MINUTES OF A REGULAR MEETING OF THE MAYOR AND
COUNCIL OF THE TOWN
OF CHAPEL HILL, NORTH CAROLINA, WEDNESDAY,
JULY 5, 1995
Mayor Broun called the meeting to order. Council Members in attendance were Joyce
Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim
Protzman and Rosemary Waldorf. Also in
attendance were Town Manager Cal Horton, Assistant Town Manager Florentine
Miller and Town Attorney Ralph Karpinos.
There were no ceremonies or hearings.
Item 3 Petitions
Mike Waldroup said he hoped the Council would
find some productive suggestions in his petition concerning the use of
rubber-tired vehicles or light rail for future mass transit options in the
Triangle.
Council Member Capowski said he thought Mr.
Waldroup's ideas were worthy of additional study in terms of potential savings.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY
COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER MR. WALDROUP'S PETITION TO THE
TRANSPORTATION BOARD AND STAFF FOR COMMENT.
Stating that the follow-up by staff might
involve a considerable amount of research and follow-up time, Mayor Broun
suggested the possibility of Triangle Transit Authority, rather than Town,
staff follow-up on the matter. He
inquired about the possibility of a preliminary report by Town staff. Mr. Horton said staff could perform a
cursory analysis and check logic without examining the matter in great
detail. Mayor Broun asked whether this
was acceptable to the motioner and seconder.
Council Member Capowski concurred.
Council Member Pavão said his principal concern was whether the
potential savings were realistic. He
inquired whether a cursory study could evaluate this aspect of the
petition. Council Member Brown inquired
about the possibility of an entity other than Town or TTA staff conducting the
analysis. Mayor Broun said the
suggested staff report would focus more on process than procedure. Mr. Horton said staff could perform a logic
check and then evaluate some procedural items.
Council Member Waldorf said Mr. Waldroup's
petition should be evaluated as completely and carefully as possible.
THE MOTION TO REFER TO THE TOWN STAFF AND
TRANSPORTATION BOARD WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER WALDORF MOVED, SECONDED BY
COUNCIL MEMBER PROTZMAN, TO RECEIVE AND REFER A PETITION FROM KENSINGTON AND
SOUTH LAKESHORE DRIVE RESIDENTS CONCERNING TRAFFIC SAFETY IN THEIR
NEIGHBORHOOD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Charles Harris, President of the Psi Delta
Chapter of the Omega Psi Phi Fraternity, said his organization was seeking the
Council's approval to hold a community festival in the Franklin and Henderson
Street area on Saturday, September 2nd.
Mayor Broun noted that the Council would not
hold its next regular meeting until August 26th. He called upon staff for comments on the request. Mr. Horton said it was not clear who would
pay some of the costs involved with the proposed festival. He stated that one way to reduce costs would
be to use the Rosemary Street Parking Plaza as the festival's venue. Mr. Horton said staff welcomed the Council's
advice on how to proceed.
Mayor Broun suggested that the Council give
the Manager the discretion to proceed with the festival's logistics in
consultation with the sponsor.
COUNCIL MEMBER CHILTON MOVED, SECONDED BY
COUNCIL MEMBER EVANS, TO AUTHORIZE THE STAFF TO NEGOTIATE SPECIFIC FESTIVAL
TERMS AND LOGISTICS WITH THE SPONSOR.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Josh Gurlitz, representing the Downtown Plan
Committee, requested that the Council authorize the preparation of small area
plans by Town staff for Town Center zones 1 and 2. He stated that such a document could serve as a planning
blueprint for many different interests.
Council Member Brown inquired about the
possibility of having opportunities for public participation as early as
possible in the process. Noting the
staff's current heavy work load, Mr. Horton said he was concerned about the
staff's capacity to handle the Downtown Plan Committee's petition. Council Member Brown said it would be
desirable to have a process which included all parties in the downtown
area. Council Member Waldorf inquired
whether this would mean polling all parties about whether they wanted to have
small area plans. Council Member Brown
suggested holding a public hearing on the matter. Council Member Evans suggested the possibility of a masters or
doctoral student at the University or interested citizens assisting with this
proposal.
COUNCIL MEMBER BROWN MOVED, SECONDED BY
COUNCIL MEMBER POWELL, TO RECEIVE AND REFER MR. GURLITZ'S PETITION TO
STAFF. THE MOTION WAS ADOPTED
UNANIMOUSLY (9-0).
Council Member Brown requested that Council
Members with suggestions or concerns about the September 9th work session on
the Mason Farm or Horace Williams tracts relate this information to the Manager
as soon as possible.
Council Member Capowski distributed copies of
Orange County's visitor page on the Internet, including information from the
Visitors Bureau. Council Member Capowski said the Internet was a good tool for
disseminating information about a variety of Town services and events.
Item 4.1 Consent Agenda
Council Member Brown requested removal of
item f from the consent agenda.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY
COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1, EXCEPTING ITEM F. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS
(95-7-5/R-1)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council hereby adopts the following resolutions and
ordinances as submitted by the Town Manager in regard to the following:
a. Correction to minutes of
April 24, 1995.
b. Annual certification of fire personnel roster (R-2).
c. Ordinance regarding holiday
pay for police and fire personnel working rotating shifts.
d. Performance agreement with
Downtown Commission.
e. Zoning of three lots on Clark
Lake Road (1995 annexation area 2) (O-2).
f. Development Ordinance Text
Amendment regarding flag-shaped lots (O-3).
g. Deleted.
h. Resolution regarding grant
application for traffic enforcement program (R-5).
i. Amendment to 1994-95
Community Development program (R-6).
j. Authorizing Assistant Town
Managers to sign documents on behalf of the Town Manager (R-7).
k. Construction contract change
order for U.S. 15-501 South park and ride lot.
l. Proposals for a telephone
system for Public Works and Solid Waste Management (R-9).
This the 5th day of July, 1995.
A RESOLUTION AUTHORIZING CERTIFICATION OF
FIREFIGHTERS (95-7-5/R-2)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Mayor is hereby authorized to certify to the North
Carolina Firefighters' Pension Fund the attached roster of Firefighters
employed by the Town of Chapel Hill on June 30, 1995.
This the 5th day of July, 1995.
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE
OF ORDINANCES (95-7-5/O-1)
BE IT ORDAINED by the Council of the Town of
Chapel Hill as follows:
Sec. 14-70 (Holidays - Compensation) of the
Town Code is hereby amended:
Employees of the Town called in or required
to work on any designated Town holiday (not including Police and Fire
Department employees working regular rotating shift schedules) shall
receive either hours off equal to one and a half times hours worked or,
for non-exempt employees only, pay for the hours worked at one and a half times
their normal rate of pay. They will
also receive pay for the holiday itself at straight time rates. Paid leave and hours worked within the pay
period have no effect on employee eligibility for this holiday premium for
hours worked on the holiday. (Holiday
compensation for employees working regular rotating shift schedules shall be at
straight time rates.) Provided,
however, that the Manger may develop specific policies on holiday compensation
for employees working 24 hour rotating shifts.
An employee working a holiday may elect to
have holiday compensation transferred to his or her sick leave balances, in
lieu of time-and-a-half pay or time off; where the holiday is not worked and
falls on a normal day off, the employee may elect to take the holiday on a
later date, or to transfer that holiday to their sick leave balance.
This the 5th day of July, 1995.
A RESOLUTION REGARDING A PERFORMANCE
AGREEMENT WITH THE DOWNTOWN COMMISSION FOR SERVICES IN 1995-96 (95-7-5/R-3)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council authorizes the Manager to execute an agreement
with the Downtown Commission Inc., for services in 1995-96 substantially as
described in the Commission's program of work as submitted to the Council on
July 5, 1995 with the Manager's report on this matter.
This the 5th day of July, 1995.
