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SUMMARY
MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL
HILL TOWN COUNCIL
MONDAY,
APRIL 10, 2000 AT 7:00 P.M.
Mayor
Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council
members present were Flicka Bateman, Joyce Brown, Pat Evans, Lee Pavăo,
Bill Strom, Jim Ward, and Edith Wiggins. Council Member Kevin Foy arrived
at 7:37 p.m.
Staff
members present were Town Manager Cal Horton, Assistant Town Managers
Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos,
Assistant to the Manager Bill Stockard, Retired Inspections Director John
Davis, Retired Police Chief Ralph Pendergraph, Public Works Director Bruce
Heflin, Parks and Recreation Director Kathryn Spatz, Interim Police Chief
Gregg Jarvies, Solid Waste Director Gayle Wilson, Police Analyst Jane
Cousins, Planning Director Roger Waldon, Engineering Director George Small,
Planning Long Range Coordinator Chris Berndt, Stormwater Engineer Fred
Royal, and Town Clerk Joyce Smith.
Item 1 – Ceremonies
a. (1) Proclamation Designating
National Volunteer Week.
Mayor
Waldorf read a proclamation designating the week of April 9-15, 2000,
as Volunteer Recognition Week in Chapel Hill.
MAYOR
PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT A RESOLUTION
DESIGNATING THE WEEK OF APRIL 9-15, 2000, AS VOLUNTEER RECOGNITION WEEK
IN CHAPEL HILL. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
PROCLAMATION
REGARDING
NATIONAL VOLUNTEER WEEK AND THOSE GENEROUS CITIZENS WHO GIVE THEIR TIME
AND BEST EFFORTS TO THE TOWN OF CHAPEL HILL
WHEREAS,
National Volunteer Week was established in 1974 and supported by Presidential
Proclamation annually to celebrate volunteerism in the United States;
and
WHEREAS, April 9-15, 2000 has been designated as
National Volunteer Week, and
WHEREAS, volunteers are Chapel Hill’s greatest resource in creating a healthy,
productive and humane community;
and
WHEREAS, the Town benefits from volunteers who enthusiastically
share their skills and talents throughout the year by serving on boards,
commissions, task forces and by serving in a myriad of other ways, and
WHEREAS,
the Town wishes to honor and recognize these many volunteers, and
WHEREAS, we enthusiastically encourage even more
citizens to participate in volunteerism in the new millennium:
THEREFORE, I, Rosemary I. Waldorf, Mayor of the
Town of Chapel Hill, wish to honor and to thank the dedicated citizens
of this community who give so generously of their valuable time, energies
and abilities by proclaiming this week of April 9-15, 2000 to be officially
designated as
Volunteer
Recognition Week in Chapel Hill
And in
doing so, I charge all interested citizens to observe this week by seeking
some area in the community to which they can devote a few hours each week
and give aid to people or programs needing assistance.
GIVEN UNDER MY HAND AND THE SEAL
OF THE TOWN OF CHAPEL HILL, ON THIS THE TENTH DAY OF APRIL, TWO THOUSAND
______________________________________
Rosemary I. Waldorf, Mayor
a.
(2) Proclamation Thanking Citizens and Staff Volunteers for Flood Relief
Efforts.
Mayor
Waldorf read a proclamation thanking the citizens and staff volunteers
for the flood relief efforts.
COUNCIL
MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT A RESOLUTION
THANKING THE CITIZENS AND STAFF VOLUNTEERS FOR FLOOD RELIEF EFFORTS.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
PROCLAMATION
THANKING
CITIZENS AND STAFF WHO HAVE GIVEN THEIR TIME AND BEST EFFORTS TO ASSIST
THE TOWN OF SPEED AND OTHER FLOOD RAVAGED AREAS IN EASTERN NORTH CAROLINA
AS PART OF THE TOWN OF CHAPEL HILL FLOOD RECOVERY ASSISTANCE
WHEREAS,
in September 1999 catastrophic flood damage occurred in eastern North
Carolina as a result of severe flooding caused by Hurricane Floyd; and
WHEREAS,
the Towns of Chapel Hill and Carrboro, the UNC-CH Carolina Center for
Public Service, and the Orange Water and Sewer Authority agreed to offer
flood recovery aid to the Town of Speed, in Edgecombe County, for an extended
time period; and
WHEREAS,
since that time citizens and staff from Chapel Hill, Carrboro and surrounding
areas have provided substantial assistance to the community of Speed and
other flood damaged areas in eastern North Carolina by enthusiastically
participating in efforts to help restore communities to residents; and
WHEREAS,
the volunteer steering committee of Neighbors For Speed has worked many
months to identify needs of Speed citizens, raise funds locally, and help
put their lives back in order; and
WHEREAS,
all these citizens have demonstrated through their labor and giving of
time our entire community’s heartfelt concerns for our neighbors; and
WHEREAS, the week of April 9-15,
2000 has been designated as National Volunteer Week; and
WHEREAS,the
Town also wishes to especially recognize these volunteers for their labor
and their willingness to represent our community to the citizens of Speed
and other flood damaged areas in eastern North Carolina;
NOW THEREFORE, I, Rosemary I. Waldorf, Mayor of the Town of Chapel
Hill, wish to thank the dedicated individuals who gave and continue to
give so generously of their valuable time, abilities and resources to
the Town’s flood recovery efforts, and to honor them during the week of
April 9-15, 2000 as part of the Volunteer Recognition Week in Chapel Hill.
And
in doing so, I charge all interested citizens to observe this week by
seeking some way to support the Town’s continued flood recovery efforts
to the community of Speed and other flood damaged communities in eastern
North Carolina during the next year.
Contributions
to Speed relief may be made through The Triangle Community Foundation,
P.O. Box 12834, Research Triangle Park, NC, 27709. Please write “Neighbors
for Speed, NC” in the check memo section.
GIVEN UNDER MY HAND AND THE SEAL OF THE TOWN OF CHAPEL HILL, ON THIS
THE TENTH DAY OF APRIL, TWO THOUSAND.
__________________________________________
Rosemary I. Waldorf, Mayor
b.
Presentation of Plaques to Retired Town Employees.
Mayor
Waldorf presented plaques of recognition to the following retired Town
employees:
Billy
Ashworth – Equipment Mechanic
Linda
Elliott – Bus Driver
Alvin
Evans – Bus Driver and Transit Supervisor
Robert
Godding – Transportation Director
Matrino
Morrow – Bus Driver
John
Davis – Director of Inspections
Ralph
Pendergraph – Police Chief
Charles
Fearrington – Police Officer
Harold
Harris – Public Works and Landfill Manager
Mayor
Waldorf thanked all the retiring employees for their years of dedicated
service to the Town and its citizens..
Item
2 – Public Hearings (none).
Item
3 – Petitions by Citizens and Announcements by Council Members.
a. Petitions
by Citizens on Items on the Agenda (none).
b. Petitions
by Citizens on Items Not on the Agenda.
(1) Petition from
Jack McDonald, MAC Realty L.L.C., requesting that the Council consider
allowing him to purchase the property known as Merritt’s Pasture.
COUNCIL
MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE THE PETITION.
THE MOTION WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS BATEMAN,
BROWN, EVANS, STROM, WARD AND WIGGINS VOTING AYE, AND MAYOR WALDORF AND
MAYOR PRO TEM PAVĂO VOTING NAY.
(2) Joe Capowski petitioned
the Council to preserve an inexpensive basic cable TV service level, most
likely through reopening talks with Time Warner about the Town’s current
franchise agreement. He outlined the history of the present cable franchise
situation and offered his services in the solution for competitive services.
COUNCIL
MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO RECEIVE AND
REFER THIS PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
(3) Lawrence Hayes,
Managing Partner, The Curve Inn, LLC, petitioned the Council for the additional
purchase of land (approximately 2/5 of an acre) from the Town of Chapel
Hill to allow building of an office building with covenants allowing for
a special green space, connected by a public/private footpath, linking
East Franklin Street to the Greenway Trail System through th tract owned
by The Curve Inn.
COUNCIL
MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER
THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council
Member Strom asked the Staff to include some site-volume ratio issues
explanation in the report when it came back to the Council.
Council
Member Ward asked that the report include information regarding the first
request by the petitioner.
(4) Moses Carey,
Chair of the Orange County Commissioners, petitioned the Council by letter,
requesting that the Town fund improvements to the right-of-way area in
front of the Skills Development Center during the 2000-2001 fiscal year.
COUNCIL
MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER
THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(5) Robert Sotolongo,
DTW Architects & Planners, submitted a petition on behalf of Carol
Woods Retirement Community regarding an expedited review of a special
use permit for expansion and renovations. He said the expansion consisted
of four major components:
·
Two
Cluster Homes for 24-hour supportive care for the residents of Carol Woods.
·
A
child daycare center, to fill the need of a 422-waiting list for child
care in Chapel Hill.
·
Twelve
garden apartments.
·
Renovations
and additions to the Dining Center.
Council
Member Bateman asked Mr. Sotolongo how many residents from Carol Woods
had to be sent outside of the retirement center to an extended care facility.
Mr. Sotolongo said he would get the figures for the Council.
COUNCIL
MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER
THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
(6) Edie Salmony,
Charter Board of Directors of the Community Action Network, petitioned
the Council to endorse the “penny for housing” proposal, which would aid
affordable housing in Orange County. She said there were an estimated
3,600 Orange County residents who presently live in sub-standard housing.
She said it was estimated that the “penny for housing” proposal would
raise about $680,000, which would add about $29 per year to a homeowner’s
taxes.
Council
Member Brown noted this petition could be referred to the staff for a
resolution.
Council
Member Wiggins said she would like to have the petition discussed before
a resolution was adopted because the funds would also support efforts
to help people who had marginal incomes to maintain the homes they already
had. She said the increase in taxes would be a burden on some homeowners,
who could barely, or not at all, pay their taxes.
COUNCIL
MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO RECEIVE THE PETITION
AND REFER IT TO AN AD HOC COMMITTEE OF THE COUNCIL, TO CONSIST OF COUNCIL
MEMBERS BROWN, STROM AND WIGGINS, TO PREPARE A RESOLUTION FOR COUNCIL
APPROVAL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 14 –
Follow-Up Report on Discussion of Mixed Housing Ordinance
With the Council’s consensus, Mayor Waldorf allowed a citizen to speak at this
time on an agenda item scheduled for later in the evening.
Larry
Shirley, Director of the North Carolina Solar Center at North Carolina
State University (NCSU), said that the Solar Center supported affordable
housing and had worked with Orange and Durham County’s Habitat for Humanity
for incorporating passive solar energy into affordable housing. He urged
the Council to keep the Million Solar Roofs Initiative on the agenda for
affordable housing. Mr. Shirley said with the help of a part-time Town
staff coordinator which the Council had agreed to fund, his staff at NC
State University would be working closely with the Town for installation
of as many solar roofs as possible in Chapel Hill by the year 2010. He
said the campaign would be kicked off on Earth Day, April 22, 2000, with
the theme for Earth Day being “New Energy for a New Era.”
Item 3 c
– Announcements by Council Members
Council
Member Wiggins announced that there would be an open house held at the
Horace Williams Airport on April 22, 2000, from 10:00 a.m. to 5:00 p.m.,
to give the public an opportunity to learn about airport operations.
Item 4 –
Consent Agenda: Action Items
MAYOR
PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION
R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS
RESOLUTIONS AND ORDINANCES
(2000-04-10/R-1)
BE
IT RESOLVED by the Council of the Town of Chapel Hill that the Council
hereby adopts the following minutes, resolutions and ordinances as submitted
by the Town Manager in regard to the following:
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a.
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Nominations to the Stormwater Utility
Study Committee and the Work Group to Study Traffic Management in
the Glen Lennox, Little Creek, and Oaks I Neighborhoods (R-2).
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b.
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Bids for batting cages at Homestead
Park (R-3) (O-0.1).
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c.
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Award of bid for Police computer software
and related equipment (R-4a & b).
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d.
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Award of bid for Public Works generator
(R-5).
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e.
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Disposition of surplus property (R-6).
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f.
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Contract with consultant on Employer-Employee
Housing (R-7) (O-1).
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g.
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Request to extend completion time limit
for Lowe’s Village Center Special Use Permit (R-8a & b).
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h.
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Addition of meeting dates to Council
Calendar (R-9).
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i.
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Authorization to Sign Deeds and Vehicle
Titles (R-10).
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This the 10th day
of April, 2000.
