SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
Monday, February 25, 2002, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, 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, Finance Director Jim Baker, Police Chief Gregg Jarvies, Interim Human Resources Director Anissa Graham-Davis, Parks and Recreation Director Kathryn Spatz, Employee Relations and Training Coordinator Lindsay Wallace, Engineering Director George Small, Planning Director Roger Waldon, Transportation Planner David Bonk, and Town Clerk Joyce Smith.
Item 1 – Ceremonies (none)
Item 2 – Public Hearings:
Hearing to Consider Using Installment Contract Financing to Renovate the
Hargraves Recreation Center and A.D. Clark Pool
Finance Director Jim Baker reported that the purpose of the public hearing was to receive comments from citizens on the proposed use of an installment contract to finance major renovations to the Hargraves Center and A.D. Clark Pool and Bathhouse. He said this contract would require approval by the Local Government Commission and on February 11 the Council began that process.
Mr. Baker said that adoption of Resolution R-1 would declare findings by the Council that the installment contract was necessary and an expedient method to finance the proposed renovations. He added that the Resolution authorized the Finance Director, the Manager, and the Attorney to act on behalf of the Town in filing an application with the North Carolina Local Government Commission for approval of the project and the proposed financing contract. Mr. Baker said if the Council adopted R-1 then an application would be filed immediately.
Mr. Baker said the staff had submitted bids to the public for the project, to be received by February 28. He noted that the staff would submit recommendations on the award of the construction contract and the financial contract to the Council for the project on March 25 for the Council’s approval. Mr. Baker said this project would be submitted to the Local Government Commission on April 2 for approval.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 1. THE MOTION WAS APPROVED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A-20 (2002-02-25/R-1)
WHEREAS, the Town of Chapel Hill, North Carolina desires to renovate the Hargraves Center and the A. D. Clark Pool and Bathhouse in an amount not to exceed $1.2 million to better serve the citizens of the Town; and
WHEREAS, the Town desires to finance the Project by the use of an installment contract authorized under North Carolina General Statute Chapter 160A, Article 3, Section 20; and
WHEREAS, findings of fact by the governing body must be presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statute Chapter 159, Article 8, Section 151 prior to approval of the proposed contract;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, meeting in a regular session on the 25th day of February, 2002, makes the following findings of fact:
l. . The proposed contract is necessary and expedient in order to take advantage of an opportunity to complete the renovation of the Hargraves Center and the A. D. Clark Pool and Bathhouse in a timely manner.
2. The proposed contract is preferable to a bond issue for the same purpose because timing is of the essence in order to begin the renovations promptly, and the amount of up to $1.2 million is more than can be prudently raised from currently available appropriations, unappropriated fund balances, and non-voted bonds in a timely manner.
3. The cost of financing under the proposed contract is expected to be approximately the same as the cost of issuing general obligation bonds.
4. The sums to fall due under the contract are found to be adequate and not excessive for the proposed purpose.
5. The debt management policies of the Town are found to have been carried out in strict compliance with applicable law and will be continued in the future.
6. The increase in taxes necessary to meet the sums to fall due under the anticipated contract is estimated to be less than .4 cents per $100 valuation and is not deemed to be excessive.
7. The Town is not in default in any of its debt service obligations.
8. The attorney for the Town has rendered an opinion that the proposed Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina.
BE IT FURTHER RESOLVED that the Manager, Finance Director, and Attorney are hereby authorized to act on behalf of the Town in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed financing contract and actions not inconsistent with this resolution.
This the 25th day of February, 2002.
Item 3 – Petitions by Citizens and Announcements by Council Members
3a(1). Joe Hakan regarding a request for expedited review for Avalon Park.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS APPROVED UNANIMOUSLY (9-0).
3a(2). Cathy Weisbecker regarding speeding in the Booker Creek area, and a request for a 3-way stop at Booker Creek and Foxwood.
Council Member Bateman asked Mr. Horton to find out what school Mr. Hakan was referring to in his petition.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(3). Bill Wilson regarding expedited review of Village Plaza Theaters Special Use Permit.
Bill Wilson, Real Estate Director for Eastern Federal Theaters, owners of Timberlyne and Village Plaza Theaters said the Plaza opened over 30 years ago. He pointed out the reasons that the Plaza was asking for a Special Use Permit (SUP):
· The Plaza Theatre was showing its age and needed renovations, but not expansion onto new land.
· It will enable the construction to be brought up to standards of landscaping, environmental protection, circulation, and appearance that will remedy and improve a current non-conformance.
· The Theatre is experiencing a lot of competition from theatres already open and soon-to-be opened in Durham with multi-screens and stadium seating, and it is losing business.
· It would benefit the Town because a new facility would allow employment to go from 20 people to 30 people, and contribute an estimated $90,000 in taxes, which would be well over the $30,000 in taxes contributed presently.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3a(4). Michelle Arlotto, regarding traffic problems in the Spring Crest neighborhood.
Ms. Arlotto said that last March, residents who lived on Chip Oaks and Perry Creek Drive to Spring Crest signed a petition requesting stop signs and speed humps to eliminate the speeding traffic in the neighborhood. She said since the joining of their neighborhoods with the Silver Creek and Chandler Green neighborhoods, there has been an increase of cars traveling at high speeds through the neighborhood. Ms. Arlotto said they were not opposed to the traffic, because the residents knew that the cut-throughs would be built when they bought their homes. She said the high-speeding cars usually occurred at the time when Chapel Hill High School ends the school hours, and at the time of commuting traffic at 5:00 p.m. Ms. Arlotto said that Traffic Engineer Kumar Neppalli had set up a traffic study, which confirmed the problem of speeding, and he had made some recommendations for speed humps and traffic stops. She said 3 speed humps and 4 multi-way stop signs are needed, and asked the Council to approve funding for these safety measures.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor pro tem Evans asked that this request be considered during budget deliberations.
3c. Petitions by Council
Mayor Foy said he wanted to contact the School Board regarding placing a high school within Chapel Hill but outside of the water and sewer services area. He said he wanted the Council to know what he intended to do, and to be sure that they were comfortable with his actions.
Council Member Strom said it was a good idea, and Mayor Foy might be well-served by having the Council instruct the Mayor to issue a letter simultaneously, including a map and the reasons for their actions.
Council Member Wiggins agreed and asked if the School Board had designated a site for the new school.
Mayor Foy said that was why he wanted to approach the School Board, because the Council had a policy with regard to the water and sewer boundary and the Council’s intentions. He said the consultant for the Schools Board that had helped them come up with sites, had stated that one of the criteria were availability of water and sewer. Mayor Foy said it was necessary at this point to convey the Council’s concern, regarding its water and sewer policy.
Council Member Bateman said the Board was looking at three options, based on recommendations from citizens.
Mayor Foy said there was only one that was in the Chapel Hill jurisdiction and outside the water and sewer connections.
Council Member Wiggins said one site had been removed from the list.
Council Member Strom said it was his understanding that site #1, which was on the eastern side of Highway 15-501, had been removed from the list, and what appeared on the list as #2 was the site within the Chapel Hill Extraterritorial Planning jurisdiction, east of Smith Level Road. He said there was a third site off of Bray Road in Carrboro. He said his concern was not only the utility issue, but that a significant part of site #2 was in the University Lake watershed.
Mayor Foy said he would find out whether the site was in the watershed. He said this was the time to get into the beginning of the process.
Council Member Wiggins said she would like to also ask the School Board how the Council could assist in identifying sites, and help them acquire sites that were large enough and affordable.
Mayor pro tem Evans said it was wise that the School Board was considering locating a school that could serve the southern part of the community.
Mayor Foy said he would go to the meeting and bring back the information to the Council and provide information to the School Board.
The Council agreed by consensus.
Item 4 – Consent Agenda
Council Member Strom removed Item 4c, Response to Petition Rescoping the Long-Term Charge of the Citizens Committee to Study Traffic Safety Issues on Weaver Dairy Road. He also removed Item 4d, Agreement to Extend Jurisdiction of UNC Public Safety Department.
Council Member Bateman removed Item 4g, On-Street Parking Regulations in the Glen Lennox Area and Item 4i, Request for Expedited Processing of Special Use Permit and Zoning Map Amendment Applications for Rosemary Street Mixed Use Development.
Council Member Bateman said that Jeff Strickland, who presented the petition for the Glen Lennox parking, was present in the audience.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 2, WITH 4c, d, g, AND i REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-02-25/R-2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Adoption of Minutes for January 14 (2 sets), 18, 23 (2 sets), and 28 (2 sets). |
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b. |
Revisions to Minimum Housing Code: Procedural Sections (R-3); (O-1). |
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e. |
Introduction of Bond Order and Calling a Public Hearing on Authorizing Issuance of General Obligation Refunding Bonds (R-6a, R-6b). |
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f. |
Resolution Amending the Town’s Policy and Procedures Regarding Participation by Minority Businesses in Awarding Building Construction Contracts (R-7). |
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h. |
Request for Expedited Processing of Special Use Permit Modification for Paul J. Rizzo Conference Center (R-9). |
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j. |
Response to Request for Comments on Shaping Orange County’s Future Recommendations (R-11). |
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k. |
Response to Chatham County Together (CCT!) Petition for Use of Community Center Pool (R-12). |
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l. |
Revising Schedule for Budget Work Session (R-12.1). |
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m. |
Adding Joint Planning Hearing to Council Meeting Schedule (R-12.2). |
This the 25th day of February, 2002.
