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TOWN OF CHAPEL HILL Town Council Public Hearing Town Hall Council Chamber 7:00 P.M., MARCH 21, 2011

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AGENDA ITEMS

1. University of at Chapel Hill Semi-Annual Report.

PRESENTER: Anna Wu, Director, UNC Facilities Planning

2. Public Hearing: Inter Faith Council Community House Men’s Transitional Housing Facility, 1315 Martin Luther King Jr. Boulevard – Application for Special Use Permit. (File No. 9880- 21-3142)

PRESENTER: Phil Mason, Principal Planner

a. Swearing of all persons wishing to present evidence b. Introduction and Preliminary Recommendation by the Manager c. Presentation of evidence by the Applicant d. Recommendation of the Planning Board e. Recommendations of other boards and commissions f. Presentation of evidence from the public g. Comments and questions from the Mayor and Town Council h. Motion to continue Public Hearing to May 9, 2011 i. Referral to the Manager and Attorney.

2 TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 3/21/2011 AGENDA #1 EXECUTIVE SUMMARY

Title of Agenda Item: University of North Carolina at Chapel Hill Semi-Annual Report.

Background: On June 15, 2005, the Council adopted a resolution requesting that representatives from the University participate in semi-annual meetings to provide the Council with updates on University development activity. The University staff will present a report reviewing the status of development under construction, and previewing University projects that are planned.

Fiscal Note: No fiscal impact has been identified.

Recommendations: No action is required.

ATTACHMENTS: Viewing attachments may require Adobe Acrobat. Status of Capital Improvement Program

3 ATTACHMENT

STATUS OF CAPITAL IMPROVEMENT PROJECTS THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL FACILITIES PLANNING & CONSTRUCTION

PROJECTS COMPLETED SINCE LAST REPORT (JULY 2010)

1. Bingham Building III $2,368,816 2. Basement Renovation $4,450,000 3. Woollen Gym Life Safety and Fire Alarm Project $4,500,000 4. Medical Research “D” Addition & Renovation $3,500,000 5. Smith Center Addition $7,500,000 6. Frank Porter Graham - CDC - Upgrade Elevator $170,000 7. Renovation - $10,000,000

Total $32,488,816

PROJECTS UNDER CONSTRUCTION: 1. Cogeneration Steam Tunnel Rehabilitation Project (Package 3) – $30,000,000 (Funding – University Non-Appropriated/Receipts) Construction began March 2009 and is 51% complete. Project completion is expected in February 2012.

2. Bell Tower Development - $239,510,206 (Funding–Appropriated, University Non-Appropriated Receipts, and Overhead Receipts) Construction began October 2007 and is 60% complete. Project completion is expected in February 2012. 3. Dental Sciences Building – $104,000,000 (Funding – Appropriation and Gifts) Construction began May 2008 and is 48% complete. Project completion is expected in January 2012. 4. Science Complex Phase II – Physical Sciences – $92,500,000 (Funding –University Non-Appropriated) Construction began March 2008 and is 95% complete. Project completion is expected in March 2011. 5. Imaging Research Building Phase 1 – $30,000,000 (Funding – Appropriations) Construction began June 2009 and is 9% complete. Project completion is expected in January 2014.

6. Craige and Ehringhaus Residence Halls Sprinkler System - $5,200,000 (Funding – Repair and Renovations Appropriation and University Non-Appropriated) Construction for Craige began May 2010 and was completed August 2010. Construction at Ehringhaus Residence Hall is scheduled to begin May, 2011. 7. Co-generation Facility Storage Building - $500,000 (Funding - University Non-Appropriated) Construction began May 2010 and is 15% complete. Project completion is expected May 2011.

8. Fetzer Gymnasium Addition (Wrestling) - $3,200,000 (Funding - University Non-Appropriated) Construction began March 2010 and is 90% complete. Project completion is expected December 2010.

9. New Hanger at RDU - $3,200,000 (Funding - University Non-Appropriated) Construction began May 2010 and is 36% complete. Project completion is expected June 2011. Status of Capital Improvement Projects Page 1 of 6 January 1, 2011 4 ATTACHMENT

10. ACC – OR Project - $19,000,000 (Funding - University Non-Appropriated) Construction began December 2009 and is 90% complete. Project completion is expected February, 2011.

11. Kenan Stadium Improvements Phase 2 - $65,000,000 (Funding - University Non-Appropriated) Construction began April 2010 and is 38% complete. Project completion is expected September 2011.

12. Manning Drive Steam Plant Miscellaneous Improvements - $4,000,000 (Funding - University Non-Appropriated) Construction began March 2010 and is 98% complete. Project completion is expected February, 2011.

13. Landfill Gas Recovery Project – $4,000,000 (Funding – University Non-Appropriated/Receipts) Construction began November 2010 and is 5% complete. Project completion is expected in July 2011. 14. SCADA Fiber Optic Routing – $3,800,000 (Funding – University Non-Appropriated/Receipts) Construction began September 2010 and is 60% complete. Project completion is expected in February 2011. 15. Battle Vance Pettigrew Roof Replacement & Exterior Restoration – $1,835,000 (Funding – Repair and Renovations Appropriated) Construction began September 2010 and is 20% complete. Project completion is expected in June 2011.

Status of Capital Improvement Projects Page 2 of 6 January 1, 2011 5 ATTACHMENT PROJECTS IN DESIGN: 1. Imaging Research Building - $250,000,000 (Funding – State Appropriation) Building packages 1 and 2 have been bid and contracts awarded. Final Building Package 3 will be bid in January, 2011. 2. Morehead Planetarium Addition and Renovation - $58,000,000 (Funding – State Appropriation/Gifts) Project has been approved to bid and has SDP from Town of Chapel Hill. Project is on hold pending construction funding. 3. Bingham Facility – $14,700,000 (Funding – University Non Appropriated) Advance planning for renovations to water and wastewater system and Buildings 1 and 2 are in process. 4. Electric Infrastructure Additions - $15,000,000 (Funding – University Non-Appropriated/Receipts) Final review of construction documents for Airport Drive and Homstead Road locations is in process. Estimated bid date is March, 2011. 5. Innovation Center- $20,000,000 (Funding – Gifts) The Special Use Permit was approved by the Town of Chapel Hill and has been recorded. The project is currently on hold. 6. Alternative/Renewable Energy Study – Phase I - $5,300,000 (Funding – University Non-Appropriated/Receipts) Design of landfill gas pipieline system and generator equipment is in process. Biomass Study is in progress and the 500 ton biomass test at Cogen will be scheduled when materials are received. 7. Stormwater Master Planning Study – Phase 1 - $1,000,000 (Funding – University Non-Appropriated/Receipts) Review of Phase I report is in process. 8. School of Law at Carolina North - $5,500,000 (Funding – State Appropriation) Designer selected in November, 2008. Project is waiting design funding. 9. Carolina North Infrastructure – Phase I - $3,000,000 (Funding – State Appropriation) Designer selected in November, 2008. Project is waiting design funding. 10. Old Sanitary Landfill Remediation at Carolina North - $500,000 (Funding – State Appropriation) Designer selected in November, 2008. Project is waiting design funding. 11. Wilson Library Egress – $1,825,032 (Funding – COPS Repair and Renovations ) The University has received a grant from NEH to provide fire sprinklers for the North Carolina Collection. Contractors have been pre-qualified and the estimated bid date for the Phase I – Fire Sprinkler scope is January, 2011. 12. Railroad Sidings - $3,000,000 (Funding – University Non-Appropriated) The programming and site feasibility report is complete and the draft report received. 13. South Columbia Road Improvements - $1,400,000 (Funding – University Non-Appropriated) Phase III improvements south of Health Sciences Library will be implemented with Dental Sciences project. 14. Avery, Parker, and Teague Residence Halls Sprinkler System - $260,000 (Funding – Repair and Renovations Appropriation and University Non-Appropriated) Design documents are complete and the project will bid to pre-qualified contractors in February 3, 2011.

Status of Capital Improvement Projects Page 3 of 6 January 1, 2011 6 ATTACHMENT

15. Rizzo Center Phase III - $36,000,000 (Funding – Gifts) The Special Use Permit application to the Town of Chapel Hill was submitted in November, 2010. Design development documents will be submitted in February, 2011. 16. Renovations to Mary Ellen Jones Building - $32,000,000 (Funding – University Non-Appropriated) Schematic design is complete and project is on hold waiting funding. 17. Medical Education Building - $1,000,000 (Funding – University Non-Appropriated) Designer has prepared options and cost estimates for School of Medicine. Project is waiting design funding. 18. Carrington Hall Renovation - $250,000 (Funding –Repair and Renovations) Programming study is complete and project is waiting design funding. 19. Student Recreation Center and Fetzer Gymnasium Roof Replacement - $2,900,000 (Funding – Repair and Renovations) Construction documents are complete and in review. Construction will be funded by 2010 Repair and Renovations. 20. Knapp – Sanders Hall Second and Third Floor HVAC Replacement Study - $600,000 (Funding – Repair and Renovations) Construction documents are complete and project is waiting construction funding. 21. Davis Library – 1st and 2nd Floor renovations -$450,000 (Funding – Repair and Renovations) Programming is complete and project is waiting construction funding. 22. Davis Library Elevator Renovation - $1,100,000 (Funding – Repair and Renovations) Elevator design is underway.

23. Finley Club House Improvements - $1,000,000 (Funding – University Non-Appropriated) Bid will be received in Spring, 2011. ZCP application is in process. 24. Frank Porter Graham Studen Union – Renovation - $7,500,000 (Funding – University Non-Appropriated) Design Development is in process. BOT approved Construction Manager at Risk n May, 2010. Estimated bid date for Phase I is January, 2011. Phase II design is in process.

25. Lenoir Hall Renovation - $5,000,000 (Funding – University Non-Appropriated) Design of Phase II is in process. Bids for Phase I were received on January 4, 2011. 26. Renovation– Phase II - $ 4,600,000 (Funding – University Non-Appropriated Design development is in process. Estimated bid date is January, 2011.

27. Mary Ellen Jones Hot Water Heater Replacement - $500,000 (Funding – Repair and Renovations) Bids were received in December, 2010. Award is in progress.

28. Raleigh Street Stormwater Pipe Repair - $355,000 (Funding – Repair and Renovations) Construction documents have been submitted and are in review. Estimated bid date is February, 2011.

29. Kenan Laboratories Renovations - $1,900,000 Status of Capital Improvement Projects Page 4 of 6 January 1, 2011 7 ATTACHMENT (Funding- University Non-Appropriated Project has been advertised for designer services.

30. Odum Village – Fire Sprinklers - $750,000 (Funding – University Non-Appropriated Project has been advertised for designer services.

Status of Capital Improvement Projects Page 5 of 6 January 1, 2011 8 ATTACHMENT

SUMMARY OF MAJOR CAPITAL IMPROVEMENT ACTIVITY: No. of Projects Dollar Value Completed since 7/2010 7 $ 32,488,816 Under Construction 15 $ 605,745,206 In Design 30 $ 474,190,032 HISTORICAL RECORD OF ACTIVITY: UNDER CONSTRUCTION IN DESIGN Date No. of Projects Dollar Value No. of Projects Dollar Value Dec. 1983 10 $ 62,326,000 8 $ 18,645,000 Jun. 1984 10 $ 66,858,320 11 $ 14,956,950 Oct. 1984 13 $ 77,924,820 16 $ 28,455,450 Jun. 1985 15 $ 75,753,450 18 $ 57,302,500 Feb. 1986 13 $ 67,684,000 30 $190,990,620 Aug. 1986 11 $ 61,093,000 25 $191,213,620 Feb. 1987 14 $ 39,924,000 27 $183,061,220 Aug. 1987 13 $ 26,817,520 25 $210,316,100 Feb. 1988 12 $ 42,354,520 26 $222,477,900 Aug. 1988 14 $ 61,721,870 34 $254,328,430 Feb. 1989 15 $157,882,770 40 $168,321,630 Aug. 1989 20 $158,003,370 29 $170,550,730 Feb. 1990 18 $153,331,770 34 $174,785,500 Aug. 1990 14 $161,479,980 29 $165,398,600 Feb. 1991 10 $191,489,780 26 $147,486,500 Aug. 1991 11 $202,564,380 28 $132,000,800 Jan. 1992 9 $193,656,480 31 $123,015,800 Aug 1992 16 $196,850,380 25 $132,470,400 Jan 1993 15 $178,790,400 27 $137,062,000 July 1993 9 $ 91,072,000 21 $121,141,100 Jan 1994 6 $ 90,707,300 33 $154,615,300 July 1994 15 $101,999,300 28 $147,370,700 Jan 1995 13 $ 66,320,700 52 $175,385,600 July 1995 14 $101,192,800 46 $164,311,800 Jan 1996 11 $ 89,901,800 67 $246,980,600 July 1996 17 $ 92,701,100 61 $299,168,300 Jan. 1997 19 $131,072,400 63 $282,872,700 July 1997 37 $235,425,600 44 $223,235,350 Jan 1998 33 $158,837,100 50 $278,691,575 July 1998 36 $183,705,300 43 $285,946,375 Jan 1999 26 $153,298,200 42 $314,955,275 July 1999 20 $175,689,300 44 $374,499,175 Jan 2000 18 $173,787,000 38 $380,677,875 July 2000 20 $171,732,100 44 $402,994,475 Jan 2001 20 $265,311,575 56 $255,342,400 July 2001 30 $277,577,875 57 $509,245,260 Jan 2002 28 $282,315,475 51 $533,569,700 July 2002 25 $297,186,000 51 $533,569,700 Jan 2003 18 $246,220,200 52 $700,266,390 July 2003 15 $239,095,165 58 $677,135,478 Jan 2004 18 $345,073,797 59 $607,602,868 July 2004 24 $435,597,765 61 $837,011,823 Jan 2005 32 $540,484,649 77 $997,282,175 July 2005 42 $604,951,066 62 $848,018,466 Jan 2006 39 $606,059,278 50 $681,154,808 July 2006 36 $753,387,157 55 $697,916,808 Jan 2007 39 $493,513,761 60 $729,086,980 July 2007 38 $559,519,076 50 $586,321,980 Jan 2008 29 $510,723,322 46 $733,693,000 July 2008 27 $570,815,114 51 $715,328,000 Jan 2009 25 $429,973,546 47 $906,213,000 July 2009 24 $633,089,281 40 $577,740,422 Jan 2010 18 $600,252,605 22 $409,120,032 July 2010 18 $618,429,022 32 $539,620,032 Jan 2011 15 $605,745,206 30 $474,190,032

During the same period we have completed 450 major capital improvement projects with a total in-place cost of $2,732,723,570.

Status of Capital Improvement Projects Page 6 of 6 January 1, 2011 9 TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 3/21/2011 AGENDA #2 EXECUTIVE SUMMARY

Title of Agenda Item: Public Hearing: Inter Faith Council Community House Men’s Transitional Housing Facility, 1315 Martin Luther King Jr. Boulevard – Application for Special Use Permit. (File No. 9880-21-3142)

Council Goal: Maintain and Improve Community Facilities and Services

Background: Tonight, the Council opens a public hearing regarding a Special Use Permit application, which proposes to construct a 2-story shelter with 52 beds, 16 vehicular parking spaces, office and clinic space.

Fiscal Note: No fiscal impact is determined at this time.

Recommendations: That the Council open the public hearing and receive evidence on the application.

ATTACHMENTS: Viewing attachments may require Adobe Acrobat. Manager's Cover Memorandum Staff Public Hearing Memorandum Staff Report Resolution A Resolution B Summary of Town Council and Community Design Commission Concept Plan Review Comments and Applicant’s Responses Combined Advisory Board Summaries of Action Resident Comments and Suggested Stipulations Forwarded at the Request of the Planning Board, January 4, 2011 Recommended Planning Board Shelter Guidelines, Dated November 16, 2010 Traffic Impact Analysis Exemption Applicant’s Materials, Including Developer’s Statement, Statement of Justification, Project Fact Sheet, Reduced Plans, IFC Community House Information, IFC Community Discussion, Crime Analysis Around Current Shelter Location, Crime Analysis Around Prop Resident Suggested Stipulations, Dated March 10, 2011 Combined Resident Correspondence Regarding Shelter Related Activities, Dated August 14, 2009 to 2011 Resident Petition Opposed to IFC Men’s Shelter, Dated October 9, 2010 Northern Area Task Force – Focus Area 4 Information and Map Area Map

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MEMORANDUM

TO: Mayor and Town Council

FROM: Roger L. Stancil, Town Manager

SUBJECT: Public Hearing: Inter Faith Council Community House Men’s Transitional Housing Facility, 1315 Martin Luther King Jr. Boulevard – Application for Special Use Permit (File No. 9880-21-3142)

DATE: March 21, 2011

PURPOSE

Tonight, the Council opens a public hearing regarding a Special Use Permit application to construct the Community House Men’s Shelter. The proposed 2-story shelter would have 52 beds, 16 vehicular parking spaces, office and clinic space. At tonight’s public hearing, the Council will receive evidence in support of and in opposition to the application.

DISCUSSION

On January 11, 2010 the Council enacted a text amendment that revised the definition of shelters and classified a shelter as a Special Use. During that meeting the Council also directed the Planning Board to provide the Council with recommended shelter guidelines. The Planning Board recommendation regarding shelter guidelines was transmitted to the Council at the January 19, 2011 meeting. The Council’s discussion on this matter continued on March 14, 2011.

MANAGER’S PRELIMINARY RECOMMENDATION

I recommend the Council open the public hearing and receive evidence on the proposed Special Use Permit. We will return to the Council with recommendations for action after the hearings have been reconvened.

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MEMORANDUM

TO: Roger L. Stancil, Town Manager

FROM: J. B. Culpepper, Planning Director Gene Poveromo, Development Manager Phil Mason, Principal Planner

SUBJECT: Public Hearing: Inter Faith Council Community House Men’s Transitional Housing Facility, 1315 Martin Luther King Jr. Boulevard – Application for Special Use Permit (File No. 9880-21-3142)

DATE: March 21, 2011

INTRODUCTION

Attached for your consideration is an application for a Special Use Permit, submitted by the Inter Faith Council (IFC). The site is located at 1315 Martin Luther King Jr. Boulevard at the corner of Martin Luther King Jr. Boulevard and Homestead Road and is identified as Orange County Parcel Identifier Number 9880-21-3142. The property is zoned Office/Institutional-2.

Tonight’s public hearing has been scheduled to receive evidence in support of and in opposition to approval of the Special Use Permit application.

DESCRIPTION OF THE APPLICATION

The application proposes to construct a 2-story, 16,250 square-foot transitional men’s shelter facility to accommodate 52 beds, office and clinic space. The application proposes to provide 16 vehicular parking spaces. The 1.8-acre site is located at 1315 Martin Luther King Jr. Boulevard, at the corner of Martin Luther King Jr. Boulevard and Homestead Road. Vehicular and pedestrian access is proposed through the adjacent United Church site. Pedestrian access is also proposed to Martin Luther King Jr. Boulevard.

DISCUSSION

The following key issue related to this project, was identified during staff and advisory board review:

1. Consideration of Shelter Guidelines: The Council requested that the Planning Board develop shelter guidelines on January 11, 2010 with clarification provided June 21, 2010. The Planning Board recommended shelter guidelines were transmitted to the Council on January 19, 2011. Discussion was continued to the March 14, 2011 Council meeting.

Staff Comment: The Concept Plan for the IFC Men’s Shelter was initiated before the Council charged the Planning Board with developing draft shelter guidelines. The applicant submitted a Special Use Permit on June 21, 2010. The Council enacted a Land Use Management Ordinance 12

(LUMO) Text Amendment regarding shelters on January 11, 2010 and also asked the Planning Board to develop guidelines for their consideration.

The Planning Board finalized their recommended shelter guidelines on November 16 then reviewed the Special Use Permit application on January 4, 2011. The Board transmitted the draft shelter guidelines to Council on January 19. The Board used the draft guidelines to inform their review and recommended stipulations for the IFC application.

We suggest the Council consider a process of review that allows for a timely discussion and decision regarding the pending SUP application and the draft guidelines. The Council could choose to 1) defer action on the guidelines until after the Special Use Permit process is complete or 2) complete the review and adoption of the shelter guidelines and defer action on the Special Use Permit. If the Council chooses the second option, the shelter guidelines would be considered in the course of approving the Special Use Permit application.

Prior to the public hearing a Council Member asked several questions about the proposed arrangement between the University, the Town and the Inter Faith Council:

1. Is there a lease agreement between UNC and the Town for the property at Homestead Road and MLK?

Staff Response: There is no lease agreement between the University and the Town for the site proposed for the IFC Community House near the intersection of Martin Luther King Jr. Blvd. and Homestead Road.

2. Is there a "sub-lease" agreement between the Town and the IFC at $1/year for the Community House?

Staff Response: There is no sub-lease agreement between the Town and the IFC for this location.

3. Why can't IFC lease directly from UNC? Why is the Town the sublessor?

Staff Response: The University has indicated that it is willing to lease the property to the Town for the purpose of the Town subleasing the property to the IFC. This question has been forwarded to the University and to the IFC for any further response they wish to provide.

4. Can the Town enter into a sublease or lease agreement with another entity for greater than 10 years without having first had an open bid process?

Staff Response: The Town Attorney has advised that the Town is not required to go through “an open bid process” before it leases or subleases property for more than 10 years to the IFC for this purpose.

5. How does this all work with the timing of the SUP for the IFC? 13

Staff Response: The Council is considering the special use permit application for the IFC Community House at this time. If the permit were to be issued, the IFC would then need to control the property currently owned by UNC before proceeding. If the Town were involved in this process, as noted in response to question 3 above, the Town Council would consider appropriate terms and conditions for any agreements and sublease. These matters would be considered in a public meeting of the Council and duly advertised.

6. How long is an open bid process for the subleased land?

Staff Response: Not applicable. See answer to 4, above.

PROCESS

The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit 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, evaluated it against Town standards, and presented a report to the Planning Board. Tonight we submit our report and preliminary recommendation to the Council.

EVALUATION OF THE APPLICATION

All information submitted at the hearing this evening will be included in the record of the hearing. Based on the evidence that is submitted, the Council will consider whether or not it can make the necessary findings for the approval of 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;

Finding #2: That the use or development would comply with all required regulations and standards of the Land Use Management Ordinance;

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; and

Finding #4: That the use or development conforms to the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

Following the public hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.

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ADVISORY BOARD RECOMMENDATIONS

Planning Board: The Planning Board met on January 4, 2011 and voted 9-0 to recommend that the Council approve the Special Use Permit application with Resolution A with the following changes:

• Alternative Buffer Approval: That the stipulation requiring Community Design Commission review be revised to include alternative landscape buffer approval.