A
RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS
(2000-04-10/R-2)
WHEREAS,
the applications for service on an advisory board or commission or other
committees listed below have been received; and
WHEREAS,
the applicants have been determined by the Town Clerk to be eligible to
serve;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that
the following names are placed in nomination to serve on an advisory board
or commission:
Stormwater Utility Development
and Implementation
Study Committee
Phil Berke
Paula Gee Davis
Warren Faircloth
John W. Greene
Mike Hammersley
John T. Laetz
Julie
McClintock
James T. Mergner
Sharon Myers
Judith K. Weseman
Roy Williford
Work
Group To Study Traffic Management
in the Glen
Lennox, Little Creek, And Oaks 1 Neighborhoods
Betsey Anderson
Paula Gee Davis
Robert Foley
Charles Gibson
Wes
Hare
Madeline Jefferson
Beth Kell
Bill Kibbe
Kenneth M. McIntyre
Gian Orlandi
Joost Franklin Verkerk
Dave
Worster
Kevin Zimmer
This the 10th day
of April, 2000.
A RESOLUTION TO AWARD THE
BID FOR THE HOMESTEAD PARK BATTING CAGE (2000-04-10-/R-3)
WHEREAS,
the Town of Chapel Hill has solicited formal bids by legal notice in The
Chapel Hill News and the News & Observer, January 5, 2000,
and the Challenger Newspaper, January 6, 2000, in accordance with
N. C. General Statute 143-128 for construction of the batting cage; and
WHEREAS,
four (4) bids were received on Friday 8, 2000, at 3:00 p.m., and opened:
VENDOR
BID
Patriot Building
Co., Inc. $299,400
Hillsborough,
N. C.
KAD
Construction, Inc.
$317,000
Raleigh,
N. C.
Polovich
Construction Co., Inc. $295,400
Raleigh,
N. C.
R
& G Construction Company
$268,980
Charlotte,
N. C.
WHEREAS,
the low bidder R & G Construction Company has agreed to a negotiated
price of $255,157;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that
the Town accepts the bid of R & G Construction Company for the negotiated
amount of $255,157 for the construction of the Homestead Park Batting
Cage facility contingent upon successful execution of an agreement with
Ryan’s World of Chapel Hill that would provide a $40,000 contribution
to the Town toward construction of the facility.
BE
IT FURTHER RESOLVED by the Council that the Manager is authorized to establish
a project budget of $284,000 using $244,000 in 1996 Parks bond funds and
a $40,000 contribution from Ryan’s World of Chapel Hill, Inc.
BE
IT FURTHER RESOLVED by the Council that the Manager is authorized to execute
an agreement with Ryan’s World of Chapel Hill for the purpose of securing
a $40,000 contribution to the Town for construction of a batting cage
facility at Homestead Park and establishing rates for use of the batting
cage facility that are comparable to other batting cage facilities located
in the Triangle.
This
the 10th day of April, 2000.
AN
ORDINANCE TO AMEND THE 1996 PARKS BOND PROJECT ORDINANCE
(2000-04-10/O-0.1)
BE
IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to
Section 13.2 of Chapter 159 of the General Statutes of North Carolina,
that the capital projects ordinance for various capital projects funded
from a variety of sources is hereby amended as follows:
SECTION
I
The capital projects as authorized by the Town Council includes various capital
projects funded from grants, the Capital Improvements Program funds, and
other miscellaneous sources of revenue for a variety of projects extending
beyond one fiscal year.
SECTION
II
The
Manager of the Town of Chapel Hill is hereby directed to proceed with
implementation of these projects within terms of funds appropriated here.
SECTION
III
Revenues
anticipated to be available to the Town to complete the project are as
follows:
Current Budget Revised
Bond
Proceeds 5,000,000
5,000,000
Interest
Earnings 19,600
19,600
Other
Revenues 217,200
257,200
Total
5,236,800 5,276,800
Amounts
appropriated are for the project as follows:
Parks
and Recreation Facilities 5,236,800
5,276,800
SECTION
IV
The
Manager is directed to report annually on the financial status of the
project in an informational section to be included in the Annual Budget,
and shall keep the Council informed of any unusual occurrences.
SECTION
V
Copies
of this projects ordinance shall be entered into the Minutes of the Council
and copies shall be filed within 5 days of adoption with the Manager,
Finance Director and Clerk.
This
the 10th day of April 2000.
A RESOLUTION
ACCEPTING THE BID OF OPEN SOFTWARE SOLUTIONS FOR THE PURCHASE OF SOFTWARE
AND RELATED EQUIPMENT (2000-04-10/R-4a)
WHEREAS,
the Town of Chapel Hill has determined specific criteria for software
and related hardware for the Police Department; and
WHEREAS,
based on the total cost of ownership, technical merit of the product,
the vendor’s past performance, and the probability of the product performing
as required, Open Software Solutions, Incorporated best meets the needs
of the Chapel Hill Police Department;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that
the Council use the Best Value procurement method authorized under G.S.
143-135.9 and accepts the offer to sell of Open Software Solutions, Incorporated
in the amount of $236,364.
This
the 10th day of April, 2000.
A
RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE-PURCHASE CONTRACT
FOR THE PURCHASE OF COMPUTER SOFTWARE FOR THE POLICE DEPARTMENT (2000-04-10/R-4b)
WHEREAS,
the Town of Chapel Hill solicited and received competitive proposals from
financial institutions for the lease-purchase of a computer software packages
for Police Department operations and record-keeping;
WHEREAS,
Branch Banking & Trust offers the lowest interest rate of 5.01% for
this purchase;
NOW,
THEREFORE, BE IT RESOVED by the Council of the Town of Chapel Hill that
the Council authorizes the Town Manager to enter into a contract with
Branch Banking & Trust on behalf of the Town for the lease-purchase
of software packages at a fixed interest rate of 5.01% for a three-year
term.
BE
IT FURTHER RESOLVED that the aforesaid contracts by and between the Town
of Chapel Hill, Open Software Solutions, Inc., and Branch Banking &
Trust, together with the amounts to be paid thereunder, be and the same
are hereby designated as qualified tax-exempt obligations of the Town
of Chapel Hill for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
BE
IT FURTHER RESOLVED that the Council does not reasonably expect that the
Purchaser (and any subordinate entities) will issue more than $10,000,000
in qualified tax-exempt obligations pursuant to such Sections 265(b)(3)(ii)
during the current calendar year.
This
the 10th day of April, 2000.
A RESOLUTION
ACCEPTING A BID FOR ONE EMERGENCY BACK-UP ELECTRIC POWER GENERATOR (2000-04-10/R-5)
WHEREAS,
the Town of Chapel Hill has solicited formal bids by legal notice in The
Chapel Hill News on March 12, 2000 in accordance with General Statute
143-129 for one electric power generator; and
WHEREAS,
the following bids were received and opened on March 23, 2000:
VENDOR
MAKE & MODEL
BID
Keplar
Electric Caterpillar Olympian D60P1
$33,751.00
Cummins
Atlantic Onan 60DGCB
$35,577.55
Bittin
Electric Caterpillar Olympian D60P1
$42,019.00
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that
the Town accepts the bid of Keplar Electric in the amount of $33,751 for
the emergency back-up electric power generator.
This
the 10th day of April, 2000.
A
RESOLUTION DECLARING 135 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND
AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE
WITH STATUTORY REQUIREMENTS
(2000-04-10/R-6)
WHEREAS,
Article 23 of N. C. General Statute 160A and Section 4.16 of the Charter
of the Town of Chapel Hill authorizes the Town to dispose of surplus property;
and
WHEREAS,
the Town desires to dispose of certain items of personal property;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that
the following items of personal property are hereby declared surplus:
VEHICLES
(1)
1988 Chevrolet 4D
(1)
1988 Chevrolet Van
(1)
1989 Ford Crown Victoria 4D
MAINTENANCE EQUIPMENT
(1)
John Deere Backhoe
(4)
Riding Mowers
OFFICE FURNITURE
& EQUIPMENT
(64)
Computers, Printers & Accessories
(3)+(3)
Desk
(7)
Office Chairs
(2)
Office Tables
(3)
Bookcases
(2)
File Cabinets
(3)
Items of Computer Furniture
(2)
Computer Disk Holders
OTHER MISCELLANEOUS
ITEMS
(1)
Kitchen Cabinet
(2)
Coat Racks
(2)
Tennis Tables
(1)
Bumper Pool Table
(1)
Speed Hockey Table
(4)
Folding Mats
(1) Surfboard
(17)
Kickboards
(1)
Pool Cover
(5)
Life Jackets
(1)
Head Immobilizer
(1)
Plastic Recycle Bin
(1)
Plastic Step-Up
(1)
Dry Erase Board
(1)
Key Box
(1)
Stage (To Be sold by Sealed Bid)
That
the Purchasing Agent of the Town of Chapel Hill shall be and is hereby
authorized to dispose of this surplus personal property in accordance
with statutory requirements.
That
the public auction is to take place on Saturday, April 22, 2000, at 10:00
a.m., at the Municipal Operations Facility, 1099 Airport Road.
That
prior to public auction the Purchasing Agent is authorized to dispose
of any of personal property by sale, lease, exchange, sealed bid, or transfer
to other governmental units in conformity with N. C. General Statute 160A-274.
That
the terms of the sale shall be to the highest bidder for cash or other
form of cash equivalent acceptable to the Purchasing Agent. All sales
shall be designated final on the day of the auction.
That
all items shall be sold on an “as is” and “where is” basis and the Town
makes no guarantee and assumes no responsibility for any of the items.
That
it shall be condition of sale that all items purchased shall be picked
up and removed from the premises of the Municipal Operations Facility
by 3:00 p.m., on the day of the auction. Successful bidders shall bear
the sole risk for loss of any items remaining on said premises past the
designated time.
This
the 10th day of April, 2000.
A RESOLUTION
AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH UniDev, L.L.C., FOR
THE PROVISION OF CERTAIN CONSULTING SERVICES (2000-04-10/R- 7)
BE
IT RESOLVED by the Council of the Town of Chapel Hill that the Council
hereby authorizes the Town Manager to execute on behalf of the Town an
agreement with UniDev, L.L.C., for the provision of certain consulting
services in connection with strategic planning for the development of
employer-employee housing and associated retail and parking facilities.
This
the 10th day of April, 2000.
AN
ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING
OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1999 (2000-04-10/O-1)
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, 1999” as duly adopted
on June 14, 1999 be and the same is hereby amended as follows:
ARTICLE
I
Current
Revised
APPROPRIATIONS
Budget Increase Decrease
Budget
GENERAL FUND
Non-Departmental
Housing Project
0 100,000
100,000
ARTICLE
II
Current
Revised
REVENUES
Budget Increase Decrease
Budget
GENERAL FUND
Grants
801,365 66,000
867,365
Fund Balance
1,685,630 34,000
1,719,630
This the 10th day of April,
2000.
A
RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE
FOR LOWE'S VILLAGE CENTER (2000-04-10/R-8a)
WHEREAS,
National Development Corporation has requested an extension of the completion
time limit for Lowe's Village Center; and
WHEREAS,
Article 18.6.3 of the Chapel Hill Development Ordinance requires Council
to make the determination that a) the permit holder submits the request
within 60 days of the completion time limit; b) the permit holder has
proceeded with due diligence and good faith; and c) conditions have not
changed so substantially as to warrant Council reconsideration of the
approved development; and
WHEREAS,
a) the permit holder submitted the request within 60 days of the completion
date; b) the permit holder has proceeded with due diligence and good faith;
and c) conditions have not changed so substantially as to warrant Council
reconsideration of the approved development; and
WHEREAS,
the applicant's previous request for extension stated his intent to reduce
the allowable square footage of the second building to approximately 25,000
square feet.
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that
the Council approves the request of National Development Corporation for
the extension of the completion date of the Lowe's Village Center to February
27, 2001 conditioned upon the remainder of the development for Lowe's
Village Center adding no more than 25,000 square feet of floor area.
This
the 10th day of April, 2000.
A RESOLUTION
ADDING TOWN COUNCIL MEETING DATES FOR THE PURPOSE OF BUDGET WORK SESSIONS
(2000-04-10/R-9)
WHEREAS,
the Town Council requires additional meetings to confer over the recommended
budget; and
WHEREAS,
the Council must approve the annual budget by June 30, 2000;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that
the Council adds the following dates on its upcoming calendar, for the
purpose of discussing the budget:
- April 12, 2000, 4:30-6:30
p.m.
- April 18, 2000, 4:00-6:00
p.m.
This the 10th day
of April, 2000.
A
RESOLUTION AUTHORIZING AND DIRECTING THE TOWN MANAGER TO SIGN DEEDS AND
VEHICLE TITLES ON BEHALF OF THE TOWN OF CHAPEL HILL IN ACCORDANCE WITH
THE INTERLOCAL AGREEMENT FOR SOLID WASTE MANAGEMENT, AS AMENDED, APPROVED
BY THE TOWN COUNCIL (2000-04-10/R-10)
BE
IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager
is authorized and directed to execute deeds and vehicle titles on behalf
of the Town of Chapel Hill in accordance with the terms of the Interlocal
Agreement for Solid Waste Management, as amended, approved by the Town
Council.
This
the 10th day of April, 2000.
Item 5 –
Information Items
Council
Member Bateman removed item 5b.
Council
Member Ward removed item 5a.
