MINUTES OF A REGULAR MEETING OF THE
MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JANUARY
10, 1994 AT 7:30
Mayor Broun called the meeting to
order. Council Members in attendance
were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Jim
Protzman, Barbara Powell and Rosemary Waldorf.
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.
Item 1 Ceremony
Bicentennial
Committee Co-Chairperson Nancy Preston said the Bicentennial Celebration would
continue through April, 1994. She noted
that the dedication of the first Bicentennial Town entranceway marker had
occurred in December, 1993. Ms. Preston
stated that three other marker dedications would occur in February and March,
1994. She stated that the Bicentennial
Committee was marketing a variety of products including flags, t-shirts, tote
bags and mugs. Ms. Preston presented
small Bicentennial celebration flags to each Council member.
Bicentennial
Committee Co-Chairperson Betty Caldwell said a book and video about the Town's
Bicentennial were in process. She
stated that copies of the video would be distributed to area schools. She requested the Council's continued
support of Bicentennial-related projects.
Mayor Broun thanked
members of the Bicentennial Committee for their efforts. Council Member Capowski thanked the
Bicentennial Committee for actively marketing its logo.
Item 3 Petitions
Alan Whitaker,
President of the Piney Mountain Homeowners Association, said his neighborhood
had petitioned the OWASA Board on December 9th to install a sewer pressure line
to City of Durham facilities. Mr.
Whitaker said 58 Piney Mountain homeowners would bear all design and
installation costs of the line. He
stated that the sewer line was needed to address the public health hazard of
failing septic tanks. Mr. Whitaker said
he and his neighbors requested a prompt decision from the Council on their
request to connect to the City of Durham system.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER THE
PETITION TO THE MANAGER.
Mayor Broun said it
was appropriate that a staff report be prepared on the matter. Council Member Capowski asked that the staff
report contain information on why the Town was involved in the matter and
staff comment on
possible additional tap-ons onto the proposed new line. Council Member Brown requested that the
staff report contain information on the number of sewer systems in Orange
County similar to the Piney Mountain system.
She also asked for information on water service in the area. Noting the need for prompt action in the
matter, Mayor Broun asked whether it would be possible for staff to report back
by January 25th. Mr. Horton said yes.
THE MOTION TO RECEIVE
AND REFER WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Broun said no
action was needed on the OWASA Board's request to send Council representatives
to the OWASA retreat.
Claire Cooperstein
emphasized the importance of preserving and growing trees in the
community. A copy of Ms. Cooperstein's
remarks are on file in the Clerk's Office.
Ms. Cooperstein presented Sierra Club bumper stickers to Council
Members.
Noting that a letter
had been received from citizens in the area, Council Member Waldorf said the
intersection of Curtis and Elliott Roads was heavily travelled. Council Member Protzman said the
intersection was confusing.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE
PETITION. THE MOTION WAS ADOPTED
UNANIMOUSLY (9-0).
Joyce Tennison, a
resident of Southbridge subdivision and parent of a Culbreth Middle School
sixth grader, said she was concerned about children's safety in the area and
the crossing of a State road. Ms.
Tennison said she had been working with Town engineering staff to address
safety concerns about area crosswalks and sidewalks. She encouraged Council Members to visit the area to evaluate
safety problems.
COUNCIL MEMBER PAVÃO
MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO THE
MANAGER. THE MOTION WAS ADOPTED
UNANIMOUSLY (9-0).
Berkeley Grimball,
part-owner of Grimball-Stokes Jewelers, submitted a petition from West Franklin
Street merchants requesting conversion of parking lot number 3 to a public
parking lot, designation of a pedestrian crossing and the installation of no
bicycle signs. He also said a number of
merchants opposed the installation of benches in conjunction with streetscape
program pilot project.
Council Member Brown
inquired about the merchant's opinion of the proposed timing of the pilot
streetscape plan. Mr. Grimball said the
merchants were happy about the proposed timing. Council Member Powell inquired about the location of the proposed
crosswalk. Mr. Grimball said locating
such a crosswalk anywhere in the area would be appreciated by the
merchants. Council Member Waldorf
inquired about the process to work through the merchant's concerns. Mr. Horton said staff had had two meetings
with merchants in the proposed pilot area.
He stated that bicycle regulation signs would be installed along the
length of Franklin Street. He added
that Department of Transportation permission was needed to paint a pedestrian
crosswalk on Franklin Street. Mr.
Horton also said staff was studying possibilities to convert parking lot number
three to public parking. Mayor Broun
stated that staff would prepare a report to the Council on the matter.
COUNCIL MEMBER CAPOWSKI
MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO THE RECEIVE
AND REFER THE PETITION TO THE MANAGER.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member
Waldorf requested that the staff investigate a spring youth baseball league for
boys between the ages of 13 and 15.
Mayor Broun said he thought this was a good idea. Council Member Waldorf suggested referring
the matter to staff and the Parks and Recreation Commission. Council Member Powell asked whether Council
Member Waldorf was suggesting Town sponsorship of teams. Council Member Waldorf said she was asking
the Manager and Parks and Recreation Commission investigate the possibility of
sponsoring a baseball league for boys aged 13 to 15.
