MEMORANDUM. The Arc Orange Apartments at Meadowmont, 150 West Barbee Chapel Road: Application for Special Use Permit (Case )

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1 MEMORANDUM TO: FROM: SUBJECT: DATE: Chapel Hill Planning Board Chapel Hill Transportation Board Chapel Hill Bicycle and Pedestrian Advisory Board Chapel Hill Community Design Commission Gene Poveromo, Planning Manager Phil Mason, Principal Planner The Arc Orange Apartments at Meadowmont, 150 West Barbee Chapel Road: Application for Special Use Permit (Case ) August 21, 2012 (Planning Board) August 23, 2012 (Transportation Board) August 28, 2012 (Bicycle and Pedestrian Advisory Board) September 26, 2012 (Community Design Commission) PURPOSE The attached staff report includes background information on a Special Use Permit application proposed jointly by The Arc of Orange County and The Arc of North Carolina for the proposed Arc Orange Apartments at Meadowmont. The application proposes a 2-story, 5,393 square-foot multi-family development with 6 affordable dwelling units for persons with intellectual and developmental disabilities and parking for 8 vehicles. The 0.72-acre site (gross land area) is located in the northeast quadrant of Weaver Mine Trail and W. Barbee Chapel Road, immediately west of Meadowmont Village Center and is identified as Orange County Parcel Identifier The Special Use Permit application is accompanied by a Master Land Use Plan Modification application, which proposes to change the use authorized by the 1995 Master Land Use Plan from civic to multi-family residential and open space, on the southern and northern parts of the larger 1.2-acre site respectively. The Meadowmont development and Master Land Use Plan were originally approved in Please see the attached staff report for additional details. The Planning Board, Transportation Board, Bicycle and Pedestrian Advisory Board, and Community Design Commission are asked to make recommendations to the Council on these applications. A public hearing has been tentatively scheduled for October 15, RECOMMENDATION Staff Recommendation: We recommend that the Planning Board, Transportation Board, Bicycle and Pedestrian Advisory Board, and Community Design Commission recommend Resolution A, approving the Special Use Permit application with conditions.

2 - 2 - Resolution B would deny the Special Use Permit. ATTACHMENTS Staff Report Resolution A (approving the Special Use Permit application) Resolution B (denying the Special Use Permit application) Applicant s Materials, Including MLUP and SUP Planset Applicant s Response to Council and Community Design Commission Concept Plan Comments Traffic Impact Analysis Exemption Area Map

3 STAFF REPORT SUBJECT: The Arc Orange Apartments at Meadowmont, 150 West Barbee Chapel Road: Applications for Master Land Use Plan Modification and Special Use Permit (Case ) DATE: August 21, 2012 INTRODUCTION Attached for consideration are Master Land Use Plan Modification and Special Use Permit applications, related to the Meadowmont development, proposed jointly by The Arc of Orange County and The Arc of North Carolina for the proposed Arc Orange Apartments at Meadowmont. The 1.2-acre (gross land area) lot 12 is located in the northeast quadrant of Weaver Mine Trail and West Barbee Chapel Road, immediately west of Meadowmont Village Center. The Master Land Use Plan Modification application proposes to change the use authorized by the 1995 Master Land Use Plan from civic to multi-family residential and open space. The accompanying Special Use Permit application pertains to the southern 0.72-acre (gross land area) portion of the lot and proposes a 2-story, 5,393 square foot multi-family development with 6 affordable dwelling units for persons with intellectual and developmental disabilities and parking for 8 vehicles. The site is located in the Residential-5-Conditional (R-5-C) zoning district, with Orange County Parcel Identifier Number Recommendations for both the Master Land Use Plan Modification and Special Use Permit applications are discussed in this memorandum. BACKGROUND - MASTER LAND USE PLAN AND MODIFICATIONS October 23, 1995 March 22, 1999 October 9, 2006 February 27, 2012 Town Council approved the Meadowmont Master Land Use Plan for the 435-acre site. The approved Master Land Use Plan authorized 1,298 dwelling units and 785,100 square feet of non-residential floor area. The subject site for this Master Land Use Plan Modification and was designated for civic use. The Town Manager approved a minor modification to the Meadowmont Master Land Use. The modification floor area and uses resulted in reducing overall trip generation numbers. Town Council approved a modification, to the 1999 Meadowmont Master Land Use Plan Modification, for the 76,000 square-foot Castalia Mixed- Use Development including office and residential uses. Town Council approved a modification, to the 1999 Meadowmont Master

4 Land Use Plan Modification, for the 15,000 square-foot Hultquist IP Office building including office and clinic uses. None of the Master Land Use Plan Modifications specifically impacted Lot12, the subject of this application. RELATIONSHIP - MASTER LAND USE PLAN AND SPECIAL USE PERMIT The Master Land Use Plan process is intended to provide a procedure which can relate the general type, design, and layout of various proposed uses to a particular site. It is meant to provide the basis for more detailed development plans subsequently reviewed through the Special Use Permit process. Typically, following approval of the Master Land Use Plan, a Special Use Permit application is submitted with each phase of site development. Once a Master Land Use Plan has been approved, no Special Use Permit application shall be approved unless it is found to be consistent with the Master Land Use Plan. It is also required that action be taken on the Master Land Use Plan Modification application prior to action on the Special Use Permit application. With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to the approval of the Permit. A rebuttable presumption is established that three of the four findings can be made. The Council must only make the finding that the proposed development complies with all applicable sections of the Land Use Management Ordinance. For discussion of the findings that must be made prior to approval of these applications, please see the findings section later in this report. PROPOSAL - MASTER LAND USE PLAN MODIFICATION The 1995 Master Land Use Plan authorized the 1.2-acre lot 12 for civic use. The Master Land Use Plan Modification application pertains to all of lot 12 and proposes to change the uses from civic to multi-family residential and open space. Lot 12 is proposed to be divided in two, according to the proposed uses, as follows: Lot 12C A Special Use Permit application proposing multi-family residential use pertains to this southern 0.72-acre lot. This lot will be deeded to The Arc of Orange County by East-West Partners for the purpose of their development proposal; and Lot 12D Proposed open space that will be deeded to the Meadowmont Homeowners Association for this use. Please refer to the applicant s attached Statement of Justification for further comparison discussion of the consistency between the proposed development and the approved Master Land Use Plan.

5 SPECIAL USE PERMIT - EXISTING CONDITIONS Site Description Address 150 West Barbee Chapel Road. Location Description The site is located in the northeast quadrant of Weaver Mine Trail and W. Barbee Chapel Road, immediately west of Meadowmont Village Center. Orange County PIN The Orange County Parcel Identifier Number is Property Description The Master Land Use Plan Modification application pertains to all of the 1.2-acre lot 12. The Special Use Permit application pertains to southern 0.72-acre lot 12C, where the multi-family development is proposed. The 0.49-acre lot 12D, to the north, is proposed for dedication to the Meadowmont Homeowners Association. Road Frontages Weaver Mine Trail and West Barbee Chapel Road. Site Access None existing. Zoning Residential-5-Conditional (R-5-C) and Watershed Protection District overlay zoning district. Site Conditions Structures None, currently vacant. Vegetation Mixed wooded and open ground, mostly medium size oak trees. No significant tree stands on site. Access No existing access. Impervious Surface No existing impervious surface on site. Resource Conservation District No Resource Conservation District on site. Jordan Riparian Buffer No Jordan Buffer Riparian Buffer on site. Wetlands No wetlands on site. Steep Slopes No steep slopes on site. Average grade of 7.5% downward grade from the northwest to the southeast. Off-Site Conditions Infrastructure Utility Easements Utilities Transit Service Recreation Facilities West Barbee Chapel Road and Weaver Mine Trail are convenient to site and do not require any improvements. West Barbee Chapel Road: 3 lane collector street, with 2 travel lanes, center turn lane, bike lanes, curb & gutter, and sidewalks. Weaver Mine Trail: 2 lane local street with curb and gutter and sidewalks. Six-foot wide cable-tv and utility easement wraps around site frontage. Water and sewer mains are available to serve site. There is an existing fire hydrant on the West Barbee Chapel Road frontage. Existing westbound bus stop on site frontage for the V route with weekday and limited weekend service. Existing Meadowmont Greenway Trail adjacent to development site accessible from sidewalk.