Mayor
Waldorf suggested that items 5a and 5b be deferred until the April 24th
meeting since there was interest expressed for discussion, and this would
offer an opportunity for people to be notified if they were interested
in a discussion.
COUNCIL
MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO DEFER DISCUSSION
OF ITEMS 5A AND 5B UNTIL THE MEETING ON APRIL 24, 2000. THE MOTION WAS
ADOPTED UNANIMOUSLY (9-0).
The
remainder of item 5 was received by consensus of the Council.
Item
6 – YMCA Application for Special Use Permit Modification
Assistant
Town Manager Sonna Loewenthal presided, as Mr. Horton, a member of the
YMCA’s (Y) Board, excused himself from the discussion and left the room.
Planning
Director Roger Waldon said the main issues discussed at the public hearing
related to public access and parking spaces. He said there had been discussion
as to whether the second vehicle access road should be required at the
beginning of the first phase or, on recommendation of two advisory boards,
be delayed until phase two of the planning. Mr. Waldon added that the
staff had revised its recommendation so that the access area be acquired
during the first phase, but would not have to be constructed until the
second phase. Mr. Waldon said there were three options offered to the
Council for consideration:
1. That
the Council not require the second access until the second phase.
2. The
Manager’s recommendation that would require the acquisition of the access
road, but not require it to be built until the second phase.
3. Require
full construction of the access in phase one.
Mr.
Waldon said the staff’s recommendation regarding the parking remained
unchanged, adding that the request for 157 parking spaces was reasonable.
He said the revised recommendation was that the Council adopt Resolution
A, which was identical to the recommendation at the public hearing, except
for the issue of the access onto Estes Drive.
Michael
Hining, architect for the proposed facility, said the survey has not been
completed yet, but there was indication that there was an easement between
the property and the church property, which the church would be willing
to allow for an access road. He said Resolution A was acceptable.
Council
Member Foy asked Mr. Hining if he would object to inclusion in Resolution
A the recommendation from the Community Design Commission that the drive
aisles at the rear of the site should be constructed with pavement, gravel,
or alternative porous material. Mr. Hining said if the road were gravel
it would create dust.
Council
Member Ward advised that the Council was driving toward the use of more
porous asphalt, depending upon the soil conditions for accommodating it.
He said it would be an option to reduce the pervious surface on the site.
Mr. Hining said an alternate would be acceptable, as long as buses could
drive on it. He said they would research this possibility.
Council
Member Foy asked Mr. Hining if he would object to the deletion of two
parking spaces at the rear of the site, so the traffic circle would not
infringe on the buffer, as suggested by the Community Design Commission.
Mr. Hining said he would have no objection.
Mayor
Waldorf asked if the access issue was not resolved by the time the youth
building was completed, could that building be utilized. Mr. Hining said
it could. He said they would like to have flexibility, but intended to
get the drive put in as soon as they could get the access and could afford
to do it, but the more flexibility the better with the requirement of
the installation of the drive.
Mayor
Waldorf clarified the differences between Resolution A and B.
Council
Member Evans asked if the easement was a public right-of-way. Mr. Hining
said it was a right-of-way for the Y.
Council
Member Brown asked how the drive would impact the occupied house nearby.
Mr. Hining said the house would end up with a nice, paved driveway, with
curb and gutter, sidewalk, and bike trail. He said the occupants had
not spoken in a negative way about the installation of the driveway.
Council
Member Ward asked Mr. Waldon if the Bicycle and Pedestrian Advisory Board’s
recommendations regarding warning signs at entrances and exits had been
included in the Resolution. Mr. Waldon said the staff believed it was
not necessary to require the two recommendations regarding bikes and signs,
but they could be included in the final plans.
Council
Member Ward said however it was done would be fine, as long as the final
project was as safe as possible for bicyclists and pedestrians. Mr. Waldon
said the staff would include these into the Resolution, as a safeguard.
Council
Member Ward said he wished to have the recommendations of the Bicycle
and Pedestrian Advisory Board added to the Resolution. He said he would
like to add to #14, Section C, the language to protect the pines from
other utility lines, in addition to the drainage lines. Mr. Waldon said
he was not aware of any additional utility lines, but would add this suggestion
as another safeguard, by adding the phrase “all other underground lines.”
MAYOR
PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC
HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL
MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION
11B, WITH THE INCLUSION OF THE TWO RECOMMENDATIONS OF THE COMMUNITY DESIGN
COMMISSION, AND TO INCLUDE NUMBERS 2 AND 3 OF RESOLUTION D, THE RECOMMENDATIONS
OF THE BICYCLE AND PEDESTRIAN ADVISORY BOARD REGARDING SIGNS AT THE ENTRANCEWAYS
AND THE LANDSCAPE PROTECTION OF THE PINES FROM ALL UNDERGROUND LINES.
Mr.
Hining said these inclusions were acceptable to him and he wanted to be
sure he understood that Resolution B did not require the access to be
built until phase two. Mr. Waldon pointed out that there was one other
difference between Resolutions A and B, noted that Resolution B did not
include in the language the addition of sixteen bike racks.
THE
MOTION WAS AMENDED TO INCLUDE THE SIXTEEN COVERED BIKE RACKS. THE MOTION
WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE YMCA RECREATION
CENTER (Special Use Permit 29..11) (2000-04-10/R-11)
BE
IT RESOLVED by the Council of the Town of Chapel Hill that it finds that
the Special Use Permit Modification application proposed by the Chapel
Hill-Carrboro YMCA, on property identified as Chapel Hill Township Tax
Map 29, Lot 11, if developed according to the plans dated December 1,
1999, 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 Development Ordinance, including all
applicable provisions of Articles 12, 13, and 14, and with all other applicable
regulations, with the modifications listed below;
3. Be located, designed, and
proposed to be operated so as to maintain or enhance the value of contiguous
property; and
4. Conform with the general
plans for the physical development of the Town as embodied in the Development
Ordinance and in the Comprehensive Plan.
BE
IT FURTHER RESOLVED that these findings are conditioned on the following:
Stipulations Specific to the Development
1.
Relationship to the 1975 Special Use Permit: That
this permit supersedes the 1975 Special Use Permit for this development.
2.
Second Vehicular Access: That a second point of
vehicular access be provided, with the design and location along Estes
Drive to be approved by the Town Manager, by grantors of any necessary
easements, and by NCDOT, if applicable.
That the YMCA construct
the new gym facility only as Phase I without requiring second means of
egress. The remainder of the proposed project should be considered Phase
II and require the access to Estes Drive.
3.
That construction begin by April 10, 2002 and be completed
by April 10, 2005.
4.
Land Use Intensity: This Special Use Permit authorizes
the following:
·
Two
buildings, with 55,862 square feet of floor area, for a health and recreation
facility; and
·
A
parking lot of at least 157 spaces.
5. Vehicular
Access Improvement: That a left turn lane be added to the Airport
Road driveway.
6.
Sidewalks: That pedestrian walkways be provided in the following
locations:
·
sidewalks
from Airport Road through the parking lot to the building;
·
sidewalk
along the western and northern sides of the building;
·
sidewalk
along the south side of the parking areas near the northern property line;
and
·
sidewalk
along one side of the new second driveway.
The sidewalks shall be handicap accessible.
7. Bike
Racks: That covered bike racks be provided on site, with the number
and location to be approved by the Town Manager. The bike racks shall
accommodate at least 16 bikes in a covered area.
8.
Parking:
a.
Heavy Duty Pavement: That heavy duty pavement be installed
under the entire refuse service vehicle access route and under the dumpster
pad, with pavement specifications, the location, and configuration to
be approved by the Town Manager. Alternatively, the applicant must add
a note to the plans indicating the Town will not be held responsible for
pavement damage due to public refuse/recycling collection vehicles.
b. Parking
Area Screening: That all parking areas be screened from public road view,
and that screening plans shall be approved by the Town Manager prior to
issuance of a Zoning Compliance Permit.
c.
Parking Lot Design and Construction: That all parking lots
shall be designed and constructed to meet Town standards unless an alternate
design is approved by the Town Manager.
d. Parking
Lot Layout: That the parking lot be redesigned if necessary to accommodate
full width landscape buffers, unless alternative landscape buffers are
approved by the Community Design Commission.
9.
Swimming Pool Drainage: That the drainage from the swimming pool
not be routed to the sanitary sewer system. The drainage plans must be
reviewed and approved by the Town Manager.
10.
Maintenance/Repair of Private Sewer Facilities: That the owner
shall be responsible for maintenance and repair of the private lift station
and force main.
11.
Relocation of Water Line or Dumpster Area: That the water line
or the dumpster area be relocated so that they no longer overlap.
12.
Utility Easements as Related to Landscape Buffers: That all utility
easement locations be verified and shown on the plans. No landscape buffers
shall overlap the utility easements, unless the utility lines are buried
and landscape easements can be obtained from the appropriate utility companies.
13. Dedication
of Sight Triangle Easements: That sight triangle easements, as required
by NCDOT or the Town, be dedicated prior to the issuance of a Zoning Compliance
Permit.
Stipulations Related to Landscape Elements
14.
Landscape Protection Plan:
A. That a Landscape
Protection Plan be approved by the Town Manager prior to issuance of a
Zoning Compliance Permit. This plan shall include areas of vegetation
to be preserved; the anticipated clearing limit lines; proposed grading;
proposed utility lines a detail of protective fencing; and construction
parking and materials storage/staging areas. The plan shall show the
use of tree protection fencing, unless alternate protection measures are
approved by the Town Manager, between construction and existing vegetation.
B.
That the following existing trees be located on the plans:
·
In
the area between the front parking lot and Airport Road, all trees over
12 inches in diameter; and
·
The
large pine near the interim youth center.
C. That the group
of large pines near the proposed pool addition be retained, and the drainage
lines and all other proposed underground utility lines be relocated to
preserve the pines’ root zones.
15.
Landscape Plan:
A.
That a detailed landscape plan and landscape maintenance
plan be approved by the Town Manager prior to the issuance of a Zoning
Compliance Permit.
B.
Detailed final plans shall include:
·
Demonstration
that parking lot shading and screening requirements will be met;
·
Demonstration
of compliance with the Entranceways Master Landscape Plan.
·
Retention
and/or provision of trees in/around the playground for shade.
C. The following landscape
buffers:
·
Type
“B“ landscape buffer (10 feet minimum width) along the northern property
line;
·
Type
“C“ landscape buffer (20 feet minimum width) along the eastern and southern
property lines;
·
Type
“D“ landscape buffer (30 feet minimum width) along the Airport Road frontage;
and
Alternative
landscape buffers may be substituted along the northern and eastern property
lines if they are approved by the Community Design Commission and Town
Manager.
Stipulations Related to Building Elevations
16. Building
Elevations/Site Lighting: That the detailed building elevations and
lighting plan be approved by the Community Design Commission prior to
issuance of the Zoning Compliance Permit.
Stipulations
Related to Water, Sewer, and Other Utilities
17. Utility/Lighting
Plan Approval: That the final utility/lighting plan be approved by
Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public
Service Company, Time Warner Cable, and the Town Manager prior to issuance
of a Zoning Compliance Permit.
18.
Placement of Utility Lines Underground: That the final plans indicate
that all utility lines, other than three-phase power lines, shall be placed
underground, where possible (e.g., along the eastern property line).
19.
Fire Flow:
A.
That a fire flow report, prepared by a registered professional
engineer, and showing that flows meet the minimum requirements of the
Design Manual, be approved prior to issuance of a Zoning Compliance Permit.
B.
That a fire suppression sprinkler system shall be installed
in the building.
C.
That the fire department connection(s) shall be located
on the west side of the building. The fire hydrant(s) shall be located
within 50 feet of the fire department connections
Miscellaneous
Stipulations
20.
Stormwater Management Plan:
A. That a Stormwater
Management Plan be approved by the Town Manager prior to issuance of a
Zoning Compliance Permit. Based on a 25-year storm, the post-development
stormwater run-off rate should not exceed the pre-development rate. The
plan must show how stormwater detention for this site will be achieved.
B. Design
and construction of any stormwater management facility shall be approved
by the Town Manager.
C. That
the applicant show pertinent off-site drainage features.
D. If
stormwater detention is required in the easternmost parking lot, that
the owner shall install bio-retention pond(s) in this location.
21.
Transportation Management Plan: That a Transportation Management
Plan be approved by the Town Manager prior to issuance of a Zoning Compliance
Permit. This plan shall be updated and approved annually by the Town
Manager. The required components of the Transportation Management Plan
shall include:
- Provision
for designation of a Transportation Coordinator;
- Provisions
for an annual Transportation Survey and Annual Report to the Town
Manager;
- Quantifiable
traffic reduction goals and objectives;
- Ridesharing
incentives; and
- Public
transit incentives.
22.
Solid Waste Management Plan: That a detailed solid waste management
plan, including a recycling plan and a plan for managing construction
debris, be approved by the Town Manager prior to the issuance of a Zoning
Compliance Permit. Provision shall be made for an additional dumpster
(for cardboard recycling) and for at least 9 rollout carts for recyclable
materials, subject to Town Manager approval.