Staff Comment: This is a standard requirement for Community Design Commission approval of alternative buffers and it has been included in Resolution A.

• Good Neighbor Plan: Require the applicant to provide a Good Neighbor Plan1 with input from all stakeholders regarding the proposed facility and resident activities.

Staff Comment: The Planning Board considered the IFC application before the Board’s recommended shelter guidelines were forwarded to the Council. One of the elements of the Planning Board’s recommended shelter guidelines is a Good Neighbor Plan. We agree with this recommendation for the applicant to provide a Good Neighbor Plan. Resolution A has been revised accordingly.

• Additional Attached Comments: The Planning Board recommended that a list of resident comments about the advisory board memorandum (and attachments) and proposed revisions to Resolution A, be attached to the Summary of Planning Board Action and transmitted to the Council Public Hearing memorandum.

Staff Comment: This additional information is attached.

Community Design Commission: The Community Design Commission met on January 26, 2011 and voted 11-0 to recommend that the Council approve the Special Use Permit application with Resolution A, with the following changes:

• Good Neighbor Plan: Require the applicant provide a Good Neighbor Plan with input from all stakeholders regarding the proposed facility and resident activities, as recommended by the Planning Board.

Staff Comment: This is the same recommendation as made by the Planning Board, see above.

• Bicycle Parking: Require the applicant to provide dimensioned details for 20 bicycle parking spaces rather than 10 spaces.

Staff Comment: We do not agree with this recommendation to increase the number of bicycle parking spaces. The Ordinance requires a minimum of 6 bicycle parking spaces. Town standard

1 A Good Neighbor Plan is a plan with strategies and reporting mechanisms for a shelter to minimize impacts on the surrounding neighborhood and community. The plan is devised with the input of neighbors and other stakeholders. For more detail please refer to the recommended Planning Board shelter guidelines and Resolution A. 15

bicycle racks are the inverted ‘U’ rack design. The applicant originally proposed 10 bicycle parking spaces. The applicant subsequently told the advisory boards that a local bicycle shop would donate 2 “comb racks” to accommodate a total of 20 bicycles. Comb style bicycle racks do not meet Town design standard for bicycle parking and we do not recommend them. Rather, we recommend that the applicant provide dimensioned details for 10 bicycle parking spaces and meet Town Standard by providing inverted ‘U’ racks. The bicycle parking design must comply with the spring 2002 Association of Pedestrian and Bicycle Professionals Guidelines, and the Town Design Manual. Resolution A has been revised accordingly.

• Motorcycle / Scooter Parking: Require that the applicant provide 4 motorcycle / scooter parking spaces.

Staff Comment: Motorcycle and Scooter parking is not an Ordinance requirement. However, we understand that these modes of transportation are used increasingly for economic and other reasons. Additionally, the applicant has agreed to this recommendation. We therefore agree with this recommendation to require 4 dedicated motorcycle/scooter parking spaces. Resolution A has been revised accordingly.

A Summary of the Community Design Commission Action is attached to this memorandum.

Transportation Board: The Transportation Board met on January 13, 2011 and voted 8-0 to recommend that the Council approve the Special Use Permit application with Resolution A, with the following changes:

• Bicycle Parking: Require the applicant to provide dimensioned details for 20 bicycle parking spaces rather than 10 spaces.

Staff Comment: This is the same recommendation as made by the Community Design Commission, see above.

• Motorcycle / Scooter Parking: Require the applicant to explore opportunities of providing onsite parking for motorcycles and motor scooters.

Staff Comment: This is the same recommendation as made by the Community Design Commission, see above.

A Summary of Transportation Board Action is attached to this memorandum.

Bicycle and Pedestrian Advisory Board: The Bicycle and Pedestrian Advisory Board met on January 25, 2011 and voted 9-0 to recommend that the Council approve the Special Use Permit application with Resolution A, with the following changes:

• Bicycle Parking: Require the applicant provide dimensioned details for 20 bicycle parking spaces with an exemption to bicycle rack standards.

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Staff Comment: This is the same recommendation as made by the Community Design Commission, see above.

• Bicycle and Pedestrian Signage: That the applicant provide “Watch for Pedestrians and Cyclists” or other appropriate signage on the driveway for vehicular traffic.

Staff Comment: We do not agree that pedestrian and bicycle signage should be provided as this signage is not required by Ordinance. Furthermore, it is not standard practice nor would the level of activity warrant such signage.

STAFF RECOMMENDATION

Preliminary Staff Recommendation: Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. Our preliminary recommendation is that the Council open the Public Hearing and receive evidence in support of and in opposition to the Special Use Permit application. We will return to the Council with a recommendation for action after the Council receives evidence this evening and reconvenes the hearing.

SUMMARY

Subsequent to the Advisory Board meetings, the following changes have been incorporated into Resolution A:

• Good Neighbor Plan: A new stipulation requiring that the applicant provide a Good Neighbor Plan, to be approved by the Town Manager, with input from all stakeholders regarding the proposed facility and resident activities. • Motorcycle/Scooter Parking: A new stipulation requiring 4 dedicated motorcycle and scooter parking spaces. • Alternative Buffer Approval: A revised stipulation requiring Community Design Commission review to include alternative landscape buffer approval.

We have attached Preliminary Drafts of Resolution A and Resolution B to this memorandum. Resolution A, to approve the application, includes standard conditions of approval as well as specific conditions, incorporating input from all Town departments involved in the review of this application.

Resolution B would deny the application. 17

IFC Community House Men’s Shelter - Special Use Permit DIFFERENCES AMONG RECOMMENDATIONS

Community Bike & Ped ISSUES Staff’s Planning Trans Design Advisory Resolution A Preliminary Board Board Commission Board CDC Approval of Alternative Yes Yes * * * Landscape Buffers Provide Good Yes Yes * Yes * Neighbor Plan Bicycle Parking 10 Spaces 10 Spaces 20 Spaces 20 Spaces 20 Spaces Explore Additional Parking for 4 Spaces * Yes 4 Spaces 4 Spaces Motorcycles / Scooters Bicycle and No * * * Yes Pedestrian Signage *Not discussed Matrix Prepared March 10, 2011

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PROJECT FACT SHEET REQUIREMENTS Check List of Regulations and Standards - Special Use Permit Application IFC Community House Men’s Shelter STAFF EVALUATION

SPECIAL USE PERMIT COMPLIANCE NONCOMPLIANCE

ü (With Approval of a Use Permitted Special Use Permit) Minimum Gross Land Area ü Minimum Lot Width ü Maximum Floor Area ü Minimum Recreation Space N/A Impervious Surface Limits N/A Affordable Housing N/A Minimize Land Disturbance in RCD N/A Minimum # Vehicular Parking Spaces ü Maximum # Vehicular Parking Spaces ü Minimum # Bicycle Parking Spaces ü Minimum # Loading Spaces ü Minimum # Handicapped Spaces ü Maximum # Dwelling Units N/A Minimum Street Setbacks ü Minimum Interior Setback ü Minimum Solar Setback ü Maximum Height Limit ü ü (with alterative buffer Minimum Landscape Bufferyards approval) Steep Slopes N/A Parking Lot Screening ü Public Water and Sewer ü Adequate Public School Facilities N/A N/A = Not Applicable Prepared: February 24, 2011

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ATTACHMENT 1

STAFF REPORT

SUBJECT: Public Hearing: Inter Faith Council Community House Men’s Transitional Housing Facility, 1315 Martin Luther King Jr. Boulevard – Application for Special Use Permit (File No. 9880-21-3142)

DATE: March 21, 2011

INTRODUCTION

Attached for consideration is an application for a Special Use Permit, submitted by the Inter Faith Council (IFC). The application proposes to construct a 2-story, 16,250 square-foot shelter with 52 beds, 16 vehicular parking spaces, office and clinic space. The shelter also proposes space for housing up to 17 additional people on an emergency basis. The 1.8-acre site is identified as Orange County Lot Identifier Number 9880-21-3142 and is located at 1315 Martin Luther King Jr. Boulevard, at the corner of Martin Luther King Jr. Boulevard and Homestead Road. Vehicular and pedestrian access is proposed through the adjacent United Church site.

BACKGROUND

January 14, 2008 Northern Area Task Force Report adopted as a component of the Comprehensive Plan by Town Council.

May 5, 2008 UNC Chancellor James Moeser and Mayor Kevin Foy announce partnership and Homestead Road site offered for IFC Community House Men’s Shelter.

June 17, 2009 Community Design Commission Concept Plan Review of the project.

October 19, 2009 Town Council Concept Plan Review of the project.

January 11, 2010 Town Council enacted a Land Use Management Ordinance text amendment for definition of shelter. Council petition for Planning Board to study shelter guidelines and offer recommendations to the Council.

July 6, 2010 Formal Special Use Permit application submitted.

November 16, 2010 Planning Board shelter guidelines recommendations completed for Council. Background information regarding the Planning Board’s work.

January 10, 2011 Town Council scheduled to receive the Planning Board shelter guidelines recommendations.

Shelter Guidelines: The Council requested that the Planning Board develop shelter guidelines on 20

January 11, 2010 with clarification provided June 21, 2010. The Planning Board recommendation regarding shelter guidelines was transmitted to the Council at their January 19, 2011 meeting. Discussion was continued to the March 14, 2011 Council meeting.

EXISTING DEVELOPMENT

Location and Surrounding Neighborhood: The 1.8-acre site is located at 1315 Martin Luther King Jr. Boulevard in the Office/Institutional-2 zoning district, at the corner of Martin Luther King Jr. Boulevard and Homestead Road. Adjacent uses and zoning are as follows:

• North: United Church of Chapel Hill (Residential-3-Conditional Zoning). • East: Martin Luther King, Jr. Boulevard right-of-way, Grainger Lane single-family development (Residential-2 Zoning) and Orange United Methodist Church (Residential- 3-Conditional Zoning). • South: Homestead Road right-of-way, Station at Homestead retail center (Neighborhood Commercial zoning), Brookstone multifamily development (Residential-4 zoning). • West: UNC printing facility, Office/Institutional-2.

Grainger Lane is the nearest residential use, approximately 120 feet east of the site, across Martin Luther King Jr. Boulevard; Chapel View is approximately 550 feet to the south of the site, across Homestead Road. Other nearby uses and neighborhoods are the Northern Community Park, North Forest Hills, Rainbow Heights public housing and Parkside subdivision.

Existing Structures: The 1.8-acre development site is owned by the State of North Carolina, which proposes to lease it to the Town who in turn proposes to lease it to the Inter Faith Council. It is part of a larger 12.5-acre lot on which there is an existing UNC printing facility. The site was formerly owned by Duke Energy and used for an electrical substation. The 1.8-acre site that is part of this Special Use Permit application is currently undeveloped.

Vehicular, Bicycle, and Pedestrian Circulation: There is no vehicular, pedestrian, or bicycle access into the 1.8-acre site currently.

Transit Bus Stops, Routes: The site is served by public transit stops on Homestead Road, and Martin Luther King Jr. Boulevard. On weekdays Homestead Road is served by the A route with no service on weekends. On weekdays Martin Luther King Jr. Boulevard is served by the A, NS, T routes with T route service on weekends.

Vegetative Cover, Significant Trees: There are 75 mixed hardwood and softwood trees on the 1.8-acre site, 30 of which are specimen trees (as defined in section 5.7.6 of the Land Use Management Ordinance), principally pines.

Topography, Drainage: The site slopes downward to the east at an average grade of 4.6% across most of the site and is approximately a 10% grade in a small area along Martin Luther King Jr. Boulevard. The site is not located in the Watershed Protection District or Resource Conservation District.

Utilities, Infrastructure: There are OWASA public sewer and waterlines north of the United

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Church’s property and in the Martin Luther King Jr. Boulevard right-of-way respectively. There are overhead electrical utility lines in the Martin Luther King Jr. Boulevard right-of-way.

Off-site: The United Church is located on the adjacent property, to the north of the development site, with parking and access from Martin Luther King, Jr. Boulevard. The applicant is proposing to share pedestrian and vehicular access with the United Church as well as build six additional parking spaces to replace displaced church parking due to driveway construction associated with the IFC Community House.

PROPOSED DEVELOPMENT - EVALUATION

Inter Faith Council Community House Men’s Shelter This project proposes to construct a 2-story, 16,250 square-foot transitional men’s shelter with 52 beds, 17 emergency “white flag night1” accommodations, office and clinic space, and 16 vehicular parking spaces. Principal vehicular access to the site is proposed from a shared existing driveway from Martin Luther King Jr. Boulevard on the United Church of Chapel Hill’s property. Pedestrian access is proposed from the United Church’s driveway and a walkway connecting to Martin Luther King Jr. Boulevard. Ten bicycle parking spaces are proposed to be located near the main entrance to the building.

We note that the proposed Community House Men’s Shelter is referred to by the applicant as a transitional housing facility and is distinct from the current emergency shelter at the Old Municipal Building at 100 West Rosemary Street in downtown Chapel Hill. The proposed Community House is a “service-enriched” facility in a dormitory-like setting that is geared towards rehabilitation and offers residents a dining room, counseling services, meeting areas, offices and free medical/dental/psychiatric clinic. The applicant has indicated that Project Homestart residents may use some of these services. The intent of the program is to end homelessness and transition residents back into the community. The IFC says that Community House residents will be required to be alcohol and drug free.

The proposed Community House will also provide emergency shelter spaces for up to 17 men on “white flag nights” (severe weather conditions) and for other emergency circumstances. Cots are proposed for these over-flow accommodations on the first floor. This is a supplementary service that the Inter Faith Council proposes to provide but the transitional housing is the main focus of the proposed facility.

Additionally, there are discussions underway that may result in local congregations and emergency management facilities volunteering to share the responsibility of housing emergency shelter population on “white flag nights.” The outcome of these discussions is not yet known but there remains the possibility that the Community House may not provide emergency shelter accommodations. However, the Inter Faith Council would like to maintain the option of keeping 17 spaces for emergency purposes. IFC representatives have also offered the Community House

1 White flag night: When a homeless shelter makes emergency accommodation for additional persons due to extreme weather conditions. These conditions may be particularly hot or cold, for example.

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facility as a possible site to be used by the Orange County Emergency Management Team during a local or natural disaster (hurricane, flood, tornado etc.)

Planning Board Shelter Guideline Recommendations There is currently a process underway, whereby the Town Council requested on January 11, 2010 that the Planning Board produce shelter development guidelines. Background information was provided to the Planning Board at the November 2 and November 16 Board meetings. The applicant and members of the public participated in the Planning Board’s Committee Shelter Guidelines’ meetings. The Planning Board completed that process at their November 16 meeting and made Shelter Guideline recommendations to the Council January 19. Discussion on the guidelines was continued to the March 14, 2011 Council meeting.

The Planning Board reviewed the Inter Faith Council’s Special Use Permit application on January 4, 2011 and recommended that the applicant be required to provide a Good Neighbor Plan, which is one of the elements of the recommended shelter guidelines. A stipulation to this effect is included in Resolution A.

The Town staff has reviewed this application for compliance with the themes from the Comprehensive Plan, the standards of the Land Use Management Ordinance, and the Design Manual, and offers the following evaluation:

Comprehensive Plan: The following are themes from the Comprehensive Plan:

1. Maintain the Urban Services/Rural Buffer boundary; 2. Participate in the regional planning process; 3. Conserve and protect existing neighborhoods; 4. Conserve and protect the Town’s existing natural setting; 5. Identify areas where there are creative development opportunities; 6. Encourage desirable forms of non-residential development; 7. Create and preserve affordable housing opportunities; 8. Cooperatively plan with the University of North Carolina at Chapel Hill; 9. Promote the vitality of downtown; 10. Work toward a balanced transportation system; 11. Complete the bikeway/greenway/sidewalk systems; 12. Provide quality facilities and services; and 13. Develop strategies to address fiscal issues.

For additional information on how this proposed development addresses these and other goals, objectives, and strategies of the Comprehensive Plan, please refer to the applicant’s Statement of Justification, part of the attached combined application materials, as well as the attached materials provided as part of the public comment on the application.

We believe an argument can be made that this application is furthering the Comprehensive Plan goal of providing housing to all segments of the community. Further evidence will be received at the Public Hearing.

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Land Use Plan: The Land Use Plan, a component of the Comprehensive Plan, designates the subject site as mixed-use office emphasis. We believe this proposed use is consistent with the Land Use Plan designation.

Northern Area Task Force Report: The Northern Area Task Force Report was adopted by the Town Council on January 14, 2008 as a component of the Comprehensive Plan and applies to this property.

The Northern Area Task Force Report identifies this site within Focus Area 4, the Homestead Road area (Attachment 12). The recommended development concept for this area is mixed use/office emphasis.

The report includes several recommendations for this larger focus area including suggestion for transit-oriented development with a residential focus. However, at the intersection of Martin Luther King Jr. Boulevard and Homestead Road, the report suggests identification as a hub with inclusion of a focal community space with supporting neighborhood retail. We believe this proposal, located approximately 440 feet north of the intersection, is consistent with the broad mixed-use designation.

We think the development, as submitted, is in compliance with the broad goals of the Comprehensive Plan and the Northern Area Task Force Report.

Concept Plan/Special Use Permit Application Comparison Concept Plan proposals for this project were reviewed by the Community Design Commission on July 17, 2009, and by Town Council on October 19, 2009.

Please see the attached summary of Town Council and Community Design Commission Concept Plan review comments and applicant’s responses for additional information.

IFC Community House Men’s Shelter Concept Plan / Special Use Permit Application Comparison July 17, 2009 Community October 19, 2009 Special Use Permit

Design Council Application Commission Total Proposed Floor Area 16,000 s.f. 16,000 s.f. 16,250 s.f. Proposed Vehicular Parking 18 18 16 Spaces Proposed Bicycle Parking Not Identified Not Identified 10 Spaces Proposed Number of Beds 50 50 52

Ordinance Requirements Zoning: The proposed shelter use is allowed in the Office/Institutional-2 zoning district contingent on Special Use Permit approval based on the associated findings.

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Definition of Shelter from the Land Use Management Ordinance: The proposed development complies with the definition of shelter, as amended by the Town Council January 11, 2010. As indicated in the definition, the number of occupants (including emergency “white flag nights” occupants) will be determined during the Special Use Permit process, a quasi-judicial proceeding for the particular application. The definition of shelter is as follows:

“A building or group of buildings owned or operated by a non-profit organization intended to be used solely for temporary occupancy of homeless persons, with on-site supervision during all hours of operation, with or without board for the occupants and staff of the shelter. The number of homeless persons permitted to occupy a shelter shall be established by special use permit and based on the findings required for the special use permit.”

Please refer to the Special Use Permit findings section for additional information.

Intensity Standards (floor area): The applicant is proposing a total of 16,250 square feet of floor area and is therefore in compliance with the maximum floor area of 20,938 square feet allowed.

Dimensional Standards (setbacks): The Office/Institutional-2 zoning district requires a 22-foot street setback, 8-foot interior setback, and 9-foot solar setback. The applicant is proposing setbacks that would comply with the standards in the Land Use Management Ordinance.

Dimensional Standards (height): The Office/Institutional-2 zoning district requires primary and secondary building heights of 34 feet and 60 feet respectively. The applicant is proposing primary and secondary building heights of 22 feet and 44 feet respectively and is therefore in compliance with the standards in the Land Use Management Ordinance.

Affordable Housing The application proposes to provide transitional housing for homeless men. The Inclusionary Zoning provisions do not apply to the proposed use.

Access and Circulation Traffic Impact: The proposed project was exempted from a Traffic Impact Analysis in accordance with Town guidelines. We believe there will be no significant traffic impact on the surrounding street network for this proposed redevelopment project. The proposed development is expected to generate 150 new vehicle trips per day.

Street Improvements: The applicant is not proposing street improvements on the Martin Luther King, Jr. Boulevard frontage of the site. Existing street infrastructure includes a divided four lane road with sidewalks, bike lanes, and median on the Martin Luther King, Jr. Boulevard frontage. The Homestead frontage has a two lane road with sidewalks on both sides. There are also left turn lanes on both roads and a signalized intersection. We do not believe the nature and scale of the proposed development necessitate street improvements.

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Public Bus Stops, Routes: The site is served by public transit with bus stops on both the Martin Luther King, Jr. Boulevard and Homestead Road frontages. There are 4 existing bus stops near the site, 2 within approximately one-quarter mile and 2 within approximately one-eighth mile. For additional information please refer to the Existing Conditions section. The applicant is not proposing to provide transit improvements nor do we recommend such improvements.

Vehicular Access: Principal vehicular access to the site is proposed from a shared existing driveway from Martin Luther King Jr. Boulevard on the United Church of Chapel Hill’s property. The applicant is proposing a connecting driveway with an accompanying sidewalk to the development site from United Church’s driveway. The IFC is proposing 6 parking spaces along the proposed connecting driveway to the IFC site, to replace displaced parking spaces on the church’s property. These six parking spaces are to be used by the church and are not included in the 16 proposed parking spaces by the IFC. These adjustments to the adjacent property will an Administrative Zoning Compliance Permit approval prior to beginning the work.

Vehicular Parking: The minimum parking requirement for this proposed development is 16 off- street vehicular parking spaces; the maximum vehicular parking requirement is 25 parking spaces. The Special Use Permit application is proposing 16 parking spaces, including one van- accessible handicapped space on the site. We have included a stipulation to require a minimum of 16 vehicular parking spaces and to authorize a maximum of 25 parking spaces in Resolution A.

Motorcycle and Scooter Parking: The Community Design Commission and the Bicycle and Pedestrian Advisory Board recommended that the applicant provide 4 additional parking spaces for motorcycles and scooters, and the Transportation Board recommended that the applicant explore parking opportunities for motorcycles and scooters. Motorcycle and Scooter parking is not an Ordinance requirement. However, we understand that these modes of transportation are used increasingly for economic and other reasons. Additionally, the applicant has agreed to this recommendation. We therefore agree with the recommendation and have revised Resolution A to require 4 parking spaces for motorcycles and scooters.

Handicapped Parking and Access: The applicant must comply with Americans with Disabilities Act standards, North Carolina Building Code, American National Standards Institute (ANSI) Code, and Town standards for handicapped parking and access. The applicant is proposing to meet this requirement by providing one van accessible handicapped parking space, which would meet various code requirements. We have included a stipulation to this effect in Resolution A.

Pedestrian Access: Pedestrian access is proposed from a sidewalk along the north side of the Church’s driveway connected to the IFC site by a proposed crosswalk and sidewalk on the west side of the IFC driveway. There is also a proposed walkway connecting directly to Martin Luther King Jr. Boulevard.