AN ORDINANCE TO ZONE NEWLY ANNEXED LAND -
THREE LOTS ON CLARK LAKE ROAD IN DURHAM COUNTY (95-7-5/O-2)
WHEREAS, the Council of the Town of Chapel
Hill has annexed an area consisting of three lots on Clark Lake Road in Durham
County that is identified as Annexation Area 2 on the attached map; and
WHEREAS, the Council has considered
appropriate zoning designations for this property in the context of the size of
existing lots, compatibility with zoning in the surrounding areas, and Chapel
Hill's 1986 Land Use Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council
of the Town of Chapel Hill that Residential-2 (R-2) zoning be assigned to the
above-mentioned property as designated on the attached map.
This the 5th day of July, 1995.
A RESOLUTION APPROVING AN AMENDMENT TO THE
1994-95 COMMUNITY DEVELOPMENT PROGRAM (95-7-5/R-6)
WHEREAS, the Town has an ongoing interest in
the provision of public services to low-income households in Chapel Hill; and
WHEREAS, the Chapel Hill Police Department
has proposed a summer work program for youths living in public housing;
NOW, THEREFORE, BE IT RESOLVED, that the
Council of the Town of Chapel Hill approves an amendment to the 1994-95
Community Development Program to expand the location of Neighborhood
Revitalization activities to include public housing neighborhoods, approves the
use of $8,000 in Neighborhood Revitalization funds for a youth summer work
program, and authorizes the Manager to submit an amended Final Statement to the
U.S. Department of Housing and Urban Development.
This the 5th day of July, 1995.
A RESOLUTION REGARDING DELEGATION OF
ADMINISTRATIVE RESPONSIBILITIES FOR SIGNING VARIOUS DOCUMENTS (95-7-5/R-7)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council authorizes the Manager to delegate to Assistant
Town Managers Sonna M. Loewenthal and Florentine A. Miller authority to sign
various contracts and other documents which the Manager has authority to
execute on behalf of the Town.
This the 5th day of July, 1995.
A RESOLUTION AUTHORIZING THE MANAGER TO
EXECUTE A $8,151.08 CHANGE ORDER TO THE TEER COMPANY FOR THE NEW 15‑501
SOUTH PARK/RIDE LOT CONSTRUCTION PROJECT (95‑7‑5/R-8)
WHEREAS, the Council in June, 1994,
authorized the execution of a $591,033 contract with The Teer Company for
construction of the 15‑501 South Park/Ride Lot; and
WHEREAS, a resolution adopted in November,
1992, authorizes the Manager to execute changes orders "which do not
cumulatively exceed the bid originally approved by Council by more than 10% of
the original contract amount or $50,000, whichever is less, provided that there
is an appropriation sufficient for the contract amendment."; and
WHEREAS, changes in project construction
totalling $62,656.30 exceeded this limit and were approved by the Council on
January 23, 1995; and
WHEREAS, there is justification for
additional changes to the project including the undercut excavation, french drain,
striping and signage for the park/ride facility; and
WHEREAS, these additional changes total
$8,151.08 and, cumulatively all three change orders exceed 10% of the original
contract price, making further Council approval necessary;
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that the Council authorizes the Manager to execute
an additional change order to The Teer Company in the amount of $8,151.08 for
the above items at the 15‑501 South Park/Ride Lot.
This the 5th day of July, 1995.
A RESOLUTION ACCEPTING THE PROPOSAL FOR A
TELEPHONE SYSTEM FOR THE PUBLIC WORKS DEPARTMENT AND THE SOLID WASTE MANAGEMENT
DEPARTMENT (95-7-5/R-9)
WHEREAS, the Town of Chapel Hill has
solicited proposals by legal notice in The Chapel Hill News on June 7,
1995, in accordance with G.S. 143-129 for the purchase of a telephone system
for the Public Works Department and the Solid Waste Management Department; and
WHEREAS, the following proposals have been
received and opened on June 20, 1995:
System 10-Year
System Purchase Lifecycle
Vendor Type Cost Cost
TSM #2 16-trunk $19,814.00 $88,814.00
Atcom Inc. 16-trunk $22,240.00 $93,780.00
GTE South #2 16-trunk $23,406.25 $89,186.25
Long Comm Grp #1 16-trunk $24,976.00 $84,836.00
T&R Telephone #1 48-trunk $18,442.60 $185,442.60
TSM #1 48-trunk $23,283.00 $190,203.00
S.E. Telecom 48-trunk $25,870.00 $183,650.00
GTE South #1 48-trunk $27,888.27 $193,968.27
Long Comm Grp #1 48-trunk $28,060.44 $191,760.44
Metro Telecom Inc. 48-trunk $40,471.00 $220,181.00
T&R Telephone #2 ESSX $16,608.80 $228,408.80
Southern Bell ESSX $23,237.00 $237,957.00
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that the Town accepts the proposal of
Telecommunications Systems Management for a telephone system to be installed at
1099 Airport Road to support the Public Works Department and the Solid Waste
Management Department at a cost of $19,814.00.
This the 5th day of July, 1995.
Item 4.2 Information Reports
Commenting on item 4.2b, Council Member Brown
said she was surprised and disappointed at the small number of drug abuse
treatment programs in Orange County.
She requested that staff explore whether or not there were any additional
local drug abuse treatment programs.
Mayor Broun stated that a number of programs identified by the Violent
Crime and Drug Abuse program were not traditionally Town-funded programs. Noting that the number of treatment programs
and options were limited in Orange County, Council Member Waldorf suggested
that the Council be as active and assertive as possible in securing funds for
additional local treatment programs.
Mr. Horton noted that the near-term prospects for increased State
funding for such programs was not very good.
Council Member Powell suggested that Town
staff check with the State Department of Human Resources for possible treatment
programs. Council Member Brown
expressed her concurrence with this suggestion.
Council Member Waldorf inquired about Orange
County's prospects for receiving Structured Sentencing Act funding. Police Chief Pendergraph stated that this
type of funding was not for first-time, non-violent offender programs such as
Project Turnaround. Council Member
Waldorf suggested the possibility that some other State funding sources might
offer flexibility for different program types.
Council Member Capowski inquired where crimes
were occurring in Orange County. Chief
Pendergraph said at least 60% of crime in Orange County took place within the
Town's limits.
Based on Council comments, Mayor Broun
suggested that staff do some research concerning funding for alternative drug
treatment programs available to Orange County residents. Council Member Evans suggested that Council
Members could talk to County Commissioners on an individual basis about
concerns relative to drug treatment programs.
Noting that non-profit private concerns ran drug abuse treatment programs
in other communities, Council Member Powell suggested that staff explore this
option. Mayor Broun suggested that
staff examine this option in its follow-up report to the Council. He noted that no motion was needed for this
item.
Item 6
Cobble Ridge III & IV Subdivision Preliminary Plat
Planning Director Roger Waldon presented an
overview of the applicant's proposal and reviewed Council options concerning
possible roadway connections between the proposed subdivision and the Southern
Village development. He stated that
staff continued to recommend adoption of Resolution A.
Phil Post, the applicant's representative,
said his client strongly supported Resolution C as an alternative to Resolution
A. Mayor Broun inquired whether the
applicant was opposed to Resolution D.
Mr. Post said this was correct.
Steve Friedman, a resident of the existing
Cobble Ridge subdivision, said he supported Council adoption of Resolution C or
D. He also stated that Resolution C
would provide full access to Southern Village for emergency vehicles.
Kevin Eller said he and his family were
especially concerned about the health and welfare of neighborhood
children. Mr. Eller stated that he was
adamantly opposed to a street cut-through to Southern Village. Mr. Eller also said he favored Council
adoption of Resolution C or D.
Donald Warren, 106 Cobble Ridge Drive, said
he was especially concerned about limited sight distances on Cobble Ridge
Drive. He requested that the Council
consider adopting an ordinance which would notify homebuyers of future roadway
connection plans in their subdivisions.
Mr. Warren said he supported Council adoption of Resolution C or D.
