MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN

OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, JULY 6, 1993 AT 7:30 P.M.

Mayor Broun called the meeting to order.  Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Barbara Powell, Alan Rimer (arrived at 8:25 p.m.) and Arthur Werner.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Broun said a proposed resolution to honor the efforts of the Cleanscape litter control program was before the Council.  Council Member Brown noted that Cleanscape had conducted a local litter control campaign using volunteers since 1986 and expressed her appreciation to the group.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT A RESOLUTION RECOGNIZING THE EFFORTS OF THE CLEANSCAPE PROGRAM.

Council Member Andresen expressed thanks to Cleanscape for its efforts.

THE RESOLUTION OF APPRECIATION WAS ADOPTED UNANIMOUSLY (8-0).

Cleanscape representatives in attendance were recognized and received thanks from the Mayor and Council.

                       Item 3  Petitions

Mayor Broun noted that the Bicycle Advisory Committee had submitted a petition concerning the membership and structure of the Committee.  Council Member Capowski requested that the staff follow-up report contain information on the Committee's membership and the amount of staff support time given to the Committee.  Council Member Andresen said it was a good idea to review the committee's membership.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE PETITION TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Ginny Turner said she had presented a petition to the Council in May requested a ban on roosters.  Ms. Turner stated that her family was unable to use their porch and back yard due to offensive odors from nearby chicken coops.  She also expressed concern that prospective property purchasers might be dissuaded by the fact that roosters and chickens were being kept next door.  Ms. Turner presented a petition to the Mayor and Council requesting that the Town prohibiting the keeping of farm animals within Town limits.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER MS. TURNER'S PETITION.

Council Member Herzenberg said the matter was a private one which might be resolved by the Dispute Settlement Center.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Broun said it appeared that the Local Government Commission would deny the Town's request for a water and sewer sales tax exemption.  He noted that the Town had requested and received a deferral of the exemption request until the fall.  Council Member Werner inquired about budgetary implications of this action.  Mayor Broun said there were no budgetary implications.  Council Member Werner asked whether any criteria had been outlined to determine when problems were resolved.  Mayor Broun stated that the Local Government Commission Chairperson had expressed a preference to work problems out as soon as possible.  Mr. Horton said the staff hoped that the Division of Environmental Management would give an affirmative recommendation concerning the Town's exemption request. Council Member Andresen suggested that the Council consider establishing a committee composed of neighborhood, Town and OWASA representatives to address sewer service problems.  Mayor Broun expressed hesitance at taking this approach until OWASA had outlined its proposed plan of action.  Council Member Andresen emphasized the need to make significant progress by September.

Council Member Werner emphasized the importance of concentrating on short-term public health concerns.  Mayor Broun suggested that the Manager and Town staff work with OWASA staff before initiating a Council/OWASA neighbor committee.  Council Member Andresen emphasized the importance of maintaining open communications with neighbors and the Division of Environmental Management.  Mayor Broun said he anticipated the need for a work group in the future.  Council Member Capowski suggested that the Council recruit possible committee members prior to the August 23rd Council meeting.  Mayor Broun said the Council could begin formulating a committee in the interim.  Council Member Werner urged the Council to begin thinking about a charge for the committee.  Mayor Broun said the staff could present a report on a possible committee structure at the August 23rd Council meeting.  Mr. Horton said staff could present some options on the possible committee structure and charge.  Council Member Powell suggested that the committee could have representatives from neighborhoods not experiencing sewer service problems.  Mayor Broun said Town staff would work with OWASA staff in the intervening period.

Noting that a number of major Town facilities would be completed soon, Council Member Werner requested a status report from the Facilities Naming Committee in August or September.  Council Member Herzenberg said the committee would make a report to the Council.

Council Member Brown expressed concern that only three women, three minorities and one environmental activist had been appointed to the Triangle J Council of Governments Leadership Council.  She requested that the Mayor communicate these concerns to the Triangle J Council of Governments.  Council Member Werner inquired who was making appointments to the committee.  Mayor Broun said he was not certain.  Council Member Brown said she was interested in knowing the Committee's charge and appointment process.  Mayor Broun said he would forward a letter to the Triangle J Council of Governments outlining these concerns.

Council Member Powell suggested that the Council consider starting longer meeting agendas at an earlier time.  Mayor Broun said this matter could be further discussed at the Council's August 30th planning retreat.

Council Member Herzenberg noted that there was currently a bill in the legislature (House Bill 957) restricting local government regulation of smoking in public places.  He stated that Wake County had recently adopted a comprehensive smoking restrictions ordinance and asked the staff to look at it.  Mayor Broun noted that he had forwarded a letter to the local legislative delegation expressing concern about the proposed bill.

Council Member Herzenberg requested that the staff look into the possibility of providing free fifteen minute meter parking in the downtown area.

                Item 4  Boards and Commissions

OWASA Board Appointment

Council Member Chilton said the Mayor's Committee on OWASA Matters unanimously recommended the appointment of Council Member Andresen to fill the vacancy created by the resignation of Eva C. Metzger. Council Member Capowski said it gave him great pleasure to recommend the appointment of Council Member Andresen to the OWASA Board.  He noted Council Member Andresen's eight years experience as an elected official and her professional expertise in wastewater matters.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT COUNCIL MEMBER ANDRESEN TO THE OWASA BOARD OF DIRECTORS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Werner thanked Council Member Andresen for her willingness to serve as the Council's OWASA Board liaison.

Staggering of Design Review Board Terms of Office

Mr. Horton stated that the Design Review Board had recommended the staggering of terms in response to the Council's earlier request.  He noted three terms would expire in June, 1996 under the terms of the Design Review Board's recommendation.  Mr. Horton said an alternate recommendation was a true staggering of terms whereby two terms each would expire in 1994, 1995 and 1996.  Council Member Werner suggested that the matter be referred back to the Design Review Board for their recommendation concerning staggering of two members terms each year.  Mayor Broun said this appeared to be a neater approach.  Mr. Horton stated that staff could take the matter back to the Design Review Board.

         Item 5  Proposed Southern Village Development

Planning Director Roger Waldon presented an overview of the proposed master land-use plan application.  He noted that the applicant was also requesting two rezonings and two special use permits for the development.  Mr. Waldon stated that Fan Branch was a primary geographic feature of the site.  He said that the developer was attempting to create a village-like atmosphere, with smaller lots, slightly narrower streets and a commercial village core, similar to the scale of store fronts on Franklin Street.  Mr. Waldon stated that a bikeway path and greenway trail were proposed along Fan Branch.

Mr. Waldon said there were several main issues for additional discussion:  stormwater management, the provision of recreation areas and the provision of a more extensive bikeway path.  He noted that the developer had agreed to provide stormwater facilities on site once five hundred units were completed.  Mr. Waldon also said the applicant had agreed to provide recreational facilities and to build a bicycle bridge across Morgan Creek, with the bikeway trail terminating at Purefoy Road.  He said staff recommended approval of the proposed master land-use plan.

Council Member Brown inquired about the size of the proposed grocery store.  Council Member Brown said she thought the proposed store would be much smaller than a standard supermarket.  Mr. Waldon said this was correct, noting that a store of 15,000 square feet, rather than 40,000 to 55,000 square feet, was proposed. Council Member Andresen inquired about the timing of the proposed Southern Villages rezonings within the context of rezonings for the overall southern small area plan.  Mr. Waldon noted that the rezoning proposal had been under consideration for some time and the developer was actively attempting to market the land parcels. Council Member Werner inquired about the proposed bikeway orientation.  Mr. Waldon briefly outlined the original and updated bikeway proposals.  Council Member Werner inquired whether bridge improvements or restriping of Fordham Boulevard would be needed for the bikeway.  Mr. Waldon said no restriping or bridge widening would be necessary to accommodate the proposed bike path.  Noting the area's topography, Council Member Capowski inquired about the practicality of left turns along the northern part of Morgan Creek. Mr. Waldon said although a steep climb was involved, turns could be accommodated.  Council Member Capowski inquired about the possibility of having a bicycle path to Smith Level Road.  Mr. Waldon said the staff hoped this would be possible in the future.

Council Member Brown requested additional details concerning funds for the proposed lake.  Mr. Waldon said the developer would be asked to provide $340 per unit compared to an estimated prorata share of $500 per unit.  Council Member Brown asked whether sufficient funds would be available to complete the lake, if necessary.  Mr. Waldon noted that no construction beyond 500 units could occur if the lake were not completed.  Council Member Capowski inquired who would administer the escrow fund for construction of the lake.  Mr. Waldon said that three parties might need to access the funds:  the current developer, a subsequent developer or the Town.  He stated that the fund would be structured so it could be accessed by any one of these three parties.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER TO ADOPT RESOLUTION 2A.

Council Member Werner said Southern Village was the largest and most complex development ever considered by the Council.  Council Member Werner noted that his personal concerns about stormwater management, recreation areas and bicycle paths had been addressed. Council Member Andresen said she thought the proposed master plan was a good one.  Noting that the developer had been responsive to the Council's concerns, Council Member Andresen said she believed the Council should approve the proposed master land-use plan. Council Member Rimer said the developer had proposed a reasonable set of compromises which would serve the Town well in the future. Council Member Capowski emphasized the importance of controlling densities in the southern area of the Town.  He said the proposed compromise for financing of the lake was a reasonable one.  Council Member Capowski also expressed the Council's appreciation to William B. Sparrow for his donation of a land parcel at the end of Clearwater Road.

RESOLUTION 2A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A MASTER LAND USE PLAN FOR THE SOUTHERN VILLAGE (MLUP 126-A-4) (93-6-28/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Master Land Use Plan proposed by Bryan Properties, Inc.,on property identified as Chapel Hill Township Tax Map 126, Block A, Lots 4, 4K and 20; and Tax Map 122, Block B, Lots 8M and part of Lot 8B, if developed according to the Master Plan, Sheet MP-1, stamped "received March 2, 1993", the general principles outlined in the "Traditional Neighborhood Design Guidelines" (submitted by the applicant and subject to the revisions listed in a condition below), and the conditions listed below, would:

1.   Maintain the public health, safety and general welfare;

2.   Maintain or enhance the value of contiguous property; or be a public necessity; and

3.   Conform to the Comprehensive Plan.

These findings are conditioned on the following:

           Stipulations Specific to the Development

1.   Application Deadline:  That an application for a Special Use Permit for development of at least one phase be accepted by the Town Manager by  June 28, 1995 or the above Master Land Use Plan shall automatically expire.

2.  Land Uses: 

     a.   Land uses within the various districts (Village Core Storefront, Village Green Entranceway Transition, Village Green, Neighborhood District, and Village Core Apartment District) must be limited to those described in the uses shown on the Master Plan (and included in the Neighborhood Guidelines) submitted by the applicant and Subsection 12.3 (schedule of uses) of the Chapel Hill Development Ordinance.

          In a case where the Master Plan and Neighborhood Guidelines list a use not included in a particular zoning district according to Subsection 12.3, the use shall not be permitted.  Uses shall be in accordance with those defined in Article 2 of the Development Ordinance.

     b.   That the south central square in the Village Storefront District may be used for a fire station but for no other drive-through use.

3.   Accessory Dwelling Units:  Than an accessory dwelling unit may be constructed only on a residential lot at least 50 feet wide, with provision for at least 2 parking spaces on the lot, behind the primary dwelling unit.  This restriction shall also be included in the restrictive covenants for the development.

4.   Limit on Number of Dwelling Units:  That no more than 1,388 dwelling units shall be allowed for the development.  This total number of dwelling units includes, but is not limited to, dwelling units in single-family homes, two-family homes, accessory apartments, townhomes, and apartments.

5.   Stormwater Management Plan:  That a general stormwater management plan for the entire site be submitted for review with the final plans for the first phase of development.  A detailed stormwater management plan, based on the Town's Hydros program, shall be submitted with each Final Plan application for approval by the Town Manager.  Stormwater management plans shall be approved by State and Federal agencies if so required.

     (Cross-reference:  Stipulation #12 also pertains to stormwater management.)

6.   Transportation Management Plan:  That prior to issuance of a Zoning Compliance Permit for any portion of the proposed office or commercial uses, the applicant prepare, for approval by the Town Manager, a Transportation Management Plan.  This Transportation Management Plan shall include provisions to reduce automobile traffic and encourage the use of alternative modes of transportation.

7.   Preservation of Existing Cemeteries and Graves:  That the existing cemeteries be preserved in the two "green areas" in the northeast tract as shown on the plans, and that all federal and State regulations regarding preservation of, relocation of, and development around gravesites be complied with; and that ownership, maintenance responsibilities for the cemeteries be included in the establishment of a property owners' association.

8.   Ownership and Responsibilities of Common Areas:  That owners' association(s) be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas.  All property owners, excluding governmental bodies, must be represented in the owners' association(s). The owners' association(s) may have maintenance responsibilities for development elements which affect the entire development, including the stormwater management facility. 

     In addition, separate neighborhood association(s) and owners' association(s) for the Village Core Storefront District  shall be created for the maintenance and regulations of the residential and commercial areas.  The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit for the first phase of development.

     The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks, the existing cemeteries, and the perimeter buffers.  These entities shall also be responsible for any "add-on fees" charged by Duke Power for special street lighting.

9.   Water and Sewer Line Extensions:  That preliminary utility extension plans be reviewed and approved by OWASA as part of the final plans for the first phase of development.  Thereafter, prior to issuance of a Zoning Compliance Permit for any phase of development, OWASA and Town Manager approval of detailed phase-specific utility extension plans must be obtained.  The plans may include water and sewer line construction both off-site and on-site.

     Where possible, sewer lines shall be located outside the greenway system and placed within street rights-of-way.