23.
Detailed Plans: That final detailed site plans, grading plans,
utility/lighting plans, stormwater management plans (with hydrologic calculations),
and landscape plans and landscape maintenance plans be approved by the
Town Manager prior to issuance of a Zoning Compliance Permit, and that
such plans conform to the plans approved by this application and demonstrate
compliance with all applicable conditions and the design standards of
the Development Ordinance and the Design Manual.
24. Erosion
Control: That a detailed soil erosion and sedimentation control plan,
including provision for maintenance of facilities and modifications of
the plan if necessary, be approved by the Orange County Erosion Control
Officer and the Town Manager prior to issuance of a Zoning Compliance
Permit.
25. Silt
Control: That the applicant take appropriate measures to prevent
and remove the deposit of wet or dry silt on adjacent paved roadways.
26. Construction
Sign Required: That the applicant post a construction sign that lists
the property owner’s representative, with a telephone number, the contractor’s
representative, with a telephone number; and a telephone number for regulatory
information at the time of issuance of a Zoning Compliance Permit. The
construction sign shall be non-illuminated, and may have a maximum of
32 square feet of display area, with a maximum height of 8 feet.
27.
That
the YMCA to construct the new gym facility only as Phase I without requiring
second means of egress. The remainder of the proposed project should
be considered Phase II and require the access to Estes Drive.
28.
That final plans address requirements of the Americans with Disabilities
Act.
29.
That the YMCA Board of Directors have the option of choosing whether the
parking and drive aisles at the rear of the site should be constructed
with pavement, gravel, or alternative porous material.
30.
That two parking spaces be deleted at the rear of the site,
so that the traffic circle may be shifted to the west (outside of the
30 foot Type “C” buffer).
31.
That final plans for this development include warning signs at entrances/exits.
32. Continued
Validity: That continued validity and effectiveness of this approval
is expressly conditioned on the continued compliance with the plans and
conditions listed above
33. Non-severability:
That if any of the above conditions is held to be invalid, approval in
its entirety shall be void.
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that
the Council hereby approves the Special Use Permit Modification application
for the YMCA Recreation Center.
This the 10th day of April,
2000.
Item
7 – Delta Kappa Epsilon Fraternity House Application for Special Use Permit
Planning
Director Roger Waldon discussed the application history and said the staff
continued its recommendation of adoption of Resolution A. He said the
main issue at the hearing was site access road, and the staff, after review,
continued to believe the access recommended was the correct one.
Edwin
Caldwell said he had been working with Delta Kappa Epsilon Fraternity,
and, since there was a meeting planned to present the fraternity to the
members, and it would be nice to have the Special Use Permit (SUP) approved.
He said that members of his family had worked at the fraternity over the
years, and he had a very special feeling for the fraternity and hoped
the Council would give the SUP favorable consideration.
MAYOR
PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC
HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL
MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION
12A.
COUNCIL
MEMBER WARD MOVED TO AMEND THE MOTION TO INCLUDE COVERED AND SECURE BIKE
RACKS, AND FOR THE PRESERVATION OF THE WILLOW OAK TREE, TO ENSURE IF IT
DIED WITHIN 5 YEARS, THE APPLICANT WOULD REPLACE IT WITH A 4” CALIPER
TREE. THE MOVER AND SECONDER AGREED TO THIS AMENDMENT.
Dan
Jewell, of Coulter Jewell and Thames and speaking for the applicant, asked
if the covered bike racks designs would have to be approved by the Historic
District Commission, and if that had ever been done before. Mr. Horton
said it would have to be approved and had never been done before. Mr.
Jewell asked what would happen if the covered bike racks were not approve.
Mr. Horton said he believed it would be a matter of the design of the
bike racks. Mr. Jewell said that would be acceptable to the applicant
and the architect.
Council
Member Bateman asked about a recommendation from the Bicycle and Pedestrian
Advisory Board regarding a pedestrian crossing light at the intersection
of South Columbia and Cameron Streets. She asked what was the difference
between a delayed green light and a red light, adding that this intersection
needed to be studied for pedestrian safety.
Council
Member Ward explained that as pedestrians crossed the intersection, the
green arrow light turned for cars turning left from South Columbia. Mr.
Horton said he thought that the pedestrian button activated a pedestrian
right-of-way. He said the staff would look into the matter and correct
it if it was needed, and it did not need to be written into the Resolution.
Council
Member Brown said she would like to have the staff look into the intersection
and bring back a report to the Council, because the intersection was not
safe for pedestrians.
THE
MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A
RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE DELTA
KAPPA EPSILON FRATERNITY HOUSE (2000-04-10/R-12a)
BE
IT RESOLVED by the Council of the Town of Chapel Hill that it finds that
the Special Use Permit application proposed by Coulter, Jewell and Thames,
P.A., on property identified as Chapel Hill Township Tax Map 86, Block
C, Lot 12, and PIN # 9788-36-6328, if developed according to the site
plan dated February 3, 2000, and conditions listed below, would:
1. Be located, designed, and
proposed to be operated so as to maintain or promote the public health,
safety, and general welfare;
2. Comply with all required
regulations and standards of the Development Ordinance, including all
applicable provisions of Articles 12, 13, and 14, and with all other applicable
regulations;
3. Be located, designed, and
proposed to be operated so as to maintain or enhance the value of contiguous
property; and
4. Conform with the general
plans for the physical development of the Town as embodied in the Development
Ordinance and in the Comprehensive Plan.
BE
IT FURTHER RESOLVED by the Council that it finds, in this particular case,
that the following modifications satisfy public purposes to an equivalent
or greater degree:
1. Modification
of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow
a Floor Area Ratio of .53 for the DKE Fraternity House.
2. Modification
of Subsection 14.12 to allow the existing one-foot buffer on the western
edge of the site and the existing three-foot buffer on the northern edge
of the site.
3. Modification
of Subsection 14.6.6 (a) to allow the existing parking facilities to be
adjacent to the exterior wall of the house (rather than providing a five-foot
landscaped strip).
Said
public purposes being the provision of a development that complies with
the Town’s fire safety codes.
BE
IT FURTHER RESOLVED that the Council hereby approves the application for
a Special Use Permit for the Delta Kappa Epsilon Fraternity House in accordance
with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1.
That construction begin by April 10, 2002 (two years from
the date of Council approval) and be completed by April 10, 2003 (three
years from the date of Council approval).
2.
Land Use Intensity: This Special Use Permit authorizes
a 1,720 square foot addition to the existing Delta Kappa Epsilon Fraternity
House, including interior and exterior renovations; a maximum of 20 on-site
residents; the addition of a new paved terrace in the front lawn area;
the reduction from 25 to 20 parking spaces; and the striping of the parking
lot and drive aisles for one-way only traffic circulation (traffic shall
enter the site on Cameron Avenue, and exit the site on South Columbia
Street).
3.
NCDOT Approval: That any required permits or encroachment
agreements by the North Carolina Department of Transportation be obtained,
and copies of the permits and agreements be submitted to the Town, prior
to the issuance of a Zoning Compliance Permit.
4.
Bicycle Rack(s): That a secured, covered wave-style
bicycle rack(s) be provided on the site to accommodate a minimum of five
(5) bicycles, in a covered, secure area.
Stipulations
Related to Landscape Elements
5.
Landscape Plan Approval: That a detailed Landscape
Plan and Landscape Maintenance Plan shall be approved by the Town Manager
prior to issuance of a Zoning Compliance Permit. This detailed Landscape
Plan shall include supplemental plantings along the property’s southern
and eastern buffers.
6.
Landscape Protection Plan: That a detailed Landscape
Protection Plan shall be approved by the Town Manager prior to issuance
of a Zoning Compliance Permit.
7.
Landscape Bufferyards: That the following landscape
bufferyards shall be provided, and that if any existing vegetation is
to be used to satisfy the buffer requirements, the vegetation shall be
protected by fencing from adjacent construction:
¨
Type
‘A’ landscape bufferyard (minimum width 20 feet) along Cameron Avenue;
and
¨
Type
‘D’ landscape bufferyard (minimum width 40 feet) along South Columbia
Street.
8.
Preservation of Existing Tree: That the existing
12” to 14” willow oak tree located in the tree lawn near the existing
driveway off of Cameron Avenue shall be preserved, if possible. In the
event that this tree cannot be preserved during construction, or dies
within five years of occupancy, a comparable 4” caliper street tree shall
be planted nearby as a replacement, prior to occupancy of the structure.
Stipulations Related to Utilities
9.
Utility/Lighting Plan Approval: That the final utility/lighting
plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power
Company, BellSouth, Public Service Company, and the Town Manager before
issuance of a Zoning Compliance Permit.
Stipulations
Related to Fire Protection/Fire Safety
10.
Fire Flow: That a fire flow report prepared by a
registered professional engineer, showing that flows meet the minimum
requirements of the Design Manual, be approved by the Town Manager prior
to issuance of a Zoning Compliance Permit.
11.
Sprinkler System: That the building shall have a
sprinkler system in accordance with Town Code, which shall be approved
by the Town Manager.
12.
Sprinkler System Connections: That the final location
of the Fire Department sprinkler system connection shall be approved by
the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Stipulations
Related to Refuse and Recycling Collection
13.
Solid Waste Management Plan: That a Solid Waste
Management Plan, including provisions for recycling and for the management
and minimizing of construction debris, shall be approved by the Town Manager
prior to issuance of a Zoning Compliance Permit.
14.
Refuse/Recycling Facilities: That all refuse and
recycling facilities shall be approved by the Town Manager prior to issuance
of a Zoning Compliance Permit.
15.
Heavy-Duty Paving: That the refuse and recycling
collection vehicle access routes shall be paved with all-weather, heavy-duty
pavement; or alternatively, that a Waiver of Liability be provided stating
that the Town shall have not responsibility or liability for any damages
to the existing pavement as a result of servicing refuse/recycling facilities
on the site.
Miscellaneous Stipulations
16.
Stormwater
Management Plan: That a Stormwater Management Plan be approved by
the Town Manager prior to issuance of a Zoning Compliance Permit. Based
on a 25-year storm, the post-development stormwater run-off rate shall
not exceed the pre-development rate.
17.
Historic
District Commission Approval: That the Historic District Commission
shall approve the building elevations and the lighting plan for the site,
prior to the issuance of a Zoning Compliance Permit.
18.
Certificates
of Occupancy: That no Certificates of Occupancy shall be issued until
all required public improvements are complete, and that a note to this
effect shall be placed on the final plat.
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; and no Building Permits for any phase shall be
issued until all public improvements required in previous phases are completed
to a point adjacent to the new phase. A note to this effect shall be
placed on the final plat.
19.
Detailed
Plans: That the final detailed site plan, grading plan, utility/lighting
plans, stormwater management plan (with hydraulic calculations), and landscape
plans shall be approved by the Town Manager prior to issuance of a Zoning
Compliance Permit, and that such plans shall conform to the plans approved
by this application and demonstrate compliance with all applicable conditions
and design standards of the Development Ordinance and Design Manual.
20.
Erosion
Control: That a soil erosion and sedimentation control plan be approved
by the Orange County Erosion Control Officer, and that a copy of the approval
be provided to the Town Manager prior to the issuance of a Zoning Compliance
Permit.
21.
Silt
Control: That the applicant take appropriate measures to prevent
and remove the deposit of wet or dry silt on adjacent paved roadways.
22.
Construction
Sign Required: That the applicant post a construction sign that lists
the property owner’s representative, with a telephone number; the contractor’s
representative, with a telephone number; and a telephone number for regulatory
information at the time of issuance of a Zoning Compliance Permit. The
construction sign may have a maximum of 16 square feet of display area
and may not exceed 6 feet in height. The sign shall be non-illuminated,
and shall consist of light letters on a dark background.
23.
Continued
Validity: That continued validity and effectiveness of this approval
is expressly conditioned on the continued compliance with the plans and
conditions listed above.
24.
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 by the Council of the Town of Chapel Hill that the
Council hereby approves the application for a Special Use Permit for the
Delta Kappa Epsilon Fraternity House.
This the 10th day
of April, 2000.
COUNCIL
MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ASK THE STAFF
TO STUDY THE INTERSECTION OF SOUTH COLUMBIA STREET AND CAMERON AVENUE
FOR PEDESTRIAN SAFETY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 8 –
Report on Proposed Temporary Weaver Dairy Road Sidewalk
Mr.
Horton said the cost of providing permanent sidewalks along this segment
of Weaver Dairy Road would be approximately $90,000, whether the interim
sidewalk was built or not.
Mayor
Waldorf read a letter from the Chair of the East Chapel High School’s
School Governance Committee, thanking the Council for approving the sidewalk.
MAYOR
PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT THE TOWN BUILD
4,500 FEET OF A MEANDERING SIDEWALK AT THIS LOCATION ON WEAVER DAIRY ROAD.