Cross Access Easement: Prior to issuance of a Zoning Compliance Permit, a plat must be approved by the Town Manager and recorded at the Orange County Register of Deeds. The plat must include an off-site cross-access easement that accommodates pedestrian and vehicular connections between the United Church and the proposed Inter Faith Council Community House

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Men’s Shelter site. Notes to this effect shall be placed on all plats and final plans. We have included a stipulation to this effect in Resolution A.

Bicycle Parking: New bicycle parking standards were adopted on September 27, 2010. The Land Use Management Ordinance requires a minimum of 4 bicycle parking spaces and an additional one space per ten employees. The proposed IFC shelter would have 6 full-time staff and an additional 8 part-time and intermittent staff. The Ordinance therefore requires a minimum of 6 bicycle parking spaces. The applicant previously proposed 10 parking spaces.

Subsequently, the applicant proposed two 10-space bicycle “comb racks” (to accommodate a total of 20 bicycles) to advisory boards, which would be donated by a local bicycle shop. The Community Design Commission, the Transportation Board and the Bicycle and Pedestrian Advisory Board all recommended 20 bicycle parking spaces.

We do not agree with this recommendation to increase the number of bicycle parking spaces. The comb style bicycle racks do not meet Town design standard for bicycle parking. Town standard bicycle racks are the inverted ‘U’ rack design. We therefore recommend that the applicant provide a minimum of 10 bicycle parking spaces, as initially proposed by the applicant. We have included a stipulation to this effect in Resolution A.

Transportation Management Plan: A Transportation Management Plan is a plan designed to decrease the amount of traffic generated by each site by promoting policies that will result in the reduced use of automobiles. We recommend, and have included our standard stipulation in Resolution A, that a Transportation Management Plan be developed for this site according to the Town’s Transportation Management Plan guidelines and approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that the plan be updated and approved on an annual basis.

Landscape, Architecture, Public Art Buffers: Following are the Land Use Management Ordinance standards for landscape bufferyards on this site, and the bufferyards proposed by the applicant:

Required and Proposed Landscape Buffers Bufferyard Location Proposed Bufferyard Required Northern 10 ft. wide 10 ft. wide Type B (United Church) Type B Eastern 30 ft. wide Variable width 20 to 35-ft. (Martin Luther King Jr. Boulevard) Type D Alternative Type D Southern 10 ft. wide 10 ft. wide Type C (Homestead Road) Type C 10 ft wide Western (UNC Printing Building) 10 ft wide Type B Type B

Landscape Bufferyards: The Land Use Management Ordinance requires 10-foot wide Type B landscape buffers on the northern and western property lines. The southern property line requires

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a 10-foot wide Type C landscape buffer. The eastern property line requires a 30-foot wide Type D landscape buffer. The applicant is proposing to comply with landscape buffer requirements on the northern, southern, and western property lines. The applicant is proposing a variable width 20 to 35-foot alternative landscape buffer on the eastern property line. A Duke Energy utility easement along the Martin Luther King, Jr. Boulevard constrains the provision of the required landscape buffer on that frontage. The applicant is proposing to provide additional, more dense plantings on the portions of the landscape buffer that are less than the minimum required 30-foot width. We recommend the proposed landscape buffers and have included a stipulation to this effect in Resolution A.

Landscape Protection Plan: There are 75 mixed hardwood and softwood trees on site including 30 specimen trees that are principally pines. The applicant is proposing to remove nearly all the specimen trees except for a 22-inch Sweetgum tree. We have included our standard stipulation in Resolution A requiring Town Manager approval of a Landscape Plan, that clearly shows all specimen and significant trees, with critical root zones, the names and species, silt and tree protection fencing, clearly marked trees specified for removal, and Town standard tree protection notes.

Tree Canopy Plan: The Council approved new tree regulations December 6, 2010, which changed the amount of tree canopy removal permitted. We note that the applicant will be required to comply with the new tree regulations which place limitations on the amount of tree canopy removal.

In order to fully evaluate this application in light of the Council’s stated goal of minimizing loss of tree canopy, it will be necessary for the applicant to provide a plan calculating the existing tree canopy coverage on the site and the tree canopy coverage proposed when the replacement plantings have reached maturity. In developing this information, we encourage the applicant to consider opportunities to improve future tree canopy by adding additional canopy trees, where possible. We have included stipulations to this effect in Resolution A.

Building Elevation, Lighting, and Alternative Buffer Plans: We recommend that detailed building elevations, lighting plans, and an alternative landscape buffer plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation for Community Design Commission approval of: 1) building elevations, including the location and screening of all HVAC/Air Handling Units, 2) a lighting plan to ensure that the proposed lighting plan will minimize a) upward light pollution and b) offsite spillage of light.

Public Art: The Comprehensive Plan encourages the provision of public art. The applicant is proposing to move a public art element from the existing Community House to the new proposed Community House Men’s Shelter. We anticipate the applicant will be providing more information about their public art proposal prior to the Public Hearing.

Recreation Recreation Space: There is no recreation requirement in the Land Use Management Ordinance for the proposed shelter use.

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Environmental Impervious Surface: Development is proposed within the IFC lease boundary and offsite on the adjacent United Church property. Impervious surface on both sites is summarized in the following table:

Impervious Surface Summary Impervious Existing Proposed Subtotal Percentage Area For Sub-Area Impervious Impervious Impervious of Gross Demolition Area (s.f.) Area (s.f.) Area (s.f.) Land Area (s.f.) On-site: IFC 4,352 1,817 28,909 31,444 39.6% Lease Area Off-site: 967 235 4,028 4,760 N/A United Church TOTAL 5,319 2,052 32,937 36,204 N/A IMPERVIOUS N/A – The impervious surface as a percentage of gross land area is calculated for the area of the development site.

Pre-development, existing impervious surface is 4,352 square feet onsite and 967 square feet offsite on the United Church’s property, in the area where development is proposed. Post- development impervious surface is 31,444 square feet on-site (39.6%) and 4,760 square feet off- site. We have included a stipulation in Resolution A that restricts impervious surface limits to 31,444 square feet on-site and 4,760 square feet off-site for a total of 36,204 square feet.

The existing offsite impervious surface area on the United Church site is approximately 134,500 square feet, significantly less than the approved 165,850 square feet of approved impervious surface with the 1998 Special Use Permit. Therefore the addition of the 4,760 square feet of offsite impervious surface associated with the IFC Community House shelter is would be in compliance with the approved Special Use Permit.

Steep Slopes: The site slopes downward to the east and varies between 5 and 15%. There is a steeper area with a 10-15% grade along Martin Luther King Jr. Boulevard. The applicant is proposing to disturb a portion of the steeper part of the site, for a pathway with stairs and for a sand filter for stormwater management. The proposed development is in compliance with steep slope provisions of the Land Use Management Ordinance.

Wetlands: There are no identified wetlands on the site.

Watershed Protection District / Resource Conservation District: The site is not located inside the Watershed Protection District. Approximately 2,600 square feet of off-site land disturbance is proposed on the United Church’s property, inside the Resource Conservation District. The land disturbance in the RCD is for the proposed extension of sewer service and the associated utility corridor. Land disturbance in the Resource Conservation District is permitted for the installation of public utilities.

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Jordan Lake Watershed Riparian Buffer Protection: New watershed protection regulations were enacted by the Town Council on December 6 to comply with North Carolina statutes. Prior to the issuance of a Zoning Compliance Permit, the applicant will be required to comply with the Jordan Lake Riparian Buffer Protection Rules. We have included a stipulation to this effect in Resolution A.

Stormwater Management: The proposed development’s stormwater will be directed towards underground detention and above and below grade sand filters. The proposed underground detention system will provide peak stormwater rate (1-yr, 2-yr, and 25-yr) and volume control (2-yr) to achieve the Town’s stormwater requirements. The proposed sand filters are proposed to achieve the 85% total suspended solids (TSS) removal. Additionally, a cistern is proposed to catch runoff for reuse.

The Stormwater Impact Statement provided indicates that the rate and volume of the proposed post-development discharge will be equal to the existing pre-development rate and volume of discharge. This project must comply with the stormwater management requirements of the Land Use Management Ordinance. We have included this stormwater stipulation in Resolution A.

Erosion Control: We recommend that prior to the issuance of a Zoning Compliance Permit an erosion and sedimentation control plan for on and off-site activity be approved by the Orange County Erosion Control Officer and the State Department of Environment, Health and Natural Resources, respectively. A copy of the approvals shall be provided to the Town Manager. We have included a stipulation to this effect in Resolution A.

Lighting: We recommend that prior to the issuance of a Zoning Compliance Permit that the applicant submit site plans and other required documents to satisfy the lighting requirements in Section 5.11 including the submission of a lighting plan sealed by a Professional Engineer regarding compliance with off-site illumination restrictions. We have included these provisions as a stipulation in Resolution A.

Noise: The Town of Chapel Hill Code of Ordinance allows for construction operations between the hours of 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for projects for which building permits have been issued. In Resolution A, in the stipulation regarding the Construction Management Plan, there is a provision requiring the applicant to provide information about how the project construction will comply with the Town’s Noise Ordinance.

Energy Management/Energy Efficiency: The Council adopted a resolution specifying the Council’s expectations for energy efficiency and an energy management plan for applicants seeking approval of rezoning applications. The applicant is not requesting a rezoning with this Special Use Permit application. However, the applicant is proposing an Energy Management Plan and also proposing to incorporate a “20 percent more energy efficient” feature 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. We have included these provisions as a stipulation in Resolution A.

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Utilities and Services: Refuse Management: A screened dumpster enclosure is proposed to be located in the southwestern part of the parking lot. The enclosure will include one refuse and one cardboard dumpster and several containers for recycling. It will be necessary for the site to comply with the Town of Chapel Hill and Orange County disposal ban on corrugated cardboard.

The applicant is proposing private refuse collection. We recommend that all drive aisles used for access to the proposed refuse/recycling area be constructed of heavy-duty pavement. We have included these as stipulations in Resolution A.

Solid Waste Management Plan: We have included our standard stipulation in Resolution A, requiring Town Manager approval of a Solid Waste Management Plan prior to issuance of a Zoning Compliance Permit.

Utility Plans: We recommend that the applicant provide final utility/lighting plans to be approved by Orange Water and Sewer Authority, Duke Energy Company, Time-Warner Cable, Public Service Company, AT&T or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner will be responsible for assuring that these utilities, including cable television, are extended to serve the development. We have included a stipulation to this effect in Resolution A.

Overhead Power Lines: The Ordinance requires that all proposed or relocated utility lines other than 3-phase electric power distribution lines be located underground. We have included a stipulation to this effect in Resolution A.

Sewer Line Construction: We recommend all public water/sewer plans be approved by OWASA and constructed according to its standards. Where sewer lines are located beneath 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. Prior to issuance of a Zoning Compliance Permit, final plans must be approved by OWASA and the Town Manager. We have included a stipulation to this effect in Resolution A.

Miscellaneous Construction Management and Traffic and Pedestrian Control Plans: We recommend that a Construction Management Plan and Traffic and Pedestrian Control Plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have adjusted our standard stipulation to require information about how the project construction will comply with the Town’s Noise Ordinance. We have included a stipulation to this effect in Resolution A.

Schools Adequate Public Facilities Ordinance: The proposed development is not subject to the provisions of the Schools Adequate Public Facilities Ordinance.

Fire: The NC Fire Code (Section 1410.1 Required Access) requires that vehicle access for firefighting shall be provided to all construction or demolition sites. It will be necessary to provide vehicle access to within 100 feet of temporary or permanent fire department connections and hydrants. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions.

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Where combustible construction will be used, all required fire hydrants will be installed, active and accessible for Fire Department use prior to the arrival of combustible building materials on the site. We recommend that the applicant install fire protection systems as required by Town Ordinance, the NC Fire Code, and in accordance with NFPA 13. We also recommend that the pavement and all driving surfaces be designed and built to withstand fire apparatus weighing at least 75,000 pounds. We have included these stipulations in Resolution A.

It will be necessary for the applicant to provide a fire flow report, sealed by an Engineer registered in the State of North Carolina. Fire flow shall meet the required flow set forth in the Town Design Manual. The Fire Flow Report shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Special Use Permit Findings: For approval of a Special Use Permit, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:

(a) That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

(b) That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of the Land Use Management Ordinance;

(c) 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

(d) That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.

This is a quasi-judicial proceeding and we expect that evidence will be entered into the record at the Public Hearing. Please refer to attached applicant materials and comments from neighbors (Attachments 8-11).

Upon review at the Public Hearing occupancy limits will be established. The applicant is proposing 52 beds in this transitional shelter for homeless men and emergency accommodation for an additional 17 homeless persons on “white flag nights.” (see Developer’s Statement, part of Attachment 8).

CONCLUSION

Based on the preliminary information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A could meet the requirements of

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the applicable sections of the Land Use Management Ordinance and Design Manual and be consistent with the purposes of the Comprehensive Plan.

Resolution A would approve the application with conditions. Resolution B would deny the application.

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ATTACHMENT 3 RESOLUTION A (Preliminary Draft - Approving the Special Use Permit Application)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE INTER FAITH COUNCIL COMMUNITY HOUSE MEN’S SHELTER (FILE NO. 9880-21-3142)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by the Inter Faith Council Community House Men’s Shelter on property identified as a portion of Orange County Property Identifier Number 9880-21-3142, if developed according to the Site Plan dated July 6, 2010 and revised December 12, 2010 and the conditions listed below would:

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

2. Comply with all required regulations and standards of the Land Use Management Ordinance;

3. Be located, designed, and operated so as to maintain or enhance the value of contiguous property, and that the use or development is a public necessity; 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.

Stipulations Specific to the Development

1. Construction Deadline: That construction begin by (one year from the date of Council approval) and be completed by (three years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit authorizes the following:

Uses: Shelter - Transitional Housing Facility, Office and Clinic Space Total Maximum Floor Area Allowed 20, 938 sq. ft. Minimum Vehicular Parking Spaces 16 Maximum Vehicular Parking Spaces 25 Minimum Bicycle Parking Spaces 10 spaces Maximum Transitional Housing Beds 52 Minimum Motorcycle/Scooter Parking 4 Spaces Maximum Emergency Temporary Cots 17

3. Special Use Permit Boundary: The area encumbered by the Special Use Permit shall include the area identified as a portion of Orange County Property Identifier Number 9880-21-3142, and identified on the Site Plan dated July 6, 2010 and revised December 12, 2010.

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Transportation

4. Off-Site Cross Access Easement: That prior to issuance of a Zoning Compliance Permit, a plat shall be approved by the Town Manager and recorded at the Orange County Register of Deeds. The plat shall include an off-site cross-access easement that accommodates pedestrian and vehicular connections between the United Church and the proposed Inter Faith Council Community House Men’s Shelter site. Notes to this effect shall be placed on all plats and final plans.

5. Accessibility Requirements: That prior to issuance of a Certificate of Occupancy, the applicant 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 Building Code, American National Standards Institute (ANSI) Code, and Town standard.

6. Bicycle Parking: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide dimensioned details for a minimum of 10 bicycle parking spaces that comply with Town parking standards. The bicycle parking design must comply with the spring 2002 Association of Pedestrian and Bicycle Professionals Guidelines, and the Class I and Class II bicycle parking standards required by the Town Design Manual.

7. Motorcycle / Scooter Parking: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide dimensioned details for 4 motorcycle / scooter parking spaces, and comply with Town parking standards.

8. Transportation Management Plan: A Transportation Management Plan for the development shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be updated annually and approved by the Town Manager. The required components of the Transportation Management Plan shall include:

a) A Transportation Coordinator at each site to communicate and promote alternate modes of transportation. b) Submission of an Occupancy Survey due 90 days after issuance of Certificate of Occupancy. c) Submission of an updated annual Transportation Management Plan Report. d) Submission of Business and Employee Surveys during survey years. e) Trip reduction measures implemented to gradually attain the goals of the program.

Landscaping and Elevations

9. Landscape Buffers: That the applicant shall provide the following landscape buffers, and obtain Community Design Commission approval for Alternative Buffers:

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Location Required Bufferyard Northern 10 ft. wide Type B (United Church) Eastern Variable width 20 to 35-ft. (Martin Luther King Jr. Boulevard) Alternative Type D Southern 10 ft. wide Type C (Homestead Road) 10 ft wide Type B Western (UNC Printing Building)

10. Landscape Protection: That a detailed Landscape Protection Plan, clearly indicating which significant tree stands, rare and specimen trees shall be removed and which shall be preserved, shall be approved prior to issuance of a Zoning Compliance Permit. The plan shall include critical root zones of all rare and specimen trees, and clearly indicate names and species.

Prior to the issuance of a Zoning Compliance Permit, the plan shall also include detail of tree protection fencing around construction limits and indicated construction parking and materials staging/storage areas, and Town standard landscaping protection notes, subject to Town Manager approval.

11. Landscape Planting Plan: Prior to issuance of a Zoning Compliance Permit the applicant shall provide a detailed Landscape Planting Plan with a detailed planting list, subject to Town Manager approval.

12. Tree Protection Fencing Prior to Construction: Prior to issuance of a Zoning Compliance Permit the applicant shall provide a note on the Final Plans indicating that tree protection fencing will be installed prior to land-disturbing activity on the site,

13. Landscape Plan and Landscape Maintenance Plan: Prior to issuance of a Zoning Compliance Permit a detailed Landscape Plan and a Landscape Maintenance Plan, shall be approved by the Town Manager. 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. Tree Canopy Plan: Prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a tree canopy plan calculating the existing tree canopy coverage on the site and the tree canopy coverage proposed when the replacement plantings have reached maturity. The applicant shall be required to comply with Town tree regulations.

15. Lighting Plan Approval: Prior to issuance of a Zoning Compliance Permit the Community Design Commission shall approve a lighting plan for this site and shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light.

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16. Temporary Construction Agreements: Prior to issuance of a Zoning Compliance Permit the applicant shall provide construction agreements with adjacent property owners, where necessary, subject to Town Manager approval.

Environment

17. Energy Management Plan: That prior to issuance of a Zoning Compliance Permit the applicant shall provide an Energy Management Plan (EMP) to be approved by the Town Manager. 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 access to natural lighting, and allows for the proposed utilization of sustainable energy in the project; and (d) that the property owner reports 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 and shall include pre-construction energy models (calculations) to demonstrate the anticipated energy efficiency as compared to base building which demonstrates the anticipated energy performance of the proposed structures. To address item (d) above, the applicant shall submit post-construction energy models (calculations) one year after occupancy, or certification from a recognized standard which demonstrates the actual energy performance of the applicable structures.

18. Energy Efficiency: That the final plans shall incorporate a “20 percent more energy efficient” feature 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.

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, unless otherwise approved to discharge to the NCDOT stormwater system.

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21. Stormwater Easements: All stormwater detention, treatment and conveyance facilities located on and below the ground that are not located on University of North Carolina property shall be wholly contained 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 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.

a. 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.

b. 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.

c. The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the owner, heirs, successors, and assigns.

d. The applicant shall conduct routine inspections of the drainage conveyance system and the stormwater management structures that are not located on University of North Carolina property and shall submit annual inspection reports to the Town.

22. Stormwater Inspections, Operations, and Maintenance Plan: Prior to issuance of a Zoning Compliance Permit (ZCP), a Stormwater Inspections, Operations, and Maintenance Plan (Plan), signed by the owner(s) and the designated entity responsible for operations and maintenance activities shall be submitted to the Stormwater Management Engineer for approval. A schedule of inspection and maintenance tasks shall be included. The plan and schedule shall be detailed, clear, and concise such that property owners/responsible party fully understand these requirements (what, when, where, and how). A copy of the approved site plan delineating the stormwater structures, maintenance access, and maintenance easement must be included in the Plan. The portion of the Plan pertaining to stormwater facilities that are not located on University of North Carolina property shall be recorded by the County Register of Deeds.

23. Stormwater Certification: That the applicant shall provide a certification, signed and sealed by a North Carolina-licensed Professional Engineer, verifying that the stormwater management facilities is are constructed in accordance with the approved plans and specifications prior to a Certificate of Occupancy.

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24. As-Built Plans: That the applicant shall provide certified as-built plans for building footprints, parking lots, street improvements, stormwater drainage/conveyance systems and stormwater management structures, and all other impervious surfaces. The as-built plans shall be in DXF binary format using State plane coordinates and NAVD 88.

25. Stabilization: All disturbed areas shall be stabilized with vegetation or permanent ground cover within 21 calendar days of completion of any grading work.

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

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.

27. Erosion Control: That a detailed soil erosion and sedimentation control plan for on and offsite activity, including provision for a maintenance of facilities and modification of the plan if necessary, be approved by the Orange County Erosion Control Officer and the State Department of Environment, Health and Natural Resources, respectively. That a copy of the approvals be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

28. Bonds for Land Disturbing Activity: If one (1) acre or more is uncovered by land-disturbing activities for this project, 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. This financial guarantee is intended to cover the costs of restoration of failed or failing soil erosion and sedimentation controls, and/or to remedy damages resulting from land-disturbing activities, should the responsible party or parties fail to provide prompt and effective remedies acceptable to the Town. Contact Larry Tucker, for further information at (919) 968-2833.

29. Curb Inlets: That 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.

30. On-Site/Adjacent Stormwater Features: That prior to issuance of a Zoning Compliance Permit the final plans shall locate and identify existing site conditions including all on-site and adjacent stormwater drainage features on the plans. The final plans must provide proper inlet protection for the stormwater drainage inlets on or adjacent to the site to ensure the stormwater drainage system will not be obstructed with construction debris.

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Water, Sewer, and Other Utilities

31. Utility/Lighting Plan Approval: That the final utility/lighting plan shall be approved by Orange Water and Sewer Authority, Duke Energy Company, Time Warner Cable, Public Service Company, AT & T, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities are extended to serve the development.

32. 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, providing for adequate lighting on public sidewalks, including driveway crossings, and beneath awnings, demonstrating compliance with Town standards, sealed by a Professional Engineer, for Town Manager approval.

33. Overhead Power Lines: That prior to issuance of a Certificate of Occupancy all proposed or relocated utility lines other then 3-phase electric power distribution lines shall be located underground.

34. Sewer Line Construction: That all public water and sewer plans be approved by OWASA and constructed according to their standards. Where sewer lines are located beneath 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. That prior to issuance of a Zoning Compliance Permit, final plans shall be approved by OWASA and the Town Manager.

