SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
Mayor Rosemary Waldorf called the
meeting to order at
Council members present were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Lee Pavăo, Bill Strom, Jim Ward, and Edith Wiggins.
Staff members present were Town
Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine
Miller, Town Attorney Ralph Karpinos, Assistant to the Manager
Item 1 – Ceremonies: None
Item 2 – Public Forum to Consider a Change in Cablevision
Public Access Fees Paid by Cable Television Subscribers
Assistant to the Manager
Bob Gwyn of The People’s Channel reported on what had happened at the channel over the last year. He said the number of people participating in the programming had increased dramatically, and there were a number of new programs to serve the community. Mr. Gwyn said the rent kept rising, and there was a dramatic increase in the price of gas last winter, as well as a problem with equipment replacement. He thanked the Council for its support.
Jesse Baskir, who had worked in production at The People’s Channel and on many of the programs, said that this service was a resource reaching across a number of different areas. He encouraged the Council’s support.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THIS ITEM TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 3 – Petitions by Citizens and Announcements by Council Members
3a. Petitions by Citizens.
3a(1). Katherine Johnson
Ms. Johnson requested that the Council include road stripes and walk buttons along 15-501 from Southern Village to University campus.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(2). El Pueblo, Inc.: Appreciation to Town of
Mary Lindsley, Cultural Program
Coordinator for El Pueblo, thanked the Council for its support and listed the
various programs held during the year. Carlos
Lopez and Winkie LaForce also thanked the Council for its support. Ms. LaForce described the successful road
race, and said that they raised $25,000 for the El Pueblo Youth Leadership
Forum, and they could not have been successful without the cooperation of the
Town of
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE THE AWARD ON BEHALF OF THE TOWN. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(3). Community Design Commission: Safety of
Weezie Oldenburg, Chair of the Community
Design Commission, described a problem that had been brought to the Committee’s
attention. She said that at the Design
Commission’s September meeting, the Commission conducted a Concept Plan Review
for the Chancellor View Subdivision, proposed to be located between US 15-501
South and
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(4). Dan Coleman
Mr. Coleman read to the Council a
letter he had submitted to UNC Chancellor Moeser on behalf of the Sierra Club
with a statement of Sierra Club principles to help guide UNC expansion. He referred to number 11, Minimize Waste,
which says all demolition and construction activities should maximize the
reduction, reuse and recycling of materials. Mr. Coleman said he included an article from
last Friday’s Durham Herald Sun
describing UNC-Asheville’s efforts to reuse materials from old dormitories
being replaced. He said he requested
that UNC emulate and exceed UNC-Asheville’s efforts. Mr. Coleman said the Sierra Club reiterated
its concerns over the planned destruction of
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO RECEIVE AND REFER THIS PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(5). Phil Post, representing the Curry Family who have applied for a Special Use Permit (SUP) for the Rams Plaza.
Mr. .Post petitioned for expedited review, citing the various reasons that this be approved. He said the constructive suggestions for this application from the Council could be incorporated into it, and it complied with all the regulations and furthered several principles in the Comprehensive Plan.
Mayor Waldorf suggested that the Council grant an expedited review because this was an existing development, and a Mayor’s Committee has worked with the applicant for over a year. She said the negotiations had achieved gains for the community, adding the neighborhoods wanted to have a Food Lion in the development.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO GRANT AN EXPEDITED REVIEW OF THE APPLICATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Foy said this would not bypass any of the regular rules, and he had no problem with an expedited review.
3b. Announcements by
Council members.
3b(1). Council Member
Wiggins announced the distribution of a packet to the Council which accompanied
the announcement of a
3b(2). Council Member Strom announced that on Thursday evening, November 15, the Greene Tract Work Group would hold a public forum, with public comment and discussion. He said there would be a facilitator present, with the purpose of the meeting being to discuss the suggested use of 109 acres of the Greene Tract: open space, recreation, and affordable housing. Council Member Strom said he had a petition to make this a meeting for the Council, but wanted it known that the public was invited to participate.
3b(3). Council Member Strom
announced that on November 20 there will be an open meeting at the Chapel Hill
Public Library at 7:00 p.m., where N.C. Warren, the Waste Awareness and
Reduction Network, will have a community meeting to discuss ways for the
community to take action to reduce risks at Shearon Harris.
Item 4 – Consent Agenda
Council Member Ward removed 4j, Report on Merritt Pasture Vegetation and Vegetation and Maintenance Management Plan, and requested that the Council discuss it at the present time.
Council Member Ward said there were two elements of 4j: Pond and dam maintenance, and gate maintenance and enhancement, which deserved approval along with the rest of the Consent Agenda. He asked that the remaining two elements, pasture restoration and mowing, be withdrawn and sent back to the Merritt Pasture Committee, and he volunteered to talk with the Committee about considering these two elements.
Joe Herzenberg, Chair of the Merritt Pasture Committee, said that Council Member Ward had brought up two very important matters which the Committee had never touched on, and he would appreciate the Council approving Council Member Ward’s suggestions.
Mr. Horton said a separate motion could be made to have the staff continue with work with the gate and pond dam, and withdraw the general item from the agenda.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, THAT TOWN STAFF FOLLOW THROUGH WITH THE GATE MAINTENANCE AND THE POND MAINTENANCE RELATED TO MERRITT PASTURE, AND WITHDRAW THE ITEM FROM THE CONSENT AGENDA.
Council Member Bateman asked Council Member Ward if the two issues raised were only something that a Botanist would understand.
Council Member Ward said that one of the goals of Merritt Pasture Access Committee was to study the variety of uses that the Merritt Pasture might support, from passive recreation to habitat enrichment. He said the mowing schedules fall short of these issues. Council Member Ward said there was also the issue of invasive plant species, an element that was not included in the plans.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Strom removed 4h, Proposed Structure of a Revolving Acquisition Fund.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT R-1 WITH H AND J REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS
AND ORDINANCES (2001-11-12/R-1)
BE
IT RESOLVED by the Council of the Town of
|
a. |
Adoption of Minutes: September 10, 19, 20, 24; October 3, 10 (2 meetings), and 17. |
|
b. |
Resolution Amending the Council Calendar to Include a January 23 Work Session (R-2). |
|
c. |
Proposed Schedule for Amendment to Land Use Plan for Kings Mill/Morgan Creek Area (R-3). |
|
d. |
Deleted. |
|
e. |
Award of Contract to Purchase 17 Fareboxes (R-4). |
|
f. |
Request Regarding Extension of the Joint Planning Agreement (R-5). |
|
g. |
Budget Ordinances for a Design Workshop and Visualization Model for Downtown (R-6); (O-2). |
|
i. |
Request by Town of |
This the 12th day of November, 2001.