Council
Member Strom asked about the $180,000 cost, and if the Town was going
to lose the $90,000 invested in the path. Engineering Director George
Small said if the Town spent $180,000 for a temporary sidewalk, the staff
believed that the sidewalk would be replaced by the DOT at no cost to
the Town, and it would cost $90,000 for the Town to build the sidewalk
if it had not been built prior to the DOT work.
Council
Member Strom said the Town would be spending $180,000 to build a meandering
path, not $90,000 to build the sidewalk until the DOT built a permanent
sidewalk after the widening of Weaver Dairy Road. Mr. Horton said the
Town was using $180,000 to build the sidewalk. Mr. Small added that the
ending cost to the Town would be $90,000.
Council
Member Strom said the Town would be paying $180,000 to build a meandering
sidewalk, which it planned to tear down in 5 years. Mr. Horton said either
the Town would be paying $180,000 to have a meandering sidewalk for five
years until the State built the permanent sidewalk at an estimated higher
cost, or the Town could choose not to have a sidewalk built now, and then
spend 30% of the estimated cost of the permanent sidewalk to the State
when the widening of the roadway took place, which would be approximately
$90,000.
Council
Member Strom asked about DOT’s schedule for the road widening and sidewalk
installation. Mayor Waldorf said she had met with the DOT this morning
and the right-of-way acquisition would start in 2003, with construction
starting in 2004, to end in 2006. She said she felt it was optimistic
to expect the work to start, if the Town and the DOT could agree, in 2003
and follow the expected plans.
Council
Member Bateman asked if easements had to be acquired for the meandering
sidewalk. Mr. Small said it had been designed to fit within the existing
DOT easements, with one exception, and the owner of that frontage had
agree to give the Town an easement.
Council
Member Wiggins said she supported the sidewalk, but she said she agreed
with Council Member Strom about the $90,000. She said she supported the
sidewalk, however, because it was needed.
Council
Member Strom said he would not support the sidewalk, that there were other
sidewalks needed in the Town, but he would rather spend the assets in
a more permanent way. He said that he did not like the manner in which
the proposal was presented to the Council.
Council
Member Foy said he did not understand, and it seemed that it was spending
an additional $90,000. Mr. Small said the concept was obscure, but ultimately
a sidewalk on Weaver Dairy Road would cost the Town $90,000, 30% of the
cost of DOT to put in a sidewalk five years from now.
Council
Member Foy said if the Town builds it now, it would cost $180,000, and
asked how this would be the same cost. Mr. Small said that when the DOT
replaced the sidewalk with a permanent sidewalk it would cost the Town
nothing, because it was a replacement. He said that meant that there
would be $90,000 to spend somewhere else.
Council
Member Strom said there was $90,000 being thrown away, and that if the
Town waited for five years the sidewalk would cost $90,000 when DOT began
construction. Mr. Horton said the $90,000 was the cost of having the
sidewalk for the next five years.
Council
Member Brown asked about cost overruns in the future, since there was
no guarantee on time completion. Mr. Small said the best estimate they
could make would be that in 2005 it would cost $300,000, as part of the
larger project.
Council
Member Bateman said she would vote for the sidewalk, but it was a vote
of no confidence in DOT and she didn’t believe the work would even be
completed in ten years.
Council
Member Brown asked if there was a question as to whether or not the road
would be built.
Mayor
Waldorf said the DOT and the Town had not agreed on how many lanes the
widening of the road would be. She said there would be some negotiation
between the Town and DOT as to what the road would ultimately become.
Mayor Waldorf said that she did not doubt that the road would be widened
if the Council so wished, but she felt it was optimistic to think it would
happen in 2003-2005. She said she supported the sidewalk being built
now.
Council
Member Brown said everyone on the Council was for the sidewalk, but the
question was, was it the fiscally responsible way to spend the Town’s
sidewalk dollars. She said there had been cooperation from DOT for the
Town’s configuration on Homestead Road and she had hope there would be
some agreement on the Weaver Dairy Road project.
Council
Member Ward asked how wide the sidewalk would be. Mr. Small said if would
be a meandering asphalt path five feet wide which would follow the terrain,
similar to ones on Estes Drive and Airport Road going east, and other
sections of Weaver Dairy Road.
Council
Member Ward asked if it could be made four feet wide. Mr. Small said
that would be possible. Mr. Horton stated that a standard sidewalk was
five feet wide, and if the Town constructed a path less than five feet
wide, then DOT might interpret it as being a path and not a sidewalk,
and not replace it with a permanent sidewalk when Weaver Dairy Road was
widened.
Council
Member Foy said he would be willing to support the cost of the temporary
sidewalk, especially since it was near a school, but he felt everything
should be done to minimize the cost, since it was not to be permanent.
Council
Member Brown asked if there was any way that the Town staff could be used
to build the sidewalk, instead of contracting it out. Mr. Horton said
he did not believe the Town had the resources or the right kind of equipment.
Mr. Karpinos said the Town would not have the legal authority to do it,
since it was too large a project.
Council
Member Bateman suggested the use of recycled asphalt. Mr. Small said
this was a very small project and, typically, recycled asphalt was not
used by small contractors because of the specialized equipment needed.
He said they could investigate. Mr. Horton said it would probably increase
the costs to use the recycled materials because it had to be heated and
reprocessed. He said if the Town changed the sidewalk too much the DOT
could say it was not a sidewalk. Mr. Horton said the key point was the
staff had not done a good job of explaining that there was a cost involved
for use of the sidewalk for five years, and apologized for any confusion.
Mayor
Waldorf added there was also a five-year benefit.
Council
Member Brown asked how wide the sidewalk was on Estes Drive. Mr. Horton
said he did not think it would be recognized as a sidewalk by the DOT,
because the typical sidewalk in the Town was five feet.
THE
MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, MAYOR PRO TEM
PAVĂO, COUNCIL MEMBERS BATEMAN, BROWN, EVANS, FOY, PAVĂO, WARD AND WIGGINS
VOTING AYE, AND COUNCIL MEMBER STROM VOTING NAY.
Item 9 –
Request for Continuation of Public Hearing on Rezoning and Special Use
Permit Application for Providence Glen Condominiums
COUNCIL
MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION
13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
CONTINUING THE PUBLIC HEARINGS FOR A REZONING APPLICATION AND A SPECIAL
USE PERMIT APPLICATION FOR PROVIDENCE GLEN CONDOMINIUMS (2000-04-10/R-13)
WHEREAS,
the Town has received and opened Public Hearings for consideration of
a rezoning application and a Special Use Permit application for the Providence
Glen Condominiums; and
WHEREAS,
the applicant has requested additional time to consider a request of the
Town Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Council hereby approves the request for continuation
of the Rezoning and the Special Use Permit Public Hearings for the Providence
Glen Condominiums to April 24, 2000.
This
the 10th day of April, 2000.
Item 10 –
Presentation by Orange Water and Sewer Authority
Regarding
the Quarry Reservoir
Alan
Rimer, a member of the OWASA Advisory Board, presented a resolution of
appreciation from Orange Water and Sewer Authority (OWASA) to Council
Member Strom, a former member of the OWASA Board.
Dan
Vandemeer, also a member of the OWASA Board, presented an overview of
the request for rezoning to allow OWASA to acquire a very large mined-out
quarry as a holding facility for water. He said the American Stone Company
had requested approval to extend across Bethel-Hickory Grove Church Road,
and eventually, in about 30 years, to join up with a pre-existing abandoned
quarry, which was filled with water and used as an emergency water supply
by OWASA.
Mr.
Vandemeer said when OWASA was created in the 1970s, University Lake was
the only water supply, and over the years various Councils had enacted
conservation legislation because of the lack of a water supply during
the first ten years. Mr. Vandemeer said since then the Cane Creek Reservoir
was built in 1989 and there have been no more mandatory water restrictions
enacted until the summer of 1999, when there was a problem with finishing
and supplying water during the longest drought period of the summer.
He said there was still an adequate water supply, but future needs must
be investigated.
Mr.
Vandemeer said water usage had doubled in the last 15 years. He said
the quarry was tested in 1979 to determine if it would hold water and
had proved to be an excellent storage place, and was acquired by OWASA
for emergency supplies of water. Mr. Vandemeer said in 1990 a four-party
agreement was signed that would allow OWASA, when mining was completed
at the American Stone Company quarry, to acquire the quarry at a relatively
low cost for a repository for water storage. He said the four parties
were the Durham family, who owned the land where the American Stone Company
quarry was located, Nello Teer Construction Company (now out of the agreement),
and OWASA, who would be allowed to purchase the land around the quarry,
and eventually store water in the quarry. Mr. Vandemeer said OWASA was
required to come before public officials and ask for a rezoning requested
by American Stone Company, which would allow them to continue the mine
for 30 years, extend the quarry across the road and hook it up with the
abandoned, existing quarry, and would result in the moving of the road
to another location. He said an environmental impact statement had determined
that there was no environmental impact by the quarry, and a second study
agreed.
Mr.
Vandemeer noted there were families in the area who were concerned about
expanding the quarry for various reasons, including environmental and
nuisance issues. He said a very detailed hydro-geological study was conducted
in 1999 to make sure the quarry would hold water. Mr. Vandemeer said
that, after much study and discussion and investigation, all nine OWASA
board members endorsed the plan and asked for the Council’s support.
Mr.
Rimer said he was on the study group for the Cane Creek Reservoir 33 years
ago. He said water quality was a big issue, because of contaminants,
and OWASA had spent millions of dollars buying land around the Cane Creek
Reservoir to protect that watershed. Mr. Rimer said the State had given
millions more dollars to assist in the effort, through the Clean Water
Act. He said there were other opportunities, namely Jordan Lake and Seven
Mile Creek, but they had the potential of problems later.
Mr.
Rimer said major cities in the United States bought property years ago
to provide water supplies, and they remained untreated and clean. He
said using the quarry to store water was much less expensive than improving
the dams holding the water, and buying more property to protect them.
He said the more stone removed from the quarry the more water storage
capacity there was. Mr. Rimer said it took many years to complete one
of these water storage questions, and suggested that the opportunity to
ensure water for the future was acquiring the quarry now, and asked for
the Council’s support.
Council
Member Strom thanked OWASA for the proclamation, and said the community
was well served by OWASA in its operations.
Erwin
Danziger, neighbor to the quarry, said there was an alternative view to
the quarry expansion, and he requested time equivalent to the time given
to the presenters, to present this alternative at some future Town Council
meeting.
Mayor
Waldorf said his request would be treated as a petition, and the staff
would schedule the time on a future agenda and notify him.
Item 11 –
Consideration of Orange County’s Master Recreation
and Parks
Plan Proposal
Orange
County Commissioner Margaret Brown said that over the past seven years
there had been efforts between Chapel Hill, Carrboro, Hillsborough, and
Orange County to discuss bringing together County-wide recreation and
park issues. She said two reports were developed, but did not establish
a process to enable the entities to jointly work together and meet on
a regularly scheduled basis, to continue the efforts of planning parks
and recreation. Commissioner Brown said one of the resolutions which
came from the work group was to establish this group and keep a momentum
going and for a focus to be established. She said one of the resolutions
before the Council this evening was an Open Facilities Policy, which the
Task Force supported, to keep the facilities open to all citizens of Orange
County. Commissioner Brown said she would like to propose a slightly
different resolution regarding establishing an Inter-Governmental Task
Force, which addressed the concerns brought by the Town staff. She said
she and Commissioner Alice Gordon had been working to put together the
Parks Task Force and the Land Legacy Program.
Orange
County Planner David Stancil explained linkages and partnerships in the
Lands Legacy Program, a land acquisition program, which hopefully would
be tied to federal and State initiatives and grants programs underway.
He said the tie-in between the two groups was strong, with the criteria
for parkland evaluation having been adopted by the Orange County Board
of Commissioners and incorporated into the Lands Legacy Program. Mr.
Stancil said the concept of land banking was a very important one, and
there were a lot of opportunities for cooperation and linking lands and
greenways.
Commissioner
Brown said Mayor pro tem Pavăo had strongly urged the Commissioners to
continue this work, and the County and Chapel Hill had strongly endorsed
the Parks Bonds, which were approved. She said this spring there would
be seven new public recreational fields open and two full parks. Commissioner
Brown noted this could not have been accomplished without the cooperation
of the two governments.
Council
Member Foy asked what resolution or resolutions Commissioner Brown’s proposed
resolution would replace. Commissioner Brown said one issue was addressing
the concerns brought by the Town staff concerning establishing County-wide
standards, so the resolution used the word “perimeters” instead, which
would not establish laws. She said the other issue was that the Task
Force not be an advisory board to anyone, but stand alone and act for
all the parks and recreations committees and staffs, and meet three times
a year to discuss the issues and be creative together.