35. OWASA Approval: That prior to issuance of a Zoning Compliance Permit, easement plats and documentation as required by OWASA and the Town Manager, shall be recorded. No easements shall be required on University of North Carolina property.

Fire Safety

36. Fire Hydrant and FDC Locations: That the Final Plans indicate the locations of existing and proposed fire hydrants and Fire Department Connections (FDC). Fire Department Connections shall be located on the 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.

37. Firefighting Access during Construction: That as require by NC Fire Code (Section 1410.1 Required Access) vehicle access for firefighting shall be provided to all construction or demolition sites including vehicle access to within 100 feet of temporary or permanent fire department connections and hydrants. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions.

38. Combustible Construction: That if combustible construction is used, all required fire hydrants must be installed, active, and accessible for the Fire Department use prior to the arrival of

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combustible materials on site. That fire protection systems shall be installed according to Town Ordinance, the NC Fire Code, and NFPA 13.

39. Fire Flow Report: That the Final Plan application shall include a fire flow report sealed by an Engineer registered in the State of North Carolina. Fire flow shall meet the required flow set forth in the Town Design Manual. The Fire Flow Report shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

40. Heavy-Duty Paving: That prior to issuance of a Certificate of Occupancy the applicant shall provide heavy duty paving designed and built to withstand fire apparatus weighing at least 75,000 pounds..

Solid Waste Management and Recycling

41. Solid Waste Management Plan: That prior to issuance of a Zoning Compliance Permit 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.

State and Federal Approvals

42. State or Federal Approvals: That any required State or federal permits or encroachment agreements 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.

43. North Carolina Department of Transportation Approvals: That plans for improvements to State-maintained roads shall be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

Miscellaneous

44. Good Neighbor Plan: That a Good Neighbor Plan, drafted with input from neighbors, the Chapel Hill Police Department, the University, the United Church, and interested parties, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall include detailed descriptions of how staff and resident supervisors will oversee resident activities and monitor the new facility and its grounds 24 hours a day.

45. Construction Management Plan: That a Construction Management Plan, 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 including plans to prohibit parking in residential neighborhoods, 3) indicate construction staging and material storage areas, 4) identify construction trailers and other associated temporary construction management structures, and 5) indicate how the project construction will comply with the Town’s Noise Ordinance.

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46. 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.

47. Community Design Commission Approval: That the applicant obtain Community Design Commission approval of alternative buffers, building elevations and lighting, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit. That prior to issuance of a Zoning Compliance Permit the Commission shall approve a lighting plan for this site and shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light.

48. 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. (§5.14.3(g) of LUMO). The sign shall be non- illuminated, and shall consist of light letters on a dark background. That prior to the issuance of a Zoning Compliance Permit a detail of the sign shall be reviewed and approved by the Town Manager.

49. Development Name and Addressing: That prior to the issuance of a Zoning Compliance Permit the name of the development and addressing be approved by the Town Manager.

50. Open Burning: That the open burning of trees, limbs, stumps, and construction debris associated with this development is prohibited.

51. Detailed Plans: That prior to the issuance of a Zoning Compliance Permit final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans shall be approved by the Town Manager. Such plans shall 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 the Design Manual.

52. Certificate of Occupancy and Phasing Plans: 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 the final plans and 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 plans and plats.

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53. As-Built Plans: That prior to 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. The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88.

54. Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs prior to occupancy.

55. Vested Right: This Special Use Permit constitutes a site specific development plan establishing a vested right as provided by N.C.G.S. Section 160-185.1 and Appendix A of the Chapel Hill Land Use Management Ordinance.

56. 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.

57. 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 application for a Special Use Permit for the Inter Faith Council’s Community House Men’s Shelter.

This the _____ day of______, 2011.

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ATTACHMENT 4 RESOLUTION B (Preliminary Draft - Denying the Special Use Permit Application)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE INTER FAITH COUNCIL COMMUNITY HOUSE MEN’S SHELTER (FILE NO. 9880-21-3142)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed of the Inter Faith Council Community House Men’s Shelter on property identified as Orange County Property Identifier Number 9880-21-3142, if developed according to the Site Plan dated July 6, 2010 and revised December 12, 2010 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, or be a use or development that is a public necessity; 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 application for a Special Use Permit for the Inter Faith Council’s Community House Men’s Shelter.

This the _____ day of______, 2011.

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CONCEPT PLAN REVIEW SUMMARY TOWN COUNCIL HEARING OCTOBER 19, 2009, 7:00 P.M.

JB Culpepper (Planning Dept. Director): Recommends that Council review the project & issue comments.

Chris Moran (IFC): IFC has been looking for a new facility since 1999. A Fact Sheet about homelessness has been provided to the Council. IFC believes in engaging the community in a public dialog process. IFC’s goal is to “break the cycle of homelessness”. The facility will have 20 emergency beds, 5 quads, and 6 doubles, and will provide emergency and preventative health care for its’ residents.

Josh Gurlitz (Architect): The process has 4 phases: Concept Plan, SUP, ZCP, and Construction. Project is near MLK and Homestead intersection, and is adjacent to UNC Printing Press and United Church of Chapel Hill. Existing site has predominantly moderate slopes from west to east. The property was once grass when owned by Duke Power, but is not a first succession of pine trees. Stormwater facilities will be on the east side of the site. The Building is oriented to maximize solar potential. Parking lot access is through the Church parking lot, which allows us to avoid installing another driveway on MLK. IFC will provide a sidewalk connection to MLK, where there are several bus stops. We will provide stormwater reuse. Our energy efficient building design includes sustainable features, including interior daylighting, solar thermal water heating, non-potable stormwater reuse, an interstitial air heating chamber, reflective roof materials, and pervious parking.

Tina Coin-Smith (Parkside resident): She represents many citizens who oppose the relocation of the shelter. She opposes the relocation for 3 reasons: 1. Proximity to park, neighborhoods, daycares, schools, and other fragile populations. 2. Safety concerns. 3. Inequitable distribution of human services in NW Chapel Hill. Concerns include criminal activity, substance abuse, mental illness, sex offenders, and safety. She says that women will accompany the men, and will be in the park at night. She does not want to institutionalize this part of Town. She wants a peaceful community. She asks Council to vote against the project.

Patrick Mellott (resident): Section 3.2 of Comprehensive Plan – “There will be an action plan developed. The residents will assist with a positive vision.” We don’t want our safety ignored. We are here to speak up.

Mr. Sen (Homestead Village resident): He does not object to the plan. He objects to the location. There are children & families and it is crowded. He is concerned 45

about homeless residents walking downtown. His objection is that the shelter is in their neighborhood. He urges the Council to find another place for the shelter.

Mark Joseph (Parkside resident): He opposes the project for the same reasons as Tina Coin-Smith. Safety, proximity to neighborhoods, and inequitable distribution of human services. He does not oppose shelter relocation, but he does oppose this location.

Robert Seymour (IFC Founding President): He is the only living member of the original IFC Board. We are grateful to the Town. In 1962, when we found Chapel Hill citizens sleeping in their cars and sleeping in cardboard boxes, we knew that we had to do something. The original shelter was in a jail. For many years, we were sheltered in a church basement. IFC Community House has been looking for a permanent location for many years. We did not choose our current location; it was the only one available to us. IFC has appointed many task forces over the years to find a new location. The County location was rejected. There is no such thing as a perfect location, but this one is as close to perfect as we can find. It is an advantage to be next to two supportive Churches as our closest neighbors. We need help from the Town and from the community. This is not just a Town problem. It is also a University problem. We are all working together. The advantage of being able to walk to the Department of Social Services, to the Department of Public Health, and to the Women’s Shelter is a strong advantage to this location. As you know, the Town needs our current building for other purposes. We need a new location or we will be out on the streets. Our current shelter is inadequate. We need more space. With the declining economy, there is a sense of urgency. He worked at the shelter as a volunteer for many years. He never felt unsafe. There are many false stereotypes. Homelessness is an economic issue. It is not a law and order issue.

Richard Edens (United Church of Chapel Hill Co-Pastor, North Forest Hills resident, and IFC Board Member): He jogs through Homestead Park in the mornings. Five or more pastors from the community are present at this meeting to support the IFC Community House project. The community agrees in the need for a homeless shelter, in order to transition people from homelessness to independence. Having a safe place for homeless people to live and being able to use the park are not mutually exclusive ideas. Our community can have both. We are seeking a safe place for our community and family to grow from a state of dependence to a state of independence and an abundant life. Their stay is contingent on effort towards seeking independence. Clergy from IFC urge the Council, through the partnership that the Town initiated with UNC and IFC to provide a place for the transformation of all our citizens towards independence and an abundant life. Our Church congregation, which has hundreds of adults, children, and pre-schoolers, is the closest neighbor of Community House. United Church of Chapel Hill welcomes IFC Community House as neighbors. The downtown is no longer the only “center” of our community. The 24-year history of IFC Community House is time tested, and it is positive. Community House 46

was once housed in our Church, and next to our playground. We lived together for 30 years without incident in a downtown Historic District neighborhood. The concepts of safety and transitioning homeless citizens towards independence are not mutually exclusive concepts; but rather they are both goals of all responsible communities.

Dorris Collon (Chapel Hill resident, Carrboro business owner): She is located within one block of the IFC Pantry. She is discouraged by the lack of support shown by some residents. She asks the Council to approve this project. The poor will always be in the community. A caring community that takes care of all its citizens is far better for all of its citizens.

Rebecca McCullah (IFC Board of Directors, Carrboro business owner, Pastor of Chapel Hill Christian Church): Some citizens have said that this is not a good location, due to safety. IFC has been looking for a good location for many years. This location is a good location for IFC and for the community. IFC Community House is an organization, which fosters creativity within the community, and develops a hallmark of “caring for others” amongst citizens who are fortunate to live nearby.

Ed Bassett (Lakespring Neighborhood Association): Are there periods when residents are confined (locked down) at the shelter? He asked the shelter to consider rules for this shelter location carefully.

John Walker (citizen): He has a son who is an ex-marine who has problems similar to some of those in the shelter. He is empathetic to those who try to improve themselves. However, he is not empathetic to those who do not try. There has been no impact study done. He is not opposed to the project, but he is opposed to this location. The downtown business owners have not found this demographic to be a positive impact on the community. There are 4 Orange County sex offenders registered at IFC. The Police Department has not been active with the project. 39 criminal reports and 230 arrests have been reported at IFC. He had a break-in at his house. What are the programs that IFC Community House participates in? What are the percentages of your population into drugs, sex offenders, etc? You expect only 1 in 10 to graduate from your program. That is a poor batting average. The Town should find jobs for these people.

Henry Lister (United Church of Chapel Hill): When the IFC shelter used to be in the Church basement, our daycare children were safe. There were no incidents. He was an overnight volunteer for years. Most of the homeless men at the shelter worked. They’re human beings. People who live in homes have the same problems with mental illness, substance abuse, etc. Please take our hand as we make this a good place for this Town.

Tom Fuel (Binkley Church): In 1985, his 8-year old daughter was walking to school on Ephesus Church Road, when she was kidnapped, raped, and murdered. There was 47

no homeless shelter nearby. His brother has a mental illness and is homeless. He is a safe person to be around. When the shelter was in the Church basements, he felt safe there with the men. They had jobs. It was a wonderful experience to encounter.

Andrew Short (United Church of Chapel Hill): The shelter makes a positive difference. United Church has a pre-school. They determined that the shelter is not a safety risk, because IFC is a structured environment, which puts these men on the upswing to become productive members of the community. Their stay is contingent on progress and effort. He experienced a robbery, but it was not from homeless shelter men. The shelter is not part of the problem. The shelter is part of the solution. He supports this location for the shelter.

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Town Council Members:

Ed Harrision: The Town is considering a text amendment for shelters. JB Culpepper (Planning Director): In June, IFC requested expedited processing and a text amendment for a definition of shelters. The definition has a 25- resident limit. Ed (cont.): It is preferred for a shelter to be close to lots of transit. This corridor has the most transit in North Carolina. This is a strong basis for the shelter to be located at this site. The Council may wish to consider using a “Mayor’s Committee”. He asked all sides to consider how to make this happen.

Sally Greene: We will take all comments into consideration. She has concept comments for the architect. She wants a more “homey” architectural design. The current design is too generic and too traditional. Consider coordinating the IFC Community House architecture with elements from the United Church building.

Matt Czakowski: He is concerned about disruptions to the community, due to this project. The community should not be asked to accept the premise of safety based on faith. He urges IFC to provide data and facts to the Council. He wants the Council’s decision to be based on evidence; not on faith.

Mark Kleinschmidt: He wants the parties to communicate across the table. We do not need a committee. IFC should meet quickly with the community to hold a dialog. Sit down with them soon and find common ground. In general, the Town and the citizens agree that we have an obligation to provide these resources and services to disadvantaged citizens. A dialog with the community needs to be held prior to the SUP, and the Town is willing to help facilitate this if necessary.

Jim Ward: Although the IFC Community House project will receive an expedited review, this does not mean that we will bypass the process. We want energy saving measures. Consider using geothermal heat pumps. Brighten the roof color to reflect heat. Provide big roof overhangs to shield windows from sunlight heat. IFC needs to spend more time explaining what goes on inside these walls. What are the activities? IFC has many years of experience. Is there a field trip? We do not need Mayor’s Committee or dispute settlement. We urge you to get the Police Department’s perspective. Ask the police to address the woods issue and the female population issue. Get the police to articulate what it will be like. He informed the audience that these homeless people are no different than we are. Treat them with your compassion. Don’t create a boogey man (where none exists). These people are like us, except that they have no roof over their head.

Kevin Foy (Mayor): Can the applicant speak to explain the IFC Community House’s program model?

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Chris Moran (IFC): We are not a substance abuse facility. We are willing to take a field trip with Council members and citizens if this is requested; but we would like to request a neutral chaperone from the Town.

Laurin Easthom: Does this project protect the health, safety, and welfare of the community, while not negatively impacting property values? The Council has not participated in the site selection process. Why were other locations not selected? Are there other locations, which might be considered? What defines a good location, and how does this site fit that criteria? How does this facility function day to day? How do the homeless get to this facility? What happens when busses stop running late at night? Council supports the IFC mission. We must weigh the facts.

Jim Merritt: He requests that IFC describe their program from when a homeless person enters the program to when they graduate. What is the expected duration of a person’s stay?

IFC: When someone wants to stay at our facility, we typically receive a phone call. Often times, the call is from a government agency, probation, police, etc. We then assess whether or not we have space, and whether their behavior is suitable. We have a background check performed, including mental health and employment history. We meet with them to develop a plan for improvement. We have follow up meetings every week. The length of stay varies. Typically it lasts between 6 and 8 months. If the person is disabled or ill, then the stay lasts longer. We have a tough system of warnings and contracts. If the rules are broken, then they get three warnings, and then are discharged. We do not discharge people directly to the street. We discharge them to relatives, other agencies, etc. Residents must work through a plan. Residents receive assistance from a number of sources, including Veterans Administration, literacy counseling, job coaching, health clinics, and psychiatrists. We try to get as many people into jobs as we can. We have 2 residents in our shelter at present who have records as sex offenders. In our new building, we will not have any sex offenders, due to the proximity to the daycare. New applicants will be screened. It is important to note that there are many criminals who are arrested at the Chapel Hill Police Department who list our IFC address as their home address. However, most of them have never resided at IF Community House. We are tough on the “in and out” people. We have a contract with our residents. We want them to succeed. Many of our men have degrees and good past employment history, but are down on their luck. We are trying to get them back on their feet. We invite the Council and the community to come and visit our facility to see first hand what it is like. We currently have three women volunteers who work at Community House on most days, and we do not exist in fear.

Mayor Kevin Foy: Motion from Council to refer comments to applicant & staff. Motion passes. Ajourn. 50

Town Council Comments (Oct 19, 2009 Concept Review):

1. Revise the building design to provide a more “homey” design.

The building design has been revised to address this comment. Revised building elevations will be submitted to CDC at the SUP process to address this comment.

2. Coordinate the architectural design with elements of the Church.

The building design has been revised to address this comment. Revised building elevations will be submitted to CDC at the SUP process to address this comment.

3. IFC to provide Council with statistical data regarding homeless shelters. Address the issues of criminal activity, sex offenders, and women camping in Homestead Park.

As the Council has requested, attached are two documents containing some statistics of the homeless population. The document titled, “CRS Report for Congress – Homelessness: Recent Statistics, Targeted Federal Programs, and Recent Legislation”, dated May 31, 2005 contains the following data, based on national surveys of homeless people:

Homeless Population Statistics (National Averages)

Gender:  Single Men: 41%  Families with Children: 40%  Single Women: 14%  Unaccompanied Youth: 5% Race:  African American: 49%  White: 35%  Hispanic: 13%  Native American: 2%  Asian: 1%

Mental Illness: 23% Substance Abusers: 30% Employed: 17% War Veterans: 10%

In addition to the CRS document, the IFC is providing some statistical data for its own population, based on 2009 data. Refer to 51

the attached document titled, “Office of Economic Opportunity Emergency Shelter Grants Program – Midyear Performance Report Form” to see data on the existing IFC Community House population in Chapel Hill.

As stated by the IFC during the October 19, 2009 Town Council hearing, the IFC was providing shelter service to two registered sex offenders at the time. However, due to the proximity of the United Church’s Daycare to the new IFC Community House facility, the IFC will screen its applicants at the new shelter location, and will not accept future applicants who have a serious sex offense record.

The IFC obtains background checks on its applicants, and does not accept those who are judged to pose a significant criminal threat to the community. IFC will continue this policy at the new shelter location.

As stated by some of the citizens at the 2009 hearings, there are already homeless people who sleep in the woods in this part of Town before IFC Community House’s relocation. The mission of IFC Community House is to provide a means of alleviating this problem, in which these people can be transformed into productive members of society. Fortunately, there is already an existing Women’s Shelter located on Homestead Road within walking distance of Community House, which is intended to alleviate the potential problem of homeless women sleeping in the woods. Homestead Park is operated by the Chapel Hill Parks and Recreation Department. Parks and Rec. has the ability to post park hours, which can be enforced by the Police Department if needed.

Having close proximity to the park is a desired criteria for the site selection of IFC Community House. It will provide the means for our residents to improve their physical fitness through sports (swimming, baseball, soccer, jogging, etc.) and exercise, which will improve their overall happiness and make them more motivated to improve their lives. It will also provide a means of socially connecting with the community through sports, which will provide another means for them to reconnect with society. Developing physical fitness and social skills are each positive traits, which can help our residents to interview with confidence and transition into the job market.

4. IFC to setup a meeting with the community to establish a dialog. This should be done prior to the SUP submittal.

The IFC project team has gone to great lengths to engage in community discussions: 52

 First, we have been fielding questions by neighbors during the past months via phone, email and meetings.  Second, we have been participating in a dispute settlement process with the neighbors. The neighbors eventually withdrew from this process.  Third, IFC hired a firm, Leading and Governing Associates, Inc. to host three community discussions at the Southern Human Services Center, in which 300+ people and Council members attended. On the IFC blog on the website, Marchonpoverty.blog agendas and community discussion can be viewed by the Council and the community. IFC will prepare a memo, which will be sent to attendees to answer questions.

5. Consider using building energy saving measures, which include: a. Geothermal heat pumps b. Light roof color c. Extended roof overhangs

An energy management plan is included in the Special Use Permit submittal. In addition to strategies mentioned in that document we will consider light roof colors, wide roof overhangs and geothermal heat pump technology.

6. Provide the Council with additional information about details of the IFC program, and what activities go on during a daily basis at the shelter.

Residential Services include Community House and HomeStart locations that provide safe, emergency and longer term housing to homeless men, women and children in collaboration with Orange County, Chapel Hill and other community organizations.

 508 homeless men stayed at Community House during FY2008-09;  142 women and 34 children stayed at HomeStart during the 2008-09 fiscal year; - 119 single women received emergency shelter - 23 adults and 34 children received longer-term housing  33,508 bed nights were recorded for both residential facilities; - 13,256 for HomeStart - 20,252 for Community House

Community House began in 1985 and is located at the Old Municipal Building in Chapel Hill. Staff and volunteers assist homeless men with overnight shelter, hot meals, medical services, ID’s, laundry services, postal services, social work and emotional support. Volunteer professionals 53

provide on-site medical and mental health services twice weekly to respond to the various needs of homeless persons. The Town of Chapel Hill provides the IFC donated space, utilities and some maintenance through the Public Works Department.

 508 homeless men received Community House services  3,191 volunteer hours were recorded  235 patients were seen at the medical clinic  301 patients were seen at the mental health clinic  250 prescriptions were written  4 volunteer case managers and two student interns have been added

HomeStart is located at the Southern Human Services Center and began as a transitional housing program in 1998 for homeless families. In 2003, the major change in HUD funded initiatives for transitional housing programs and subsequent loss of federal funds resulted in the reorganization of services that now “provides a safe, structured home for homeless women and children, helping them to access community resources and offering everyone on-going support to break the cycle of poverty and homelessness.”

 100% or 176 new residents were evaluated within the first 30 days of arrival  60% of 53 single women (32 women) in the emergency shelter found employment, classroom training, or treatment services during their stay at HomeStart  65% of 46 women and children (28 women and children) in the long-term program created and achieved personal, vocational and/or educational goals  176 women and children received services – our goal was to serve 250 women and children but due to the lack of employment and housing we were not able to move individuals or families in a timely manner causing our numbers to be lower than expected  20 out of 21 families enrolled in the Preventive Program remained in their homes for at least six months  70% or 15 families out of 21 enrolled in the Preventive Program accessed at least one new resource with the help of the Family Support Social Worker.

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IFC Board of Directors is pursuing its efforts to obtain a special use permit from the Town of Chapel Hill to relocate its men’s residential facility to Martin Luther King Blvd. Community House will be a step-up program that will help homeless men move toward self- reliance.

Community House has been strongly shaped by our success with the HomeStart program and facility for women and children. The University of North Carolina is donating 1.66 acres for the site and 16,000 sq. ft. proposed building; and the Town of Chapel Hill will continue and strengthen its 24-year partnership with the IFC. Neighboring congregations and the United Church of Chapel Hill are fully engaged and support the relocation. Community House will be a smart, green building with outdoor terrace and community garden. Community House Mission: Promote independence and self-reliance through a formative housing choice that informs, connects and empowers residents in their efforts to renew their lives, develop new skills, receive community resources and obtain employment and permanent housing.

Community House Vision: Provide a home within a community setting; a place to live that will empower the entire person and encourage self- sufficiency.