A RESOLUTION DIRECTING THE TOWN MANAGER TO PREPARE A REPORT AND RECOMMENDATION REGARDING MODIFICATION TO THE MINIMUM HOUSING STANDARDS IN CHAPTER 9 OF THE TOWN CODE (2002-02-25/R-3)
WHEREAS, the Town Council has revised the procedural provisions of Chapter 9 of the Town Code of Ordinances pertaining to minimum housing code enforcement; and
WHEREAS, the Council has determined that the minimum housing code standards in Chapter 9 have not been considered in a number of years and may be out of date;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby directed to prepare a report and recommendation regarding possible modification to the minimum housing standards in Chapter 9 of the Town Code.
This the 25th day of February, 2002.
AN ORDINANCE TO AMEND CHAPTER 9 OF THE TOWN CODE OF ORDINANCES (2002-02-25/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 9, Articles I and II of the Town of Chapel Hill Code of Ordinances is hereby revised to read as follows:
ARTICLE I. IN GENERAL
Sec. 9-1. Finding; purpose.
Pursuant to N.C.G.S.
section 160A-182441, et. seq. it is hereby found
and declared that there exists in the town dwellings which are unfit for
human habitation due to dilapidation, defects increasing the hazards of fire,
accidents, and other calamities, lack of ventilation, light and sanitary
facilities, and due to other conditions rendering such dwellings unsafe or iunsanitary,
and dangerous and detrimental to the health, safety and morals, and otherwise
inimical to the welfare of the residents of the town.
In order to protect
the health, safety and welfare of the residents of the town as authorized by
Article 159, Part 6, Chapter 160A, of the General
Statutes, it is the purpose of this chapter to establish minimum standards of
fitness for the initial and continued occupancy of all buildings used for human
habitation, as expressly authorized by N.C.G.S. section 160A-185443.
Sec. 9-2. Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
Basement. "Basement" shall mean a portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
Cellar. "Cellar" shall mean a portion of a building located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
Deteriorated. "Deteriorated" shall mean that a dwelling is unfit for human habitation and can be repaired, altered, or improved to comply with all of the minimum standards established by this chapter, at a cost not in excess of fifty per cent (50%) of its value, as determined by finding of the inspector.
Dilapidated. "Dilapidated" shall mean that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this chapter at a cost not in excess of fifty per cent (50%) of its value, as determined by finding of the inspector.
Dwelling. "Dwelling" shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.
Dwelling unit. "Dwelling unit" shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
Dwelling, dwelling unit, rooming house, rooming unit, or premises. Whenever the words "dwelling, dwelling unit, rooming house, rooming unit, or premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
Extermination. "Extermination" shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the inspector.
Garbage. "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food, including the combustible and noncombustible waste material resulting therefrom, including paper, rags, cartons, boxes, tin cans, glass and dust, trash or similar household waste.
Habitable room. "Habitable room" shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.
Infestation. "Infestation" shall mean the presence, within or around a dwelling, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety, or welfare of the occupants or to the public.
Inspector. "Inspector" shall mean a building inspector of the town or any agent of the inspector who is authorized by the inspector.
Multiple dwelling. "Multiple dwelling" shall mean any dwelling containing more than two (2) dwelling units.
Occupant. "Occupant" shall mean any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.
Operator. "Operator" shall mean any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
Owner. "Owner" shall mean any person who alone, or jointly or severally with others:
(1) Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
Plumbing. "Plumbing" shall mean and include all of the following supplied facilities and equipment: Gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinder), waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
Public authority.
"Public authority" shall mean the town housing authority Town
of Chapel Hill or any officer who is in charge of any department or branch
of the government of the town or of this county or the State of North Carolina
relating to health, fire, building regulations, or other activities
concerning dwellings in the town.
Rooming house.
"Rooming house" shall mean any dwelling, or that part of any
dwelling containing one or more rooming units, in which space is let by the
owner or operator to five (5) or more persons who are not husband and wife, son
or daughter, mother or father or sister or brother of the owner or operator
a rooming house as the term is defined in the Development Ordinance.
Rooming unit. "Rooming unit" shall mean any room or groups of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Rubbish.
"Rubbish" shall means combustible and noncombustible
waste material, except garbage, and the term shall include the residue from the
burning of wood, coal, coke and other combustible material, cartons and boxes,
tree branches, yard trimmings, and other large discarded articles that
are not removed with garbage as a normal practice.
Supplied. "Supplied" shall mean paid for, furnished, or provided by, or under the control of, the owner or operator.
Temporary housing. "Temporary housing" shall mean any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days.
Unfit for human habitation. "Unfit for human habitation" shall mean that conditions exist in a dwelling which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.
Sec. 9-3. Minimum standards of fitness for dwellings and dwelling units.
Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of articles III, IV, V, VI, VII, and VIII. No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of articles III, IV, V, VI, VII, and VIII.
Sec. 9-4. Conflict with other provisions.
In the event any provision, standard, or requirement of this chapter is found to be in conflict with any provision of any other ordinance or code of the town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the town shall prevail.
Secs. 9-5‑‑9-14. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT
DIVISION 1. GENERALLY
Sec. 9-15. Duties of building inspector.
The building inspector is hereby designated as the officer to enforce the provisions of this chapter and to exercise the duties and powers herein prescribed.
(a) To investigate the dwelling conditions, and to inspect dwellings and dwelling units, located in the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this chapter with respect to such dwellings and dwelling units;
(b) To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;
(c) To keep a record of the results of inspections made under this chapter and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed; and
(d) To perform such other duties as may be herein prescribed.
Sec. 9-16. Powers of building inspector.
The building inspector is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter, including the following powers in addition to others herein granted:
(a) To investigate the dwelling conditions in the town in order to determine which dwellings therein are unfit for human habitation;
(b) To administer oaths and affirmations, examine witnesses and receive evidence;
(c) To enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; and
(d) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this chapter.
Sec. 9-17. Inspections; duty of owners and occupants.
For the purpose of
making inspections, the inspector is hereby authorized to enter, examine, and
survey at all reasonable times all dwellings, dwelling units, rooming units and
premises. The owner or occupant of every dwelling, dwelling unit, or rooming
unit, or the person in charge thereof, shall give the inspector free access to
such dwelling, dwelling unit, or rooming unit, and its premises at all
reasonable times for the purposes of such inspection, examination, and survey.
Every occupant of a dwelling or dwelling unit shall give the owner thereof, or
his agent or employee, access to any part of such dwelling or dwelling unit,
and its premises, at all reasonable times, for the purpose of
making such repairs or alterations as are necessary to effect compliance with
the provisions of this chapter or with any lawful order issued pursuant to the
provisions of this chapter.
If the owner or occupant of any dwelling refuses to permit the inspector reasonable access, the inspector shall proceed to obtain an administrative search warrant pursuant to N.C.G.S. Sec. 15-27.2.
Secs. 9-18‑‑9-22. Reserved.
DIVISION 2. ENFORCEMENT PROCEDURES
Sec. 9-23. Preliminary investigation; notice; hearing.
(a) Whenever
a petition is filed with the inspector by a public authority or by at least
five (5) residents of the town charging that any dwelling or dwelling unit is
unfit for human habitation, or whenever it appears to the inspector, upon
inspection, (on his own motion) that any dwelling or dwelling unit
is unfit for human habitation, he shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such dwelling or dwelling unit a complaint
stating the charges in that respect and containing a notice that a
hearing will be held before the inspector (or his designated agent) at a
place therein fixed, not less than ten (10) days nor more than thirty (30) days
after the serving of said complaint. The owner or any party in interest shall
have the right to file an answer to the complaint and to appear in person, or
otherwise, and give testimony at the place and time fixed in the complaint.
Notice of such hearing shall also be given to at least one of the persons
signing a petition relating to such dwelling. Any person desiring to do so may
attend such hearing and give evidence relevant to the matter being heard. The
rules of evidence prevailing in the courts of law or equity shall not be
controlling in hearings before the inspector.
(b) The
owner or any and partyies in interest shall also
have the right to file with the inspector a written statement in a form
acceptable to the town agreeing that the housing referred to in the complaint
is unfit for human habitation, that the same should be demolished, agreeing
that the town may have said housing demolished, and agreeing that the cost of
demolition shall be a lien in the nature of special assessment upon the
property. In such cases, the inspector may proceed with the demolition without
complying with the additional provisions of this Division.
Sec. 9-24. Procedure after hearing.
(a) After notice and hearing pursuant to this division, the inspector shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.
(b) If the inspector determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof, an order directing and requiring the owner to repair, alter, and improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter within a specified period of time, not to exceed ninety (90) days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and improvements have been made.