6 Surroundings Development Pattern East North South West Meadowmont mixed use, Master-planned community with nearby single-family homes, townhomes and the Village Center. Meadowmont Greenway Trail, zoned R-5-C. A single-family home and Meadowmont Homeowners Association Open Space, zoned R-5-C. West Barbee Chapel Road public right-of-way. Weaver Mine Trail public right-of-way. EVALUATION The Town staff has reviewed these applications for compliance with the standards of the Town s Comprehensive Plan, the Land Use Management Ordinance, and Design Manual, based on standards for the zoning district and the Meadowmont Master Land Use Plan. We offer the following evaluation: Land Use Management Ordinance: Zoning/Uses: The property is zoned Residential-5-Conditional (R-5-C), and is encumbered by the Meadowmont Master Land Use Plan. The proposed uses are a 2-story multi-family residential structure, associated with the Special Use Permit application, and open space to be deeded to the Meadowmont Homeowners Association. Setbacks: Landscape buffers are not required on property lines internal to the master planned Meadowmont site. However, the applicant is proposing 20-foot setbacks on the two street frontages, a 25-foot setback to the east along the greenway trail, and a 125-foot setback to the northern property line. Height: Primary height limitations do not apply on lots internal to the master planned Meadowmont site. The applicable secondary height limitations in Land Use Management Ordinance are 60 feet. The proposed secondary height is 33 feet, which is in compliance with the ordinance. Affordable Housing: The applicant is proposing 100% of the 6 dwelling units affordable to persons with income at or below 50% of the median income for Orange County though not required to do so. The project proposes to create rental housing and therefore is not subject to the Town s Inclusionary Zoning Ordinance requirements. Furthermore, the project is not proposing a rezoning and is therefore not subject to the Town Council s policy for rezoning applications, which calls for 15% affordable housing for projects with 5 dwelling units or more. Consistency with Meadowmont Approvals Meadowmont Master Land Use Plan: The development site was authorized by the Master Land Use Plan for 10,000 square feet of civic use. The applicant is proposing to subdivide the site into two parts: The northern part is proposed to be dedicated to Meadowmont Homeowner s Association as open space use; the southern part is proposed as The Arc Orange Apartments multi-family residential use. The applicant is therefore requesting a modification to the

7 Meadowmont Master Land Use Plan to change the authorized use from civic to multi-family residential and open space. We believe that modifying the Master Land Use Plan to change the uses on lot 12 is consistent with the overall plan and mix of uses for the site. We recommend adoption of Resolution A, approving the Master Land Use Plan Modification application with conditions. The adjusted floor area authorized by the Master Land Use Plan for the development site is 5,400 square feet. The applicant is proposing 5,393 square feet of floor area, in compliance with the authorized floor area. Comparison with Concept Plans 10/19/2010 CDC Concept Plan 1/18/2012 Council Concept Plan Special Use Permit application Floor Area (s.f.) 5,364 5,364 5,393 Dwelling Units Impervious Surface Area (s.f.) 7,760 7,760 8,179 Buildings Parking spaces Vehicular Access 1 Point on Weaver Mine Trail 1 Point on Weaver Mine Trail 1 Point on Weaver Mine Trail Access and Circulation Relation to Transportation Infrastructure: The development proposal has frontage on both West Barbee Chapel Road and Weaver Mine Trail which do not require any improvements. Access to site is proposed from Weaver Mine Trail. Traffic Impact: The application anticipates daily weekday trips to be generated by the proposed site. The requirement for a Traffic Impact Analysis (TIA) was waived for this project, as a comprehensive TIA was submitted and approved in previous Meadowmont development approvals. The TIA exemption letter is attached to this report. Pedestrian Access / Crosswalks: Pedestrian access is proposed via existing sidewalks around the site and proposed sidewalks internal to the site. Proposed sidewalks connecting the site to the existing infrastructure include one connection on the Weaver Mine Trail frontage and two on West Barbee Chapel Road. Additionally, the Meadowmont Greenway Trail is a short distance to the east including a crosswalk on Barbee Chapel Road. Vehicular Parking: The minimum number of required vehicular parking spaces is 7; the maximum number of permitted spaces is 9. The applicant is proposing 8 parking spaces, including 2 handicapped spaces. One van accessible space and 1 standard handicapped space is required, and 2 van-accessible handicapped parking spaces are proposed. We have included a stipulation in Resolution A with detailed requirements.

8 Bicycle Parking: The applicant is proposing 12 bicycle parking spaces including 6 outdoor Class I spaces, on the north end of the building, and 6 indoor Class II spaces. The Land Use Management Ordinance requires 5 indoor Class I parking spaces and 1 outdoor Class II parking space for the 6 dwelling unit project. The application proposes to comply with the 2010 Association of Pedestrian and Bicycle Professionals Guidelines and Section 4.11 of the Town Design Manual. We have included a stipulation to this effect in Resolution A. Parking Required Parking Proposed Parking Vehicular Parking 7 Min / 9 Max 8 Handicapped Parking 2 Min 2 Bicycle Parking 6 Min (5 Class I / 1 Class II) 12 (6 Class I / 6 Class II) Bus Stop Improvements: Because the Meadowmont Infrastructure approval required transit related improvements, the applicant is not proposing any additional improvements to the transit infrastructure. We do not recommend additional improvements. Landscape, Public Art, Elevations and Recreation Landscape Buffers: Landscape buffers are not required on property lines internal to the master planned Meadowmont site. However the applicant is proposing landscaping around the perimeter of the building and additional screening around the parking area. Landscape Protection, Screening and Shading Plan: We have included our standard stipulation for approval of a Landscape Plan, including screening of parking areas and buildings, as well as a maintenance schedule and shading plan. The requisite parking lot shading will be achieved by the parking lot landscaping. We have included a stipulation to this effect in Resolution A. Significant Trees and Tree Protection Plan: There are 9 significant trees on the site, 5 of which the applicant proposes to remove to construct the development. The applicant is proposing to remove 9 trees total, one of which is dead. New trees are proposed as part of the Landscape Plan. Canopy Trees: The applicant has provided a landscape plan that proposes canopy tree replacement to meet the Town s requirement for 40% canopy tree coverage to comply with the Town s Tree Ordinance, shown on Plan Sheet S4. We have included a stipulation in Resolution A with detailed requirements. Public Art: The applicant is proposing a public art installation and is discussing design proposals with the Town Public Arts Office. Prior to the issuance of a Certificate of Occupancy, we recommend that artwork displays be completed. We have included a stipulation in Resolution A with detailed requirements. Building Elevation, Lighting, and Landscaping Plans: The ordinance requires that detailed building elevations and lighting plans be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation in Resolution A with detailed requirements. Recreation: Meadowmont includes recreation facilities, including a greenway trail for walking

9 and cycling. The recreation space requirement has been satisfied as part of the overall Master Plan. Environmental Watershed Protection District: This property is within the Watershed Protection District. Impervious surface restrictions have been met in the approval of the overall Meadowmont Development. We recommend that prior to issuance of a Zoning Compliance Permit, the applicant provide an updated tally sheet showing current impervious surface coverage as compared to impervious surface area approved. We have included a stipulation to this effect in Resolution A. Land Disturbance: The applicant is proposing to disturb a total of 18,356 square feet (58.5%) of the 31,385 square feet of gross land area. Impervious Surface: High Density Option (up to 50% impervious) within Meadowmont Mixed Use Development is subject to Meadowmont site-specific allocation scheme approved as part of the Master Land Use Plan. Detention ponds are located throughout Meadowmont for stormwater management. The site is currently vegetated with trees and grassed areas. The application proposes 8,179 (26%) square feet of impervious surface. This amount of impervious surface falls below the 12,197 square-foot (38.9%) allocation of for the site. Land Area / Proposed Development Square Feet Acres Percentage of GLA Gross Land Area (GLA) 31, % Proposed Land Disturbance 18, % Proposed Impervious Surface 8, % Stormwater Management: The Meadowmont Master Land Use Plan required installation of a series of retention ponds to mitigate stormwater runoff of the entire Meadowmont development. This site drains to Pond 1B to the south. The submitted Stormwater Impact Statement indicates that the rate and volume of the proposed post-development discharge will be no higher than the existing pre-development rate and volume of discharge. We have included our standard stormwater stipulations in Resolution A with detailed requirements. Energy Management: The applicant has provided an Energy Management Plan (EMP) to address the Town s energy policy for rezoning applications, which recommends that buildings be designed to a minimum of 20 percent more energy efficient than the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE). This application is not subject to the policy. We encourage the applicant to submit a more detailed Energy Management Plan for review and approval prior to issuance of a Zoning Compliance Permit. We recommend that the detailed EMP include a revised EMP framework and pre-construction energy models to