Community House provides a long-term residential program and a continuum of services for Orange County residents, which will include a minimum stay of six months. The program will provide:

 Safe, stable living accommodations  Services, new skills and personal guides for independent living  Substance abuse education and counseling  On-site medical, dental and mental health treatment  20 start-up beds (two 10-bed dormitories)  32 transitional housing beds (5 quads and 6 doubles)  Food services/dining for 28 residents at a time  Job coaches, counselors, agency partners  Referrals to community agencies

7. What is the average duration of a resident’s stay at Community House?

Typically, men reside at our facility between 6 and 8 months. Those who are ill or disabled usually stay longer. Residents are expected to 55

complete our program within a maximum timeframe of 2 years, and are not permitted to stay at our facility for longer than 2 years.

8. IFC to conduct a field trip with Council members, in order to familiarize Council members with the activities of a typical homeless shelter program.

The IFC project team has already met with community members and three Council members at three meetings during the past months, in which a dialog was held with questions and answers.

The IFC team is willing to conduct a field trip with Council members to visit the current IFC shelter located downtown. We will contact the Planning Department to offer to coordinate this field trip during the SUP process.

9. IFC to meet with the Chapel Hill Police Department to address the following: a. What is the Police Department’s perspective on this location for a shelter? b. What safety concerns does the Police Department have for this location? c. What are the Police Department’s concerns in regards to the proximity to Homestead Park, and the potential for homeless women camping out in the park or the woods? d. What precautions (if any) does the Police Department recommend for the shelter?

The IFC project team will meet with the Police Department and provide documentation to the Town during the SUP process.

10. IFC to provide the Town with a Statement of Justification (per ordinance requirements).

Done. The Statement of Justification is included with the SUP submittal package to the Planning Department.

11. IFC to provide the Council with a written statement, describing the history of looking for a new shelter site. What are the criteria that make for a good homeless shelter location? How does this particular site meet those criteria? Why were other locations not selected?

It was apparent when IFC moved into the Old Municipal Building in 1985 that the building would be a temporary location and insufficient for IFC’s program needs. In 1999, Chapel Hill’s then Mayor, Rosemary Waldorf, organized an IFC Relocation Taskforce. Since 1999, the IFC, the Town of Chapel Hill and partner agencies searched, without success, for a permanent location for IFC’s men’s facility. In January 2004, the Mayor of Chapel Hill and the President of the IFC co-convened a community process to address homelessness 56

and new facilities whose goals included: creating a comprehensive food program in IFC’s Carrboro building to offer a wide range of support services in partnership with other agencies for hungry persons and those at risk of homelessness; and identifying a new site for Community House. In 2006, another IFC/Inter-Governmental Work Group was formed to find new locations for IFC facilities; this group requested county land at the Southern Human Services Center for Community House.

Between 1999 and 2008, dozens of sites were considered as possibilities to house a new Community House. According to Roger Stancil, Chapel Hill Town Manager, the site selection criteria adopted by the Town of Chapel Hill on September 17, 2007 included the following:

Design Program

12,000 – 20,000 sf building(s) 12 – 20 parking spaces Public transit accessible Public utilities available Out of downtown preferred Convenient to Project HomeStart preferred Affordable land acquisition Cost effective site design

Planning/Zoning Considerations

Supportive adjacent property owners Limited neighborhood opposition Single zoning jurisdiction (Chapel Hill) No rezoning required Use by right preferred (P ideally not required) Meets all Town LUMO regulations (Council exceptions not required)

Sites considered included:

Town Operations Center (front section of Transit site) Town Operations Center (3 acres across railroad tracks) Carolina SportArt site (Vineyard Square) 2 Town owned sites on Erwin Road near I-40 2 Avaliable lots on 15-501 south of Southern Community Park Fire Station 5 site (above existing station) 57

Old Growin’ Green site (MLK Blvd near Taylor Street) Old Duke Energy site (MLK Blvd near Homestead)

The list of available properties was then narrowed down to the last two options that most nearly met all of the listed criteria. Simple building templates were overlaid on the lots to determine if either of them could accommodate the building program. Through this process the IFC staff determined that if a lease could be put together for a section of the Old Duke Energy site and a shared access agreement secured with the adjacent church that it would be the only feasible option of those available and considered at that time.

Then in May 2008, former UNC Chancellor James Moeser and then Chapel Hill Mayor Kevin Foy announced a new partnership and the gift of a 1.66 acre parcel from UNC for relocating Community House to Martin Luther King, Jr. Boulevard. This is the parcel of land where IFC plans to create its new Community House program.

The land—which comes with a $1/year lease and permits Community House operations for 50 years—allows the IFC to have a facility that is well suited to meet resident needs. While close to the Orange County Southern Human Services Center and accessible to a major bus line, the location also provides a private setting where 52 homeless men can participate in a program that will restore their health, well- being, learning skills, confidence and opportunities for independence. The University’s gift allows other resources to be used for the construction of the building, programming and staffing needs. The zoning, site suitability, capacity and availability of public utilities were also among the criteria used and which make this location ideal for this new facility.

12. IFC to address how homeless men will be transported to and from this shelter. What happens at night when the busses stop running?

For the Town’s reference, our HomeStart program which provides safe shelter and long-term housing for homeless women and children has been in operation since 1998 and day-to-day transportation has not been a barrier for residents. Women and children use the town’s public transportation system and occasionally agency vans for their needs. When buses are not running, women have little problem finding family and friends to transport them. Some of the residents have vehicles and they often help other residents with transportation needs. When there are business appointments out-of-county, the IFC provides residents with bus passes.

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The new Community House will operate similarly. The agency will include the cost of new vans in the capital campaign to shuttle folks using emergency cots back and forth from the downtown to MLK Blvd.. Transitional housing residents will use public transportation, Share Rides (paid service) or their own vehicles. Another important factor is our check-in requirements. Residents must be in by 8pm when town buses are running. Late shift workers will use Shared Rides or other forms of transportation such as paying co-workers to provide late evening rides.

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PLANNING Town of Chapel Hill 405 Martin Luther King Jr. Blvd. Chapel Hill, NC 27514

phone (919) 968-2728 fax (919) 969-2014 www.townofchapelhill.org

CONCEPT PLAN REVIEW SUMMARY MINUTES COMMUNITY DESIGN COMMISSION WEDNESDAY, JUNE 17, 2009, 7:00 P.M.

Chairperson George Cianciolo called the meeting to order at 7:00 p.m. Commission members present were Mark Broadwell, Augustus Cho, Chris Culbreth, Kathryn James, Laura Moore, Amy Ryan, Geordie Selkirk, Polly Van de Velde, and Robin Whitsell. Staff members present were Senior Planner Kay Pearlstein, and Administrative Clerk Renee Moye.

INTER-FAITH COUNCIL COMMUNITY HOUSE MEN’S SHELTER, 1315 Martin Luther King Jr. Blvd, File No. 9880-21-3142

The Town has received a Concept Plan proposal from the Inter-faith Council for a men’s shelter located at 1315 Martin Luther King Jr. Blvd. The proposed development is located at the northwest corner of Martin Luther King Jr. Blvd. and Homestead Road, on a portion of the former Duke Energy site (4700 Homestead Road). The applicant is proposing to lease a 1.6- acre area from the property owner, the State of North Carolina. The proposed leased area is in the northeast portion of the property, adjacent to the United Church of Chapel Hill and Martin Luther King Jr. Blvd. The Concept Plan proposes to construct a 16,000 square foot building, including 50 beds, a dining room, offices, meeting rooms, and clinic space. Parking for 18 vehicles is proposed. Access is proposed through the United Church of Chapel Hill. The 1.6- acre site is located in the Office/Institution-2 (OI-2) zoning district. The site is identified as a portion of Orange County Parcel Identifier Number 9880-21-3142.

CONCEPT PLAN PRESENTATION The design team presented a proposal for a men’s shelter including a presentation by Chris Moran of the Inter Faith Council and Josh Gurlitz, architect for the project partnering for this proposal.

CITIZEN COMMENTS 1. John Walker of 107 Grainger Lane supported the effort but did not support the lack of discipline exhibited by some residents of the Men’s Shelter. He supports those who choose to help themselves, but he cautioned that some do not. He is not in favor or moving the Men’s Shelter adjacent to residential neighborhoods. His house was recently broken into during the night while at home. He is concerned that a men’s shelter located close to his home could increase the risk of break-ins in the neighborhood. He felt that the shelter should be located closer to the police station or further into the countryside. He encourages the applicant to look for a different site.

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2. Richard Edens, pastor at United Church, stated that they have partnered with the Men’s Shelter for 30 years and the partnership has worked out well. They look forward to working with the Men’s Shelter again.

COMMISSION COMMENTS 1. Commissioner Mark Broadwell was supportive of the ambitious programs proposed for the shelter. He wanted to hear more comments from neighbors concerning the location of the Men’s Shelter.

He also wanted the building to look less institutional and hospital-like and recommended that the architecture reflect a more residential appearance. He suggested the site design include additional outdoor space for residents and less area for parking.

Revised building elevations will be presented to CDC during the SUP process. Walking trails, sidewalks, and an outdoor garden have been provided. The onsite parking count has been decreased to the mimimum required by ordinance.

The applicant replied that the building was oriented for solar access therefore keeping an unobstructed path for sunlight, but would look at additional opportunities for plantings for outdoor spaces where solar access was not an issue.

Refer to the Landscape Plan, which shows additional plantings and outdoor areas.

2. Commissioner Robin Whitsell was concerned about the feelings of the neighbors with the location of the shelter and wanted to hear strategies proposed for addressing their concerns.

The IFC project team has gone to great lengths to engage in community discussions:  First, we have been fielding questions by neighbors during the past months via phone, email and meetings.  Second, we have been participating in a dispute settlement process with the neighbors. The neighbors eventually withdrew from this process.  Third, IFC hired a firm, Leading and Governing Associates, Inc. to host three community discussions at the Southern Human Services Center, in which 300+ people and Council members attended. On the IFC blog on the website, Marchonpoverty.blog agendas and community discussion can be viewed by the Council and the community. IFC will prepare a memo, which will be sent to attendees to answer questions.

The Church of the Advocate, who’s SUP was recently approved by the Town for their project nearby, has generously donated $5,000 towards the IFC Community House project.

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This IFC Community House project is grateful for the widespread support, which it has received from the Orange County Partnership to End Homelessness, the Democratic Party, the United Church of Chapel Hill, and UNC-Chapel Hill, which have endorsed the project. There are presently 652 supporters of this project (including many neighbors) on IFC’s Facebook page.

Commissioner Whitsell wanted a beautiful elevation for the Martin Luther King Jr. Blvd. side of the building and wanted the applicant to provide additional green space on the site.

We have reduced the parking count to the minimum required by ordinance. We will submit revised building elevations to CDC during the SUP process.

3. Commissioner Laura Moore liked the presentation but wanted to hear from the neighbors. She also had concerns about the lack of landscaping around the building and suggested that the power line easement be used for appropriate plantings.

See neighbor coordination above. IFC has retained a reputable landscape architect on our team to pursue these goals. Refer to the Landscape Plan.

She noted that access to the site did not include pedestrian access. She recommended sidewalks be provided along the driveway from the church as well as to Martin Luther King Jr. Blvd. bus stops.

Walking trails and sidewalks are shown to connect the site to MLK, as well as the adjacent UNC Printing Press and United Church of Chapel Hill neighbors. A sidewalk along the drive is not proposed, in order to reduce impervious and increase green space per the Council’s request. We feel that the sidewalks and walking trails shown on the site plan achieve a good level of pedestrian interconnectivity with the area.

4. Commissioner Polly Van de Velde liked the design. She was concerned about the social aspects of the 20-bed dormitory room. The applicant stated that the spaces were moveable and individual spaces would be created out of the larger room.

Commissioner Van de Velde suggested a community garden be included to enhance the therapeutic aspects of the program. She also suggested a dark trim on the building façade.

The exterior of the building has been redesigned and will be presented to the CDC during the SUP process. See the landscape plan for garden areas which have been added.

5. Commissioner Chris Culbreth expressed sympathy to the citizen who spoke of the break- in to his home.

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He was also concerned with the appearance of the building elevation facing Martin Luther King Jr. Blvd. He suggested architectural interest be added with trellises or other add-on features.

The exterior of the building has been redesigned and will be presented to the CDC during the SUP process.

6. Commissioner Amy Ryan liked the sustainable aspects of the proposal and encouraged the applicant to make them happen, not just be conceptual. She also suggested that the building be made less institutional looking and more “homey.”

The exterior of the building has been redesigned with a more engaging appearance. This revised building design will be shown to the CDC during the SUP review process.

She suggested that parking be shared with the church and a sidewalk be included from the site to the parking lot.

A walking trail is provided on the west side of the building, which connects IFC to the neighboring parking lots. IFC has offered the use of its parking lot to the United Church on Sundays.

Commissioner Ryan also suggested that an outdoor area be included for congregating, especially cigarette smokers who were likely to congregate outdoors.

Outdoor activity areas have been added. See the Landscape Plan.

Commissioner Ryan recommended a garden/tool shed be constructed to house garden and yard equipment in order for the residents to help with upkeep of the property.

7. Commissioner Geordie Selkirk asked why a section of the roof was higher. The applicant replied that the room held a lot of people and it made the area seem more spacious. Commissioner Selkirk thought the building appeared to be office-like. To make the building appear softer, he suggested the applicant try a variety of different roof forms.

The shell of the building has been redesigned with different roof forms. This revised building design will be shown to the CDC during the SUP review process.

8. Commissioner Augustus Cho liked the sustainable elements of the design and recommended reducing the parking area.

The onsite parking count has been reduced to the minimum number of spaces required by the Town Ordinance. The parking lot configuration has been revised per comments from the Fire Chief and the Solid Waste Department.

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Commissioner Cho asked what happens to the men who do not graduate from the program. Do they become permanent residents?

The applicant stated that some don’t graduate but Homestart offers transitional housing to some of those that do not graduate. He explained that some residents do not meet their contract and are asked to leave.

Commissioner Cho asked Mr. Walker, the homeowner whose house was broken in to, if the men that broke into his house were homeless. Mr. Walker replied that it was not determined who the men were or where they lived, but homeless people lived in the woods behind his house. The applicant, Josh Gurlitz, replied that there are more people unsheltered in this county than are sheltered and homelessness is a complicated issue needing involvement and discussion by the entire community.

The goal of Community House is to provide transitional housing and a structured environment for self improvement of citizens who are willing to make an effort to improve their situation. Residents enrolled in the program are expected to complete the program within 2 years or less. Those who do not fulfill Community House requirements are generally not allowed to reside at Community House beyond the two year period.

9. Commissioner Kathryn James stated that she would like to see as many shelters as possible in the community. She agreed that homelessness is a complicated issue.

She supported others comments concerning the building design and recommended that the building trim be light.

Building elevations will be submitted to CDC during the SUP process.

10. Commissioner George Cianciolo asked where the delivery and garbage collections areas were proposed. The applicant replied deliveries were planned for the front door and the dumpster location was not determined. Commissioner Cianciolo asked if water used to flush urinals could be recycled water. The applicant replied that in order to do so, lots of maintenance was required with lots of filter changes and would not be a benefit.

Garbage and recycling facilities will be provided within a gated enclosure off of the west end on the front parking lot, as shown on the SUP Site Layout Plan. Deliveries will be made by small delivery trucks or vans, which will park briefly in the front parking lot, and use the front entrance. The Community House project intends to capture stormwater runoff from the building rooftop within a cistern. This water will be piped into the building via dual plumbing, which will be used to flush toilets and urinals.

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Commissioner Cianciolo asked if a sidewalk to Martin Luther King Jr. Blvd. would need steps. The applicant replied that steps would be needed in order to accommodate the grade change.

A sidewalk connecting the IFC to Martin Luthur King Jr. Blvd. is shown on the Site Layout Plan. As shown, the sidewalk will require steps in order to transition the grade change between the building and the road.

COMMISSIONER COMMENTS SUMMARY The Commission’s summary comments are listed below:

 Interested in hearing neighbors comments on the proposal.

Refer to the responses above, describing IFC’s extensive efforts to engage the community in a beneficial dialog. IFC sent out more than 1,500 community discussion invitations to residents, community groups, and Council members. IFC held three community discussion meetings. We estimate that three Council members and fewer than 75 residents attended the meetings. Additional information on the community dialog can be viewed on our web page at Marchonpoverty.blog.

IFC has carefully considered all recommendations from the community, and will be sending out a memo in the future to community meeting attendees.

 Supported the orientation of the building for solar access and other sustainable aspects of the design.

 Preferred a residential, homey look for the architecture using different roof forms, trellises, and other add-on architectural features. The building should be less office and institutional looking.

The building exterior has been redesigned with different roof forms. This revised building design will be shown to the CDC during the SUP review process.

 Concerned about the view of the building from Martin Luther King Jr. Blvd. Extra care should be taken for this elevation.

See above.

 Provide less parking area and more green space on-site. Include appropriate landscaping in the easement, create congregating areas, provide space for a community garden, and provide landscaping where it won’t impact solar access for collectors.

The onsite parking count has been reduced to the minimum required by the Town Ordinance. This has allowed us to provide additional green space. Refer to the Landscape Plan for plantings and a garden. IFC is considering adding a picnic table. Walking trails have been provided.

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 Provide for more pedestrian circulation – sidewalks to Martin Luther King Jr. Blvd., and along the driveway to the church.

Walking trail and sidewalk interconnectivity has been provided, which connect the IFC parking lot to MLK, the UNC Printing Press, and the United Church neighbors. A sidewalk adjacent to the IFC driveway has not been added, because Council members have asked us to increase green space. Further, we wish to keep impervious low, and we feel that comprehensive pedestrian interconnectivity has been achieved by the current plan.

 Therapeutic benefits are included with: moveable interior spaces providing privacy with smaller units; a community garden; and construction of a garden/tool shed for residents to use for equipment storage for up-keep of the property.

 Locate the service areas for deliveries and garbage collection on the site.

These have been located. See the attached site plans.

 Create an opportunity for a community discussion on homelessness.

See above.

Prepared for: George Cianciolo, Chair Prepared by: Kay Pearlstein, Staff

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SUMMARY OF PLANNING BOARD ACTION

Subject: Inter Faith Council Community House Men’s Shelter, 1315 Martin Luther King Jr. Boulevard – Application for Special Use Permit (File No. 9880-21-3142)

Meeting Date: January 4, 2011

Recommendation: That the Council adopts Resolution A with the following changes:

Landscape Buffers: That this stipulation be revised to include the requirement that Community Design Commission approval be obtained for Alternative Buffers.

Good Neighbor Plan: That a new stipulation be provided to require that the applicant provide a Good Neighbor Plan with input from all stakeholders regarding the proposed facility and resident activities.

Additional Recommendation: That a list of concerns and proposed stipulations, provided by a resident at the meeting, should be forwarded to the Council and attached to the Public Hearing memorandum. Board members agreed that this information should be considered by Council.

Vote: 9-0

Ayes: John Ager, Jason Baker, George Cianciolo, Michael Collins (Chair), Michael Gerhard, Andrea Rohrbacher, Del Snow (Vice Chair), James Stroud and Judy Weseman.

Nay: None

Prepared by: Mike Collins, Planning Board Chair Phil Mason, Staff

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SUMMARY OF TRANSPORTATION BOARD ACTION

Subject: Inter Faith Council Community House Men’s Shelter, 1315 Martin Luther King Jr. Boulevard – Application for Special Use Permit

Meeting Date: January 13, 2011

Recommendation: The Transportation Board recommends that the Council adopts Resolution A in the January 13, 2011 staff report with the following additions and modifications.

Stipulation 6. Bicycle Parking: That the applicant shall provide dimensioned details for 10 20 bicycle parking spaces, and comply with Town parking standards in place at the time of approval, the spring 2002 Association of Pedestrian and Bicycle Professionals Guidelines, and the Class I and Class II bicycle parking standards required by the Town Design Manual.

New Stipulation. Parking: That the applicant explore opportunities of providing onsite parking for motor scooters and vehicles of such types.

Vote: 8-0

Ayes: Augustus Cho, Carol Hazard, Jon Dehart, Sarah McIntee, Mirta Mihovilovic, Melodie Parrish, Whit Rummel, Matthew Scheer

Nay: None

Prepared by: Augustus Cho, Transportation Board Chair Ryan Mickles, Transportation Planner

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SUMMARY OF BICYCLE AND PEDESTRIAN ADVISORY BOARD ACTION

Subject: Inter Faith Council Community House Men’s Shelter, 1315 Martin Luther King Jr. Boulevard – Application for Special Use Permit

Meeting Date: January 25, 2011

Recommendation: The Bicycle and Pedestrian Advisory Board recommends that the Council adopt Resolution A in the January 25, 2011 staff report with the following additions and modifications:

Stipulation 6. Bicycle Parking: That the applicant shall, with exemption to bicycle rack standards, provide dimensioned details for 10 20 bicycle parking spaces, and that comply with Town parking standards in place at the time of approval, the spring 2002 Association of Pedestrian and Bicycle Professionals Guidelines, and the Class I and Class II bicycle parking standards required by the Town Design Manual.

New Stipulation. Signage: That the applicant provide Watch for Pedestrians and Bicyclists or other appropriate signage on the driveway for vehicular traffic.

Vote: 9-0

Ayes: Chris Clemmons, Rainer Dammers, Linda Gaines, Geoffrey Green, Teressa Jimenez, Doug MacLean, Ray Magyar, Dylan Sandler, Alexander Wallace

Nay: None

Prepared by: Rainer Dammers, Bicycle and Pedestrian Advisory Board Chair Ryan Mickles, Transportation Planner

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SUMMARY OF COMMUNITY DESIGN COMMISSION ACTION

Subject: Inter Faith Council Community House Men’s Shelter, 1315 Martin Luther King Jr. Boulevard – Application for Special Use Permit

Meeting Date: January 26, 2011

Recommendation: That the Council adopt Resolution A included as Attachment 2 to the November 17, 2010 Staff Report with the following changes:

New Stipulations: Good Neighbor Plan: That a new stipulation be provided to require that the applicant provide a Good Neighbor Plan with input from all stakeholders regarding the proposed facility and resident activities.

Bicycle Parking and Motorcycle Parking: That the applicant shall provide dimensioned details for 10 20 bicycle parking spaces and 4 motorcycle spaces, and comply with Town parking standards in place at the time of approval.

