

At the January 23 Public Hearing two issues were identified relating to this development proposal. The issues are further discussed as follows:

Operations and Maintenance Plan: At the Public Hearing, a Council member asked if an Operations and Maintenance Plan was required for the stormwater facilities.

Staff Comment: A Stormwater Management Plan is required with this application. As part of that plan for this development, the applicant is asked to provide an Operations and Maintenance Plan for the engineered structures designed for stormwater management. The plan also calls for these structures to be located within a “reserved storm drainage way easement” that is to be located on a final plat and recorded at the Orange County Register of Deeds prior to the issuance of a Zoning Compliance Permit.

For clarification, we have expanded stipulation # 14 in Resolution A to reference an Operations and Maintenance Plan.

Width of the Resource Conservation District: At the Public Hearing, a Council member asked the width of the Resource Conservation District on this property and if the most recent draft of the Development Ordinance would change that width.

Staff Comment: The width of the Resource Conservation District as shown on the plans and used in calculations on the Project Fact Sheet for this site is 100 feet. This width has been determined based on the area of the drainage basin of Booker Creek upstream from the site. Where the drainage area is equal to or greater than one square mile, a 100 foot stream buffer is required. Where the drainage area is less than one square mile, a 75 foot buffer is required. Booker Creek has its beginning near the Green tract, over a mile from the Orange United Methodist Church site.

The Chapel Hill Development Ordinance is currently under review. Changes in the Resource Conservation District are described below. Determination of the width (edge of streambank landward) of the Resource Conservation District is not proposed to change from the existing Development Ordinance. However, changes are proposed within the Resource Conservation District. Currently, there are a select number of uses permitted within the entirety of the Resource Conservation District. Proposed changes are anticipated to describe three new distinct buffer zones within the width of the Resource Conservation District. As the proximity to the stream increases, uses would become more restricted. None of the Resource Conservation District changes currently proposed in the second draft of the revised Development Ordinance would affect the development proposed on this site.

Recommendations

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

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 include 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.

Comment: Resolutions A and B, include all the above recommendations 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. Resolutions A and B include the recommendations from the Design Commission. Please see the attached Summary of Community Design Commission Action.

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 Revised Recommendation, Resolution A, on one issue:

Resolution C would restrict access to one-way, in only at the church’s southern-most entrance.

Comment: We have not included the Transportation Board recommendation to restrict access at the southern-most driveway on Airport Road in Resolution A because we do not believe that restriction is necessary at the southern-most 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 southern-most driveway is important, we recommend that the turning movement restriction be provided with a traffic diverter designed to discourage left turns. 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 diverter designed to discourage left turns. The design shall be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

Please see the attached Transportation Board Summary of Action.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this development proposal on January 22, 2002 and voted 6-0 to recommend the adoption of Resolution D. Resolution D differs from the Manager’s Revised Recommendation, Resolution A, on four issues. One of the recommendations is part of the Manager’s Revised Recommendation, Resolution A. Resolution D includes the following five recommendations of the Board:

Board Recommendation: Raised crosswalks should be provided wherever pedestrian walkways cross vehicular traffic within the property to provide safe pedestrian passage from the external sidewalk and parking areas to the church facilities.

Comment: We have included a modified version of this recommendation in Resolution A, the Manager’s Revised Recommendation. We have modified the stipulation to include a requirement that the crosswalks be striped along the outer edges of the raised portion to visually separate the edge of the crosswalk from the rest of the parking area. Raised crosswalks would aid in specifying where pedestrians should cross parking areas to be safest for avoiding vehicle interference. The increasing number of program offerings to the community and the use of the premises by young children and their parents as well as the potential for older citizens to attend adult day care programs in the future creates the need for highlighting pedestrian movement areas from vehicle movements as much as possible.

Board Recommendation: Sidewalks should be provided on both sides of each vehicular entrance leading into the site, allowing safe pedestrian traffic from the public sidewalk to the church facilities.

Comment: We have not included this recommendation in Resolution A. We believe that having one side of the vehicular entrances for pedestrian traffic is sufficient.