(c) Upon application by the owner within the specified time, the inspector may grant extensions of up to one (1) year if the dwelling is occupied by its owner, or up to one hundred eighty (180) days if the dwelling is not occupied by its owner, for good cause shown.
(d) If the inspector
determines that the dwelling is dilapidated, he shall state in writing his
findings of fact to support such determination, and shall issue and cause to be
served upon the owner thereof an order directing and requiring the owner to
vacate and close the dwelling, and to remove or demolish the same within a
specified period of time, not to exceed ninety (90) days unless the
owner elects to proceed under the provisions set forth below, or unless an
application for an extension of up to ninety (90) days is applied for by the
owner and granted by the code enforcement official for good cause shown.
(e) Notwithstanding any other provision of law, if the condition of the dwelling would require removal or demolition under subsection (2) and the dwelling is located in a historic district of the town and the historic district commission determines, after a public hearing as provided by the ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with N.C.G.S. 160A-400.14(a).
(f) Within ten (10) days from the date of the order determining that the building is dilapidated, the owner may notify the code enforcement official in writing of his intent to make such repairs or alterations to said dwelling so as to comply with the minimum standards of fitness. Upon receipt of an owner’s written intent to repair said dwelling, within the time provided herein, the inspector shall issue a supplemental order directing the owner to commence and complete the repairs or alterations necessary to comply with the minimum standards of fitness. The code inspector shall allow a reasonable period of time for the owner to make such repairs or alterations, but in no event shall the period of time allow for such repairs or alterations be less than thirty (30) days nor more than ninety (90) days unless an extension of up to ninety (90) days is granted by the code enforcement official for good cause shown. Upon application by the owner within the specified period of time, the inspector may grant extensions of up to one (1) year if the dwelling is occupied by its owner, or up to one hundred eighty (180) days if the dwelling is not occupied by its owner, for good cause shown.
Sec. 9-24.1. Fixing Value.
The inspector is hereby authorized to fix the reasonable value of any housing for the purpose of this division and such value shall be binding, unless the owner protests such value in writing to the inspector within ten (10) days after receipt of an order. Upon such protests, the administrator shall nominate one (1) competent and disinterested person; the protesting party shall nominate one (1) competent and disinterested person; and the two (2) persons so nominated shall nominate a third competent and disinterested person; and the three (3) persons so nominated shall serve as commissioners of appraisal. The said commissioners shall make their appraisal of the value of the housing under consideration, shall return the appraisal to the inspector and the protesting party within ten (10) days after their appointment, and said appraisal shall be binding and conclusive for the purpose of this section. The costs of any such appraisal shall be paid by the protesting party to the inspector at the time of filing the written protest.
Sec. 9-25. Failure to comply with order.
(a) If
the owner fails to comply with an order to repair, alter, or improve, or to
vacate and close the dwelling, the inspector may cause the dwelling to be
repaired, altered or improved or to be vacated and closed; that the public
officer may cause to be posted on the main entrance of any dwelling so closed a
placard with the following words: “This building is unfit for human
habitation; the use or occupation of this building for human habitation is prohibited
and unlawful.” of any deteriorated dwelling or dwelling unit shall fail
to comply with an order of the inspector issued pursuant to this division, the
inspector shall secure the issuance of a warrant charging such owner with a
violation of the minimum standards of fitness established by this chapter, and
shall cause to be served upon such owner another order directing the owner to
repair, alter, or improve the same within a specified period of time, not to
exceed ninety (90) days.
(b)
If such the owner shall fails to
comply with such an order to remove or demolish the dwelling,
the inspector may cause such dwelling to be removed or demolished. The duties
of the inspector set forth in sections 9-25 (a) and (b) shall not be exercised
until the Town Council shall have by ordinance ordered the inspector to proceed
to effectuate the purpose of this article with respect to the particular
property or properties which the inspector shall have found to be unfit for
human habitation and which property or properties shall be described in the
ordinance. No such ordinance shall be adopted to require the demolition of a
dwelling until the owner has first been given a reasonable opportunity to bring
it into conformity with the housing code as allowed by this Division. This
ordinance shall be recorded in the office of the register of deeds in the
county wherein the property or properties are located and shall be indexed in
the name of the property owner in the grantor index. within the time
specified therein, the inspector shall submit to the board of aldermen an
ordinance ordering the inspector to cause such dwelling or dwelling unit to be
repaired, altered, or improved to comply with the minimum standards of fitness
established by this chapter.
If the owner of a
dilapidated dwelling shall fail to comply with an order of the inspector to
vacate and close, and remove or demolish, the same within the time specified in
the order, the inspector shall secure the issuance of a warrant charging such
owner with a violation of the minimum standards of fitness established by this
chapter, and shall submit to the board of aldermen an ordinance ordering the
inspector to cause such dwelling to be vacated and closed, and removed or
demolished, and pending such removal or demolition, to placard such dwelling as
provided by G.S. section 160-184 and section 9-33 of this Code of Ordinances.
Sec. 9-26. Notice of potential removal or demolition.
Whenever a determination is made pursuant to this Chapter that a dwelling must be vacated and closed, or removed or demolished, notice of the Order so directing shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the Inspector in order to allow such organization (s) to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The person mailing such notice shall certify the mailing and the certification shall be conclusive in the absence of fraud.
9-27. Reserved.
Sec. 9-28. Appeals to board of adjustment.
(a) An appeal from any decision or order of the inspector, the public officer referred to herein, or from any inspector delegated with the authority to inspect for compliance with minimum housing standards within the town, or within the redevelopment area of the town, may be taken by any person aggrieved thereby, or by any officer, board, or commission of the municipality to the board of adjustment, whether such appeal is based upon the requirements of this chapter or any supplemental requirements for housing standards contained in the redevelopment plan.
(b) An
appeal from the public officer shall be taken within ten (10) days from the
rendering of the decision of service of the order, and shall be taken by filing
with the public officer inspector and with the board of
adjustment, a notice of appeal, which shall specify the grounds upon which the
appeal is based. All written orders from which an appeal may be taken, issued
pursuant to the terms of this chapter, shall contain a statement thereon that
an appeal therefrom may be taken to the board of adjustment. Forms for use in
giving notice of appeal shall be available in the offices of the inspector.
(c) Upon
filing of any notice of appeal, the public officer inspector shall
forthwith transmit to the board of adjustment all the papers constituting the
record upon which the decision or order appealed from was made.
(d) When
an appeal is from a decision of the public officer inspector
refusing to allow the person aggrieved thereby to do any act, his decision
shall remain in force until modified or reversed.
(e) When
any appeal is from a decision of the public officer inspector requiring
the person aggrieved to do any act, the appeal shall have the effect of
suspending the requirement until the hearing by the board of adjustment, unless
the public officer inspector certifies to the board of adjustment
after the notice of appeal is filed with him, that by reason of the fact stated
in the certificate (a copy of which shall be furnished by the appellant)
a suspension of his requirement would cause imminent peril to life or property,.
iIn which that case the requirements shall not be
suspended except by a restraining order, which may be granted for due cause
shown upon not less than one (1) day's written notice to the public
officer inspector, by the board of adjustment, or by a court of
record upon petition made pursuant to section 9-30.
Sec. 9-29. Hearings before board of adjustment.
The board of
adjustment shall fix a reasonable time for the hearing of all appeals, shall
give due notice to all the parties, and shall render its decision within a
reasonable time. Any party may appear in person or by agent or attorney. The
board of adjustment may reverse or affirm wholly or partly, or may modify the
decision or order appealed from, and may make such decision and order as in its
opinion ought to be made in the matter, and to the end that it shall have all
the powers of the public officer, but the concurring vote of four-fifths (4/5)
or eight (8) members of the board of adjustment shall be necessary to reverse
or modify any decision or order of the public officer or inspector. The board
of adjustment shall also have the power in passing upon appeals, in any case
where there are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of this chapter, to adapt the application of the
chapter to the necessities of the case, to the end that the spirit of the
chapter shall be observed, public safety and welfare secured, and substantial
justice done. The board of adjustment shall make written findings of fact
based upon the evidence before it, and shall state in writing the reason or
reasons for its decision. All proceedings before the board of adjustment
shall be in writing and shall be served upon all parties in interest in the
manner prescribed for the service of other processes or orders under this
article.
Sec. 9-30. Review of proceedings of board of adjustment.
Every decision of the
board of adjustment shall be subject to review by proceedings in the nature of
certiorari as provided by N.C.G.S. Section 160A-4476(e),
and may be stayed as provided by N.C.G.S. Section 160A-4476(f).
Sec. 9-31. Injunction.
In case any dwelling
is erected, constructed, altered, repaired, converted, maintained, or used in
violation of this chapter or of any ordinance or code adopted under authority
of this chapter or any valid order or decision of the public officer inspector
or board of adjustment made pursuant to this chapter, the public officer
inspector or board of adjustment may institute any appropriate action or
proceeding to prevent such unlawful erection, construction, reconstruction,
alteration or use, to restrain, correct or abate such violation, to prevent the
occupancy of the dwelling, or to prevent any continued violation of this chapter
about the premises of the dwelling.