Vote: 11-0

Ayes: Mary Margaret Carroll, Augustus Cho, George Cianciolo, John Gualtieri, Haig Khachatoorian, Laura Moore, Hank Rodenburg, Geordie Selkirk, Polly Van de Velde, Robin Whitsell, and Carol Ann Zinn

Nays: 0

Prepared by: Robin Whitsell, Chair and Kay Pearlstein, Staff

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Handout Provided by Mark Peters at the January 4, 2011 Planning Board Meeting: Inter Faith Council Community House Men’s Shelter Special Use Permit

Initial Citizen Comments on Staff Comments and Advisory Committee Materials for the IFC Special Use Permit for Relocation of Shelter

ABetterSite.Org

January 4, 2011 Planning Board Meeting

Please note that these are initial comments which may be subject to change as questions are answered during the SUP process. ------

Please note that despite repeated requests in 2009 for tentative dates of the advisory board review of the SUP so that we could submit materials in time for them to be posted with the planning board agenda, neighbors did not receive notice until the last week of December for this January 4th planning board meeting and many neighbors were traveling. More notice should have been given for this meeting.

Thus, we request that the planning board continue this item at the first meeting in February to provide neighbors time to digest and comment on the SUP and staff comments so that the neighbor comments may be provided in the February agenda materials.

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Page numbers below are the page numbers of the PDF with a filename of "IFC MensShltr_SUPMOD_PB-Memo-CombinedAttach-compressed_1-4-2011.pdf", which contains a number of documents.

Page 2 of the PDF lists documents and provides links to documents which are not being provided by the town. The submitted version of these documents should be archived on the town website and only links to the town archived documents should be linked in the memo. These documents could be changed by the applicant or they could disappear, so the town should rely on and provide links to its own copy.

Page 4 or 5, note that the distance from the proposed IFC site property to residential property is 115 feet. The Chapel View/Chapel Ridge high density student apartment complex with 900 residents is 550 feet away. 71

Page 5 states that "residents are required to be alcohol and drug free to stay at Community House." in the transitional program. However, with regard to white flag nights, page 5 fails to state that drunk and high clients are permitted to stay. It also fails to document that white flag night clients do not have to provide identification. Without proper identification, a background check cannot be performed. It also fails to state the number of white flag nights in any recent years. Please note that 224 nights in 2010 were eligible to be white flag nights according to current IFC criteria, and 206 nights in 2009.

Page 6 - We request the town staff's view of how the 13 comprehensive plan goals are or are not served by this project. Please comment specifically on item 3 "Conserve and protect existing neighborhoods."

Page 7 – This property is not consistent with the Northern Area Task Force report which suggests that this parcel be a hub… In light of the fact that UNC bought this property and is $200M of its foundation money on University Square, the property is unlikely to become a focal community space. Thus, the following statement is not supported by the facts or by this proposal: "... at the intersection of Martin Luther King Jr. Boulevard and Homestead Road, the [Northern Area Task Force] report suggests identification as a hub with inclusion of a focal community space with supporting neighborhood retail. We believe this proposal, located approximately 440 feet north of the intersection, is consistent with the broad mixed-use designation."

Page 36 - IFC did not have community "discussions". It held 3 meetings where citizen concerns were gathered. There was no discussion and there were no questions answered during the meetings. Only select questions were addressed months later on the IFC website.

***PLEASE NOTE*** This is one of the most important parts of the review. Page 39 - Item 9 - Information from IFC is insufficient. The CHPD must provide a statement directly to the planning department in writing indicating that there will be no negative effects for the neighbors and the park. Alternately, if there are negative effects, then the CHPD must quantify those effects. In addition, a CHPD representative should hold a meeting as part of this review process to answer citizen questions regarding any CHPD statements.

Page 39 - Where has the town posted the document referenced in item 10: "The Statement of Justification is included with the SUP submittal package to the Planning Department."?

Page 40 appears to have a serious error where it states "According to Roger Stancil, Chapel Hill Town Manager, the site selection criteria adopted by the Town of Chapel Hill on September 17, 2007 included the following: ..." This is the first I have heard of this having been formally adopted. PLEASE PROVIDE MATERIALS SUPPORTING THIS STATEMENT, because neither the agenda nor the minutes of that meeting indicate that this item was brought to the town council. 72

Page 40 concedes that the land for this project was identified with a process that was not public. Page 40 also concedes that town staff identified the site and that only 1 of 60+ UNC parcels were studied and only a few select parcels of public property was listed for possible selection.

Page 44 - The statement "The neighbors eventually withdrew from this process." is a serious misrepresentation. The neighbors were ASKED TO PAY $750 TO CONTINUE THE DISPUTE RESOLUTION PROCESS. Neighbors were not inclined to pay $750 for a project for which they have serious concerns.

Page 44 - There were no discussions between IFC and the community, Leading and Governing Associates was hired to gather concerns. IFC did not allow questions to be asked during the meeting.

Page 45 – IFC states that they have support on Facebook for this project. Our analysis has found that of the first 530 members, 30% were from Chapel Hill, 37% of the members lived outside Orange County, 23% had no location specified in their profile, and 8% were UNC students. A high percentage of Facebook members who support this project don’t live in Chapel Hill.

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Handout Provided by Mark Peters at the January 4, 2011 Planning Board Meeting: Inter Faith Council Community House Men’s Shelter Special Use Permit

STIPULATIONS FOR IFC SPECIAL USE PERMIT PROPOSED BY ABETTERSITE.ORG - A COALITION OF NEIGHBORHOODS

January 4, 2011

This document may be amended as questions are answered, further details are provided, and changes are made to the SUP.

The proposed location is inappropriate for the services that are being proposed. The site is too close to large preschools and youth athletic fields. The site was selected from several town, one university property, and no private parcels of land in a process that was performed behind closed doors. This site selection process failed to recognize the existing burden of a current 56 bed shelter, a drug detox center that detoxes 850 clients per year and institutionally houses both a men’s and women’s facility for ongoing detox, and public housing, all of which surround a single town park. Overconcentrating at risk social services is documented by the American Planning Association as a factor which produces negative outcomes in those being served by the programs. In addition to negatively impacting those being served, overconcentrating all of the highest overnight at-risk facilities in the town and the county into one-fifth of a square mile is unfair to neighbors and users of the park. As documented by citizens in numerous public meetings, the town should have established publicly vetted criteria and conducted a public search process since this proposed facility is receiving, at present, $1.8M in public assistance which is likely to increase over time.

If the town decides to ignore the clustering of overnight social services that will create the “Homestead At Risk Campus”, then we ask the town to implement the following stipulations and enact the following ordinance provisions to insure that future projects will not exascerbate the Homestead/MLK overconcentration and to insure that other projects in the future will be openly considered and will reasonably consider schools, neighborhoods, and parks.

1. The facility must provide only transitional services with a maximum of 52 residents. 2. Client Intake Requirements a. Due to proximity to preschools and given current sex offender laws, positive identification is required for all clients and background checks are required prior to intake.1 b. No one under the influence of drugs or alcohol should be allowed. 74

c. Anyone admitted must agree to stay and must be kept until 7am the next morning. d. IFC may not eject out during the night unless the person is being taken off premises to another facility by the authorities. Ie – the person is being arrested and detained or the person is voluntarily or involuntarily committed to another facility (e.g. the police station or a mental health facility) 3. Given that all of the at risk overnight social services in the entire county are currently and proposed to be located in one fifth of a square mile, No expansion of the proposed IFC facility will be allowed in the future. 4. An ordinance must be enacted which acknowledges the overconcentration of at risk social services in the Homestead Park area. a. This ordinance must prohibit new social services of any kind within 1 mile of Community House, Homestart, or Freedom House. The ordinance must also prohibit expansion of Community House, Homestart, or Freedom House. No additional homeless shelters, drug detox, drug halfway houses, soup kitchens, jails, prisoner detention facilities, or any other similar facilities shall be permitted in the area. b. These restrictions must be codified as a standard in the LUMO prior to the SUP being approved and must not be allowed to be overridden with any public purpose finding nor be overridden by any determination that there is a public need. c. No Pocket Shelters shall be allowed within 1 mile of this concentration of facilities. Pocket shelters are emergency shelters offered by churches or other similar providers. d. All of these restrictions must also be placed in the lease with IFC. e. Freedom House must also be asked to sign a document agreeing to restriction all future expansion. f. The town, IFC, and UNC must sign a contract which states that any additional facility or expansion breach will require a financial penalty paid to every landowner within 2,000 feet of facility causing breach prior to any future SUP being issued. 5. Health services and mail services may only be provided on premises for persons who are either residing as a transitional resident on premises or residing as a transitional resident at Homestart for Women on Homestead Road. 6. Due to proximity to preschool and park and neighborhoods, Community House should allow no white flag nights. 7. The Town Council must review the crime and operational concerns identified by IFC and by neighbors on its agenda at least once every 12 months and may revoke the lease should negative impacts be identified by neighbors or park users. As landowner, UNC would retain ownership of the building. 75

8. UNC and the Town of Chapel Hill must agree in their leases that if IFC ceases to operate the facility, that the facility will not be allowed to be operated as a homeless shelter by UNC, the Town, or any other entity. 9. UNC and the Town must stipulate in their contract/lease that future usage of the other portions of the former Duke Power parcel will not allow a homeless shelter, drug detox, drug halfway house, soup kitchen, detention facility, jail, or similar social service faciltiy due to existing concentration. 10. The Town Council must agree that any future facility in Chapel Hill which is leased by the town, funded by the town, or has any funding approved by the town must have a public review process with multiple stages of requirements and site selection with multiple sites submitted for final selection. For example, see the UNC Campus Connector process. 11. Monthly publication requirements: By the 15th of every month, IFC must publish the following for the prior month on its primary website and entries must continue to be published for 5 years: a. Each instance where a client leaves the facility prior to 7am with a clear reason b. A list of incidents where the police were called to the facility c. A list of incidents where a resident was charged with a crime that occurred on or off premises d. An anonymized accounting of residents who are on parole and for what crimes e. Confirmation that all clients provided positive identification f. Confirmation that background checks were run on all clients 12. To identify any developments in progress, all other searches for shelters and other overnight social service facilities with town involvement in the last 5 years should be published within the next 30 days on the town website and notice given as an agenda item in the town council meeting following the availability.

If the town decides to permit IFC to run an Emergency Shelter in addition to its Transitional Shelter program despite strong community-wide opposition and concern about such a facility adjacent to schools, Homestead park, and neighborhoods, then additional stipulations will be required. 1. The provisions permitting the 17 emergency shelter beds in the SUP will expire on December 31st, 2013 at which time the facility will be limited to operate with a maximum of 52 clients, all of whom must be under contract in the transitional program. 2. IFC’s offer to require intake and discharge at the soup kitchen must be codified in both the SUP and the lease. Failure of the facility to intake and discharge clients at the soup kitchen will result in immediate revocation of the provisions permitting the 17 emergency shelter beds. Failure of the facility to secure approval in the Carrboro CUP or any subsequent replacement application to intake and discharge of clients at the soup kitchen will result in immediate revocation of the provisions permitting the 17 emergency shelter beds. 3. Due to proximity to the schools, park, and neighborhoods, no one under the influence of drugs or alcohol will be allowed. 76

4. The criteria for a white flag night should be stipulated in the SUP and the lease. IFC’s current criteria resulted in 224 eligible nights for white flag night in 2010 and 206 in 2009. 2 5. IFC must commit to keep all intake men until the time at which the men are transported to the soup kitchen for breakfast (eg – 7am the next morning). This commitment includes men who commit infractions of the rules. This stipulation is necessary so that men will not be ejected into the park and near the preschools and neighborhoods during the night. The only exception to this is if the person is being taken off premises to another facility by the authorities. Ie – the person is being arrested and detained or the person is voluntarily or involuntarily committed to another facility (e.g. a mental health facility) 6. The emergency services portion of this facility will not operate on nights when emergency shelter is being provided by the county. 7. The maximum number of emergency shelter clients must be explicitly limited to 17 maximum clients. 8. A first occurrence of the intake of more than 17 men will result in immediate and permanent revocation of the SUP provisions which permit emergency shelter services. 9. Monthly publication requirements: By the 15th of every month, IFC must publish the following for the prior month on its primary website and entries must continue to be published for 5 years: a. Each instance where a client leaves the facility prior to 7am with a clear reason. b. Which nights were eligible for a white flag night based on both the criteria and the forecast. c. Which nights were actually open for white flag nights d. The number of clients who stayed on a given night e. All instances where the police were called, dispatched, or arrived on premises f. Confirmation that all clients provided positive identification g. Confirmation that background checks were run on all clients

1 IFC stated in the town-required public information session that they ask for identification but do not require identification. Thus, IFC takes clients without positive identification. North Carolina sex offender registration statutes require registration at the proposed location due to proximity to a preschool. 2 There are approximately two white flag nights for every non-white-flag night. Detailed spreadsheet analyses derived from National Weather Service data of the 2009 and 2010 white flag nights are available at abettersite.org 77

Planning Board Shelter Committee Summary of Recommended Guidelines >Provided to Planning Board on November 2, 2010 >Continued Discussion and Action on November 16, 2010

Direction given to the Planning Board at the June 21, 2010 Council Meeting:

"Develop a shelter policy with guidelines that the Council would consider and include as stipulations in Special Use Permit, as related to the particular aspects of each shelter application, as noted in the response to question 2 in the Discussion Section.. . " ,

Draft list of Possible Guidelines/Policies for Recommendation to Council

Recommendations As Approved By Planning Board, November 16, 2010

A. CONCENTRATION Recommendation: Identify social service uses within 0.25 mile of proposed use and consider how existing net benefit or net burden of those services might be impacted by the potential net benefit or net burden of the proposed facility. Considerations: 1. Net benefit or net burden is not necessarily correlated with either the number or the type of social services 2. Net benefit or net burden would be perceived benefits (critical service, unmet need, increased property values, etc.) minus the potential negative impacts (traffic, noise/light pollution, safety, decreased property values, etc.) of any social service facility Resources include IFC Social Services map as starting point

B. LOCATION CONSIDERATIONS Recommendations:

1. Weigh desirable and undesirable qualities of locations to assess overall desirability of site for proposed use using a distance 0.25 miles as being proximal.

2. Ideal location should have more desirable than undesirable qualities.

3. Staff should consider creating a matrix which could be used to “prioritize” locations much as we currently do to prioritize construction of facilities (streets, sidewalks, bike, etc) in Town.

Qualities of desirable shelter locations: a. Proximity to public transportation b. Proximity to professional services, such as doctor's office, barber shops, and legal offices c. Proximity to grocery stores d. Proximity to job development centers e. Proximity to providers of services often utilized by the homeless (i.e., medical clinics, food banks, library) Qualities of undesirable shelter locations: a. Proximity to residential areas (especially "wet" shelters) b. In industrial areas c. Proximity to adult entertainment facilities d. Proximity to areas with a high concentration of bars and/or liquor stores

(list cited from Gilroy, California, homeless shelter guidelines) Note: NC law currently prohibits housing sex offenders within 1000 feet of daycare facilities and schools. 78

C. GOOD NEIGHBOR PLANS (plans & strategies for mitigating possible impacts) Recommendations: 1. Stipulate that proposed facility demonstrate that it has a mechanism/plan in place at time of application for community involvement. Include homeless community as participant. a. for at-risk shelters in residential areas, include description of security plan, including procedures for transporting those turned away or asked to leave b. include mechanism for regular neighbor feedback, including process for mitigation. c. include description of security plan, including method of dealing with those turned away or asked to leave. 2. Provide for periodic (e.g., annual) site assessment report card

D. DESIGN CONSIDERATIONS/PERFORMANCE STANDARDS (e.g., hours of operation, design requirements for basic amenities such as restrooms, drinking water, exterior lighting, and seating areas) Recommendations: 1. Submitted plans include description of recreational facilities/program 2. Require police/fire department statement of any concerns that they might have for this type of service facility at time of application

E. IMPORTANT CONSIDERATIONS: 1. Implement documentation process to collect before/after data as a way of building objective and accurate information base for citizens and Council regarding these types of services. 2. Include longitudinal data on similar uses elsewhere if possible. 3. Suggested types of data: property values, crime/police report statistics 4. Explore alternative solutions specifically for homeless shelters in recognition of the IFC's preference for concentrating on transitional support services.

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IFC COMMUNITY HOUSE MARTIN LUTHER KING JR. BOULEVARD CHAPEL HILL, N.C.

DEVELOPER’S STATEMENT SPECIAL USE PERMIT JUNE 7, 2010

Introduction

This is a request for review of a Concept Plan describing the development and construction of a new Community House campus as described herein and on the accompanying plans, on Martin Luther King Jr. Boulevard. The proposed redevelopment property is located wholly in Chapel Hill and within an existing OI-2 zoning district.

Background

The property on which Community House is proposed is a part of a larger lot that was, until recently, occupied by Duke Power. When this site was originally developed by Duke Power it was located outside of the Chapel Hill town limits and within the jurisdiction of Orange County. Duke Power sought, and received, zoning approval and a Special Use Permit from the Orange County Commissioners in 1982. Simultaneous with making the request to Orange County, Duke Power showed their plans on a courtesy basis to Town of Chapel Hill boards and commissions and the results of these courtesy reviews were communicated to the Orange County Commissioners to be considered as part of their decision making.

Shortly after Duke Power received their regulatory permitting, this property was annexed into the Town of Chapel Hill and continued to be used subject to the terms and conditions of the existing Special Use Permit and subsequent use permits approved by the Town of Chapel Hill.

The University of North Carolina at Chapel Hill (UNC) purchased the larger lot from Duke Energy (aka Duke Power) and agreed to lease a portion of the larger lot to The Town of Chapel Hill, who in turn will lease the property to The Inter-Faith Council for Social Service (IFC). The IFC will develop and run Community House.

The property that Community House proposes to occupy is a 79,000 s.f. lot in the extreme north east corner of the larger UNC lot. It will be developed totally independent of the larger lot and will not share access, egress or utilities with the larger lot.

General Site Description

The property consists of a leased parcel of land totaling approximately 79,000 square feet, located on the west side of Martin Luther King Jr. Boulevard between the intersection of Homestead Road and Stateside Drive Extension. The area map that accompanies this request shows the exact location of the property. At present this part of the property is unoccupied.

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The site slopes from the west toward the east, with a predominant east/south east exposure. The slope becomes steep at the setback line from Martin Luther King. Jr. Boulevard. The site is evenly covered with mature pines extending from the south line up to a northern line that defines a Duke Energy power line easement. North of the Duke Energy easement is land owned and occupied by the United Church of Chapel Hill.

Goals and Objectives:

The IFC plans to relocate its Community House residential program for men from the Old Municipal Building at 100 W. Rosemary Street to the land described above on Martin Luther King Jr. Boulevard in Chapel Hill, NC. The IFC will develop and build a 52 -bed transitional housing facility for homeless men on a 1.66-acre tract of property leased by the UNC to the Town of Chapel Hill. The Town then plans to make the site available to the IFC for the construction of the project. The leases from UNC and the Town will both be for 50 years.

The Community House campus, adjacent to the United Church of Chapel Hill, will be approximately 16,000 square feet and will include transitional accommodations for 52 persons, a resident dining room with seating for 28 persons, staff offices, counseling rooms, meeting areas and a free medical/psychiatric clinic for residents. Some of the shared space may also be available to community volunteers and groups that provide specialized services to homeless residents. In addition to these features, Community House will also provide 17 spaces on the downstairs floor for fold-up cots for emergency shelter unless an alternate location for emergency shelter services is found. As detailed architectural plans develop, the general plan is to configure transitional housing space for 52 beds to include: two 10 bed dormitories with bunk beds for 20 residents; five quads to accommodate 20 residents; and six doubles for 12 residents.

Community House’s service-enriched residential program uses a rehabilitative model that begins with overnight shelter and leads to a residential program that emphasizes responsibility, opportunity and independence. The new Community House promotes self-governance; partnerships with the Town of Chapel Hill, congregations, community volunteers and local service organizations; and assists residents with the necessary resources to overcome homelessness and transition back into the community. Community House is a place that accomplishes many things based on a continuum of care model that residents need in association with community support systems.

Community House's beneficiaries are homeless men facing a myriad of challenges including chronic mental illness, substance abuse, joblessness and health issues. Approximately 60% are between the ages of 31 and 54 and about 10% are over 55 years of age. Many are older veterans. A maximum of 52 homeless men a night will be housed at Community House's new facility and receive services. In addition, on an as needed basis, homeless men requesting emergency shelter during difficult weather conditions will be offered use of the fold-up cots on the first floor. The Community House campus will also include the Robert Nixon Free Clinic for the Homeless where volunteer health professionals will provide medical, dental and mental health services for Community House and HomeStart residents.

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Appendix A: About the Applicant

The IFC meets basic needs and helps individuals and families to achieve their goals. Staff, volunteers and partner groups offer assistance to people in need of food, fuel, medicine, rent, referrals and utility assistance; and emergency shelter and long-term housing for homeless men, women and children. We accomplish this through strong partnerships with volunteers, staff and those we serve. We rely on the active involvement of caring individuals, congregations, local governments and other community organizations. The IFC was founded in 1963 to address the significant gaps that existed in the social safety net of our community. With no paid staff or office space, IFC began providing crisis intervention programs for people in dire need. Today the IFC is a nondenominational, not-for-profit social service organization with 17 FT, 7 PT staff, 6 AmeriCorps/student interns and approximately 1,000 community volunteers continuing its work of fulfilling the unmet needs of our poorest neighbors in Carrboro, Chapel Hill and Southern Orange County. Major IFC programs and activities include: Advocacy and Community Education – promote public awareness about local issues, and push for outcomes to reduce poverty, homelessness and hunger Food Programs – increase food security among households and hungry persons Food Pantry – supplies groceries to those who work or live in Carrboro and Chapel Hill Community Kitchen – offers three hot, nutritious meals per day, 365 days a year, free of charge to Community House guests and other community members Prevention Programs – offers consultation, referrals and crisis financial support to prevent homelessness Residential Services – provide a safe, structured and supportive environment for homeless individuals Community House – offers emergency shelter to homeless men in downtown Chapel Hill HomeStart – offers emergency and longer term housing to homeless women and children on the Southern Human Services campus Robert Nixon Free Clinic for the Homeless – volunteer health professionals provide ongoing medical and mental health services to homeless residents Other services – job coaching, social work, community resource referrals, partner agency projects, laundry and postal services and emotional support provided to residents

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STATEMENT OF JUSTIFICATION COMMUNITY HOUSE

APPLICATION FOR A SPECIAL USE PERMIT

INTRODUCTION

The Inter Faith Council is the Developer of this proposal, a Special Use Permit. Please see the Developers narrative and below for a project description and the reasons for proposing this facility.

SITE DEVELOPMENT

The existing site is wooded, and slopes from west to east. There is an existing gravel pedestrian path along the west side of the site, which has been integrated into the IFC project. The adjacent properties are as follows: • North: United Church of Chapel Hill and an existing Duke Power easement. • West & South: UNC-Chapel Hill Printing press. • East: Martin Luthur King Jr Blvd.