COUNCIL MEMBER
WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO THE
MANAGER AND PARKS AND RECREATION COMMISSION.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Powell
stated that the Council had received numerous letters expressing
roadway-related concerns about the proposed new high school on Weaver Dairy
Road. Mr. Horton said these concerns
would be considered as part of the special use permit process for the proposed
high school. He stated that
communications received were placed in the project's file.
Mayor Broun said he
had had a useful meeting with University of North Carolina Chancellor Paul
Hardin about airport planning concerns.
He said although no long-term commitments had been made, some long-range
plans and concepts were in process.
Mayor Broun stated that the Horace Williams memorandum of understanding
would not be a subject of discussion in the near future.
Item 4 Boards and Commissions
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 1 -
NOTIFICATION OF BOARD AND COMMISSION TERM EXPIRATIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER
CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS
FOR APPOINTMENT CONSIDERATION TO THE CABLE TELEVISION ADVISORY COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member
Chilton inquired how many public housing residents currently served on the
Housing and Community Development Board.
Mr. Horton said staff would provide follow-up information on this
matter.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE ALL APPLICANTS FOR
APPOINTMENT CONSIDERATION TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY
BOARD. THE MOTION WAS ADOPTED
UNANIMOUSLY (9-0).
COUNCIL MEMBER BROWN
MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS FOR
APPOINTMENT CONSIDERATION TO THE HUMAN SERVICES ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY
(9-0).
COUNCIL MEMBER POWELL
MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS FOR
APPOINTMENT CONSIDERATION TO THE PARKS AND RECREATION COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY
(9-0).
COUNCIL MEMBER EVANS
MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL APPLICANTS FOR
APPOINTMENT CONSIDERATION TO THE PERSONNEL APPEALS COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER PAVÃO
MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS FOR
APPOINTMENT CONSIDERATION TO THE PLANNING BOARD.
Noting that the
Council would be reviewing the Planning Board's roles in the near future,
Council Member Capowski suggested that the Council review Planning Board
applicants in the same manner as Orange Water and Sewer Authority applicants,
utilizing a screening committee.
Council Member Evans noted that the Planning Board had performed a
screening process of its own when considering past appointment recommendations.
THE MOTION TO
NOMINATE ALL APPLICANTS WAS ADOPTED UNANIMOUSLY
(9-0).
COUNCIL MEMBER
CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE COUNCIL MEMBER
CHILTON AS THE COUNCIL'S LANDFILL OWNERS' GROUP REPRESENTATIVE.
Council Member
Capowski said Council Member Chilton had a great deal of interest in solid
waste matters. Council Member Capowski
said he believed Council Member Chilton would be a good representative on the
Landfill Owners Group.
Council Member Brown
said in the past the Mayor had served as conduit for Council Member
appointments. She expressed concern
that the Mayor had acted as a judge and directed the political appointment
process. Council Member Brown stated
that a great deal of power was being given to one person. She suggested that the Council examine its
existing Council Member appointment procedures. Noting the Council's strong sentiment to appoint Council Member
Chilton, Council Member Brown said she would also vote for Council Member
Chilton. Mayor Broun said he believed
that he had acted appropriately in the matter.
COUNCIL MEMBER
CHILTON WAS APPOINTED UNANIMOUSLY TO SERVE AS THE COUNCIL'S REPRESENTATIVE TO
THE LANDFILL OWNER'S GROUP (9-0).
Noting the importance
of the Landfill Owners Group as an appointive body, Council Member Brown asked
whether there was any Council interest in expanding the membership of the group. Mayor Broun suggested that the Landfill
Owners Group discuss the matter further.
He said the matter could come back to the Council for further discussion
if necessary. Council Member Waldorf
said she thought it might be a good idea to expand membership of the Landfill
Owners Group to address what decisions needed to be made any why. Council Member Chilton said he would be glad
to raise the subject of expanded membership at the next Landfill Owners Group
meeting. Mayor Broun said he thought
this was the appropriate procedure.
Council Member Protzman said he generally favored smaller groups.
Item 5 OWASA Pump Station Special Use Permit
Mr. Waldon presented
the staff report and showed the general location of the proposed replacement
pump station. He noted that there were
existing residences within several hundred feet of the proposed site.
Jonathan Wahl, 915
Emory Drive, said most of his concerns had been satisfactorily addressed in the
staff's memorandum. Mr. Wahl expressed
concern that the proposed construction would disturb more area than
necessary. He stated that by moving the
building thirty feet, thick vegetation in the area could be left
undisturbed. Mr. Wahl said although he
had no objection to the new sewage pump station, he hoped the Town would defend
its Resource Conservation District (RCD) regulations.
Runyon Woods, a
member of the Rainbow Soccer Board of Directors, said the Rainbow Soccer
property was leased from the University for $1 per year. Mr. Woods said Rainbow Soccer practices were
held seven months of the year from 4:00 p.m. until dark. He stated that there were up to 1,200
children on the Rainbow Soccer site most weekends and 600 most weekdays. Mr. Woods expressed concern that
construction traffic in the area would adversely impact the safety of children
and others during Rainbow Soccer practices.
He also expressed concern about the possible need for road maintenance
resulting from heavy trucks using area roadways.
Council Member Powell
inquired whether Mr. Wahl's request to move the pump station thirty feet would
mitigate some of Mr. Woods concerns about traffic safety. Mr. Woods requested that access to the site
be prohibited during Rainbow Soccer practices and that OWASA be asked to assume
responsibility for roadway maintenance during construction of the pump station.