10 demonstrate the anticipated energy efficiency as compared to base building. We have included energy management and efficiency stipulations in Resolution A with detailed requirements. Utilities and Services: Solid Waste / Refuse Management Plan: Refuse and recycling facilities are proposed near the eastern edge of the proposed parking lot, including refuse containers and recycling carts. Refuse and recycling collection services are proposed to be provided by the Town of Chapel Hill and Orange Community Recycling respectively. The applicant has submitted a Solid Waste Management Plan. We have included stipulations in Resolution A with detailed requirements. Utility Plans: The necessary utilities exist adjacent to the site. Sewer Line Construction: Prior to issuance of a Zoning Compliance, Permit we recommend all plans be approved by OWASA and the Town Manager. We have included stipulations in Resolution A with detailed requirements. Additional Stipulations in Resolution A (see resolution for detailed requirements): Accessibility Requirements Erosion Control Lighting Plan Power Lines Fire Schools Adequate Public Facilities Ordinance Prior to issuance of the first Certificate of Occupancy in the phase for which the improvements are required, the applicant shall provide the minimum required handicapped facilities and infrastructure required Americans with Disabilities codes and standards. Prior to final authorization to begin land-disturbing activities the applicant shall be required to provide a performance guarantee in accordance with Section Bonds of the Town Code of Ordinances when one (1) acre or more is uncovered by land-disturbing activities. Prior to approval of a Zoning Compliance Permit, the applicant shall provide a copy of the approved erosion and sediment control permit from Orange County Erosion Control Division. Prior to the issuance of a Zoning Compliance Permit the applicant shall submit lighting plan to comply with Section 5.11 of the Land Use Management Ordinance. Prior to the issuance of a Certificate of Occupancy, all proposed or relocated utility lines other then 3-phase electric power distribution lines shall be located underground. Prior to the issuance of a Zoning Compliance Permit, that the applicant shall provide fire safety plans, including fire equipment access during and after construction, hydrant and FDC locations, fire flow, automated sprinkler systems, to be approved by the Town Manager. The proposed development is subject to the provisions of the Schools Adequate Public Facilities Ordinance.

11 Final Plat Construction Plan Management Traffic and Pedestrian Control Plan Community Design Commission Approval That prior to issuance of a Zoning Compliance Permit a Final Plat shall be recorded creating two lots from the parent lot 12, subject to Town Manager review and approval. Prior to issuance of a Zoning Compliance Permit, a Construction Management Plan, including Noise Ordinance compliance, shall be approved by the Town Manager. Prior to the issuance of a Zoning Compliance Permit the applicant shall provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. Prior to issuance of a Zoning Compliance Permit the applicant must obtain Community Design Commission approval of building elevations, lighting, and HVAC units and screening. REQUIRED FINDINGS Master Land Use Plan Modification Findings: For approval of a Master Land Use Plan Modification, the Land Use Management Ordinance requires that the Council make the following findings: 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; 2. 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; and 3. That the use or development conforms with the general plans for the physical development of the Town as embodied in the Comprehensive Plan. Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these three findings of the Land Use Management Ordinance and the Comprehensive Plan, can be made to modify the Meadowmont Master Land Use Plan. Special Use Permit Findings: In a typical Special Use Permit proceeding, the burden is on the applicant to present a case, demonstrating why the Council should make the four findings required for approval of a Special Use Permit. With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to the approval of the Permit. A rebuttable presumption is established that three of the four findings can be made. The Council must only make the finding that the proposed development complies with all applicable sections of the Land Use Management Ordinance. Upon review of the application and information that has been submitted to date, our preliminary recommendation is that the Council can find that the proposed Special Use Permit:

12 1. Complies with all required regulations and standards of the Land Use Management Ordinance; and 2. Is consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995, the minor change on March 22, 1999, and as modified by the attached conditions in this Master Land Use Plan Modification, Resolution A. CONCLUSION Staff Recommendations: We recommend that the Planning Board, Transportation Board, Parks and Recreation Commission, Bicycle and Pedestrian Advisory Board, Community Design Commission and Greenways Commission make the following recommendations: Master Land Use Plan Modification Recommendation: Master Land Use Plan Modification Resolution A, approving the application with conditions. Master Land Use Plan Modification Resolution B would deny the application. Special Use Permit Recommendation: Special Use Permit Resolution A, approving the application with conditions. Special Use Permit Resolution B would deny the application. Action must be taken on the Master Land Use Plan Modification application prior to the Special Use Permit application.

13 RESOLUTION A (Staff Recommendation) (Approving the Special Use Permit Application) A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ARC ORANGE APARTMENTS AT MEADOWMONT (CASE ) BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, for The Arc Orange Apartments at Meadowmont at 150 Barbee Chapel Road, proposed jointly by The Arc of Orange County and The Arc of North Carolina, on property identified as Orange County Property Identifier Number , if developed according to the Site Plan, with cover sheet dated March 27, 2012 (revised August 8, 2012), and the conditions listed below would: 1. Comply with all required regulations and standards of the Land Use Management Ordinance; 2. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995, as amended on March 22, 1999 and on, as associated with this Special Use Permit application. BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for The Arc Orange Apartments at Meadowmont in accordance with the plans listed above and with the conditions listed below: Stipulations Specific to the Development 1. Construction Deadline: That construction begins by (two years from the date of Council approval) and be completed by (four years from the date of Council approval). 2. Land Use Intensity: This Special Use Permit authorizes multi-family residential use with: Gross Land Area 31,385 s.f. (0.72 acres) Open Space (Net Land Area) 0 Maximum Dwelling Units 6 Maximum Floor Area Allowed 5,400 sq. ft. Maximum Impervious Surface Area Allowed 12,196 sq. ft. Maximum Vehicular Parking Spaces 9 spaces (including HC) Minimum Handicapped Parking Spaces 2 spaces Minimum Bicycle Parking Spaces 6 Class I / 6 Class II 3. Public Art: Prior to the issuance of a Zoning Compliance Permit, the developer shall provide a detailed plan, illustrating proposed artwork and location, to be coordinated with the Town s Office of Public Arts and approved by the Town Manager. The artwork shall be installed prior to issuance of a Certificate of Occupancy.

14 Transportation 4. Parking Lot/Drive Aisles Town Standards: Prior to a Certificate of Occupancy, the applicant shall construct the parking lot and drive aisles to Town standard, design subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. 5. Sight Distance Triangles: Prior to issuance of a Zoning Compliance Permit, the developer shall provide standard Town of Chapel Hill sight distance triangles at the proposed driveway intersecting Weaver Mine Trail. 6. Street Repair and the Routing of New Sanitary Sewer Mains: Proposed water and sanitary sewer lines shall minimize the need for pavement repairs and work zone traffic control within public streets. If water and sanitary sewer and/or other utilities are extended it will be necessary to provide trench repair and pavement repair to the public street. 7. Traffic Signage: It will be necessary to include the necessary signage in the appropriate locations as part of the detailed construction plans to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 8. Accessibility Requirements: The developer shall provide the minimum required handicapped parking spaces and design all handicapped parking spaces, ramps, and crosswalks, and associated infrastructure according to Americans with Disabilities Act standards, North Carolina Accessibility Code, and Town standard. Code requirements include standards for the number, size and spacing of handicapped spaces, travel distance from parking spaces to buildings, ramp and sidewalk slope, cross-walk striping and other considerations. 9. Retrofit HC Ramps: Prior to issuance of a Certificate of Occupancy the applicant shall retrofit the existing accessible ramps at the Weaver Mine Trail / Barbee Chapel Road and Garrison Alley/Weaver Mine Trail intersection to install raised warning devices consistent with current ADA and Town standards. 10. Bicycle Parking: That prior to issuance of a Certificate of Occupancy, the applicant shall provide dimensioned details for a minimum of 12 bicycle parking spaces (6 Class I and 6 Class II). The proposed facilities shall comply with the 2010 Association of Pedestrian and Bicycle Professionals Guidelines and Section 4.11 of the Town Design Manual, subject to Town Manager review and approval. Landscaping and Elevations 11. Landscape Protection: That a detailed Landscape Protection Plan, clearly indicating which specimen trees shall be removed and which shall be preserved. The plan shall include critical root zones of specimen trees. The plan shall also include detail of tree protection fencing, between the tree preservation areas and construction areas, construction parking, and materials staging/storage areas. The Plan shall also include Town standard landscaping protection notes, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

