MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, OCTOBER 23, 1995 AT 7:00 P.M.

Mayor Broun called the meeting to order at 7:00 p.m. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman, and Rosemary Waldorf. Staff in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Senior Transportation Planner David Bonk, Library Director Kathleen Thompson and Town Attorney Ralph Karpinos.

Item 1 Presentation of 1995 Community Appearance Awards

Dianne Bachman, Chair of the Community Appearance Commission, presented the Commission's fourth annual Appearance Awards. She noted that the program began in 1991, with awards being presented annually in October. She thanked Council Member Waldorf and staff members Dave Roesler and Kay Tapp for their help throughout the year and the process.

Commission member Joan Page announced the winners of the 1995 awards, as follows:

- The Burns residence on the Coker estate, for the adaptation of the site and house to its original appearance, as well as preserving the natural gardens on the site. Mary Jane Burns accepted the award.

- Chapel Hill Public Library. Ms. Page stated the design of the library clearly enhanced the natural beauty of the site. Mayor Ken Broun accepted the award on behalf of the Library.

- West Rosemary Street Apartments. Ms. Page stated that the owners had painted the building two-toned and had greatly improved the landscaping. Mr. Larry Short accepted the award.

- Laurel Hill and Westwood neighborhood gardens for their shared implementation of landscaping and mini-gardens. Ms. Carolyn Goldfinch accepted for the Laurel Hill neighborhood, and Ms. Melanie Barns accepted for the Westwood neighborhood.

- FGI, Inc. Ms. Page noted that planters and a courtyard had enhanced the beauty of the downtown area. Ms. Dorie Casey accepted the award for FGI.

- Landscaping of 214 Spring Lane. Ms. Marion Wilson accepted the award.

- Salon 135 for their window displays which enhance the beauty of the area. Ms. Kimberly Russell accepted the award for Salon 135.

Honorable mentions were given to CafféTrio for downtown rehabilitation after a fire had destroyed the building on the corner of East Franklin and Henderson Streets, Dr. and Mrs. Joel Leeb for their residential garden in Coker Hills West, and the Siena Hotel for its landscaping at 1505 East Franklin Street.

Item 2 Public Hearing on Composition of Board of Adjustment

Planning Director Roger Waldon presented a brief overview of the matter to the Council. Mr. Waldon stated that the Board had often found itself in the situation of having less than a full complement of ten members at a meeting because of vacancies on the Board or the inability of alternate members to attend meetings. Mr. Waldon stated that the preliminary resolution before the Council would increase the membership of the Board of Adjustment by two additional alternate members. Mr. Waldon noted that the staff recommended adoption of Resolution A.

Lee Culpepper, Chair of the Board of Adjustment, stated that the Board had unanimously recommended adoption of Resolution A.

Scott Radway, Chair of the Planning Board, stated that the Planning Board supported adoption of Resolution B, reducing the number of alternate Board of Adjustment members from five to three.

Council Member Evans requested that Council Members make Orange County Commissioners aware of the difficulty experienced in recruiting County members and alternates on the Town's Board of Adjustment.

Council Member Brown requested additional information concerning the background of Board members.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THIS ITEM TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun asked Mr. Horton when this item would be brought back for the Council's consideration. Mr. Horton said November 13th.