Dusty Butler, an area
property owner, expressed concern about possible drainage impacts resulting
from construction of the proposed pump station. Mr. Butler said although he did not oppose the proposed project,
he did not want to encounter additional sedimentation problems on his lot.
Council Member
Chilton inquired whether it was possible to make the applicant responsible for
maintenance of the Rainbow Soccer access driveway. Mr. Karpinos inquired about the applicant's opinion in this
matter. John Greene, OWASA project
engineer, said OWASA expected the project contractor to restore the roadway to
the same condition as at the beginning of the project. Mr. Greene added that OWASA had no problem
with the contractor being responsible for this roadway restoration. Council Member Capowski asked how long it
would take to complete the pump station.
Mr. Greene said about ten months.
Mr. Horton asked whether the project contractor would be responsible for
making interim repairs to the Rainbow Soccer access road. Mr. Greene said this was correct.
Council Member Brown
inquired about the viability of moving the proposed pump station closer to the
present pump station. Mr. Greene stated
that soils in the area would make it necessary to use sheet-piling around the
building and tank. Council Member
Protzman asked whether the proposed site was as close as possible to the
existing pump station. Mr. Greene said
although he believed this was the case, the situation could be reexamined. Council Member Capowski asked whether a lot
of heavy equipment would be needed to move dirt on the site. Mr. Greene stated that early moving would
only be needed for a short period of time at the beginning of the project.
Council Member
Capowski inquired whether site construction access alternatives had been
examined. Mr. Greene said the only
alternative was to cross Town open space along Cleland Drive. Council Member Capowski said this area
tended to be very wet. Mr. Green
concurred adding that a lot of stabilization would be needed to use this as an
alternate site access. Council Member
Capowski asked whether the use of conveyer belts for handling debris would be
eliminated at the new pump station. Mr.
Greene said the conveyer belt would either be covered or debris would be
handled inside the new building.
Council Member Brown
inquired how long it would take to make a reassessment concerning possible
relocation of the proposed pump station nearer to the existing station. Mr. Greene said he did not believe the
location could be changed by more than five or ten feet. Mr. Horton said staff could draft a
stipulation requiring that the new building be located as close as possible to
the existing structure.
Council Member Evans
noted the importance of adjusting the design so that water in area creeks would
not cause off-site erosion problems.
Mr. Greene said OWASA staff would revisit this issue. Council Member Evans asked whether concerns
about construction traffic late in the day could be revisited. Mr. Greene stated that most contractor
completed their work by 4:00 p.m. He added restricting the construction access
times would likely impact the project cost.
Council Member Evans said that due to safety considerations,
construction traffic should not be permitted during soccer activities. Mr. Greene said it was possible to examine
alternate access when soccer activities were underway. Council Member Chilton suggested that the
Council request that the OWASA Board of Directors request that OWASA staff
assure that there were no major conflicts between construction and Rainbow
Soccer traffic. Council Member Waldorf
stated that heavy trucks should not be permitted in the area after 4:00
p.m. Mr. Horton suggested language to
address heavy truck concerns relative to Rainbow Soccer activities. He also suggested language concerning the
siting of the new facility as close as possible to the existing building.
Council Member
Capowski said he favored the handling of debris in an enclosed structure. Council Member Powell inquired how the
Council would know that efforts were made to site the two buildings as close as
possible together. Mr. Horton said he
would take care to make sure that the buildings were located as close as
possible together. Council Member
Capowski inquired about Mr. Butler's concerns relative to erosion resulting
from site construction. Mr. Greene stated
that the Division of Environmental Management needed to review the site plan
and make site visits. He added that it
was very unlikely that the pump station project would impact Mr. Butler's
property.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO TO CLOSE THE PUBLIC
HEARING. THE MOTION WAS ADOPTED
UNANIMOUSLY
(9-0).
Noting the desire of
Council Members, Mr. Horton said staff could add a condition of approval
requiring that the station's debris conveyer belt be operated inside the new
pump station facility. Mayor Broun
asked whether this would be acceptable to the applicant. Mr. Greene said yes.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 2A, AS
AMENDED. THE MOTION WAS ADOPTED
UNANIMOUSLY (9-0).
A RESOLUTION
APPROVING A SPECIAL USE PERMIT APPLICATION FOR A REPLACEMENT PUMP STATION FOR
THE ORANGE WATER AND SEWER AUTHORITY (File No. 52..7A) (94-1-10/R-2a)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that it finds that the replacement sewage
pump station, proposed on property located near the confluence of Bolin Creek
and Booker Creek in the Glen Lennox/Oaks neighborhood, if developed according
to the site plan dated, October 6 1993 would:
1. Be
located, designed, and proposed to be operated so as to maintain or promote the
public health, safety, and general welfare;
2. Comply
with all required regulations and standards of the Development Ordinance,
including all applicable provisions of Articles 12, 13, and 14, and with all
other applicable regulations;
3. Be
located, designed, and proposed to be operated so as to maintain or enhance the
value of contiguous property, 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. A.That
construction begin by January 10, 1996 and be completed by January 10, 1997.
B. That access to the site be via the existing
access drive by the Rainbow Soccer Fields and that no new access via Cleland
Drive be provided.
