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 Bill Stockard,
Parks and Recreation Director Kathryn Spatz, Finance Director Jim Baker, Police
Chief Gregg Jarvies, Public Works Director Bruce Heflin, Fire Chief Dan Jones,
Planning Director Roger Waldon, Stormwater Engineer Fred Royal, Human Resources
Director Pat Thomas, Transportation Director Mary Lou Kuschatka, Engineering
Director George Small, Public Works Internal Services Superintendent Bill
Terry, Assistant Finance Director Kay Johnson, Principal Planner Rob Wilson,
Traffic Engineer Kumar Neppalli, Senior Long Range Planning Coordinator Chris
Berndt, Development Coordinator J.B. Culpepper, and Town Clerk Joyce Smith.
Mayor Waldorf recognized eight recently retired or retiring employees:
· William Turner – 1992-2001, Transportation
· Bunny Spadaro – 1981-2001, Human Resources
· Myrna Lopez – 1983–2001, Town Clerk’s office
· Betsey Lloyd – 1975–2001, Transportation
· Robert Vaughn – 1970–1/1/02, Public Works
· Tommy Sanford – 1970–1/01/02, Public Works
· Fred Battle – 1970–1/01/02, Parks and Recreation, formerly Public Works
· Pat Thomas –1981–1/01/02, Human Resources Director
Mayor Waldorf read a proclamation
honoring Margaret and George Taylor, who are Civil Rights leaders and members
of the University faculty, and noted that
Mayor Waldorf also read a
proclamation for Art and Kani Hurow, who have served on many boards and committees
of the Town, and noted that
Item 2—Public Hearings: None
3c(1) Mayor Waldorf, regarding a Resolution
Receiving and Acknowledging Chancellor Moeser’s Communication Regarding Fiscal
Equity Issues.
Mayor Waldorf reported she had
been disappointed that the agreements were not more fully responsive to the
community concerns and needs articulated by the Council, and that an agreement
that would be more clearly binding on both parties had not been reached. She added that after a year of discussions,
commitments from the University on a number of key issues had been reached and
it would remain for future Councils to continue this work on behalf of the
community. Mayor Waldorf urged the
Council to formally receive and acknowledge the Chancellor’s
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1.
Council Member Foy agreed that the statement from the Chancellor represented a step in the right direction, but the work needed to continue, and there would be a lot more work to do and this would not be the final version of what needed to be worked out with the University.
Council Member Strom agreed that there was a tremendous amount more in hand than when the Town and University started the process. He urged Mayor-Elect Foy to actively and progressively pursue a continuing dialogue early in the next year. Council Member Strom said he hoped that Mayor-Elect Foy could bring forth a model for the Council to continue to address the issues.
Council Member Wiggins stated that the Board of Trustees does not go along with the Chancellor, but the Chancellor has to go along with the Trustees. She added that no matter what the Town’s Mayor was able to negotiate with the Chancellor, it would always be subject to the Trustees’ review.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION RECEIVING AND
ACKNOWLEDGING CHANCELLOR MOESER’S
WHEREAS, the Town of Chapel Hill and the University of North Carolina at Chapel Hill have engaged in a series of discussions during 2001 about matters of mutual interest; and
WHEREAS, certain agreements between the Town and the University are recorded in stipulations included in the University Development Plan approved by the Town Council in October 2001; and
WHEREAS, University Chancellor
James Moeser has put forward in a communication dated
NOW, THEREFORE, BE IT RESOLVED by
the Town Council of the Town of
This the 26th day of November, 2001.
Mayor Waldorf, referring to Item 4j, Resolution Authorizing Appointment Process for Two Community Representatives to Assist the University in Planning and Programming the Arts Common, said a representative from the University suggested that this be done as soon as possible.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS
AND ORDINANCES (2001-11-26/R-2)
BE
IT RESOLVED by the Council of the Town of
|
a. |
Adoption of Closed Session Minutes. |
|
b. |
Schedule for Considering
Petition to Rezone Parcel at |
|
c. |
Recommended Reclassification of Therapeutic Recreation Specialist Position (O-1). |
|
d. |
Multi-Way Stop Signs at the
Intersection of |
|
e. |
Resolution to Increase Cablevision Public Access Fees by the Amount of the Inflation Factor (R-4). |
|
f. |
Closure of a Segment of |
|
g. |
Closure of a Segment of the |
|
h. |
Authorization for Manager to Approve Change Orders on Fire Station #5 Construction Contract (R-7). |
|
i. |
Resolution Accepting Bid for Self-Contained Breathing Apparatus (R-8) (O-2.1). |
|
j. |
Resolution Authorizing Appointment Process for Two (2) Community Representatives to Assist the University in Planning and Programming the Arts Common (Mayor Waldorf) (R-9). |
|
k. |
Budget Amendment for |
|
l. |
Recommended Amendment to Personnel Ordinance Concerning Time Limits for Employee Grievance Appeals (O-4). |
|
m. |
Ordinance Amendment to Change Language in Town Code from “Personnel” to “Human Resources” (O-5). |
|
n. |
Traffic-Calming Measures for |
|
o. |
Resolution Authorizing Disposition of Surplus Property (R-11). |
|
p. |
Resolution Scheduling a Hearing on Adequate Public Facilities Ordinance for Schools (R-12). |
|
q. |
Deleted. |
|
r. |
Town Annexation Issues: a. Resolution Identifying Areas as Being Under Consideration for Possible Future Annexation (R-13). b. Overview of Areas Under Consideration for Possible Annexation. |
This the 26th day of November, 2001.
A RESOLUTION SCHEDULING A HEARING ON REZONING PETITION (2001-11-26/R-3)
WHEREAS, on October 22, 2002, Mr. Joe Capowski submitted a petition to the Town Council to rezone a parcel at South Columbia Street and Old Pittsboro Road from Office Institutional-3 to Residential-2;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a public hearing for May 20, 2002, at 7 p.m. in the Council Chamber, Town Hall, 306 N. Columbia St., to consider rezoning the 0.8-acre parcel at South Columbia Street and Old Pittsboro Road (Tax Map Number 7.88.H.1) from Office Institutional-3 to Residential-2.
This the 26th day of November, 2001.
AN ORDINANCE AMENDING THE POSITION
CLASSIFICATION AND PAY PLAN DATED
BE IT ORDAINED by the Council of
the Town of
Section I: That the Ordinance Establishing a Position Classification and Pay Plan (2001-8-27/O-4) is amended as follows:
In Section III of the Ordinance in grade 35 add the line “Recreation Specialist – Community Based Therapeutic Recreation”
In Section IV, part C, in the Parks and Recreation Department, DELETE the lines
Full-time Part-time
Position: No. Hrs. No. Hrs. Grade
Recreation Specialist 2 37.5 4 20/25 31-33
and ADD the lines
Recreation Specialist 1 37.5 4 20/25 31-33
Recreation Specialist - Community
Based Therapeutic Recreation 1 37.5 - - 35
This the 26th day of November, 2001
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2001-11-26/O-2)
BE IT
ORDAINED by the Council of the Town of
Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:
“Through Streets Stop Streets
Prestwick RoadHamilton Road”
Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:
“Intersection(s)
Section
3. This ordinance shall become effective
This the
26th day of November, 2001.
A RESOLUTION ADOPTING AN
INFLATION ADJUSTMENT TO THE PUBLIC ACCESS FEE BILLED TO CABLE TELEVISION
CUSTOMERS IN CHAPEL HILL (2001-11-26/R-4)
WHEREAS, on
WHEREAS, a one-cent increase in the public access fee would generate about $1,454 in additional annual funds;
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of
This the 26th day of November, 2001.
A RESOLUTION CLOSING AN
UNIMPROVED SEGMENT OF
WHEREAS, the Town Council on
September 24, 2001 adopted a resolution of intent to consider closing part of
the Hillcrest Road right-of-way, and a public hearing thereon was held on
November 19, 2001; and
WHEREAS, closing this part of the
NOW, THEREFORE, BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby adopts this order
pursuant to the North Carolina G.S. 160A-299, permanently closing approximately
1,000 feet of the unimproved segment of the Hillcrest Road right-of-way as
shown on Orange County Tax Map 7.56, subject to the reservation of blanket
utility and access easements, all of which shall be recorded on a plat to be
provided by the parties requesting the right-of-way closure and approved by the
Chapel Hill Engineering Department.
This the 26th day of
November, 2001.