10.  Required Improvements:  The sequence and extent of the following improvements, unless otherwise noted, shall be determined with approval of subsequent Special Use Permit(s) for the phases of development, according to the relative scale and impact of each phase.

     a.   That one-half of a 120-foot right-of-way along the Highway 15-501 frontage be dedicated, with additional right-of-way dedicated at the project entrances off Highway 15-501 if determined to be necessary by the Town Manager.  The entire dedication shall occur prior to issuance of a Zoning Compliance Permit for the first phase of development. 

     b.   That the developer reserve (not dedicate) a 100-foot right-of-way along the southwest property line (west of Fan Branch) for the Laurel Hill Parkway Corridor until such time as the Thoroughfare Plan is amended by the N.C. Board of Transportation to remove Laurel Hill Parkway and the Council adopts a resolution releasing this right-of-way reservation.

     c.   That the developer shall install a traffic signal or shall provide a signal payment-in-lieu to the Town for the intersection of Highway 15-501 and the proposed southern entrance to the village.  The signal must be installed or payment-in-lieu made by the developer prior to issuance of a Zoning Compliance Permit for any phase of development using this intersection for primary access, including the proposed park/ride lot.

     d.   That the developer add a left turn lane and a right hand deceleration/turn lane on Highway 15-501 at each of the two proposed entrances into the village from Highway 15-501.

     e.   That three lanes be provided at each entrance off Highway 15-501 - one lane into the development, one lane for right turns onto Highway 15-501, and one left turn lane onto Highway 15-501.

          The right-of-way and pavement width at the southern entrance shall be wide enough to accommodate an additional left turn out onto Highway 15-501 at the southern entrance. 

          The right-of-way width at the northern entrance shall be wide enough to accommodate a fourth lane.

     f.   That sidewalk be installed on at least one side of each public street (except the alleys).

     g.   That the applicant provide an asphalt pedestrian/bicycle path, sections of which would be within the greenways and recreation areas along Wilson Creek and Fan Branch, and along Morgan Creek.  The Greenway shall be deeded to the Town and shall contain a pedestrian, non-motorized vehicle easement.

          Asphalt paths shall be provided from the southern property line, extend through the village site, extend beyond the northern property line, under Culbreth Road (or as a surface crossing on Culbreth Road), over Morgan Creek, parallel to Morgan Creek (north side) to a point on the east side of the Highway 15-501 bridge, and join South Columbia Street.

          A paved path suitable for bikes and pedestrians shall be extended from the Morgan Creek bridge north approximately 600 feet to Purefoy Road, subject to approval by NCDOT, and subject to approval by private property owners, if applicable.

          The location, width, and design/construction standards for the paths are to be approved by the Town Manager.

     h.   That the greenways shown on the plans, the primary public greens in the Village Core Storefront District, public parks, public recreation areas, and community recycling center(s) be dedicated and deeded to the Town.

     i.   That community yard waste/compost site(s) be provided, with the number and location to be approved by the Town Manager.  Property owners' association(s) shall be responsible for the management and maintenance of the yard waste/compost site(s), until such time as both the association and the Town agree to the Town taking on same responsibilities.

     j.   That adequate transit stops, with benches and possibly shelters, be provided as appropriate.  The Town Manager, as subsequent Special Use Permit applications are reviewed, shall determine the number and location of transit stops to be located within the site as more is learned about the use of future buildings and potential transit needs.

          All streets shall be built to Town Standards, and shall be dedicated as public streets.  The Town Manager may require certain private alleys to be built to Town standards to withstand service vehicles.

     k.   That play equipment, benches, and/or picnic shelters be provided in the neighborhood parks, with type, number, and location to be approved by the Town Manager.

     l.   That each road stubout to a subsequent phase be extended (cleared and graded) at least 100 feet into the adjacent future phase(s).  Signage shall be located at each roadway stubout that indicates the roadway will be extended for future development.

     m.   That traffic control signage and pavement markings conform to the standards in the Manual of Uniform Traffic Control Devices (MUTCD).  The Developer shall be responsible for maintaining the signs until the development is annexed by the Town.

     n.   That a wet detention basin and/or other stormwater management facilities be provided in accordance with Condition #12 below, and with all applicable Town regulations, including the Town's Water Supply Watershed Protection regulations (expected to be adopted by July 1, 1993), State regulations, and federal (FEMA) regulations.

          Design and construction of any stormwater management facility shall be approved by the Town Manager and may include acceptance by the Town of maintenance responsibilities.  All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for ingress/egress as necessary for construction, maintenance operations and equipment.  The drive shall be in a location to be approved by the Town Manager.

     o.   That empty duct banks for future streetlights and signal cables be installed from Culbreth Road to and along this property's frontage on Highway 15-501, if deemed necessary by the Town Manager.

11.  Obtaining Right to Develop in the Northeast Corner of the Site:  If the wet detention basin must be located as shown on the Master Plan, the developer shall acquire the OWASA-owned property in the northeast portion of the site, or obtain from OWASA any necessary easements prior to issuance of a Zoning Compliance Permit for construction of the wet detention basin.

12.  Building Threshold for Permanent Detention Basin Installation: 

     a.   That after the impervious surface or building threshold (500 units or Town-approved percentage of impervious surface, whichever occurs first) has been reached for the entire property covered by this Master Land Use Plan approval, no additional building permits shall be issued for any part of the Southern Village until adequate stormwater management/water quality protection measures have been completed in compliance with all then applicable local, State, and Federal regulations.  For the purposes of calculating this threshold. Each dwelling unit and each 1,000 square feet of nonresidential floor area shall constitute a "unit".  A note to this effect shall be placed on all final plats and plans. 

     b.   For every unit, the developer shall set aside $500 in an escrow account for the pond construction. For the purposes of the fund calculations, each increment of 1,000 square feet of nonresidential floor area would count as a "unit".

     c.   Once 500 "units" have been constructed, the pond shall be constructed to accommodate buildout of the entire site.

     d.   The developer shall submit a monitoring plan and data for totalling the "unit" number and impervious surface area as each building permit application is submitted to the Town Manager.  The monitoring plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase.

     e.   For purposes of calculating impervious surface area for compliance with the water quality regulations, the proposed public park/ride lot shall not be counted as part of this development; it shall be counted as part of the public facilities on adjacent Town-owned property.

13.  Service Stations:  For any service station within this development, the following stipulations shall apply:

     a.   That all applicable Federal and State regulations, including those pertaining to water supply watershed protection, be complied with.

     b.   That all applicable Town regulations, including those pertaining to water supply watershed protection, storm drainage, and hazardous materials be complied with.  Below is a partial list:

          -    an emergency contingency plan shall be prepared, in accordance with the requirements of Federal regulations, as part of the development application.  The report must be updated annually;

          -    any storage container for hazardous materials (such as gasoline) shall be equipped with leak detection devices and shall be double-walled or have other secondary containment features;

          -    storage areas shall be protected by a dike of appropriate size; and

          -    all floor drains that might collect hazardous materials must be connected to a tank or catch basin or appropriate size, and shall not be open to the site's natural drainage system.

     c.   That the plans and operation of the service station comply with Subsection 18.7.15, and all other applicable sections of the Chapel Hill Development Ordinance, which include the following standards for service stations:

          -    the lot must be at least 20,000 square feet in area;

          -    the lot must front and have direct access to an arterial or collector street;

          -    provisions must be made for ventilation and dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids; and

          -    the service station driveways must be at least 300 feet from any intersecting street, and at least 750 feet from any other service station driveway.

     d.   Additional protective measures for stormwater quality:

          -    that surface runoff from the gas station be routed to an oil-sand separator for liquid waste collection to filter the grease, oils, and other pollutants from the stormwater above the stormwater inlets;

          -    provisions for a waste disposal plan, addressing disposal methods and record-keeping for solid waste, waste trapped in the oil-sand separator, grease traps (and/or other filtering devices), and liquid waste in accordance with Federal, State, and local regulations.  The plan and records are to be provided to the Town annually;

          -    for the fuel tanks:  provision of double-walled piping with automatic leak detectors, and double-walled tanks with interstitial monitoring and automatic alarm systems; registration with the State and annual tank fees paid to the State; and

          -    provision of monitoring well(s) with a regular monitoring program.

14.  Design-Related Stipulations:  The following revisions/additions shall be incorporated into the applicant's Traditional Neighborhood Design Guidelines.  A revised copy of the Guidelines shall to be submitted to Town's Planning Department, and shall supersede the original set of guidelines.  The revised guidelines must be received and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase of development.  Subsequent revisions may be reviewed and approved by the Town Manager.  At a minimum, the following revisions shall be included in the Guidelines:

     a.   All sidewalks within public rights-of-way shall be at least 5 feet in width.  Alternatively, the Town Manager may approve a narrower width in situations where there are topographical or other constraints.

     b.   Landscape protection measures shall be to Town standards.  The Town Manager may review and approve other methods on a case by case basis.  Because uses other than single-family and two-family lots are allowed in the Neighborhood Districts and Village Green Districts, tree protection fencing shall be required during construction of public utilities and roadways and in other areas as determined to be necessary by the Town Manager.

     c.   Include specific street construction standards and  materials; maximum slopes and vertical curve data; curb type; drainage methods; and typical cross-sections.

     d.   Address landscaping of street side slopes and traffic islands.

     e.   Address lighting of streets and alleys.

     f.   All alley/street intersections must be at least 100 feet apart.  The Town Manager may approve  narrower separations on a case by case basis.

     g.   No alleys shall intersect a street at a point where the street slopes over 15%.

     h.   Widths of the rights-of-way for public alleys shall be:

          - with no curb and gutter - 30 feet

          - with curb and gutter - 24 feet.

     i.   That all driveway locations, for residential and non-residential uses, be reviewed for approval by the Town Manager.

     j.   Front yard driveways and parking areas shall be prohibited for the lots fronting on Street R-R (the continuation of the northern entrance into the site in the northeast Neighborhood District).

     k.   Provide more specifics on the provisions for refuse and recyclables storage; pads; access; and other solid waste management issues.

     l.   That all signage shall be reviewed for approval by the Town's Appearance Commission.

     m.   That the building setbacks for the perimeter of the 312-acre site be in accordance with Subsection 18.8.9.4 of the Development Ordinance.  All other setbacks shall be as described in the Traditional Neighborhood Design Guidelines.

     n.   That speed limits and on-street parking shall be regulated by the Council.

     o.   That the floor area limitations for different uses within the Village Core Storefront District shall be in accordance with the submitted Guidelines, except that the grocery store may be increased to 15,000 square feet of floor area.

15.  Recreation Space Requirements for Residential Components: 

     a.   That recreation space of sufficient area and type, according to Article 13 of the Development Ordinance, be provided for the residential components, including amenities such as playground equipment, benches, and/or picnic shelters.  The plans for the recreation space shall be reviewed for approval by the Town Manager.

          The recreation space may be dedicated and deeded to the Town of Chapel Hill for Parks and Recreation purposes only, or to an Owner's Association (to be determined by the Town Manager). The developer remains responsible for the recreation space unless the Town or an Owners' Association accepts the property.

     b.   That the developer provide an additional recreation site centrally located; adjacent to the Resource Conservation District and a public street; dry and level; accessible from the Fan Branch greenway system; including a graded, multi-purpose playing field at least 300 feet by 150 feet; and including a regulation volleyball court and basketball court.

     c.   That the above recreation site be included as part of the developer's next residential Special Use Permit application.  (Not as part of the Special Use Permit applications already been submitted.)  No Certificates of Occupancy shall be issued for the residential units within this phase until all the active recreation facilities have been provided to the Town Manager's satisfaction.

     d.   If a homeowners' association is responsible for ownership and maintenance of the active recreation area and facilities, and if the recreation area and facilities are not properly maintained, the Town may assume responsibility for same, subject to agreement between the association and the Town.

     e.   That no private recreation facility on this site may be used to fulfill the Town's recreation space requirements for this development.

16.  Review Process:  For subphases and blocks and buildings within a development phase, the following review processes apply:

     Residential:

          Single- and two-family development to be approved by the Town Manager.

          Attached townhouses to be approved by the Planning Board as Site Plan Reviews.

          Multi-family development including that in the Village Core Storefront District, to be approved by the Planning Board as Site Plan Review.

          Village Core Apartment District to be approved by the Council as a Special Use Permit.

     Non-residential:

          Development to be approved by the Planning Board as Site Plan Reviews.

     Signage:

          All signage to be approved by the Town's Appearance Commission.

     Each application shall demonstrate compliance with the Development Ordinance, including the intensity regulations of Article 13.

  Stipulations Related to the Resource Conservation District

17.  Boundaries:  That the boundaries of the Resource Conservation District for the entire site be indicated on final plans submitted for the first phase of development.  A note shall be added indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance" on this plan and on all plans and plats for subsequent Special Use Permit applications.

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.  Construction Standards:  That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance must be adhered to, unless the applicant is granted administrative exemptions.  Encroachments include, but are not limited to:

     -street crossings

     -pedestrian/bicycle paths along and over the streams

     -wet detention basin/stormwater management facility

     -utility lines

Stipulations Related to State and Federal Government Approvals

20.  State or Federal Approvals:  That any required State or Federal permits or encroachment agreements (including but not limited to those needed for improvements to Highway 15-501, for lake and dam construction, for stormwater management and erosion control, and crossings over/under Highway 54, for water and sewer extension, and for development in the Water Supply Protection Area) be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit for the subject phase of development. 

21.  NCDOT Approvals:  That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

          Stipulations Related to Landscape Elements

22.  Survey of Rare and Specimen Trees:  That a survey of rare and specimen trees, as defined in the Development Ordinance, shall be submitted for review with each application for Special Use Permit.

23.  Buffers:  That the following buffers be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements that this vegetation will be protected by fencing from adjacent construction:

     -    Type D buffer (minimum width 75', as measured from the new right-of-way line) along Highway 15-501.  For the northeast tract, this buffer shall be located between Highway 15-501 and any proposed building, and may be on either or both sides of the proposed detention basin in keeping with the Entranceway Plan objectives.  This buffer may need to be expanded to comply with the State water supply watershed protection regulations, if required by the State.

     -    Type B buffer (minimum width 50') behind the existing residences fronting on Highway 15-501, excluding utility easements.

     -    Type B buffer (minimum width 10') along all other property lines coinciding with the perimeter of the 312-acre site.

     No utility easements may be included within the buffers, except for necessary perpendicular crossings.

     Supplemental plantings may be necessary to fulfill the requirements for buffers, screening of parking lots, and entranceway plantings.

24.  Buffer Around the Permanent Detention Pond (Lake):  That a buffer shall be provided around the permanent detention pond (lake) in accordance with local and State watershed protection regulations.

25.  Street Tree Plantings:  That the developer shall provide street tree plantings in all phases of development where no existing trees are shown as remaining within twenty feet of the curb on the Landscape Protection Plans submitted with final plan applications.  Locations are to include:

     -    at entranceways on Highway 15-501

     -    along entrance roads

     -    in the parks, greens, and cemeteries

     These trees will be installed to Town standards as detailed in the Town's Design Manual. 