Council Member Evans inquired whether it was
correct that single family homes would be adjacent to this area. Mr. Waldon said this was correct, adding
that townhouses and other multi-family housing units would be located close to
U.S. 15-501. As a compromise proposal,
she suggested moving the proposed roadway connection to the Southern Village
two lots over toward Culbreth School.
Mayor Broun inquired whether staff felt that this was a feasible
suggestion. Noting that development of
the Southern Village was in progress, Mr. Horton said it was possible to change
the roadway alignment if the Council wished to do so. Mr. Post said moving the street alignment a few lots would be
agreeable to the applicant. Council
Member Brown inquired about the possibility of moving the roadway four lots
down to near the cul-de-sac. Mr. Post
said this option could be explored.
Mayor Broun inquired how not connecting
Cobble Ridge Phases 1 and 2 would impact other areas. Mr. Waldon stated that this was a pattern which staff had been
attempting to avoid over the last few years.
Council Member Brown inquired whether the
applicant's strongest preference was for the adoption of Resolution C. Mr. Post said this was correct. Council Member Brown inquired whether the
applicant was endorsing access only by emergency vehicles. Mr. Post said this type of access was the
strongest need for Southern Village. He
reiterated his support for adoption of Resolution C.
Council Member Brown inquired about proposed
arrangements for recreation facilities.
Mr. Horton stated that the Parks and Recreation Commission recommended
that the applicant make payments in lieu for future recreation facilities.
Council Member Chilton asked whether it was
feasible to install stop signs at Ivy Brook Lane and Cobble Ridge Drive. Mr. Horton said he did not know whether
warrants could be met for stop signs at this intersection. He added that staff generally recommended
that stop signs not be installed were warrants could not be met.
Council Member Chilton inquired about the
possibility of a connector road to Southern Village from the western side of
Cobble Ridge to Culbreth Road. Mr. Post
said he did not think this was possible due to the severe limitations of area
topography. Council Member Chilton
inquired about other options. Mr.
Waldon said staff believed that the proposed alignment was the most logical
given the site's topographical constraints.
Mr. Horton noted that staff was attempting to preserve as much natural
landscaping as possible in the area.
Council Member Chilton said he wondered whether practical realities
overrode concerns about grading of roadways.
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER CAPOWSKI, TO CLOSE THE HEARING.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Noting that he had recently driven through
the area, Council Member Capowski said he believed that Resolution D would not
isolate Cobble Ridge Sections 1 and 2 from Sections 3 and 4. He also stated that Resolution D would
eliminate the need for traffic from Southern Village to cut through Cobble
Ridge Sections 1 and 2.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY
COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 10D.
Council Member Chilton said he supported
referring the matter back to staff for the development of additional roadway
alternatives.
Council Member Evans said her principal
objective was to design roadways which would provide good service delivery
connections at reasonable costs. She
also stated that well-planned neighborhood streets could enhance the safety of
area children travelling to and from the planned elementary school site in
Southern Village.
Council Member Brown expressed disappointment
that the staff's follow-up report did not contain more information about
options for street grid patterns.
Council Member Brown said she concurred with Council Member Chilton's
proposal to refer the matter back to staff.
Council Member Chilton said a second to his motion was out of order
since the primary motion was on the floor.
Mayor Broun said he did not think that Cobble Ridge was a sufficiently
large subdivision for street grid patterns to be a major concern. Council Member Protzman said steep hills on
the site made a grid pattern impractical.
Mayor Broun said the question before the
Council was whether or not a roadway cut-through to Southern Village was
desirable.
Council Member Capowski said it would be a
good idea to notify purchasers of homes in Sections 3 and 4 of Cobble Ridge of
possible future roadway connections.
Mr. Horton said language to this effect was included on applicable
plats. He added that signs could also
be posted at applicable street stubouts.
Council Member Evans said she would vote against the proposed resolution
since she had safety concerns about only having one main entrance to Cobble
Ridge subdivision.
Council Member Capowski inquired about the
possibility of the applicant providing a bus shelter. Mr. Post stated that since the applicant was constructing
sidewalks on both sides of the street and providing other amenities, they would
object to providing a bus shelter.
Council Member Chilton inquired about the cost of a bus shelter. Mr. Horton said the estimated cost would be
between $3,000 and $4,000. Council
Member Protzman said he did not accept the proposed friendly amendment
concerning provision of a bus shelter.
RESOLUTION 10D WAS ADOPTED BY A VOTE OF 8-1,
WITH COUNCIL MEMBER EVANS VOTING NO.
A RESOLUTION APPROVING A PRELIMINARY PLAT
APPLICATION FOR COBBLE RIDGE SUBDIVISION, Phase III (95-7-5/R-10d)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that it finds that the Preliminary Plat application, proposed by
WDBR, Inc, on property identified as Chapel Hill Township Tax Map 122, Block B,
Lot 15B, if developed according to the preliminary site plan dated October 20,
1994 (revised April 20, 1995), and the conditions listed below, would comply
with the provisions of the Development Ordinance. These findings are based on the following:
Stipulations Specific to the
Development
1. Required
Improvements:
A. That no driveway access onto
Culbreth Road from proposed lots with frontage on Culbreth Road be allowed, and
that no access be permitted to the entrance street (street "A"), and
that a note to this effect be placed on the final plans and plat.
B. That Culbreth Road be
improved to one-half of a 51-foot cross-section with curb and gutter, bike
lane, and sidewalk along the entire length of this property's frontage on
Culbreth Road and with one half of an 80 foot right-of-way dedicated.
C. That street "A" be
constructed with a 33 foot back of curb cross-section with a five foot sidewalk
on both sides of the roadway.
D. That street "B" be
constructed to a 27 foot back of curb cross-section with a five foot sidewalk
on one side of the roadway.
E. That street "D" be
constructed to a 27 foot back of curb cross-section with a five foot sidewalk
on both sides of the roadway.
F. That a 60 foot right-of-way
be dedicated for streets "A" and the southern stub-out of street
"D", and 50 foot right-of-way be dedicated for street "B".
G. That all cul-de-sacs be
constructed to Chapel Hill local street standards with a 24 foot wide
cross-section and a sidewalk on one side within a 50 foot right-of-way.
H. That a Street Sign Plan be
provided prior to issuance of a Zoning Compliance Permit.
I. That all street stub-outs be
marked with a sign indicating a future street connection.
J. That the connection between
Cobble Ridge I and II and Cobble Ridge III be
for emergency vehicles, pedestrians and bicycles only, with a 50 foot right-of-way dedicated to the
Town.
2. Steep Slopes: That a detailed Steep Slopes plan be
submitted, prior to issuance of a Zoning Compliance Permit, showing the
potential buildable areas on the house lots, and committing to certain types of
building foundations and construction techniques for those lots and house sites
with slopes of 15% and greater. These restrictions shall be referenced
in the Homeowners' Association documents.
Buildable Area on the
Lots: That the developer indicate how building
sites will be prepared and generally how houses and driveways will be located
on the lots having slopes of 15% and greater in the final plans, prior to
issuance of a Zoning Compliance Permit.
3. Buildable Area on Lots: That prior to issuance of a Zoning
Compliance Permit, a plan identifying impervious surface restrictions for the
development, including restrictions on each lot, shall be approved by the Town
Manager. The square footage limitations
on impervious surface shall be identified on the final plat for each lot.
Stipulations Related to
Recreation Area
4. Payment-in-Lieu of
Dedicating Recreation Area: That
the applicant make a payment-in- lieu of dedicating the required recreation
area to the Town of Chapel Hill in accordance with Section 17 of the Chapel
Hill Development Ordinance prior to recordation of the final plat.
Stipulations Related to State and Federal
Government Approvals
5. State or Federal Approvals: That any required State or Federal permits
or encroachment agreements 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.
6. NCDOT approval: That plans for improvements to
state-maintained roads be approved by NCDOT prior to issuance of a Zoning
Compliance Permit.