15 12. Landscape Screening and Shading: That the landscaping shall adhere to the standards for Section (a-d) of the Land Use Management Ordinance. 13. Landscape Plan and Landscape Maintenance Plan: That the developer shall provide a detailed Landscape Planting Plan with a detailed planting list, and a Landscape Maintenance Plan, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings as well as the limits of land disturbance and tree protection fencing. 14. Canopy Tree Planting Plan: That applicant shall provide replacement canopy tree coverage of 40%. Replacement tree locations, species, size, and spacing shall be provided on a detailed planting plan to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 15. Street Tree Replacement: That if any street trees are damaged during construction they shall be replaced in accordance with the street tree planting plan standards for Meadowmont prior to issuance of a Certificate of Occupancy. 16. Community Design Commission Review of Building Elevations and Site Lighting: That the shall obtain approval of building elevations, including the location and screening of all HVAC/Air Handling Units, by the Community Design Commission, prior to issuance of a Zoning Compliance Permit. The Community Design Commission shall also review and approve a lighting plan for this site taking additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light, prior to issuance of a Zoning Compliance Permit. Environment 17. Stormwater Facilities, Reservation Areas, and Operations and Maintenance Plans: All stormwater detention, treatment and conveyance facilities located on and below the ground shall be wholly contained within a reservation area entitled Stormwater Facility Area Hereby Reserved. A copy of the final plat or easement exhibit, signed and sealed by a North Carolina-registered Land Surveyor and recorded by the County Register of Deeds, and containing the following notes shall be submitted prior to issuance of the Certificate of Occupancy. All engineered stormwater management control, treatment, and conveyance structures on and below the ground shall be wholly located within an easement entitled: "Reserved Stormwater Facility Easement Hereby Dedicated" and shall be reserved from any development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions. A suitable maintenance access (minimum 20 wide) to accommodate heavy equipment from the nearest public right-of-way to the Reserved Stormwater Facility Easement must be provided and shown on the plans.

16 The "Reserved Stormwater Facility Easement(s)" and the facilities it/they protect are considered to be private, with the sole responsibility of the owner to provide for all required maintenance and operations as approved by the Town Manager. The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the owner, heirs, successors, and assigns. 18. Curb Inlets: The applicant shall provide pre-cast curb inlet hoods and covers stating, "Dump No Waste! Drains to Jordan Lake", in accordance with the specifications of the Town Standard Detail SD-5A, for all new curb inlets for private, Town and State rights-of-way. 19. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. This project must comply with the stormwater management requirements of the Land Use Management Ordinance to provide for 85 percent total suspended solids removal from the increased impervious area, retention for 2-5 days of the increased volume of stormwater runoff from the 2-year, 24-hour storm, and control of the stormwater runoff rate for the 1-year, 2-year, and 25-year storms. 20. Stormwater Management Structures: No stormwater management structures are permitted in the rights-of-way or building setbacks. This includes the outlet structure and stabilization, any underdrains, and the downgradient toe of french drains. Further, the discharge must be in a sheet flow condition. 21. Impervious Surface Calculations: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a completed impervious surface tally of the drainage basin associated with the stormwater pond. 22. Soil Stabilization: All disturbed areas shall be stabilized with vegetation or permanent ground cover within 21 calendar days of completion of any grading work. 23. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways. 24. Erosion Control: The applicant shall provide a copy of the approved erosion and sediment control permit from Orange County Erosion Control Division prior to receiving a Zoning Compliance Permit. During the construction phase, additional erosion and sediment controls may be required if the proposed measures do not contain the sediment. Sediment leaving the property is a violation of the Town s Erosion and Sediment Control Ordinance. 25. Energy Management Plan: That the final plan application include an Energy Management Plan (EMP) to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall: a) consider utilizing sustainable energy, currently defined as solar, wind, geothermal, biofuels, hydroelectric power; b) consider purchase of carbon offset credits and green power production through coordination with the NC GreenPower program; c) provide for 20 percent more efficiency that also ensures indoor air quality and adequate

17 access to natural lighting, and allows for the proposed utilization of sustainable energy in the project; and (d) that the property owner can, upon request, report to the Town of Chapel Hill the actual energy performance of the plan, as implemented, during the period ending one year after occupancy. The EMP shall also be formatted to Town standards, shall include a USGBC LEED credit checklist (if applicable), and shall include pre-construction energy models to demonstrate the anticipated energy efficiency and performance for buildings as compared to base building or certification standards from a recognized standard (e.g., LEED, Green Globes). To address item (d) above, the applicant shall submit post-construction energy models one year after occupancy, or certification from a recognized standard that demonstrates the actual energy performance of the applicable structures. 26. Energy Efficiency: That prior to the issuance of a Building Permit, the applicant shall incorporate a 20 percent more energy efficient feature into proposed plans relative to the 2004 energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of Special Use Permit issuance. Comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of building permit issuance, may be used by the applicant when incorporating the 20 percent more energy efficient feature into the final plans. State and Federal Approvals 27. State or Federal Approvals: That any required State or federal permits or encroachment agreements (e.g., 401 water quality certification, 404 permit) shall be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit. Stipulations Related to Water, Sewer, and Other Utilities 28. Utility/Lighting Plan Approval: The final utility/lighting plan shall be approved by the Orange Water and Sewer Authority, Duke Energy Company, Time Warner, AT&T or other applicable utility providers and the Town Manager before issuance of a Zoning Compliance Permit. 29. Lighting Plan: That prior to issuance of a Zoning Compliance Permit, the applicant shall submit site plans and other required documents to satisfy the lighting requirements of Section 5.11 of the Land Use Management Ordinance including submission of a lighting plan, demonstrating compliance with Town standards, sealed by a Professional Engineer. Increases in illumination on off-site property may not exceed 0.3 foot-candles, measured at ground level. Where existing ambient off-site lighting levels are in excess of 0.3 foot-candles, no increase in measurable off-site lighting levels will be allowed as a result of outdoor lighting in the development.

18 30. Power Lines: Prior to the issuance of a Certificate of Occupancy, all proposed or relocated utility lines other then 3-phase electric power distribution lines shall be located underground. 31. Sewer Line Construction: That all plans for water and sewer lines be approved by OWASA and constructed according to its standards. Where sewer lines are located beneath streets, drive aisles and parking areas construction methods approved by OWASA shall be employed, to ensure that sewer lines will not be damaged by heavy service vehicles. Final plans shall be approved by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit. 32. Detailed Construction Drawings: Detailed construction drawings shall be submitted to OWASA for review and approval prior to issuance of a Zoning Compliance Permit. Fire Safety 33. Firefighting Equipment Access: That Final Plans shall clearly indicate emergency fire access for the Town s firefighting equipment to within 150 feet of all exterior points of the proposed buildings. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 34. Fire Apparatus Access and Road Design: That Final Plans shall include the following note, Any and all roads, driveways or dedicated fire lanes used for fire department access shall be all-weather and designed to support to carry the imposed load of fire apparatus weighing 75,000 lbs. Fire access roads shall have a minimum width of 20 feet with overhead clearance of 13 ft. 6 in. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 35. Fire Hydrant and FDC Locations: That Final Plans shall indicate the locations of existing and proposed fire hydrants and Fire Department Connections (FDC). Fire Department Connections shall be located on the Meadowmont Lane street side of the building within 100 feet of a hydrant. Hydrant spacing shall comply with the Town Design Manual. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 36. Fire Apparatus Access and Service During Construction: That Final Plans shall include the following note, When fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction, except when approved alternate means of fire protection are provided. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 37. Fire Flow Report: Prior to issuance of a Zoning Compliance Permit the applicant shall submit a fire flow report sealed by an engineer licensed in North Carolina certifying that the water supply available at the nearest fire hydrant(s) will meet the Town s fire flow requirements. An Orange Water and Sewer Authority flow test must be included with the report.