Sec. 9-32. Methods of service of complaints or orders.
Complaints or
orders issued by the inspector shall be served upon persons either personally
or by registered or certified mail; but if the whereabouts of such persons are
unknown and the same cannot be ascertained by the inspector in the exercise of
reasonable diligence, the inspector shall make an affidavit to that effect, and
the serving of such complaint or order upon such person may be made by
publishing the same once each week for two (2) successive weeks in a newspaper
printed and published in the town or circulating in the town. A copy of such
complaint or order shall be posted in a conspicuous place on premises affected
by the complaint or order. A copy of such complaint or order shall also be
filed in the proper office for the filing of lis pendens notices in the county,
and such filing of the complaint shall have the same force and effect as other
lis pendens notices provided by law.
Service of complaints and orders shall be made in the manner required by N.C.G.S. 160a-445 and shall be deemed sufficient when one of the methods allowed by that statute has been followed.
Sec. 9-33. In rem action by inspector; placarding. Reserved.
After failure of
an owner of a dwelling or dwelling unit to comply with an order of the
inspector issued pursuant to the provisions of this article, and upon adoption
by the board of aldermen of an ordinance authorizing and directing him to do
so, as provided by G.S. section 160-184, the inspector shall proceed to cause
such dwelling or dwelling unit to be repaired, altered, or improved to comply
with the minimum standards of fitness established by this chapter, or to be
vacated and closed and removed or demolished, as directed by the ordinance of
the aldermen and shall cause to be posted on the main entrance of such dwelling
or dwelling unit a placard with the following words: "This building is
unfit for human habitation; the use or occupation of this building for human habitation
is prohibited and unlawful."
Sec. 9-34. Costs of lien on premises.
As provided by
G.S. section 160-184, tThe amount of the cost of any
repairs, alterations, or improvements, or vacating and closing, or
removal or demolition, caused to be made by the inspector pursuant
to section 9-33 shall be a lien against the real property upon which such
the cost was incurred, which lien shall be filed, have the same
priority, and be collected as the lien for special assessment provided in
Article 10 of Chapter 160A of the N.C. General Statutes. If the dwelling is
removed or demolished by the inspector, he shall sell the materials of the
dwelling, or any personal property, fixtures or appurtenances found in or
attached to the dwelling, and shall credit the proceeds of the sale against the
cost of the removal or demolition and any balance remaining shall be deposited
in the superior court by the inspector, shall be secured in a manner directed
by the court, and shall be disbursed by the court to the persons found to be
entitled thereto by final order or decree of the court.
Sec. 9-35. Alternative remedies.
Neither this
chapter nor any of its provisions Nothing in this section shall be
construed to impair or limit in any way the power of the town to define and
declare nuisances and to cause their removal or abatement by summary action
proceedings or otherwise,. and the enforcement of any
remedy provided herein shall not prevent the enforcement of any other remedy or
remedies provided herein or in other ordinances or laws.
Sec. 9-36. Violations; penalty. Action to vacate.
It shall be
unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or
refuse to repair, alter, or improve the same, or to vacate and close and remove
or demolish the same, upon order of the inspector duly made and served as
herein provided, within the time specified in such order, and each day that any
such failure, neglect, or refusal to comply with such order continues shall
constitute a separate and distinct offense. It shall be unlawful for the owner
of any dwelling or dwelling unit, with respect to which an order has been
issued pursuant to this article, to occupy or permit the occupancy of the same
after the time prescribed in such order for its repair, alteration, or improvement
or its vacation and closing, and each day that such occupancy continues after
such prescribed time shall constitute a separate and distinct offense.
The violation of
any provision of this article shall constitute a misdemeanor, as provided by
G.S. section 14-4 and shall subject the violator to a fine of five hundred
dollars ($500.00) or imprisonment for not more than thirty (30) days.
If any occupant fails to comply with an order to vacate a dwelling, the inspector may file a civil action in the name of the town to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place not to exceed ten (10) days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided by N.C.G.S. 42-29. The summons shall be returned according to its tenor and if on its return it appears to have been duly served, and if at the hearing the public officer produces a certified copy of an ordinance adopted by the Town Council pursuant to Section 9-25 authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under N.C.G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in N.C.G.S. 7A-228, and the execution of such judgment may be stayed as provided in N.C.G.S. 7A-227. Any action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least thirty (30) days before the filing of the summary ejectment proceeding that the Town Council has ordered the inspector to proceed to exercise his duties to vacate and close or remove and demolish the dwelling.
Secs. 9-37‑‑9-46. Reserved.
Violations; penalty.
It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter or improve the same, or to vacate and close and remove or demolish the same, upon order of the inspector duly made and served as herein provided, within the time specified in such order, and each day that such failure, neglect, or refusal to comply with such order continues and shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling unit, with respect to which an order has been issued pursuant to this article, to occupy or permit the occupancy of same after the time prescribed in such order for its repair, alteration, or improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.
The violation of
any provision of this article Chapter shall constitute a
misdemeanor, as provided by N.C.G.S. section 14-4 and shall subject the
violator to a fine of five hundred dollars ($500.00) or imprisonment for not
more than thirty (30) days.
Sec. 9-38—9-46. Reserved.
This the 25th day of February, 2002.
A BOND ORDER AUTHORIZING THE ISSUANCE OF UP TO $3,800,000 REFUNDING BONDS, SERIES 2002 OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA (2002-02-25/R-6a)
WHEREAS, in August of 1992 the Town issued its Public Improvement Bonds, Series 1992 (the “Series 1992 Bonds”) in an aggregate principal amount of $5,000,000, of which approximately $3,200,000 in aggregate principal amount is outstanding on the date hereof; and
WHEREAS, the Town Council of the Town of Chapel Hill, North Carolina deems it advisable to refund the Series 1992 Bonds by issuing its refunding bonds in an aggregate principal amount of up to $3,800,000; and
WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Local Government Commission approval of the bonds hereinafter described as required by The Local Government Bond Act, and the Secretary of the Local Government Commission has acknowledged that the application has been filed and accepted for submission to the Local Government Commission;
NOW THEREFORE, BE IT ORDERED by the Town Council of the Town of Chapel Hill, North Carolina as follows:
The Town Council of the Town of Chapel Hill, North Carolina has ascertained and hereby determines that it is in the best interests of the Town of Chapel Hill, North Carolina to refund the Series 1992 Bonds.
Section 2
In order to raise the money required to refund the Series 1992 Bonds, in addition to any funds which may be made available for such purpose from any other source, general obligation refunding bonds of the Town of Chapel Hill, North Carolina are hereby authorized and shall be issued pursuant to The Local Government Bond Act. The maximum aggregate principal amount of the bonds authorized by this bond order shall be $3,800,000.
Section 3
A tax sufficient to pay the principal of and interest on said bonds when due will be annually levied and collected.
Section 4
A sworn statement of the debt of the Town of Chapel Hill, North Carolina has been filed with the Clerk to the Town Council of the Town of Chapel Hill, North Carolina and is open to public inspection.
Section 5
This bond order shall take effect upon its adoption.
This the 25th day of February, 2002.
A RESOLUTION CALLING A PUBLIC HEARING ON THE BOND ORDER, DIRECTING PUBLICATION OF A NOTICE OF PUBLIC HEARING AND THE FILING OF A DEBT STATEMENT (2002-02-25/R-6b)
WHEREAS, the bond order entitled:
“BOND ORDER AUTHORIZING THE ISSUANCE OF UP TO $3,800,000 REFUNDING BONDS, SERIES 2002 OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA”;
has been introduced at the meeting of the Town Council held on February 25, 2002 and the Town Council desires to provide for the holding of a public hearing thereon and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, North Carolina, as follows:
1. The public hearing upon said bond order shall be held on the 4th day of March, 2002 at 7:00 p.m. in the Council Chambers at the Town Hall in Chapel Hill, North Carolina.
2. The Town Clerk is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days prior to such public hearing.
3. The Finance Director of the Town of Chapel Hill is hereby directed to file with the Town Clerk prior to publication of the bond order with the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the City and the net debt of the City.
This the 25th day of February, 2002.
A RESOLUTION AMENDING THE TOWN’S POLICY AND PROCEDURES REGARDING PARTICIPATION BY MINORITY BUSINESSES IN THE AWARDING OF BUILDING CONSTRUCTION CONTRACTS (2002-02-25/R-7)
WHEREAS, the Chapel Hill Town Council established, by Resolution 90-3-6/R-2, a policy and verifiable percentage goal for participation by minority businesses in the awarding of building construction contracts; and
WHEREAS, the North Carolina General Assembly, in December 2001, enacted Chapter 496 of the 2001 Session Laws and modified several sections of State Law relating to bid and purchasing practices by local governments; and
WHEREAS, the amendments to State law enacted by the General Assembly in December, 2001, specify certain responsibilities that Local Governments are to assume regarding the recruitment of minority business participation in construction contracts, including:
1. Developing and implementing a minority business participation outreach plan to identify minority businesses that can perform public building projects and implement outreach efforts to encourage minority business participation in these projects.