Item 3 Petitions

Rosemary Williams, a resident of Davie Circle, noted that the speed limit on East Franklin Street between Boundary Street and Roosevelt Drive had recently been reduced. She expressed concern that the new speed limit was not being observed by drivers or adequately enforced by the Town. Ms. Williams stated that it was extremely dangerous to attempt to access East Franklin Street from Davie Circle due to speed and volume of traffic in the area.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Bob Stipe stated that the Federal Communications Commission had required WCPE Radio to reduce its operating frequency wattage if their antenna were moved to the top of a local communications tower. Mr. Stipe requested that the Council consider an official endorsement of WCPE's efforts to secure a better radio signal for Town residents. Council Member Capowski stated that during cable television franchise negotiations, it was suggested that WCPE Radio be made available via cable. Council Member Capowski stated that he did not feel it appropriate that the Town Council endorse one radio station over another. Mayor Broun responded that he did not believe that WCPE Radio was requesting endorsement of their radio station, only that the Council support them in their efforts to secure a stronger signal.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Margaret Leong, a resident of Camelot Apartments, stated that there should be a full accounting of what flood control measures would be taken to prevent serious flooding events along Bolin Creek in the future.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO RECEIVE MS. LEONG'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Brian Digre, 503 Pine Bluff Trail, requested that the Council accept Pine Bluff Trail for maintenance. He stated that the four houses on Pine Bluff Trail were about fifty years old. Mr. Digre said widening or paving the street would be too expensive, and stated that the residents would not be able to afford it.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Waldorf stated that there had been a slight change in the University's land use planning process schedule. She stated that a presentation of the land-use process would be held on November 30th, with a second meeting on December 14th to receive public comment and reaction to the presentation of November 30th.

Item 4.1 Consent Agenda

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION R-1. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (95-10-23/R-1)

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

a. Minutes of September 18th, 27th and October 2nd.

b. Purchase of computer equipment and software upgrade for the Public Library's automated circulation system (R-2,O-0.1)

c. Change in Library budget (to reflect $18,000 increase in funding by Orange County) (O-1).

d. Changes in Personnel Ordinance concerning non-discrimination as to affectional preference (O-2).

e. Awarding contract for household hazardous waste building (R-3).

f. Authorizing additional positions for traffic enforcement (with federal grant funding). (O-3a and b)

g. Authorizing notice of intent to consider renewing the lease of space in the basement of Hargraves Center for a non-profit day care center (R-4).

h. Change in Development Ordinance to include domestic partners in the definition of "Family" (O-4).

i. Recommended Funding for the 1995-96 Economic Development Component of the Community Development Block Grant Program (R-6).

This the 23rd day of October, 1995.

A RESOLUTION AUTHORIZING THE MANAGER TO CONTRACT FOR A SYSTEM UPGRADE FOR THE LIBRARY AUTOMATION SYSTEM ONE YEAR EARLIER THAN SCHEDULED IN THE 1995-2000 CAPITAL IMPROVEMENTS PROGRAM AND TO PURCHASE THAT UPGRADE FROM LIBRARY GIFT FUNDS ($63,230)(95-10-23/R-2)

WHEREAS, the Town of Chapel Hill purchased an automation system from Innovative Interfaces, Inc. in 1980; and

WHEREAS, original specifications for the system anticipated a 30-40% increase in system use over seven years, but the library experienced an 86% increase in six years; and

WHEREAS, the current system is operating at capacity and is currently experiencing some problems in data transmission and storage; and

WHEREAS, the library estimates that additional system capacity will be needed to store library data and vendor information in order to maintain the current level of service and to provide for future software requirements; and

WHEREAS, a system upgrade for the library automation system is currently scheduled in the Town's approved Capital Improvements Program for 1996-97 to be purchased with library gift funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council authorizes the Town Manager to contract for a system upgrade for the library automation system one year earlier than scheduled in the 1995-96 Capital Improvements Program and to purchase that upgrade from library gift funds not to exceed $63,230.

This the 23rd day of October, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FROM THE FISCAL YEAR BEGINNING JULY 1, 1995" (95-10-23/O-0.1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1995" as duly adopted on June 5, 1995 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

Library Gift Fund 34,000 63,230 97,230

ARTICLE II

REVENUES

Library Gift Fund

Gifts & Donations 17,000 18,230 35,230

Fund Balance 17,000 45,000 62,000

This the 23rd day of October, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (95-10-23/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1995" as duly adopted on June 5 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

LIBRARY 1,328,791 18,000 1,346,791

REVENUES

GENERAL FUND

GRANTS 453,342 18,000 471,342

This the 23rd day of October, 1995.

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES (95-10-23/O-2)

SECTION I

BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 14, Personnel Rules and Regulations, Code of Ordinances of the Town of Chapel Hill is hereby rewritten to read as follows:

Sec. 14-28 Statement of Policy

The policy of the Town is to foster, maintain, and promote equal employment opportunity. The Town shall select employees on the basis of applicant's qualifications for the job and award them with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, race, color, religion, non-job-related handicap disability, or national origin, affectional preference, or marital status.