26.  Landscape Plan Approval:  That preliminary and detailed final landscape plans (including buffers and street tree plantings), landscape maintenance plans, and lighting plans be reviewed by the Town Manager and/or the Appearance Commission for approval in conjunction with application of a Special Use Permit for each phase of development.

27.  Plantings along the Highway Frontage:  That plantings be provided and existing vegetation preserved along the highway frontage in general compliance with the Town's Master Landscape Plan for Entranceways Corridors along Highway 15-501.

28.  Landscape Protection Plan:  That a detailed landscape protection plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for each phase of development.

     This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas.

     The plan shall show the use of tree protection fencing between infrastructure construction and existing vegetation in:

     -    all required buffers

     -    all common areas (public or private)

     -    all areas designated to be used for residential, non-residential, or mixed use development.

     -    other areas, to be determined by the Town Manager.

             Stipulations Related to Steep Slopes

29.  That each submittal for Special Use Permit or Zoning Compliance Permit include a map showing lots and street segments on slopes of 10% or more and demonstrating 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/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.

                  Miscellaneous Stipulations

30.  Subsequent Special Use Permits:  That subsequent Special Use Permit applications demonstrate compliance with the approved Master Land Use Plan and all applicable provisions of the Development Ordinance, except for specifically permitted modifications to the regulations granted by the Council.

31.  Solid Waste Management: 

     a.   That a solid waste management plan, including provisions for recycling and for management of construction debris, be designed and submitted with each application for final plan approval. 

     b.   Refuse and recyclables storage and collection shall be as follows:

          i.   Shared dumpsters and compactors in parking lots behind the buildings in the Village Core Storefront District, where possible

          ii.  Where dumpsters and compactors are not used, the primary method of refuse and recycling collection will be curbside service.  Exceptions may be made by the Town Manager on a case by case basis.

              For single-family and two-family lots, refuse collection will be provided by curbside service, subject to individual Town Manager-approved exceptions. A note to this effect shall be placed on final plats and plans.

32.  Fire and Safety:  That a preliminary fire hydrant plan and fireflow report for the entire site be submitted with the final plans for the Special Use Permit application for the first phase of development.  A detailed phase-specific hydrant plan and fireflow report shall be required prior to the issuance of a Zoning Compliance Permit for each phase of development.

33.  Erosion Control:  That a general soil erosion and sedimentation control plan for the 312 acre site be reviewed by the Orange County Erosion Control Officer with the review of the final plans for the first phase of development.  A phase-specific detailed erosion control plan shall be submitted with each final plan application for review and approval by the Orange County Erosion Control Officer.

34.  Continued Validity:  That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

35.  Non-Severability;  That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Southern Village Master Land Use Plan in accordance with plans and conditions listed above.

This the 6th day of July, 1993.

R-5-C Zoning

Mr. Waldon said current zoning for the land parcels was R-2 and NC.  He noted that the applicant was requesting R-5-C and NC-C zoning.  Mr. Waldon said staff recommended adoption of the request for R-5-C zoning.

Mayor Broun inquired whether any citizens wished to speak on the matter.  Hearing none, he asked whether there was a motion to close the public hearing.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT ORDINANCE 1.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (93-7-6/O-1)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Bryan Properties, Inc. to amend the Zoning Atlas to rezone property described below from Residential-2 and Neighborhood Commercial to Residential-5-C (Conditional Use Zoning), and finds that the amendment achieves the purposes of the Comprehensive Plan; and

WHEREAS, the Council finds that any approved special use under the Residential-5 Conditional Use District Zoning (R-5-C) would be suitable for the property proposed for rezoning under the conditions of the approved Master Land Use Plan and conditions attached to the approved Special Use Permit;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

                           SECTION I

That the portion of the property identified as Chapel Hill Township Tax Map 126, Block A, Lot 4 and part of Lots 4K and 20, located on the west side of Highway 15-501, south of Culbreth Road, within the Residential-2 (R-2) and the Neighborhood Commercial (NC) zoning districts, plus one-half the adjoining right-of-way of Highway 15-501, be rezoned from Residential-2 and Neighborhood Commercial to Residential-5-C (Conditional Use Zoning).  The legal description of the entire property is as follows (please refer to the attached map):

     BEGINNING at a point, said point of beginning being the center of US 15-501, at the most Northeasterly corner of the property of the Town of Chapel Hill; thence, with the North line of the Town of Chapel Hill, N 71°19'17" W 883.07' to an iron pipe;  thence along and with the arc of a circle, having a radius of 1951.72' (chord bearing and distance N 60°19'32" W 745.82'); a distance of 750.44'; thence N 45°01'10" E 176.83'; thence N 28°54'11" W 128.48'; thence N 16°35'04" E 339.92'; thence N 45°01'10" W 120.71'; thence N  02°49'03" W 236.87'; thence N 44°17'39' W 216.74'; thence N 11°13'47" E 498.21'; thence N 28°19'01" E 114.54'; thence N 57°16'56" E 516.64'; thence N 32°42'16" E 553.08'; thence N 23°02'22" E 168.58'; thence N 37°17'06" E 224.23'; thence N 59°52'31" E 139.10'; thence N 82°52'47" E 125.16'; thence N 31°37'29" E 59.21'; thence N 19°59'44" W 90.80'; thence N 32°29'19" E 50.58'; thence N 78°41'51" E 59.37'; thence N 48°44'04" E 526.79' to a point in the Southern line of Culbreth Park Subdivision; thence, with said line, S 70°19'58" E 91.65' to an iron pipe, said pipe being a corner common to Culbreth Park Subdivision and Bennett Heirs; thence with the Bennett Heirs south line, S 20°48'35" E 138.07' to an iron pipe; S 51°39'58" E 230.80' to an iron pipe; thence S 67° 26'06" E 208.00' to and iron pipe; thence S 72°52'18" E 200.66' to the centerline of US 15-501; thence, with US 15-501, along and with the arc of a circle, having a radius of 1819.98' (chord bearing and distance S 01°18'16" E 347.14') a distance of 347.67'; thence S 06°47'32" E 71.28', thence along and with the arc of a circle, having a radius of 1900.00' (chord bearing and distance S 15°06'07" E 549.19') a distance of 551.12'; thence S 23°24'42" E 258.59'; thence along and with the arc of a circle, having a radius of 520.00' (chord bearing and distance S 13°36'31" E 177.07') a distance of 177.94'; thence, leaving US 15-501 and with the western lines of Creekside Crew, Holleman, Morot, Duke, Morrison, and Allen, S 49°17'53" W 95.24'; thence S 65°17'53" W 125.00'; thence S 43°17'53" W 310.00'; thence S 39°19'06" W 94.70'; thence S 11°26'57" W 122.05'; thence S 20°41'32" W 25.48'; thence S 28°35'12" W 165.19'; thence S 20°10'04" W 33.70'; thence S 27°37'22" W 170.30'; to an iron pipe, thence S 33°17'03" W 98.18' to an iron pipe; thence S 27°01'27" W 101.06' to an iron pipe; thence S 29°54'58" W 290.72 to an iron pipe; thence S 89°04'19" E 146.21' to the centerline of US 15-501; thence, with US 15-501, S 34°17'41" W 497.76'; thence along and with the arc of a circle, having a radius of 1250.00' (chord bearing and distance S 25°20'31" W 395.06') a distance of 396.72'; thence S 18°07'00" W 109.83' to the point or place of beginning (P.O.B.) and excluding the following area:  BEGINNING at a point, said point of beginning being established by measuring from the center of US 15-501, at the most Northeasterly most corner of the property of the Town of Chapel Hill; N 18°07'00" E 109.83'; thence continuing along said centerline along with the arc of a circle, having a radius of 1250.00' (N21°38'00" E 233.84'), a distance of 234.18'; thence leaving 15-501, N 64°38'17" W 349.40' to the place of beginning; thence, with the new zoning line, N 64°38'17" W 477.45'; thence N 22°11'54" W 671.34'; thence along with the arc of a circle, having a radius of 481.00' (chord bearing and distance N 41°18'06" E 860.93'), a distance of 1066.17'; thence S 14°48'06" W 195.00'; thence along and with the arc of a circle, having a radius of 286.00' (chord bearing and distance S 48°41'54" E 255.23'), a distance of 264.56'; thence S 22°11'54" E 729.20'; thence S 34°17'41" W 533.46' to the point or place of beginning.

                          SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 6th day of July, 1993.

N-C-C Zoning

Mr. Waldon said if the proposed ordinance were adopted by the Council, development could only occur subsequent to Council approval of special use permits.  Council Member Andresen inquired about permitted uses.  Mr. Waldon said permitted uses included stores, offices, day care centers and other commercial and office-type uses.  He noted that a total of 1,388 residential units were proposed in the Southern Village.

Margaret Brown said she had a number of reservations about the proposed commercial core area.  She stated that area residents were especially concerned about the potential for development of large-scale commercial projects.  Ms. Brown said that a total of 80,000 square feet of commercial space were proposed.  She noted that none of the village projects constructed to date had successfully completed the commercial element of their proposals.  Ms. Brown also requested a clarification of the proposed Laurel Hill Parkway.  Mayor Broun said the State Department of Transportation considered Laurel Hill Parkway to be in the area Thoroughfare Plan.  He added that the Council hoped that Laurel Hill Parkway would be removed from the plan in the near future.  Ms. Brown said she did not understand why the Council had to act on the request for commercial rezoning this evening.

Council Member Andresen inquired what mechanisms were in place to assure that a strip shopping center was not constructed.  Mr. Bryan said the primary vehicle was the Town's Design Guidelines concerning curbs, sidewalks and store front designs.  He noted that the Planning Board would have to approve proposed commercial projects in the Southern Village.  Council Member Andresen inquired whether the guidelines could be altered in the event that an insufficient number of tenants were available.  Mr. Bryan said the guidelines could not be altered in this case.  He added that the primary concern had been about whether sufficient commercial space was proposed.  Council Member Andresen inquired whether any street-level retail uses were mandated.  Mr. Bryan said one requirement was to provide a certain percentage of wall space as storefronts to create a downtown feeling.  Council Member Andresen inquired whether all of these storefronts could be office uses.  Mr. Bryan said yes.

Council Member Brown asked whether there were any guarantees about the percentage of retail use.  Mr. Bryan said there were no such guarantees.  Mayor Broun said the amount of retail use was reliant on the market place.  Mr. Horton noted that most tenants would be smaller establishments rather than major retail and office operations.  Council Member Brown inquired about the importance tied to adopting the commercial zoning request this evening.  Mr. Bryan said his staff was in the process of negotiating with possible retail and office tenants in the proposed Southern Village.  Council Member Rimer noted that the developer's proposed parking reduction plan for the office and retail use area was a good one.

Council Member Werner noted that proposed retail uses would cover 2 acres of the 312 acre site.  Noting the absence of retail establishments in the area, Council Member Werner said he anticipated that retail uses would quickly expand as population in the area did likewise.  Noting that there were risks associated with commercial projects, Mayor Broun said the Council wanted a special kind of village atmosphere.  Council Member Andresen inquired whether a specific proposal would come back on the matter.  Mr. Horton said zoning compliance permits would be reviewed by the Planning Board.  Council Member Andresen inquired whether project could become a large-scale industrial office park.  Mr. Horton said the conditions of the special use permit would give the Council an assurance that the project would not resemble a large-scale industrial office park.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO CLOSE THE PUBLIC HEARING.

Council Member Capowski inquired what provisions were in place to prevent a major tenant from leasing 50,000 to 60,000 square feet of space in contiguous buildings.  Mr. Waldon said the special use permit approval conditions would not permit such an arrangement.

THE MOTION TO CLOSE THE HEARING WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 2.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (93-7-6/O-2)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Bryan Properties, Inc. to amend the Zoning Atlas to rezone property described below from Residential-2 to Neighborhood Commercial-C (Conditional Use Zoning), and finds that the amendment achieves the purposes of the Comprehensive Plan; and

WHEREAS, the Council finds that any approved special use under the Neighborhood Commercial Conditional Use District Zoning (NC-C) would be suitable for the property proposed for rezoning under the conditions of the approved Master Land Use Plan and conditions attached to the approved Special Use Permit;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

                           SECTION I

That the portion of the property identified as Chapel Hill Township Tax Map 126, Block A, part of Lots 4 and 4K, located on the west side of Highway 15-501, south of Culbreth Road, within the Residential-2 (R-2) zoning district, be rezoned from Residential-2 to Neighborhood Commercial-C (Conditional Use Zoning).  The legal description of the entire property is as follows (please refer to the attached map):

     BEGINNING at a point, said point of beginning being established by measuring from the center of US 15-501, at the most Northeasterly most corner of the property of the Town of Chapel Hill; N 18°07'00" E 109.83'; thence continuing along said centerline along with the arc of a circle, having a radius of 1250.00' (N 21°37'00" E 233.84') a distance of 234.18'; thence leaving 15-501, N 64°38'17" W 349.40' to the place of beginning; thence, with the new zoning line, N 64°38'17" W 477.45'; thence N 22°11'54" W 671.34'; thence along with the arc of a circle, having a radius of 481.00' (chord bearing and distance N 41°18'06" E 860.93'), a distance of 1066.17'; thence S 14°48'06" W 195.00'; thence along and with the arc of a circle, having a radius of 286.00' (chord bearing and distance S 48°41'54" E 255.23'), a distance of 264.56'; thence S 22°11'54" E 729.20'; thence S 33°17'41" W 533.46' to the point or place of beginning.

                          SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 6th day of July, 1993.

Village Green Special Use Permit Request

Mr. Waldon briefly reviewed the site plan and the special use permit request.  He noted that public streets in the proposed Southern Village would be Town-maintained and there would be private alleys behind homes in the village.  Mr. Waldon said staff recommended adoption of Resolution 4a.

Mayor Broun inquired whether there was any public comment on the matter.  Hearing none, he inquired whether there were any questions or comments by the Council.  Council Member Werner said the proposed special use permit was more general and nebulous in nature than most special use permits considered by the Council.  He inquired about the proposed recreation area.  Mr. Waldon stated that the Parks and Recreation Commission had recommended construction of a 30,000 square foot playing field on the west side of Fan Branch.  Council Member Werner said he was disappointed that further specifics about the proposed stormwater management plan were unavailable.