A RESOLUTION CLOSING A SEGMENT OF THE
WHEREAS,
the Council on October 22, 2001 adopted a resolution of intent to consider
closing part of the Ridgewood Lane right-of-way and a public hearing thereon
was held on November 19, 2001; and
WHEREAS,
closing this part of the
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council hereby adopts this order pursuant to the North Carolina G.S. 160A-299,
permanently closing the northern end of the Ridgewood Lane right-of-way as
shown on Orange County Tax Map 7.48, subject to the reservation of a blanket utility
easement, all of which shall be recorded on a plat to be provided by the party
requesting the right-of-way closure and approved by the Chapel Hill Engineering
Department.
This is the 26th day of
November, 2001
A RESOLUTION AUTHORIZING THE
TOWN MANAGER TO CONTINUE THE CONTRACT WITH RESOLUTE BUILDERS, INC.
(2001-11-26/R-7)
WHEREAS, the Town of Chapel Hill has entered into a contract with Resolute Builders, Inc., as the general contractors of Fire Station #5 for $750,925; and
WHEREAS, during the construction of the Fire Station, change orders totaling $49,906 have been approved by the Town Manager; and
WHEREAS, anticipated change orders will cause the contract to exceed the original contract price by more than $50,000;
NOW, THEREFORE, BE IT RESOLVED BY
THE Council of the Town of
This the 26th day of November, 2001.
WHEREAS, the Town of Chapel Hill has advertised notice of waiver of the formal bid process by legal notice in The Chapel Hill Herald Classifieds on November 15, 2001, in accordance with G.S. 143-129(g) for the purchase of self-contained breathing apparatus; and
WHEREAS, a formal bid competition was held by the City of Concord, N.C. with a bid opening of July 13, 2001 in accordance with G.S. 143-129; and
WHEREAS, Newton’s Fire & Safety, Inc. offers the Town self-contained breathing apparatus at the same price as offered to the City of Concord, N.C.; and
WHEREAS, in addition to federal grant funding, according to the United States Fire Administration, the Town is required to commit matching grant funds of $20,375.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town implements the waiver of formal bid process in accordance with G.S 143-129(g) and accepts the offer to sell of Newton’s Fire & Safety, Inc. in the amount of $203,750.
This the 26th 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
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Fire 4,715,625 203,750 4,919,375
REVENUES
GENERAL FUND
Grants 658,817 183,375 842,192
Fund Balance 1,669,201 20,375 1,689,576
This the 26th day of November, 2001.
A RESOLUTION AUTHORIZING AN APPOINTMENT PROCESS FOR TWO (2) COMMUNITY REPRESENTATIVES TO ASSIST THE UNIVERSITY IN PLANNING AND PROGRAMMING OF THE ARTS COMMON (2001-11-26/R-9)
WHEREAS, the University’s Board of Trustees will soon approve an architect for the Arts Common, which will be located in an area from Franklin Street to Cameron Avenue; and
WHEREAS, the Arts Common will provide expansion of the Ackland Art Museum and new facilities for Music and Communication Studies, as well as underground parking; and
WHEREAS, Chancellor James Moeser has invited the Town Council to designate two community representatives to assist the University in the planning and programming of this space, which will be of vital importance to the Town and University community;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby authorizes an advertisement, application, and appointment process for the Council to name two community representatives to assist the University in the planning and programming of the new Arts Common on campus.
This the 26th 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
Library 1,895,639 7,262 1,902,901
Current Revised
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Grants 658,817 7,262 666,079
This the 26th day of November, 2001.
AN ORDINANCE AMENDING CHAPTER 14 OF THE
CODE OF ORDINANCES TO STANDARDIZE AND CLARIFY TIME PERIODS UNDER THE TOWN’S
PERSONNEL GRIEVANCE PROCEDURES (2001-11-26/O-4)
BE IT ORDAINED by the Council of the Town of
Section 1: Section 14-110 of the
Town Code is hereby revised to read as follows:
Sec. 14-110 Employee Appeal.
Any employee who is disciplined
may appeal the disciplinary action in accordance with the grievance
procedure. An employee who is suspended,
demoted, or terminated for cause as a disciplinary action, or terminate shall
have fifteen (15) fourteen (14)
Section 2: A new Section 14-112.1 is hereby established to read as follows:
“ Sec. 14-112.1 Time.
In computing any period of
time prescribed by Section 14-110 , 14-130
or under this Article, Grievance and Conflict Resolution Procedure, the
day of the act or event after which the designated period of time begins to run
is not to be included. The last day of
the period so computed is to be included unless it is a Saturday, Sunday or official Town holiday (as established
by or under the authority of Sec. 14-68 of the Town Code), in which event the period runs until the end
of the next day which is not a Saturday,
Sunday or official Town holiday. Days shall be considered calendar days
except that any intermediate official Town holidays (as established by or under
the authority of Sec. 14-68 of the Town Code), shall be excluded in the
computation.”
Section 3. Section 14-114 of the Town Code is hereby revised to read as follows:
“Sec. 14‑114 Procedure.
The following steps shall be
followed in all employee grievances. All grievances must be in writing, either
in letter or memo or using a Town of
Previous to the first formal step
of the grievance and conflict resolution procedure, it is required that
employee and supervisor meet to discuss the problem and seek to resolve it
informally. This meeting should be scheduled by the employee considering filing
a grievance with his or her supervisor, within five working seven days of the incident or action
giving rise to the problem. (Ongoing conditions are not subject to this
deadline.)
1. Step 1. If the informal meeting does not resolve the
problem, the employee may file a written grievance within five working seven (7) days of the meeting. Ordinarily, the
supervisor will respond, in writing, within five days of receipt of the written
grievance. In some cases, the supervisor may feel that a second meeting would
be constructive. If so, the supervisor will schedule a meeting with the
employee within five working days of receiving the written grievance, will
thoroughly investigate the matter, and will render a written decision on the
grievance within five days of the meeting.
2. Step 2. If the employee is not satisfied with the
Step 1 decision, the employee may file an appeal with the department head
within five days following receipt of the Step 1 decision. The department head
shall, within 5 seven (7)
days, set a date for a meeting which shall be held within a reasonable
period of time. The meeting is for the purpose of discussing the grievance
fully. The department head will render a written decision on the grievance
within five seven (7) days of the meeting.
3. Step 3. If the Town Manager hears a grievance under Step 3, the Manager will notify the employee if the decision of the Manager may be appealed. Items for which the Manager's decision under Step 3 would be final include:
(a) appeals of adopted Town or departmental policies themselves (allegedly inconsistent or unfair application of a policy could be appealed);
(b) grievances alleging improper position classification or pay ranges; and
(c) grievances from contract employees and from full-time and part-time employees serving their initial probationary period.
4. Step 4. If the Town Manager
elects not to refer the grievance to the Personnel Appeals Committee at Step 3,
and if the grievance may be further appealed, the aggrieved employee may appeal
to the Committee within five working
seven (7) days of receipt of the Step 3 decision, by filing a
Notice of Appeal with the Town Clerk. The procedure set forth in Article XIII
shall then be followed.”
Section 4. Section 14-130 of the Town Code is hereby revised to read as follows:
“ Sec. 14‑130 Procedure and Authority.
The Personnel Appeals Committee
shall, within 10 fourteen
(14) days after the action has been
referred to it, schedule a hearing and shall have all powers necessary to
complete investigation of the action taken, including the power to call and
examine witnesses and papers. The Personnel Director or the Committee may
provide that a grievance hearing, or portion thereof, be conducted in executive
session to the minimum extent necessary to protect the confidentiality of
personnel records and consistent with the N.C. Personnel Records Privacy Act
(N.C.G.S. 160A‑168). Except as authorized above, such hearings shall be
held in public sessions. The Committee may conduct its deliberations in executive
session, and shall do so if necessary to comply with laws. Within ten (10) fourteen
(14)
After receiving the
recommendation of the hearing panel of the Personnel Appeals Committee, the
Town Manager shall investigate the case, consider the recommendation of the
Committee and within ten (10) fourteen (14) days transmit in writing to the employee(s)
and to the Mayor and members of the Council the recommendation of the
Committee, and the Manager's decision, which shall be final. In the event the
recommendation of the Personnel Appeals Committee is not followed, the Manager
shall state in writing the reasons why the recommendation was not followed.”
Section 5. This ordinance shall become effective upon adoption.
This the 26th day of November, 2001.