19 38. Automatic Sprinkler System: That prior to issuance of a Certificate of Occupancy, an automatic sprinkler system be installed in the proposed building. 39. Fire Hydrant Accessibility: That all structures must be located within 500 feet of a fire hydrant. That the applicant shall maintain a 100-foot maximum distance between fire hydrants and fire department connections, in a clearly visible and accessible location on the street side of buildings, subject to Town Manager review and approval prior to issuance of a Zoning Compliance Permit. Solid Waste Management and Recycling 40. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 41. Final Plan Notes: That the applicant shall place the following notes on Final Plans prior to issuance of a Zoning Compliance Permit: a. We recommend that plans label each waste container for type of material to be collected. b. Construction Waste: i. By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, must be recycled. ii. By Orange County Ordinance, all haulers of construction waste must be properly licensed. iii. Prior to any construction activity on the site the applicant will hold a preconstruction conference with the County s Solid Waste staff. Miscellaneous 42. Schools Adequate Public Facilities Ordinance: Prior to the issuance of a Zoning Compliance Permit, the applicant shall provide the necessary Certificates of Adequacy of Public Schools. 43. Final Plat: That prior to issuance of a Zoning Compliance Permit, a Final Plat shall be recorded creating two new lots from parent lot 12, subject to Town Manager review and approval. 44. Deed Lot 12C to The Arc of Orange County: That prior to the issuance of a Zoning Compliance Permit, the owner of lot 12C shall deed it to the Arc of Orange County for multifamily residential use. 45. Deed Lot 12D to Meadowmont Homeowners Association: That prior to the issuance of a Zoning Compliance Permit, the owner of lot 12D shall deed it to the Meadowmont Homeowners Association for open space use. 46. Taxation: That during any time this property is exempt from ad valorem property taxes, the owner shall make annual payments-in-lieu of property taxes, the amount to be determined

20 based on a valuation determined by the Orange County Tax Supervisor and the applicable year s established city and county tax rate. 47. Name and Addressing: Prior to issuance of a Zoning Compliance Permit, the name of the development and the building numbers and unit numbers shall be reviewed and approved by the Engineering Design and Services Division. 48. Construction Management Plan: That a construction management plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The construction management plan shall; 1) indicate how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers and the prohibition of parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other temporary construction management structures, indicate construction hours and compliance with the Noise Ordinance (Section 3 Town Code). 49. Traffic and Pedestrian Control Plan: That the applicant shall provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements will be safely maintained. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. At least 5 working days prior to any proposed lane or street closure the applicant must apply to the Town Manager for a lane or street closure permit. 50. Construction Sign Required: That the applicant shall post a construction sign at the development site that lists the property owner s representative and telephone number, the contractor s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 32 square feet of display area and maximum height of 8 feet ( (g) of LUMO). The sign shall be nonilluminated, and shall consist of light letters on a dark background. A detail of the sign shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. 51. Open Burning: That the open burning of trees, limbs, stumps, and construction debris associated with this development is prohibited. 52. Detailed Plans: Final detailed site plans, grading plans, utility/light plans, stormwater management plans ( with hydrologic and hydraulic calculations), landscape plans, and landscape maintenance plans shall be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Land Use Management Ordinance and Design Manual. 53. Certificate of Occupancy: That a Certificate of Occupancy shall not be issued until all required public improvements are complete; and that a note to this effect shall be placed on

21 the final plats. If the Town Manager approves a phasing plan, occupancy shall not occur for a phase until all required public improvements for that phase are complete; and no construction for any phase shall begin until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plats. 54. As-Built Plans: That prior to the issuance of a Certificate of Occupancy, the applicant shall provide certified as-built plans for building footprints, parking lots, street improvements, storm drainage systems and stormwater management structures, and all other impervious surfaces, and a tally of the constructed impervious area. The as-built plans should be in DXF binary format using State plane coordinates and NAVD Temporary Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs prior to occupancy. 56. Vested Right: This Special Use Permit constitutes a site specific development plan establishing a vested right as provided by N.C.G.S. Section and Appendix A of the Chapel Hill Land Use Management Ordinance. 57. Continued Validity: That continued validity and effectiveness of this approval shall be expressly conditioned on the continued compliance with the plans and conditions listed above. 58. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void. BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for The Arc Orange Apartments at Meadowmont. This the day of, 2012.

22 RESOLUTION B (Denying the Special Use Permit Application) A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ARC ORANGE APARTMENTS AT MEADOWMONT (CASE ) BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, for the Arc Apartments at Meadowmont at 150 Barbee Chapel Road, proposed jointly by The Arc of Orange County and The Arc of North Carolina, on property identified as Orange County Property Identifier Number , if developed according to the Site Plan, with cover sheet dated March 27, 2012 (revised August 8, 2012), and the 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 Land Use Management Ordinance; 3. Be located, designed, and 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 Land Use Management Ordinance and in the Comprehensive Plan. BE IT FURTHER RESOLVED THAT the Council finds: [ADD REASONS HERE] BE IT FURTHER RESOLVED that the Council hereby denies the Special Use Permit for The Arc Orange Apartments at Meadowmont. This the day of, 2012.

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29 Special Use Permit Application - Statement of Justification The Arc Orange Apartments 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. The plan submitted for The Arc Orange Apartments in Meadowmont proposes that the approved Master Land Use Plan be modified for the proposed site, Lot 12C, from civic to multifamily residential use. The existing zoning, R5-Conditional, allows residential use. The developer of Meadowmont, East West Partners, fully supports this proposed modification and is donating the land to The Arc of Orange County specifically for our planned purpose. Lot 12D, also owned by East West Partners, will be changed from Civic Use to Open Space and conveyed to the Meadowmont Homeowners Association prior to the issuance of the Zoning Compliance Permit. Please see the attached letter from East West Partners indicating their intention to convey the property to the Meadowmont Homeowners Association to be used as Open Space after the property is subdivided. The Arc Orange Apartments will be located, designed and operated so as to promote the public health, safety and general welfare of the residents and the broader community. Our plan proposes to build a 6-unit apartment building for people with intellectual and developmental disabilities in the Meadowmont neighborhood. There is a strong need in Chapel Hill for affordable housing that offers people with disabilities a place to live independently with the support they need to thrive and succeed. The community will be enriched by the diversity this project and the residents will bring. The primary financing from the U. S. Department of Housing and Urban Development under their Supportive Housing Program for Persons with Disabilities requires and assures that this housing will be limited to and remain affordable for this population for a minimum of 40 years. Each resident will pay 30% of their income toward rent and project-based rental assistance will cover the remainder of the HUD-set rent. One hundred percent of the units will be occupied by persons with income at or below 50% of the median income for Orange County. There is no other housing in Orange County that offers persons with intellectual and developmental disabilities the opportunity in live in a supportive independent setting that is affordable on a limited income. The proposed housing plan is a far less intensive use of the site than what is currently allowed under the existing R-5-Conditional zoning. Existing regulations allow a maximum floor area of 9,510 SF and the proposed building has a gross floor area of 5,393 SF. The proposed setbacks, building height, and street frontages are all in compliance with the requirements in the ordinance. The parking plan proposes only 8 parking spaces and the traffic impact will be minimal since the majority of the residents of these units will not have cars and will use public transportation. A TIA waiver has been provided from the Transportation Division. A stormwater management system is in place for the entire Meadowmont development and the impervious area allowed for this site under that system significantly exceeds what our plan is proposing. The current requirements of the LUMO will be met through treatment provided by 1

30 the existing Meadowmont Pond 1b located across Barbee Chapel Road from our site. There are no streams or Resource Conservation District on this site, per the original Meadowmont approval. Fire-service water and sanitary sewer will be connected to the existing service lines along West Barbee Chapel Road. Domestic water service will be tied into existing water main at Weaver Mine Trail. A fire flow report has been completed for the hydrant located in front of the site and is attached. Finding #2: That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 3, 4, and 5 and the applicable specific standards contained in Section 6, and with all other applicable regulations. Our proposed development complies with all of the rules and regulations in the Development Ordinance and Master Land Use Plan for Meadowmont. All needed infrastructure was put into place as part of the Meadowmont Development. No street or roadway improvements are required for the development of this project. The setbacks, height of building, parking intensity, and landscape buffers are all in compliance with the Meadowmont and town ordinance requirements. 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. As stated under Finding #1: The plan submitted for The Arc Orange Apartments in Meadowmont proposes that the approved Master Land Use Plan be modified from civic to multifamily residential use. The existing zoning, R5-Conditional, allows residential use. The developer of Meadowmont, East West Partners, fully supports this proposed modification and is donating the land to The Arc of Orange County specifically for our planned purpose. The proposed apartments are a public necessity because there are currently no other affordable supportive, independent living housing projects specifically designed for persons with intellectual and developmental disabilities in the Chapel Hill area. There are approximately 2500 people with intellectual and developmental disabilities in Orange County. Without appropriate supportive housing options available, many of these people will have no choice but to move into more restrictive group home settings, adult care homes, substandard housing or homeless programs, most of which are costly to the public and not appropriate to meet their unique needs. In addition to being a public necessity, The Arc Orange Apartments has been located, designed and proposed to be operated so as to maintain the value of contiguous property and enhance the community as a whole. This land was originally designated for civic use, and the proposed residential use will be much less intense than what was originally planned and will complement the existing residential feel of the neighborhood. 2