Sec. 14-29 Implementation of Policy

All personnel responsible for recruiting and employment will continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable job-related requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, race, color, religion, non-job-related handicap, disability, or national origin, affectional preference, or marital status.

SECTION II

This Ordinance shall become effective October 23, 1995.

This the 23rd day of October, 1995.

A RESOLUTION ACCEPTING THE BID AND AWARDING A CONTRACT FOR CONSTRUCTION OF A HOUSEHOLD HAZARDOUS WASTE FACILITY AT THE ORANGE REGIONAL LANDFILL (95-10-23/R-3)

WHEREAS, the Town of Chapel Hill has solicited formal bids by Advertisement in the July editions of the Durham Herald and The Raleigh News and Observer in accordance with G.S. 143-128 for the Household Hazardous Waste Facility to be constructed at the Orange Regional Landfill and

WHEREAS the following bids were received and opened on September 18, 1995:

Patriot Builders, Inc. $91,500 (minus deletions of $2,800)

Fabrizio Construction $108,000 (minus deletions of $3,400)

NOW THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Patriot Builders Inc. of Hillsborough, North Carolina, in the negotiated amount of $88,700 and authorizes the Town Manager to execute a contract for the work.

This the 23rd day of October, 1995.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN (95-10-23/O-3a)

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, 1995 ( ) and beginning September 1, 1995 ( )"

Section IV, part C in the Police Department (Patrol) delete the line

Full-Time Part-Time Grade No.

No. Hrs. No. Hrs.

Police Officer 65 40/42 - - 21-24

(Levels I-IV)

ADD the line

Full-Time Part-Time Grade No.

No. Hrs. No. Hrs.

Police Officer 69 40/42 - - 21-24

(Levels I-IV)

This the 23rd day of October, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (95-10-23/O-3b)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1995" as duly adopted on June 5, 1995 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Police Patrol $3,651,041 $237,750 $3,888,791

ARTICLE II

REVENUES

Grants $ 471,342 $237,750 $ 709,092

This the 23rd day of October, 1995.

A RESOLUTION DIRECTING PUBLICATION OF A NOTICE OF INTENT TO LEASE A PORTION OF THE HARGRAVES RECREATION CENTER FOR A DAY CARE CENTER (95-10-23/R-4)

WHEREAS, the current five-year lease agreement with the Holmes Day Center, Inc. will expire on December 31, 1995; and

WHEREAS, the Town wishes to continue to offer space for the operation of a day care center in the basement of the Hargraves Recreation Center Building for use without regard to sex, race, color, creed, handicap, or national origin;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to publish a notice of the Council's intent to enter into a lease agreement with the Holmes Day Care Center, Inc. for approximately 3,850 square feet in the basement of the Hargraves Recreation Center at 216 N. Roberson Street for the operation of a day care center, said lease being substantially in the form presented by the Town Manager with his report on October 23, 1995, a copy of which shall be kept with the records of this meeting.

This the 23rd day of October, 1995.

AN ORDINANCE TO AMEND THE CHAPEL HILL DEVELOPMENT ORDINANCE TO INCORPORATE THE DEFINITION OF DOMESTIC PARTNERS FOUND IN THE TOWN CODE (95-10-23/O-4)

WHEREAS, the Town Council amended Chapter I of the Town Code to include a definition of domestic partners; and

WHEREAS, the Town Council directed the Manager to review the Development Ordinance for possible changes regarding the definition of family and regarding related matters; and

WHEREAS, it is the intent of the Town Council to regard domestic partners as related individuals for the purposes, among others, of administering development regulations;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Development Ordinance shall be amended as follows:

SECTION I

AMEND Section 2.36 of the Chapel Hill Development Ordinance to read as follows:

Dwelling, Single Family : A detached dwelling consisting of a single dwelling unit only. A single family structure with more than five (5) bedrooms shall be classified as a Rooming House unless the structure is occupied by persons related by blood, adoption, or marriage, or domestic partnership, with not more than two unrelated persons.