2. Attending the scheduled pre-bid conferences.
3. At least 10 days prior to the scheduled day of bid opening, notifying minority business that have requested notices form the public entity for public building construction or repair work and minority business that otherwise indicated to the Office of Historically Underutilized Business and interest in the type of work being bid or potential contracting opportunities listed in the proposal. The notification shall include the following:
a. A description of the work for which the bid is being solicited.
b. The date, time, and location where bids are to be submitted.
c. The name of the individual within the public entity who will be available to answer questions about the project.
d. Where bid documents may be reviewed.
e. Any special requirements that may exist.
4. Utilizing other media, as appropriate, likely to inform potential minority businesses of the bid being sought.
5. Requiring bidders to undertake the good faith efforts to the extent required by the Secretary of Administration on projects subject to the new law.
NOW, THEREFORE, BE IT RESOLVED BY the Council of the Town of Chapel Hill as follows:
This the 25th day of February, 2002.
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR PAUL RIZZO J. CONFERENCE CENTER (2002-02-25/R-9)
WHEREAS, the Town Council has received a petition from The University of North Carolina, for expedited processing of a Special Use Permit Modification seeking approval of the Paul Rizzo J. Conference Center Phase II expansion; and
WHEREAS, the Town Council finds that there is a significant public interest associated with the Phase II expansion of the mixed use development;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit Modification for the Paul Rizzo J. Conference Center in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 25th day of February, 2002.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO TRANSMIT COMMENTS ON RECOMMENDATIONS FROM THE APRIL, 2000 PROVISIONAL REPORT OF THE SHAPING ORANGE COUNTY’S FUTURE PROJECT (2002-02-25/R-11)
WHEREAS, the Orange County Manager has requested comments on activities related to implementation of recommendations contained in the April 2000 “Provisional Report and Recommendations” from the Shaping Orange County’s Future Task Force; and
WHEREAS, the Orange County Manager has requested that materials about the Task Force Report be shared with the Chapel Hill Town Council; and
WHEREAS, the Chapel Hill Town Council has received these materials, along with a report from the Chapel Hill Town Manager, dated February 25, 2002, describing key ongoing activities in Chapel Hill that are related to the recommendations of the Task Force;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to transmit the February 25, 2002 “Comments on Recommendations” to Orange County on behalf of the Town Council.
This the 25th day of February, 2002.
A RESOLUTION DENYING THE CHATHAM COUNTY TOGETHER (CCT!) REQUEST FOR COMPLIMENTARY PASSES FOR VOLUNTEERS BASED ON THE ADOPTED USER FEE POLICY (2002-02-25/R-12)
WHEREAS, the Town of Chapel Hill Council annually adopts a User Fee Policy document for use of parks and recreation facilities and programs; and
WHEREAS, the Town has no reciprocal relationship with Chatham County for use of Town facilities; and
WHEREAS, residents of Chatham County have not financially contributed to the construction or maintenance of Town of Chapel Hill recreation and park facilities; and
WHEREAS, the Parks and Recreation Commissions has reviewed the request and provided comment to the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby regrettably denies the Chatham County Together (CCT!) request for complimentary passes for volunteers.
This the 25th day of February, 2002.
A RESOLUTION AMENDING THE COUNCIL CALENDAR TO RESCHEDULE TIMES FOR BUDGET WORK SESSIONS (2002-02-25/R-12.1)
WHEREAS, the Council has expressed interest in varying the start times of Budget Work Sessions to accommodate the schedules of Council Members;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby adopts the following schedule for its remaining Budget Work Sessions:
|
DATE |
TIME |
FORMAL COUNCIL MEETING |
NATURE OF MEETING |
LOCATION |
|
Feb. 27 |
5:30 – 8:30 p.m. |
Yes |
Budget Work Session with Departments |
Chamber |
|
March 1 |
12:00 – 5:00 p.m. |
Yes |
Budget Work Session with Departments |
Chamber |
|
March 6 |
4:00 – 6:00 p.m. |
Yes |
Budget Work Session |
Chamber |
|
April 3 |
5:30 – 7:30 p.m. |
Yes |
Budget Work Session (if needed) |
Chamber |
|
April 24 |
4:00 – 6:00 p.m. |
Yes |
Budget Work Session (if needed) |
Chamber |
|
May 15 |
5:30 – 7:30 p.m. |
Yes |
Budget Work Session (if needed) |
Chamber |
This the 25th day of February, 2002.
A RESOLUTION AMENDING THE COUNCIL’S 2001-2002 MEETING CALENDAR TO INCLUDE A JOINT PLANNING HEARING (2002-02-25/R-12.2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends its 2001-2002 meeting calendar to include April 17, 2002, as a Joint Planning Hearing with Orange County and the Town of Carrboro, scheduled for 7:30 p.m. in the Southern Human Services Center.
This the 25th day of February, 2002.
Item 4i. Council Member Bateman expressed her support for the Resolution because the Special Use Permit had already gone to the Planning Board for review, and completed most of the process when the decision was made that the Council would stop reviewing development proposals. She said this was in all fairness.
Mayor Foy agreed and supported this application.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF SPECIAL USE PERMIT AND ZONING MAP AMENDMENT APPLICATIONS FOR ROSEMARY STREET MIXED USE DEVELOPMENT (2002-02-25/R-10)
WHEREAS, the Town Council has received a petition from Coulter Jewell Thames, for expedited processing of a Special Use Permit and Zoning Map Amendment applications seeking approval of the Rosemary Street Mixed Use Development; and
WHEREAS, the Town Council finds that there is a significant public interest associated with development of the mixed use development;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit and Zoning Map Amendment applications for the Rosemary Street Mixed Use Development in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 25th day of February, 2002.
Item 4g. Jeff Strickland, resident in Glen Lennox Apartments, said that cars had been parking in front of his house overnight and sometimes for days, and it was being used as a park and ride lot but with no permit. He said several residents had to park a half a mile from their house and students were relaying to each other that there was free parking at the Glen Lennox parking lot. He said a “Resident Only” parking permit would be appreciated by the residents.
Mayor Foy said he was concerned about banning parking from Berkley to Rogerson because of the location of the tennis courts. He said Oakwood to Rogerson was a dirt road and people needed to park there to use the park. Mayor Foy recommended that the Town not require parking permits from Oakwood to Rogerson on Berkley.
Council Member Verkerk asked if people wanted to park near the park to play a game of tennis for an hour or two, would they still get ticketed. Mr. Horton said that would be taken into consideration and the staff would try to be understanding.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT ORDINANCE 2a, WITH OAKWOOD BEING SUBSTITUTED FOR ROGERSON. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2002-02-25/0-2a)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-27.8 of the Town Code of Ordinances, “No parking anytime except by residential permit.” is hereby amended by adding the following in appropriate alphabetical order:
“Street Side From To
Berkley Road Both Hamilton Road Oakwood Drive
Brandon Road Both Flemington Road Hamilton Road
Brandon Road South Hayes Road Flemington Road
Douglas Road Both Hamilton Road End
Flemington Road Both Maxwell Road Brandon Road
Flemington Road East Brandon Road A point 300 feet north of
Brandon Road
Hamilton Road Both A point 175 feet A point 850 feet north of
north of Raleigh Road Brandon Road
Hayes Road East Lanark Road Brandon Road
Lanark Road Both Maxwell Road Hayes Road
Maxwell Road Both Hamilton Road Hamilton Road”
Section 2. This ordinance shall become effective May 1, 2002.
This the 25th day of February, 2002.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT ORDINANCE 2b. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2002-02-25/0-2b)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-27.2.2 of the Town Code of Ordinances, “Special parking permit.” is hereby amended by adding the following in appropriate alphabetical order:
“Berkley Road
Brandon Road
Douglas Road
Flemington Road
Hamilton Road
Hayes Road
Lanark Road
Maxwell Road”
Section 2. This ordinance shall become effective May 1, 2002.
This the 25th day of February, 2002.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT ORDINANCE 2C AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2002-02-25/0-2c)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21.27.1 of the Town Code of Ordinances, “No parking during certain hours.” is hereby amended by deleting the following:
“(c) 9:00 a.m. to 4:00 p.m. Monday-Friday
Street Side From To
Hamilton
Road East A point 100 ft. north of the A
point 60 ft. south of
center
of NC 54 the center of Audley Ln.
Hamilton
Road East A point 60 ft. north of the A
point 110 ft. north of
center
of Audrey Ln. center of Audley Ln.”
Section 2. This ordinance shall become effective May 1, 2002.
This the 25th day of February, 2002.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE GLEN LENNOX APARTMENTS MANAGEMENT FOR ISSUANCE OF RESIDENTIAL PARKING PERMITS (2002-02-25/R-8)
WHEREAS, the Town Council approved on-street parking regulations including “no parking anytime except by residential parking permit” on streets in the Glen Lennox area; and
WHEREAS, the Council has determined that it would be most practical and efficient if parking permits in the Glen Lenox area were distributed, in accordance with applicable Town standards, by the management of the Glen Lennox Apartments; and
WHEREAS, the management of the Glen Lennox Apartments has agreed to issue parking permits if so authorized by the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to enter into an agreement with the Glen Lennox Apartment management for issuance of residential parking permits in the Glen Lennox area, which agreement shall include the following and such other requirements as the Manager finds necessary:
a) The parking permit design shall be in accordance with applicable Town standards.
b) The cost of issuing the permits will be paid by the Glen Lennox Apartments.
c) Biannual reports shall be submitted to the Town by the Glen Lennox Apartments management in a form to be approved by the Town Manager.