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF
ORDINANCES TO CHANGE THE WORD “PERSONNEL” TO THE WORDS “HUMAN RESOURCES”
(2001-11-26/O-5)
BE IT ORDAINED by the Council of the Town of
Section 1. Chapter 14 of the Code of Ordinances,
“Personnel Rules and Regulations,” shall hereinafter be entitled “Human
Resources.”
Section 2. References
in Chapter 14 of the Chapel Hill Code of Ordinances to “Personnel” in reference to a function or a
position, such as Personnel Department, Personnel Officer or Personnel
Director, are hereby changed to “Human Resources”.
Section 3. Other
references to personnel in Chapter 14 such as “personnel records” or “Personnel
Appeals Committee” shall not be changed.
Section 4. This
ordinance is effective upon adoption.
This the 26th day of November, 2001.
A
RESOLUTION DIRECTING THE TOWN MANAGER TO IMPLEMENT TRAFFIC CALMING MEASURES ON
MASON FARM ROAD IN CHAPEL HILL (2001-11-26/R-10)
WHEREAS, the Council of the Town of
WHEREAS, the Council has received a report from Town staff and
comments from residents about proposed traffic calming measures on
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of
1) Multi-way stop signs at the following locations:
·
·
2) Two Speed Humps
3) Traffic Control Sign Improvements
BE IT FURTHER RESOLVED that the Council directs the Manager to implement the above traffic calming measures within the next four months, and authorizes use Council’s Contingency Fund to complete the work estimated to cost approximately $6,000.
This the 26th day of November, 2001.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2001-11-26/0-6a)
BE IT
ORDAINED by the Council of the Town of
Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:
“Through Streets Stop Streets
Mason Farm RoadPurefoy Road
Mason Farm RoadOteys Road
Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:
“Intersection(s)
Section
3. This ordinance shall become effective
This the 26th 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
Non-Departmental
Contingency
30,565 6,000
24,565
Engineering 969,148 6,000 975,148
This is the 26th day of November, 2001.
A RESOLUTION DECLARING 2 ITEMS
OF PERSONAL PROPERTY TO BE SURPLUS PROPERTY, AND AUTHORIZING AND DIRECTING THE
DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS
(2001-11-26/R-11)
WHEREAS, Article 23 of N. C.
General Statutes 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
YEAR
MAKE AND MODEL
VIN #
1992 International Rear Loader Garbage Truck 440932
1993 International Rear Loader Garbage Truck 546099
BE IT FURTHER RESOLVED that the
Purchasing Agent of the “Town of
BE IT FURTHER RESOLVED that the
Purchasing Agent is authorized to dispose of any of personal property by sale,
lease, exchange, sealed bid, or transfer to other government unit in conformity
with N. C. General Statute 160A-274.
BE IT FURTHER RESOLVED that the
terms of the sale shall be to the highest bidder for cash, or other forms of
cash equivalents acceptable to the Purchasing Agent. All sales shall be
designated final on the day of the auction.
BE IT FURTHER RESOLVED that all
items shall be sold on an “as is” and “where is” basis and the Town makes no
guarantee or assumes no responsibility for any of the items.
BE IT FURTHER RESOLVED that it
shall be a condition of sale that all items purchased shall be picked up and
removed from the premises of the Municipal Operation Facility by
This the 26th day of
November, 2001.
A RESOLUTION SCHEDULING A
PUBLIC HEARING ON SCHOOLS ADEQUATE PUBLIC FACILITIES ORDINANCE DRAFT PROPOSALS
(2001-11-26/R-12)
WHEREAS the Chapel Hill Town Council has indicated its intent to work with other elected boards in Orange County to develop a Schools Adequate Public Facilities Ordinance; and
WHEREAS a draft Memorandum of Understanding and a model ordinance have been developed for consideration by each elected board.
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of
This the 26th day of November, 2001.
A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (2001-11-26/R-13)
BE IT RESOLVED by the Council
of the Town of
SECTION 1
That pursuant to G.S. 160A-49(i), the following described areas are identified as being under consideration for annexation by the Town of Chapel Hill, under provisions of Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:
Generally, the unincorporated areas between
The above-referenced areas are specifically shaded on the
attached map (“Areas Under Consideration for Future Annexation –
SECTION 2
That pursuant to G.S. 160A-49(i), persons subject to annexation by this Resolution of Consideration are hereby notified of their rights under North Carolina General Statute Subsections 160A-49(f1) and 160A-49(f2).
Subsections 160A-49(f1) and (f2) provide as follows:
(f1) Property Subject to Present-Use Value Appraisal. – If an area described in an annexation ordinance includes agricultural land, horticultural land, or forestland that on the effective date of annexation is:
(1) Land that is being taxed at present-use value pursuant to G.S. 105-277.4; or
(2) Land that:
a. Was on the date of the resolution of intent for annexation being used for actual production and is eligible for present-use value taxation under G.S. 105-277.4, but the land has not been in use for actual production for the required time under G.S. 105-277.3; and
b. The assessor for the county where the land subject to annexation is located has certified to the city that the land meets the requirements of this subdivision
the annexation becomes effective as to that property pursuant to subsection (f2) of this section.
(f2) Effective Date of Annexation for Certain Property. – Annexation of property subject to annexation under subsection (f1) of this section shall become effective:
(1) Upon the effective sate of the annexation ordinance, the property is considered part of the city only (i) for the purpose of establishing city boundaries for additional annexations pursuant to the Article and (ii) for the exercise of city authority pursuant to Article 19 of this Chapter.
(2) For all other purposes, the annexation becomes effective as to each tract of such property or part thereof on the last day of the month in which that tract or part thereof becomes ineligible for classification pursuant to G.S. 105-227.4 or no longer meets the requirements of subdivision (f1)(2) of this section. Until annexation of a tract or a part of a tract becomes effective pursuant to this subdivision, the tract or part of a tract is not subject to taxation by the city under Article 12 of Chapter 105 of the General Statutes nor is the tract or part of a tract entitled to services provided by the city.
SECTION 3
That a copy of this resolution shall be filed with the Town Clerk.
This the 26th day of November, 2001.
Item 5 – Information Items
Council Member Bateman, referring
to Item 5a, Report on Costs of Halloween Event, said she was assuming that the
public forum being held on the event by the Police Department had been duly
announced, and that she hoped that a way around the roadblock could be arranged
for residents in the downtown area. Police Chief Gregg Jarvies said the meeting
was scheduled at the downtown post office, on Wednesday, November 28, at
Mayor Waldorf said the effort to control the Halloween event had been successful and she was sure that the inconveniences could be worked out, adding she was pleased that a forum was planned.
Finance Director Jim Baker introduced Victor Blackburn of the Town’s auditors, McGladrey and Pullen, L.L.P., who presented the Auditor’s Report. Mr. Blackburn said that the Town had received an unqualified opinion on a Financial Statement audit, which was the “cleanest” opinion any audit could receive. He also pointed out that during a single audit for the past year the Town received unqualified opinions and no findings or questions related to the federal and State programs.
Mr. Blackburn pointed out that the governmental revenues, those being the General Fund, the Special Revenue Funds, the Debt Service Fund, and the Capital Projects Funds, increased approximately $2 million over the past year, with the major increase being in the property taxes and some miscellaneous revenues in the contributing Capital Projects Funds. He said property taxes increased approximately $1.2 million, due to a small rate increase during the past year and the addition of an increase in assessed values due to the growth of the Town.
Mr. Blackburn said some fund increases were due to contributions for some parks that the Town was building, and some revenues from land sold for parks. He said that governmental expenditures over the past year increased $5.3 million and the major increases and expenditures were related to capital outlays of $2.1 million, primarily financed by the $4.7 million bond referendum passed last year.
Mr. Blackburn commented that the other significant increases in the expenditures were in the environmental/public safety areas, with an increase of $1.2 million, which were for increases in salaries and the hiring of new employees. He thanked the Town Finance Department for its assistance in the audit.
Council Member Foy asked about sections IX and XIII, investment revenues, and asked if those were separate figures or the same. Mr. Blackburn said on page 9 under Investment Revenues, these were the total revenues received by the Town from all the various funds, and on page 13 were the governmental funds—General Funds, Special Revenue Funds, Capital Projects and Debt Service Fund. He said the total was the total on page 9.
Item 7 – Report of the Stormwater Utility Development and
Implementation Study Committee
James Mergner, Chair of the Study Committee, presented the final report on behalf of the members of the Committee. He thanked the other members of the committee, and staff members Fred Royal and George Small for their work.