AMEND Section 2.108 to read as follows:

Rooming House: A building or group of buildings containing in combination three (3) to (9) lodging units intended primarily for rental or lease for periods of longer than one week, with or without board. Emergency shelters for homeless persons and residential support facilities, as defined elsewhere in this ordinance, are not included. A Rooming House shall include a single-family dwelling, two-family dwelling including accessory apartment, or a two-family dwelling duplex if used in a manner described in the applicable definition sections so as to constitute a Rooming House. A Rooming House shall also include a building or group of buildings intended for occupancy by or occupied by more than four (4) unrelated individuals persons who are not related by blood, adoption, marriage or domestic partnership.

SECTION II

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

This the 23rd day of October, 1995.

A RESOLUTION APPROVING FUNDING FOR THE 1995-96 ECONOMIC DEVELOPMENT COMPONENT OF THE COMMUNITY DEVELOPMENT PROGRAM (95-10-23-R-6)

WHEREAS, the Council has made commitments to the promotion of economic development opportunities for low- and moderate-income Chapel Hill residents; and

WHEREAS, on May 8, 1995, the Council approved the use of $40,000 of 1995-96 Community Development funds for public improvements that revitalize business areas that serve low- and moderate-income residents;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the use of $40,000 to construct sidewalks in the Midway business area as part of the 1995-96 Economic Development Component of the Community Development Block Grant Program.

This the 23rd day of October, 1995.

Item 4.2 Information Reports

Mayor Broun noted that there were no comments on any of the information reports.

Item 5 Meadowmont Development Proposal

Mr. Horton noted that property owners abutting the proposed Meadowmont development had been notified of potential actions on this evening's agenda.

Mr. Karpinos noted that a lawsuit had been filed at 1:00 p.m. this afternoon, requesting that the Council be restrained from voting on rezoning requests for the proposed Meadowmont development. Noting that no notice of restraint had been received, Mr. Karpinos said he advised the Council to continue with its deliberations in a normal manner.

Item 5a

Ms. Gail Colvin, speaking on behalf of Ms. Ginny Gilliam, presented a petition regarding the proposed Pinehurst Connector. Ms. Colvin stated that Pinehurst Drive should not be used as a through street. She said that the Council's January 20th, 1995 minutes stated that the Town's intent was not to increase traffic in neighborhoods. She said at that time the Council refused to allow this to happen. Ms. Colvin said it was also noted at that time that when a connection was considered, signs should be posted to alert area residents of the potential future connection. She also said that although Pinehurst Drive had been considered for extension for over two years, no signs had ever been posted. She said the Council would be acting irresponsibly by not restricting access to Pinehurst Drive.

Item 5b

Roger Perry, the applicant's representative, stated that East-West Partners was willing to donate sixteen acres for a school site with an option to purchase an additional two acres for other school facilities on the site. He noted that this agreement would be in force for six years, with the additional two acres being available for purchase for a period of eight years, assuming that roads, water and sewer were available to the site when the decision to purchase was made.

With regard to stipulation 6c.9, Mr. Perry stated that although the applicant was agreeable to building Meadowmont Lane to the north and west of the DuBose estate, East-West Partners requested that the proposed mass transit corridor be relocated to the south and east of the estate. Regarding stipulation 6d.8 concerning minimization of driveway cuts on Meadowmont Lane, Mr. Perry requested that the language stipulate that there be no more than one driveway cut for every two lots and that all homes on Meadowmont Lane should have a turnaround to prevent the need to back on to Meadowmont Lane.

Mayor Broun stated that a letter had been received today from Neil Pedersen, Superintendent of the Chapel Hill-Carrboro City Schools concerning the proposed school site dedication. Mayor Broun read the letter and entered it into the meeting record. A copy of Dr. Pedersen's letter is on file in the Clerk's Office.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECONSIDER THE MEADOWMONT MASTER LAND USE PLAN.