Council Member Andresen inquired about proposed access to residential areas in the Southern Village.  Mr. Waldon said two access points were proposed in an effort to minimize driveway curb cuts.  Council Member Werner asked about the linkage between the special use permit and the proposed land-use plan sketch.  Mr. Waldon said the two were quite closely tied together.  He added that small changes could be accommodated in the future.

Council Member Werner inquired about proposed lot sizes.  Mr. Bryan said lots would be a minimum of 33 and a maximum of 75 feet wide.  He added that a maximum of two lots could be combined.  Council Member Brown inquired about the possibility of greater solar orientation in the village.  Mr. Horton said that the proposed street pattern was critical to the project's solar orientation.

Council Member Brown inquired about the rationale for not employing Town standards for the construction of streets.  Mr. Waldon said an emphasis was being placed on narrower streets.  He added that sound engineering standards would be followed in the street construction process.

Noting the presence of steep topography in the area, Council Member Andresen inquired about the advice given to the developer in this regard.  Bruce Ballentine said the northern portion of the site had the steepest slopes.  He noted that the applicant had worked with the staff relative to steep slope considerations.  Mr. Ballentine stated that street grades in this area were relatively level with minimal setbacks.  He indicated that building foundations would be built at street level.

Council Member Andresen said she thought the area's topography would present some challenging design problems.  Mr. Ballentine said the project would be custom-designed and developed.  Mr. Waldon said the lot sizes varied between 1/4 and 1/2 acre, with the backs of a number of lots bordering Morgan Creek.  Council Member Andresen expressed concern that the Town's steep slopes ordinance was  more or less advisory in nature.  Mr. Horton said the project would have more distinct guidelines for custom review of each site. Mr. Bryan said roadways would blend with contour lines as much as possible.  He added that the project's planner had extensive expertise in dealing with steep slope design situations.  Council Member Werner inquired about the maximum and minimum number of units that could be constructed under the terms of the special use permit.  Mr. Waldon said approximately 250 units were proposed including 150 single-family or duplex lots and 65 townhouse lots.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Andresen inquired about the difference between the proposed project design standards and the Town's design standards. Mr. Ballentine said two of the principal design differences related to narrower streets and smaller 'k' values for roadway designs.  Mr. Ballentine stated that good engineering design standards would be followed.  Council Member Andresen said she supported the developer's design efforts and also would support changes in some of the Town's design guidelines and standards.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 4A.

Council Member Andresen said she favored the inclusion of language in the resolution to permit the developer to have additional design flexibility.  Mr. Horton said he believed that there would be some flexibility built into the Town's proposed engineering standards.

RESOLUTION 4A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE NEIGHBORHOOD DISTRICT AND VILLAGE GREEN DISTRICT OF THE NORTHEAST TRACT OF THE SOUTHERN VILLAGE (126-A-4) (93-7-6/R-4a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit - Planned Development Mixed Use proposed by Bryan Properties, Inc., on property identified as Chapel Hill Township Tax Map 126, Block A, Lot 4 and part of Lot 4K, if developed according to the Site Plan for the Northeast Tract, Sheet NE-3, stamped "received March 2, 1993", the general principles outlined in the "Traditional Neighborhood Design Guidelines" (submitted by the applicant and subject to the revisions listed below), and the conditions listed below, would:

1.   Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2.   Comply with all required regulations and standards of applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations.

3.   Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; or be a public necessity; and

4.   Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

These findings are conditioned on the following:

           Stipulations Specific to the Development

1.   Construction Deadline:  That construction begin by June 28, 1998 with a valid Master Plan and be completed by June 28, 2008.

2.  Required Improvements: 

     a.   That one-half of a 120-foot right-of-way along the Highway 15-501 frontage be dedicated, with additional right-of-way dedicated at the project entrance off Highway 15-501 if determined to be necessary by the Town Manager.  The entire dedication shall occur prior to issuance of a Zoning Compliance Permit for the first phase of development.

     b.   That the developer add a left turn lane and a right hand deceleration/turn lane on Highway 15-501 at the entrance into the neighborhood district, subject to NCDOT approval.

     c.   That the entrance off Highway 15-501 be constructed at a width which accommodates three lanes:  one lane into the development, one lane for right turns onto Highway 15-501, and one left turn lane onto Highway 15-501.  The right-of-way width should be such that it accommodates the addition of a fourth lane should it be necessary in the future.

     d.   That sidewalk be installed on at least one side of each public street (except alleys).

     e.   That any public parks, public recreation areas, and community recycling center(s) be dedicated and deeded to the Town.

     f.   That adequate transit stops, with benches, and possibly shelters, be provided as appropriate.  The Town Manager shall determine the number and location of transit stops to be located within the site as more is learned about the use of future buildings and potential transit needs.  The streets shall be built to Town standards, and shall be dedicated as public streets.

          The Town Manager may require certain private alleys to be built to Town standards to withstand Town service vehicles.

     g.   That each road stubout to a subsequent phase be extended (cleared and graded) at least 100 feet into the adjacent future phase(s).  Signage shall be located at each roadway stubout that indicates the roadway will be extended for future development.

     h.   That traffic control signage and pavement markings conform to the standards in the Manual of Uniform Traffic Control Devices (MUTCD).  The Developer shall be responsible for maintaining the signs until the development is annexed by the Town.

     i.   Detailed phase-specific utility extension plans shall be reviewed for approval by OWASA and the Town Manager.  These plans shall include water and sewer line construction both off-site and on-site.

     j.   That a wet detention basin and/or other stormwater management facilities be provided in accordance with Condition #5 below and with all applicable Town regulations, including the Town's Water Supply Protection regulations (expected to be adopted by July 1, 1993), State regulations, and federal (FEMA) regulations.  Design and construction of any stormwater management facility shall be approved by the Town Manager and may include acceptance by the Town of maintenance responsibilities.  All plans and final plats shall include dedication of permanent easements and construction of a paved drive for ingress/egress as necessary for construction, maintenance operations and equipment. 

     k.   That the applicant provide an asphalt pedestrian/bicycle path, sections of which would be within the greenways and recreation areas along Wilson Creek and Fan Branch, and along Morgan Creek.  The Greenway shall be deeded to the Town and shall contain a pedestrian, nonmotorized vehicle easement.

          Asphalt paths shall be provided from the southern boundary of the northeast tract, extend along Fan Branch, beyond the northern property line, under Culbreth Road (or as surface crossing on Culbreth Road), over Morgan Creek, parallel Morgan Creek (north side) to a point on the east side of the Highway 15-501 bridge, and join South Columbia Street.

          A paved path suitable for bikes and pedestrians shall be extended from the Morgan Creek bridge north approximately 600 feet to Purefoy Road, subject to approval of NCDOT, and, if necessary, approval by private property owners.

          The location, width, and design/construction standards for the paths are to be approved by the Town Manager.

     l.   That community yard waste/compost site(s) be shown on the final plans and provided on the site, with number and location to be approved by the Town Manager.

     m.   That play equipment and/or picnic shelters be provided in the neighborhood parks and private green, with type, number, and location to be approved by the Town Manager.

3.   Accessory Dwelling Units: That an accessory dwelling unit may be constructed only on a residential lot at least 50 feet wide, with provision for at least 2 parking spaces on the lot, behind the primary dwelling unit.  This restriction shall also be included in the restrictive covenants for the development.

4.   Ownership and Responsibilities of Common Areas:  That an owners' association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas.  All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, must be represented in the owners' association.  This owners' association may have maintenance responsibilities for development elements which affect the entire development, including the stormwater management facility. 

     In addition, separate neighborhood association(s) and owners' association(s) shall be created for the maintenance and regulation of the residential, office, and commercial areas.  The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

     The responsibilities of these entities shall include the ownership and maintenance of the neighborhood compost sites, private alleys, private green spaces, private parks and recreation space, existing cemeteries and gravesites, and the perimeter buffers.  These entities shall also be responsible for any "add-on fees" charged by Duke Power for special street lighting.

5.   Building Threshold for Permanent Detention Basin Installation:

     a.   That after the impervious surface or building threshold (500 units or Town approved percentage of 24% impervious surface, whichever occurs first) has been reached for the entire property covered by the Master Plan for Southern Village, no additional building permits shall be issued for any part of the Southern Village until adequate stormwater management/water quality protection measures have been completed in compliance with all then applicable local, State, and Federal regulations.  For the purposes of calculating this threshold, each dwelling unit and each 1,000 square feet of nonresidential floor area shall constitute a "unit".  A note to this effect shall be placed on all final plats and plans.

     b.   For every dwelling unit, the developer shall set aside $500 in an escrow account for the pond construction.  For the purposes of the fund calculations, each increment of 1,000 square feet of nonresidential floor area would count as a "unit".

     c.   Once 500 "units" have been constructed, the pond shall be constructed to accommodate buildout of the entire site.

     d.   The developer shall submit a monitoring plan and data for totalling the "unit" number and impervious surface area as each building permit application is submitted to the Town Manager.  The monitoring plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase.

     e.   For purposes of calculating impervious surface area for compliance with the water quality regulations, the proposed public park/ride lot shall not be counted as part of this development; it shall be counted as part of the public facilities on adjacent Town-owned property.

6.   Preservation of Existing Cemeteries and Graves:  That the existing cemeteries be preserved in the two "green areas" in the northeast tract as shown on the plans, and that all federal and State regulations regarding preservation of, relocation of, and development around gravesites be complied with; and that ownership, maintenance responsibilities for the cemeteries be included in the establishment of a property owners' association.

7.   Design-Related Stipulations:  The following revisions and additions shall be incorporated into the applicant's Neighborhood Guidelines.  A revised copy of the Guidelines shall to be submitted to Town's Planning Department, and shall supersede the original set of guidelines.  The revised guidelines must be received and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase of development.  Subsequent revisions may be reviewed for approval by the Town Manager.

     a.   All sidewalks within public rights-of-way shall be at least 5 feet in width.  Alternatively, the Town Manager may approve a narrower width in situations where there are topographical or other constraints.

     b.   Landscape protection measures shall be to Town standards.  The Town Manager may review and approve other methods on a case by case basis.  Because uses other than single-family and two-family lots are allowed in the Neighborhood District and Village Green District, tree protection fencing shall be required during construction of public utilities and roadways and in other areas as determined to be necessary by the Town Manager.

     c.   Include specific street construction standards and  materials; maximum slopes and vertical curve data; curb type; drainage methods; and typical cross-sections.

     d.   Address landscaping of street side slopes and traffic islands.

     e.   Address lighting of streets and alleys.

     f.   All alley/street intersections must be at least 100 feet apart.  The Town Manager may approve  narrower separations on a case by case basis.

     g.   No alleys shall intersect a street at a point where the street slopes over 15%.

     h.   Widths of the right-of-way for public alleys shall be:

          - with no curb and gutter - 30 feet

          - with curb and gutter - 24 feet.

     i.   All driveway locations, for residential and non-residential uses, be reviewed for approval by the Town Manager.

     j.   Parking areas shall be located behind the multifamily and non-residential buildings where possible.

     k.   Provide more specifics on the provisions for refuse storage and recycling containers, pads, and access and other refuse management issues.

     l.   That all signage shall be reviewed for approval by the Town's Appearance Commission.

     m.   That the building setbacks for the perimeter of the 312-acre site be in accordance with Subsection 18.8.9.4 of the Development Ordinance.  Setbacks within the development shall be as specified in the applicant's Neighborhood Design Guidelines.

     n.   That speed limits and on-street parking shall be regulated by the Council.

     o.   Front yard driveways and parking areas shall be prohibited for the lots fronting on Street R-R (the continuation of the northern highway entrance into the site).

8.   Land-Use Related Stipulation:  That land uses within these two districts (Neighborhood District and Village Green District) shall be limited to those described in the uses shown on the approved Master Plan (and included in the Neighborhood Guidelines) and Subsection 12.3 (schedule of uses) of the Chapel Hill Development Ordinance.  In cases where the Master Plan and Neighborhood Guidelines list a use not included in Subsection 12.3 of the Development Ordinance, the use shall not be permitted.  Uses shall be in accordance with those defined in Article 2 of the Development Ordinance.

9.   Review Process:  For subphases and blocks and buildings within this phase, the following review processes apply:

     Residential:

          Single-family and two-family development to be approved by the Town Manager.

          Townhouses to be approved by the Planning Board as Site Plan Reviews.

     Non-residential:

          Buildings to be approved by the Planning Board as Site Plan Reviews.

     Signage:

          All signage to be approved by the Appearance Commission.

     Each application shall demonstrate compliance with the Development Ordinance, including the intensity regulations in Article 13.

10.  Stormwater Management Plan:  That a general stormwater management plan for the entire 312-acre site be approved by the Town Manager prior to issuance of the first Zoning Compliance Permit.  A detailed stormwater management plan, based on the Town's Hydros program, shall be submitted with applications for plat approval and Zoning Compliance Permits for approval by the Town Manager.

11.  Steep Slopes:  That each submittal for Site Plan approval or Zoning Compliance Permit 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/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.

12.  Encroachment Agreements:  That any required State or local encroachment agreements (for landscaping and other required improvements) be approved prior to issuance of a Zoning Compliance Permit.

            Stipulations Related to Recreation Area

13.  Recreation Space Requirements for Residential Component:  That recreation space of sufficient area and type, according to Article 13 of the Development Ordinance, be provided for the residential components within this phase of development, including amenities such as playground equipment, benches, and/or picnic shelters.  The plans for the recreation area shall be reviewed for approval by the Town Manager.  The recreation space may be dedicated and deeded to the Town of Chapel Hill for Parks and Recreation purposes only, or to an Owners' Association (to be determined by the Town Manager).  The developer remains responsible for the recreation space unless the Town or a Homeowners' Association accepts the property.

  Stipulations Related to the Resource Conservation District

14.  Boundaries:  That the boundaries of the Resource Conservation District for the entire site be indicated on final plans submitted for the first phase of development.  A note shall be added to all final plats and plans, indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance" on this plan and on all plans and plats for subsequent Special Use Permit applications.

15.  Buildable Lots:  That no lot be created that would require a Resource Conservation District Variance in order to be built upon.