A RESOLUTION AMENDING THE COUNCIL MEETING CALENDAR TO INCLUDE A
WHEREAS, the Town Council agreed
on September 24 to schedule a work session in January 2002 to discuss
development in the Northeast section of
WHEREAS, the Council members agreed that the most convenient time and date for the work session is 5:30 p.m. on January 23, 2002, prior to the regularly-scheduled public hearing at 7 p.m.;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends the 2001-2002 meeting calendar to include a work session at 5:30 p.m. on January 23 in the Council Chamber of Town Hall to discuss development in the Northeast section of Chapel Hill.
This the 12th day of November, 2001.
A RESOLUTION ENDORSING A SCHEDULE to amend the Town’s Land Use Plan to designate the Kings Mill/Morgan Creek area a Residential Conservation Area (2001-11-12/R-3)
WHEREAS, the Chapel Hill Town Council received a petition from the Kings Mill/Morgan Creek Neighborhood Association requesting assistance in the planning of their neighborhood; and
WHEREAS, the Kings Mill/Morgan Creek neighborhood is adjacent to the University of North Carolina campus and may be affected by future growth of the University;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of
This the 12th day of November, 2001.
A RESOLUTION AWARDING A
CONTRACT TO GENERAL FAREBOX, INCORPORATED FOR THE PURCHASE OF 17 CENTSABILL
FAREBOXES (2001-11-12/R-4)
WHEREAS, the Council of the Town
of
WHEREAS, the CentsaBill farebox is the only farebox compatible with the hardware and software currently owned by the Town of Chapel Hill’s bus system, and
WHEREAS, the following quotation was received:
17 GFI CentsaBill Farebox $93,755.00
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of
This the 12th day of November, 2001.
A RESOLUTION REQUESTING INITIATION OF A
PROCESS TO AMEND THE JOINT PLANNING AGREEMENT TO EXTEND THE TERMS OF THE
ANNEXATION PROVISIONS (2001-11-12/R-5)
WHEREAS, the Town of Chapel Hill is party to a Joint Planning Agreement with the Town of Carrboro and Orange County to provide a method of coordinated and comprehensive planning for areas that are of general interest to all three jurisdictions; and
WHEREAS, the annexation provisions of said Agreement expire in twenty years, and may thereafter be renewed;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to transmit a request to the Town of Carrboro and Orange County that they consider an amendment to the Joint Planning Agreement to extend the annexation provisions of the Agreement and to hold a joint public hearing; and
BE
IT FURTHER RESOLVED that the Council suggests the parties first hold a joint
discussion at the next Assembly of Governments meeting to explore this
proposal.
This the 12th day of November, 2001
A RESOLUTION AUTHORIZING THE MANAGER TO
CONTRACT FOR SERVICES FOR A DOWNTOWN DESIGN WORKSHOP (2001-11-12/R-6)
WHEREAS, the Chapel Hill Town Council has authorized a process for developing a Downtown Design Workshop and Request for Proposals for the development of Parking Lots 2 and 5; and
WHEREAS, on
WHEREAS,
a computer-generated model would provide a means to encourage and gather
community input on the potential use of Parking Lots 2 and 5 and select
privately owned Downtown parcels; and
WHEREAS,
the model would be used to illustrate the Council’s vision for Parking Lots 2
and 5 in issuing the Request for Proposals; and
WHEREAS,
the model would enhance Planning staff presentations of Downtown development
proposals;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to engage the services of a facilitator for a downtown Design Workshop and contract for the preparation of a computer-generated visualization instrument as generally outlined in the Manager’s memorandum of November 12, 2001.
This the 12th day of November, 2001.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE
RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING
BE IT ORDAINED by the Council of
the Town of
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Planning 1,098,234 38,000 1,136,234
ARTICLE II
REVENUES
GENERAL FUND
Fund Balance 1,631,201 38,000 1,669,201
This the 12th day of November, 2001.
A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE A REPORT ON THE MEMORANDUM OF UNDERSTANDING FOR PUBLIC TRANSPORTATION SERVICES (2001-11-12/R-8)
BE IT RESOLVED by the Council of
the Town of
This the 12th day of November, 2001.
Item 5 – Information Items
Council Member Foy said he wanted to make sure that 5e, Update on Efforts to Reduce Drug Traffic in Northside Neighborhood, was going to be sent to Ms. Jones and the other people who brought the petition to the Council. Mr. Horton said they would be.
Council Member Bateman said that one of the recommendations which the UNC students got in their investigations of the street and with the neighbors concerning the crime element was the question of lighting. She asked if there were any opportunities for lighting in this particular troublesome area. Mr. Horton said the staff could get a follow-up report on that specific question.
Item 6 – Consideration of Percent for Art Program
Ms. Loewenthal pointed out modifications the Manager proposed:
· A shorter potential list of proposed capital projects be included for the program—new buildings, new parks, and new greenways should have a percentage for art included. The Commission has proposed a larger list that would include renovations, sidewalks, roads and bridges. No matter what the program says in its policy it would be up to the Council to make its decision each year as to which project would be included in the program, and at what level of funding.
· How the program is established. The Commission recommends that it be established by ordinance, which would enhance the longevity of the program and would help in securing grants, which is the method in many states.
Ms. Loewenthal said the staff recommended that the Council establish a program for public art according to the policies laid out in the recommended resolutions. She said the staff suggested that, regardless of whether the Council established a policy or ordinance, that the Council adopt the resolution setting up the policies, which would provide clarification.
Renee Piechocki read a response to the staff’s recommendations. She said the Ordinance Committee of the Public Arts Commission met last evening to review the Manager’s recommendation. Ms. Piechocki commented on some of the differences the Commission had with the recommendations:
· The Manager’s recommendation as written in the Agenda item does not include the general public in the design review process.
· Despite stating that the Commission will make a set of decisions, the Manager has final approval of the art’s designs and the installed art work.
· To ask an artist to develop a design proposal before funds are released is unprofessional and unacceptable.
· In the Manager’s resolution the annual public art program is only a shadow of what the Commission proposed. It is the role of the Commission to include its recommendations for project objectives, site, and design approaches.
· The Commission feels that an ordinance is the mark of a professional program and is key to receiving outside funding for the program, and there is a recommendation in the Comprehensive Plan for such an ordinance.
· The Manager’s recommendation stated that it was unclear whether administrative costs would be part of the art program. The Commission does not recommend that a percent for art allocation be spent on anything but art.
· The Manager’s recommendation calls for 1% or another amount for public art, which the Commission hopes is written with the intent of adding more than 1% to the project budgets.
Ms. Piechocki stated that the Commission recommended that the Town Council not accept either the Manager’s recommended policy or ordinance. She said that there were a series of differences not listed in the memorandum, between the Commission and the Manager, and they were key differences. Ms. Piechocki asked the Council to grant the full Commission time to review the Manager’s proposal and develop a comprehensive response for the Council.
Council Member Strom asked how much time was a reasonable time for further study by the Commission. Ms. Piechocki said January or February. Mr. Horton said the staff would appreciate the opportunity to work with the Commission.