Board Recommendation: The applicant shall install a pedestrian median on Airport Road to provide safe passage for pedestrians crossing to and from the project site. The property owner shall design a pedestrian median and obtain a cost estimate for the improvements prior to issuance of a Zoning Compliance Permit. If approval for the improvements is not obtained from NCDOT prior to issuance of a Zoning Compliance Permit, the property owner shall provide a payment-in-lieu equal to the estimated cost of the improvements. The payment-in-lieu will be refunded five years after the issuance of the Special Use Permit Modification, at the applicant’s request, if NCDOT approval is not obtained.

Comment: We have not included this recommendation in Resolution A. We do not believe that it is desirable to encourage mid-block pedestrian crossings of Airport Road. We believe that the pedestrian-activated crosswalk signal on Airport Road is the preferred location for safe crossing at the Homestead Road and Airport Road intersection. Pedestrians should be encouraged to cross Airport Road at the traffic signal.

Board Recommendation: Shower and locker facilities should be part of the office and/or preschool components of the projects.

Comment: We have not included this recommendation in Resolution A. There are five persons involved as office personnel with the Church. Preschoolers are typically between the ages of 2 to 5. Children at this age do not normally take showers or baths at school. A total of seventeen preschool teachers work staggered days depending on the type of preschool class taught.

Board Recommendation: A greenway easement should be dedicated along Booker Creek on the eastern edge of the property.

Comment: We have not included this recommendation in Resolution A for the following reasons:

Ø The Greenways Commission reviewed this proposal on November 28, 2001. They did not recommend inclusion of a greenway easement at this location because the Greenway Master Plan does not show this area along Booker Creek as part of the Master Plan. If developed as a greenway, it would not connect to any existing greenway but would exist in isolation without a destination.

Ø The applicant believes that potential damage may be done to the historic cemetery by trespassers using the church property as a cut-through to Airport Road or Homestead Park.

Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Manager’s Revised Recommendation: Based on the information in the record to date, we believe that the Council could make the four findings required to approve the Special Use Permit Modification.

We recommend that the Council adopt Resolution A, approving the application with conditions. Resolution A has been revised to include the following recommendation of the Bicycle and Pedestrian Advisory Board for internal sidewalks with the addition of striping:

· That the applicant shall install raised, internal, striped crosswalks, wherever pedestrian walkways cross vehicular traffic within the property from the external sidewalk and parking areas to the church facilities with the locations approved by the Town Manager (stipulation #5).

Resolution B would approve the application as recommended by the Planning Board and the Community Design Commission.

Resolution C would approve the application as recommended by the Transportation Board.

Resolution D would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.

Resolution E would deny the application.

THE ORANGE UNITED METHODIST CHURCH SPECIAL USE PERMIT MODIFICATION

DIFFERENCES BETWEEN 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

Dedication of Airport Road ROW (dedication anticipated as negotiated by NCDOT)

Yes

Additional evergreen plantings along eastern property line to supplement existing vegetation as needed

Yes

Parking lot may be gravel or porous material, to be determined by the Church

Yes

Require Transportation Management Plan

Yes

Extend sidewalk on Airport Road south to the property line

Yes

Southern driveway on Airport Road

No changes recommended

Signed as one-way, entrance only

Bench required to be added to existing Airport Road bus stop

Yes

Shower and locker facilities in building

Yes

Raised crosswalks from public sidewalk and parking areas to church facilities where pedestrian walkways cross vehicular traffic

Yes

(with striping)

Yes

(no striping required)

Sidewalks on both sides of entrance drives

Yes

Pedestrian median on Airport Road (approved by NCDOT) or payment-in-lieu

Yes

Greenway easement dedicated along Booker Creek

Yes

*Issue was not discussed at this particular advisory board meeting

Attachments

1. Summary of Community Design Commission Action (p. 23)

2. Summary of Bicycle and Pedestrian Advisory Board Action (p. 24).

January 23, 2002 Public Hearing and Related Attachments (begin new page 1)

RESOLUTION A

(Manager’s Revised Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH (2002-02-11/R-10a)

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 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 February 11, 2012 (ten years from the date of Council approval) and be completed by February 11, 2014 (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 for a total of 29,031 square feet of floor area.