Council Member Capowski said he did not understand, with the new stipulations, where the new road formerly known as Laurel Hill Parkway would be located. He commented that if Meadowmont Lane were split from the mass transit corridor, it would effectively preclude Meadowmont Lane from being more than a two-lane road without the purchase of additional property and the destruction of houses. Mr. Horton noted that the Council had previously designated in the Town's Thoroughfare Plan that Laurel Hill Parkway

be a two-lane minor thoroughfare with bicycle lanes and sidewalks. He stated that the roadway proposed by the applicant was of the same character as outlined by the Council.

Council Member Capowski said he did not understand the logic behind replacing the stipulation concerning Meadowmont Lane. Mr. Perry stated that none of the previous roadway proposals involved Meadowmont Lane having more than two travel lanes north of the proposed Village Center area.

Mayor Broun said Mr. Karpinos had advised him that the Council needed to vote on the motion to reconsider the Master Land Use Plan.

Council Member Brown stated that the Town's Development Ordinance stipulated that major modifications, such as the proposed substantial changes in pedestrian or vehicular access and circulation, would require that the Council's review process be restarted. Council Member Brown said she did not believe that the Council should reconsider the Meadowmont matter this evening.

Mayor Broun stated that a motion to reconsider would literally take the Council back to two weeks ago, when the Council had discussed the transit corridor. He said that what a motion to reconsider would do would put them back to that time and starting over from that point. Mayor Broun said that procedurally this was a correct motion, but it was up to the Council to decide. Council Member Pavão stated that this was his understanding also and why he had moved for reconsideration of the matter.

THE MOTION TO RECONSIDER THE MEADOWMONT MASTER LAND USE PLAN WAS APPROVED BY A VOTE OF 8-1, WITH COUNCIL MEMBER BROWN DISSENTING.

Mayor Broun commented that with this approval for reconsideration,

it would be necessary to give consideration to a revised master land-use plan.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE MEADOWMONT MASTER LAND USE PLAN WITH THE AMENDMENTS AS PROPOSED BY EAST-WEST PARTNERS IN ITS OCTOBER 20TH LETTER TO THE TOWN.

Council Member Chilton said that on the replacement of stipulation 6d.8, the applicant's change from the prior version on page 19 of the Council's memo was actually a little more substantial than indicated. Council Member Chilton stated that the prior version of 6d.8 stated that "driveways be minimized on Meadowmont Lane. Access from residential lots to Meadowmont Lane shall be prohibited except where right in and right out driveways are necessary", which was essentially the same language as proposed by Mr. Perry. Council Member Chilton said the proposed language was an acceptable substitute. He also noted that the remainder of stipulation 6d.8 read "In addition, alternative access shall be provided for the wellness center and grocery store, with no direct vehicular access onto Meadowmont Lane or the transit corridor." Council Member Chilton asked whether it was the applicant's intention to allow access via the wellness center and food store. Mr. Perry said no, noting that they were pleased with the original language.

Council Member Chilton said he would like additional language added as a friendly amendment to stipulation 6d.8 which would include Mr. Perry's replacement language with the addition of the second sentence of the prior version beginning with "In addition,".

Council Members Pavão and Evans, who had moved and seconded the original motion, agreed to the addition of the friendly amendment.

Council Member Capowski asked Mr. Waldon whether there was a condition that the applicant was required to construct the residential component of this project in tandem with or possibly before the commercial component.

Mr. Waldon replied that there was a stipulation addressing such a balance in the project's first phase. Council Member Capowski asked where this was stipulated. Mr. Horton said staff would locate the stipulation number and advise the Council momentarily.

Council Member Brown said the proposed stipulation was contrary to what had been discussed and voted on at the previous regular Council meeting concerning the Meadowmont proposal.

Council Member Protzman said the Council was in the process of reconsidering what had been decided upon two weeks ago. He stated that Meadowmont Lane was proposed to go west and north of the site. Council Member Protzman also said that a case could be made that the configuration of Meadowmont Lane could follow several alignments and the information presented by Council Member Brown at the previous meeting was misleading. Council Member Protzman said he believes this proposal is now appropriate and he intended to support it.