Council Member Evans urged the Commission to meet with the staff, and to have a uniform recommendation returned to the Council.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER STROM, TO REFER THIS ISSUE TO THE MANAGER AND STAFF TO WORK WITH THE ARTS COMMISSION, AND FOR THE ARTS COMMISSION TO BRING THE PROPOSAL BACK TO THE COUNCIL WHEN IT WAS READY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 7 – Reconvening Public Hearings on Europa Applications
Planning Director Roger Waldon
reported that this proposal came to the Council on
Mr. Waldon pointed out on a map the areas under discussion. He said the proposal was to carve out one SUP for the existing hotel and another for the proposed new office building. Mr. Waldon said the recommendation was for the Council to approve the modification to split the proposal into three sections. He said the key issues are:
· Splitting the existing SUP into 3 components.
· Modification of Regulations for the Hotel.
· Access between the Hotel and the new office building.
· Parking Lot Configuration for the new office building.
Duane Stewart, representing the applicant, said many modifications had been made over several years through work with staff and advisory boards, and that the applicant asked the Council to approve separation of the SUP into three separate SUPs.
Harvey Krasny, a homeowner in the
neighborhood, said that every addition of high-density hurts in terms of
traffic and noise, especially in this already over-loaded intersection. Mr. Krasny said if the Europa has medical
offices it will generate many more cars than estimated in and out of the area
on a daily basis. He asked the Council
to allow the “
Mac Clark, resident in a
development off
COUNCIL MEMBER STROM MOVED,
SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 11, WITH THE ADDED DATE
OF
Council Member Evans asked if there was a figure for the cost of a traffic study. Mr. Horton said he did not have an estimate. Traffic Engineer Kumar Neppalli said it could cost from $5,000 to $8,000, based on past experience. He said that would be a cost passed on to the applicant.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REQUESTING THAT THE APPLICANT FOR THE HOTEL L’
EUROPA/VILLAGE OFFICE PARK COMPLEX SPECIAL USE PERMIT MODIFICATION AND EUROPA
OFFICE BUILDING SPECIAL USE PERMIT MODIFY THE APPLICATIONS (2001-11-12/R-11)
WHEREAS, on May 14 and June 25, 2001, the Town Council held a Public Hearing on the Europa L’ Hotel Special Use Permit Modification application and the Europa Office Building Special Use Permit application; and
WHEREAS, the Public Hearing on these two items was recessed and
continued to
WHEREAS, the submission of both applications included the a Traffic Impact Statement from 1996; and
WHEREAS, testimony presented during the Public Hearings on both applications included concerns and statement about the current and future traffic conditions at the Europa Drive/Erwin Road/US 15-501 intersection and surrounding area; and
WHEREAS, Council members expressed concerns about the submission of a five year old traffic impact statement;
NOW, THEREFORE BE IT RESOLVED
that the Town Council requests that the applicant for the Hotel L’
Europa/Village Office Park Complex Special Use Permit Modification and the
Europa Office Building Special Use Permit modify the applications and submit a
revised and updated traffic impact statement.
Traffic counts for the updated traffic impact statement should not be
conducted prior to the beginning of the fall 2001 semester at the
BE IT FURTHER RESOLVED that in order for the applicant to revise and
update the traffic impact statement and to allow time for Town staff to review
the information and report back to the Council, the Public Hearings on the two
applications shall be recessed until
This the 12th day of November, 2001.
Item 8 – The
Planning Director Roger Waldon reviewed the application and said the only changes to the Resolution since the Public Hearing on October 17, 2001, was that the Council require a mid-block crosswalk be constructed on West Franklin Street, or if approval cannot be obtained from the NCDOT, that payment-in-lieu be made, and if approval is not obtained in 5 years, that payment will be returned. Mr. Waldon said the staff included more specifics about stormwater management. He said the staff recommended approval of Resolution A.
Josh Gurlitz, for the applicant, thanked the Council for its consideration, and said he would answer any questions.
Council Member Brown asked Mr. Gurlitz to address a question brought up by one of the citizens, about this not being a community place, and she asked him to describe the interior of the hotel. She asked if there would be a lobby for citizens to use to sit. Mr. Gurlitz responded that there will be a lobby, open to the street, and open to citizens to meet, and there will be meeting rooms on the second floor.
Council Member Brown asked the staff what sort of precedent the amount of stories planned for the hotel would set for other developers, who might come in the future and cite this as an example for a taller building. Mr. Waldon said that this proposal met the Town’s requirement for height limits the Council had established through the Development Ordinance. Mr. Waldon said, in terms of precedent, if a developer has an application that meets the Town’s requirements, then the proposal meets the Town’s requirements, not setting a precedent.
Council Member Foy asked if there would be any desire on the part of the applicant to have fewer parking spaces. Mr. Gurlitz said the 66 spaces was the Town’s requirement, and in the Ordinance it was the minimum. He said he did not think the applicant would want to have fewer than 66 parking spaces, which was a working number for this hotel.
Council Member Ward urged the staff and applicant to work beyond some possibilities suggested for stormwater use, and if it was a design which could be incorporated into the building, it would be better for the community. Mr. Gurlitz said the applicant expected to continue to explore the possibilities for stormwater use.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 14a.
Council Member Strom said he liked the project and appreciated the applicant’s thorough presentation. He distributed a statement of public corporate citizenship to the Council and to Mr. Gurlitz from the Orange County Economic Development Commission as an ideal, with ideas of hiring local workers, providing them training, and providing wages and benefits adequate to the well-being and dignity of all workers. He added that he hoped the new hotel would hold to these ideals. Mr. Gurlitz cited Carol Woods as a corporation practicing these ideals.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION
FOR A SPECIAL USE PERMIT FOR THE
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by GGA Architects, Inc., on property identified as Chapel Hill Township Tax Map 86, Block B, Lot 7 (PIN# 9788261416), if developed according to the site plan dated 12/7/2000, and revised on 8/9/2001, and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for The Franklin Hotel in accordance with the plans listed above and with the conditions listed below:
Stipulations
Specific to the Development
1.
That construction begin by
2. Land Use Intensity: This Special Use Permit authorizes construction of a hotel consisting of a total of 51,100 square feet of floor area, specified as follows:
Total # of Buildings: 1
Maximum Floor Area Total: 51,100 s.f.
Maximum # of Lodging Units: 66
Minimum # of Off-Street Parking Spaces: 66
Minimum # of Bicycle Parking Spaces: 7
Minimum Outdoor Space (s.f.): 12,075 s.f.
Minimum Livability Space (s.f.): 10,029 s.f.
Stipulations
Related to Required Improvements
3.
4.
This stipulation shall be void if approval cannot be
obtained within 4 years of the date of Council approval of this Special Use
Permit.
5.
6.