16.  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.

17.  Construction Standards:  That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance must be adhered to, unless the applicant is granted administrative exemptions.  Encroachments include, but are not limited to:

          -street crossings

          -pedestrian/bicycle paths along and over the streams

          -wet detention basin/stormwater management facility

          -utility lines.

Stipulations Related to State and Federal Government Approvals

18.  State or Federal Approvals:  That any required State or Federal permits or encroachment agreements (including but not limited to those needed for improvements to Highway 15-501, for stormwater management and erosion control, for water and sewer extension, and for development in the Water Supply Protection Area) be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit for the subject phase of development. 

19.  NCDOT Approvals:  That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

          Stipulations Related to Landscape Elements

20.  Landscape Protection Plan:  That a detailed landscape protection plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

     This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas.

     The plan shall show the use of tree protection fencing between infrastructure construction and existing vegetation in:

        - all required buffers

        - all common areas (public or private)

        - all areas designated to be used for multifamily (including townhouses) and nonresidential, or mixed use development

        - other areas, to be determined by the Town Manager

21.  Street Tree Plantings:  That the developer shall provide street tree plantings in the following locations:

        - at the entranceway on Highway 15-501

        - along the entrance road from Highway  15-501 into the neighborhood district

        - in the parks, greens, and cemeteries

     In addition, street tree plantings shall be provided  where no existing trees are shown as remaining within twenty feet of the curb on the Landscape Protection Plans submitted with final plan applications. 

     These trees will be installed to Town standards as detailed in the Town's Design Manual and/or approved by the Town Manager.

22.  Landscape Plan Approval:  That a detailed landscape plans (including buffers and street tree plantings), landscape maintenance plans, and lighting plans be reviewed by the Town Manager for approval prior to issuance of a Zoning Compliance Permit.

     The following buffers shall be provided, and if any existing vegetation is to be used to satisfy the buffer requirements that this vegetation will be protected by fencing from adjacent construction:

        - Type D buffer (minimum width 75', as measured from the new right-of-way line) along Highway 15-501.  This buffer shall be located between Highway 15-501 and any proposed buildings, and may be on either or both sides of the proposed detention basin.  This buffer may need to be expanded to comply with the State water quality protection regulations, if required by the State.

        - A Type B buffer (minimum width 10 feet) along other property lines which coincide with the perimeter of the 312-acre site.

     Supplemental plantings may be necessary to fulfill the requirements for buffers, screening, and entranceway plantings.

23.  Plantings along the Highway Frontage:  That plantings be provided and existing vegetation preserved along the highway frontage in general compliance with the Town's Master Landscape Plan for Entranceways Corridors along U.S. 15-501.

24.  Buffer Around the Permanent Detention Pond:  That a buffer shall be provided around the permanent detention pond (lake) in accordance with State watershed regulations.

   Stipulations Related to Water, Sewer and Other Utilities

25.  Fireflow:  That a preliminary fire hydrant plan and fireflow report for the 312-acre site be submitted with the final plans for the first phase.

     A detailed hydrant plan and fireflow report shall be required prior to the issuance of a Zoning Compliance Permit for this 71-acre phase.  The following flows and pressures shall be provided:

        - For non-residential:  2,500 - 12,000 gallons per minute, at 20 pounds per square inch residual pressure;

        - For multifamily:  1,500 - 2,500 gallons per minute, at 20 pounds per square inch residual pressure; and

        - For single-family:  750 gallons per minute, at 20 pounds per square inch residual pressure.

26.  Sewer line locations relative to greenways:  That where possible, sewer lines shall be located out of the greenway system and placed under nearby streets.

27.  Utility Service Laterals:  That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot.  Sanitary sewer laterals shall be capped off above ground. 

28.  OWASA Easements:  That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

29.  Duct Bank for Future Utilities:  That the Town Manager may require installation of empty duct banks for future street lights and signal cables along internal streets.

                  Miscellaneous Stipulations

30.  Solid Waste Management Plan:  That a detailed solid waste management plan,including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

     For single- and two-family lots, refuse/recyclable collection will be provided by curbside service, subject to Town Manager-approved exceptions, a note to this effect shall be placed on final plat(s).

31.  Transportation Management Plan:  That prior to issuance of a Zoning Compliance Permit for any portion of the proposed non-residential uses, the applicant prepare, for approval by the Town Manager, a Transportation Management Plan.  The required components of each Transportation Management Plan may include:

     a.   Provision for designation of a Transportation Coordinator;

     b.   Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

     c.   Quantifiable traffic reduction goals and objectives;

     d.   Ridesharing incentives; and

     e.   Public Transit incentives.

32.  Detailed Plans:  That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.

     The Town Manager may required adjustments to the street design to enhance safety and maintenance operations.

     The developer shall be responsible for assuring that all utilities, including cable television, be extended to serve the development. 

33.  Certificates of Occupancy:  That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plats.

     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 plats.

34.  Sight Triangle Easements:  That sight triangle easements be provided on the final plat.

35.  New Streets - Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

36.  New Street Names and Numbers:  That the name of the development and its streets and house/building numbers, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

37.  Erosion Control:  That a general soil erosion and sedimentation control plan for the 312-acre site be reviewed by the Orange County Erosion Control Officer with the review of the final plans for the first phase of development. 

     A phase-specific detailed erosion control plan shall be submitted with each final plan application for review and approval by the Orange County Erosion Control Officer.

38.  Silt Control:  That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

39.  Continued Validity:  That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

40.  Non-Severability;  That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Neighborhood District and the Village Green District in the northeast tract of the Southern Village in accordance with plans and conditions listed above.

This the 6th day of July, 1993.

Storefront/Entranceway Special Use Permit Request

Mr. Waldon provided an overview of the request.  He noted that the heart of the village would serve as the focal point of activities. Council Member Andresen inquired about the proposed design of individual storefronts and buildings.  Mr. Waldon said the general configuration and appearance would be somewhat similar to the applicant's proposal.  Council Member Andresen asked whether the Planning Board would be able to narrowly focus on site plan details such as roadway configurations.  Mr. Waldon said this was correct, although roadway configurations would be set by the Special Use Permit.

Mayor Broun inquired whether any citizens wished to speak on the matter.  Hearing none, he inquired whether there was a motion to close the hearing.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO CLOSE THE HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 5A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE VILLAGE CORE STOREFRONT DISTRICT AND THE VILLAGE GREEN ENTRANCEWAY TRANSITION DISTRICT OF THE SOUTHERN VILLAGE (126-A-4) (93-7-6/R-5a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit - Planned Development - Mixed Use proposed by Bryan Properties, Inc., on property identified as Chapel Hill Township Tax Map 126, Block A, Lot 4 and part of Lot 4K, if developed according to the Site Plan for the Southeast Tract, Plan, Sheet SE-3, stamped "received March 2, 1993", the general principles outlined in the "Traditional Neighborhood Design Guidelines" (submitted by the applicant and subject to the revisions listed below), and the conditions listed below, would:

1.   Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2.   Comply with all required regulations and standards of applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations.

3.   Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; or be a public necessity; and

4.   Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

These findings are conditioned on the following:

           Stipulations Specific to the Development

1.   Construction Deadline:  That construction begin by June 28, 1998 with a valid Master Land Use Plan approval and be completed by June 28, 2008.

2.   Required Improvements:

     a.   That one-half of a 120-foot right-of-way along the Highway 15-501 frontage be dedicated, with additional right-of-way dedicated at the project entrance off Highway 15-501 if determined to be necessary by the Town Manager.  The dedication shall occur prior to issuance of a Zoning Compliance Permit for the first phase of development.

     b.   That the developer install a traffic signal or provide a payment-in-lieu to the Town for the intersection of Highway 15-501 and the entrance to the village core. The signal shall be installed or payment-in-lieu made to the Town prior to issuance of a Zoning Compliance Permit for the first phase of development using this intersection as primary access. 

     c.   That the developer add a left turn lane and a right hand deceleration/turn lane on Highway 15-501 at the entrance into the village core.

     d.   That the entrance off Highway 15-501 be constructed at a width which accommodates four lanes: - one lane into the development, one lane for right turns onto Highway 15-501, and two left turn lanes onto Highway 15-501.  The entrance shall initially be striped to accommodate three lanes:  one lane into the development, one lane for right turns onto Highway 15-501, and one left turn lane onto Highway 15-501.

     e.   That sidewalk be installed on at least one side of each public street, except the alleys and the highway.

     f.   That any public parks and public recreation areas be dedicated and deeded to the Town.

     g.   That adequate transit stops, with benches and possibly shelters, be provided as appropriate.  The Town Manager shall determine the number and location of transit stops to be located within the site as more is learned about the use of future buildings and potential transit needs.  The streets shall be built to Town standards, and shall be dedicated as public streets.

     h.   That each road stubout to a subsequent phase be extended (cleared and graded) at least 100 feet into the adjacent future phase(s).  Signage shall be located at each roadway stubout that indicates the roadway will be extended for future development.

     i.   That traffic control signage and pavement markings conform to the standards in the Manual of Uniform Traffic Control Devices (MUTCD).  The developer shall be responsible for maintaining the signs until the development is annexed by the Town.

     j.   That a wet detention basin and/or other stormwater management facilities be provided in accordance with Condition #4 below, and with all applicable Town regulations, including the Town's Water Supply Protection regulations (expected to be adopted by July 1, 1993), State regulations, and Federal (FEMA) regulations.

          Design and construction of any stormwater management facility shall be approved by the Town Manager and may include acceptance by the Town of maintenance responsibilities.  All plans and final plats shall include dedication of permanent easements for ingress/egress as necessary for maintenance operations and equipment.

3.   Ownership and Responsibilities of Common Areas:  That an owners' association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas.  All property owners (owning property within the area of the Master Land Use Plan approval), excluding governmental bodies, must be represented in the owners' association.  This owners' association may have maintenance responsibilities for development elements which affect the entire development, including the stormwater management facility. 

     In addition, separate neighborhood association(s) and/or owners' association(s) for the Village Core Storefront District and Village Green Entranceway Transition District shall be created for the maintenance and regulations of the residential, office, and commercial areas.  The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit for the first phase of development.

     The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks or recreation space, existing cemeteries and grave sites, and the perimeter buffers. These entities shall also be responsible for any "add-on fees" charged by Duke Power for special street lighting.

4.   Building Threshold for Permanent Detention Basin Installation:

     a.   That after the impervious surface or building threshold (500 units or 24% of impervious surface, whichever occurs first) has been reached for the entire property covered by the Master Land Use Plan, no additional building permits shall be issued for any part of the Southern Village until adequate stormwater management/water quality protection measures have been completed in compliance with all then applicable local, State, and Federal regulations.  For the purposes of calculating this threshold, each dwelling unit and each 1,000 square feet of nonresidential floor area shall constitute a "unit".  A note to this effect shall be placed on all final plats and plans.

     b.   For every dwelling unit, the developer shall set aside $500 in an escrow account for the pond construction.  For the purposes of the fund calculations, each increment of 1,000 square feet of nonresidential floor area would count as a "unit".

     c.   Once 500 "units" have been constructed, the pond will be constructed to accommodate buildout of the entire site.

     d.   The developer shall submit a monitoring plan and data for totalling the "unit" number and impervious surface area as each building permit is submitted to the Town Manager.  The monitoring plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase.

5.   Design-Related Stipulations:  The following revisions/ additions shall be incorporated into the applicant's Traditional Neighborhood Development Design Guidelines.  A revised copy of the Guidelines shall to be submitted to Town's Planning Department, and shall supersede the original set of guidelines.  The revised guidelines must be received and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase of development.  Subsequent revisions may be reviewed for approval by the Town Manager.

     a.   All sidewalks within public rights-of-way shall be at least 5 feet in width.  Alternatively, the Town Manager may approve a narrower width in situations where there are topographical or other constraints.

     b.   Landscape protection measures shall be to Town standards.  The Town Manager may review and approve other methods on a case by case basis.

     c.   Include specific street construction standards and  materials; maximum slopes and vertical curve data; curb type; drainage methods; and typical cross-sections.

     d.   That all one-way streets should include islands at the intersections to help direct traffic flow.

     e.   Address landscaping of street side slopes and traffic islands.

     f.   Address lighting of streets and alleys.

     g.   All alley/street intersections must be at least 100 feet apart.  The Town Manager may approve  narrower separations on a case by case basis.

     h.   No alleys shall intersect a street at a point where the street slopes over 15%.

     i.   Widths of the right-of-way for public alleys shall be:

          -    with no curb and gutter - 30 feet

          -    with curb and gutter - 24 feet.

     j.   That all driveway locations, for residential and non-residential uses, be reviewed for approval by the Town Manager.

     k.   Parking areas shall be located behind the buildings in the storefront district and the entranceway district where possible.

     l.   Provide more specifics on the provisions for refuse storage and recycling containers, pads, access and other refuse management issues including trash compactors.

     m.   That all signage shall be reviewed for approval by the Town's Appearance Commission.

     n.   That the building setbacks for the perimeter of the 312-acre site be in accordance with Subsection 18.8.9.4 of the Development Ordinance.  All other setbacks shall be as described in the Traditional Neighborhood Design Guidelines.

     o.   That the floor area limits for different uses within the Village Core Storefront District shall be in accordance with the submitted TND Guidelines, except that the grocery store may be increased to 15,000 square feet of floor area.

6.   Land-Use Related Stipulations:

     a.   Land uses within these two districts (Village Core Storefront and Village Green Entranceway Transition) shall be limited to those described in the uses shown on the approved Master Plan (included in the Traditional Neighborhood Development Design Guidelines) and Subsection 12.3 (schedule of uses) of the Chapel Hill Development Ordinance.  In cases where the Master Plan and Traditional Neighborhood Development Design Guidelines list a use not included in Subsection 12.3 of the Development Ordinance, the use shall not be permitted.  Uses shall be in accordance with those defined in Article 2 of the Development Ordinance.

     b.   That the south central square in the Village Storefront District may be used for a fire station, but for no other drive-through use.

     c.   That for the Village Core District, the percentage of retail floor area may be increased by up to 20%, and the floor area of the alternate component(s) accordingly be reduced, so that there is no net increase in floor area.