Mayor Broun said the main road was proposed to go west and north, and he felt that this was appropriate. He stated that the only unresolved related matter was whether or not the applicant should be required to dedicate a transit corridor within the site. Mayor Broun said he did not believe it made sense to do so at present. He suggested that the Council wait until the Lloyd property was developed, because he believed it made more sense for the mass transit corridor to be oriented toward the south. Mayor Broun said he believed Meadowmont Lane was appropriate as proposed and should be built as soon as possible.

Council Member Pavão said he recalled in a previous work session that the applicant came back with a proposal which minimized curb cuts on Meadowmont Lane. Council Member Chilton stated that although this was correct, this was before the public hearing when more information was received. Council Member Chilton asked Mr. Perry whether the map circulated this evening accurately reflected the proposed mass transit corridor. Mr. Perry said yes. Council Member Chilton asked whether this proposal would cost the developer less money. Mr. Perry said no, noting that the same amount of right-of-way and roadway would be included in the project. Council Member Chilton asked why the roadway was proposed farther to the south. Mr. Perry said this location would be further away from the school site, would lend itself to minimal driveway cuts, and the distance from the mass transit corridor would be basically the same as if the corridor ran south and east.

Mr. Horton stated that the stipulation concerning balancing of residential and commercial uses in the first phase was stipulation number 35 on page 36.

Council Member Brown stated she did not intend to mislead the Council with the information she presented at its previous meeting. She stated that there was no development proposal for the Lloyd property and there was little chance that an alignment could be built for a mass transit corridor on a part of this property. Council Member Brown said this was the most likely connection between NC 54 and US 15-501 and it could certainly be a roadway that could be built by Meadowmont's developer, rather than depending on the development of the Lloyd property and the roadway being built at that time.

Mayor Broun stated that he believed the proposal required the developer to dedicate a fifty-foot transit corridor, the only such requirement at this time.

Mayor Broun stated there was still a motion on the table to adopt the Master Land Use Plan with the three previously referenced amendments.

Regarding the proposed Pinehurst Drive connector, Council Member Capowski said he thought that the Council should take steps to minimize impacts on existing neighborhoods. He suggested that stipulation 17 be amended to restrict to Pinehurst Drive to bicycle, pedestrians and emergency vehicles.

Noting that the Council had previously spent a considerable amount of time discussing this stipulation, Council Member Chilton inquired whether any other Council Members wished to continue discussion of this matter.

COUNCIL MEMBER CAPOWSKI MOVED TO AMEND STIPULATION 17 SO THAT USE OF THE PINEHURST DRIVE CONNECTOR WOULD BE RESTRICTED TO BICYCLES, PEDESTRIANS AND EMERGENCY VEHICLES.

Council Member Powell inquired whether there were any comparisons of traffic volumes for Pinehurst Drive and Meadowmont Lane. Mr. Perry stated that one of the basic findings of the project's traffic study was that roughly an equivalent amount of traffic would be generated from the Oaks to Pinehurst Drive and from Meadowmont Lane to Pinehurst Drive. He added that if there were ever a connector between Meadowmont Lane and U.S. 15-501, then the amount of traffic moving through Meadowmont from the north and south would be approximately equal. Mr. Horton said Town transportation planning staff concurred with this conclusion.

Council Member Powell said she did not believe enough consideration had been given to residents of Pinehurst Drive and how future traffic would affect their neighborhood.

Mayor Broun said the Council was faced with the situation of Pinehurst Drive being a developed street, and there was little which could be done at this time.

COUNCIL MEMBER POWELL SECONDED COUNCIL MEMBER CAPOWSKI'S MOTION TO AMEND STIPULATION 17 ON PAGE 21.

Council Member Chilton said this was a very difficult issue and understood the burden this placed on the residents of Pinehurst Drive. Council Member Chilton also said he did not believe that this issue had to be decided at this point in the process, since it was a minor aspect of the plan as a whole. Council Member Chilton said item 17 did not need to be included in the plan. Council Member Chilton also stated that he was opposed to this stipulation and would vote no on the motion.