Franklin Street Streetscape: That a streetscape
shall be built on the property’s Franklin Street frontage in the public
right-of-way, with 4 planters that are a minimum of 8 feet x 15 feet each with
trees, a minimum of 3 Town standard benches, and 2 Town standard trash
receptacles to be well integrated with the bus-stop shelter (see Stipulation
#11), to be approved by the Town Manager prior to issuance of a Zoning
Compliance Permit.
7.
8.
9. Parking Spaces: That the applicant shall provide a total of 66 parking spaces, including 4 handicapped spaces.
10. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
11. Bicycle Parking: That the applicant shall provide a total of 7 covered bicycle parking spaces; a minimum of one bicycle space shall be designed to Class I standards and 6 bicycle spaces designed to Class II standards according to the Town Design Manual.
12. Bus Stop Shelter: That the applicant shall provide one bus-stop shelter well integrated with the proposed streetscape infrastructure (see Stipulation #5).
Stipulations
Related to Landscape Elements
13. Landscape
Plan Approval: That a detailed Landscape Plan and Landscape Maintenance
Plan shall be prepared for the site including the plantings proposed for the
perimeter of the proposed building. The plan shall be approved by the Town
Manager prior to issuance of a Zoning Compliance Permit. The planting areas
adjacent to
14. Landscape Protection Plan: That a detailed Landscape Protection Plan be prepared, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes. The plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Protection of Off-Site Tree: That the applicant shall indicate the location of the critical root zone of the large oak on the adjacent Dead Mule Club property along with the location of tree protection fencing at all construction limit lines.
Stipulations
Related to Utilities
16. 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, Time/Warner Cable and the Town Manager before issuance of a Zoning Compliance Permit.
17. Franklin Street Light Fixtures: That the applicant shall reimburse the Town for the cost of installing Town standard street and pedestrian level lighting fixtures along the property’s Franklin Street frontage. The final plans shall show the location of these proposed fixtures to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
18. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans.
19. Franklin
Street Conduit Bank: The applicant shall provide a standard conduit bank
along the
Stipulations
Related to Fire Protection/Fire Safety
20. Fire Flow: That a fire flow report shall be 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.
21. Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager prior to the issuance of a Building Permit.
22. Fire Department Connections: That a fire hydrant shall be installed at the corner of Franklin and Kenan Streets and that fire department connections must be no more than 50 feet from the hydrants and located on street side of buildings in visible, accessible locations, subject to Town Fire Marshall approval.
Stipulations
Related to Refuse and Recycling Collection
23. 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.
24. Private Refuse and Recycling Collection Required: That private refuse and recycling collection shall be required at this site. That a Special Use Permit shall be required to correct the design and configuration of the refuse and recycling area to meet Town of Chapel Hill and Orange County Solid Waste standards.
25. Dimensioned
Details of Refuse and Recycling Collection Facilities: That final plans
indicate dimensioned details of the
26. Pre-construction Conference: That the applicant shall hold a pre-construction conference with Orange County Solid Waste staff prior to any construction activity on the site. A note indicating such shall be included on final plans.
Miscellaneous
Stipulations
27. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations and the lighting plan for the site, prior to the issuance of a Zoning Compliance Permit.
28. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The facility design shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. The engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.
29. Stormwater Best Management Practices: That the applicant shall provide a Best Management Practice (BMP) to treat stormwater runoff, such as a “separator” or an equally effective BMP selected from the most recent edition of the North Carolina Division of Water Quality (NCDWQ) Stormwater BMP Manual, to be approved by the Town Manager.
30. Stormwater Re-use: That the applicant shall investigate the feasibility of a cistern, or comparable Best Management Practice (BMP) system, for the re-use of stormwater runoff (for toilets and irrigation). That a stormwater re-use system design be implemented, if feasible, subject to approval by the Town Manager.
31. 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.
That if the Town Manager approves a phasing plan, no
Certificates of Occupancy shall be issued for a phase until all required public
improvements for that phase are complete; no Building Permits for any phase
shall be issued until all public improvements required in previous phases are
completed to a point adjacent to the new phase, and that a note to this effect
shall be placed on the final plat.
32. Transportation Management Plan: That a Transportation Management Plan shall 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.
33. 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.
34. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, shall 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.
35. Open Burning: That no open burning shall be permitted during the construction of this development.
36. Silt Control: That the applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
37. Construction Sign Required: That the applicant shall 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 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
38. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
39. 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
This the 12th day of November, 2001.
Item 9 – UNC Office
Building Airport
Drive
Application for Special Use Permit
Planning Director Roger Waldon
described the application, which had come before the Council at its
· Revising parking lot design to make the parking lot more “pedestrian friendly,” with inclusion of such features as pedestrian islands, and striped crosswalks.
·
Proposing a pedestrian connection between the
employee walking trails and the proposed public sidewalk on
Mr. Waldon said the staff recommended that those two proposals be included as a condition of approval of Resolution A.
Mike Hammersley, speaking for the applicant, said the applicant was supportive of Resolution A with the exception of #12 on page 17—parking lot landscape island. He said it had already been enlarged.
Barbara Carraher said she had
been a property owner on
Mike Sharp, Ms. Carraher’s son
and a resident of
Council Member Brown asked Mr. Horton what sort of things could be done for safety in the area, aside from a stop sign, to respond to the very real problems that could arise. Mr. Horton said he could ask the Traffic Engineer to comment.
Mr. Neppalli responded that calming
devices could be installed if a problem arises in the future, but the
applicant’s study did not indicate any traffic going through
Council Member Brown asked if there was anything the Council could include in the stipulations which would indicate that this could be addressed in the future depending upon the circumstances. Mr. Horton replied that a stipulation could be included to require the applicant to make a payment-in-lieu of the installation of traffic-calming devices. He said the Council could establish a reasonable amount to be paid to be used for such devices if it proved to be necessary, with the establishment of a time-limit. Mr. Horton suggested a fee of $5,000.
Mr. Hammersley said the applicant would be willing to pay the fee, if it was found that there was a traffic situation after the project was concluded. He said they would be willing to make a payment-in-lieu with a 5-year limit.
Council Member Ward asked if the facility would include shower and locker-room facilities for bicycling commuters. Mr. Hammersley said that was included.
Council Member Ward asked what
kind of left-turn stacking facility there would be for those who wanted to go
from
Council Member Bateman commented that she is on the Board of the Orange County Partnership for Young Children, which gives stipends to children for subsidized daycare. She encouraged the University to use some of its space for daycare for its employees.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER FOY, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mr. Waldon read the language
developed for Resolution 15a. “That a $5,000 payment-in-lieu of traffic-calming
devices on
Council Member Brown asked where the language would go in the Resolution. Mr. Karpinos said it would go in after stipulation #8.