This the 25th day of February, 2002.
Item 4c. Council Member Strom described a meeting he had attended with one of the Directors of the NCDOT, adding that the Department had a new policy of “context sensitive design” in its efforts to be more responsive to community concerns.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER HARRISON, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE CITIZENS COMMITTEE TO STUDY TRAFFIC SAFETY ISSUES ON WEAVER DAIRY ROAD TO STAND ADJOURNED PENDING FURTHER DIRECTION FROM THE TOWN COUNCIL (2002-02-25/R-4)
WHEREAS, the Committee has submitted a report identifying several short-term traffic safety problems and possible solutions associated with the existing Weaver Dairy Road; and
WHEREAS, the Council has requested that the North Carolina Department of Transportation suspend all planning, including engineering planning, for the future widening of Weaver Dairy Road until such time as the Council reconsiders its earlier decision on the project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Citizens Committee to Study Traffic Safety Issues on Weaver Dairy Road to stand in recess pending further direction from the Council following its reconsideration of the proposed Weaver Dairy Road Improvement Project.
This the 25th day of February, 2002.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE MAYOR SEND A LETTER TO THE NCDOT INQUIRING ABOUT THE POSSIBILITY OF USING WEAVER DAIRY ROAD AS A PILOT FOR ITS “CONTEXT SENSITIVE DESIGN” PRINCIPLE.
Council Member Bateman asked when the discussion would be held about the charges to the Citizens Committee to Study Traffic Safety Issues on Weaver Dairy Road. Mr. Horton said the Council had not yet set a date to take up this issue.
Mayor Foy said the NCDOT had been notified of the Council’s action but the Town had not yet received a formal notice acknowledging receipt and what they would do, and the Town was in a holding pattern. He said the Town did not know if the NCDOT would accept its request. Mayor Foy said the NCDOT might well be receptive to the lower-cost improvement that the Town had requested. Mayor Foy said the motion of Council Member Strom could be part of the mix.
Council Member Wiggins asked if the Council could have a presentation on the “context sensitive design” and what the principles were, noting she wanted more information.
Council Member Harrison said that the NCDOT had been using the concept for projects that had a lot of immediate environmental constraints but had not applied it to an urban project, and it was fairly new to North Carolina.
Mayor Foy suggested that the Council ask for more information and express an interest in having this project being designed in the context.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 5 – Information Reports.
No discussion. The reports were accepted by consensus of the Council.
Item 6 – Acceptance and Referral of the Parks and Recreation
Master Plan Committee’s Report
Andrea Rohrbacher, Vice-Chair of the Parks and Recreation Commission, presented the Parks and Recreation Master Plan Report. She said the Plan was intended to be an action-oriented document for the development of parks and recreation facilities through the year 2011. Ms. Rohrbacher said the Plan was to provide the Town with an accurate, usable tool to guide its actions and decisions concerning:
· New Park and facility development
· Existing facility renovations, expansions and upgrades
· Cooperative efforts in providing recreation needs
· Possible land acquisitions
Ms. Rohrbacher said the Plan did not include programming, classes, activities, and events, adding that they were not part of the scope of the document. She said a seven-member committee worked on the Plan, and the first meeting was held in June 2000. Ms. Rohrbacher highlighted the process:
· The first part of the process involved an inventory and analysis of the existing facilities,
· Next a community needs assessment by holding public information forums and comparisons to national standard data.
· Based on this information recommendations for land and facility requirements are made along with the Implementation Plan, and the way in which park land has been developed and land versus facilities needed to be taken as separate issues in looking at the Plan.
Ms. Rohrbacher said the major recommendations of the Master Plan are:
· To renovate and repair existing facilities
· Acquire additional land where possible
· Partner with other governments to provide additional facilities to meet the recreation needs of the Town over the next 10 years.
Mayor pro tem Evans said she thought there was a short-coming when all of the University land was not put into the mix, and wondered if it could be put into the mix in a more complete way. She said that there were a lot of citizens who used the recreational facilities of the University and a lot of University people who used the public facilities. Ms. Rohrbacher said that when the Committee was doing the plan the consultant felt that the University facilities were restricted to University employees, and the Committee had to push hard for the consultant to put anything about the University facilities into the Plan. She said the consultant felt that the University should not be a part of the Plan.
Mayor pro tem Evans asked if this was a local consultant. Ms. Rohrbacher said it was a consultant from Charlotte.
Mayor pro tem Evans said that the Rainbow Soccer site was part of the University and should be listed in UNC recreation facilities. Ms. Rohrbacher said the consultant told the Committee that he used the list he obtained from the University’s website.
Council Member Bateman asked that the consultant be asked to correct, on page 218, the dimensions of the Town’s one indoor swimming pool.
Mayor Foy said this would come back to a public hearing on April 8, after being reviewed by boards, commissions, and staff for comments, and was scheduled to be considered for action by the Council on May 13.
Mayor pro tem Evans asked what the process would be to ask the consultant to include University facilities. Parks and Recreation Director Kathryn Spatz responded that the UNC facility issue was something that the Joint Master Plan struggled with two years ago, noting it was like a giant footnote in the report and they have not figured out a better way to do it.
Council Member Harrison asked if it was appropriate for him to notify some of the advisory boards, particularly the Bicycle and Pedestrian Advisory Board and the Transportation Board, of some things they might want to look at in the report, and how he should do it.
Mayor Foy said the staff could help by letting the Council know when the meeting would be, but there was no reason why the Council should not let the advisory boards know what the Council’s concerns were. Mr. Horton said the staff would always recommend that the Council send a copy to all of the advisory boards.
Council Member Strom said he wanted to address the issue of the UNC recreational facilities, because he had served on the Joint Parks Force. He added that it would be helpful for the Council to have the specific UNC policy stated, because they had made it a clear policy that the public was not invited to use their facilities.
Council Member Bateman said it was her understanding that the goal in getting this Master Plan was that every time the Town went to apply for State and federal grants the Town got points deducted because the Town did not have a master plan. Mr. Horton said that without a plan the possibility of obtaining grants to pursue development of additional facilities was limited.
Council Member Bateman said when the Town was seeking funds it might be to its advantage not to list the UNC facilities because it would make the Town look “under-parked.”
Council Member Wiggins said she remembered in the past some of the requests for funds were denied because the Town needed a Master Plan to see where it was going, and some things had been put on the back burner because of this.
Council Member Ward said there were a number of University facilities that had an open door policy that the University would admit to and encourage, and the University needed to know that the Town was talking about a broader range of “park and recreational facilities,” than tennis courts or the like.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT RESOLUTION 13.
Mayor Foy suggested an amendment which would also refer it to the Public Arts Commission for comment.
THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ACCEPTING AND REFERRING THE PARKS AND RECREATION MASTER PLAN, TOWN OF CHAPEL HILL, FEBRUARY 25, 2002 AND EXPRESSING THANKS TO THE COMMITTEE (2002-02-25/R-13)
WHEREAS, the Council authorized the Manager to develop a Parks and Recreation Master Plan; and
WHEREAS, the Parks and Recreation Commission created the Parks and Recreation Master Plan Committee to make recommendations related to the Town’s efforts to develop and maintain a park system for a 10-year period; and
WHEREAS, the Parks and Recreation Master Plan Committee has completed and presented its report;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the Parks and Recreation Master Plan, Town of Chapel Hill, February 25, 2002 and refers the report to the Bicycle and Pedestrian Advisory Board, Greenways Commission, Housing and Community Development Advisory Board, Library Board, Parks and Recreation Commission, Planning Board, Transportation Board, the Public Arts Commission and the Town Manager for comments and recommendations.
BE IT FURTHER RESOLVED that the Manager is authorized to make copies of the report available to the Carrboro Board of Aldermen, Intergovernmental Parks Work Group, and Orange County Commissioners.
BE IT FURTHER RESOLVED that the Council expresses its gratitude to John J.B. Anderson, Phillip Berke, Bill Bracey, Mark Broadwell, Dan Costa, Martin Feinstein, Bob Reda and Andrea Rohrbacher, members of the Parks and Recreation Master Plan Committee for their hard work and service to the Chapel Hill community.
This the 25th day of February, 2002.
Item 7 – Assessment of Employee Input for Improving Equal Opportunity
Mr. Horton introduced Mr. Henry McKoy of McKoy and Associates Management Consultants, who had been contracted to conduct diversity training with all Town employees and to conduct a study of the Town’s work environment. Mr. Horton said Mr. McKoy would be leaving in a week to be Director for the Peace Corps, overseeing Africa, and he expressed his regret that Mr. McKoy would be leaving.