History
· Stormwater Committee Report – 1994
· Stormwater Utility Technical Review Committee Report – 1999
· 2000 Comprehensive Plan
· Stormwater Utility Development and Implementation Study Committee – 2000
·
Progress Report
Problems of Watershed Health
· Flooding
· Stream bank erosion
· Sedimentation
· Degraded water quality
· Biological impairment
· Inadequate stormwater infrastructure
Broad Based Participation
·
· Carrboro
·
· OWASA
· University
· Citizens
2000 Comprehensive Plan
· Strategy 9F-1: Improve existing stormwater practices
· Strategy 9F-2: Develop and implement an effective water quality performance review process
· Strategy 8A-3: Preserve open space in residential development
Stormwater Goals
· Reduce non-point source pollutants
· Reduce Flood damages
· Reduce negative impacts to economy and services
· Protect and restore water resources
· Educate the public
· Promote inter-jurisdictional cooperation
· Ensure regulatory compliance
NPDES (National Pollutant Discharge Elimination System) Storm Water Phase II Rule
· Federal Clean Water Act mandate that applies to
·
·
· Carrboro
·
· Implementation over a five year period
· March 2003 permit to NCDWQ required
Conclusions
· The community desires a level of service beyond that required to meet NPDES Phase II
· There are many potential areas of inter-governmental cooperation in stormwater and floodplain management
· Moderate increases in cost will be needed to meet the NPDES Phase II mandates
· There are additional local needs that will require a stable revenue stream
· A detailed analysis of the program level of service and how to proceed is needed
Mr. Mergner continued, adding that the Committee believed that it really needed the assistance of an outside consultant to take the idea and put it in place.
Mr. Mergner noted the Committee recommendations:
· To support and sustain a comprehensive stormwater and floodplain management program:
· Encourage and formalize inter-jurisdictional cooperation
·
Create a
Stormwater Management Work Group
· Monitoring, enforcement and elimination of illegal discharges
·
Public
education
·
Digital flood
mapping and database management
· Sedimentation and erosion control
· Right-of-way and conveyance maintenance
· Capital Improvements
· Permitting
· Isolated drainage problems
· Other existing programs
· Develop a dedicated funding mechanism
· Replace or supplement general fund or bond fund revenues
· Enhance existing programs
· Develop new programs
· Stormwater Advisory Committee
· Public awareness and participation
· Seeking support for program enhancements
Action Plan
· November 2001
· Committee report recommending an approach to stormwater management
· January 2001
· Obtain the services of a professional consultant
·
Establish the
· Summer 2002
· Execute an agreement on inter-jurisdictional cooperation
·
In cooperation with Carrboro,
·
·
Submit the NPDES Storm Water Phase II Permit
application from
Council Member Strom said that he had the opportunity to attend some of the Committee meetings and a good deal of information was discussed, adding the Committee had done a terrific job in assimilating it and coming to some very clear recommendations.
Linda Convissor, representing the University, said that the University had just received the report this afternoon, and it would have to go for wider University review and they would forward comments to the Manager and looked forward to working with the Town.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION THANKING THE STORMWATER UTILITY
DEVELOPMENT AND IMPLEMENTATION STUDY COMMITTEE FOR ITS WORK, AND RECEIVING AND
REFERRING THE COMMITTEE REPORT TO THE MANAGER AND ATTORNEY FOR RECOMMENDATIONS
(2001-11-26/R-14)
WHEREAS, the Council of the Town of Chapel Hill
established a committee to study development and implementation of a local
stormwater utility to serve the Chapel Hill community and possibly adjoining
areas; and
WHEREAS, the Council further charged the committee
to investigate cooperative opportunities for inter-jurisdictional stormwater
management; and
WHEREAS, the committee has completed its work and
has prepared a final report and recommendations for the Council’s
consideration.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Town of Chapel Hill that the Council thanks the following members of the
Stormwater Utility Development and Implementation Committee for their work and
service in preparing the report and recommendations regarding important
stormwater management issues facing Chapel Hill and adjoining areas:
Phil Berke
Paula Gee Davis, P.E.
Ren Ivans
Ed Holland
Mike Hammersley, P.E.
Julie McClintock
James T. Mergner, P.E. (Chair)
Sharon Myers
Judith K. Weseman, P.E.
Roy Williford
Robin Vincent
Al Lindsay
Mia Burroughs
BE IT FURTHER RESOLVED that the Council hereby receives
and refers the Stormwater Utility Development and Implementation study
Committee Final Report to the Manager and Attorney for recommendations
regarding further Council action(s).
This the 26th day of November, 2001.
Item 8 – Follow-Up on Petition to Eliminate Bus Service Within
Residential Area of Southern Village
Transportation Director Mary Lou
Kuschatka said the memorandum was written as a follow-up to the petition,
submitted at the October 22, 2001 Town Council meeting, asking the Council to
eliminate the V Route Transit Service in Southern Village in the residential
area. She said the Southern Village
Master Plan was approved on
Ms. Kuschatka said Southern
Village was an example of a transit-oriented development with moderate and
high-density housing mixed-use land development with retail, daycare center,
elementary school, services and entertainment included. She said that the Town annexed Southern Village
on
Ms. Kuschatka said that one of the resolutions before the Council for possible adoption would leave the route as it is. She said that Option 1 would be to reconfigure the route with service primarily in the village center, and would eliminate the Ľ -mile inclusion of the bus service from the back area of the village.
Council Member Ward asked Ms. Kuschatka to identify the bus-stops on each of the plans, which she did.
Council Member Strom asked if the shaded area on Option 1 counted as Ľ-mile along Route 15-501 and were there any stops there. Ms. Kuschatka said there were no stops until the community was entered. Ms Kuschatka said that Option 2 would reconfigure the bus route taking into consideration some of the concerns of the petitioners.
Council Member Evans said, in
Option 2, routing the bus on
Council Member Evans noted that if the bus route went only down Parkside and back up Brookgreen, it would be closer to the areas where the buses used to run.
Council Member Wiggins asked if the staff had talked at all about the mini-buses. Ms. Kuschatka said they did look at that; those buses seat 15 passengers, and currently there are at least 15 passengers at one time coming out of Southern Village, and upwards of 20 passengers going to Meadowmont, so they would be up to capacity on this route.
Council Member Foy asked what the
frequency currently was. Ms. Kuschatka
said during peak periods the buses were running every 30 minutes, and every
hour in
John Wagner, resident of Southern
Village, said he wanted the bus to be rerouted up to the commercial area, not
the residential area. He asked the
Council to defer consideration until the new administration was in place, and
he did not want the anti-residential bus route people to be considered anti-mass
transit. Mr. Wagner said the ridership in
the residential area was very low, and a smaller bus would be better to loop
through the residential area and deposit passengers at the Park and Ride Lot
into the
Chris Rogers, of Southern
Village, said that Option 1 understated the coverage area, and of 305
homeowners, a petition submitted in October represented 87% of the community to
abolish the residential portion of the
Pam Swanson-Boyd, resident of Southern Village, said the bus comes right by her house at least 25 times a day, and her house is a lay-over area, where the bus idles and shakes the glass in her house. She said her concern was for the safety of children and herself, and that the buses run empty.
Tad VanDusen, resident of Southern Village, said there was a contrast between all of the children who had to walk to school and the people who do not want to walk, and those people should be encouraged to walk. He said that Option 3 was a good compromise, and did not go through an area where people did not use the buses, and the routes should be concentrated in the areas where people used the buses.
Deb Templeton, resident of Southern Village, said she lived on the bus route and that Option 1 was a viable option, but her main concern was a safety issue because the street was 25 feet in width and there were cars parked on each side of the street, leaving only 11 feet for the buses to pass through. She noted that sometimes the buses were in the lane of oncoming cars. Ms. Templeton requested that the Town look again at the use of smaller buses.
Pam Moyers, resident of Southern Village, said she lived directly across from the Swim Club and across from a bus stop. She said when she bought her home she knew of the emphasis on mass transit and that the village was being built to be pedestrian-friendly. Ms. Moyers said that in the residential areas the buses were running practically empty, and she was concerned about the safety of the buses. She said she believed that a compromise could be reached.
Madeline Cains, resident of Southern Village, said everything she had planned to say had been said by others. She added that her taxes had increased substantially since Southern Village had been annexed and she hated to see even a portion of her tax dollars spent on buses that run empty.
Geri Rogers, resident of Southern Village, said that the bus stops in Option 2 had very small ridership, and she asked the Council to support Option 1, which would respect the best interest of homeowners.