Council
Member Foy said he would like to see a continuation of the kind of collaborative
effort the Task Force had. Mr. Horton said the resolution was drafted
to be adopted by the County Commissioners. Commissioner Brown said she
was asking the Council to look at the draft resolution as a substitute
for Resolution D.
Council
Member Evans asked about the current deficit of 645 acres, and asked if
the County Commissioners had made an effort to update it. Mr. Stancil
said that the UNC students on campus were included in the population-based
standards used to generate the numbers, and the numbers had been recalculated
to adjust the acreage to 500 acres, and 1,000-1,050 acres in the long
term, which did not include any projected increases in student population.
Council
Member Evans asked what lands were included and how were they measured,
and was there really a deficit for land. Mr. Stancil said the median
of the standards of the three entities, based on population and moderate
populations projections, were used for the calculations. He said there
were deficits in various categories of recreation areas, and those were
based on population standards and population projections for the future.
Council
Member Evans asked if the numbers included OWASA land and park facilities.
Mr. Stancil said that was a primary area of collaboration, but was not
included in the efforts.
Council
Member Evans asked if it included locations such as the Country Club.
Mr. Stancil said the report had two inventories: public and private facilities.
He said the private facilities were not included in the report.
Council
Member Evans asked about the University lands. Mr. Stancil said the University
land available to the public was factored in, but did not include the
Botanical Gardens and Mason Farm Reserve.
Council
Member Strom said attachment A to the Resolution from the County Commissioners
was very comprehensive and if the Council wished, it could adopt Resolution
D along with the attachment, which addressed the issues raised by the
Town staff.
Mayor
Waldorf said that two points in Resolution A were not included in the
resolution from the County, and the Council must be sure that those points
were included in any resolution in order to protect Chapel Hill’s interest
on the broader issues.
Council
Member Strom said he agreed and the reason he was supportive of the Intra-Governmental
Parks Task Force was that it created a forum to advocate for these interests
and to have an open dialogue to protect the governments’ and constituents’
interests. Mr. Horton said he believed the Council could adopt both Resolution
A and Resolution B, and not create any offense against the resolution
from Commissioner Brown. He said he did not see any conflict, and this
would allow the County Commissioners to consider the resolution and make
additional comments.
Council
Member Bateman asked the Council members who had served on the Task Force
if they had talked about equity in availability of recreation facilities.
Council Member Foy said they had discussed these issues and that the governments
needed to talk about sharing the facilities and open space, where all
have equal access, instead of being exclusionary, and equity in financing
these facilities and open spaces throughout the County. He said it would
be a trade-off of different strengths from each entity.
Mayor
pro tem Pavăo said the basis for the discussions had been to get the entities
to be cooperative and collaborative and to pool its resources for the
benefit of the whole County, and ensure that Chapel Hill received its
fair share.
Council
Member Strom said he would like to ask the staff to come back to the Council
with a single, comprehensive resolution which would cover points in Resolution
B and adopt the County’s report.
Council
Member Brown asked how it could be coordinated so all the jurisdictions
could be in agreement, without having to keep rewriting the resolution.
Mr. Horton said it could be done through a work group, because the interests
of the jurisdictions were somewhat different.
Mayor
Waldorf suggested giving the staff the task of writing a resolution that
would include the County’s resolution and the comments from the Council.
Council
Member Strom said the Council would have to give clear instructions to
the representatives to the Task Force.
Council
Member Wiggins asked Commissioner Brown if she thought the Commissioners
would be passing the resolution as it was and if it would be soon. Commissioner
Brown said it was scheduled for the Commissioners’ agenda for the following
Monday night. She suggested that a representative from each of the Boards
meet to put together a resolution that had the same language. Commissioner
Brown said she would be glad to inform the Commissioners of what had been
discussed by the Council this evening.
Council
Member Ward suggested that the Council pass Resolution A and Resolution
B so that the Commissioners could be advised about the feelings of the
Council and to incorporate the Commissioners’ report into them. Commissioner
Brown said the charge to the Task Force did not address specifics, but
rather addressed the over-all picture.
COUNCIL
MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION
14A.
COUNCIL
MEMBER FOY MOVED TO AMEND THE MOTION BY REMOVING THE FIRST BULLET UNDER
THE LAST “BE IT FURTHER RESOLVED,” AND INSERTING ALTERNATE LANGUAGE TO
REFERENCE CONSIDERATION OF A PROPOSED INTRA-GOVERNMENTAL PARKS TASK FORCE
AS DISCUSSED THIS EVENING. THE AMENDMENT WAS ACCEPTED BY THE MOTIONER
AND THE SECONDER. THE AMENDED MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A
RESOLUTION ADOPTING THE JOINT MASTER RECREATION AND PARKS PLAN WORK GROUP
REPORT AS A GENERAL PLANNING DOCUMENT
(2000-04-10/R-14a))
WHEREAS,
the Town of Chapel Hill Council recognizes the importance of inter-jurisdictional
coordination and its importance to the provision of recreation and park
services and facilities within Orange County; and
WHEREAS,
representatives from all governmental jurisdictions in Orange County have
worked toward and developed a report on issues surrounding the provision
of recreation and park services within the County; and
WHEREAS,
this report provides recommendations for the Chapel Hill Town Council
to consider in regard to future improvement of recreation and park services
for the Town; and
WHEREAS,
the Greenways and Parks and Recreation Commissions have reviewed the report
and provided comment to the Council;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that
the Council hereby adopts the Joint Master Recreation and Parks Plan
Work Group Report as a general planning document.
BE
IT FURTHER RESOLVED that the Council of the Town of Chapel Hill hereby
adopts the following recommendations of the report:
·
Adoption
of an Open Facilities Policy
·
Expenditure
of the remaining $2.89 million in Orange County Parks land acquisition
bonds for the purchase of park lands as soon as possible in order to maximize
value of existing funds and options for selection of sites
·
Inter-jurisdictional
work on joint siting, design, and management of school and park sites
across jurisdictions
·
Pursuit
of partnerships with groups such as OWASA and UNC in order to expand parks
and recreation opportunities in the area
·
Pursuit
of opportunities for coordinated expenditures for land acquisition on
a case-by-case basis until such time as the idea for more formalized coordination
of land acquisition funds can be explored
BE
IT FURTHER RESOLVED that the Council recommends to the County that a Working
Committee be established to draft recommendations concerning the following
issues:
·
Consideration
of a proposed Inter-Governmental Task Force.
·
Re-examination
of the issue of adopting County-wide standards
·
Examination
of how to assure equitable distribution of land purchases and facilities
commensurate to contributions
·
Examination
of the level of County funding to the Town’s Parks and Recreation Department
operating budget compared to County’s use of Town programs and facilities
This
the 10th day of April, 2000.
COUNCIL
MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION
14B. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
A
RESOLUTION ADOPTING A STATEMENT SUPPORTING AN OPEN FACILITIES POLICY (2000-04-10/R-14b)
WHEREAS,
the Towns of Carrboro, Chapel Hill, Hillsborough and Orange County have
developed parks and recreation facilities to provide services to citizens
in their jurisdictions; and
WHEREAS,
the location and type of many parks and facilities is such that residents
of adjacent jurisdictions are in close proximity to parks of a different
jurisdiction; and
WHEREAS,
the spirit of inter-jurisdictional coordination and future recreation
programs and facilities has been furthered in recent years with cooperative
ventures between local governments, OWASA and the school systems; and
WHEREAS,
attempting to tie use of recreation facilities to users only of the providing
jurisdictions would hinder community building and inter-local efforts;
NOW,
THEREFORE, BE IT RESOLVED that the elected boards of all local governments
in Orange County be encouraged to adopt this resolution for an Open Facilities
Policy, which would provide that all public recreation facilities constructed
by the member local governments of the County be open to use by all County
and Town citizens,
BE
IT FURTHER RESOLVED that upon adoption of this resolution by the elected
boards of governments in Orange County, the resolution be transmitted
to the Chapel Hill-Carrboro Board of Education and the Board of Directors
of the Orange Water and Sewer Authority, asking their endorsement of the
concept of an Open Facilities Policy,
BE
IT FURTHER RESOLVED that the local governments agree to explore opportunities,
at a later appropriate date, to clarify and explore modification of an
open facilities arrangement with the University of North Carolina at Chapel
Hill and Duke University.
This
the 10th day of April, 2000.
Council
Member Ward suggested including the Eno River State Park and the Triangle
Land Conservancy representatives on the Task Force.
Item 12 –
The People’ Channel Annual Report
Robert Gwyn,
President and Chair of The Peoples Channel Board of Directors, presented
the summary report. He said the studio was built by volunteers and the
Channel was operated 24 hours a day, 7 days a week by two full-time paid
staff. He said the main source of money came from the pass-through fees
collected from cable subscribers. Mr. Gwyn said the model for programming
they would like to follow was one done by volunteers at the Senior Center.
He said there were requests from human services organizations to put their
stories on the Channel, but these were blocked because there was not enough
staff to do this. Mr. Gwyn said they hoped to conduct some fundraising
in order to hire the staff necessary to put these programs on the air.
He said they needed funds for better equipment, and to assist with volunteers.
Mr. Gwyn said The People’s Channel had become a community asset and was
the only channel available based in Chapel Hill.
COUNCIL
MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE THE
REPORT FROM THE PEOPLE’S CHANNEL OF CHAPEL HILL. THE MOTION WAS ADOPTED
UNANIMOUSLY (9-0).
Item 13
– Annexation of Two Areas
Long
Range Planning Coordinator Chris Berndt reviewed the areas under discussion
for annexation, effective June 30, 2000, which would continue the Town
Council’s policy of annexing areas when they qualified under State law
and the Town could practically extend and finance municipal service to
the qualifying areas. Ms. Berndt discussed the two areas and related
issues:
·
Area
1 – Englewood Subdivision off Irwin Road. The staff responded to the
comments made at the public hearing by citizens. The staff recommended
the adoption of Ordinance 2, which would annex this area on June 30, 2000.
·
Area
2 – UNC property in Durham County. The staff responded to the comments
made at the public hearing, one being that the Town of Chapel Hill’s zoning
was not in effect in Durham County, another being that this area was within
the Town’s urban service area and on the Town’s side of the Consent Order
between Chapel Hill and Durham. The staff recommended that the Town’s
Service Report be amended to correct several technical items, which would
be corrected by adoption of Resolution 15, and approve Ordinance 3, which
would annex this area effective June 30, 2000. If the Council approved
annexation of the area it would have to be assigned Chapel Hill zoning.
·
Requested
that the Council call a Public Hearing on Zoning of Annexation Area 2
with the adoption of Resolution 16.
COUNCIL
MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT ORDINANCE
2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN
ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER
THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL
STATUTES OF NORTH CAROLINA (2000-04-10/O-2)
WHEREAS,
all of the prerequisites to adoption of this ordinance prescribed in Part
3, Article 4A, Chapter 160A of the General Statutes of North Carolina,
have been met; and
WHEREAS,
the Council of the Town of Chapel Hill has taken into full consideration
the statements presented at the public hearing held on the 20th day of
March, 2000, on the question of this annexation; and
WHEREAS,
the Council of the Town of Chapel Hill has concluded and hereby declares
that annexation of the area described herein is necessary to the orderly
growth and development of the Town of Chapel Hill;
NOW,
THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as
follows:
SECTION
I
From
and after 11:59 p.m. on the 30th day of June, 2000, the effective date
of this annexation, the following territory shall be annexed to and become
a part of the Town of Chapel Hill, and the corporate limits of the Town
of Chapel Hill shall on said 30th day of June, 2000, be extended to include
said territory more particularly described as follows:
Annexation
Area 1: This area is located northeast of the present Town limits
and includes the Englewood Subdivision and its dedicated open space, and
two individual residential lots along the east side of Erwin Road. This
area is further described as:
All
that certain tract or parcel of land lying, situated and being in Chapel
Hill Township, Orange County, North Carolina, being more particularly
described as follows:
BEGINNING
at a point on the eastern right-of-way of Erwin Road (See P. B. 77 Pg.
77-78 Englewood Subdivision) said point being at the existing corporate
limits line and the northernmost corner of the aforementioned subdivision;
thence from said point of beginning and with the northern property line
of the Englewood tract S 81°00'21" E 975.97 feet; thence
S 13°55'14" W 350.00 feet; thence S 76°01'52"
E 729 feet; thence S 13°58'57" W 600.27 feet; thence
S 37°21’13" W 172.17 feet; thence N 77°12'23"
W 520.58 feet; thence N 77°11'50" W 146.11 feet; thence
N 13°55'33" E 79.99 feet; thence N 77°12'31"
W 944.22 feet; to the eastern right-of-way of Erwin Road on the existing
corporate limit line; thence with the existing corporate limit line in
a northerly direction to the place and point of beginning.
SECTION
II
The
Council of the Town of Chapel Hill does hereby specifically find and declare
that the above described territory meets the requirements of G.S. 160A-48,
in that:
1. The
area is contiguous to the Town limits.