Mr. McKoy said that the objectives of the study he had conducted were:
· To acquire information regarding perceptions of equal opportunity within the Town’s workforce.
· To strengthen the Town’s efforts to promote an environment of fairness.
· To gain insights and ideas on ways the Town can ensure equality of opportunity.
Mr. McKoy said the survey consisted of 19 questions and of the 368 respondents completing the survey, 281 were useable for the purpose of analyzing the study. He said the remaining questionnaires were not utilized due to incomplete information on the demographic part of the survey.
Mr. McKoy discussed the Assessment Instrument, noting that each statement had a possible answer of: strongly agree, agree, disagree, strongly disagree, don't know. Mr. McKoy reviewed the questions:
1. Every citizen regardless of race or ethnicity has an equal opportunity to be employed if they meet the qualifications.
2. Males and females have the same employment opportunities to be employed in our workplace if they meet qualifications.
3. All employees regardless of age have equal opportunity when it comes to hiring for positions for which they qualify.
4. Reasonable accommodations are made to provide equal opportunity for employment for the disabled.
5. Women of Color and Caucasian women have the same opportunity if they meet the qualifications for the job.
6. Men of Color and Caucasian men have the same opportunity if they meet the qualifications for the job.
7. An individual’s sexual orientation does not affect his/her employment opportunities with the Town.
8. Employees are treated fairly in promotional decisions.
9. An employee is likely to be treated fairly in our workplace regardless of his/her religious affiliation.
10. I feel that I can openly discuss issues of unfairness with management
· Supervisor
· Department Head
11. Derogatory actions based on sexual orientation in our workplace;
· I have not seen it occur
· I have seen it happen to others
· I experienced it personally
12. Derogatory Treatment based on race in our workplace:
· I have not seen it occur
· I have seen it happen to others
· I experienced it personally
13. Sexual harassment in our workplace:
· I have not seen any harassment
· I have seen it happen to others
· I experienced it personally
14. On a scale of 1 – 10 please rate the degree to which you feel you have promotional opportunity with the Town.
15. On a scale of 1 – 10 please rate the degree to which you feel you are treated with respect within your department.
16. The Town strives to promote fairness to all employees and to be a good employer. What is one observation/thing that you have noticed which demonstrates that this is a true statement.
Mr. McKoy stated that questions 17 through 19 are open-ended questions:
17. There are current issues and challenges which arise from time to time as our workforce grows and becomes more diverse. This section asks for your input in listing actions which would help you in doing your job.
18. In terms of ensuring equal opportunity for all, what are two key issues or concerns that you feel should be addressed by the Town in your opinion?
19. The prior questions may not have addressed a primary concern or recommendation regarding fairness and equality of opportunity in the workplace. Please use this section to offer additional input, suggestions or insights which you believe will ensure fairness and equity in the Town’s workplace.
Mr. McKoy turned the attention to the Survey Findings:
· Every question was asked in the affirmative.
· All “agree” and “strongly agree” answers were combined.
· All results were broken down into answers according to the percentages for answers in all questions by gender and race.
· Departmental exceptions were indicated for each question.
· There is a growing feeling with white males that they are not being treated fairly.
· There is a perception that people cannot talk with management.
· People sometimes do not perceive themselves to be unfair or are seen by others as being unfair
Summary Observations:
· For statement #8: employees are treated fairly in promotional decisions, the majority of the respondents believe that all groups will be treated fairly.
· For statement #10: While a majority of respondents believe they can openly discuss matters of unfairness with management, a significant number believe they cannot.
· For question #14: the majority of respondents rated their prospects highly for the overall group. Black female responses show that they are less likely as others in the study to perceive a high belief about promotional opportunity for themselves.
· For #12 on race and #13 on sexual harassment, most respondents indicate they have not seen it occur, yet a considerable number indicate as their response, “I have seen it happen to others.”
· In conclusion, for the overall study, respondents rated Chapel Hill as a fine place to work and they perceive the Town as a fair place to work. For each affirmative statement about the workplace, a majority agreed. Those statements, where respondents indicated disagreement are identified in the study. This study offers the Town an opportunity to identify positive areas as well as potential improvements that will lead to ensuring an environment of fairness throughout the workplace.
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE to provide AN affordable housing option to the regulation requiring that a percentage of homes in new residential developments be below a particular size (2002-02-25/O-3d)
WHEREAS, the Council of the Town of Chapel Hill adopted an amendment to the Chapel Hill Development Ordinance in 2000 to impose restrictions on the size of new dwelling units in new residential subdivisions and Planned Developments; and
WHEREAS the Town Council has considered amendments to provide affordable housing options to that maximum house size requirement, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
“13.11.1 Substitution of Affordable Housing for Floor Area Restrictions
With the approval of the Council, for a major subdivision or a Planned Development-Housing proposal with 13 or more single-family or two-family lots, an affordable housing component, as defined below, or an affordable housing payment, as defined in Section 13.11.2, may be substituted for the floor area restrictions described in Section 13.11.
The affordable housing component shall provide initial and continued affordability of at least 15% of the dwelling units. The dwelling units shall be affordable to individuals and families who have incomes at or below 80% of the area median income. Restrictive covenants shall be recorded with the dwelling unit(s) to ensure the continued and ongoing affordability of the dwelling unit(s).
The minimum number of affordable units shall be determined as described in Section 13.11 with the number of units based on the permissible units on each lot and with resulting fractions dropped.
The subdivision preliminary and final plats and the Planned Development-Housing proposals minor subdivision plats shall indicate clearly each lot on which an affordable unit must be constructed, and the builder, developer and purchaser shall be bound by the restriction. The recorded plat shall cross-reference the restrictive covenants.”
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That these amendments shall become effective upon adoption.
This the 25th day of February, 2002.
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR LARKSPUR CLUSTER SUBDIVISION (2002-02-25/R-14a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Larkspur Cluster Subdivision, proposed by Cazco Inc., on the property identified as Chapel Hill Township Tax Map 18, Lots 14 and 14A, if developed according to the preliminary site plan dated May 1, 2001, revised July 10, 2001 and October 29, 2001, and the conditions listed below, would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance:
1. The tract proposed for cluster development is at least two (2) acres in size;
2. Public, separate water supply and sewerage connections are available for every subdivided lot;
3. The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district;
4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and
5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, combined with the minimum recreation area reservation required in Subsection 17.9.7.
These findings are based on the following:
1. That this approval shall authorize the creation of 86 single-family lots, two private recreation areas and three opens spaces areas.
2. Floor Area Restrictions: That unless noted otherwise, the provisions of Section 13.11, “Major Subdivision and Planned Development-Housing floor Area Restrictions” shall apply to this development. That the final plans and plats shall indicate the specific lots and floor area restrictions for each lot on which size limitations are placed.
3. Affordable Housing: That the applicant may substitute an affordable housing component for the Floor Area Restrictions regulations in accordance with Section 13.11.1 of the Development Ordinance. That the following concerning Affordable Housing shall apply to this development:
· The affordable housing component shall provide initial and continued affordability of at least 15% of the dwelling units. The dwelling units shall be affordable to individuals and families who have incomes at or below 80% of the area median income. Restrictive covenants shall be recorded with the dwelling unit to ensure the continued and ongoing affordability of the dwelling unit. The restrictive covenants shall be approved by the Town Manager and recorded concurrently with the final plat(s).
· The minimum number of affordable units shall be determined as described in Section 13.11 with the number of units based on the permissible units on each lot and with resulting fractions dropped.
· The subdivision final plat(s) shall be approved by the Town Manager and shall indicate clearly each lot on which an affordable unit must be constructed, and the builder, developer and purchaser shall be bound by the restriction
4. Affordable Housing Lots: That the submission of the final plans and final plats shall include an affordable housing component. The final plans and plats shall identify the following as lots on which an affordable unit must be constructed: Lots 3, 4, 5, 6, 25, 26, 31, 32, 23, 34, 49, 50, and 51.
5. Internal Streets/Sidewalks: That all internal streets are constructed to the following design standards:
|
Street Name |
Right-of-Way Width |
Street Width-Back of Curb to Back of Curb |
Sidewalks |
|
Ross Place |
50 feet |
25 feet |
None |
|
Bodega Court |
50 feet |
25 feet |
One Side |
|
Paradise Court |
50 feet |
27 feet |
One Side |
|
Simi Valley Road |
50 feet |
31 feet |
One Side |
|
Larkspur Way (north of Hunter Hill Road) |
50 feet
|
31 feet |
One Side |
|
Larkspur Way (south of Hunter Hill Road) |
60 feet |
35 feet |
Two Side (except on the west side south of Lot 6) |
6. Hunter Hill Road Bollards: That in lieu of a full access public street, the final plan and plat include a 12-foot paved emergency vehicle driveway with bollards, also capable of bicycle and pedestrian access, between larkspur Way and Hunter Hill Road, in Northwood Subdivision.
7. Homestead Road/Weaver Diary Road Traffic Signal: That a payment-in-lieu of $15,000 shall be provided for a traffic signal at the Homestead Road/Weaver Dairy Road intersection prior to issuance of a Zoning Compliance Permit. In the event that the traffic signal is not installed after 10 years (from the date that the payment-in-lieu is received by the Town), then the payment shall be refunded upon request by the developer.