31 Numerous academic studies indicate conclusively that supportive housing for people with disabilities has little or no effect on neighboring property values. These studies looked at a wide variety of types of housing, locations, and outcome measures over a period of many years to assess the potential effect of housing facilities on neighboring property values. For example, one study in Illinois found that the location of group homes for people with developmental disabilities had no impact on property values or stability in the surrounding neighborhood. The study further showed that the crime rate for people living in this type of housing is substantially lower than that of the general population and that the residents do not pose a threat to the safety of the neighborhood. Another study evaluated single-family house sales performance in Minnesota and found nearly no negative effects and many positive effects to affordable rental housing in these neighborhoods. Please see the information attached regarding the findings of these studies and many others. In reviewing these studies, it appears that the assumption that property values will decline with the location of affordable housing is based on the idea that one facility can affect a whole neighborhood and that such a facility will be conspicuous, unattractive, poorly maintained and poorly managed. As outlined below, The Arc Orange Apartments have been specifically designed to be in harmony with the neighborhood and will be constructed of high quality materials. In addition, The Arc of North Carolina has extensive experience in providing quality property management and the on-going operating subsidy from HUD will assure the funds are available to maintain the property at a consistently high quality. The design of the building relates well to the context of the existing neighborhood architecture in scale, form, color, and materials. The building will be composed of four one-bedroom apartments and two two-bedroom apartments accessed through a breezeway which provides a front door on West Barbee Chapel Road and a back door on the parking lot. Dutch hip roofs minimize the apparent height and mass of the structure. Contrasting brick patterns break up the massing to an appealing smaller scale. To the east, is a 2-story multifamily complex with clapboard siding. To the west is a 2 1/2-story brick townhouse structure. Using both brick and siding, our 2-story building will be a visual transition between the existing developments. The brick elements which form the figure, the wainscoting and the 2-story accents at the entries and the east elevation, will be the color of the building to the west. The background brick will be a similar palette but with a broader range of colors. The siding and trim will pick up the colors of the development to the east. Please see the attached renderings of the proposed development. The parking will be accessed from Weaver Mine Trail which has lower volume traffic than West Barbee Chapel Road. Views of the parking lot from West Barbee Chapel Road will be shielded by the building. Using plant materials which thrive in this locale, the landscape plan adorns the building with decorative green foundation, tying it visually into the site. A grouping of Crepe Myrtles provides a focal point to parking lot drive. A line of Laurel Oaks follows the curve of the bikeway, strengthening the definition of that amenity. A curve of Chindo Viburnam provides privacy for 3

32 the patio. Other evergreens screen refuse and HVAC compressors. The northeast area of the site will be preserved as a naturalized hardwood forest. The site consists of.655 acres of undeveloped land. The soil type is Enon loam (EnC) which is well-drained and has a depth to groundwater of over 80 inches. With minimum grading and small site coverage the new development respects the existing drainage pattern of the site and has low impact on the impermeable percentage. The north portion of the site will remain undisturbed, preserving the large hardwood stand there. During construction, trees will be protected according to the Town of Chapel Hill standards. New plantings will follow themes established by the neighboring developments and use materials from the town s list of recommended species. 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. The Chapel Hill Comprehensive Plan is embodied in the Meadowmont Master Land Use Plan and the proposed development is consistent with both Plans. It should be in keeping with and/or have no adverse impact on the Watershed Conservation District, the Chapel Hill Thoroughfare Plan, the Greenway Plan, or the Urban Services Area. The proposed development will comply with and promote the themes and goals from the 2020 Comprehensive Plan in the following ways: It is noted as part of the first theme in the 2020 Comprehensive Plan ( the Plan ) that the Chapel Hill community welcomes a diversity of people which enhances opportunities for residents of the Town to share and understand each other, and a goal of creating and maintaining a welcoming and friendly community that provides all people with access to opportunities. The proposed apartments will enhance Meadowmont s socio-economic diversity by promoting the involvement of persons with intellectual and development disabilities in the community. Carrying through with this theme, the project will help meet the goal of providing a range of housing options for the future. There are no other apartment developments in the Orange County area that are designed for people with intellectual and development disabilities to live independently with support in the community. The numerous group homes in Orange County do not offer the independence that so many citizens of Orange County with disabilities desire. This unique development will offer many brand new opportunities for its residents, and allow residents of the surrounding neighborhood to get to know a special group of people belonging to a population that they may only have had limited opportunity to interact with before. As stated under Theme 2 of the Plan, the broader and more diverse the community is, the more sustainable all parts of the community will be. The transportation goals of the Plan include (1) encouraging the use of other-than-automobile means of transportation such as bicycle, pedestrian, and public transportation options, and (2) mitigating congestion and promoting air quality, sustainability, and energy conservation. Due to the unique population who will reside in these apartments, most will not drive automobiles, but will instead take advantage of all of the alternate transportation opportunities that this centrallylocated site in Meadowmont offers. The parking plan proposes only 8 parking spaces and the 4

33 traffic impact will be minimal since the majority of the residents of these units will not have cars and will walk, bike, or use public transportation. The proposed use will protect the existing neighborhood from the impact of development, another goal of the Plan, and conserve the residential nature of the adjacent properties. The proposed apartments are a less intensive use of the site than what is currently allowed under the existing R-5-Conditional zoning. The residential design will complement the surrounding residential properties, and the size of the project will allow for the preservation of trees on the north portion of the site. The commitment of East West Partners to dedicate future Lot 12D as Open Space will help meet the goal of protecting and maintaining undeveloped open spaces. In addition, The Arc Orange Apartments are being built to the green building standard, EarthCraft, which will minimize local environmental impact, another of the goals of the 2020 Comprehensive Plan. Homes, businesses and communities certified through the EarthCraft program must meet a number of criteria that ensure sustainable, efficient design and function. Areas of focus will include indoor air quality, energy efficiency, water efficiency, resourceefficient design, resource-efficient building materials, waste management, and site planning. The proposed supportive apartment project will provide a much needed, quality service for people with intellectual and developmental disabilities. Many people desire, and are able to live successfully in their own apartment with minimal support services. These apartments will provide quality affordable housing, with access to quality supportive services designed to meet each tenant s unique needs and allow them to be successful in the community. 5