7.   Review Process:  For subphases and blocks and buildings within the Storefront District and the Entranceway Transition District, all development shall be approved by the Planning Board as Site Plan Reviews.  All signage shall be approved by the Appearance Commission.

     Each application shall demonstrate compliance with the Development Ordinance, including the intensity regulations in Article 13.

8.   Stormwater Management Plan:  That a general stormwater management plan for the entire 312-acre site be approved by the Town Manager prior to issuance of the first Zoning Compliance Permit.  A detailed stormwater management plan, based on the Town's Hydros program, shall be submitted with the final plan application for approval by the Town Manager.

9.   Steep Slopes:  That each submittal for Site Plan approval or Zoning Compliance Permit 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/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.

10.  Encroachment Agreements:  That any required State or local encroachment agreements (for landscaping and other required improvements) be approved prior to issuance of a Zoning Compliance Permit.

            Stipulation Related to Recreation Area

11.  Recreation Space Requirements for Residential Component:  That recreation space of sufficient area and type be provided for the residential components within this phase of development in accordance with Article 13 of the Development Ordinance.  The plans for the recreation area shall be reviewed for approval by the Town Manager.  The developer shall remain responsible for the recreation area unless the Town or Owners' Association accepts the property.

            Stipulation Related to Service Stations

12.  Service Stations:  That for any service station within this development, the following stipulations shall apply:

     a.   That all applicable Town regulations, including those pertaining to water supply watershed protection, be complied with.

     b.   That all applicable Town regulations, including those pertaining to water supply watershed protection, storm drainage, and hazardous materials be complied with.   Below is a partial list:

          -an emergency contingency plan must be prepared, in accordance with the requirements of Federal regulations, as part of the development application.  The report must be updated annually;

          -any storage container for hazardous materials (such as gasoline) shall be equipped with leak detection devices and shall be double-walled or have other secondary containment features;

          -storage areas shall be protected by a dike of appropriate size; and

          -all floor drains that might collect hazardous materials must be connected to a tank or catch basin or appropriate size, and shall not be open to the site's natural drainage system.

     c.   That the plans and operation of the gas station comply with Subsection 18.7.15 of the Chapel Hill Development Ordinance include the following standards for service stations:

          -the lot must be at least 20,000 square feet in area;

          -the lot must front and have direct access to an arterial or collector street;

          -provisions must be made for ventilation and dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids; and

          -the service station driveways must be at least 300 feet from any intersecting street, and at least 750 feet from any other service station driveway.

     d.   Additional protective measures for stormwater quality:

          -that surface runoff from the gas station be routed to an oil-sand separator for liquid waste collection to filter the grease, oils, and other pollutants form the stormwater above the stormwater inlets;

          -provisions for a waste disposal plan, addressing disposal methods and record-keeping for solid waste, waste trapped in the oil-sand separator, grease traps (and/or other filtering devices), and liquid waste in accordance with Federal, State, and local regulations.  The plan and records are to be provided to the Town annually;

          -for the fuel tanks:  provision of double-walled piping with automatic leak detectors, and double-walled tanks with interstitial monitoring and automatic alarm systems; registration with the State and annual tank fees paid to the State; and

          -provision of monitoring well(s) with a regular monitoring program.

Stipulations Related to State and Federal Government Approvals

13.  State or Federal Approvals:  That any required State or Federal permits and encroachment agreements (including but not limited to those needed for improvements to Highway 15-501, for stormwater management and erosion control, for water and sewer extension, and for development in the Water Supply Protection Area) be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit for the subject phase of development. 

14.  NCDOT Approvals:  That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

          Stipulations Related to Landscape Elements

15.  Landscape Protection Plan:  That a detailed landscape protection plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

     This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storing areas.

     The plan shall show the use of tree protection fencing between infrastructure construction and existing vegetation in:

     -    all required buffers

     -    all common areas (public or private)

     -    all areas designated to be used for multifamily (including townhouses) and nonresidential, or mixed use development.

     -    other areas, to be determined by the Town Manager.

16.  Street Tree Plantings:  That the developer shall provide street tree plantings in the following locations:

     -    along the storefront district streets

     -    at the entranceway on Highway 15-501

     -    along the entrance road from Highway  15-501 into the storefront district

     -    in the central public green

     In addition, street tree plantings shall be provided where no existing trees are shown as remaining within twenty feet of the curb on the Landscape Protection Plans submitted with final plan applications.

     These trees will be installed to Town standards as detailed in the Town's Design Manual and/or approved by the Town Manager.

17.  Landscape Plan Approval:  That a detailed landscape plans (including buffers and street tree plantings), landscape maintenance plans, and lighting plans be reviewed by the Town Manager for approval prior to issuance of a Zoning Compliance Permit.

     The following buffers shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements that this vegetation will be protected by fencing from adjacent construction:

     -    Type D buffer (minimum width 75', as measured from the new right-of-way line) along Highway 15-501

     Supplemental plantings may be necessary to fulfill the requirements for buffers, screening, and entranceway plantings.

18.  Plantings along the Highway Frontage:  That plantings be provided and existing vegetation preserved along the highway frontage in general compliance with the Town's Master Landscape Plan for Entranceways Corridors along U.S. 15-501.

   Stipulations Related to Water, Sewer and Other Utilities

19.  Fireflow:  That a preliminary fire hydrant plan and fireflow report for the 25-acre site be submitted with the final plans for this phase.

     A detailed hydrant plan and fireflow report shall be required  prior to the issuance of a Zoning Compliance Permit for this phase.  The following flows and pressures shall be provided:

     -    For non-residential:  2,500 - 12,000 gallons per minute, at 20 pounds per square inch residual pressure;

     -    For multifamily:  1,500 - 2,500 gallons per minute, at 20 pounds per square inch residual pressure; and

     -    For single-family:  750 gallons per minute, at 20 pounds per square inch residual pressure.

20.  Utility Service Laterals:  That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot.

21.  OWASA Easements:  That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

22.  Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Cablevision, Public Service Company, Southern Bell, and the Town Manager, before issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.  Plans may include installation of empty duct banks for future street lights and signal cable along internal streets.

                  Miscellaneous Stipulations

23.  Solid Waste Management Plan:  That a detailed solid waste management plan,including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

24.  Transportation Management Plan:  That prior to issuance of a Zoning Compliance Permit for any portion of the proposed office or commercial uses, the applicant prepare, for approval by the Town Manager, a Transportation Management Plan.  Required components of each Transportation Management Plan may include:

     a.   Provision for designation of a Transportation Coordinator;

     b.   Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

     c.   Quantifiable traffic reduction goals and objectives;

     d.   Ridesharing incentives; and

     e.   Public Transit incentives.

25.  Detailed Plans:  That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.

     The Town Manager may require adjustments to the street design to enhance safety and maintenance operations.

26.  Certificates of Occupancy:  That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.

     If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plat.

27.  Sight Triangle Easements:  That sight triangle easements be provided on the final plat.

28.  New Streets - Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

29.  New Street Names and Numbers:  That the name of the development and its streets and house/building numbers, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

30.  Erosion Control:  That a general soil erosion and sedimentation control plan for the 312-acre site be reviewed by the Orange County Erosion Control Officer with the review of the final plans for the first phase of development. 

     A phase-specific detailed erosion control plan shall be submitted with each final plan application for review and approval by the Orange County Erosion Control Officer.

31.  Silt Control:  That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

32.  Continued Validity:  That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

33.  Non-Severability:  That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Village Core Storefront District and the Village Green Entranceway Transition District in the Southern Village in accordance with plans and conditions listed above.

This the 6th day of July, 1993.

Council Member Herzenberg said he hoped that the Southern Village project would come to fruition in a timely fashion.  Mayor Broun and Council Member Rimer wished Mr. Bryan and his associates well in creating the village.

Places of Worship DOTA

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE 3.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING USES REQUIRING SPECIAL ACCESS (93‑7‑6/0‑3)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Development Ordinance adjusting the provisions regarding uses which require special access/frontage, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED as follows:

                           SECTION I

AMEND Subsection 12.6.1 of the Chapel Hill Development Ordinance to read as follows:

12.6.1    Uses Requiring Special Access Frontage

          Each of the following principal uses identified below shall be permitted in R‑IA, R‑1, R‑2A, and R‑2 zoning districts only if the zoning lot on which such use is located fronts on either an arterial or collector street: meets the specific requirements identified herewithin. The zoning lot on which the following principal uses are located shall front on either an arterial or collector street for a width equal to or exceeding the minimum lot width established in Section 13.11, for that particular zoning district:

          a)   Place of Worship

          b)   School, Elementary or Secondary

          c)   Public Cultural Facility

          d) Child Day Care Center

                          SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 6th day of July, 1993.

Exterior Changes DOTA

Mr. Horton said the offered alternate ordinances for the Council's consideration.  He said adoption of Ordinance 4a was recommended. Council Member Herzenberg said there was very little difference between the two ordinance proposals.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE 4A.

Council Member Brown noted that when the second historic district had been contemplated and discussed, there was also discussion that changes not visible from the right-of-way would not necessitate certificates of appropriateness.  She said there was no language in the proposed resolution to support this point.  Council Member Brown requested that staff provide a follow-up report on possible administrative review of proposed minor changes.  Council Member Brown said she supported the proposed change.  Mr. Horton said the staff would be glad to bring back a report on the limits of staff review.  Noting that he was currently involved in a matter before the Commission, Council Member Rimer suggested that the Council might wish to consider broadening the scope of review more holistically.  Mr. Horton said staff welcomed instruction in this matter.  Council Member Herzenberg noted that the Commission's first chair had thought it was a good idea not to clutter up the proposed ordinance with unnecessary detail.

ORDINANCE 4A WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND THE CHAPEL HILL DEVELOPMENT ORDINANCE TO CLARIFY THE LANGUAGE REGARDING CHANGES IN THE HISTORIC DISTRICTS WHICH ARE NOT VISIBLE FROM A PUBLIC RIGHT‑OF‑WAY (93‑7‑6/0‑4a)

WHEREAS, the present language in the Development Ordinance causes confusion as to whether changes which are not visible from the public right‑of‑way require a Certificate of Appropriateness; and

WHEREAS, the Chapel Hill Historic District Commission has requested the Town Council to clarify the language to indicate that all exterior changes require a Certificate of Appropriateness;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Development Ordinance, Article 6.6, first paragraph, is hereby amended to read:

     In considering an application for a Certificate of Appropriateness, the Commission shall take into account the historical and/or architectural significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure.

This the 6th day of July, 1993.

Increase Delay Period in HDCs

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 5.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE TO EXTEND THE DEMOLITION DELAY PERIOD FROM 180 TO UP TO 365 DAYS (93‑7‑6/0‑5)

WHEREAS, the North Carolina General Assembly adopted legislation in 1991 permitting local governments to authorize their Historic District Commissions to delay demolition of structures in local historic districts for up to 365 days; and

WHEREAS, the Chapel Hill Historic District Commission has requested the Town Council to extend the delay period for demolitions in the historic districts to up to 365 days; and

WHEREAS, the State Historic Preservation Office has recommended that all Certified Local Governments amend their local development ordinances to reflect the 365 day demolition delay authorized by State law;

NOW, THEREFORE, BE IT ORDAINED as follows:

Article 6.5.4 of the Town of Chapel Hill Development Ordinance is hereby amended by revising the second to the last paragraph to read:

     An application for a Certificate of Appropriateness authorizing the demolition of a building or structure within the Historic District may not be denied. However, the effective date of such a certificate may be delayed for up to three hundred and sixty five (365) days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the Commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the building. If the Commission finds that the building has no particular significance or value toward maintaining the character of the Historic District, it shall waive all or part of such period and authorize earlier demolition or removal.

     Note: NCGS 160A‑400.14 authorizes the 365 day delay.

This the 6th day of July, 1993.

Hotel-Motel Tax Allocations

Mr. Horton said a total of $33,500 was recommended for allocation, with $18,500 for new projects and $15,000 for activities of the Bicentennial Committee.  He noted that a total of twenty-two funding requests had been received.

Claire Kirk, representing the Writers Network, said she was aware that there might not be sufficient funds for all organizations. Noting the importance of vital cultural activities, Ms. Kirk suggested distributing the hotel-motel tax allocation funds among a larger number of organizations.

Mayor Broun suggested that the Council either adopt the Manager's recommendation or form a committee to examine contingency recommendations.  Noting that he had served on the hotel-motel tax allocations committee last year, Council Member Capowski suggested that the Council adopt the Manager's recommendation.  He also proposed that the Council consider setting aside 15% of the hotel-motel tax allocation for organizations which had not previously received such funding.

Council Member Herzenberg said he agreed with Ms. Kirk's observations.  Noting that he did not disagree with the Manager's recommendations, Council Member Herzenberg said the basic problem was that there was insufficient funding to allocate for cultural and visitor information programs.  He suggested that the Council consider allocating 20% of the hotel/motel tax revenue, rather than the 10% presently allocated.  Council Member Herzenberg said it was a good idea for the Council to provide fiscal support to the ArtsCenter.

Noting that the Council spent a large amount of time discussing relatively small allocations, Council Member Brown said Ms. Kirk's concern was a legitimate one.  She suggested that a group examine ways to more equitably allocate hotel-motel tax funds in the future.  Council Member Andresen said although she agreed about the need to examine funding criteria, she also felt that the Council should accept the Manager's allocation recommendations.  She suggested that the Council establish a committee to meet with all organizations interested in receiving hotel-motel tax allocation funding.  Council Member Chilton said Council Member Brown appeared to be suggesting that a committee come make recommendations to the Council concerning a different process for the allocation of hotel-motel tax funds.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 6.

Council Member Werner noted that the spent about thirty minutes discussing the allocation of a relatively small amount of money. Mayor Broun suggested that the Council adopt the Manager's recommendation and possibly consider using contingency funds for smaller allocations later in the fiscal year.  Council Member Capowski inquired about the amount of contingency funds expended in recent years.  Mr. Horton said almost all contingency funds had been expended in 1992-1993 while almost none were spent in 1991-1992.  Council Member Herzenberg said it seemed foolish to expend contingency funds early in the fiscal year. Council Member Capowski expressed his concurrence that it was not a good idea to expend contingency funds early in the year.  He inquired whether Town staff could preserve Michael Brown's murals in the downtown area.  Mr. Horton said no, noting that this involved improvements to private property.  Council Member Powell expressed her concurrence with Ms. Kirk's statement and the Manager's recommendation.  She suggested that the Council consider broadening the hotel-motel allocations process next year.  Council Member Herzenberg noted that one of Mr. Brown's murals was on Town property.  He added that a recent Chapel Hill Herald editorial had suggested holding a fundraiser for local mural preservation.