2. Required
Improvements (specific to the proposed development):
A. That the applicant be required to provide a
fire hydrant within 500 feet of the subject property, the location of which is
to be approved by the Town Manager prior to issuance of a Zoning Compliance
Permit.
Stipulations Related to the Resource
Conservation District
3. Boundaries: That the boundaries of the Resource
Conservation District be shown on the final plat and final plans with a note
indicating that "Development shall be restricted within the Resource
Conservation District in accordance with the Development Ordinance."
4. Variances: That all variances necessary for development
within the Resource Conservation District be obtained before application for
final plat or final plan approval.
Stipulations Related to State and Federal
Government Approvals
5. State
or Federal approval(s): That any
required State or Federal permits or encroachment agreements 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.
Stipulations Related to Landscape
Elements
6. Landscape
Protection Plan: That a Landscape
Protection Plan be approved by the Town Manager prior to issuance of a Zoning
Compliance Permit.
7. Landscaping
and Buffer Plans: That a detailed
landscape plan and landscape maintenance schedule be approved by the Appearance
Commission and the Town Manager prior to the issuance of a Zoning Compliance
Permit. The detailed landscape plan shall incorporate adjustments to the route
of the new force mains and gas lines to minimize additional clearing of
existing vegetation. The detailed landscape plan shall include the following
standard buffers:
- Type C buffers (minimum 20 feet wide) along
all property lines.
The
detailed landscape plan shall include improving and landscaping the area of the
subject property, which contains the existing pump station and associated
equipment, upon completion of the replacement pump station and demolition of
the existing pump station, to comply with the standard landscaped buffer
requirement for that property line.
If the
applicant proposes alternate buffers along any property line (or portion
thereof), the alternate buffer plans must be reviewed and approved by the
Appearance Commission prior to issuance of a Zoning Compliance Permit.
Stipulation Related to Building
Elevations
8. Building
Elevation Approval for Special Use Permit applications: That detailed building elevations be
approved by the Appearance Commission prior to issuance of the Zoning
Compliance Permit.
Stipulations Related to Water, Sewer and other
Utilities
9. Fire
Flow: That a fire flow report
prepared by a registered professional engineer, showing that flows meet the
minimum requirements of the Design Manual, be approved prior to issuance of a
Zoning Compliance Permit.
10. Utility/Lighting
Plan Approval: That the final
utility/lighting plan be approved by Duke Power, Public Service Company,
Southern Bell, and the Town Manager, prior to issuance of a Zoning Compliance
Permit. The property owner shall be
responsible for assuring these utilities are extended to serve the development.
Miscellaneous Stipulations
11. 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.
12. Detailed
Plans: That final detailed site
plans, grading plans, utility/lighting plans, stormwater management plans (with
hydrologic calculations), and landscape plans and landscape maintenance plans
be approved by the Town Manager before issuance of Zoning Compliance Permit or
application for final plat approval, and that such plans conform to plans
approved by this application and demonstrate compliance with all applicable
conditions and the design standards of the Development Ordinance and the Design
Manual.
13. Certificates
of Occupancy: That no Certificates
of Occupancy be issued until all required public improvements are completed;
and that a note to this effect shall be placed on the final plat.
If the
Town Manager approves a phasing plan, no Certificates of Occupancy shall be
issued for a phase until all required public improvements for that phase are
complete; no Building Permits for any phase shall be issued until all public
improvements required in previous phases are completed to a point adjacent to
the new phase; and that a note to this effect shall be placed on the final
plat.
14. Erosion
Control: That a soil erosion and
sedimentation control plan be approved by the Orange County Erosion Control
Officer before issuance of a Zoning Compliance Permit.
15. Silt
Control: That the applicant take
appropriate measures to prevent and remove the deposit of wet or dry silt on
adjacent paved roadways.
16. Construction
Traffic: That construction traffic
during the period of construction of the new facility be limited such that no
construction vehicles enter or exit the site via Rainbow Soccer Drive later
than 4:00 on Monday through Thursday, and are prohibited from entering the site
on weekends except in case of emergency or when the soccer fields are not in
use.
17. Access
Road: That the applicant maintain
the condition of the access road in its current condition, during construction
and at the completion of the construction project.
18. Conveyor
Belt Location: That the outdoor
conveyor belt presently handling debris on the site be relocated with the new
facility such that it operates within an enclosed structure.
19. Facility
Location: That the new facility be
located as close as possible to the present building on the site.
20. Continued
Validity: That continued validity
and effectiveness of this approval is expressly conditioned on the continued
compliance with the plans and conditions listed above.
21. 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 the OWASA Pump
Station Special Use Permit in accordance with the plans and conditions listed
above.
This the 10th day of
January, 1994.
Item 6 Development Review Procedures
Planning Director
Roger Waldon presented a brief overview of the three resolutions before the
Council this evening. He stated that
staff suggested holding a public hearing on a proposal to create an interim
subdivision category. He added that the
possibility of holding joint meetings of advisory boards for development
projects had also been suggested. Mr.
Waldon said staff recommended adoption of all three resolutions before the
Council.
Noting the importance
of creating more affordable housing opportunities within the Town, Council
Member Brown said she thought it was premature to proceed with the proposals at
the present time. She stated that the
concept of encouraging quality growth would be discussed at the Council's
retreat on January 15th. Council Member
Brown also said she thought the proposals were premature until more was known
about future county-wide planning.