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. Raised Sidewalks: Internal, striped crosswalks shall be provided wherever pedestrian walkways cross vehicular traffic within the property from the external sidewalk and parking areas to the church facilities with locations approved by the Town Manager.

6. Bicycle Parking: That a minimum of 14 covered, illuminated and secure parking spaces shall be provided for bicycle parking spaces in accordance with the guidelines in the Design Manual.

7. Town Standards: That all parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.

Stipulations Related to Landscape and Architecture

8. 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

9. Fencing: That tree protection fencing be installed adjacent to the access and construction staging areas associated with the proposed construction.

10. Parking Planting: That additional planting be installed east of the proposed new parking area as needed to enhance the existing landscape bufferyard, subject to Town Manager approval.

11. Building Elevations: Detailed Building Elevations shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

12. 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

13. Stormwater Detention: That the plans show the maintenance access for the stormwater detention basin prior to the issuance of a Zoning Compliance Permit.

14. Stormwater Management Plan: That a Stormwater Management Plan including an operations and maintenance component, 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.

15. 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.

16. 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.

17. 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.

Stipulations related to Utility and Service Issues

18. Public Water and Sewer: That the development shall be connected to the public water and sewer system.

19. 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.

20. Underground Utilities: That all utility lines, other than 3-phase electric power distribution lines, shall be placed underground.

21. 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.

22. Sprinkler System: That the education/preschool building shall have a sprinkler system in accordance with Town Code.

23. Heavy-Duty Paving: That all drive aisles that provide access to the compactors, dumpsters or recycling facilities, be constructed with heavy-duty pavement.

24. Dumpster Pad: That the angle of the proposed dumpster pad be adjusted to permit collection vehicles to turn around after servicing the dumpster.

25. 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

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

27. Building Elevations: That building elevations be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.

28. Lighting Plan: That a lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.

29. 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.

30. 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.

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

32. 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.

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

34. 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 11th day of February, 2002.

RESOLUTION B

(Planning Board and Community

Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH (2002-02-11/R-10b)

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.

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.

5. Delete Stipulation: Remove stipulation # 10.

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 11th day of February ,2002.

RESOLUTION C

(Transportation Board

Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH (2002-02-11/R-10c)

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:

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 Stipulation: Remove stipulation # 13.

Delete Stipulation: Remove stipulation # 21.

New Stipulation: That the southern-most driveway be restricted to in-only with signage.

RESOLUTION D

(Bicycle and Pedestrian

Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH (2002-02-11/R-10d)

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 Hill 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.

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

Shower and Locker Facilities: That shower and locker facilities shall be part of the office and/or preschool components of the project and installed as part of the new building expansion.

Greenway Easement: That a greenway easement shall be dedicated along Booker Creek on the eastern edge of the property subject to Town Manager approval.

Pedestrian Median on Airport Road: That the applicant shall install a pedestrian median on Airport Road for pedestrians crossing with the traffic light at the intersection of Airport Road and Homestead Road across from the development site. Prior to the issuance of a Zoning Compliance Permit, the design of the median and a cost estimate shall both be approved by NCDOT and the Town Manager. If NCDOT does not approve the improvement, the applicant shall make a payment-in-lieu equal to the estimated cost as approved by the Town Manager. The payment-in-lieu shall be refunded five years after the issuance of the Special Use Permit Modification at the applicant’s request.

Entrance Driveway Sidewalks: Sidewalks shall be provided on both side of each vehicular entrance leading into the site.

Southern Sidewalk Extension: That the sidewalk on Airport Road should be extended south to the edge of the property line.

Delete Stipulation: Remove stipulation #7.

Delete Stipulation Remove stipulation #8.

Delete Stipulation: Remove stipulation #12.

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 11^th day of February, 2002.

RESOLUTION E

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE ORANGE UNITED METHODIST CHURCH (2002-02-11/R-10e)

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 Hill 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:

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

1. 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;

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

3. 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 11th day of February, 2002.