34 r... T t. ARCHITECT: BELL ARCHITECTURE, PLLC OWNER: GREENSBORO, NC A WEST FRIENDLY AVE. THE ARC ORANGE COUNTY CONTRACTOR: GARANCO, INC. By: By: By: SPECIAL USE PERMIT APPLICATION MASTER LAND USE PLAN MODIFICATION LOCATION MAP THE ARC ORANGE APARTMENTS CHAPEL HILL, NORTH CAROLINA MEADOWMONT LOT 12 PARCEL IDENTIFICATION NUMBER(PIN): HUD PROJECT NO: 053-HD252/NC19-Q INDEX OF DRAWINGS: THE ARC ORANGE APARTMENTS DESIGN TEAM ABBREVIATIONS DIVISIONS SHEET COVER SHEET SITE WORK: ARCHITECTURAL CVR S-AM S-1 S-1a S-2 S-3 S-4 SD-1 A-4 DESCRIPTIONS NAME, LOCATION, INDEX AREA MAP SITE SURVEY EXISTING CONDITIONS, STEEP SLOPE PLAN DETAILED SITE PLAN, CONSTRUCTION MANAGEMENT PLAN GRADING, STORM SEWER & EROSION PLAN LANDSCAPE PROTECTION, SCREENING & PLANTING PLAN SITE DETAILS EXTERIOR ELEVATIONS LAST REVISION DESIGN FIRM Architectural Civil Electrical Fire Alarm Plumbing Mechanical Sprinkler-Standpipe Structural Bell Architecture Bell Architecture Triad Engineering Triad Engineering Triad Engineering Triad Engineering Twin City Sprinkler Andrew Engineering NAME Ken Bell Ken Bell Perry Gulledge Perry Gulledge Perry Gulledge Perry Gulledge Darrell Inman John Andrew LICENSE# TELEPHONE# (336) (336) (336) (336) (336) (336) (336) (336) kennethabell@gmail.com kennethabell@gmail.com PGulledge@TriadEngMEP.com PGulledge@TriadEngMEP.com PGulledge@TriadEngMEP.com PGulledge@TriadEngMEP.com dinmantwincity@bellsouth.net office@andreweng.com ABV AC ADJ A.F.F. AL APROX AP AT AUTO BD BEL BET BEV BLDG BLKG BOT CAB C/C CG CIR CJT CLG CLKG CMT CMU COL CONC CONT CPT CSK CT CU. FT. CU. YD. D DA DET DIAM DIM DF DR DWR DWG ABOVE ACOUSTICAL ADJACENT ABOVE FINISHED FLOOR ALUMINUM APPROXIMATE ACOUSTICAL PANEL ACOUSTICAL TILE AUTOMATIC BOARD BELOW BETWEEN BEVEL (ED) BUILDING BLOCKING BOTTOM CABINET CENTER TO CENTER CORNER GUARD CIRCLE CONTROL JOINT CEILING CAULKING CERAMIC MOSAIC TILE CONCRETE MASONRY UNIT COLUMN CONCRETE CONTINUOUS CARPET COUNTERSINK CERAMIC TILE CUBIC FOOT CUBIC YARD DEPTH DOUBLE ACTING DETAIL DIAMETER DIMENSION DRINKING FOUNTAIN DOOR DRAWER DRAWING EC EIFS EL EXIST EXISTING EXP EXT FA FB F.B.O. HDW HARDWARE HM HORIZ HVAC HWD FURNISHED BY OTHERS FD FLOOR DRAIN F.F.L. FGL FIN FLUOR F.O.F. F.O.S. FACE OF STUD FR FUR GA GALV GC GL GLAZING GWB GWT HB HBD HC ELECTRICAL CONTRACTOR EXTERIOR INSULATION & ELEC ELECTRIC (AL) ELEV EMER EQ EQUIP EWC FINISH SYSTEM ELEVATION ELEVATION EMERGENCY EQUAL EQUIPMENT ELECTRIC WATER COOLER EXPOSED EXTERIOR FIRE ALARM FACE BRICK FINISHED FLOOR LINE FIBERGLASS FINISH (ED) FLUORESCENT FACE OF FINISH FRAME FURRING GAUGE GALVANIZED GENERAL CONTRACTOR GYPSUM WALLBOARD GLAZED WALL TILE HOSE BIBB HARDBOARD HANDICAPPED HOLLOW METAL HORIZONTAL HEATING, VENTILATING AND AIR CONDITIONING HARDWOOD ID INT JT KP LAD LAM LBL LH LT MAX MC MECH MED MIN PVC PWD QT RAD REF LIGHT MISC MISCELLANEOUS MTG MTL NOM OC OD OPH OPNG OPP PAR ON CENTER OUTSIDE DIAMETER PBD PARTICLE BOARD PC PCF PLF PNL PSI PT L N.I.C. N.T.S. INSIDE DIAMETER INSUL INSULATION INTERIOR JOINT KICKPLATE LENGTH LADDER LAMINATE (D) LABEL LEFT HAND MAXIMUM MECHANICAL MEDIUM MINIMUM MOUNTING METAL NOT IN CONTRACT NOMINAL NOT TO SCALE OPPOSITE HAND OPENING OPPOSITE PARALLEL PLUMBING CONTRACTOR POUNDS PER CUBIC FOOT POUNDS PER LINEAL FOOT PANEL POUNDS PER SQUARE INCH PAINT (ED) POLYVINYL CHLORIDE PLYWOOD QUARRY TILE RADIUS RA RETURN AIR REFERENCE REL REV RH RM ROOM RO S SC SCH SHT SIM SPEC ST STD STO SQ VB VCT VIN WD W.W.F. ROUGH OPENING SIMILAR T THICKNESS T&G TEL T.O.W. TV TYP REFLECTED RET RETURN REVISED RIGHT HAND SEALED SOLID CORE SCHEDULE SHEET SPECIFICATION STAIN STANDARD STORAGE SQUARE TONGUE & GROOVE TELEPHONE TOP OF WALL TELEVISION TYPICAL VAPOR BARRIER VINYL COMPOSITION TILE VINYL WOOD WELDED WIRE FABRIC C O P B E L L Y R I G H T A R C H I T E C T U R E P L. L. C REVISION DATE DHR COMMENTS 6/18/12 CITY COMMENTS 8/8/12 B E L T U A R C H I T E C L R E P. L. L. C. P O S T G R E E P H O N S B O R O, N O F F I C E E ( ) B O X 3 9 N. C kennethabell@gmail.com DATE DRAWN MJW JOB NO. THE ARC ORANGE APARTMENTS 150 W. BARBEE CHAPEL RD. CHAPEL HILL, NORTH CAROLINA HUD PROJECT NO: 053-HD252 NC19-Q OWNER: THE ARC ORANGE COUNTY 5509-A WEST FRIENDLY AVE. GREENSBORO, NC DEVELOPER: THE ARC OF NC 343 EAST SIX FORKS RD. RALEIGH, NC COVER SHEET SHEET NO. CVR OF s b o o, n N e. C r e N C R E Y G G N I A P S B T E R C O M L L C e E P l D A L l A C T U R, R C u r e A H I r E c h i e ct

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41 r... T t. C O P B E L L Y R I G H A R C H I T E C T U R E P L. L. C. T REVISION DATE DHR COMMENTS 6/18/12 B E L T U A R C H I T E C L R E P. L. L. C. P O S T G R E E P H O N S B O R O, N O F F I C E E ( ) B O X 3 9 N. C kennethabell@gmail.com DATE DRAWN MJW JOB NO. THE ARC ORANGE APARTMENTS 150 W. BARBEE CHAPEL RD. CHAPEL HILL, NORTH CAROLINA HUD PROJECT NO: 053-HD252 NC19-Q OWNER: THE ARC ORANGE COUNTY 5509-A WEST FRIENDLY AVE. GREENSBORO, NC DEVELOPER: THE ARC OF NC 343 EAST SIX FORKS RD. RALEIGH, NC SHEET NO. SD-1 OF s b o o, n N e. C r e N C R E Y G G N I A P S B T E R C O M L L C e E P l D A L l A C T U R, R C u r e A H I r E c h i e ct

42 r... T t. MAILBOX EAST ELEVATION SCALE: 3/16" = 1'-0" WEST ELEVATION SCALE: 3/16" = 1'-0" EXTERIOR COLORS: ROOF: CHARCOAL SIDING: SAND WINDOWS, TRIM: WHITE BRICK VENEER: TERRACOTTA, MONOTONE BRICK WAINCOTE, ACCENT: TERRACOTTA, BROAD RANGE NORTH ELEVATION SCALE: 3/16" = 1'-0" SOUTH ELEVATION SCALE: 3/16" = 1'-0" C O P B E L L Y R I G H T A R C H I T E C T U R E P L. L. C REVISION DATE B E L T U A R C H I T E C L R E P. L. L. C. P O S T G R E E P H O N S B O R O, N O F F I C E E ( ) B O X 3 9 N. C kennethabell@gmail.com DATE DRAWN MJW JOB NO. THE ARC ORANGE APARTMENTS CHAPEL HILL, NORTH CAROLINA HUD PROJECT NO: 053-HD252 NC19-Q OWNER: THE ARC ORANGE COUNTY 5509-A WEST FRIENDLY AVE. GREENSBORO, NC DEVELOPER: THE ARC OF NC 343 EAST SIX FORKS RD. RALEIGH, NC ELEVATIONS SHEET NO. A-4 OF s b o o, n N e. C r e N C R E Y G G N I A P S B T E R C O M L L C e E P l D A L l A C T U R, R C u r e A H I r E c h i e ct

43 From the Southeast From the Southwest From the West From the Northwest The Arc Orange Apartments

44 From the East Apartments to the East Greenway to the East Meadowmont Center to the South East The Arc Orange Apartments

45 Townhomes to the West Single family homes to the West Single family house to the North View to the South The Arc Orange Apartments