2. Over
one-eighth (12.5%) of the aggregate external boundary of the area under
consideration coincides with the existing Town limits. The boundary of
the total area to be annexed has 5,541 linear feet, of which 1,006 feet
abut the present Town primary corporate limits. Thus, 18% of the boundary
of the annexation area is contiguous to the present Town primary corporate
limits.
3. None
of the area is within the boundary of an incorporated municipality.
4. Recorded
property lines and streets have been used in fixing the proposed municipal
boundaries resulting from this annexation.
5. With
a population density of 2.92 persons/acre, Area 1 qualifies for annexation
as an area developed for urban purposes under G.S. 160A-48(c)(1).
SECTION
III
It
is the purpose and intent of the Town of Chapel Hill to provide services
to the area being annexed under this ordinance, as set forth in the report
of plans for services approved by the Council of the Town of Chapel Hill
on the 31st day of January, 2000, and filed in the office of
the Clerk for public inspection.
Such
services will include:
1. Refuse
collection as described in said report.
2. Maintenance
and repair of any publicly-maintained streets or streets that are built
or improved to Town of Chapel Hill standards for acceptance into the Town-maintained
street system, and other street maintenance services as described in the
report.
3. Police
protection including periodic patrols, crime prevention investigation
of crimes, enforcement of ordinances and statutes and other police services
as described in the report.
4. Fire
protection, including suppression, preventive inspections, and code enforcement
as described in the report.
5. Extension
of water and sewer lines under financing policies of the Orange Water
and Sewer Authority (OWASA) and the Town of Chapel Hill, as described
in the report.
6. Parks
and recreation, library, housing and construction code enforcement, zoning
and planning, public transportation and other services as described more
fully in the report.
SECTION
IV
The
Council of the Town of Chapel Hill does hereby specifically find and declare
that public water trunk lines and sewer outfall lines are already extended
into the annexation area, and no requests for water and sewer extensions
in the annexation area have been received under
G.S.
160A-47, so that no additional extensions of water or sewer extensions
will be necessary under G.S. 160A-47 on the effective date of annexation
prescribed in Section I above. Property owners may have public water
and sewer lines extended within the annexation area in accord with extension
and financing policies of the Orange Water and Sewer Authority (OWASA)
and the Town of Chapel Hill.
SECTION
V
From
and after the effective date of this annexation, the territory annexed
and its citizens and property shall be subject to all debts, laws, ordinances
and regulations in force in the Town of Chapel Hill, and shall be entitled
to the same privileges and benefits as other parts of the Town of Chapel
Hill.
SECTION
VI
The
newly annexed territory described hereinabove shall be subject to the
Town of Chapel Hill taxes according to G.S. 160A-58.10.
SECTION
VII
The
Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed
territory described in Section I hereof, together with a duly certified
copy of this ordinance, to be recorded in the Office of the Register of
Deeds of Orange County, and in the Office of the Secretary of State in
Raleigh. Such a map shall also be delivered to the Orange County Board
of Elections as required by G.S. 163-288.1.
This
is the 10th day of April, 2000.
COUNCIL
MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION
15. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A
RESOLUTION AMENDING PAGE 5, APPENDIX E OF THE REPORT FOR EXTENDING MAJOR
MUNICIPAL SERVICES TO ANNEXATION AREA 2
(2000-04-10/R-15)
WHEREAS,
the Council of the Town of Chapel Hill approved the report setting forth
the plan for extending and financing services to that certain proposed
annexation Area 2 (UNC Staff/Faculty Club) as described in the Council’s
resolution (2000-1-10/R-4); which report was approved by the Council on
January 31, 2000 (2000-1-31/R-10); and
WHEREAS,
in accord with G.S. 160A-49(e), minor changes have been made to page 5,
Appendix E (Estimated Costs and Revenues) of the service report to correctly
reflect the current tax exempt status of this area, the current Franchise
Tax and Sales Tax rates, as well as the Powell Bill Revenue rates;
NOW,
THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that
the Council approves the above described changes to the report for extending
and financing services to that certain proposed annexation Area 2 (UNC
Staff/Faculty Club) which report was approved by the Council on January
31, 2000.
This
is the 10th day of April, 2000.
COUNCIL
MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT ORDINANCE
3.
Aaron
Nelson, speaking for the University, read a letter in opposition to the
annexation.
Council
Member Evans stated that she hoped the Council would not vote in favor
of this annexation, since the University opposed it and the Town would
be working on other issues with the University in the future.
Council
Member Wiggins asked Mr. Horton why this annexation was included and why
it was to the Town’s advantage to annex the property at the present time.
Mr. Horton said there were two reasons:
·
The
Council has asked the staff to bring to its attention locations that qualified
for annexation when they do, and to evaluate whether or not the Town was
in a financial position to proceed with the annexation. As a result in
a change in the annexation laws, the property qualified this year for
the first time.
·
This
area was part of Chapel Hill’s eventual annexation plan area, but was
not covered by Chapel Hill zoning, but covered by Durham County. The
staff believed it was important for the property to be covered by Chapel
Hill zoning requirements.
Mr.
Karpinos explained why the change was made in the annexation laws, as
determined by a court case a few years ago.
Council
Member Foy said it made sense for the annexation to be subject to Chapel
Hill zoning. He said he did not want the University to feel that this
was a hostile move.
Council
Member Brown agreed.
THE
MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, MAYOR PRO TEM
PAVĂO, COUNCIL MEMBERS BATEMAN, BROWN, FOY, STROM, WARD, AND WIGGINS VOTING
AYE, AND COUNCIL MEMBER EVANS VOTING NAY.
AN
ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER
THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL
STATUTES OF NORTH CAROLINA (2000-04-10/O-3)
WHEREAS,
all of the prerequisites to adoption of this ordinance prescribed in Part
3, Article 4A, Chapter 160A of the General Statutes of North Carolina,
have been met; and
WHEREAS,
the Council of the Town of Chapel Hill has taken into full consideration
the statements presented at the public hearing held on the 20th day of
March, 2000, on the question of this annexation; and
WHEREAS,
the Council of the Town of Chapel Hill has concluded and hereby declares
that annexation of the area described herein is necessary to the orderly
growth and development of the Town of Chapel Hill;
NOW,
THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as
follows:
SECTION
I
From
and after 11:59 p.m. on the 30th day of June, 2000, the effective date
of this annexation, the following territory shall be annexed to and become
a part of the Town of Chapel Hill, and the corporate limits of the Town
of Chapel Hill shall on said 30th day of June, 2000, be extended to include
said territory more particularly described as follows:
Annexation Area 2:
This area is located southeast of the present Town limits in Durham
County. This area consists of University of North Carolina property in
Durham County. This area also includes the right-of-way for a 2100-foot
section of Barbee Chapel Road. This land and right-of-way are on Chapel
Hill’s side of the 1986Durham/Chapel Hill Consent Judgment Annexation
Boundary Line, as modified on August 19, 1994. This area is further described
as:
All
that certain tract or parcel of land lying, situated and being in Triangle
Township, Durham County, North Carolina, being more particularly described
as follows:
BEGINNING at a point of the northeastern right-of-way
of Barbee Chapel Hill (SR 1110) at the current Chapel Hill City Limits
Line; said point also being the northwestern most corner of the N/F C.T.
Springs Limited Partnership Property (DB 2270, Pg. 704); thence with the
northeastern right-of-way limits of Barbee Chapel Road (See PB 137, Pg.
149) Durham County Registrars Office) in a southeasterly direction to
a point, said point being the southeastern most corner of the N/F Anne
L. Abernathy lot (DB 230, Pg. 561); thence crossing Barbee Chapel Road
right-of-way in a southwesterly direction to the northeastern most corner
of the N/F UNC Faculty Club Property (DB 372, Pg. 255 and DB 439, Pg.
90) said point also being the northwestern most corner of the N/F Gattis
Property (DB 259, Pg. 131); thence leaving said right-of-way and with
the eastern property line of the UNC tract in a southerly direction (See
DB 1124, Pg. 323-325) to the southeastern most corner of said UNC Property,
said point also begin the northeastern most corner of the N/F Mary Few
Property (DB 146, Pg. 33); thence in a westerly direction with the common
line of the UNC, Few, and N/F Kendrick Estates Investment Corp. Property
(DB 439, Pg. 594-607) (See Tax Map 495 Durham County) to the northwestern
most corner of said Kendrick Property; thence with a new line (not a property
line) again in a westerly direction and being on the same course/bearing
as the previous UNC/Kendrick line to the Orange/Durham County Line; thence
with the county line in a northerly direction to the midpoint of Morgan
Creek, said point being on the existing corporate limit line; thence with
the existing corporate limit line/county line in a northerly direction
to the southern property line of Finley Forest (see PB 40, Pg. 65); thence
with the common line of UNC and the southern property line of aforementioned
Finley Forest Subdivision in a easterly direction to Finley Forest’s southeastern
most corner; thence with the UNC/Finley Forest Line in a northerly direction
to the southern right-of-way of Barbee Chapel Road (See PB 40, Pg 65 Orange
County Registrars Office); thence crossing Barbee Chapel Road right-of-way
in a northeasterly direction to the point and place of the beginning.
SECTION
II
The
Council of the Town of Chapel Hill does hereby specifically find and declare
that the above described territory meets the requirements of G.S. 160A-48,
in that:
1. The
area is contiguous to the Town limits.
2. Over
one-eighth (12.5%) of the aggregate external boundary of the area under
consideration coincides with the existing Town limits. The boundary of
the total area to be annexed has 11,209 linear feet, of which 3,524 feet
abut the present Town primary corporate limits. Thus, 31% of the boundary
of the annexation area is contiguous to the present Town primary corporate
limits.
3. None
of the area is within the boundary of an incorporated municipality.
4. Recorded
property lines and streets have been used in fixing the proposed municipal
boundaries resulting from this annexation.
5. The
tract in the area to be annexed is used for institutional purposes. Therefore,
Area 2 qualifies for annexation as an area developed for urban purposes
under G.S. 160A-48(c)(5).
SECTION III
It
is the purpose and intent of the Town of Chapel Hill to provide services
to the area being annexed under this ordinance, as set forth in the report
of plans for services approved by the Council of the Town of Chapel Hill
on the 31st day of January, 2000, and filed in the office of
the Clerk for public inspection.
Such
services will include:
1. Refuse
collection as described in said report.
2. Maintenance
and repair of any publicly-maintained streets or streets that are built
or improved to Town of Chapel Hill standards for acceptance into the Town-maintained
street system, and other street maintenance services as described in the
report.
3. Police
protection as described in the report.
4. Fire
protection, including suppression, preventive inspections, and code enforcement
as described in the report.
5. Extension
of water and sewer lines under financing policies of the Orange Water
and Sewer Authority (OWASA) and the Town of Chapel Hill, as described
in the report.
6. Parks
and recreation, library, housing and construction code enforcement, zoning
and planning, public transportation and other services as described more
fully in the report.
SECTION
IV
The
Council of the Town of Chapel Hill does hereby specifically find and declare
that public water trunk lines and sewer outfall lines are already extended
into the annexation area, and no requests for water and sewer extensions,
in the annexation area have been received under G.S. 160A-47, so that
no additional extensions of water or sewer extensions will be necessary
under G.S. 160A-47 on the effective date of annexation as prescribed in
Section I above. Property owners may have public water and sewer lines
extended within the annexation area in accord with extension and financing
policies of the Orange Water and Sewer Authority (OWASA) and the Town
of Chapel Hill.
SECTION
V
From
and after the effective date of this annexation, the territory annexed
and its citizens and property shall be subject to all debts, laws, ordinances
and regulations in force in the Town of Chapel Hill, and shall be entitled
to the same privileges and benefits as other parts of the Town of Chapel
Hill.
The
newly annexed territory described hereinabove shall be subject to the
Town of Chapel Hill taxes according to G.S. 160A-58.10.
SECTION
VII
The
Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed
territory described in Section I hereof, together with a duly certified
copy of this ordinance, to be recorded in the Office of the Register of
Deeds of Durham County, and in the Office of the Secretary of State in
Raleigh. Such a map shall also be delivered to the Durham County Board
of Elections as required by G.S. 163-288.1.
This
is the 10th day of April, 2000.
COUNCIL
MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION
16. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A
RESOLUTION CALLING A PUBLIC HEARING ON ZONING OF ANNEXATION
AREA
2: UNC PROPERTY IN DURHAM COUNTY (2000-04-10/R-16)
WHEREAS,
the North Carolina General Assembly has set forth the State's policy that
municipalities are created to provide the governmental services essential
for sound urban development and for the protection of public health, safety
and welfare; and
WHEREAS,
the General Assembly has set forth the policy that municipal boundaries
should be extended to include new urban development; and
WHEREAS,
the Town of Chapel Hill's general policy has been to annex areas when
they qualify under State law and the Town can practically extend and finance
municipal services to the qualifying areas; and
WHEREAS,
the Town of Chapel Hill has adopted an ordinance on April 10, 2000, to
effectively annex Area 2 (UNC Property in Durham County); and
WHEREAS,
the Town of Chapel Hill does not have zoning for Annexation Area 2;
NOW,
THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that
the Council calls a Public Hearing to be held on Monday, June 19, 2000
at 7:00 p.m. in the Council Chamber of the Chapel Hill Town Hall, 306
N. Columbia Street, for the purpose of considering zoning Annexation Area
2 as Office/Institutional-2, or an appropriate related zoning category.