RESOLUTION 6 WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS BROWN, HERZENBERG AND RIMER VOTING NO.

A RESOLUTION APPROVING 1993‑1994 ALLOCATIONS FOR PERFORMANCE AGREEMENTS USING HOTEL/MOTEL TAX FUNDS (93‑7‑6/R‑6)

WHEREAS, on January 25, 1993, the Council pledged $15,000 in FY 1993‑94 hotel/motel funds for use by the Bicentennial Committee for the 1993‑94 Bicentennial celebration; and

WHEREAS, the Council adopted criteria for selection of hotel/motel projects on January 23, 1989, and provided further guidance on October 14, 1991; and

WHEREAS, the recommended proposals meet the criteria established by the Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following project proposals for FY 1993‑94 for the use of hotel/motel tax funds:

                                                   Recommended

Project            Applicant                        Allocation

Rent Subsidy       The Artscenter                    $15,000

Bicentennial       Bicentennial Committee            $15,000

Celebration

Travel Subsidy     North Carolina High School

                        Athletic Association         $ 3,500

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to execute, on behalf of the Town, performance agreements with the above individuals/organizations for use of the hotel/motel tax funds.

This the 6th day of July, 1993.

Human Services Performance Agreements

Mr. Horton said the Human Services Advisory Board recommended allocations totalling $70,050.  Council Member Chilton thanked the Human Services Advisory Board for their review of various applications.  He noted that some policies had been changed for the better.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 7.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING 1993‑94 FUNDING FOR PERFORMANCE AGREEMENTS WITH HUMAN SERVICE AGENCIES AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (93‑7‑6/R‑7)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following appropriations for performance agreements with human service agencies in 1993‑94 to address the community's human service needs identified by the Human Services Advisory Board:

                                                     Amount

     The Arc                                         $6,500

     Center for Peace Education                      $1,350

     Chapel Hill‑Carrboro Meals on Wheels            $1,300

     Charles House                                   $3,000

     Child Care Networks                             $1,000

     Community School for People Under Six           $1,600

     Consumer Credit Counseling Service                   $3,000

     Day Care Services Association                        $9,500

     Dispute Settlement Center                       $3,000

     Franklin Street Teen Center                     $2,000

     Joint Orange‑Chatham Community Action           $5,400

     Mental Health Association in Orange County      $2,000

     Orange County Disabilities Awareness Council         $  400

     Orange County Literacy Council                  $5,000

     Orange County Rape Crisis Center                $8,000

     Orange County Women's Center                    $3,500

     Orange/Durham Coalition for Battered Women      $7,000

     Triangle Hospice                                $1,500

     Volunteers for Youth                            $5,000

                                           TOTAL:   $70,050

BE IT FURTHER RESOLVED that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, agreements with the above agencies for services described in the Human Services Advisory Board's report on May 24, 1993.

This the 6th day of July, 1993.

     Bolin Creek Greenway Advisory Committee Report

Mr. Horton said the Committee had done good work and look forward to the proposed informal hearing.  Council Member Capowski inquired why the trail needed to be paved with asphalt and why the installation of tree fencing would cost an estimated $20,000.  Council Member Werner suggested that the staff's follow-up report contain a summary of different options for the proposed trail.  Mr. Horton said staff could provide this information.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 8.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ACCEPTING THE BOLIN CREEK ADVISORY COMMITTEE'S CONCEPTUAL PLAN REPORT FOR PHASE II OF THE BOLIN CREEK GREENWAY TRAIL AND CALLING AN INFORMAL PUBLIC HEARING ON SEPTEMBER 20, 1993 (93‑7‑6/R‑8)

WHEREAS, the Council established the Bolin Creek Greenway Advisory Committee for the purpose of making recommendations related to the proposed Phase II of the Bolin Creek trail, and;

WHEREAS, the Bolin Creek Greenway Advisory Committee has made recommendations concerned with the location, design, and program of the proposed trail, and;

WHEREAS, the Council values the opinions of members of the public regarding the placement of public transportation and recreation facilities,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the Bolin Creek Greenway Advisory Committee's Conceptual Plan Report for the Bolin Creek Greenway Phase II, and calls a public hearing on September 20, 1993 for the purpose of reviewing public comment on the Committee's report.

BE IT FURTHER RESOLVED that the Council expresses its appreciation to the members of Bolin Creek Greenway Advisory Committee for their work on the plans for Phase II of the Bolin Creek Greenway Trail.

This the 6th day of July, 1993.

             Firefighter Retirement Benefits Cost

Mr. Horton said staff recommended adoption of Resolution 9, opposing changes in laws concerning firefighter retirement benefit costs to local governments.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 9.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION OPPOSING HOUSE BILL 1033 AND SENATE BILL 1235 (93-7-6/R-9)

WHEREAS, House Bill 1033 and Senate Bill 1235 would require additional retirement benefits for fire personnel that would not be available to most other municipal employees; and

WHEREAS, these bills would increase the Town's costs by at least $45,000 starting in 1993-94; and

WHEREAS, neither bill would guarantee that municipalities' costs would be fully covered, and there is a potential for the offsetting revenue source in Senate Bill 1235 to be rescinded, reduced or frozen by future legislative action;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council opposes House Bill 1033 and Senate Bill 1235, and requests that the Senators and Representatives whose districts include Chapel Hill also oppose these bills.

This the 6th day of July, 1993.

                        Consent Agenda

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 10, EXCEPTING CONSENT AGENDA 'N' (RESOLUTION 21).  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-7-6/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:

     a.   Minutes of June 14.

     b.   State certification of police and fire rosters (R-11).

     c.   Library user fee schedule (R-12).

     d.   Orange Community Housing Corporation funding request

          (R-13).

     e.   Authorization for post office building mural (R-14).

     f.   Amendment to southern park an ride lot contract (R-15).

     g.   Purchase offer for NC 86 park and ride lot (R-16).

     h.   Calling hearing on Comprehensive Housing Affordability Strategy (R-17).

     i.   Change order for new public housing contract (R-18).

     j.   Calling hearing on proposed annexation boundaries (R-19).

          Chapel Hill-Carrboro Annexation Boundary Workgroup.

     k.   Changes to Parks and Recreation Department policies

          (O-6).

     l.   Amendments to smoking ordinance (O-7).

     m.   HOME program (R-20).

     n.   Authorizing study of cooperation between Chapel Hill and Carrboro fire departments (R-21).

     o.   Pay plan amendments (O-8).

This the 6th day of July, 1993.

A RESOLUTION AUTHORIZING CERTIFICATION OF FIREFIGHTERS

(93‑7‑6/R‑11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is hereby authorized to certify to the North Carolina Firefighters' Pension Fund the attached roster of Firefighters and Public Safety Officers employed by the Town of Chapel Hill on June 30, 1993.

This the 6th day of July, 1993.

A RESOLUTION AMENDING THE LIBRARY FINES AND FEES SCHEDULE ADOPTED ON JUNE 28, 1993 (93-7-6/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Library Fines and Fees Schedule adopted on June 28, 1993 is hereby amended as follows:

Library Board Recommendation:  6/9/93

Town Council Approval:         6/28/93

                  CHAPEL HILL PUBLIC LIBRARY

              Proposed Schedule of Fines and Fees

                           1993-1994

FINES FOR OVERDUE MATERIALS

     Adult              $.15/day Maximum:  $10.00 per item 

     Juvenile           $.15/day  Maximum:  $3.50 per item   

     Reserve Books      $.25/day           Maximum:  None          

NON-RESIDENT FEES  $30/year

SPECIAL SERVICES FEES

     Reserves - Adult/YA     $.30/each

     Reserves - Juvenile          $.30/each

     Interlibrary Loan       $1 each + any lending library charge

     Return Postage for Films     Actual cost

     Photocopies                  $.10

LOST/DAMAGED MATERIALS  :  A $4.00 per item processing fee will be charged for lost/damaged items.  In addition to the processing fee, the Library also charges the current replacement price of material.  If current replacement price is unavailable, then:

     Hardcovers

          Adult/YA      $18.00

          Juvenile      $ 9.00

     Paperbacks (Book + cover cost, when applicable):

          Trade (Adult/YA)   $ 8.00

          Mass Market (A)    $ 4.00

          Mass Market (J)    $ 3.00

          +Cover Cost        $ 4.00 

     Records/Cassettes (Material + jacket cost, when applicable):

          Adult/YA      $10.00/disc or tape + jacket

          Juvenile      $ 7.50/disc or tape + jacket

          +Jacket Cost       $ 2.75/single; $3.50/double

     Toys               $ 5.00

LOST LIBRARY CARDS  : 

     First card replacement       $ .50

           Second card replacement    $1.00

     Third card replacement       $3.00

     + three replacements         $5.00

This the 6th day of July, 1993.

A RESOLUTION AUTHORIZING A LOAN TO THE ORANGE COMMUNITY HOUSING CORPORATION (93‑7‑6/R‑13)

WHEREAS, the Orange Community Housing Corporation has requested a loan to assist in the purchase of lots in Abbotts Colony Subdivision; and

WHEREAS, the use of funds as described by the Corporation in a June 9, 1993 letter to the Town Manager is consistent with Town objectives for use of such funds; and

WHEREAS, the Town has $6,000 of un‑appropriated funds from its 1992‑93 annual Low‑Income Housing Allocation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a loan agreement in the amount of $6,000 with the Orange Community Housing Corporation, for purpose of assisting in the purchase of lots in the Abbotts Colony Subdivision, with the terms of the agreement to include:

     .    maximum loan terms of two years;

     .    0% interest;

     .    $1,500 due to the Town at closing out of the proceeds of sale of each of four homes;

     .    income of eligible homebuyers to be less than 80% of median income, with a preference for families with incomes at or below 60% of the area median income; and

     .    execution of a Deed of Trust on the lots acquired as security for the Town's loan.

This the 6th day of July, 1993.

A RESOLUTION AUTHORIZING THE PLACEMENT OF A MURAL IN THE FRANKLIN STREET POST OFFICE/COURT FACILITY (93‑7‑6‑/R‑14)

WHEREAS, the Council of the Town of Chapel Hill appointed a Bicentennial Committee to plan the commemoration and celebration of the 2OOth anniversary of Chapel Hill; and

WHEREAS, the Bicentennial Committee recommends that a mural depicting the auctioning of the original lots of the village be hung in the Franklin Street Post Office/Court facility; and

WHEREAS, Mr. Michael Brown, a local artist, has agreed to paint the mural (similar to the attached sketch);

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the placement of the mural in the Franklin Street Post Office/Court facility.

This the 6th day of July, 1993.

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT FOR PURCHASE OF LAND AND THE RELOCATION OF A PARK/RIDE LOT WITH SOUTHERN VILLAGE DEVELOPMENT COMPANY (93‑7‑6/R‑15)

WHEREAS, the Town operates public transportation services within the Town; and

WHEREAS, The Town has planned for the construction of a new park/ride lot along US Highway 15‑501 South at a site known as the Southern Community Park, with funding from the Federal Transit Administration and the North Carolina Department of Transportation; and

WHEREAS, Southern Village Development Company is developing property which abuts the Southern Community Park Site on its northern boundary and is interested in having a park/ride facility in close proximity to its development; and

WHEREAS, the parties, for their mutual benefit, have entered into an agreement to cooperate to design and construct a park/ride lot and access road on the proposed Southern Village property;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council authorizes the Town Manager to negotiate and execute an amendment to the agreement on behalf of the Town, for the relocation of the access road to the 15‑501 South Park/Ride Lot.   The amendment will insure that the Town incurs no additional cost to provide access to the park/ride lot, and that all cost for the purchase of land and the construction of the lot and the access road are within the budget approved for this project.

This the 6th day of July, 1993.

A RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF AN AGREEMENT WITH I‑40 & 86 CLOVERLEAF ASSOCIATES PARTNERSHIP

(93-7-6/R-16)

WHEREAS, the Town has planned for the construction of a new park ride lot along NC 86 north, using grant funds from the Federal Transit Administration and the North Carolina Department of Transportation; and

WHEREAS, I‑40 & 86 Cloverleaf Associates Partnership owns property along Eubanks Road near the intersection of I‑40 & NC 86 north, and is interested in selling that land to the Town,

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to negotiate and execute an agreement on behalf of the Town with I‑40 & 86 Cloverleaf Associates Partnership to purchase land for the purpose of developing a park and ride lot.

BE IT FURTHER RESOLVED that the Town Manager be authorized to expedite the processing of application materials for a Special Use Permit for this park and ride lot.

This the 6th day of July, 1993.

A RESOLUTION CALLING A PUBLIC HEARING ON THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (93‑7‑6/R‑17)

WHEREAS, The National Affordable Housing Act of 1990 has replaced the Housing Assistance Plan with the Comprehensive Housing Affordability Strategy; and

WHEREAS, the U.S. Department of Housing and Urban Development requires the development of Comprehensive Housing Affordability Strategy in order to receive Community Development Block Grant Funds; and

WHEREAS, the U.S. Department requires that a public hearing be held to give citizens and community groups an opportunity to comment on the Comprehensive Housing Affordability Strategy.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a Public Hearing be called for 7:30 p.m., Monday, September 20, 1993 in the Council Chamber of Town Hall, 306 North Columbia Street, Chapel Hill, to receive citizens comments on housing needs, objectives, and potential strategies for developing a Comprehensive Housing Affordability Strategy as required by the United States Department of Housing and Urban Development.

This the 6th day of July, 1993.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE CHANGE ORDERS IN THE AMOUNT OF $75,285.50 TO DTH CONSTRUCTION COMPANY, INC. FOR THE NEW PUBLIC HOUSING UNITS (93-7-6/R-18)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute change orders with DTH Construction Company, Incorporated in the amount of $75,285.50 for the new public housing construction, as listed below and discussed in the Town Manager's report of June 28, 1993.

37.  Eliminate 18" concrete piping under               (609.22)

     Stateside Drive.

38.  Change in electrical boxes.                          89.00

39.  Change in duct system and add plumbing           No Charge

     cleanouts.