Noting that the
Design Review Board was also examining possible changes in the development
review process, Council Member Evans said she believed that some changes in the
process were long overdue. Council
Member Evans said she did not think the proposed changes would impact the
suggestions raised by Council Member Brown.
Council Member
Capowski said the proposed goals were excellent ones which would bring down
development costs and lessen the number of steps in the development review
process while maintaining the quality of reviews. He noted that there was no reference in the proposed resolution
to joint meetings. Mr. Horton said it
would be reasonable for the Council to consider this matter. Noting that some subdivisions had greater
impact and import to the community than others, Council Member Capowski
inquired whether there was
any legally
defensible way to handle this situation.
Mr. Horton said the setting of some carefully established arbitrary
boundaries was legally permissible.
Noting the concerns she had previously stated, Council Member Brown said
she was inclined not to proceed with the proposed changes. Council Member Waldorf said although she
agreed with the need for county-wide planning, this was not in conflict with
proposed changes in the Town's development process.
Council Member
Waldorf said one of the Design Review Board's goals was to strive for better
quality projects.
COUNCIL MEMBER
WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 3,
ADDING LANGUAGE CONCERNING DESIGN REVIEW BOARD AND OTHER ADVISORY BOARD
RECOMMENDATIONS.
Mayor Broun suggested
that the Council add the topic of changing thresholds for special use permits
as a public hearing topic.
THE MOTIONER AND
SECONDER CONCURRED WITH THE PROPOSED FRIENDLY AMENDMENT. RESOLUTION 3, AS AMENDED, WAS ADOPTED BY A
VOTE OF
8-1, WITH COUNCIL
MEMBER BROWN VOTING NO.
A RESOLUTION SCHEDULING
PUBLIC HEARINGS FOR JUNE 20, 1994
(94-1-10/R-3)
WHEREAS the Council
wishes to consider changes to Chapel Hill's Development Review system which
would streamline processing of development applications; and
WHEREAS the Town
Manager, in a memorandum dated January 10, 1994, outlines a series of ideas to
so adjust procedures;
NOW, THEREFORE, BE IT
RESOLVED that the Council of the Town of Chapel Hill calls for a series of
Public Hearings to consider changes to the Chapel Hill Development Ordinance as
follows, and as described in the aforementioned memorandum:
- Create
a New Category of Subdivision (Between 4 and 25 lots to be approved by the
Planning Board).
- Eliminate
Mandatory Appearance Commission Review for building elevations for Special
Use Permits.
- Change
Mandatory Recommendation of Parks and Recreation Commission to Planning
Board for subdivisions (Change to allow comments directly to the Council).
- Flexibility
for the Council to Replace Expired Time Limits (Change to allow the Council
to review expired dates without other board review and Public Hearing).
- Change
Planning Board Time Limits (Reduce currently - allowed 35 days to make
recommendation).
- Change
Requirement for Council Site Plan Review (Change to allow Planning Board
approval).
- Change
the Threshold for Defining Special Use Permits.
BE IT FURTHER
RESOLVED that these hearings be scheduled for June 20, 1994, in the Chapel Hill
Municipal Building Council Chamber, beginning at 7:30 pm.
BE IT FURTHER
RESOLVED that, at these hearings, the Council shall also hear and consider
recommendations of the Design Review Board and other Advisory Boards about the development
review process.
This the 10th day of
January, 1994.
Council Member
Protzman inquired about the impacts triggered by adopting Resolution 4.1
concerning submittal of traffic impact statements. Mr. Waldon said planning staff would continue to request very
basic traffic-related information for moderately-sized subdivisions. Mayor Broun inquired about the potential
benefits of the proposed resolution.
Mr. Waldon stated that traffic impact statements would be required for
the vast majority of developments. Mr.
Waldon said staff believed that traffic information was especially critical for
major projects. He added that more
rigorous transit-related requirements were not necessary for small
subdivisions.
Council Member
Protzman inquired about the 25-lot trigger for intermediate-sized
subdivisions. Mr. Waldon said staff had
attempted to establish a logical cutoff for demarcating intermediate-sized
subdivisions. Council Member Capowski
asked whether only residential development would be impacted. Mr. Waldon stated that non-residential
projects involving site plan reviews and commercial subdivisions would also be
affected by the proposed new criteria.
Council Member Capowski stated that a subdivision of twenty-five
commercial buildings could generate a lot of traffic. Mr. Waldon said this was correct. He noted that the proposed changes were primarily aimed at
residential subdivisions.
COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER
PROTZMAN, TO ADOPT RESOLUTION 4.1. THE
MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER BROWN VOTING NO.
A RESOLUTION
DIRECTING THE TOWN MANAGER TO ADJUST DEVELOPMENT APPLICATION SUBMITTAL
REQUIREMENTS (94-1-10/R-4.1)
WHEREAS the Council
wishes to consider changes to Chapel Hill's Development Review system which
would streamline processing of development applications; and
WHEREAS the Town
Manager, in a memorandum dated January 10, 1994, outlines a series of ideas to
so adjust procedures;
NOW, THEREFORE, BE IT
RESOLVED that the Council of the Town of Chapel Hill calls a Public Hearing to
consider adjusting development application submittal requirements, such hearing
to be held on June 20, 1994, in the Chapel Hill Municipal Building Council
Chamber, beginning at 7:30 p.m.