Stipulations Related to Landscape
Elements
7. Landscape Plan Approval: That a detailed landscape plan (including
the buffer plantings) and landscape maintenance plan be approved by the Town
Manager prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall include a Type
"C" buffer (minimum width 20 feet) along the Culbreth Road frontage.
Existing vegetation may
be used, partially or wholly, to fulfill the buffer planting requirements,
where deemed sufficient by the Town Manager.
8. Ownership of Landscaped
Buffers and the Pedestrian Connection to the School: That the landscape buffers and the
pedestrian connection to the school not be part of individual lots but be part
of land owned and controlled by the Homeowners' Association.
9. Landscape Protection Plan: That a Landscape Protection Plan be approved
by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Water, Sewer and
Other Utilities
10. Stormwater Management Plan: That a stormwater management plan, based on
the Town's Hydros computer model, be
reviewed and approved by the Town Manager prior to issuance of a Zoning
Compliance Permit.
11. Fire Flow: That a detailed fire flow report be prepared
by a registered professional engineer, showing that flows meet the minimum
requirements of the Design Manual, to be approved prior to issuance of a Zoning
Compliance Permit.
12. OWASA Easements: That easement documents as required by OWASA
and the Town Manager be recorded concurrently with the final plat.
13. Utility Service Laterals: That prior to paving streets, utility
service laterals (including cable and telephone) shall be stubbed out to the
front property lines of each lot.
Sanitary sewer laterals shall be capped off above ground.
14. Utility/Lighting Plan
Approval: That the final detailed
utility/lighting plan be approved by Orange Water and Sewer Authority, Duke
Power, Southern Bell or GTE, Public Service Company, Cablevision, and the Town
Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring these
utilities, including cable television, are extended to serve the development.
Miscellaneous Stipulations
15. Solid Waste Management: A.
That Town refuse collection service shall not be provided until
annexation of the subject site into the Town limits. A note to this effect shall be provided on the final plat. B.
That a detailed solid waste management plan, including a recycling plan
and plan for management of construction debris, be approved by the Town Manager
prior to the issuance of a Zoning Compliance Permit.
16. Detailed Plans: That final detailed site plan, grading plan,
utility/lighting plans, stormwater management plan (with hydrologic
calculations), landscape plan and landscape maintenance plan be approved by the
Town Manager before issuance of a Zoning Compliance Permit, and that such plans
conform to the plans approved by this application and demonstrate compliance
all applicable conditions and the design standards of the Development Ordinance
and the Design Manual.
17. Homeowners' Association: That a Homeowners' Association be created
that has the capacity to place a lien on the property of a member who does not
pay the annual charges for maintenance of common areas, however designated. The Homeowners' Association documents shall
be approved by the Town Manager, recorded at the Orange County Register of
Deeds Office and cross referenced on the final plat.
18. Certificates of Occupancy: That no more than one Certificate of
Occupancy be issued until all required public improvements are complete; and
that a note to this effect shall be placed on the final plat.
If the Town Manager
approves a phasing plan, no Certificates of Occupancy shall be issued for a
phase until all required public improvements for that phase are complete; no
Building Permits for any phase shall be issued until all public improvements
required in previous phases are complete to a point adjacent to the new phase;
and that a note to this effect shall be placed on the final plat.
19. Traffic Signs: That the property owners shall be
responsible for placement and maintenance of temporary regulatory traffic signs
including street name signs before issuance of any Certificate of Occupancy
until such time that the street system is accepted for maintenance by the Town.
20. Pedestrian Connection to
Culbreth School Sign: That signage
be installed in accordance with Town sign regulations at both ends of the
pedestrian access to Culbreth Middle School indicating that the path is public,
and that the Town Manager approve the signage prior to issuance of a Zoning
Compliance Permit.
21. Street Names and Addresses: That the name of the development and its
streets and house numbers be approved by the Town Manager prior to issuance of
a Zoning Compliance Permit.
22. Erosion Control: That a detailed soil erosion and
sedimentation control plan be approved by the Orange County Erosion Control
Officer and the Town Manager before issuance of a Zoning Compliance Permit.
23. Silt Control: That the applicant take appropriate measures
to prevent and remove the deposit of wet or dry silt on adjacent paved
roadways.
24. Continued Validity: That continued validity and effectiveness of
this approval is expressly conditioned on the continued compliance with the
plans and conditions listed above.
25. Non-severability: If any of the above conditions is held to be
invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Town Council
hereby approves the application for Preliminary Plat for Cobble Ridge Subdivision,
Phase III, in accordance with the plans and conditions listed above.
This the 5th day of July, 1995.
Item 7 First Citizens Bank SUP
Mr. Waldon said the main issue concerning
this application was the possibility of a median on Franklin Street. He stated that there could be no assurance
that a median in Franklin Street would not be extended in the future.
Jack Smyre of the John R. McAdams Company,
the applicant's representative, said the applicant was agreeable to the
proposed conditions of approval in Resolutions A and B. He stated that one of the applicant's
objective was to lessen the difficulty associated with left turns out of the
bank's driveway. Mr. Smyre also said
that the State Department of Transportation had given indications that it would
accept and approve an extended median on Franklin Street.
Nan Kwock, Business Manager for Psychology
Associates, said the intersection of Franklin Street and Elliott Road was a
very busy one, having experienced heavier traffic and more accidents in recent
years. She urged the Council to adopt
Resolution C, eliminating the need for a median. Stating that there were several other banks at the intersection,
Ms. Kwock said if First Citizens' request for a median were approved, other
banks might make similar requests.
Vivian Foushee, a staff member at Psychology
Associates and a life long Town resident, said she was concerned that the
proposed exit would add to an already dangerous situation on Franklin
Street. She urged the Council to adopt
Resolution C.
Terry Vance, a staff member at Psychology
Associates, said she had lived in Town for thirty years. Ms. Vance asked the Council to adopt
Resolution C or D. She stated that a
median on Franklin Street would have a negative impact on Psychology
Associates. Ms. Vance requested that
the Council not resolve the situation by creating additional traffic problems
on Franklin Street. She suggested that
the applicant be required to make the traffic situation of Elliott Road better
rather than making the situation worse on Franklin Street.
Bob Vaillencourt, a Town resident for over 20
years, expressed concern that the Franklin Street corridor study was being
ignored. He also suggested that the
matter be referred back to staff for development of alternatives concerning
access to Elliott Road.
Council Member Powell inquired what features
of the median would make it a safe passageway.
She also inquired what estimated percentage of drivers turned would turn
right out of the driveway. Mr. Smyre
said the applicant's traffic analysis indicated that 25% of PM peak traffic
turned right out of the driveway. He
added that the best solution would be align the First Citizen's/SECU driveway
with the Wellspring Grocery driveway.
Mr. Smyre stated that the unresolved question was who would pay for such
a realignment. He also said the entire
shopping center would have to be reviewed if a driveway realignment were
proposed.
Council Member Powell inquired whether the
driveway on Elliott Road would remain
in place. Mr. Smyre said this was
correct and would need some rework.
Council Member Powell asked whether it was necessary to have a median
for right-in/right-out on to Franklin Street.
Mr. Smyre stated that the Department of Transportation deferred to the
Town on matters of this type. He stated
that a physical barrier other than a pork chop island was needed to stop left
turns in and out of the site. Mr.
Horton stated that medians were much more effective than pork chop islands in
preventing left turns. Mr. Smyre noted
that he had spoken earlier. He stated
that 25% of all traffic turned right out of the driveway.
Council Member Chilton stated that staff had
earlier suggested that approval of a 315 foot median did not hold any
implications about eventual future
extension of the median. Mr. Horton
said there would be no plans to extend the median unless development occurred
on the other side of the street.
COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY
COUNCIL MEMBER BROWN, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Brown said the Transportation
Board's and citizen's concerns about adding the proposed curb cut on Franklin
Street were valid.