40.  Add solid blocking between floor trusses.         2,231.00

41.  Increase material cost for doors.                 5,729.28

42.  Increase material cost for trusses on            10,510.73

     remaining six buildings.

43.  Increase material cost for wood trim.            10,971.00

44.  Add foundation waterproofing and drains on       10,327.05

     remaining buildings.

45.  Provide additional foundations work on           34,374.16

     remaining buildings.

46.  Remove unsuitable soil remaining on site.         1,662.50

This the 6th day of July, 1993.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AN ANNEXATION BOUNDARY AGREEMENT (93-7-6/R-19)

WHEREAS, the Council of the Town of Chapel Hill desires to promote orderly growth and cooperative planning with the Town of Carrboro; and

WHEREAS, the Chapel Hill Town Council and the Carrboro Board of Aldermen have appointed an Annexation Work Group to identify a potential Annexation Boundary Agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for September 20, 1993 at 7:30 p.m. in the Council Chamber of the Town Hall, 306 North Columbia Street, Chapel Hill, NC, to consider a proposed Annexation Boundary Agreement.

This the 6th day of July, 1993.

AN ORDINANCE AMENDING CHAPTER 12 OF THE TOWN CODE OF ORDINANCES REGARDING VARIOUS PARKS AND RECREATION POLICIES (93-7-6/O-6)

                     PARKS AND RECREATION*

Art. I. In General, §§ 12-16 - 12-22

                     ARTICLE I. IN GENERAL

Sec. 12-1.    Opening and closing hours of Town parks; remaining in parks after closing.

Except as authorized by the Director of Parks and Recreation, or his designee, the following town parks and Greenways are closed from 30 minutes past sunset until 6:00 a.m.:

Battle Branch Trail;

Bolin Creek Trail;

Booker Creek Trail;

Burlington Boulevard Park;

Emily Braswell Perry Park;

Gomains Tot Lot;

Greendale Park;

Jones Park;

North Forest Hills Park;

Pine Knolls Neighborhood Park;

Tanyard Branch Trail;

Westwood Park;

all entranceways, greenways, parks, and open space lands not specifically mentioned in this ordinance

Except as authorized by the Director of Parks and Recreation, or his designed, the following town parks are closed from 11:00 p.m. until 6:00 a.m.:

Cedar Falls Park;

Community Center Park;

Ephesus Park;

Hargraves Park

Lincoln Gymnasium and Arts Building;

Oakwood Park;

Phillips Park;

Pritchard Park;

Umstead Park.

Upon complaint by any person or town police or public safety officer or town parks and recreation department employee, any person upon any town park after the park has closed may be asked to leave, unless that person is participating in a Town sponsored program or has obtained, from the Director of Parks & Recreation, written permission to remain on the site.  It shall be unlawful to remain upon the park during the time the park is closed after being asked to leave by any police or public safety officer or authorized employee of the town parks and recreation department.

Sec. 12-2.  Compliance with regulations; enforcement.

All persons in any park, greenway, open space, entranceway, playground, recreation or community center, facilities temporarily leased by the Town for parks and recreation purposes, swimming area or facility (collectively "park") owned or controlled by the Town of Chapel Hill shall obey the regulations set out in section 12-3.  These regulations and other provisions of this article may be enforced by any law enforcement officer within the officer's appropriate territory and subject jurisdiction or by the parks and recreation director, or by any parks and recreation department employee so designated and empowered by the parks and recreation director. (Ord. No. 0-85-52, § 1, 8-26-85)

Sec. 12-3.  Rules and regulations for town parks.

(a)  No person shall willfully mark, deface, disfigure, injure, tamper with, or without the authorization of the town, displace or remove any structure, equipment, facility, or any other real or personal property, that is the property of or under the control of the parks and recreation department.

(b)  No person shall willfully damage, cut, carve, transplant or remove any tree, shrub, bush or plant within any park except in maintenance or other activity under the direction of the town.

(c)  No person shall willfully disturb, harass, capture, harm, molest, or injure any wild animal or its habitat within any park except in maintenance or other activity under the direction of the town.

(d)  No person shall drive, park or ride any motorized vehicle in any park except in areas so marked, signed or designated for motorized vehicular traffic and except in maintenance or other activity under the direction of the town and by persons requiring the use of motorized wheelchairs.

(e)  No person shall drive, park, or ride non-motorized vehicles  in any park, greenway, entranceway, or open space signed for the exclusion of non-motorized vehicles except in maintenance or other activities under the direction of the town and by persons requiring the use of non-motorized wheelchairs.

(f)  No pedestrian, or person utilizing a non-motorized vehicle, on trails and roads located within parks, greenways, entranceways, or open space shall act in a manner that endangers other users. The following shall be prohibited by all park users:

     (1).      Passing pedestrian or non-motorized vehicle users on the right.

     (2).      Traveling left of the center line of the trail.

     (3).      Failing to control non-motorized vehicles.

     (4).      Using public trails under the influence of illegal drugs or alcohol.

     (5).      Failing to signal with voice, bell, or horn prior to passing pedestrian or non-motorized vehicle users.

     (6).      Exceeding posted speed limits.

     (7).      Acting in a manner which causes more than 50% of a trail, path or road to be blocked.

     (8).      Failing to yield the right-of-way when crossing trails, bike paths, or roads.

     (9).      Using public paths or greenway trails to gain unlawful or uninvited access to private property.

(g)  No person shall dump, deposit, leave or place trash, rubbish, garbage, ashes wastes, broken glass or other rubbish within any park, greenway, entranceway, or open space except in garbage, trash recycling or other property receptacles provided for the purpose.  No person shall dispose of household garbage or rubbish within any park.

(h)  No person shall camp or stay overnight in any park, except with written permission from the parks and recreation director.

(i)  Except for authorized personnel or agents of the parks and recreation department or law enforcement personnel, no person shall enter any park or remain in any park during the hours the park is closed to the public as set out in section 12-1 above.

(j)  Dogs, cats, and other pets, excluding horses, livestock and animals not commonly domesticated, are allowed within the parks, except in those areas specifically marked and designated that no dogs, cats, or other pets shall be allowed. All animals are subject to the Town animal control ordinance.

(k)  No person shall solicit, peddle or beg within any park, or sell any merchandise or wares. This subsection shall not apply to (i) any concession franchise granted by the parks and recreation department for a park, or (ii) any solicitation or sale of goods by nonprofit or civic groups, provided that written permission is obtained in advance from the parks and recreation director or the director's designed.  No such permission shall be issued to any group more than once each year.

(l)  No person shall carry, possess or use any firearm or other dangerous weapon within any park.  This section shall not apply to law enforcement or other government personnel acting within the scope of their employment.

(m)  No person shall use, consume or possess any alcoholic beverages, beer or wine within the park; no person shall use, consume or possess any narcotic drug or hallucinogen or any other controlled substance within any park without a valid physician's prescription for the substance.

(n)  All persons in any park shall obey all posted regulations, signs and directions.

(o)  No person shall swim or boat in parks except in waters and in areas designated for such purpose or purposes by the parks and recreation department.

(p)  No person shall engage, either verbally or physically, in any loud, disruptive or offensive conduct, or engage in any activity or sport in a manner which threatens the safety or welfare of other patrons of the park, or which unreasonably impairs the public's opportunity to use and enjoy the park.

(q)  All persons using or present in the vicinity of swimming pools or other water areas shall obey oral instructions from pool staff members, posted regulations and notices relating to conduct of patrons, safety requirements, and health and hygiene requirements.

(r)  Participants in organized league sports shall obey the special rules and regulations relating to such activities in the park as prescribed by the parks and recreation department.

(s)  No person other than parks and recreation department personnel acting within the scope of their employment shall, without the permission of the town, place, maintain or erect any sign, poster, notice or advertising device within any park.

(t)  No person, except those persons requiring the use of a seeing eye dog, shall bring a dog onto public sidewalks and streets which have been closed by the Town Council for the purpose of holding Street Fairs, races, or other community events. All animals are subject to the Town animal control ordinance.

(u)  Any person shall immediately leave park premises after being requested or directed to leave by the parks and recreation director or the director's designed.  The parks and recreation director or director's designed shall make such a request only upon a reasonable belief that the person has violated the provisions of this section.  Any person leaving or removed from the park shall not re-enter the park unless he or she obeys all regulations governing use of the park. (Ord. No. 0-85-52, § 2, 8-26-85)

Sec. 12-4.  Penalty for violation of section 12-3.

Each violation of the provisions of section 12-3 of this article shall be a misdemeanor and be subject to a fine of $500 or imprisonment for not more than 30 days."

Secs. 12-5 - 12-15.  Reserved.

This the 6th day of July, 1993.

AN ORDINANCE AMENDING ARTICLE XIII, CHAPEL HILL SMOKING AND POLLUTION CONTROL, OF CHAPTER 11 OF THE TOWN CODE OF ORDINANCES (93‑7‑6/0‑7)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Code Sections 11‑123 and 11‑125 of Article XIII, entitled Smoking and Pollution Control;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

                           SECTION I

AMEND SECTION 11‑123 of the Town Code to read as follows:

     Posting of Signs Required.

     "No Smoking:, or other signs relating to an establishment's smoking policy, whichever are appropriate, with letters of not less than one inch at least one‑half inch (1/2") in height, and/or the international "No Smoking" symbol shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this Article.

                          SECTION II

AMEND Section 11‑125 of the Town Code to read as follows:

     Enforcement and Penalties.

     Smoking shall be prohibited in any place or area which has been designated pursuant to this Article as a non‑smoking area. Where there is any uncertainty as to the intent or actual meaning of any provision of this Article, the Town Manager shall make an interpretation of said provision on request of any person. This Article may be enforced by any one or more of the remedies authorized by N.C.G.S. 160A‑175.

                          SECTION III

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 6th day of July, 1993.

A RESOLUTION AUTHORIZING SUBMISSION OF CONSORTIUM INFORMATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (93‑7‑6/R‑20)

WHEREAS, Chapel Hill, Carrboro, Orange County and Hillsborough are currently members of the Orange County HOME Consortium, established on August 3, 1992; and

WHEREAS, the Consortium may potentially qualify for formula allocations from the U.S. Department of Housing and Urban Development;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to submit a request to determine the eligibility of the Orange County HOME Consortium as a formula recipient under the HOME program operated by the U.S. Department of Housing and Urban Development.

This the 6th day of July, 1993.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN

(93-7-6/O-8)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning July 1, 1993 (93-6-28/O-2) and beginning September 1, 1993.

In Section III

in grade 12, ADD the title Sentencing Program Assistant.

in grade 25, DELETE the title Alternative Sentencing Coordinator, and in grade 23, ADD the title Alternative Sentencing Coordinator.

In Section IV, part C, in the Public Safety section, DELETE the line

                             Full-time     Part-time     Grade

                             no.   hrs.    no.   hrs.

Alternative Sentencing

     Coordinator             1   40       -      -         25

and ADD the lines

Sentencing Program Assistant -     -       1      20        12

Alternative Sentencing

     Coordinator             1   40       -      -         23

This the 6th day of July, 1993.

Council Member Andresen asked the Manager to comment on the concept of merging the Chapel Hill and Carrboro Fire departments.  Mr. Horton said both communities were examining public safety organizational efficiencies.  He said it was wise to consider the possibilities for greater cooperation between the two communities.  He said although a merger of the departments was unlikely some other middle ground might prove beneficial.  Council Member Brown inquired about the differences between a unified command and the merger of the two departments.  Mr. Horton said a merger would necessitate the dissolution of one department.  He stated that a unified command would involve a consolidation of the two department's administrative resources and personnel.  Council Member Capowski said it was worth $1,750 to explore the possible merger.  Council Member Powell said the possibilities for merger could have been examined a number of years ago.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 21,  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING A CONTRACT FOR STUDY BY A CONSULTANT TO BE ENGAGED JOINTLY BY THE TOWNS OF CARRBORO AND CHAPEL HILL

(93-7-6/R-21)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into an agreement or agreements with the Town of Carrboro and a consultant for the purpose of obtaining a study of alternatives for cooperation between the Chapel Hill and Carrboro Fire Departments as discussed in the Manager's report of July 6, 1993, on this matter.

This the 6th day of July, 1993.

                      Information Reports

Council Member Andresen said the Council and Planning Board had a philosophical difference on roadway connections between neighborhoods.  Town Engineer George Small said both sides of the matter had been evaluated by the Engineering Design Standards Committee.  Council Member Werner said the Council did not favor putting connecting traffic into existing neighborhoods.  Mr. Horton said the staff could present some options to the Council on this matter.  Council Member Rimer emphasized the importance of not infringing on existing neighborhoods with connecting traffic. Council Member Capowski suggested that the Council consider reviewing the Town's bicycle helmet ordinance.  Council Member Werner said a non-scientific sample appeared to suggest that fewer children were wearing bicycle helmets than had worn them shortly after adoption of the new ordinance.  Council Member Rimer said it was a good idea to revisit the matter.  Mayor Broun asked whether the Bicycle Advisory Committee could be a resource for the reexamination.  Council Member Werner said yes.

The regular meeting concluded at 10:54 p.m.

                       Executive Session

THE COUNCIL HEARD A REPORT FROM THE TOWN ATTORNEY REGARDING THE SETTLEMENT BY THE TOWN'S INSURANCE CARRIER, OF A CLAIM FILED BY TIMOTHY HILL.  IN 1992 MR. HILL WAS ARRESTED AND HELD IN CUSTODY FOR THREE WEEKS BEFORE MAKING BAIL.  HIS ARREST WAS BASED ON AN EYEWITNESS IDENTIFICATION.  ALL CHARGES AGAINST MR. HILL WERE DROPPED WHEN IT WAS LATER DETERMINED THAT HE HAD NO CONNECTION WHATSOEVER TO THE ALLEGED CRIME.  MR. HILL RECEIVED $3,700 FROM THE INSURANCE CARRIER AND SIGNED A RELEASE STATING THAT NO IMPROPER POLICE PROCEDURES OR ACTIONS OCCURRED IN THE MATTER INCLUDING HIS ARREST.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO INCREASE THE ANNUAL COMPENSATION OF TOWN MANAGER HORTON AND TOWN ATTORNEY KARPINOS BY 3% EACH.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).