Vehicular access to the facility is by way of an existing access drive serving the United Church. Pedestrian paths have been provided, which will establist interconnectivity with neighbors on all sides of the property. Adequate parking is proposed. The parking area is designed to accommodate this proposed facility, but will not provide excessive parking or impervious surface. Garbage and recycling facilities are screened from view by a gated enclosure and landscaping on the west end of the parking lot.

INFRASTRUCTURE

This building site is accessible by pedestrians and vehicles from Martin Luther King Jr. Boulevard, a 4 lane arterial roadway maintained by the State. Sufficient infrastructure is in place. Vehicular access will be provided by the existing driveway and proposed access easement on the United Church of Chapel Hill property. OWASA water and sewer mains will be extended to the site from the north, through the United Church of Chapel Hill property. Electric and gas are available underground directly from Martin Luther King Jr. Boulevard and the Duke Energy easement to the north.

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FACILITY DESCRIPTION

The IFC plans to relocate its’ Community House residential program for men from the Old Municipal Building at 100 W. Rosemary Street to the land described above on Martin Luther King Jr. Boulevard in Chapel Hill, NC. The IFC will develop and build a 52-bed transitional housing facility for homeless men on a 1.65-acre tract of property leased by the University of North Carolina to the Town of Chapel Hill. The Town then plans to make the site available to the IFC for the construction of the project. The leases from UNC and the Town will both be for 50 years.

The Community House campus, adjacent to the United Church of Chapel Hill, will be approximately 16,000 square feet and will include transitional accommodations for 52 persons, a resident dining room with seating for 28 persons, staff offices, counseling rooms, meeting areas and a free medical/psychiatric clinic for residents. Some of the shared space may also be available to community volunteers and groups that provide specialized services to homeless residents. In addition to these features, Community House will also provide 17 spaces on the downstairs floor for fold-up cots for emergency shelter unless an alternate location for emergency shelter services is found. As detailed architectural plans develop, the general plan is to configure transitional housing space for 52 beds to include: two 10 bed dormitories with bunk beds for 20 residents; five quads to accommodate for 20 residents; and six doubles for 12 residents.

Community House’s service-enriched residential program uses a rehabilitative model that begins with overnight shelter and leads to a residential program that emphasizes responsibility, opportunity and independence. The new Community House promotes self-governance; partnerships with the Town of Chapel Hill, congregations, community volunteers and local service organizations; and assists residents with the necessary resources to overcome homelessness and transition back into the community. Community House is a place that accomplishes many things based on a continuum of care model that residents need in association with community support systems. Community House's beneficiaries are homeless men facing a myriad of challenges including chronic mental illness, substance abuse, joblessness and health issues. Approximately 60% are between the ages of 31 and 54 and about 10% are over 55 years of age. Many are older veterans. A maximumminimum of 52 homeless men a night will be housed at Community House's new facility and receive services. In addition, on an as needed basis, homeless men requesting emergency shelter during difficult weather conditions will be offered one of the fold-up cots on the first floor. The Community House campus will also include the Robert Nixon Free Clinic for the Homeless where volunteer health professionals will provide medical, dental and mental health services for Community House and HomeStart residents.

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PUBLIC ART

After meeting with the Town’s Public Art representative, it was agreed that IFC would relocate an existing art piece from the dining room of the current downtown facility to the proposed building. A photograph and description of the art piece will be submitted to the Town.

FINDINGS OF FACT

As is required for securing a modification to the existing Special Use Permit for this proposal, the following information is provided in support of the four findings of fact as described in Article 4.5.2 of the Chapel Hill Land Use Management Ordinance.

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 proposed Community House will provide a transitional living facility for men. This facility will be designed and operated to meet current guidelines for developing and operating these facilities. The operator, The Inter Faith Council has a long history of operating similar facilities with an exemplary record. The facility will be designed to be fully accessible.

FINDING #2: That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Article 3 and 5 and the applicable specific standards contained in the Supplemental Use Regulations (Article 6) and with all other applicable regulations.

This proposed Community House submission is in compliance with the Development Ordinance and land development regulations and standards, including the Use and Dimensional standards defined in Art. 3, the Application Procedures outlined in Article 4, the Design and Development Standards set out in Article 5, and any Special Regulations for particular uses in Article 6.

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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.

The proposed Community House is located in an existing I-2 zone. The proposed location is bordered on one side by a major arterial, by the United Church on a second side and by the University of North Carolina at Chapel Hill on the remaining two sides.

The use is a public necessity, as it will be the only transitional housing facility with a defined program in Chapel Hill to serve homeless men. Serving the homeless in Chapel Hill is, and has been, a public/private mission for many years. This particular site is being leased at $1 by the University of North Carolina at Chapel Hill to the Town of Chapel Hill, and the Town of Chapel Hill is leasing the site to the Inter Faith Council for the express purpose of developing a men’s transitional facility to serve this mission. There can be no more clear expression of the shared vision of public necessity.

This proposal conforms with the Zoning Atlas and the Comprehensive Plan of the Town of Chapel Hill. See the Project Fact Sheet attached hereto and the discussion under Finding #4, below.

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.

This proposed facility development is in conformance with the Zoning Atlas and the Comprehensive Plan for the development of Chapel Hill and its environs.

This proposed facility is in an OI-2 zone, one of the zones in which a men’s transitional facility may be located. Thus it is consistent with the zoning map, a reflection of the plan for physical development in Chapel Hill.

The Comprehensive Plan articulates a vision and directions in which we want the community to move. It is the culmination of work by the citizens of Chapel Hill. The citizens of Chapel Hill helped prepare the plan through the work of a task force and public work sessions. The Chapel Hill Town Council, as representatives of the citizens of Chapel Hill subsequently approved the Comprehensive Plan.

Following is a summary of how we believe Community House supports, and is consistent with, the current Chapel Hill Comprehensive Plan.

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1 A major theme of the Comprehensive Plan (Article 2.2) is to: Maintain The Urban Services Area/Rural Buffer Boundary

Community House is proposed to be developed on land that has been zoned OI-2 for nearly 30 years. This project represents the re-development of a part of an already developed property. The project site is located more than a mile inside of the Urban Services Area, and therefore will not impact the Rural Buffer Boundary. Developing this community facility in a location that is adjacent to a major arterial, Martin Luther King Jr. Boulevard; is consistent with the in-town development density articulated in the Northern Area Task Force Report of which it is a part; and utilizing existing utility infrastructure all help to concentrate development and preserve the rural buffer by absorbing demand within the existing town infrastructure.

2 A major theme of the Comprehensive Plan (Article 2.2) is to: Participate in the Regional Planning Process.

IFC with its partner, the Town of Chapel Hill, has been searching for a permanent facility in Chapel Hill for more than 20 years. During this time, IFC has investigated multiple other opportunities, and has determined that this site is the most feasible location. Several key factors in the selection of this site include: • Close proximity to public transportation. • Our friendly UNC and United Church adjacent neighbors are in support of this project. These neighboring properties also help to achieve a substantial buffer between this site and surrounding residential communities. There are few locations this close to downtown, which can achieve this degree of buffering from residential communities. • Due to the limited supply of land in Chapel Hill, this is the only site presently available to IFC. • Proximity to other social services. • There is essentially no land cost to IFC for this property. UNC is providing this land through a lease arrangement with the Town and IFC. At present, IFC does not have another benefactor, which is willing to provide land in Chapel Hill for our project. • A site selection goal was to find a site, which had reasonable proximity to downtown Chapel Hill, without actually being downtown. Nor did we want a site, which was too far from downtown. This site achieves that criteria.

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The IFC team has been actively engaged in discussions with a wide range of government agencies and the public towards the planning of this project. Our team has met with the following Chapel Hill entities and others: Planning Department, Stormwater Department, Parks & Rec, Police, Fire, Engineering, and OWASA. IFC has sponsored multiple public information meetings in the area. IFC has entertained comments from all of these entities, and we have gone to great length to plan the project in a way, which is in the community’s best interest.

IFC routinely discusses the homelessness situation with similar organizations in the area. All agree that the homelessness situation in Chapel Hill is dire, and a permanent facility needs to be planned for in the Chapel Hill region. IFC’s mission is to transition the existing homeless population back into productive, self-sufficient members of society. Without the service, which we provide, we believe that the homelessness problem in Chapel Hill will get worse.

IFC encourages community discussion, and we will continue to be open to dialog with the Town of Chapel Hill and the community towards the planning of this project.

3 Article 3A of the Comprehensive Plan has the dual objectives of: a) Conserve and Protect Existing Neighborhoods and b)Enhance Chapel Hill’s socio-economic diversity.

This project is located on a piece of property that is directly adjacent to lands owned by the University of North Carolina at Chapel Hill and the United Church. It is not directly adjacent to residential neighborhoods and is separated from residential neighborhoods by major thoroughfares and public properties.

The surrounding UNC and church properties provide a substantial buffer between IFC Community House and residential neighborhoods in this part of Town. This property is the only site that is within reasonable proximity to Town, which is available to IFC, and achieves this degree of buffering from surrounding residential neighborhoods.

Based on community input and IFC objectives, Community House will provide the following additional policies to maintain the residential atmosphere of neighborhoods in this part of Town: • Community House residents will have a curfew. • Community House will have a “no visitors policy”. 6

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• Prior to being admitted into our program, IFC performs an extensive background check. It is IFC policy to not accept hard-core offenders into our program. • Sexual offenders will not be allowed at our facility. • Those admitted into our long-term bedroom program must be sober, and cannot use illegal drugs. (Note: We will not turn away homeless men who seek temporary shelter for the night unless they are deemed to be a disturbance.) • IFC Management will monitor the activities of its residents. In the event of a situation, IFC will take disciplinary action with its residents. Those who break the rules will be asked to leave the facility, and if appropriate, IFC will report to the police. IFC’s 20+ year history in Chapel Hill shows that these situations are quite rare. • IFC’s policy will not allow our residents to loiter, or to use the park when it is closed. We have met with the Chapel Hill Police Department, and it is their policy to patrol the park after hours to enforce the park rules. • IFC fosters an atmosphere of improvement. Personal development of our residents is rewarded by promoting our residents to larger bedrooms. When our residents advance, they take on more responsibilities at IFC. Those who prove themselves worthy are put in a position of mentoring and overseeing our newer residents. Our senior residents, who have proven themselves worthy, will help to monitor the activities of newer residents. This atmosphere of seniority, achievement, and mentoring has been found to create an enhanced community atmosphere.

This project is being developed in partnership with its direct neighbors, the United Church and the University of North Carolina at Chapel Hill, as can be seen in the site plan. These neighbors and the IFC share a commitment to serving the homeless.

4 Article 3.2 also has the objective to: Conserve and Protect the Natural Setting of Chapel Hill.

This project is located on a site that has already been partly developed and is adjacent to a major arterial. The building is planned to face south, consistent with best practices for solar accessibility. Healthy existing trees will be retained where possible, preserving trees and understory within existing vegetated buffers on the south and west sides of the site and part of the east side of the site.

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The north side of the site is within an existing Duke Energy easement and is kept cleared to protect the power lines within the easement. This proposal includes a buffer zone inboard of this easement, which will include the installation of trees, understory and shrubs. The project will include sand filters, which are recognized by NCDWQ as one of the best devices for stormwater quality treatment. Cisterns will be used to capture roof runoff, and allow for water reuse inside the restrooms of the building. Multiple large landscaped areas, flower beds, and a vegetable garden are proposed to make this a more sustainable, attractive project.

Landscape buffers provided around the perimeter of the site will be composed of preserved existing trees and newly installed trees and shrubs for screening , buffering and aesthetic purposes. Canopy trees will be installed within the site to create shade and provide beauty. A sustainable landscape materials palette will be utilized. Plant materials will be selected for drought tolerance and low maintenance characteristics, using native materials when possible. The use of lawn will be limited to reduce the need for irrigation

5 Article 8A-1 includes the strategy of “Encourage development of selected ‘opportunity areas’ to achieve Comprehensive Plan objectives” and further notes interest in “ Selected sites along Airport Road (now known as Martin Luther King Jr. Boulevard) that are either undeveloped or developed below their zoning capacity.”

The location of a moderately dense residential use on land zoned OI-2 represents a creative use of this property. This building will be two stories high and will help develop a transition between the arterial street to the east and future development deeper into the larger piece of property to the west owned by UNC. The land now is developed below its zoning capacity. The public-private nature of the partnership that created this project represents the best of opportunity area development.

6 Create and preserve Affordable Housing Opportunities.

Article 7A-1 has a goal to: Work with housing providers to develop affordable housing in Chapel Hill.

Affordable Housing is best understood as a part of a continuum of residential needs. This continuum, in Chapel Hill, extends from: a) shelter for the homeless; to b) rental

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housing for low income residents; to c) mid range housing; to d) housing for people earning up to 80% of the area median income.

Currently Orange Community Housing and Land Trust and Empowerment are principal service providers for people at the 80% income level. Habitat for Humanity of Orange is the principal service provider for housing ownership for people with lower incomes, down to about 30% of the area median. Empowerment is the main provider for affordable rentals and the Inter-Faith Council is the main service provider for housing for the homeless.

Article 7B has a goal of: Maintaining Housing Diversity in the face of a predominantly high end, high cost, housing market is a major challenge to the Town of Chapel Hill.

This proposed project, along with HomeStart (an existing Inter-Faith Council facility) represents one way of meeting that challenge for our neighbors least able to compete in the Chapel Hill market while remaining in Chapel Hill.

Article 7.1 of the Comprehensive Plan states that “By emphasizing affordable housing, the Town can help maintain Chapel Hill’s traditional socio-economic diversity”. This proposed project, along with HomeStart (an existing Inter-Faith Council facility) represents the core service for homeless individuals in Chapel Hill and these facilities help Chapel Hill maintain its socio-economic diversity.

7 A theme of the Comprehensive Plan (Article 2.2) is to Cooperatively plan with the University of North Carolina.

Community House represents the best of cooperative planning. The University of North Carolina at Chapel Hill owns this land. When approached by the Town of Chapel Hill, UNC agreed to lease the land to the Town for the express purpose of locating a shelter for homeless men. The Town of Chapel Hill is leasing the land to the Inter-Faith Council, a not-for-profit community agency, which will develop and run this important community facility.

IFC has attended multiple meetings with UNC Facilities Planning staff. The IFC plans have undergone several rounds of revisions, and the current design is a result of the cooperation between UNC and IFC.

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8 Work toward a Balanced Transportation System.

Article 10.2 includes the objective to: Increase emphasis on transit, bicycle and pedestrian mobility town wide.

Most Community House residents do not own or use automobiles which is why this location, on a major bus route, is optimal. The Comprehensive Plan encourages “a community wide multi-modal transportation system”. By locating this facility on a bus route, we can make it easier for both residents and volunteers to access the facility by bus or bike. We are also including parking for only 16 automobiles, less than the number of beds or the number recommended for a building of this size. By limiting parking, we are giving further encouragement to use alternative modes of transit.

There are four bus stops within approximately ¼ mile of the IFC site, making this one of the most transit-friendly locations in the Chapel Hill area. This proposal also includes racks for 10 bicycles and Martin Luther King Jr. Boulevard is a bicycle route.

9 Complete the Bikeway/Greenway/Sidewalk systems.

Article 10A-2 recommends developing “..a comprehensive pedestrian and bicycle network”. The Town of Chapel Hill has been diligent in developing a comprehensive pedestrian and sidewalk network and now there are existing sidewalks and bike lanes on Martin Luther King Jr. Boulevard, which help connect this site to many other locations in Chapel Hill. By locating this facility, which is intended to use the bus, bike and pedestrian network, on a site that is already well served will enhance the effectiveness of the comprehensive pedestrian and bicycle network.

The IFC site plan shows multiple sidewalks to interconnect IFC with the adjacent MLK, UNC, and United Church properties.

10 A theme of the Comprehensive plan (Article 2.2) is to Provide quality Community Facilities and Services.

Community House is the product of many partnerships: the partnership between Town and University, and the partnerships between the Inter-Faith Council and the 10

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many faith based organizations, which support it. Community House is a community facility in the best sense. This facility will help the Inter-Faith Council provide a high quality level of service to homeless men in partnership with the entire Chapel Hill Community.

The architecture, landscaping, and site design provided in this submittal demonstrate that this IFC facility will be one of high quality, and it will provide one of the most humane community services found anywhere in Chapel Hill. We believe that this new building will provide an attractive streetscape to motorists on Martin Luther King Jr. Blvd. By transforming homeless men into productive, self-sufficient members of society, IFC will continue to provide an excellent service to the community, which will enhance the quality of life of the citizens of Chapel Hill.

11 Develop strategies to address fiscal issues.

This theme is directly applicable because it should be noted that the Inter-Faith Council has developed successful strategies to help pay for this important community service. They include pursuing and obtaining Federal funds and community contributions in support of this new facility that serves an important and necessary community function. If these alternate funding methodologies were not employed, more expense would accrue to Chapel Hill tax payers for the many services IFC now provides.

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94 Town of Chapel Hill Project fact Sheet

Section A: Project Information Application Type: Special Use Permit Date: May 25, 2010 Project Name: Community House, The Inter Faith Council Rev: Dec 16, 2010

Section B: Gross Land Area (GLA) Net Land Area (NLA) Area within Zoning Lot Boundaries NLA = 72,099 sf = 1.65 ac Choose one, or both of a)Credited Street Area (total adjacent frontage) x ½ width of public ROW CSA = 7,210 sf max the following (a or b) not b)Credited Permanent Open Space (total adjacent frontage) x ½ public COS= to exceed 10% of NLA or dedicated open space Total: NLA + CSA and/or COS = Gross Land Area (Not to exceed NLA + 10%) GLA = 79,309

Section C: Required Land Use Intensity Zoning – Area – Ratio Impervious Surface Area Thresholds Minimum and Maximum Limitations Zoning Districts(s) Gross Floor Recreation Low High Non Maximum Minimum Land Area Area Space Density Density Residential Floor Area Recreation (GLA) per Ratio Ratio Residential Residential (0.70) (MFA)= FAR Space Zoning (FAR) (RSR) (0.24) (0.50) x GLA (MRS)=RSRxGLA District 0I2 79,309 .264 19,034 39,654 55,516 20,938

Total 79,309 .264 19,034 39,654 55,516 20,938 RCD Streamside 0 RCD Managed 0 RCD Upland 0

Section D1: Onsite Dimensions This table pertains to “onsite” property only (aka IFC Lease Boundary) Dimensional Unit (sq. ft.) Existing (sq.ft.) Demo (sq.ft) Proposed (sq.ft.) Total (sq.ft.) Floor Area (all floors heated & unheated) 16,250 0 16,250 16,250 Principal Building Area (floor area on ground floor) 8,125 0 8,125 8,125 Impervious Surface Area (ISA) 4,352 (onsite) 1,817 (onsite) 28,909 (onsite) 31,444 (onsite) GLA with Impervious Surface (ISA/GLA) % .055 (onsite) .023 (onsite) .365 (onsite) .396 (onsite) Area of Land Disturbance 0 56,364 (onsite) 56,364 (onsite) Area of Land Disturbance within RCD 0 0 (onsite) 0 (onsite) If located in Watershed Protection District % of impervious surface on 7/1/1993 Recreational Space

Section D2: Offsite Dimensions Offsite construction on Church Property (within IFC disturbance limits). Dimensional Unit (sq. ft.) Existing (sq.ft.) Demo (sq.ft) Proposed (sq.ft.) Total (sq.ft.) Impervious Surface Area (ISA) 967 (offsite) 235 (offsite) 4,028 (offsite) 4,760 (offsite) Area of Land Disturbance 0 21,859 (offsite) 21,859 (offsite) Area of Land Disturbance within RCD 0 2600 (offsite) 2600 (offsite)

95 Section D3: Offsite Dimensions Estimated Overall Data of United Church of Chapel Hill Property (offsite). (This information provided at the request of Chapel Hill Planning Department staff. The data in this section is not official. Refer to previously approved ZCP on file at Chapel Hill Planning Department of United Church project for official data.) Dimensional Unit (sq. ft.) Area (sq.ft.) Total existing Impervious on United Church Property (including portion of Homestead Park Drive) 134,501+/ (offsite) Phase 2 United Church Parking Lot (Approved ZCP, but not yet constructed) 31,348+/ (offsite) Total Permitted Impervious on United Church Property (Existing + Phase 2 Parking) 165,849+/ (offsite)

Watershed Protection District Historic District Small Area Plan 100 Year Floodplain Neighborhood Conservation District Resource Conservation District Airport Hazard Zone

Section D: Dimensions (cont.) Dimensional Requirements Req. By Ordinance Existing Proposed Setbacks Street 22 0 22 Minimum Interior (neighboring property lines) 8 0 8 Solar (northern property line) 9 0 48’ Height Primary 34 0 22’ maximum Secondary 60 0 44’

Building/Dwelling Units Existing Proposed Parking Spaces Minimum Maximum Proposed % of total Number of Buildings 0 1 Regular Spaces 15 15 94% Number of Floors 0 2 Compact Spaces Number of Beds 0 52 Handicap Spaces 1 1 6% Number of emergency (foldup) 0 17 Total Spaces 16 16 100% beds Loading Spaces Bicycle Spaces 10 10 100%

(Note: Six additional parking spaces are proposed on United Church property for the Church’s use. These six parking spaces compensate for existing Church parking spaces, which will be displaced by the IFC driveway construction. Refer to site layout plan.)