This
is the 10th day of April, 2000.
Item 14 –
Follow-Up Report on Discussion of Mixed housing Ordinance
Mr.
Horton said the key point was that the staff thought they had found a
method to help them discover whether there was an approach that was lawful
under North Carolina statutes to address this issue.
Planning
Director Roger Waldon said the staff’s comments on the concerns raised
at the March 20, 2000 Public Hearing was in the memorandum. He said there
were two Ordinances before the Council at the last discussion: one which
would permanently restrict the size of new houses covered by the ordinance,
and another which would allow expansion of the houses at a later time.
He said the Ordinance before the Council this evening would allow for
subsequent expansion of the houses, one year after being built. Mr. Waldon
said the staff had put forth three options:
1. The
Council could adopt this evening a Mixed Housing ordinance that was considered
at the March 20, Public Hearing.
2. The
Council could ask the Manager to develop a series of additional ideas,
querying experts and municipalities across the State to bring a report
for consideration in June or July.
3. The
Council could direct the Manager to initiate a rezoning process such that
most new developments coming to the Council for consideration would need
to be accompanied by rezoning requests, with direction to arrange for
public hearings on rezonings this fall.
Mr.
Waldon said in order to provide the information on Option 2, the staff
could bring a report in June, if the Council would direct the Manager
to cease work on some of the ongoing tasks that were underway. He said
the staff was taxed, and this task was not inconsiderable.
COUNCIL
MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE
4.
Council
Member Bateman said she and Council Member Brown and a member of the staff
had already investigated whether the small housing zoning had been done
in the State, and whether there were laws governing such zoning. She
said the investigation had come up with no information. Council Member
Bateman said she also would like to the Town do the zoning as well.
Mayor
Waldorf said she had suggested rezoning before.
Council
Member Bateman felt that the Council had gone around and around on this
issue and were now back at the beginning.
Council
Member Brown said she would like to go forward with the Ordinance this
evening.
Council
Member Evans said she had concerns, especially in the legality of rezoning.
She felt that progress had been made with the 15% zoning, and she felt
the Town would do well with that, rather than with an ordinance similar
to the Carrboro ordinance. Council Member Evans said she felt that adoption
of the Ordinance was premature.
Mayor
Waldorf ask Mr. Karpinos if the Council adopted the Ordinance this evening,
would there be any reason why it could not go ahead and adopt Option 3,
the rezoning process. Mr. Karpinos said it would not. He added the
downzoning procedures would be like any other rezoning procedures, but
a reasonable use of the land after rezoning would have to remain.
Mayor
Waldorf asked Mr. Horton if pursuing Option 3 would take the same amount
of staff time as would Option 2. Mr. Horton said it would be scheduled
in the fall so would not have the same affect on staff time.
Council
Member Wiggins said she was disappointed, and she hoped it would be another
step to yield some positive results, and, at the same time, continue to
take other steps.
Council
Member Strom said he was disappointed as well, and he felt it was another
tool for progress and if there were future problems they could be changed,
adjusted or rescinded. He said he would vote for the ordinance.
Council
Member Ward asked if the Council adopted the ordinance would this get
in the way of anything else the Town would be doing, such as the 15% zoning
requirement. Mr. Horton said he did not believe so, added that the 15%
policy would be an overlay on the ordinance.
Mayor
Waldorf pointed out that the 15% was not a policy or requirement, and
in the case of a rezoning application, the Council would not have to make
the 15% a requirement. Mr. Karpinos said rezoning and the ordinance were
not the same, noting that they were two separate issues.
Council
Member Foy asked if a developer did not want to be subject to the ordinance
could they apply for a Special Use Permit. Mr. Karpinos said the ordinance
would not apply if they were not applying for subdivision zoning.
Council
Member Foy asked if neither the Council nor the developer wanted the ordinance
to apply, could they apply for a Special Use Permit for a special use
of the parcel of land. Mr. Karpinos said as long as it was not a planned
development proposal, the ordinance would not apply.
Mayor
Waldorf asked if a developer wanted to rezone would the ordinance prevent
the developer and the Council from other creative usage of the land.
Mr. Karpinos said R-3 conditional zoning required both conditional zoning
and a Special Use Permit, but they were not special use zoning. Mr. Waldon
said multi-family planning would fall under the domain of the ordinance.
Mr. Karpinos said if Ordinance 4 were in place, and a developer wanted
to go from R-1 to R-3 Conditional, the ordinance would apply as part of
any Special Use Permit. Mr. Waldon added that would be if the Special
Use Permit had a residential component to it. He said there was nothing
in the ordinance that directly spoke to the issue of affordability or
cost, and it was the Council’s direction over the last few rezonings to
encourage applicants to voluntarily comply with conditions on the rezoning
that would in effectively constrain price. Mr. Karpinos said there was
nothing in the ordinance which allowed the Council in a Special Use Permit
case to say that the rules did not apply.
Council
Member Bateman asked if language could be inserted to read, “absent other
affordability issues from the applicant…”
Council
Member Wiggins said she liked what Mr. Karpinos had described, that with
the ordinance in place the project would have to contain a certain number
of units that were small, and, as a part of the policy which might be
adopted, the Council might want to address the long-term affordability
during a hearing process.
Council
Member Strom asked if someone seeking relief under §18.7.1 would get the
same type of relief that they were doing now. Mr. Karpinos said it would
not apply to a new development on a raw piece of land, and he was not
aware of anything that would allow that type of waiver.
Council
Member Evans said that the Planning Board had unanimously voted to advise
the Council not to vote for this ordinance, and asked Mr. Waldon if he
could foresee some problems which might occur, which the Council might
not anticipate. Mr. Waldon said it was mentioned in the memorandum that
it was a constraint on the marketplace, and this was imposing a new way
of development in the community, never before imposed, and he would expect
some resistance to the ordinance. He said he would expect developers
to find a way around it. Mr. Waldon said the main concern was about the
unknown and the unintended consequences, and the possibility that, in
order to avoid the ordinance, the developer might break up the property
into smaller pieces.
Council
Member Evans said the developers might choose to develop outside of the
city limits where there was no ordinance of this kind.
Council
Member Brown said change is never easy, and they could continue to ask
questions, but she would like to see the Council go forward with the vote
this evening. She called the question.
THE
MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, MAYOR PRO TEM
PAVĂO, COUNCIL MEMBERS BATEMAN, BROWN, FOY, STROM, WARD, AND WIGGINS VOTING
AYE, AND COUNCIL MEMBER EVANS VOTING NAY.
AN ORDINANCE
AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING RESTRICTIONS
ON THE SIZE OF NEW HOMES IN RESIDENTIAL SUBDIVISIONS AND PLANNED DEVELOPMENT-HOUSING
PROPOSALS (2000-04-10/O-4)
WHEREAS,
the Council of the Town of Chapel Hill has considered the proposed amendment
to the Chapel Hill Development Ordinance to impose restrictions on the
size of new dwelling units in new residential subdivisions, and finds
that the amendments are appropriate due to changed or changing conditions
in a particular area or in the jurisdiction generally and achieve the
purposes of the Comprehensive Plan; and
WHEREAS,
the Town Council seeks to expand opportunities for provision of moderately
priced housing;
NOW,
THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as
follows:
Section 1. Article
13 of the Chapel Hill Development Ordinance is hereby amended by adding
a new Subsection 13.11 to read as follows:
“13.11
Major Subdivision and Planned Development-Housing Floor Area Restrictions
Major Subdivisions and Planned Development-Housing proposals
which create residential building lots shall restrict the floor area of
single- and two-family dwelling units in the following manner:
·
For
a major subdivision or a Planned Development-Housing proposal with 13-20
single-family or two-family residential lots, at least 15% of the dwelling
units shall contain no more than 1,350 square feet of floor area and an
additional 10% of the dwelling units shall contain no more than 1,100
square feet of floor area at the time that the units are initially conveyed.
·
For
a major subdivision or a Planned Development-Housing proposal with 21
single-family or two-family residential lots or more, at least15% of the
dwelling units shall contain no more than 1,100 square feet of floor area
and an additional 10% of the dwelling units shall contain no more than
1,350 square feet of floor area at the time that the units are initially
conveyed.
Each
lot that is large enough for only a single-family dwelling unit or that
is limited by restrictive covenants to development only with a single-family
dwelling unit shall be deemed to house one single-family dwelling unit.
Each lot that is large enough for a two-family dwelling unit or that is
allowed by restrictive covenants to develop with a two-family dwelling
shall be deemed to house two dwelling units. The minimum number of size-limited
units shall then be determined by multiplying the maximum number of dwelling
units permissible within the development proposal as determined herein
by the percentage specified above (resulting fractions shall be dropped).
The subdivision preliminary and final plats and the
Planned Development-Housing proposals minor subdivision plats shall indicate
clearly each lot on which a size-limited unit must be constructed, and
the builder, developer and purchaser shall be bound by the limitation.
No
Zoning Compliance Permit or Building Permit shall be issued for the construction
of any dwelling unit on any lot that has been designated as a lot on which
a size-limited unit must be constructed unless the proposed dwelling conforms
to the limitation of this section. Notwithstanding the foregoing, this
section shall not prevent the purchaser of any size-limited unit, or any
successor to such purchaser, from enlarging the dwelling unit at any time
following one year after the issuance of the initial Certificate of Occupancy
for the unit.
This section shall not apply to any major subdivision
or Planned Development proposal that has been approved by the Town Council
prior to the effective date of this ordinance."
Section
2. That all ordinances and portions of ordinances in conflict herewith
are hereby repealed.
Section
3. That these amendments shall become effective upon adoption.
This
the 10th day of April, 2000.
Mayor
Waldorf said she would like to make a pitch for initiating rezoning, because
she felt that had more potential to get affordable housing than Ordinance
4 would.
COUNCIL
MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO DIRECT THE
MANAGER TO INITIATE A REZONING PROCESS—OPTION 3.
Council
Member Evans asked if a justification for downzoning would be leverage
for the Council to negotiate with the developers. Mr. Karpinos said he
could not predict without a study, but any downzoning had to be applied
to some zone in which the owner still had some reasonable use of the property
after the rezoning. He said the rationale for rezoning would have to
be developed according to each situation.
THE
MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council
Member Wiggins said she appreciated receiving the inventory of planning
projects from the Planning Department, and added she would find it helpful
to have some kind of a chart to indicate at what stage the projects were.
Mr. Horton said he would try to find a way to do this.
Council
Member Bateman asked when the new ordinance would begin, and if it affected
projects under process. Mr. Karpinos said he would have to study where
the various projects were in the process. He added, after consultation
with the Planning Department, that the ordinance would apply to any application
currently in the process, and not yet acted upon. Mr. Karpinos noted
that the Council could change the effective date if it chose to do so.
Item 15 –
Bio-Retention Presentation
Engineering
Director George Small introduced the new Stormwater Management Engineer,
Fred Royal, a native Chapel Hillian, who presented a program on Stormwater
Management. He highlighted the following points:
·
A
comprehensive stormwater management program provides for policy and programs
to service local governments, groups and citizens to reduce flood damage
and to improve water quality utilizing Best Management Practice (BMP).
·
Best
Management Practices for Stormwater Quality Management.
·
Stormwater
Quality BMP’s
·
Bio-retention
(Rain Garden).
·
Bio-retention
use benefits:
·
Low
maintenance, low cost
·
Good
alternative to detention facilities
·
Multifunctional
use of green space
·
Precedence
in Design Guidelines
·
Easy
monitoring for effectiveness
·
Beautification
of urban landscape
·
Design
Features—Stimulates upland terrestrial forest/meadow
·
Percent
removal
·
Pollutant
removal mechanisms
·
Bio-retention
applications
Mr.
Royal displayed several pictures indicating areas utilizing bio-retention
methods.
Council
Member Foy thanked the staff for bringing this issue before the Council,
and he felt it would be an option for every development coming before
the Council.
Item 16 –
Petitions (none)
Item 17 –
Reserved for Discussion of Consent Agenda Items if Necessary
Council
Member Ward, who pulled Item 5a, asked how the staff was addressing the
objective of “clearly identifying to NC 54 drivers that access to Rogerson
Drive and Oakwood Drive is prohibited.” He asked if there were signs
posted. Mr. Small said he hoped that the design would make it clear that
the road was one-way. Mr. Horton said they could put up a second “Do
Not Enter” sign.
COUNCIL
MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADJOURN THE
MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
The
meeting was adjourned at 10:53 p.m.
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