8. Weaver Dairy Road Construction: That the portion of Weaver Dairy Road, as approved on the final plans for Northwood V Phase II, be completed prior to the issuance of the second Certificate of Occupancy.
9. Right-of-Way Dedication to the Greene Tract: That the final plans and plat include the dedication of a public right-of-way between Larkspur Way and the eastern edge of the railroad right-of-way, near the southern end of Larkspur Way. That the final location of the right-of-way shall be reviewed and approved by the Town Manager prior to recordation with the Orange County Register of Deeds.
10. Minimum Recreation Requirements: That a minimum of 12.74 acres of recreation area shall be provided for this development. Within this area the applicant shall dedicate public easements for the “Rail Trail” and the pedestrian trail. The applicant or Homeowners’ Association shall remain responsible for the recreation area, unless and until the Town assumes responsibility.
11. Dedication of Recreation Areas: That the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners’ Association the 12.74 acres identified as “Private Recreation and Open Space Areas A and B.” These documents shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross-referenced on the final plat.
12. Dedication of “Rail Trail Easement”: That prior to the recordation of a final plat, the applicant shall dedicate to the Town a blanket construction, maintenance, and access greenway easement for the University Southern Railroad “Rail Trail.” The easement shall permit access for pedestrians, non-motorized vehicle use, and motorized wheelchairs. Unless determined otherwise by the Town Manager, the blanket easement shall encumber the entire 11.34-acre tract identified as “Private Recreation and Open Space Area A.” The easement document and boundary shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross-referenced on the final plat.
13. “Rail Trail” Construction: That except as note below, the Town shall be responsible for constructing and maintaining the “Rail Trail” between the southern and northern property line. The applicant shall be responsible for constructing the following portion of the “Rail Trail;”
· Approximately 200-feet of the “Rail Trail” where Larkspur Way comes closest to the railroad tracks. Location and length of this improvement shall be determined by the Town Manager.
The construction by the applicant shall include grading and stabilization of the trail bed only. This portion of the trail bed shall be a minimum of 16-feet in width and meet all AASHTO standards for construction of a bicycle facility. The construction of Larkspur Way shall include this trail improvement.
14. Dedication of Pedestrian Easements: That prior to the recordation of a final plat, the applicant shall dedicate to the Town, public pedestrian access easements at the following pedestrian trails:
a) The pedestrian trail south of Lot 65 (pedestrian access only);
b) The pedestrian trail at the end of Paradise Court (pedestrian access only); and
c) The pedestrian trail north of Lot 35.
The pedestrian easement for (c) shall permit Town maintenance and public access for pedestrians, and non-motorized vehicle use, and motorized wheelchairs. At a minimum this easement shall be 16-feet in width and shall intersect with the “Rail Trail.”
The easement documents and boundaries shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross referenced on the final plat.
15. Pedestrian Trail Construction: The that applicant, or Homeowners’ Association, shall be responsible for the entire construction and maintenance of the following pedestrian trails:
a) The pedestrian trail south of Lot 65;
b) The pedestrian trail at the end of Paradise Court; and
c) The pedestrian trail in the “Private Recreation and Open Space Area B.”
Pedestrian trail (a) and (b) shall be constructed as a natural 2 to 3 foot wide footpath, involving minimal land disturbance. Instead of constructing trail(s) (a) or (b), the applicant may provide a payment-in-lieu, in an amount to be determined by the Town Manager.
The applicant shall be responsible for construction of a portion of the following pedestrian trail;
d) The pedestrian trail north of Lot 35.
The portion of this trail constructed by the applicant shall include approximately 200 feet of the trail. Location and length of this improvement shall be determined by the Town Manager. Construction by the applicant shall include grading and stabilization of the trail bed only. This portion of the trail bed shall be a minimum of 16-feet in width and shall meet all AASHTO standards for construction of a bicycle facility. The construction of the adjacent stormwater basin shall include this trail improvement
16. Relocate Lot Lines outside the Resources Conservation District: That no residential lot, residential lot line or portions thereof shall be located within the Resource Conservation District.
17. Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plat and plan. A note shall be added to all final plats and plans, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Development Ordinance.”
18. Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or Final Plan approval for the subject phase(s) of development.
19. Buildable Lots: That no lot be created that would require a Resource Conservation District Variance in order to be built upon.
In addition, for each lot it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25% or greater, water quality vegetated buffers, other required landscape buffers, easements, and any applicable building setback limits.
20. Construction Standards: That for encroachment(s) into the Resource Conservation District, including the Eubanks Road pump station project, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance and all other applicable Resource Conservation District regulations must be adhered to, unless the application is granted administrative exemptions from sub section 5.8.
All required erosion control sediment basins and stormwater improvements, outside the public right-of-way, including associated clearing and grading be located entirely outside of the Resource Conservation District. That all grading associated with the construction of a residence be located entirely outside of the Resource Conservation District.
21. Steep Slopes: That each submittal for Final Plan approval shall include a map showing lots and street segments on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in the Development Ordinance:
· for slopes of 10 - 15%, site preparation techniques shall be used which minimize grading and site disturbance;
· for slopes of 15 - 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and
· for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.
Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Development Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate. These restrictions shall be referenced in the Homeowners’ Association documents.
22. Required Landscape Bufferyard: That, unless the Community Design Commission approves alternate bufferyards, the following landscape buffers are required for this subdivision:
· Type “D” landscape bufferyard (minimum 30-foot width) along the property’s frontage with Weaver Dairy Road and along the University Southern Railroad right-of-way;
· Type “C” landscape bufferyard (minimum 20-foot wide) along the north property line, adjacent to the property zoned Mixed-Use Office/Institutional-1; and
· Type “C” landscape bufferyard (minimum 40-foot wide) in “Open Space Areas M and N.”
23. Community Design Commission Approval: That the Community Design Commission shall approve any proposed alternate landscape bufferyards, prior to the issuance of a Zoning Compliance Permit.
24. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Landscape Protection Plan shall include tree protection fencing between infrastructure construction and existing vegetation to be retained in the following locations:
a) The required landscape bufferyards;
b) The land designated for open space and recreation areas;
c) Adjacent to any construction within the Resource Conservation District; and
d) Between construction and all rare and specimen trees.
That all tree protection fencing shall be installed at a distance from the base of the tree equal to at least one foot per dbh.
25. Landscape Planting Plan: That a Landscape Planting Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan must indicate how the required bufferyards will meet the minimum landscape planting standards. The Landscape Planting Plan shall also include a plant list, indicating type, size and number of proposed plant.
26. Homeowners’ Association: That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.
Stipulations Related to Water, Sewer, and Other Utilities
27. Relocation of Sewer Line: That sewer main, proposed behind lots 35-47, shall be relocated into the street right-of-way, subject to approval of the Orange County Water and Sewer Authority.
28. Eubanks Road Pump Station: That prior to the issuance of a Zoning Compliance Permit, final plans for the installation of the pump station on Eubanks Road and the off-site sewer infrastructure necessary to provide service for this proposed subdivision be reviewed and approved by the Town Manager and OWASA.
29. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
30. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. That the final plat shall be approved by OWASA prior to Town approval.
31. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.
32. 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.
33. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, unless modified by the Town Manager.
34. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant submits a Stormwater Management Plan for review and approval by the Town Manager. The plan 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. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards. All stormwater management improvements outside public right-of-way must be located within reserved storm drainageway easements and shall not be permitted within approved bufferyard areas.
35. Best Management Practices: That the applicant submits proposals of Best Management Practices (BMP’s) features to intercept and treat stormwater runoff from developed areas. Final design and locations shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. These features shall not be permitted within approved bufferyard areas.
36. Storm Drainage Inlets: That all public and private stormwater drainage curb hood/covers shall be pre-cast stating, “Dump No Waste! Drains to Jordan Lake”, in accordance with the specifications of the Town Standard Detail SD-5A.
37. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the Construction Management Plan specify that no construction vehicles serving this site may use any existing streets within the Northwood subdivision.
38. Solid Waste Management Plan: That a Solid Waste Management Plan, and a plan for managing and minimizing construction debris, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
39. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit under this Article.
40. 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.
41. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
42. Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.
43. 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.
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.
44. 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.
That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
45. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
46. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
47. Construction Sign: That the applicant post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background
48. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
49. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Preliminary Plat for the Larkspur Cluster Subdivision in accordance with the plans and conditions listed above.
This the 25th day of February, 2002.
A RESOLUTION REGARDING COLONIAL HEIGHTS NEIGHBORHOOD (2002-02-25/R-15)
WHEREAS, the Town Council has received a petition raising concerns about the condition of a property located at 717 Williams Circle in Chapel Hill; and
WHEREAS, the petition also raises concerns about potential impacts of subdivision of single lots in this neighborhood into two lots;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the Town Manager to prepare a report on the feasibility of initiating a rezoning action for the Colonial Heights neighborhood that would serve to help preclude future subdivision of single lots into two lots.
This the 25th day of February, 2002.