Maggie Mraz, resident of Southern Village said she was moving to an area in Southern Village that is on a bus route. She said she enjoyed living there and supported the bus route in the commercial sector. She said many families did not want their children to ride a bus to school. Ms. Mraz asked that the Council move the bus route out of the residential sector and into the commercial sector.
Jill Moore, resident of Southern
Village, said she lived in the single-family sector, worked at the University
and takes the
Michael Recny, resident of Southern Village, said he applauded the goal of bringing mass transit to Southern Village, but supported access to the buses with the reconfigured route solely to the commercial sector. He said he had a safety issue, and pointed out the walking trail, adding that buses cross the walking trail back and forth twice. Mr. Recny supported the option to reconfigure the bus route solely to the commercial sector.
Robert Koontz, resident of Southern
Village, said he lived near the swimming pool and urged the retention of the
Roddy Cameron, resident of Southern Village, encouraged the Council to vote for Resolution B, Option 1, or defer to the next Council.
Loren Hintz, Chair of the
Transportation Board, commented that the Board had not voted on the 3 Options
before the Council, but had discussed the
Shelley Levine, resident of
Jack Snoeyink, resident of Southern
Village and an employee of\t the University, said that he and his family had
lived in many foreign countries which had dependable public transportation, and
he had to walk uphill several minutes in Southern Village to get to a bus. He said the high school students did not walk
to school but were picked up by the school bus. Mr. Snoeyink said that bus drivers were very
safe drivers, and he would rather ride the bus than be on his bicycle on
Mel Jones, resident of Southern Village, said he could understand some of the concerns voiced about the buses, but he had lived in foreign countries where public transportation was a way of life, and it was never a problem. He expressed his support for the current routes, or some option that maintained access to the residential areas. Mr. Jones suggested that the numbers that had been discussed this evening should be done with a survey in Southern Village, and people should be urged to ride the buses. He said several comments had been expressed to him that public transportation was an integral part of Southern Village, and the option of smaller buses would be a good option to explore. Mr. Jones said it would raise the property values.
Eric McNeil, resident of Southern
Village, said he strongly supported the
D.R. Bryan, developer of Southern
Village, said in the plans for Southern Village, the planners wanted to create
a sense of community, and to create a neighborhood that would help to reduce
traffic congestion. He said the way to
do that was to create a greenway, connect sidewalks for people to walk to their
destination, and to have a neighborhood available for the
Mayor Waldorf congratulated the participants in the discussion for their civility.
Council Member Brown asked how the Council could bring the neighborhoods of Southern Village together, and it would be worth thinking about and create an opportunity for more information.
Council Member Foy said he would like more information.
Council Member Ward said a number
of questions that had been brought up deserved some answers so he could make a
more informed decision. He said he would
like to know if the width of the roads were the same, and what the ability was
to add a bus stop on Highway 15-501 near the intersection of
Mr. Horton said he felt the staff could do a better job of answering the question with a little more time to study them.
Council Member Foy asked what the
options would be for smaller buses, and would there be an option of decreasing
the frequency of routes into the Northwest section, but keeping the frequency
into the commercial section. He asked if
there was a plan to run a bus into
Council Member Foy said he felt the Town should make sure that residents in Southern Village understood that that might be a potential future decision.
Council Member Bateman asked what kind of promotion had been done to let the residents of Southern Village know about the upcoming fare-free rides, and to do more promotion about the buses in Town. She said the goal was to get the maximum number of people exposed and have access to a mass-transit system in a pedestrian-oriented community. Council Member Bateman added that she did not support having the buses going only to the commercial area.
Council Member Strom said there was information that would be helpful to citizens and the Council, such as what the staff knew about safety issues regionally, nationally, and specifically in Town, and information on the operating expenses in the smaller buses.
Council Member Brown said she
would like to have the staff address the
Council Member Evans asked what the increased costs would be of servicing other areas, if the service was reduced in the area in Southern Village.
Council Member Wiggins asked Ms. Kuschatka if there was anything special about where layovers take place. Ms. Kuschatka said the layovers in Southern Village were not designed for drivers to take a break, but to build in a few minutes in case the driver should run into traffic or undue problems. She said she recommended that it be relocated to the Park and Ride area. Mr. Horton added that the staff could look into the layover spots so they would not be as bothersome to residents.
Council Member Wiggins asked if
there was any way to reconfigure the
Council Member Wiggins said she supported having the transit system as accommodating as possible.
Council Member Evans said the transit system could include more service to the Park and Ride area in the loop.
Council Member Foy said this was not just a decision for Southern Village, but it was a Town-wide decision, and he encouraged some kind of participation for the community to work together.
Council Member Wiggins said she was concerned that one of the citizens said that the survey was not taken under the most objective circumstances, and she would feel more comfortable that the information was collected in a less biased way.
Mayor Waldorf commented that this was a representative government and the Town was not at a point where it had to “count noses” on an issue, and she felt it was important to get people involved and informed and to try to work toward something that would serve the community better.
Council Member Evans said one thing that had concerned her was that the Town had not included the Transportation Board in these issues, and an option would be to encourage the Transportation Board to meet with the citizens to see if they could come forward with a joint recommendation.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE ISSUE BACK TO THE STAFF, TRANSPORTATION BOARD, AND THE SOUTHERN VILLAGE HOMEOWNERS’ ASSOCIATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 9 –
for Special Use Permit Modification
Principal Planner Rob Wilson
stated that this was a continuation of a Public Hearing from
Nick Didow, Chapel Hill-Carrboro School Board chair and speaking as the applicant, expressed on behalf of his Board their appreciation and best wishes to Mayor Waldorf, Council Member Pavăo and Council Member Brown, for their outstanding service on the Town Council and as Mayor. He said that one of the comforting things about being on the Chapel Hill-Carrboro School Board was that his colleagues on the Chapel Hill Town Council were always mindful of the interests of the young people and the families in the schools and the community.
Mr. Didow called attention to some items under consideration this evening: a schedule in the information packet that provided a reimbursement schedule for the Town’s portion of the community gym worked out to provide the maximum flexibility; there is a chance of opening the school in the summer of 2003; and, it becomes more complicated because there are things that other participants in this project need in a timely manner in order to stay on schedule. He pledged, if the Special Use Permit (SUP) was approved this evening, continued good work and timely efforts to keep the project on track.
Loren Hintz, Chair of the Transportation Board, said he hoped when the Council conducted its final voting, it would combine some of the points of the various Boards. He said the Transportation Board had some concern with the number of parking spots at the Elementary School, but the majority did vote for them. Mr. Hintz said they were very pleased that there were no parking spots at the park, and wanted a minimum amount of parking spots at the Wachovia Bank. He said there was a tie-in between the school and the park that would utilize the bike racks for both, and the Transportation Board felt it would be a good idea to have some fixed bike racks within the park itself.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mr. Horton said he felt there would be some value in continuing the Public Hearing on the park in order to get all of the issues on the table before a vote was taken on either one of the issues.
Item 10 –
Special Use Permit Modification
A RESOLUTION APPROVING AN APPLICATION FOR A
SPECIAL USE PERMIT MODIFICATION FOR THE
BE IT RESOLVED by the Council of the Town of
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;
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan; and
5.
Be consistent with the Meadowmont Master Land Use Plan
that was approved on
BE IT FURTHER RESOLVED that the Town Council hereby
approves the application for a Special Use Permit Modification for the
Stipulations
Specific to the Development
1.
That construction begin by
2. Land Use Intensity: This Special Use Permit Modification authorizes the following construction of a picnic shelter, an 8-foot wide natural surface greenway trail, and a 4-foot wide natural surface pedestrian/hiking trail (with 3 pedestrian bridges and associated boardwalk sections).
3.
Joint Use Agreement: That a Joint Use Agreement shall be
established between the
Stipulations
Related to Required Improvements
4.
Impervious Surface: That a maximum of 10,142 square feet (0.23
acres) of this site shall be covered by impervious surface. The developer shall also submit an updated Meadowmont
Impervious Surface Monitoring Form reflecting the amount of impervious
surface to be constructed on this site, prior to the issuance of a Zoning
Compliance Permit, demonstrating compliance with the Low Density Option.
5.
Construction of Meadowmont Lane: That detailed
construction plans for the construction of Meadowmont Lane, including sidewalk
on both sides of the street, from the existing terminus to the easternmost
property corner of the School site’s street frontage shall be approved by the
Town Manager, prior to the issuance of a Zoning Compliance Permit. In addition,
6. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
7. Bollards on Greenway Trail: That bollards be installed at the entrance of the greenway trail (at least one shall be lockable) in order to prevent vehicular access.