This the 10th day of
January, 1994.
Mayor Broun stated
that adoption of Resolution 4.2 would establish a Committee to review the roles
of development-related advisory boards.
He inquired whether any Council Member wished to serve on the committee. Council Member Chilton suggested tabling the
matter until January 25th.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO TABLE CONSIDERATION OF
RESOLUTION 4.2 TO JANUARY 25TH. THE
MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Broun requested
that interested Council Members contact him to make their interest known.
Item 7 Requests for Expedited Review
Planning Director
Roger Waldon briefly reviewed all three requests for expedited processing from
WUNC, the Orange County Human Services Center and Chapel Hill North. Mr. Waldon said adoption of Resolutions 5
and 6, approving the expedited review requests for the WUNC tower and the
Southern Human Services Center was recommended. Stating that no application for modification of the special use
permit had been received and no significant public purpose would be served, Mr.
Waldon said approval of the Chapel Hill North expedited review request was not
recommended.
Ron Strom, Managing
General Partner for Chapel Hill North, said his request involved a matter of
fairness in public policy. Mr. Strom
stated that an unsuccessful suit brought against his approved development
should not be allowed to cause his permit to expire. He requested that the Council grant his request for extension of
the time limit for the Chapel Hill North Special Use Permit.
Council Member
Protzman said he was sympathetic to the Chapel Hill North situation. Council Member Protzman noted that as a
business person he had supported Chapel Hill North's special use permit request
three years ago. Council Member
Protzman said he supported granting all three or none of the expedited review
requests.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 5.
Mayor Broun noted the
need to examine all three requests on their own merits.
RESOLUTION 5 WAS
ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR A SPECIAL
USE PERMIT FOR THE WUNC RADIO STATION AND TRANSMITTING TOWER (94-1-10/R-5)
WHEREAS, the Town of
Chapel Hill has received a request from the County for expedited review of the
application for a Special Use Permit for the WUNC radio station and
transmitting tower; and
WHEREAS, the WUNC radio station and transmitting
tower are public facilities which will serve the interests of the community at
large; and
WHEREAS, the Town
desires to work with the University to provide adequate facilities in a timely
manner;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is
directed to expedite processing of the Special Use Permit application of the
University for the proposed WUNC radio station and transmitting tower in a
manner that will speed review without sacrificing breadth or depth of analysis.
This the 10th day of
January, 1994.
Noting that until
recently he had served as the Council's liaison to the Design Review Board,
Council Member Capowski said he was interested that the Board had not reviewed
the Orange County Human Services building application. Council Member Capowski said he was
sympathetic about what constituted a public purpose. Mayor Broun stated that Orange County was relying on the center
being
constructed as soon
as possible to expedite the delivery of human services in the southern portion
of the County.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 6.
Council Member Evans
said the Center had received a courtesy review by the Design Review Board. She stated that the only comments related to
parking.
RESOLUTION 6 WAS
ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.
A RESOLUTION
DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR A SPECIAL
USE PERMIT FOR THE ORANGE COUNTY SOUTHERN HUMAN SERVICES CENTER (94-1-10/R-6)
WHEREAS, the Town of
Chapel Hill has received a request from the County for expedited review of the
application for a Special Use Permit for the Southern Human Services Center on
Homestead Road; and
WHEREAS, the Southern Human Services Center is an
essential public facility which will serve the interests of the community at
large; and
WHEREAS, the Town
desires to work with the County to provide adequate facilities in a timely
manner;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is
directed to expedite processing of the Special Use Permit application of Orange
County for the proposed Southern Human Service Center in a manner that will
speed review without sacrificing breadth or depth of analysis.
This the 10th day of
January, 1994.
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 7A.
Council Member
Protzman said it would be ironic to approve the expedited review request for
the WUNC tower, the fundraising for which Mr. Strom led, while it would be
grossly inequitable to deny Chapel Hill North's request. Council Member Evans asked whether there was
any other way to address the applicant's timeline concerns. Mr. Horton said there was some uncertainty
in this regard since the developer had not yet submitted the necessary
materials for staff review. Council
Member Capowski asked whether Town Attorney Karpinos agreed that the lawsuit against
the applicant prevented timely development of the property. Mr. Karpinos said this question did not
necessarily call for a legal
answer. He stated that the lawsuit possibly made it
more difficult to make the necessary financial arrangements for the
project.
Noting that
conditions in the Timberlyne area had changed since the original Chapel Hill
North special use permit approval, Council Member Capowski said he was not in
favor of not reviewing transportation impacts of the project. Mayor Broun said the situation was a
difficult one because although the applicant had made good faith efforts,
granting the applicant's request might make it necessary to delay review of
other development proposals.
Council Member
Protzman stated that commerce was part of the public interest. Mayor Broun stated that the question was
whether the situation was sufficiently unique to warrant approval of the
applicant's request. Council Member
Waldorf inquired about other alternatives available to the applicant. Mr. Horton said it would be necessary to
amend the Town's Development Ordinance.