COUNCIL MEMBER BROWN MOVED, SECONDED BY
COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION C.
Council Member Protzman said he would also
support Resolution C. He stated that
Ms. Kwok had made a very good point concerning the potential for other banks at
the same intersection to make similar requests in the future. Council Member Waldorf said it was desirable
to avoid curb cuts as much as possible
on this portion of Franklin Street. She
expressed hope that the Council would proceed with the improvements outlined in
Resolution C.
Council Member Capowski noted that the
Transportation Board had also expressed concern about increased traffic on
Elliott Road. Council Member Chilton
said he believed the solution to the problem lay on Elliott Road rather than
Franklin Street. Council Member Chilton
stated that he would support Resolution C.
Council Member Evans said she believed that
installing a short median on Franklin
Street would enhance pedestrian safety in the area and potentially help to slow
down traffic. Council Member Brown said
she did not accept the proposed shorter median as a friendly amendment to the
resolution.
RESOLUTION 11C WAS ADOPTED BY A VOTE OF 8-1,
WITH COUNCIL MEMBER CAPOWSKI VOTING NO.
A RESOLUTION APPROVING AN APPLICATION FOR
SPECIAL USE PERMIT MODIFICATION FOR FIRST CITIZENS BANK (SUP 46-B-5)
(95-7-5/R-11c)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that it finds that the Special Use Permit Modification application,
proposed by First Citizens Bank, on property identified as Chapel Hill Township
Tax Map 46, Block B, Lot 5, if developed according to the site development plan
dated December 14, 1993 (revised January 5, 1995), and the revisions submitted
April 28, 1995, and the conditions listed below:
1. Would be located, designed,
and proposed to be operated so as to maintain or promote the public health,
safety, and general welfare;
2. Would comply with all
required regulations and standards of the Development Ordinance, including all
applicable provisions of Articles 12, 13, 14 and 18, and with all other
applicable regulations;
3. Would be located, designed,
and proposed to be operated so as to maintain or enhance the value of
contiguous property; and
4. Would conform with the
general plans for the physical development of the Town as embodied in the
Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council
hereby approves the application for Special Use Permit Modification for First
Citizens Bank in accordance with the plans listed above and with conditions
listed below:
Stipulations Specific to the
Development
1. Construction Deadlines: That construction begin by July 5, 1997 (two
years from the date of Council approval) and be completed by July 5, 1998
(three years from the date of Council approval).
2. Required Improvements:
a. That the existing transit
stop on Franklin Street along this property's frontage be relocated to the west
and that the developer provide a bench.
b. That sidewalks be provided in
the following locations:
* along the north side of the
entrance drive from Elliott Road
* from the bank down the slope
to Elliott Road, including stairs.
* from the bank to the Franklin
Street sidewalk
c. That a bike rack be provided
near the main entrance to the building.
d. That adequate horizontal and
vertical sight distances be reserved at all proposed entrances, and that sight
triangle easements be recorded at the drive entrances and at the intersection
of Elliott Road and Franklin Street.
e. The driveway entrance onto
State roadways must be controlled with appropriate signage and pavement
markings approved by North Carolina Department of Transportation.
f. Drainage facilities, curb
cuts, and curb ramps and all encroachment into State right-of-way shall be
reviewed for approval by North Carolina Department of Transportation.
g. All parking lots and drive
aisles shall be built to meet or exceed minimum Town standards for pavement
design and dimensions.
h. That a 30-foot storm drainage
easement, over the existing 42-inch storm drainage pipe near the intersection,
be recorded on the final plat.
i. That a future potential
dumpster site, with location and size to be approved by the Town Manager, be
identified on the final plans.
3. New Curb Cut on Franklin
Street: That no new curb cut and no
median be installed on Franklin Street.
Stipulations Related to State and Federal
Government Approvals
4. State or Federal Approvals: That any require State or Federal permits or
encroachment agreements be approved and copies of the approved permits and
agreements be submitted to the Town of Chapel Hill prior to the issuance of a
Zoning Compliance Permit.
Stipulations Related to Landscape
Elements
5. Landscape Plan Approval: That a detailed landscape plan (including
the buffer plantings), landscape maintenance plan, and lighting plan be
approved by the Appearance Commission prior to the issuance of a Zoning
Compliance Permit. The Landscape Plan
shall include:
a. Detailed planting plans for
the following buffers:
* Type A buffer of minimum
width 15 feet along the Elliott Road frontage;
* Type B buffer of minimum
width 10 feet along the western property line;
* Type B buffer along the
northern side of the entrance drive from Elliott Road; and
* Type D buffer of minimum
width 30 feet along the Franklin Street frontage.
Existing vegetation
and/or fencing may be used, partially or wholly, to fulfill the buffer planting
requirements, where deemed sufficient by the Town Manager.
Landscape buffers must be
reviewed for approval by the Town Manager and the Appearance Commission prior
to issuance of a Zoning Compliance Permit.
b. A landscape strip at least 5
feet wide between the buildings and the parking lots and drive aisles.
c. Provisions for shading of at
least 35% of the pavement.
d. Street tree plantings along
the Franklin Street frontage in accordance with the Town's Entranceway Master
Landscape Plan for this section of the street.
e. Landscape buffers shall be on
slopes no steeper than 3:1.
f. That the grading plan be
revised to minimize disturbance within the rootzone of the existing row of
cedars and the large hardwoods beyond, some of whose trunks are located on the
property adjacent to the west.
6. Landscape Protection Plan: That a tree survey, identifying the
significant trees to be preserved on this site and the rootzones straddling the
western property line, and a detailed Landscape Protection plan for these trees
and rootzones, be submitted for review and approval by the Town Manager prior
to issuance of a Zoning Compliance Permit.
The Landscape Protection
Plan shall include standard landscape protection notes and a detail of the
proposed tree protection fencing. The
clearing limit lines should account for the locations of utilities and stormwater
management improvements.
Stipulation Related to Building
Elevations
7. Building Elevation and
Signage Approval: The detailed
building elevations and signage shall be reviewed for approval by the Town
Manager and the Appearance Commission prior to issuance of a Zoning Compliance
Permit.
Stipulations Related to Water, Sewer and
Other Utilities
8. Fire Flow: That a detailed fire flow report shall be
prepared by a registered professional engineer, showing that flows meet the
minimum requirements of the Design Manual, be approved prior to issuance of a
Zoning Compliance Permit.
9. Stormwater Management Plan: That a detailed stormwater management plan,
based on the Hydros computer model, be submitted for review and approval by the
Town Manager prior to issuance of a Zoning Compliance Permit.
10. Utility/Lighting Plan
Approval: That the final detailed
utility/lighting plan be approved by Orange Water and Sewer Authority, Duke
Power, Southern Bell, Public Service Company, and the Town Manager, before
issuance of Zoning Compliance Permit.
Miscellaneous Stipulations
11. Solid Waste Management
Plan: That a detailed solid waste
management plan, including a recycling plan and plan for management of
construction debris, be approved by the Town Manager prior to the issuance of a
Zoning Compliance Permit.
12. Detailed Plans: That final detailed site plan, grading plan,
utility/lighting plans, stormwater management plan (with hydrologic
calculations), landscape plan and landscape maintenance plan be approved by the
Town Manager before issuance of a Zoning Compliance Permit, and that such plans
conform to the plans approved by this application and demonstrate compliance
all applicable conditions and the design standards of the Development Ordinance
and the Design Manual.
13. Certificate of Occupancy: That no Certificate of Occupancy be issued
until all required public improvements are completed.
14. Sight Triangle Easements: That sight triangle easements be provided
for all entrances and for the intersection of Franklin Street and Elliott Road
on the final plat.
15. Erosion Control: That
a detailed soil erosion and sedimentation control plan, be approved by
the Orange County Erosion Control Officer and the Town Manager before issuance
of a Zoning Compliance Permit.