Council Member Foy said that a
citizen commented during the Public Hearing that there were other streets with
concerns about traffic, and he wondered if
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 15a WITH THE LANGUAGE ADDITION, AND THE DELETION OF #12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A
SPECIAL USE PERMIT FOR THE
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit application, as proposed by Ron Strom for the University of North Carolina at Chapel Hill, on property identified as Chapel Hill Township Tax Map 29, part of Lot 1A, if developed according to the site plans dated July 20, 2001, revised September 4, 2001, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations (with the exceptions listed below);
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER
RESOLVED that the Town Council hereby approves the application for the Special
Use Permit for the
Stipulations Specific to the Development
1. That construction begins by
2. Land Use Intensity: This Special Use Permit authorizes construction of 1 office building, consisting of a total of 78,000 square feet of floor area, specified as follows:
· Total # of Buildings: 1
·
Maximum Floor Area Total: 78,000
square feet
·
Maximum # of
Parking Spaces: 211
·
Minimum # of Bicycle Parking Spaces: 22
· Minimum Outdoor Space: 292,261 square feet
· Minimum Livability Space: 216,796 square feet
3. Land Use: That this Special Use Permit authorizes the construction of a three-story structure for University use only.
a) Five-foot wide concrete sidewalk, three foot wide planting strip and curb and gutter along the frontage of the site;
b)
Construction of an exclusive right-turn lane with 100
feet of storage at the
c)
Pavement striping for exclusive right-turn and
left-turn lanes onto
d)
Pavement striping for a double yellow line from
e)
A raised pedestrian crosswalk between the
The design and location of all improvements shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
5. Airport
Drive Right-Of-Way: That the
University seek authorization from the Council of State to dedicate a 50-foot
wide public right-of-way along Airport Drive, between Estes Drive and Airport
Road. In the vicinity of the existing
6. Airport Road Improvements: That prior to occupancy, the applicant construct a five-foot wide concrete sidewalk, with a three-foot wide planting strip, along Airport Road between Airport Drive and Barclay Road, with the typical three-foot grass strip between the sidewalk and back of curb reduced to one-foot where necessary in the vicinity of utility poles, and for the Airport Road frontage between this property and Barclay Road.
7. Pedestrian
Connection to Airport Road: That the final plans shall proposed a
pedestrian connection between the employee walking trails and the proposed
public sidewalk on
8. Traffic
Signal Timing Improvements: That prior to the issuance of a Zoning
Compliance Permit, the applicant shall provide a payment of $5,000.00 for
traffic signal timing improvements at the Airport Road/Estes Drive
intersection, to the Town of
9. Traffic
Calming: That a $5,000 payment in
lieu of traffic calming devices on
10. Bus
Shelter: That prior to occupancy,
the existing bus stop on the south side of
11. Bicycle Parking: That the development comply with the Town’s Design Manual for bicycle parking standards for an office development. The applicant must provide a minimum of parking for 22 bicycles. At least 4 bicycle parking spaces shall have accessibility to a locker, an individually locked enclosure or supervised area within a building providing protection for bicycles therein from theft, vandalism and weather. Shower and locker facilities shall be provided within the new building.
12. Parking Lot Design: That the final plans include a revised parking lot design incorporating “pedestrian friendly” features such as pedestrian islands, and striped crosswalks. The type, location and number of these “pedestrian friendly” features shall be reviewed and approved by the Town Manager.
13. Transportation Management
Plan: That, prior to issuance of a
Zoning Compliance Permit, the applicant shall prepare a Transportation
Management Plan for approval by the Town Manager. The required components of the Transportation
Management Plan shall include:
a) Provision for the designation of a Transportation Coordinator;
b) Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
c) Quantifiable traffic reduction goals and objectives;
d) Ridesharing incentives; and
e) Public transit incentives.
Stipulations
Related to Landscaping and Architecture
14. Required Buffers: That the following landscape bufferyards be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction.
·
Type B landscape bufferyard (minimum width 30
feet) along the northern property line adjacent to
· Type C landscape bufferyard (minimum width 50 feet) along the southern property line between the western edge of the site and the southeast corner of the building;
· Type C landscape bufferyard (minimum width 75 feet) along the southern property line between the southeast corner of the building and the western edge of the University property located in the Residential-2 zoning district;
·
Type C landscape bufferyard (minimum width 130
feet) along the eastern property line not adjacent to
·
Type D landscape bufferyard (minimum width 200
feet) along the eastern property line abutting
The landscape bufferyards shall not include areas
within 15 feet of existing or proposed utilities lines or easements.
15. Employee Nature Trail: That the
applicant may construct a “nature trail” within the area designated as a Type D
landscape bufferyard (minimum width 200 feet) along the eastern property line
abutting
16. Parking Lot Landscaping: That the planting
plan demonstrates compliance with Parking Landscaping Standards of the
Development Ordinance including but not limited to shading and screen
requirements.
17. Parking Lot Plantings: That all parking
lot shade trees used to demonstrate compliance with the 35% parking lot shading
requirement, shall be a minimum of 2” – 2˝“ in caliper when installed.
18. Landscape
Protection Plan: That a Landscape
Protection Plan be approved by the Town Manager prior to issuance of a Zoning
Compliance Permit. The plan shall
include tree protection and/or clearing limit lines for the proposed land
disturbance associated with the stormwater basin at the northwest corner of
19. Planting Plan: That a
detailed Planting Plan, identifying the additional plantings needed to comply
with the Town’s landscape bufferyard requirements along the northern and
southern property lines. That the plan
includes the installation of evergreen shrubs to supplement the retained
vegetation in the northern and southern buffers and a mix of canopy trees in
the parking lot islands. The plan shall
also provide information on whether planting can be incorporated into the
design of the stormwater detention basin at the northwest corner of
20. Landscape Plan Approval: That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
21. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, lighting plans and all proposed alternative landscape bufferyards for the site, prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to the Environment
22. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant submits a Stormwater Management Plan with an engineered stormwater facility. The facility design shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. That the engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.
23. Stormwater Detention Pond: That the stormwater detention facility, to accommodate stormwater run-off from this proposed development, located as proposed by the applicant in the area between the Giles F. Horney Building and Airport Road, be designed and developed in a manner that provides additional landscape bufferyard material to enhance both the foreground and background bufferyard areas adjoining any detention facility.
24. Best Management Practices: That the applicant provided bio-retention or best management practices (BMP’s) features to intercept and treat stormwater runoff from the developed areas. Final design and locations shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the percentage of stormwater runoff from the development site, subject to treatment by best management practice features, shall be reviewed and approved by the Town Manager. BMP’s shall note be located within a required bufferyard area.
25. Erosion Control: That a soil erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and a copy of the approval be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.
26. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulation Related to Utility and Services
27. Utility Lines: That
all overhead utility lines along
28. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by OWASA, Duke Power Company, Public Service Company, BellSouth, and the Town Manager prior to issuance of a Zoning Compliance Permit.
29. 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.