Stating that the
applicant had made good faith efforts, Council Member Powell said she favored
an approach whereby the applicant would not have to restart the review
process. Council Member Brown expressed
concern about setting a precedent in granting the applicant's request for an
exception. She also encouraged Council
Members to think about applicants already in the Town's development review
process. Citing the Mayor's earlier
remarks, Mr. Horton noted that the Council could identify a specific class
which distinguished the applicant's project from others. Mayor Broun suggested that the pending
lawsuits regarding the application might satisfy the need for a specific
criteria.
Noting that he
thought the establishment of criteria was informal, Council Member Protzman
said the issue was one of equity rather than establishing criteria. Council Member Brown said she was especially
concerned about providing equity to applications already in the review
process. Mr. Waldon noted that although
the March, April and May public hearings were full, only two items were
scheduled for the February hearing. He added
that one option was to delay consideration of a text amendment to possibly
accommodate a hearing concerning the Chapel Hill North special use permit
modification. Council Member Waldorf
inquired about the extent of staff and advisory board review of the project. Mr. Horton said staff had an obligation to
examine whether any of the special use permit conditions had changed. Mr. Horton added that it was likely that
citizens would address the Council on issues of specific concern.
Council Member
Chilton inquired whether the applicant could apply for a zoning compliance
permit. Mr. Horton said this was
correct.
Council Member
Chilton asked whether it was possible to expedite the zoning compliance permit
process. Mr. Horton said this was not
presently possible since the applicant had not submitted the necessary
materials for staff review. Mr. Waldon
said staff would work with the applicant to meet deadlines if and when the
materials were submitted. Council
Member Chilton inquired about the applicant's deadline. Mr. Waldon said it was April 22nd.
COUNCIL MEMBER
CHILTON CALLED THE QUESTION ON RESOLUTION 7A.
Council Member
Capowski said he would vote against Resolution 7a because court delays were the
primary event triggering the need for extension of the special use permit. Council Member Pavão expressed his
concurrence noting that the applicant had acted in good faith.
THE MOTION TO ADOPT
RESOLUTION 7A FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS BROWN AND CHILTON
VOTING AYE.
COUNCIL MEMBER
CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 7B,
EXTENDING THE PROJECT REVIEW TO INCLUDE THE TRANSPORTATION BOARD AND DELETING
THE PROPOSED FEE WAIVER.
Town Attorney
Karpinos suggested that compelling reasons for granting the exemption be added
to point number one of Resolution 7b. Council
Member Chilton inquired whether it was the staff's interpretation that another
application would be bumped to accommodate the Chapel Hill North request. Mr. Horton said it was very difficult to say
which applications or types of applications might be impacted. Council Member Chilton said it was incumbent
upon the Council to stay a little later one night to hold an additional
hearing. Mayor Broun suggested that a
text amendment might be delayed.
Stating that the applicant has the option of attaining a zoning
compliance permit, Council Member Chilton said he would vote against the
applicant's request. Council Member
Brown said approval of the applicant's request could set a bad precedent. Noting that a matter of equity was involved,
Council Member Brown said she would vote against the proposed resolution.
RESOLUTION 7B WAS
ADOPTED AS AMENDED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS BROWN AND CHILTON
VOTING NO.
RESOLUTION
B
(Applicant's
Request)
A RESOLUTION
REGARDING THE REVIEW AND PROCESSING OF THE CHAPEL HILL NORTH SPECIAL USE PERMIT
MODIFICATION APPLICATION (SUP-MOD 17-10) (94-1-10/R-7b)
BE IT RESOLVED by the
Council of the Town of Chapel Hill, having reviewed and considered the
memorandum dated November 22, 1993, outlining five requests from Mr. Ron Strom
regarding the review and processing of the Chapel Hill North Special Use Permit
Modification application; and having reviewed applicable sections of the Chapel
Hill Development Ordinance; finds that:
1)The
developer has presented compelling reasons due to the effect of delay caused by
an unsuccessful lawsuit for the Council to grant expedited review status to the
application to be submitted;
2)The
review should be limited to Town staff, Planning Board, Transportation Board
and Town Council; and
3)The
request to amend the Special Use Permit stipulation regarding construction
deadlines, as they relate to the resolution of future lawsuits and appeals,
warrants further consideration.
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is
directed to review and process the Chapel Hill North Special Use Permit
Modification application in a manner which will speed review, with advisory
board review limited to the Planning Board and Transportation Board.
This the 10th day of
January, 1994.
Council Member
Capowski suggested that the Council formalize its definition of expedited
processing as soon as possible. He
stated that requests for expedited review would become more difficult to make
without having specific criteria in place.
Mr. Horton said staff could outline options for Council
consideration. Council Member Waldorf
noted that it would not be possible to expedite any additional applications in
the near future given the current public hearings schedule. Council Member Brown inquired how much staff
time would be involved and the possible outcomes. Mr. Horton estimated that eight hours of staff time would be
needed. He added that all of the
options would be available for the Council's consideration. Council Member Brown said she was
comfortable with the way things were.
Council Member Protzman said the topic might be discussed further at the
Council's retreat. Council Member
Capowski suggested that options might be discussed by the committee reviewing
development-related boards and commissions.