16. Silt Control: That the applicant take appropriate measures
to prevent and remove the deposit of wet or dry silt on adjacent paved
roadways.
17. Continued Validity: That continued validity and effectiveness of
this approval is expressly conditioned on the continued compliance with the
plans and conditions listed above.
18. Non-severability: If any of the above conditions is held to be
invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Town Council
hereby approves the application for Special Use Permit Modification for the
First Citizens Bank, accordance with the plans and conditions listed above.
This the 5th day of July, 1995.
Item 8 The Fountains SUP Request
Planning Director Roger Waldon provided an
overview of the proposed project. He
noted that the project offered limited opportunities for streetscape
improvements. Mr. Waldon also noted
that staff recommended adoption of Resolution A.
Josh Gurlitz stated that the project included
an underground vault for electrical equipment from Church Street to Breadmen's
Restaurant on Rosemary Street. He said
that conduit would be made available to area property owners. Mr. Gurlitz also stated that the project
proposed a good deal of street
plantings, consistent with the Streetscape program.
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER PAVAO, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 12A.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING THE APPLICATION FOR A
SPECIAL USE PERMIT MODIFICATION FOR THE FOUNTAINS (95-7-5/R-12a)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council finds that The Fountains proposed by The West End
Partnership on property identified as Chapel Hill Township Map 85, Block L, Lot
16, if developed according to the site plan dated October 9, 1989 and the
conditions listed below:
1. Would be located, designed,
and proposed to be operated so as to maintain or promote the public health,
safety, and general welfare;
2. Would comply with all
required regulations and standards of the Development Ordinance, including all
applicable provisions of Articles 12, 13, 14, and 18, and with all other
applicable regulations (with the exception listed below);
3. Would be located, designed,
and proposed to be operated so as to maintain or enhance the value of
contiguous property; and
4. Would conform with the
general plans for the physical development of the Town as embodied in the
Development Ordinance and the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council
finds, in this particular case, that the following modification to the
regulations satisfy public purposes to an equivalent or greater degree:
Modification of
Subsection 14.6 to allow an exception to the parking regulations with the
on-site provision of 74 parking spaces.
BE IT FURTHER RESOLVED that the Council
hereby approves the application for Special Use Permit Modification for The
Fountains in accordance with the terms and conditions of the Special Use Permit
approved on June 12, 1989, and with the
plan listed above and with the following additional conditions listed below:
Stipulations Specific to the Development
1. Required Completion Date: That construction be completed by March,
1997.
Miscellaneous
Stipulations
2. Solid
Waste Management Plan: That a
detailed solid waste management plan be approved by the Town Manager prior to
issuance of a Zoning Compliance Permit or that the applicant provide private
solid waste disposal.
3. Recreation
Space Required: That the applicant
demonstrate compliance with the Development Ordinance in the amount of
recreation space provided prior to issuance of a Zoning Compliance Permit.
4. Curb
and Gutter: That the applicant
replace the curb and gutter along the Rosemary Street frontage adjacent to the
new sidewalk installation in accordance with the Downtown Streetscape master
Plan and to Town Standards.
5. Conduit
Required: That the applicant
install conduit underneath the sidewalk to service the street lights and the
signal system.
6. Compatibility
with Downtown Streetscape Master Plan:
That any light fixtures or site furnishings proposed within or directly
adjacent to the public right-of-way shall be compatible with the Downtown
Streetscape Plan.
7. Pre-construction
Conference with Urban Forester: That
prior to resumption of construction activities, a pre-construction conference
shall be held with the Town's Urban Forester.
8. Stormwater
Discharge: That the developer
demonstrate that existing facilities can handle downstream stormwater discharge
prior to issuance of a Zoning Compliance Permit.
9. Transportation
Management Plan: That a
Transportation Management Plan be approved by the Town Manager prior to
issuance of a Zoning Compliance Permit.
BE IT FURTHER RESOLVED that the Council
hereby approves the application for Special Use Permit Modification for The
Fountains in accordance with the plans and conditions listed above.
This the 5th day of July, 1995.
Council Member Capowski said he was delighted
that this project was back on track.
Council Member Capowski said he believed there should be mechanisms in place to address future instances in
which development projects were
incomplete. He requested that staff
provide a follow-up report on options.
Council Member Waldorf suggested the
possibility of requiring developers to provide performance bonds.
Mr. Horton said staff could do some
preliminary research into options. Mayor Broun said there appeared to be
Council consensus to receive a preliminary report from staff in the near
future.
Item
9 Duplex Development DOTA
Mr. Horton stated that the staff's
recommendation was unchanged from the original public hearing on this
matter. He added that the proposed text
amendment was easily amendable.
Council Member Waldorf inquired about the
nature and timetable of the Historic District Commission's discussions
concerning the proposed text
amendment. Mr. Gurlitz stated that the
Commission was considering the
possibility of asking the Council to develop separate duplex regulations for
historic districts. He added that the
Commission would be discussing the matter in the near future.
COUNCIL MEMBER EVANS MOVED THAT THE COUNCIL
TABLE THE MATTER UNTIL THE HISTORIC
DISTRICT COMMISSION MADE ITS RECOMMENDATIONS TO THE COUNCIL.
Council Member Brown said she thought there
were immediate and longer-term needs regarding this matter. She stated that the Council had asked staff
to draft separate processes for the historic district and for
the balance of the Town. Noting the importance
of providing immediate protection to
residents of historic districts, Council Member Brown said she would be
interested in the staff bringing back a process from the Historic District
Commission addressing building setbacks and related matters. Mr. Horton said he did not understand that the Council had requested development
of separate processes at the hearing.
THE MOTION TO TABLE THE MATTER DIED FOR LACK
OF A SECOND.
COUNCIL MEMBER BROWN MOVED, SECONDED BY
COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 4.
Council Member Capowski inquired about
parking space options since the proposed text amendment called for only two
spaces to be provided for three bedroom duplex units. Mr. Waldon said available options included on-street parking, storage or off-site
parking. Mr. Horton said the practical
effect would be that renters would place a higher value on parking spaces. Mr. Waldon added that the proposal would be
beneficial in preserving the residential character of neighborhoods. Council Member Capowski said although he
agreed with this goal, he did not think it was a realistic one. Council Member Capowski inquired whether the
motioner was willing to change the number of parking spaces from two to three.
Council Member Brown said she was not.
Council Member Protzman said he did not favor
the Town getting in to social
engineering matters such as regulating whether or not unrelated persons could
reside in the same dwelling unit.
Council Member Protzman also said he did not think the Town should be
involved in these matters.
Noting that the proposed amendment would
apply to the entire Town, Council Member Evans said she would need additional
information before she could vote in favor of the proposal.
Mayor Broun inquired about additional
requirements for rooming houses, as differentiated from duplex
requirements. Mr. Waldon said rooming houses needed to meet floor area
ratios, provide buffers, screening of parking areas and go through a longer
review process. Council Member Capowski
said he doubted that anyone would ever choose to provide three parking spaces
per duplex unit if only two were required.
Council Member Evans inquired which zoning districts did not permit rooming houses. Mr. Waldon said rooming houses were permitted in Residential 3 and more zoning-intensive areas, while
duplexes were permitted in R-2
neighborhoods.
Council Member Brown inquired whether it was
possible for the Council to establish a moratorium on duplex development since
the Council's next meeting would not take place until late August. Council Member Brown also said it was very
important to provide special protections for the Town's historic districts.
Council Member Evans inquired about the
amount of time necessary to approve a duplex development proposal. Mr. Horton said it was possible that the
Town's Inspections Department could approve such an application in two or three
days.