46 Systematic Research on the Impact of Supportive Housing on Surrounding Neighborhoods Impacts on the Surrounding Neighborhood of Group Homes for Persons with Developmental Disabilities A comparison of outcomes for the neighborhoods around 14 group homes in Illinois with the outcomes of 14 control neighborhoods. The neighborhoods considered were drawn from both high-income and lowerincome neighborhoods, and were drawn from urban, suburban and rural settings. The study found that the location of group homes for people with developmental disabilities had no impact on property values or stability in the surrounding neighborhood. The study further showed that the crime rate for people living in this type of housing is substantially lower than that of the general population and that the residents do not pose a threat to the safety of the neighborhood. Study of the Relationship between Affordable Family Rental Housing and Home Values in the Twin Cities This study evaluated three standards of single-family house performance: sales price per square foot, percentage of sales price to asking price, and time on the market in 12 neighborhoods in Minneapolis and St. Paul. The neighborhoods were those where affordable rental housing developments had been located within a neighborhood of owner-occupied homes. Comparisons were made of these standards for the three years before and the three years after establishment of the affordable-income housing. The study finds nearly no negative effects and many positive effects to affordable rental housing in these neighborhoods. We Are Neighbors: The Impact of Supportive Housing on Community, Social, Economic and Attitude Changes Research of two supportive housing buildings for people with mental illness, and the communities that surround them in Toronto, concludes that property values and crime rates are unaffected. The study also found that neighbors do not believe that the supportive housing has a negative impact on their neighborhood. port.pdf Toward More Inclusive Neighborhoods: Property Values Unaffected by Non-Market Housing This study looked at seven non-market housing projects in British Columbia and the impact these had on property values of nearby homes. The study concluded that there were no negative impacts on the sale prices of homes in the immediate area. Additionally, the study found no evidence of panic selling or an extraordinary length of time on the market of homes for sale within the area. Assessing Property Value Impacts of Dispersed Housing Subsidy Programs This study of HUD-sponsored subsidized (Section 8) housing programs in Denver and Baltimore concluded that these publicly funded homes in general raised property values for the privately owned housing surrounding them. The exception to this conclusion was observed in some Baltimore neighborhoods having a relatively larger percentage of lower-income residents, minority-owned homes and secularly declining home prices before the introduction of the Section 8 homes.

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49 THE ARC ORANGE APARTMENTS Response to Town Council & Community Design Commission Comments COMMUNITY DESIGN COMMISSION October 19, 2011 Concern about the breezeway design and accessing the laundry from outside recommendation to make the building more user-friendly. We have retained the breezeway design; however we have eliminated the need for the residents to go outside to do their laundry by adding washers and dryers in each unit. We have also redesigned the entryways and added architectural details on the windows and additional lighting in the breezeway. We believe the current design is attractive and userfriendly for our tenants. Need for site lighting during the day because the proposed building includes deep recessions. In response to these concerns, we have enhanced the lighting in the breezeway areas to ensure the area is attractive and sufficiently lit. Is there a way to eliminate or screen the concrete pads for the condensing units? While it is not possible to eliminate the concrete pad for the condensing units, we have relocated some of the condensing units and added additional landscaping to address this concern. Support for the applicant s tree preservation efforts. We agree that tree preservation is important and we plan to preserve the stand of hardwood trees at the Northeast portion of the site as presented to the Community Design Commission. Question about the number of parking spaces. We are proposing 8 parking spaces, 6 standard and 2 accessible spaces. Many of the residents will not drive; however, parking is needed for support staff and family who will be supporting the residents. For this, we believe 8 parking spaces are adequate to meet the needs of the property, while minimizing the impervious surface on the site. Question if underground parking possible to reduce impervious space. Underground parking is not a viable option for our project because it would increase the cost of the project by percent and would create an accessibility issue. Recommendation to add a bicycle rack. Being adjacent to the greenway, we think this will be a nice amenity for the residents, and we have incorporated a bicycle rack into the project. 1

50 Question on who will be doing the property management. The Arc of North Carolina is an experienced property management company and will be responsible for the overall property management of the project. They manage over 400 similar properties statewide and have over 30 years of experience. They will work closely with the local operator and service coordinator, The Arc of Orange County, and local vendors to ensure the property is monitored and maintained at a consistently high standard. Question on the difference between Earthcraft and LEED certification. LEED has more name recognition since it is a national organization, whereas EarthCraft operates only in the southeast. Both LEED and EarthCraft assess projects and award certifications for the level of sustainability and energy efficiency which are achieved in their design and construction. They vary in their documentation and cost. Our design team is experienced in working with EarthCraft on similar supportive housing projects. Comment about additional sustainable features in the project. This project has been designed to be sustainable, and will fulfill the requirements for certification by EarthCraft, a regionally recognized green standard. Buildings certified through the EarthCraft program must meet a number of criteria that ensure sustainable, efficient design and function. This includes guidelines for site planning, energy efficient building envelope and systems, energy star appliances, energy efficient lighting, resource efficient design and building materials, water-conserving fixtures, waste management practices, and indoor air quality. Recommendation to reconsider the outdoor areas, including personal outdoor space. Following the Community Design Commission meeting, we have added additional outdoor seating. This is in addition to the existing patio area outside the community room. We decided against having personal outdoor space because social isolation is a major concern for people with intellectual and developmental disabilities and we believe the common outdoor spaces are important to encourage social interaction among the residents. Support for the project and believed that the design was well conceived. We agree and believe this design is attractive and provides a valuable mix of independence and personal space, as well as opportunities for social interaction and peer support. Question about garbage collection and recycling. We do not believe a dumpster is necessary for this project and plan to have residential garbage bins that the residents will take to the curb like their neighbors. The design includes a corral to shield the bins from view. Recycling will be accommodated for in this area as well. 2

51 Recommendation to pay special attention to outdoor spaces, especially maintenance of the landscape - encourage the applicant to develop a maintenance plan. The Arc of North Carolina is an experienced property management company and will be responsible for the overall property management of the project. As with all their properties, The Arc of NC will have a scheduled maintenance plan for both the interior and exterior of the project. This will include a contract with a local vendor for regular lawn and landscape maintenance. In addition, the local operator and service provider, The Arc of Orange County will conduct monthly preventative maintenance reviews to ensure the property is maintained at a consistently high standard. TOWN COUNCIL PUBLIC HEARING January 18, 2012 Question to clarify the number of occupants and parking spaces. The project is designed for 8 tenants and includes 8 parking spaces. Most of the tenants will not drive; however, parking is needed for support staff and family who will be supporting the residents. Several council members expressed strong support for the project, the diversity it will bring to Meadowmont and the asset it will be for the community as a whole. We thank the Council for the support they expressed for the project. We truly believe the project will not only benefit the tenants, but also will also enrich the entire Meadowmont Community. Design perfect for the setting continues the theme of brick, brings consistency. Using both brick and siding, our 2-story building is designed to be a visual transition between the existing condominiums with clapboard siding to the east and the brick townhomes to the west. The brick elements which form the figure, the wainscoting and the 2-story accents at the entries and the east elevation, will be the color of the building to the west. The background brick will be a similar palette but with a broader range of colors. The siding and trim will pick up the colors of the development to the east. Appreciated the way the applicant responded to the CDC comments. We took the feedback from the CDC very seriously and incorporated many of their suggestions into the design. As a result, we believe we have a much better design and project going forward. Likes the layout, but not too fond of all the brick preference for a more snappy design that is not all brick. As stated above, the design uses both brick and siding, to create a visual transition between the existing condominiums with clapboard siding to the east and the brick townhomes to the west. In response to earlier concerns by the Community Design Commission, we have enhanced the design by redesigning the entryways and adding architectural details to the windows. 3

52 If it were possible, would love to see more units. We would love to serve more people, but we want to retain the integrated, community-feel of the project. When a project concentrates too many people with disabilities onto one site, it is harder to blend into and be part of an existing community. Nationally, best practice housing models trend toward smaller, more integrated settings such as we are proposing. Encourages staff to do all they can to make sure this project gets through as quickly, and least expensively as possible. In February 2012, the project was granted expedited review by the Town Council and we are working closely with Planning Department staff to meet all our HUD deadlines and get this project under construction as quickly as possible. Question about the need and waiting list for this project. Before we submitted our HUD application, we conducted a housing need survey that indicated a strong need for supportive apartments in Chapel Hill. There are currently numerous group homes, but no supportive apartment projects like this in Orange County. Many people have expressed interest in applying for the project, but we will not open an official waiting list until we are under construction. Support for leaving the back third of the lot wooded. As presented in the Concept Plan, the north portion of the site will remain undisturbed, preserving the large hardwood stand there. The scale of project is fine. The building is designed to relate to the context of the existing neighborhood architecture in scale, form, color, and materials. Dutch hip roofs minimize the apparent height and mass of the structure, and contrasting brick patterns break up the massing to an appealing smaller scale. We have also added architectural details on the windows and resigned the entryways to enhance the residential feel of the building. 4

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