30. Fire Hydrant: That a fire hydrant be located within 50 feet of the automatic sprinkler system connection to this development.
Miscellaneous
Stipulations
31. State
Permits/Agreements: That any required State permits or encroachment
agreements be approved and copies of the approved permits and agreements be
submitted to the Town of
32. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plan, Stormwater Management Plan (with hydraulic calculations), and landscape plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.
33. Construction Sign: That the applicant post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 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.
34. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
35. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER
RESOLVED that the Town Council hereby approves the application for a Special
Use Permit for the
This the 12th day of November, 2001.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE STAFF DRAFT A LETTER EXPRESSING THE REQUEST TO THE COUNCIL THAT THE UNIVERSITY CONSIDER ALLOCATING SOME OF THE SPACE FOR A DAY-CARE CENTER FOR ITS EMPLOYEES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 10 – Eastowne 501
Application for Special Use Permit
Mr. Horton suggested that if the Council wished to wait until after its January Retreat to consider this item, since it also involved traffic questions, it could do so before the presentation.
Planning Director Roger Waldon
reported this application came before the Council in a Public Hearing on
Jim Baker, the applicant, said that they accepted the stipulations set forward in the review process, and they had unanimous approval of all the reviewing bodies and public hearings.
Council Member Bateman encouraged the applicant to set up some space for a daycare center for children of employees.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, 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 16a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A
SPECIAL USE PERMIT FOR EASTOWNE 501
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Post and Associates, Inc. on property identified as Chapel Hill Township Tax Map 26, Lot 17M (PIN #9890715045), if developed according to the site plan dated November 1, 2000, revised April 19, 2001, and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Eastowne 501 Office Building in accordance with the plans listed above and with the conditions listed below:
Stipulations
Specific to the Development
1.
Construction Deadlines: That construction begin by
2. Land Use Intensity: This Special Use Permit authorizes the construction of a 2-story building with 36,709 square feet of floor area. Office-type business is permitted with up to 18,355 square feet of floor area authorized for clinic use.
Stipulations Specific to Transportation
3. Parking: That up to 131 parking spaces shall be permitted on this site with standard parking dimensions, at least 18 of which are to be placed under the building.
4. Bicycle Parking: That a minimum of 14 covered, illuminated and secure parking spaces shall be provided for bicycle parking spaces. Fourteen spaces are required on-site that are covered and lit. Proposed placement is for under the building adjacent to the vehicle parking.
5. Shower and Locker Facilities: That shower and locker facilities shall be provided in the building.
6. Town Standards: That all parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
7. Bus Stop: A bus stop be provided on Old Sterling Drive, just west of the proposed entrance on Providence Road at the northern property line of the site shall be improved with the addition of a standard shelter and concrete pad and seating.
8. 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:
a. Provision for designation of a Transportation Coordinator;
b. Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
c. Quantifiable traffic reduction goals and objectives;
d. Ridesharing incentives; and
e. Public transit incentives
9.
Traffic Signal Payment-in-Lieu: That the applicant provide a proportional payment
in-lieu for installation of a traffic signal at the
Stipulations
Related to Landscape and Architecture
10. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:
11. Landscape Plan: That a detailed Landscape Plan and Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall indicate the location of the sewer line and be consistent with other sheets indicating the sewer location outside of the Resource Conservation District.
12. Planting Strips: That 5-foot wide landscaped planting strip shall be provided between parking areas and the building.
13. Fencing: That the silt/tree protection fence around
the 50-inch poplar critical root zone be adjusted to permit construction of the
masonry retaining wall and that the critical root zone be shown on the final
plans. Similarly, the critical root zone, tree protection fencing, and grade
revisions to reduce injury to the critical root zone of the 26-inch pine tree
at the entrance on
Additionally, Tree Protection fencing and/or silt fencing shall be identified between the bio-retention drainage area that flows into the Resource Conservation District and the existing vegetation that is to remain.
14. Parking Lot Shading: That a Shading Plan be submitted and approved by the Town Manager for the parking areas. The plan shall demonstrate compliance with the Development Ordinance 35% parking lot shading requirement.
15. Invasive Species: The landscape design shall not use any plant materials that are considered invasive species, i.e. Ailanthus altissima and Eleagnus pungens.
16. Retaining Wall: That the design of the keystone, masonry retaining wall shall be adjusted to minimize negative impact to the critical root zone of the 50-inch poplar tree by extending the west side of the proposed wall parallel with the edge of the dumpster pad rather than continuing the arc.
17. Building Elevations: Detailed Building Elevations shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
18. Lighting Plan: We recommend that a detailed Lighting Plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations
Related to Environment
19. Stormwater Management: Maintenance access for the underground stormwater detention structure shall be shown on the plans prior to the issuance of Zoning Compliance Permit.
20.
Stormwater Drainage Easement: All engineered
stormwater detention and treatment structures shall be located within an
easement entitled: “Reserved Storm
Drainageway Easement Hereby Dedicated” and shall be reserved from any
development which would obstruct or constrict the effective conveyance and
control of stormwater from or across the property, other than the approved
design and operation functions.
Unless specifically designated as being “Public” the “Reserved Storm Drainageway Easement” and the facilities they protect are considered to be private, with the sole responsibility of the owner to provide for all required maintenance and operations as approved by the Town Manager.
21. Performance Guarantee: If more than one acre of land is disturbed, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities. This financial guarantee is intended to cover the costs of restoration of failed or railing soil erosion and sedimentation controls, and/or to remedy damages resulting from land-disturbing activities, should the responsible party or parties fail to provide prompt and effective remedies acceptable to the Town.
22. Operations and Maintenance Plans: Operations and Maintenance Plan shall be provided for all engineered structures and all said structures shall be located within a “reserved storm drainage way easement” as located on a plat and recorded at the Orange County Register of Deeds.
23. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on 2 and 50-year storms, the post-development stormwater run-off rate shall not exceed the pre-development rate.
24. Bio-Retention: The proposed bio-retention area shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit
A Planting Plan shall be submitted for the bio-retention area and approved by the Town Manager prior to issuance of Zoning Compliance Permit.
25. Erosion Control: That a detailed soil erosion and
sedimentation control plan, including provision for a maintenance of facilities
and modification of the plan if necessary, be approved by the Orange County
Erosion Control Officer, and that a copy of the approval be provided to the
Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Utility and Service
26. Utility Plan Approval: That the final utility 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.
27. Underground Utilities: That all utility lines, other than 3-phase electric power distribution lines, shall be placed underground.
28. Fire Flow: That a fire flow report prepared by a registered professional engineer be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
That the fire hydrant proposed in the planting island in the upper parking lot be provided within 50 feet of the Fire Department sprinkler system connection.
29. Sprinkler System: That the building shall have a sprinkler system in accordance with Town code, which shall be approved by the Town Manager.
30. 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.