8. Location of Pedestrian/Hiking Nature Trail Connection to Lancaster Drive: That the proposed point of connection between the Nature Trail and Lancaster Drive, as shown on the plans dated November 14, 2001, may be field-adjusted to another point along the Park’s Lancaster Drive frontage, prior to the issuance of a Zoning Compliance Permit.
9. Pedestrian/Hiking Trail Boardwalk Sections: That the developer provide boardwalk sections for the nature trail, as determined necessary by the Town Manager.
Stipulations
Related to the Resource Conservation District and Wetlands
10. Boundaries: That the boundaries of the Resource Conservation District be indicated on final plans. A note shall be added to all final plats and plans, indicating that “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Development Ordinance.”
11. Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plan approval for the subject phase(s) of development.
12. Construction Standards: That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance must be adhered to, unless the application is granted administrative exemptions from sub-section 5.8. Permitted encroachments include, but are not limited to:
- Street crossings;
- Pedestrian/bicycle paths along and over the streams;
- Compost/yard waste sites;
- Wet detention basin/stormwater management facilities;
- Utility lines; and
- Surface Parking.
13. Wetlands: That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and Federal regulations.
Stipulations
Related to State and Federal Approvals
14. State or Federal Approvals: That any required State or federal permits or encroachment agreements be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the development.
Stipulations
Related to Landscape Elements
15. 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.
16. Stormwater Management Plan: That a Stormwater Management Plan shall be approved prior to issuance of a Zoning Compliance Permit, if deemed necessary by the Town Manager.
17. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Durham 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.
Stipulations Related to Fire Protection/Fire Safety
18. Fire Flow: That a fire flow report, for the fire hydrant located on the adjacent School site near the gym, shall be prepared by a registered professional engineer. The fire flow report shall show that flows meet the minimum requirements of the Design Manual, and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
19. 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.
20. Greenway Corridor Easement: That when the specific location of the greenway trail has been determined by the master developer and approved by the Town Manager, the park developer will allow the greenway trail to be constructed on the park site.
21. Recorded Plat: That a plat shall be recorded indicating all easements on this site, prior to the issuance of a Zoning Compliance Permit.
22. 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.
23. 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.
24. Open Burning: That no open burning shall be permitted during the construction of this development.
25. Silt Control: That the applicant shall 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 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.
27. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
28. 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 26th day of November, 2001.
A
RESOLUTION DIRECTING THE TOWN MANAGER TO REPORT TO THE COUNCIL REGARDING
TRAFFIC CONDITIONS FOLLOWING COMPLETION OF PEDESTRIAN TRAIL CONNECTION TO
LANCASTER DRIVE (2001-11-26/R-17f)
WHEREAS, a pedestrian connection from the
WHEREAS, existing residents of homes on and
near
NOW, THEREFORE, BE IT RESOLVED
that the Chapel Hill Town Council directs the Town Manager to prepare a report
to the Council within 3-6 months following the completion of the Park’s
pedestrian connection to Lancaster Drive, to provide a report on traffic
conditions (vehicular, bicycle and pedestrian) along Lancaster Drive.
BE IT FURTHER RESOLVED
that the Council directs the Manager to mail notice of such report to all
property owners within 1,000 feet of the intersection of the pedestrian trail
and
This the 26th day of November,
2001.
A RESOLUTION APPROVING AN APPLICATION FOR A
SPECIAL USE PERMIT MODIFICATION FOR THE
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Corley Redfoot Zack, Inc., on property identified as Chapel Hill Township Tax Map 52, Lot 15A, if developed according to the site plan dated August 24, 2001, and revised on November 14, 2001, and conditions listed below, would:
1. 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; and
2. Be
consistent with the Meadowmont Master Land Use Plan that was approved on
BE IT FURTHER RESOLVED that the Town Council
hereby approves the application for a Special Use Permit Modification for the
Stipulations Specific to the
Development
1.
That construction begin by
2. Land Use Intensity: This Special Use Permit Modification authorizes construction of an elementary school, specified as follows:
Maximum Floor Area Total: 107,000
s.f. (see stipulation below)
Minimum
Outdoor Space:
880,155 s.f.
Minimum
Livability Space:
805,955 s.f.
Maximum Amount of Impervious Surface: 255,000 s.f.
Maximum # of Off-Street Parking Spaces: 120 spaces
Minimum # of External Bicycle Parking Spaces: 100 spaces
Minimum # of Bicycle Lockers: 9 lockers
Minimum # of Athletic Fields/Play Fields: 4
Stipulations
Related to Required Improvements
3. Maximum Floor Area: That a total of 93,517 square feet of floor area shall be allowed on this site, unless additional floor area is provided through any combination of the following approaches, prior to issuance of a Zoning Compliance Permit:
A.
Additional floor area is transferred from the adjacent
B.
Approval of a Modification of the Meadowmont Master
Land Use Plan that would increase the total allowable floor area by up to
13,483 square feet, which would only be permitted for use on the
These approaches may be used to increase the allowed floor area on this site to a maximum of 107,000 square feet.
4. Adjustment to the Master Land Use Plan: That an application to adjust the Meadowmont Master Land Use Plan to increase the allowable floor area by up to 13,483 square feet, with the additional floor area only being permitted for use on the Meadowmont Elementary School site, shall be viewed as a non-substantial, minor change that would be administratively approved by the Town Manager.
5. Impervious Surface Monitoring Form: That the developer shall submit an updated Meadowmont Impervious Surface Monitoring Form in conformance with the Low Density Option, reflecting the amount of impervious surface to be constructed on this site as part of the overall development, prior to issuance of a Zoning Compliance Permit.
6.
Construction of Meadowmont Lane: That detailed
construction plans for the construction of Meadowmont Lane, including sidewalk
on both sides of the street, from the existing terminus to the easternmost
property corner of the School site’s street frontage shall be approved by the
Town Manager, prior to the issuance of a Zoning Compliance Permit. In addition,
7. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
8. Bicycle Parking: That the applicant shall provide a total of 9 bicycle lockers (Class I standards) and a total of 100 external secured, covered and illuminated bicycle parking spaces (Class II standards).
9.
American Disabilities Act (
10. Internal Crosswalks: That all four (4) internal crosswalks shall be raised in order to slow vehicle speed.
Stipulations
Related to Landscape Elements and Architectural Issues
11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be prepared for the site and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. In particular, the Landscape Plans shall include the following buffer areas:
A. A 15-foot Type ‘A’ buffer along the western boundary of this site (which is part of the perimeter of the overall Meadowmont development); and
B. A
15-foot Type ‘A’ buffer along the site’s
12. Parking Lot Landscaping Requirements: That parking lot screening and parking lot shading shall be provided in accordance with the Town’s parking landscaping requirements (Development Ordinance, Section 14.6.6), and shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
13. 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.
14. Building Elevations: That the Community Design Commission shall approve the building elevations for the site, prior to the issuance of a Zoning Compliance Permit.
15. Lighting Plan: That the Community Design Commission shall approve a Lighting Plan for the site, prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall include all parking lot lighting, any building and landscape up-lighting, and any athletic field or playground illumination.
16. 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.
17. Stormwater Operations and Management Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. That the plan shall include the owner's financial responsibility and maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager.
18. Stormwater Drainageway Easement: That all on-site stormwater facilities shall be located within a stormwater drainageway easement as required by the Town Manager.
19.
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 State of
Stipulations
Related to Utilities
20. Utility Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth (or designated telephone service provider), Public Service Company, and the Town Manager, prior to issuance of a Zoning Compliance Permit.
21. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans.
Stipulations
Related to Fire Protection/Fire Safety
22. Emergency Access Path: That the emergency access path which encircles the school, shall be constructed to support the weight and turning radii of fire apparatus, subject to Town Manager approval.
23. 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, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
24. 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.
25. Fire Department Connections: That fire department connections shall be no more than 50 feet from the hydrants, and shall be located in visible, accessible locations, subject to Town Fire Marshall approval.
26.
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.
27.
Heavy-Duty Pavement: That all drive aisles and parking areas that
will be utilized for collection vehicle access to the dumpster/recycling area,
shall be constructed with all-weather, heavy-duty pavement.