Section E: Landscape Buffers

Location Minimum Width Proposed Width Alt. Buffer Modify Buffer East Site Edge 30’ 30’ D Type No South Site Edge 10’ 10’ C Type No West Edge 10’ 10’ B Type No North Edge 10’ 10’ B Type No

Section F: Utility Service

UTILITY SERVICE (check all that apply) Water OWASA XX Individual Well Community Well Sewer OWASA XX Individual Septic tank Community Package Plant Electrical Underground XX Above ground Solid waste Town XX Private Telephone Underground XX Above Ground

96 Section G: Adjoining or Connecting Streets

Street Name ROW Pavement Number of Exist. Exist’g width width lanes sidewalk C&G Martin Luther King, Jr. Boulevard 126’ 4 + turn Yes Yes

97 98 99 100 101 102 103 104 105 106 107

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Inter-Faith Council for Social Service Community House

Why is Community House moving? What is the program model? Inadequate space for our program Transitional housing Medical services for “Temporary” location since 1985 Focus on all residents Other ancillary services transitional housing Town wants building provided by like agencies Self-governance back 30 day lease IFC has been searching Jobs and housing for self-sufficiency for a permanent location for 12 years What’s the difference between emergency shelter What were the key parameters established by IFC and transitional housing? leaders for the new location? IFC has looked at other models Healing Access to public transportation Access to Place model services and like organizations Access to jobs, shopping centers and recreation outlets Who will do emergency shelter? (HUD preference) IFC will offer 17 cots Orange County Partnership to End Homelessness Rotation Why are we separating kitchen from men’s of downtown congregations proposed facility? More private space for men to work towards What assurances can IFC give the community that their goals Drop-in center no longer safety and security in surrounding neighborhoods desirable will not be compromised? Not a drop-in center IFC will do What is FoodFirst? assessments, screen and check sex offender Food programs collocated Primarily registry before men are enrolled IFC will have designed for those who live and work in residents sign contracts and agreements on Carrboro and Chapel Hill Self-governance basic rules, expectations and consequences and customer choice emphasis Security systems will be installed, with cameras inside and outside the building No Why the location at 1315 Martin Luther King, Jr. personal visitors policy Actively discouraging Blvd.? loitering, panhandling and inappropriate 1.66 acres donated by the University of behavior on adjoining property Resident North Carolina Result of an exhaustive arrests very small percentage search in both Chapel Hill and Carrboro Zoned appropriately for residential facility How does Community House help our community? Proximity to public transportation, jobs and What if Community House didn’t exist? services Ideal for transitional housing to help Community House is part of the solution residents recover from homelessness, rebuild Men are more vulnerable because they don’t their lives and become active and productive seek services or get sympathy and support members of the community Providing jobs and stimulus back to the community How is the Community House Project described as a public/private partnership? Town of Chapel Hill University of North Inter-Faith Council for Social Service Carolina United Church and other nearby 110 W. Main St. Carrboro, NC 27510 congregations tel. 929-6380ねwww.ifcweb.org marchonpoverty.blogspot.com

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Jennifer Feldman, Rabbi 919-942-8914 Warren Silbovitz, President [email protected]

August 12, 2010

Dear Chris Moran, Executive Director of IFC,

In recognition of the good done by the IFC in our community to respect and care for the neediest among us, and with an understanding that the proposed transitional facility will be part of the solution to combating local homelessness, the Kehillah formally supports the efforts of the IFC to build a permanent Community House Men’s Transitional Facility on MLK Boulevard on land being offered by the University and the Town of Chapel Hill for that purpose. Our decision to support the facility was based on the following values:

• You shall love the stranger as yourself for you were once strangers in the land of Egypt (Lev. 19:34). No less than thirty-six times, the Torah declares our obligation to love and care for the stranger because we were once strangers in Egypt. The call to take care of the stranger, of society’s most vulnerable, is central to Jewish ethics and identity. • Every human being is created in the image of God; B’tzelem Elohim Bara Oto. As Jews, we must act in a way that affirms the fundamental sacredness and dignity of every human being. Respect and care for each human being is the foundation of Jewish ethics. • Community; Kehillah. We build relationships in which people help each other because individuals have a profound responsibility for the wellbeing of the whole. We seek to build relationships within the Kehillah, between the Kehillah and other institutions, and between Kehillah members and those in need that will help repair both our immediate community and the world (tikkun olam).

Sincerely,

Rabbi Jen Feldman

Warren Silbovitz, President

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RESOLUTION SUPPORTING IFC’s COMMUNITY HOUSE

United Church of Chapel Hill, a community of 850 members with 300 children and youth, an active church school, multiple youth programs and a weekday preschool, welcomes IFC’s Community House as a neighbor because:

(1) Community House is in alignment with our faith that welcomes the stranger and sojourner, that seeks to increase the love of neighbor and love of God. Or as book of Proverbs instructs, Remember what your mother taught you: “speak out for those who cannot speak, for the rights of the destitute. Speak out, judge righteously, defend the rights of the poor and needy.”

(2) United Church of Chapel Hill is in covenant with 50 some other congregations seeking the community’s good through the Inter-Faith Council and its programs.

(3) The 24 year history of Community House is time-tested and is positive.

(4) When United Church was located on Cameron Ave, the Inter-Faith Council operated out of a house on Wilson Street which backed up to the playground of our church school and that of the Chapel Hill Daycare Center. Community House had its origin on the floor of the congregation’s Fellowship Hall prior to Community House’s move into the Old Municipal Building. We lived together with people and families seeking assistance at our Wilson Street house over 25 years without incident in a downtown historic district neighborhood.

Church Council, May 4, 2010

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In Support of the New Proposed Men’s Transitional Housing Facility in Chapel Hill OCDP, Convention Resolutions April 10, 2010 http://orangedems.us/resolutions-2010

Whereas over the past 20 years the Inter-Faith Council has been operating in the Town of Chapel Hill’s old municipal building by providing “warehouse” style emergency housing services to men suffering from homelessness; and

Whereas over the past 11 years the Inter-Faith Council has been actively searching for land to develop a new men’s transitional housing facility; and

Whereas the Inter-Faith Council provides critical social services to residents of Orange County who are socio-economically disadvantaged and voiceless; and

Whereas the Inter-Faith Council, in partnership with the Town of Chapel Hill, has been offered a tract of land to develop a men’s transitional housing facility by the University of North Carolina at Chapel Hill; and

Whereas the proposed transitional housing facility, the Community House, will provide long-term residential programs and a continuum of services for Orange County residents which will include: Safe, stable living accommodations Services, new skills and personal guides for independent living Substance abuse education and counseling On-Site medical, dental and mental health treatment 20 start-up beds (two 10-bed dormitories) 32 transitional housing beds Food services/dining for residents at the facility Job coaches, counselors, agency partners Referrals to community agencies

Whereas the proximity of this site has many advantages including close proximity to the Orange County Southern Human Services Center, accessibility to public transit, and the support and partnership of the United Church of Christ; and

Whereas this is a defining moment to stand up and provide for the most vulnerable members in our community; and

Whereas there are additional needs, particularly for emergency shelter, the proposed facility will not provide;

Be it therefore resolved that Orange County Democrats call on members of the Chapel Hill Town Council to support the Inter-Faith Council’s proposed transitional men’s homeless facility and to continue to work to support additional facilities beyond this proposed shelter.

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Meeting with Chapel Hill Police Department

Project Team members (Josh Gurlitz, Stephen Ballentine, John Dorward, Chris Moran and downtown business person, Jim Kitchen) met with Assistant Police Chiefs Chris Blue and Bob Overton on August 24, 2010 at the Chapel Hill Police Department. IFC Team members wanted to clarify the Chapel Hill Police Department’s partnership and interests regarding the InterFaith Council and the proposed Community House project at 1315 Martin Luther King Jr. Blvd. Assistant Chief Blue emphasized that over the years, the Chapel Hill Police Department had always had a positive relationship and partnership with IFC staff and volunteers. Architect Josh Gurlitz showed Community House design plans and asked if the department had any suggestions. Assistant Chief Blue provided some comments about security issues, but said the department could not offer any other comments on the merits of our special use permit application. Everyone understood that our purpose did not include an endorsement of the project because the town and the IFC were currently involved in the public planning process. Assistant Chief Blue offered the following observations and comments based on team member questions.

1. Security preparations appeared sound, but the police would like to have a little more visibility through the trees off of MLK Blvd. 2. Additional police patrols will be provided by the department in MLK and Homestead areas once the Community House facility is built and operational. 3. The Chapel Hill Police Department regularly patrols public properties, parks and town owned buildings. 4. Chapel Hill has an ordinance that prohibits visitors in town owned parks between sundown and sunup unless there are scheduled events. Officers have full authority to apprehend trespass violators. 5. Homeless persons do not regularly sleep or loiter on town owned properties or in parks. 6. Street persons do not typically sleep in neighborhoods but in wooded areas or behind abandoned buildings, churches and businesses at night.

Assistant Chiefs Blue and Overton thanked IFC representatives and offered to provide any future consultation about our project.

Public Art

The IFC proposes that the public mosaic pieces in the Community House dining room will be moved to the 1315 MLK Blvd location. Photographs are attached to our response.

Elected Leaders Tour of Community House

The IFC publically invited everyone during the three Community Discussions last spring to contact the IFC about touring IFC facilities. Most of the town’s elected officials have visited Community House in past years. However, since the IFC has now submitted a formal SUP application, and we are now involved in a quasi judicial process with the Town of Chapel Hill, tours cannot be arranged for town leaders until after the special use permit process has ended.

Site Selection

The proposed location at 1315 Martin Luther King Jr. Blvd. for Community House was chosen after an extensive search for many years by the IFC, the Town of Chapel Hill and a series of assemblies and

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discussions with local businesses and congregations. Community House will be a transitional housing facility helping 52 residents at any given time to recover from homelessness. Emergency shelter will only be provided at the new Community House location when either medical conditions or severe weather conditions prevail (heat waves, storms and temperatures below 40 degrees). IFC representatives and partners felt a permanent site for Community House had to be accessible to public transportation, social services, classroom training and jobs. Proper zoning, site suitability, capacity and qualifications, and the availability of public utilities were other criteria used by the IFC and agency partners. Both the Town of Chapel hill and the UNC Board of Trustless will need to approve either a special use application or site designs and renderings in coordination with the United Church of Chapel Hill.

Community House Mission

The mission of the new Community House is to promote independence and selfreliance through a transitional housing model that informs, connects and empowers residents in their efforts to renew their lives, develop new skills, receive community resources and obtain employment and permanent housing. Strongly shaped by IFC’s successful HomeStart program and facility for women and children, Community House will be a stepup program that will help move homeless men toward independence. Community House will provide a longterm residential program and a continuum of services for residents, which will include a minimum stay of six months. The program will provide: safe, stable living accommodations; services, new skills and personal guides for independent living; substance abuse education and counseling; onsite medical, dental and mental health treatment; 20 startup beds (two 10bed dormitories) and 32 transitional housing beds (5 quads and 6 doubles); food services/dining for 28 residents at a time; job coaches, counselors, agency partners; referrals to community agencies.

Differences between Transitional Housing and Emergency Shelter

Seventeen cots will be available for emergency shelter on severe weather nights since no other emergency shelter facility exists in Carrboro or Chapel Hill. Community House cots will be set up on the first floor separate from the 52 residents on the second floor. The IFC is currently in discussions with local congregations and the Orange County Emergency Management Team about the possibility of creating additional emergency shelter options in churches and synagogues on a rotating basis. Emergency shelter needs include a wide range of circumstances such as severe weather, lost housing, agency referrals (police, congregations, hospital, mental health etc.), street outreach and police social work requests, domestic violence and other safety considerations.

Emergency Shelter and Transitional Housing are two very different concepts but equally important. The below bullets summarize some major program variations.

Emergency Shelter Characteristics

. Brings street persons inside . Provides safe shelter and support for homeless persons . Offers a place to sleep, clothing and provisions on bad weather nights . Provides showers, food, conversation and support . Receives referrals from hospitals, police and congregations . Offers information about community services

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Transitional Housing Characteristics

. Incentive program designed to end homelessness . Candidates sign up for longterm benefits . Program restores lives and independence . Resident/staff agreements, goals and objectives . Residents stay free from alcohol and other drugs . Greater range of services and programs . Strong conduit to classroom training, jobs and community . Promotes social networking and peer support . Focuses on physical fitness, health, nutrition and community service

Community Discussions, Security and Good Neighbor Plans

The IFC sponsored three community discussions in the spring of 2010 with surrounding neighborhoods and interested citizens and made a number of substantive program changes as a result of these discussions and other citizen recommendations. Some of the changes include:

1. Community House residents using transitional housing beds must be clean and sober during their length of stay; 2. All residents will be screened and determined eligible for transitional housing beds; and IFC representatives will not permit drop in visitations or activity by nonresidents needing shelter cots at any time; 3. Parties requesting emergency shelter cots will be screened at IFC’s FoodFirst facility or a designated downtown location; and approved emergency shelter guests will be transported to and from Community House daily; 4. IFC will spearhead efforts to establish new emergency shelter options for other homeless individuals at another location.

Security cameras will be located inside and outside of Community House including the driveway approaching the campus. IFC and Chapel Hill Police representatives have had meetings and discussions about the proposed site that would safeguard the community’s interests in providing continued communications and security at Community House on an ongoing basis.

The IFC is committed to building stronger homeless resident/neighborhood relations and plans to draft a Good Neighbor Plan. This written security plan will expressly prohibit loitering, public drunkenness, drug trafficking and criminal activity on the premises. IFC will shape its plans with input from its three community discussions with neighbors, the Chapel Hill Police Department, the University, the United Church and all interested parties. Homeless residents will be invited to participate in active roles with neighborhood associations, boards, town committees and other groups that have interest. Staff and resident supervisors will oversee resident activities and monitor the new facility and its grounds 24 hours a day. The IFC wants to sign agreements with relevant parks and recreation agencies and the Chapel Hill Police Department that define appropriate recreation functions and the responsibilities of all parties. It has been the IFC’s practice to make facility repairs promptly and the same best practices for protecting property investments and values will be exercised at the new Community House site. Open houses and meetings with neighborhood and community representatives will always be encouraged.

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Directory to IFC Community House Websites:

InterFaith Council Website: www.ifcweb.org

New Community House Website: http://1315MLK.com

NOTE: To be activated on or before January 3, 2011

IFC March on Poverty Website: http://marchonpoverty.blogspot.com/

The March on Poverty website includes links

 A primer on the Community House Relocation  A record of the three community discussions held in March and April 2010  Links to detailed information about homelessness and poverty  Pamphlets, documents and reports about Community House and related IFC service programs

NOTE: In January 2011 much of the IFC March on Poverty website material will migrate to the New Community House Website, http://1315MLK.com

Facebook: http://www.facebook.com/isupportcommunityhouse

IFC Volunteers: http://ifcvolunteers.blogspot.com/

Twitter: http://twitter.com/IFC_Carrboro

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Provided by Mark Peters March 10, 2011 Regarding the Inter Faith Council Community House Men’s Shelter Special Use Permit

Proposed SUP Conditions by Find a Better Site

1. The facility must provide only transitional services with a maximum of 52 residents. 2. Client Intake Requirements a. Due to proximity to preschools and given current sex offender laws, positive identification is required for all clients and background checks are required prior to intake. b. No one under the influence of drugs or alcohol should be allowed. c. Anyone admitted must agree to stay and must be kept until 7am the next morning. 3. IFC will not evict any residents after nightfall except to the custody of law enforcement officers or medical care providers. 4. Health services and mail services may only be provided on premises for persons who are either residing as a transitional resident on premises or residing as a transitional resident at Homestart for Women on Homestead Road. 5. Due to proximity to preschool and park and neighborhoods, Community House should allow no white flag nights. 6. No entity other than IFC may operate a homeless shelter on the site. 7. No other portion of the site may be used as a homeless shelter, drug detox, drug halfway house, soup kitchen, detention facility, jail, or similar social service facility. 8. IFC must report to the Town and publish on its website on or before the 15th of each month the following data for the preceding month and year to date: a. The number of instances when a client has left the premises between nightfall and 7:00 a.m. the following morning. b. The number of occasions when law enforcement, fire protection and other emergency personnel have been called to the premises. c. The number of occasions when a resident was charged with a crime that occurred on or off premises d. An anonymized accounting of residents who are on parole and for what crimes e. Confirmation that all clients provided positive identification f. Confirmation that background checks were run on all clients

If the town decides to permit IFC to run an Emergency Shelter in addition to its Transitional Shelter program the following additional conditions should apply:

1. The provisions permitting the 17 emergency shelter beds in the SUP will expire on December 31st, 2013 at which time the facility will be limited to operate with a maximum of 52 clients, all of whom must be under contract in the transitional program. 2. Intake and discharge to and from the Emergency Shelter must take place at the soup kitchen. 3. Due to proximity to the schools, park, and neighborhoods, no one under the influence of drugs or alcohol will be allowed. 121

4. The criteria for a white flag night should be stipulated in the SUP and the lease. IFC’s current criteria resulted in 224 eligible nights for white flag night in 2010 and 206 in 2009. 5. IFC will not evict any residents after nightfall except to the custody of law enforcement officers or medical care providers. 6. The emergency services portion of this facility will not operate on nights when emergency shelter is being provided by the county. 7. The maximum number of emergency shelter clients must be explicitly limited to 17 maximum clients. 122

COMPILATION OF CORRESPONDENCE RELATED TO SHELTERS Concept Plan, IFC Shelter SUP Application, LUMO Text Amendments and Shelter Guidelines Dated August 14, 2009 to 2011 http://www.townofchapelhill.org/Modules/ShowDocument.aspx?documentid=8964

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Resident Petition Opposed to Inter Faith Council Men’s Shelter October 9, 2010 http://www.townofchapelhill.org/Modules/ShowDocument.aspx?documentid=8315

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AREAAREA SPECIFICSPECIFIC DEVELODEVELOPMENTPMENT CONCEPTSCONCEPTS

FOCUS AREA 4 (HOMESTEAD RD) ASSETS AND CONSTRAINTS:

Gross Area: 98 Acres Developable Area: 40 Acres: discounts natural constraints only, other constraints will apply Land Use Plan Designation:Mixed Use/ Office Emphasis Current Zoning: R-1 (Along Homestead), R-2 (Eastern side of Martin Luther King Jr. Blvd), OI-2 (Corner Parcel)

Description: Focus area 4 primarily runs parallel to Homestead Rd. Development in the area is heavily constrained by the resource conservation district. Most of the land in the area is developed as low density residential single family houses. Duke power has a substation property and a lot for sale on the corner of Martin Luther King Jr. Blvd. and Homestead Rd. The senior center and Home- stead Park are in close proximity to the study area. Transit wise, the area could be potentially served by three transit corridors: Mar- tin Luther King Jr. Blvd., Homestead Rd, and the Railroad. Focus Area 4 is heavily contained by the RCD (Resource Conservation District). Most the land along the eastern side of Martin Luther King Jr. Blvd. has very limited development potential.

RECOMMENDATIONS:

Proposed Development Concept: Transit oriented development with a residential focus 15+ DU per an acre minimum gross density (residentially developed portions of the site) and supportive neighborhood retail • Served by transit stops on Homestead Rd • The intersection of Martin Luther King Jr. Blvd. and Homestead Rd. should be identified as a hub and include a focal community space with supporting neighborhood retail • Improved pedestrian corridor along Homestead Rd, from Town limits through Martin Luther King Jr. Blvd. with uniformity in land- scaping and a pedestrian/bicycle path separate from the roadway. • Seek a pocket park east of Martin Luther King Jr. Blvd. on Resource Conservation District constrained property • TOD concept should be expanded to the Town’s property adjacent to Vineyard Square and the railroad tracks on the north side of Homestead Rd. • Identify the farmhouse across from the senior center for potential adaptive reuse, for example, a small office

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IMPLEMENTATIONIMPLEMENTATION

The overall and area-specific design concepts, together with the plan goals and objectives, have been offered as guidance for development in the Northern Area. Realizing these concepts and addressing these goals and objectives will require a cooperative effort between the Town, property owners, developers, and citizens.

The task force recommends the following implementation strategies: • Development protocol that is coordinated and integrates infrastructure, physical improvements and Town services, including schools, with development • Prepare and periodically update a coordinated transportation improvement plan to guide future development with specified timelines de- signed to address the transportation impacts of growth, • Ensure that community infrastructure, including physical improvements and expanded Town services, will be in place at the same time as anticipated development • Balance residential and commercial development from a fiscal point of view, • Encourage revenue-neutral or revenue-positive development by balancing residential and commercial development, • Continue to involve citizens in the process, • Provide notifications to residents which includes detailed project and contact information, • Confirm that Comprehensive Plan principles are upheld

Plan implementation will involve the following processes:

Comprehensive Plan

• We recommend the Council adopt these Northern Area Task Force recommendations as a component of the Town of Chapel Hill’s Compre- hensive Plan. This would provide more detailed guidance for this small area and can serve as a template for application to other areas of the Town.

Rezoning

• The Town has established a moratorium on certain types of development for the duration of the process to establish a vision and recommen- dation for how to shape the future development oft Northern Area. This plan is the basis for the parallel preparation of standards and regula- tions to implement the plan vision. New regulations will likely provide incentives for a comprehensive approach to implementing the concepts of this plan. The Town Council will consider adopting new or amended zoning and regulations before the Moratorium ceases January 31, 2008

Development Requests

• Once adopted as a component of the Comprehensive Plan, the moratorium ceases and zoning regulations are in place, the guidelines and recommendations included in this plan should become the basis and justification for development requests for properties in the Northern Area. Development would be encouraged to be designed in a manner consistent with these guidelines. 24 127

Follow-up Actions:

In support of the formal processes outlined above, the task force identified the following matters as potential follow-up actions for the Town: • Develop a transportation model for the Northern Area to analyze the cumulative impacts of development proposals on the transportation in- frastructure • Consider ways to pay for infrastructure, such as development impact fees • Conduct a census of the mobile home parks in order to provide for increased affordable opportunities if those sites are redeveloped. • Revise the Town’s Traffic Impact Assessment to incorporate assessment of transit, bicycle, and pedestrian trips • Apply for funding from Clean Water Management Trust Fund • Apply for State Affordable Housing Bond Money for replacement of mobile home parks • Work with Chapel Hill Preservation Society • Explore need for school sites in accordance with Schools Adequate Public Facilities Ordinance (SAPFO)

Acknowledgement

The Northern Area Task Force thanks the Town Council of the Town of Chapel Hill for the opportunity to prepare this plan and acknowledges the assistance of Town staff and Crosby Schlessinger and Smallridge.

Chapel Hill Town Council Kevin C. Foy, Mayor Bill Strom, Mayor Pro Tem Laurin Easthom Sally Greene Ed Harrison Cam Hill Mark Kleinschmidt Bill Thorpe Jim Ward

Chapel Hill Planning Department JB Culpepper. Planning Director David Bonk, Long Range and Transportation Coordinator Gordon Sutherland, Principal Planner Leigh Ann Cienek , Planner Scott Simmons, Graphics Specialist Liz Brisson, Transportation Planning Intern

Crosby Schlessinger and Smallridge (CSS) 25 Carole Schlessinger, Skip Smallridge & Chris Raile 128

ADDENDUM A: ILLUSTRATIVE CONCEPTUAL LAND USE PLANS

This section of the report contains the concept plans created by the consultants. The Task Force does not endorse these plans, but have included them for illustrative purposes only. The overall plan for the area is presented here, and the individual Focus Area plans on the following pages.

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FOCUSFOCUS AREAAREA 44

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