31. Heavy-Duty Paving: That all drive aisles that provide access to the compactors, dumpsters or recycling facilities, be constructed with heavy-duty pavement.
Other Stipulations
32. Open Burning: That no open burning shall be permitted during construction of this development.
33. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning compliance Permit and prior to the start of construction.
34. 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.
35. 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.
36. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
37. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Building Permit. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
38. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
39. 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
This the 12th day of November, 2001.
Item 11 – Sidewalk and Bicycle Facilities Construction Plan for 2001-2002
Planner Than Austin reported that
the Council held a public forum on
Mr. Austin said that Resolution A was the Manager’s Resolution, Resolution B was the recommendation of the Bicycle and Pedestrian Advisory Board, and Resolution C was the recommendation of the Transportation Board.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION 17a. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING THE 2001-2002 SIDEWALK AND BICYCLE FACILITIES
CONSTRUCTION PLAN (2001-11-12/R-17a)
WHEREAS, the Council of the Town of Chapel Hill has placed $150,000 in the Capital Improvements Program for sidewalk and bicycle facility projects in the 2001-2002 fiscal year; and
WHEREAS, the Council will have $100,000 available from the final allocation of 1996 bond funds to be used for sidewalk and bicycle projects during the next fiscal year; and
WHEREAS, the Council has reviewed projects for possible use of these funds.
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of
·
·
· Emily Street/Partin Street (1,185 feet), north side, from Piney Mountain Road to Partin Street/entire west side length of Partin Street (by Town construction crew); and
·
This the 12th day of November, 2001.
Council Member Wiggins commented that she hoped some time in the future the Council can look at the role of the Bicycle and Pedestrian Advisory Board and the Transportation Board. She suggested discussion at the Retreat to consider combining the two boards.
Item 12 – Consideration of 2004-2010 Chapel Hill
Transportation Project Priority List
Transportation Planner David Bonk said that several weeks ago the Council held a public forum to receive public comment and comment from Town advisory boards to develop the Town’s 2004-2010 priority list. He said this is necessary as part of the process that the Metropolitan Planning Organization for the Durham-Chapel Hill-Carrboro urban areas to develop a new Transportation Improvement Program.
Mr. Bonk said a table beginning on page 21, Attachment 3, summarized the comments received from advisory boards and provided information on how these comments have been dealt with in the Manager’s recommendation. He said, in addition, there had been several comments from Council members, and the staff had attempted to respond directly to those questions and comments in the memorandum.
Council Member Bateman asked if
the University’s plan to narrow
Council Member Foy asked how much the update to the Traffic Signal System would cost. Mr. Bonk responded a preliminary estimate was in the $4 to $5 million range for the whole system. He said the first step would be a feasibility study.
Mayor Waldorf added that there had been a request forwarded to NCDOT asking them to pay $100,000 for a feasibility study, and if it were to show that the update was needed the funding, if it went into the TIP, would be 100%. Mr. Horton responded that this was an area where the Town needed to start working now, in order to be able to replace an antique system by the time it was necessary, because every system since this one operates on fiber optics. He said the Town would have greater capacity to regulate the flow of traffic with a new system.
Council Member Evans asked if the two systems could be mixed, copper wire and fiber optics. Mr. Horton said there will always be some copper wire, but the entire system needs to be replaced.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION 18. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING THE
2004-2010 CHAPEL HILL TRANSPORTATION PROJECT PRIORITY LIST (2001-11-12/R-18)
WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has begun the process to develop a 2004-2010 Metropolitan Transportation Improvement Program; and
WHEREAS, the Transportation Advisory Committee will develop a Regional Transportation Priority List for use in developing the Metropolitan Transportation Improvement Program; and
WHEREAS, the Transportation Advisory Committee has requested local governments develop transportation priority lists for use in preparing the Regional Priority List; and
WHEREAS, the Council has received comments from the public on transportation priorities;
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of
1. Transit Capital Projects
2.
3.
4.
5.
6.
7.
8.
9.
Upgrade
10.
11. Bolin Creek Greenway
12. Pope Road-Ephesus Church Road Bikelanes
13. Piney
14. Mt. Carmel Church Road Improvements
15. Dry Creek Greenway
16.
17. Merritt Mill Sidewalks
18. Upper Booker Creek Greenway
19.
20.
21. Bolin Creek/Little Creek Greenway
22. Old
BE IT FURTHER RESOLVED that the
Council continues to strongly support funding for projects included in the
2002-2008 Transportation Improvement Program, including improvements to
BE IT FURTHER RESOLVED that the Council recommends that the Transportation Advisory Committee advise the North Carolina Department of Transportation that the Regional Priority List adopted in February 2002 may be revised upon completion of the 2025 Regional Transportation Plan.
This the 12th day of November, 2001.
Item 13 – Consideration of Exterior Advertising on Town Buses
Transportation Director Mary Lou
Kuschatka presented a report responding to a petition from a Council member
requesting that the Council reconsider the idea of external advertisements on
Town buses. She said she had met with
Keystone Media, Inc. to discuss revenue potential, the agency under contract
with
Mayor pro tem Pavăo asked how much this would net the Town. Ms. Kuschatka said the minimum guarantee over the five-year period would be $148,500 for the whole system, and Chapel Hill’s share would be about 46% over a five-year period—$13, 662 average per year. She said the advantage was the revenue, the disadvantage was the appearance of the buses.
Ms. Kuschatka said one of the
hybrid electric buses was in
Council Member Brown passed photographs of what she referred to as “much nicer appearing advertising” on buses, than those shown by Ms. Kuschatka. She said the Town had a real need of funding for transit needs, and a need to go forward with alternative fuels. Council Member Brown said she hoped the issue would be kept alive for some source of funding, and the Town could have attractive advertising of a limited amount to go toward the entire fleet for alternative fuels. She felt that the Council was not ready to take action on the issue at the present time.
Item 14 – Policy to Encourage Renewable Energy
Planning in Rezoning Applications
Council Member Brown said she believed that energy was an extremely important issue being faced, and she would like the Council to consider this, using the same type of technique used for affordable housing.
Council Member Evans asked why consider a resolution now, when this issue was going to be incorporated into the Development Ordinance, and she felt that was where it belonged. Council Member Brown said the Town needed it now.
Council Member Foy said this was a good idea, but he would like to hear from the staff as to whether this was the right way to approach implementing this goal from the Comprehensive Plan.