28. Greenway Corridor Easement: That when the specific location of the greenway trail has been determined by the master developer and approved by the Town Manager, the Chapel Hill-Carrboro City Schools will allow the greenway trail to be constructed on the School site. In addition, once the detailed location of the greenway trail has been determined, the Chapel Hill-Carrboro City Schools will dedicate a permanent access easement for the entire 100-foot wide greenway trail corridor. This dedicated easement shall allow the Town to maintain the greenway trail, while also providing access for pedestrians, non-motorized vehicles, and persons confined to wheelchairs.
29. Maintenance Access to Athletic Fields: That an access easement shall be provided from the neighboring residential street that is located south/southwest of the School site, for the purpose of allowing maintenance vehicles to access the athletic fields located west of the perennial stream that divides the School site. Details regarding this access easement (location of curb cut, amount of grading, location of utilities, etc.) shall be submitted and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.
30. Access Easements: That a permanent access easement shall be dedicated for (1) the area on the School site located west of the perennial stream that divides the site, and (2) the lot located south of the western two athletic fields, which will serve to provide maintenance access from the public street in the adjoining single-family neighborhood. The dedicated access easement shall allow the Town to maintain these areas, and provide access for pedestrians, non-motorized vehicles, and persons confined to motorized wheelchairs.
31.
Entrance Drive Easement: That a permanent access easement which
provides access for vehicular traffic and pedestrians, shall be dedicated for
the access road off of
32. Utility Easements: That permanent utility easements shall be provided for utilities that provide services to the two western athletic fields, for maintenance purposes.
33. Recorded Plat: That a plat shall be recorded indicating all easements on this site, prior to the issuance of a Zoning Compliance Permit.
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.
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.
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. Open Burning: That no open burning shall be permitted during the construction of this development.
37. Silt Control: That the applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
38. 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.
39. 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.
40. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
41. 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 26th day of November, 2001.
WHEREAS, the 1995 Meadowmont Master Land Use Plan included a 92-acre school/park site; and,
WHEREAS, the 1997 Special Use Permit for the school/park site required the developer to provide certain park amenities; and
WHEREAS the Council has modified that 1997 Special Use Permit by dividing the School and Park site and creating separate special use permits and site plans for the school and the park, with modified sets of amenities on each site; and,
WHEREAS, according to the revised and separated 2001 Special Use Permits and site plans virtually all of the park amenities are located on the school site, making for a tightly developed site; and,
WHEREAS, it would not be in the public interest to have contractors from both the developer and the School Board trying to work on this very compact school site at one time; and
WHEREAS, the developer has offered to pay the School Board $1,024,000 which exceeds his costs of providing the park amenities or which he is responsible under the 1997 Special Use Permit; and
WHEREAS, the School Board has agreed to be responsible for the construction of these park amenities during the development of Elementary School # 9; and,
WHEREAS, the Town currently holds a bond which guarantees that the developer will provide these park amenities,
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to accept a letter of commitment from the Chapel Hill-Carrboro City Schools stating that the School Board will provide all of the park amenities that are to be located on the site of Elementary School #9 under the 2001 Special Use Permit.
BE IT FURTHER RESOLVED that the Manager is authorized, upon payment by the developer to the School Board of $1,024,000, to release the bond the developer has provided to the Town for the park amenities.
This the 26th day of November, 2001.
A RESOLUTION COMMITTING TO PAY
$750,000 TO THE CHAPEL HILL-CARRBORO CITY SCHOOLS FOR THE INCREMENTAL COST OF A
COMMUNITY GYM AT THE ELEMENTARY SCHOOL AT MEADOWMONT (2001-11-26/R-17.2)
WHEREAS, the Town Council has indicated its desire for a community gymnasium to be included instead of a multi-purpose room in the new elementary school to be built in Meadowmont; and
WHEREAS, the Chapel Hill-Carrboro Board of Education has agreed to plan for such a facility if the Town will commit to pay the incremental cost of $750,000 by the end of 2004/2005; and
WHEREAS, the Town Council resolved on June 11, 2001, to waive the $36,000 of development fees for the school on the condition that the sum be considered part of the Town’s contribution to the incremental cost of the community gym; and
WHEREAS, the developer of Meadowmont has agreed to pay $200,000 to the School Board as part of the Town’s share of $750,000 for the community gym;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that payments totaling $750,000 will be made to the School Board by 2004/5 to ensure that a community gymnasium be included in the elementary school at Meadowmont.
BE IT FURTHER RESOLVED that the $750,000 shall include:
-$36,000 of waived development fees which the School Board already has;
-$200,000 from the developer of Meadowmont in lieu of it building a softball field and a free-standing restroom facility; and
-$510,000 from allocations to be included in some or all of the next three operating budgets.
This the 26th day of November, 2001.
Item 11 – Wachovia Bank at Meadowmont: Application for
Special Use Permit Modification
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 Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised May 31, 2001), the Meadowmont Master Land Use Plan, and the conditions listed below, would:
1. 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; and
2. Be consistent with the Meadowmont Master Land Use Plan
that was approved on
BE IT FURTHER RESOLVED that these findings are
conditioned on the following:
Stipulations Specific to the Development
1.
That construction begin by
2. Land Use Intensity: This Special Use Permit authorizes the following:
· 1 building, with a maximum of 4,150 square feet of floor area; and
· A maximum of 24 parking spaces.
3. Land Use: That the use of this development be restricted to a bank with a drive-through facility.
4. Land Use Intensity and Impervious Surface Calculations: That the applicant provide calculations confirming Meadowmont’s overall compliance with Land Use Intensity Ratios and Impervious Surface Limits.
5. Eastern Boundary of the Meadowmont Development: That buildings and parking shall be at least 40 feet from the eastern property line. A 40-foot wide Type C landscape buffer shall be provided along the eastern property line.
6. Heavy Duty Pavement: That a heavy-duty pavement with a 10-inch base course be installed along the refuse/recycling service vehicle routes.
7. Stop Sign and Pedestrian Crossing Signs: That a stop sign shall be installed at the end of the drive-through lane. Pedestrian crossing signs shall be installed at both internal crosswalks.
8. No Parking Signs: That signage shall be installed informing bank customers that parking in The Cedars Retirement Community is prohibited while conducting bank business.
9. Change to Parking Lot Layout at Northern Property Line: That the two parking bays consisting of seven compact spaces be combined into a single bay of six spaces and be shifted to the east, such that the westernmost space does not back into the drive aisle that accesses the bank’s front entrance for a total of 24 parking spaces.
10. Internal Crosswalk: That the internal crosswalk which crosses the drive-through lane shall be raised to slow vehicle traffic.
11. Bike Racks: That the bicycle parking area for this development shall comply with the Town’s Design Manual.
12. Parking:
A. That no more that 24 parking spaces be provided.
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.
13. East Barbee Chapel Road Bus Stops: That a segment of the eight foot wide tree lawn between the sidewalk and the street curb, adjacent to the two future East Barbee Chapel Road bus stops, be paved. Final design and dimensions shall be reviewed and approved by the Town Manager.
14.
A. That the required off-site stormwater retention pond serving this site be in place prior to the issuance of a Certificate of Occupancy.
B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of permanent pond. Permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
C. The size, accessibility, location, and design of said pond shall be approved by the Town Manager.
D. The off-site wet retention pond shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
E. A performance bond or other surety instrument satisfactory to the Town, shall be posted in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
F. The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of said pond by an appropriately certified engineer, to determine whether the pond and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town manger, with such recommendations for maintenance or repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.
G. Maintenance of the pond shall be the responsibility of the applicant or a property/homeowners’ association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.
H. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.
I. The minimum permanent pool depth of the off-site retention pond shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
J. All sediment deposited in the pond during construction activity on contributing sites must be removed before “normal” pond operation begins.
K. Emergency drains shall be installed in the off-site pond to allow access for repairs and sediment removal as necessary.
L.
Anti-seepage
collars shall be used on any structures penetrating dams or water retaining
embankments.
M. Public storm drainage systems, or other
utilities, shall not be located within a pond or dam structure.
N. No ponds shall be created within the perimeter landscape buffer required for Meadowmont development.
O. That the off-site pond be located and designed such that damage to existing large trees can be minimized.
P. That the off-site retention pond and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.
15. Ownership and Responsibilities of Common Areas:
A. That an owners’ association be created for the
maintenance and regulation of the private (residential, office, park,
landscape, and commercial) areas including privately maintained streets and
alleys. All property owners owning land
within the area of the Master Land Use Plan approval, excluding governmental
bodies, shall be represented in the owners’ association. This owners’ association shall have
maintenance responsibilities for commonly owner development elements, which
affect the entire development including the stormwater management facilities.