Council Member Waldorf inquired whether an
overlay zone for duplexes could be employed in historic districts. Mr. Karpinos stated that the Historic
District Commission considered appearance-related matters. He added that the Council could establish a
different zoning category for duplexes in historic districts. Council Member Brown inquired whether such
regulations could be as rigorous as present regulations. Mr. Horton said the regulations could be
tailored as the Council wished. Council
Member Brown inquired whether duplexes in the historic district had to receive
a certificate of appropriateness from the Historic District Commission. Mr. Horton said this was correct.
Council Member Chilton said it would be
preferable to permit three, rather than two parking spaces per duplex unit as a
means of reducing enforcement-type problems.
Council Member Protzman said although he was
eager to move ahead on many matters, he suggested that the Council think very
carefully about how to proceed in this matter, including whether the Town could
realistically enforce an ordinance concerning the number of "bedrooms"
in a duplex unit. Council Member Brown
said she favored the Council voting on whether or not to adopt the proposed
ordinance amendment. She expressed
concern about what might occur during the Council's summer break if no action
were taken on the matter this evening.
Council Member Brown also said it was very important that the Council
have serious discussions about the Town's duplex ordinance and duplexes in
historic districts in the near future.
Mr. Horton noted that most duplex permits could be issued in a few days,
with the exception of those in the historic district, which could take up to
six weeks since the Historic District Commission had to review these
matters. Council Member Waldorf
inquired whether the Historic District Commission had discretion to delay an
application in the public interest. Mr.
Horton said State regulations required prompt action on development
applications.
Noting that he was uncomfortable with the
Council adopting a temporary ordinance, Mayor Broun suggested that the Council
discuss the matters in greater detail in the near future. Mayor Broun stated that he intended to vote
against the proposed ordinance, although he supported the ordinance's general
sentiment. He also urged the Council to carefully examine the matter in detail.
Council Member Capowski inquired whether the
motioner and seconder would agree to having two, rather than three, parking
spaces specified in the proposed ordinance amendment. Council Member Brown concurred.
Council Member Chilton said he did not accept the proposed amendment.
ORDINANCE 4 FAILED BY A VOTE OF 4-5,
WITH COUNCIL MEMBERS BROWN, CAPOWSKI,
CHILTON AND POWELL VOTING YES AND
COUNCIL MEMBERS EVANS, PAVAO, PROTZMAN AND WALDORF AND MAYOR BROUN VOTING NO.
Council Member Brown inquired when staff
could bring back a report to the Council concerning duplex regulations in the
Town's historic districts and other
parts of the Town. Mr. Horton said
staff could prepare a report by the second regular meeting in September. Council Member Evans said she believed it
would be necessary for the Council to hold another public hearing if the
Council proposed that the Historic District Commission approve rooming house
applications in Town historic districts.
Mr. Karpinos said this was correct since this option had not been
advertised in the public hearing notice.
Council Member Protzman inquired whether this
would have the effect of placing development applications in process on
hold. Mr. Karpinos said State law was
not completely clear on this matter.
Mr. Horton stated that staff felt an obligation to notify applicants of
potential rule changes.
Council Member Evans inquired whether the
Council could pass a revised ordinance this evening. Mr. Horton said this was a possibility if the Council wished to
do so.
COUNCIL MEMBER CHILTON MOVED, SECONDED BY
COUNCIL BROWN, TO ADOPT ORDINANCE 4 WITH STRUCK THROUGH LANGUAGE AND INCLUDING
LANGUAGE CONCERNING DOMESTIC PARTNERSHIP.
Council Member Evans said she believed it was
possible to protect the interest of all parties without adopting a temporary
ordinance or enacting a rigid ordinance which would impact the entire
community.
She inquired whether it was possible to
restrict the number of parking spaces to two in the Town's historic districts
only. Mr. Horton said yes. Mayor
Broun inquired whether the motioner accepted the proposed amendment. Council Member Chilton said yes.
Council Member Brown requested staff comment
on the proposal. Mr. Horton said staff
could not immediately comment on the matter.
Council Member Brown inquired about the possibility of taking out square
footage limits. Mr. Horton said this
would be dependent on the size of the affected lots.
Council Member Capowski said the matter came
down to whether one believed landlords should provide parking arrangements for
their tenants. Council Member Capowski
said he believed that landlords should do so.
Council Member Brown inquired how the proposal was less temporary than
other proposals. Council Member Chilton
inquired what existing Development Ordinance regulations said about the number
of parking spaces per side in a duplex.
Mr. Karpinos said while there was a provision concerning minimums, there
was none for a maximum number of spaces.
Council Member Capowski inquired whether the motioner and seconder would
accept a friendly amendment to raise the number of parking spaces to
three. Mayor Broun noted that there was
a motion on the floor to add domestic partnership and two off-street parking
spaces. Mr. Horton stated that any
additional requirement could make things more difficult. Council Member Chilton stated that a
two-space requirement would provide for more family-oriented dwelling units.
THE MOTION TO ADOPT ORDINANCE 4, AS AMENDED,
WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO AMEND THE DEVELOPMENT
ORDINANCE TO FURTHER RESTRICT DUPLEX DEVELOPMENT (95-7-5/O-4)
WHEREAS, the Council has considered the
proposed amendment to adjust the Two-Family Dwelling - Duplex and Rooming House
provisions of the Development Ordinance to further restrict the development of
duplexes and rooming houses, and finds that the amendment is appropriate due to
changed or changing conditions in a particular area or in the jurisdiction
generally and achieves the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council
of the Town of Chapel Hill that the Chapel Hill Development Ordinance shall be
amended as follows:
SECTION
I
AMEND Section 2.39 of the Chapel Hill
Development Ordinance to read as follows:
2.39 Dwelling,
Two-Family - Duplex: A single
dwelling consisting of two (2) dwelling units (other than a two-family dwelling
-- including accessory apartment - see Section 2.38 above), provided:
- the
two dwelling units are connected by or share a common floor-to-ceiling wall,
or, if the two units are arranged vertically, that they share a common
floor/ceiling and are not simply connected by an unenclosed
passageway (e.g., covered walkway); and
- provided
that each dwelling unit contains no more than three (3) bedrooms per unit
A duplex with more than three (3) bedrooms
within either dwelling unit shall be classified as a Rooming House
unless each dwelling unit is occupied by persons related by blood, adoption,
marriage, or domestic partnership, with not more than two unrelated
persons.
SECTION
II
That all ordinances and portions of
ordinances in conflict herewith are hereby repealed.
This the 5th day of July, 1995.
Mayor Broun noted that staff would present a
follow-up report on duplex development regulations at the second meeting in
September (September 23rd). Mr. Horton
noted that the staff's follow-up report would present information and set out a
process to deal with protecting
historic districts in all its ramifications.
Item
10 Fall Public Hearing Schedule
Mr. Horton stated that due to the number of
development-related matters in process, staff was recommending several changes
to the Council's fall public hearing schedule.
He said staff recommended adoption of Resolution 13.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY
COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 13.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADJUSTING DATES FOR PUBLIC
HEARING ITEMS (95-7-5/R-13)
WHEREAS, the Town Council has set specific
dates for considering certain issues at Public Hearing; and
WHEREAS, the Town Manager has identified
scheduling problems that require reconsideration of these dates;
NOW, THEREFORE, BE IT RESOLVED that the
Council changes the dates for consideration of items at Public Hearing as
follows:
Item Previous
Date New Date
Definition of Family 9/18/95 9/26/95
UNC Zoning Proposal 10/18/95 11/20/95
Board of Adjustment Changes 10/18/95 10/23/95
BE IT FURTHER RESOLVED that the Council
directs the Town Manager to proceed with scheduling other items for Council
consideration at Public Hearings as proposed in his July 5, 1995 memorandum on
this subject.
This the 5th day of July, 1995.
Item
11 Contributions for Fire Truck Purchase
Council Members Evans said she and Mayor
Broun had spoken to University and University Hospitals officials about the
possibility of these two entities assisting with funding of a new Town fire
truck. Stating that the spirit of
cooperation between the Town and University was alive and well, Council Member
Evans requested that the Council support Resolution 14.