Item 8 Police Computer Search Committee
Committee member John
Oberlin briefly outlined the report's recommendations. He stated that following the review of
several vendor solutions, the Committee recommended that the Town purchase a
turnkey computer system and hire an employee dedicated to running and managing
the system. Mr. Oberlin added that
there would be continuing costs for system upgrades and other needs. Mayor Broun asked whether the Committee was
requesting that its report be referred to staff for review. Council Member Capowski said this was
correct. Mr. Horton noted that the
Council had provided $50,000 seed money for the police computer project. Council Member Capowski expressed
appreciation to Police Administrative Analyst Jane Cousins and Police Captain
Gregg Jarvies for their support of the Police Computer Search Committee. Mayor Broun noted that Council Member
Capowski had significantly contributed to the committee's efforts in his role
as Committee chairperson, and he introduced other members of the committee who
were present.
COUNCIL MEMBER
WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION
EXPRESSING GRATITUDE TO THE MEMBERS OF THE POLICE COMPUTER SEARCH COMMITTEE AND
REFERRING THE REPORT TO THE MANAGER FOR A FOLLOW-UP REPORT WITH COMMENT AND AN
IMPLEMENTATION PLAN
(94-1-10/R-8)
WHEREAS, on May 22,
1993 the Town Council appointed a committee, chaired by Council Member
Capowski, to assist the Police Department in the purchase of a computerized,
record-keeping system; and
WHEREAS, the charge
to the committee was to assist the Police Department in identifying the
department's automation needs, and recommending a system to best meet these
needs; and
WHEREAS the Committee
members are:
Evelyn
Daniel UNC School of Information and
Library Science
Erwin Danziger Retired
Bill Davis UNC
Department of Medicine
Joel Dunn UNC
Administrative Data Processing
Bill Groves UNC
Office of Information Technology
John Hammond UNC Department of Pathology
Bill Howell UNC
Department of Computer Science
Judy Kovenock UNC Carolina Population Center
Pat Mullin UNC
Davis Library
John Oberlin UNC Office of Information Technology
Roscoe Reeve Orange County Land Records Office
Bob Schreiner UNC School of Public Health; and
WHEREAS, the
committee met from May to December, 1993; and
WHEREAS, the
committee has reported its recommendations to the Town Council on this date;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council expresses
its gratitude to the members of the
Police Computer
Committee for their dedication and service to the Town of Chapel Hill.
BE IT FURTHER
RESOLVED that the report is referred to the manager for comment and an
implementation plan.
This the 10th day of
January, 1994
Item 9
Consent Agenda
COUNCIL MEMBER
CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT THE CONSENT AGENDA
(RESOLUTION 9) AS PRESENTED. THE MOTION
WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING
VARIOUS RESOLUTIONS (94-1-10/R-9)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council hereby adopts the following
resolutions as submitted by the Town Manager in regard to the following:
a. Minutes of November 22 and December 7.
b. Change orders to new public housing
construction contract (R-10).
c. Renewal of water supply emergency mutual aid
agreement (R-11).
d. Adjustment to boundary of Town-owned
recreation area in Culbreth Park subdivision (R-12).
This the 10th day of
January, 1994.
A RESOLUTION
AUTHORIZING THE MANAGER TO EXECUTE CHANGE ORDERS IN THE AMOUNT OF $11,443 TO
DTH CONSTRUCTION COMPANY, INC. FOR THE NEW PUBLIC HOUSING UNITS (94-1-10/R-10)
WHEREAS, the original
contract amount was $1,274,850 and the Town has approved change orders in the
amount of $272,243; and
WHEREAS, the Council
has established a policy for approving change orders for construction contracts
which exceed the limit of $50,000,
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes
the Manger to execute change orders with DTH Construction Company, Incorporated
in the amount of $11,443 for the new public housing construction, as listed
below and discussed in the Town Manager's report of January 10, 1994.
52. Install additional sidewalks $
485.00
53. Remove rocks and unsuitable soil $10,958.00
This the 10th day of
January, 1994.
A RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT ON REGIONAL ASSISTANCE
ARRANGEMENTS FOR WATER SUPPLY EMERGENCIES
(94-1-10/R-11)
BE IT RESOLVED by the
Council of the Town of Chapel Hill that the Council authorizes the Mayor to
sign on behalf of the Town the Triangle J mutual aid agreement regarding water
supply emergencies in substantially the form submitted to the Council on
January 10, 1994, and including the proposed amendment to extend the agreement
for an additional five years.
This the 10th day of
January, 1994.
A RESOLUTION
AUTHORIZING AN ADJUSTMENT TO THE BOUNDARY OF TOWN- OWNED RECREATION AREA IN
CULBRETH PARK SUBDIVISION (94-1-10/R-12)
WHEREAS the Town of
Chapel Hill owns land in the Culbreth Park Subdivision which is identified on
Plat Book 55, Page 62 at the Orange County Register of Deeds; and
WHEREAS the
subdivision developer, Culbreth Park Community Development Corporation, owns
Lot 31 in the subdivision; and
WHEREAS the developer
proposes an adjustment to the shared boundary between Lot 31 and the Town
recreation area which would result in no change to the land area of the Town
recreation area or Lot 31;
NOW, THEREFORE, BE IT
RESOLVED by the Council of the Town of Chapel Hill that the Town Manager and
Town Attorney are authorized to proceed with a proposed adjustment to the
shared property line may occur in accordance with Recombination Plat prepared
by Freehold Land Surveys dated November 8, 1993.
This the 10th day of
January, 1994.
There were no
comments on information reports and there was no need for an Executive Session.
The meeting concluded
at 10:34 p.m.