Council Member Brown said she had been working with the staff and appreciated the help that Town Attorney Ralph Karpinos had given her on this issue. Mr. Karpinos said he had worked with Council Member Brown, and sought advice from the Planning Director. He said that it would put the Council on record, and if someone came to the Council with a proposal on rezoning, they would know that this would be something the Council expected to see as part of the project.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 20. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION STATING THE COUNCIL’S EXPECTATIONS FOR
MAXIMIZING POTENTIAL FOR ENERGY CONSERVATION AS A COMPONENT OF CONDITIONAL USE
REZONING APPLICATIONS (2001-11-12/R-20)
WHEREAS, Chapel Hill’s Comprehensive Plan contains the following language: “The Town shall encourage site planning, landscaping, and structure design which maximize the potential for energy conservation by reducing the demand for artificial heating, cooling, ventilation, and lighting, and facilitating the use of solar and other energy resources”;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it is the expectation of the Council that applicants seeking approval of conditional use rezoning with accompanying special use permits will demonstrate site planning, landscaping, and structure design which maximize the potential for energy conservation and use of renewable energy by reducing the demand for artificial heating, cooling, ventilation, and lighting, and facilitating the use of solar and other energy resources.
This the 12th day of November, 2001.
Council Member Wiggins commented that the Town might look to the Meadowmont Development, because the whole project had a number of energy-efficient initiatives in the project. She suggested that the Town might ask for a list of all of the things that Meadowmont required as a part of building the houses.
Council Member Brown commented that that was actually in the counts, and energy was one of the requirements put on the Special Use Permits. She said her Resolution was encouraging, also, the use of renewable energy.
Item 15 – Appointments - Transportation Board
No candidate received a majority vote, so no appointment was made. Mayor Waldorf requested that when the ballots were prepared for the next meeting, that only the applicants who received more than one vote be listed. No objection was made by Council members.
Item 16 – Petitions
(1) Mayor Waldorf, regarding a Resolution of Support for a Regional Meeting to Discuss Preparations for Improved Safety.
Mayor Waldorf said this came from a suggestion from Durham Mayor Tennyson, that local governments in the Triangle area encourage all their managers to get together to make sure that the maximum possible coordination is being achieved with regard to emergency response issues. Mayor Waldorf said she believed it was good to have the mayors and the chairs of the county boards attend the initial meeting, and that Triangle J should convene the meeting.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 21. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ENDORSING THE
WHEREAS, the attacks of September 11 have raised awareness of the need for increased security at the local level; and
WHEREAS, there is a need for a plan to deal with events that are larger than any local jurisdiction can control; and
WHEREAS, the U.S. Conference of
Mayors has endorsed a report, “A National Action Plan for Safety and Security
in
WHEREAS, the City of Durham has requested the Council’s support of a regional meeting to report on preparations that can be discussed and to identify ways that local governments can work together for improved safety; and
WHEREAS, the Triangle J Council of Governments has offered to host such a meeting;
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of
This the 12th day of November, 2001.
(2) Council Member Strom, regarding a Resolution Designating the Greene Tract Public Forum as an Official Meeting of the Chapel Hill Town Council.
Council Member Strom said the proposed resolution would declare the Greene Tract meeting on November 15, 2001 at the Southern Human Services Center at 7:00 p.m. be an official meeting of the Chapel Hill Town Council.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 22.
Council Member Evans asked if that was in order that official action could be taken. Council Member Strom said it was not for official action, but so that everybody on the Council could come and participate as a Council member if they chose.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION DESIGNATING THE NOVEMBER 15 GREENE TRACT PUBLIC FORUM AS
AN OFFICIAL MEETING OF THE CHAPEL HILL TOWN COUNCIL (2001-11-12/R-22)
WHEREAS, the Greene Tract
Committee will hold a public forum on November 15 at
WHEREAS, the forum will be a substitute for the Assembly of Governments meeting previously scheduled for October 29;
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of
This the 12th day of November, 2001.
Council Member Bateman asked if the other representative bodies would be in attendance. Council Member Foy said when this was discussed it was left up to each member of the delegation to handle it in his own way, in order for the boards all to understand.
(3) Council Member Brown,
regarding the Report on Town’s Rule-Making Petition before the N.C. Commission
for Health Services on Reuse of Food Containers.
Council Member Brown thanked the Town Attorney, Mr. Karpinos, for working with her on this Resolution. She said she had included the agenda of the Commission in her report. Council Member Brown said this was a collaborative effort between the Town Attorney and information from the Orange County Solid Waste Department. She said the Commission reached a compromise, and they were very interested in waste reduction. Council Member Brown said the Commission adopted a motion denying the petition but requested that the Health Commission’s staff work with the Town’s staff, restaurateurs, and other interested parties to develop a rule to take back to the Commission to help with the issue of waste reduction. She said she hoped that the next Council would be interested in pursuing the issue, along with the interest of one of the Council members.
(4) Council Member Bateman.
Council Member Bateman asked if something could be done to help the families of school children who, while living in public housing units which are being renovated, have to move to another place, and the families are not reimbursed to move back. She said the children are then disrupted from the school they attend and have to attend another school, and cannot return to their original school. She asked the staff for some recommendations to avoid this disruption.
Item 17 – Consent Items Pulled for Discussion
Item h – The Proposed Structure of a Revolving Acquisition Fund, pulled
by Council Member Strom.
Council Member Strom said this was great in that the Town is looking at innovative ways to create additional housing opportunities in the community. He said the language in the Resolution only addressed purchasing opportunities, but not rental opportunities. Council Member Strom said in the future the Town could have not-for-profit agencies purchasing homes or apartments with the intentions of renting them, and he wanted to expand the fund so it could potentially apply to groups that are focusing on rental opportunities. He suggested that it come back at the next Council meeting with expanded language. Mr. Karpinos said the Resolution could go ahead with a footnote that the Council Member is interested in this additional option as well. Mr. Horton said the staff could prepare information about how that might be accomplished and submit it with the other materials.
Mr. Horton read the language, after the words “revolving acquisition loan fund,” insert a comma, and add “including exploration of the use of such a program to preserve rental housing.”
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 7 WITH THE EXTRA LANGUAGE AMENDMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A
RESOLUTION REFERRING A PROPOSED STRUCTURE OF A REVOLVING ACQUISTION LOAN FUND
TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD (2001-11-12/R-7)
WHEREAS,
the Comprehensive Plan adopted by the Council on May 8, 2000, recommends that
the Town establish a “First Option Fund” as a strategy to address the effects
on neighborhoods of the conversion of owner-occupied residences to rental
properties; and
WHEREAS, the following structure of a Revolving Acquisition Loan Fund
is proposed:
Eligible Uses
The Revolving Acquisition Fund could be used by qualified non-profit
organizations to purchase existing properties.
Homebuyer
Eligibility
Properties would be sold to households earning less than 80% of the
median income by household size.
Terms and
Security of Town Funds
The Revolving Acquisition Fund would provide interest-free financing to
qualified non-profit organizations.
Funds would be repaid to the Town upon sale of the property to a
qualified homebuyer within 180 days of purchase.
Buyers would agree to: (1) use the property as their primary residence;
and (2) provide a right of first refusal to the Town or a designated non-profit
agency.
NOW, THEREFORE, BE IT RESOLVED
that the Council of the Town of
This the 12th day of November, 2001.
The meeting was adjourned at