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION THANKING THE UNIVERSITY OF NORTH
CAROLINA AND THE UNC HOSPITALS FOR CONTRIBUTIONS TOWARD THE PURCHASE OF FIRE
EQUIPMENT (95-7-5/R-14)
WHEREAS, the University of North Carolina and
UNC Hospitals receive fire protection services from the Town of Chapel Hill
Fire Department; and
WHEREAS, the Town receives about $296,000
annually from the State Fire Insurance Fund and other State funds to help
defray the Chapel Hill Fire Department's operating costs for protecting the
University and Hospitals; and
WHEREAS, the University and UNC Hospitals
have each generously offered on a voluntary basis to provide to the Town
$50,000 annually over the next three years to help defray the Town's cost of
buying the multi-purpose ladder truck purchased in 1993;
NOW THEREFORE BE IT RESOLVED by the Town
Council of Chapel Hill that the Council hereby expresses its appreciation and
thanks to the University of North Carolina and UNC Hospitals for contributing
to the cost of the multi-purpose ladder truck;
BE IT FURTHER RESOLVED that the Council
accepts the University's and UNC Hospitals' offer and authorizes the Mayor to
enter into on behalf of the Town an agreement with the University and UNC
Hospitals regarding their contributions.
This the 5th day of July, 1995.
Item
12 Funding of After Schools Program
Parks and Recreation Director Mike Loveman
said that staff felt that the After Schools Program worked well in providing
alternative activities for young
people. He also said staff
recommended that the Council adopt
Resolution 15 and Ordinance 5.
COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY
COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 15.
Council Member Protzman said he was pleased
that staff had been able to move ahead so quickly on this matter.
RESOLUTION 15 WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MANAGER TO ENTER
INTO A PERFORMANCE AGREEMENT FOR $37,000 FOR THE MIDDLE SCHOOL AFTERSCHOOL
PROJECT FOR FISCAL YEAR 1995-96 (95-7-5/R-15)
WHEREAS, the Council set aside contingency
funds in the amount of $37,000 for the Middle School Afterschool Program; and
WHEREAS, the Middle School Afterschool
Project serves at-risk youth of Chapel Hill providing valuable academic and
structured activities;
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Town of Chapel Hill that the Council authorizes the Manager to execute
on behalf of the Town, a performance agreement with the Junior League of Durham
and Orange Counties, Inc. in the amount of $37,000 for the Middle School
Afterschool Project in Phillips and Culbreth Middle Schools.
BE IT FURTHER RESOLVED that a condition of
the agreement be that the Middle School After School Project in the Chapel
Hill/Carrboro City School District be open to all Chapel Hill residents of
middle school age, including those living in the Durham County school district.
This the 5th day of July, 1995.
COUNCIL MEMBER EVANS MOVED, SECONDED BY
COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE 5.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO AMEND "THE ORDINANCE
CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR
BEGINNING JULY 1, 1995" (95-7-5/O-5)
BE IT ORDAINED by the Council of the Town of
Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning
Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1,
1995" as duly adopted on June 5, 1995 be and the same is hereby amended as
follows:
ARTICLE
I
Current Revised
Budget Increase Decrease Budget
APPROPRIATIONS
GENERAL FUND
Non-Departmental
Contingency 148,904 (37,000) 111,904
Agency Contributions 368,300 37,000 405,300
This the 5th day of July, 1995.
Item
13 Follow-up on Memorial Petition
Mr. Horton noted that the Council had asked
the staff to report back on a recent petition of interest to Peace Action, the
International Women's League and the American Legion. He stated that the Town had a long-standing tradition of
providing opportunities for expression in a civil manner. Mr. Horton said if the organizations wished
to do so, they could reserve spaces for activities on August 6th and 9th. Mr. Horton also stated that staff did not
believe it was a good idea to permit any organization to paint Town
property. He said staff recommended no
further Council action on this matter.
Charlie Hobson said he wholly concurred with
the Manager's recommendation, including not permitting painting around the
court house area. He also said it was
extremely important to preserve everyone's rights to free speech and
assembly. John Hartwell also expressed
his complete concurrence with the Manager's recommendation.
COUNCIL MEMBER BROWN MOVED, SECONDED BY
COUNCIL MEMBER PAVAO, TO RECEIVE THE STAFF'S REPORT ON THE MATTER.
Dan Holloway said it would be most
appropriate for memorials to Japanese
World War II victims to be in Hiroshima, Nagaski or other applicable
cities. He also said it was very
important that American citizens remember veterans and patriots who had given
their lives during World War II.
THE MOTION TO RECEIVE THE REPORT WAS ADOPTED
UNANIMOUSLY (9-0).
Item
14 Discussion of Consent Agenda Item
Mr. Horton presented an overview of key
points relative to flag lot criteria.
Council Member Brown said it would be a good idea to examine minor versus major subdivisions in
the context of historic districts.
COUNCIL MEMBER WALDORF MOVED, SECONDED BY
COUNCIL MEMBER PAVAO, TO ADOPT ORDINANCE 3.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE TO FURTHER RESTRICT THE CREATION
OF FLAG LOTS WITH SUBDIVISION APPLICATIONS (95-7-5/O-3)
WHEREAS, the Council has considered the
proposed amendment to adjust the flag lot provisions of the Development
Ordinance to further restrict the creation of flag lots, and finds that the
amendment is appropriate due to changed or changing conditions in a particular
area or in the jurisdiction generally and achieves the purposes of the
Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council
of the Town of Chapel Hill that the Chapel Hill Development Ordinance shall be
amended as follows:
SECTION
I
AMEND Section 17.7.6 of the Chapel Hill
Development Ordinance to read as follows:
17.7.6 Flag
Lots
17.7.6.1 Intent
The Town of Chapel Hill discourages and
restricts forming flag lots (as defined in Article 2) in subdivisions. A flag lot shall be permitted if necessary
to allow a property owner reasonable use and benefit from his land or to
alleviate situations which would otherwise cause extreme hardship for him.
17.7.6.2 Lot
Standards
Flag lots are prohibited except when
allowed upon findings that (1) the flag lot is (a) in minor
subdivisions, (b) where necessary to eliminate access onto arterials (See
Figure 17-1); (2) the flag lot is necessary (c) to reasonably
utilize irregularly shaped land (See Figure 17-2); or (3) the flag
lot is necessary to reasonably utilize (d) land with difficult
topography (See Figure 17-3). No flag
lot will be allowed if it increases the number of access points onto an
arterial or collector street. Subdivisions
approved after the effective date of this article shall not be resubdivided to
create flag lots.
That portion of a flag lot between the street
onto which it has access and the point where a lot dimension parallel to the
street first equals or exceeds the minimum lot width specified in Section 13.11
shall not be longer than two hundred feed.
The lot width and street frontage of a flag lot may be reduced to 35
feet. The Manager may approve further reductions to a minimum of 20 feet
where topographical conditions permit the construction of an adequate driveway
within that width. The Manager
may also require greater widths where necessary to ensure adequate access.
SECTION
II
That all ordinances and portions of
ordinances in conflict herewith are hereby repealed.
This the 5th day of July, 1995.
Mayor Broun noted that the Council needed a
brief closed session to discuss the Lloyd matter.
COUNCIL MEMBER CHILTON MOVED, SECONDED BY
COUNCIL MEMBER CAPOWSKI, TO MOVE INTO
CLOSED SESSION. THE MOTION WAS ADOPTED
UNANIMOUSLY (9-0).
The meeting concluded at 8:59 p.m.
The Town Council heard a report and
recommendation from the Town Attorney and Town Manager regarding the matter of
the Board of Adjustment's decisions to deny ten variance applications submitted
by Thelma Lloyd.
The Council accepted the recommendation of
the staff to not take an affirmative position in defense of the Board's
decisions when the Board's decisions are reviewed in Superior Court.