B.
In addition, a
separate owners association shall be
created for the maintenance and regulation of the residential, office, and
commercial areas. The documents creating
these entities shall be reviewed for approval by the Town manager, and shall be
recorded in the Orange County Register of Deeds Office prior to the issuance of
a Zoning Compliance Permit.
C. The responsibilities of these entities shall include
the ownership and maintenance of the private alleys, private green spaces,
private parks and recreation space, private retention and detention basins, and
the landscape buffers.
D. These entities shall also be responsible for an
“add-on fees” charged by Duke Power for special street lighting.
E.
These entities
shall have the ability to place a lien on property for nonpayment of dues or
fees.
Stipulations Related to Landscape Elements
16. Landscape Buffers: The following buffers shall be provided; if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:
A. Type “C” landscape buffer (20 feet minimum width) along the northern property line.
B. Type “C” landscape buffer (40 feet minimum width) along the eastern property line. Existing vegetation shall be supplemented with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements.
C. Type “D” landscape buffer (50 feet minimum width) along the Highway NC 54 frontage. That planting be provided, and existing vegetation preserved along the Highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along Highway 54. A streetscape plan, demonstrating compliance with the Master Landscape Plan for Entranceway Corridors, shall be submitted for Town Manager review and approval. That the applicant provide additional information as part of the final plan review process including detailed elevations from Highway 54 for consideration by the Community Design Commission.
D. The landscape buffer plan shall be reviewed for
approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
17. Landscape Protection Plan:
A. That the removal of the 15-inch oak and 15-inch
hickory trees, between East Barbee Chapel Road and the proposed building, shall
be reviewed and approved by the Town’s Urban Forester. The Town Manager shall determine if
additional grading techniques and or minor site design modifications are
necessary if order to preserve one or both trees.
B.
That a complete
and accurate tree survey of all trees within 100 feet of any proposed off-site
grading and be provided with the first submittal of Final Plans. That an accurate tree and vegetation survey
of the NC 54 Entrance Corridor be provided with the first submittal of Final
Plans
C. 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.
D. That the plan indicates the critical root area (1 foot radius for every inch caliper dbh) for the large trees adjacent to construction areas.
E.
No erosion
control devices shall be allowed within the designated tree preservation or
landscape buffers areas.
18. Landscape Plan: That a detailed landscape plan
and landscape maintenance plan be approved by the Town Manager prior to the
issuance of a Zoning Compliance Permit.
Detailed final plans shall include demonstration that parking lot
shading and screening requirements will be met.
Stipulations Related to Building Elevations
19. Building Elevations/Site Lighting: That the
detailed building elevations and lighting plan be approved by the Community
Design Commission prior to issuance of a Zoning Compliance Permit.
20. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth or GTE, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
21. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.
22. Fire Flow: 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.
23. Fire Hydrant Locations: That the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.
24. A contribution of $25,000 to the Orange Community Housing and Land Trust shall be made prior to issuance of a Zoning Compliance Permit.
25. 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 should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved. Design and construction of any stormwater management facility shall be approved by the Town Manager.
26. Stormwater Management Plan Review for The Cedars Retirement Community: That the stormwater management between this development and The Cedars Retirement Community be coordinated during final plan review for the Cedar’s and this development.
27. Off-Site Construction Easements: That all required off-site construction easements shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
28. 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.
29. 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.
30. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
31. Refuse and Recycling Collection: That the refuse and recycling collection services be private.
32. 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.
33. Plant Rescue: That the developer consider conducting plant rescue activities on the site prior to initiation of development activity.
34. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.
35. 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.
36. Erosion Control Performance Bond: That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
37. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
38. 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 phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
39. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above
40. 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 26th day of November, 2001.
A
RESOLUTION DIRECTING THE TOWN MANAGER TO IMPLEMENT TRAFFIC MANAGEMENT MEASURES
IN GLEN
WHEREAS, the Council of the Town of
WHEREAS, the Council has received recommendations from a Committee assigned to study traffic management opportunities in Glen Lennox, Little Creek, and The Oaks I neighborhoods and to propose measures to mitigate area residents’ concerns about vehicular and nonvehicular safety and mobility; and
WHEREAS, the Council has received a report including Town staff comments about the Committee recommendations;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of
1) Six Speed Humps (One on Rogerson Drive, One on Oakwood Drive, One on Hamilton
Road, two on
2) Two
Semi-diverters (one on
3) One Raised Crosswalk (speed table) on
BE IT FURTHER RESOLVED that the Council directs the Manager to implement the above traffic calming measures within the next six months, and authorizes use of Capital Improvements Program funds to complete the work estimated to cost approximately $25,000.
This the 26th day of November, 2001.
WHEREAS,
the Council has adopted a Capital Improvements Program budget that includes
renovations for the
WHEREAS,
an April start of construction would allow for an earlier completion of work on
the Center building; and
WHEREAS,
the late August start would allow the pool to remain open during the 2002
season;
NOW, THEREFORE, BE IT RESOLVED by
the Council of the Town of
BE IT FURTHER RESOLVED that the Council authorizes the Manager to submit an application to the Local Government Commission for installment financing of this project and to schedule a Public Hearing.
BE IT FURTHER RESOLVED that the
Council requests that the neighbors of the
This
the 26th day of November, 2001.
A RESOLUTION REGARDING USES OF THE 109 ACRES OF THE GREENE TRACT THAT
REMAIN IN JOINT OWNERSHIP (2001-11-26/R-21)
WHEREAS, Orange County and the Towns of
Carrboro and Chapel Hill acquired the 169 acre property known as the Greene
Tract in 1984 as an asset of the joint solid waste management system; and
WHEREAS, title to 60 acres of this property was deeded exclusively to
WHEREAS, under the same interlocal agreement the County and Towns
agreed to bargain in good faith during the two year period following the
effective date of the agreement to determine the ultimate use or disposition of
the remaining 109 acres of the Greene Tract; and
WHEREAS, the end date of the “bargaining period” as defined in the
agreement is April 17, 2002, the second anniversary of the date upon which the
County assumed overall responsibility for solid waste management in Orange
County; and
WHEREAS, the governing boards of all three jurisdictions indicated
preferences for the uses for the Greene Tract with Chapel Hill adopting a
resolution calling for keeping a large part of the 109 acres in a natural
state, with selected areas used for a mixture of low and moderate income
housing; and
WHEREAS, the Greene Tract Work Group, comprised of two elected
representatives of each governing board met twice in October 2001 and conducted
a facilitated public forum on November 15, 2001 to hear a dialogue among
interested citizens regarding proposed basic uses of the Greene Tract; and
WHEREAS, many people who spoke at the public forum indicated
preferences for leaving the whole tract in its natural state or using some of
the tract for affordable and low and moderate-priced housing with some little
support for use of the area as active recreation;
WHEREAS, the Greene Tract Work Group met on
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of
BE IT FURTHER RESOLVED that the Council recognizes the other
government’s interest in affordable housing, moderate-priced housing,
recreation areas and natural areas.
BE IT FURTHER RESOLVED that the Council requests that the work group
consider expanding the area under consideration to include all publicly owned
tracts of land in the Eubanks/Homestead/Old 86 area to accommodate all three
uses without compromising any of them.
BE IT FURTHER RESOLVED that the Council in reaffirming its own
resolution and affirming the needs of the three basic uses under consideration,
charges the Work Group with developing a more detailed written and graphic
concept plan for the use of this enlarged area.
This the 26th day of November, 2001.
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Transportation
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Applicants
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Waldorf |
Bateman |
Brown |
Evans |
Foy |
Pavăo |
Strom |
Ward |
Wiggins |
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Marie
Eldridge |
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Jerry Neville |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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WHEREAS, University construction and renovation work will have a direct impact on the Town’s soil erosion and sedimentation control efforts; and
WHEREAS, recent construction activity on the women’s softball complex on campus illustrates the need for a closer look at soil erosion and sedimentation control issues; and
WHEREAS, it appears that the State may have too few staff to cover all of the projects under construction on the University campus; and
WHEREAS, protection of the local and regional environment is a key Council concern;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby authorizes the Town Manager to report on State resources available for enforcement of soil erosion and sedimentation regulations on University and other State-inspected projects in Chapel Hill.
This the 26th day of November, 2001.