Mayor Broun asked Mr. Horton whether this connector road with Pinehurst Drive could come back for reconsideration during the special use permit process. Mr. Horton said the matter could come back for discussion and possible action at a later time.

Council Member Brown inquired whether this meant that stipulations being voted on were meaningless since they could be reconsidered during the special use permit process. Mr. Horton noted that the Council always had the option of reconsidering past decisions.

Council Member Protzman said although it might be very tempting to adopt the proposal, this issue had generated a lot of comment from the public. Council Member Protzman said he believed it was right to have roadway connections between neighborhoods. Noting that a thoroughfare was not being proposed for the area, Council Member Protzman said he did not believe that this decision should be deferred. Council Member Protzman noted that he intended to vote for the proposed amendment. Stating that the proposed development was on a large scale, Council Member Protzman said he did not believe that any area residents could have conceptualized the proposed scope of future development on the DuBose property.

COUNCIL MEMBER BROWN MOVED TO OFFER A SUBSTITUTE MOTION TO DELETE ITEM 17 ON PAGE 21 FROM THE MASTER LAND USE PLAN. THE MOTION WAS SECONDED BY COUNCIL MEMBER CAPOWSKI.

Mr. Karpinos reminded the Council that this motion would be a substitute for Council Member Capowski's original motion.

Mayor Broun said the points made had been very good, and would be just as applicable during the special use permit process. Mayor Broun reiterated his support for the proposed Pinehurst Drive connector.

Council Member Evans inquired whether area residents would be left in an uncertain situation if consideration of the stipulation were postponed until the special use permit process. Mayor Broun said yes, noting that they would not have definite information until the special use permit process was completed. He noted that exact street configurations were not finalized until after the special use permit process.

Citing the proposed intersection of NC 54 and the proposed Meadowmont Lane, Council Member Evans asked whether a road was proposed opposite from Barbee Chapel Road. Mr. Horton said the Council could conclude that something different should be authorized during the special use permit process based on the information presented at that time. Council Member Chilton said this meant that this issue would ultimately be decided by the next Council or the one after that.

Council Member Pavão said he agreed with Council Member Protzman's remarks. He said stipulation 17 should be left in, as it provided guidance to future Councils.

Mayor Broun called for a vote on Council Member Brown's motion to delete stipulation 17.

Mayor Broun said although he favored the connection, he also believed it should be left in the stipulations.

THE MOTION TO SUBSTITUTE A MOTION TO DELETE STIPULATION 6d.17 ON PAGE 21 WAS ADOPTED BY A 5-4 VOTE, WITH COUNCIL MEMBERS EVANS, PROTZMAN, PAVÃO, AND WALDORF VOTING NAY.

Council Member Chilton stated that he wanted to clarify that this vote not be presented in the future as a decision not to make this connection. He noted that this was not the decision the Council was making.

Mayor Broun agreed, stating that the minutes should clearly reflect that the Council was making the determination that the decision should be made when special use permit applications were submitted.

Mayor Broun stated that the motion was to eliminate stipulation 6d.17.

THE MOTION TO AMEND BY ELIMINATING STIPULATION 6d.17 WAS ADOPTED BY A 5-4 VOTE, WITH COUNCIL MEMBERS EVANS, PROTZMAN, PAVÃO AND WALDORF VOTING NAY.

Council Member Capowski asked Mr. Karpinos whether or not it would be a violation of the Umstead Act if the Town were to permit the University of North Carolina to locate a spa in the proposed wellness center facility. Noting that the University currently competed with the private sector in a number of areas, Mr. Karpinos said he did not believe that the situation outlined was any different.

Mayor Broun stated that the principal motion still to be considered were the amendments as suggested by the applicant with additional language about the elimination of item 17 and access to Meadowmont Lane by the proposed wellness center and food store.

Council Member Waldorf said she generally believed that neighborhoods needed to be interconnected. She also noted that if the proposed school were to serve the Oaks neighborhood, there should be roadway connections between Meadowmont and the Oaks.

Council Member Brown said this situation involved connecting roads to major transit corridors, rather than simply connecting neighborhoods.

Mayor Broun noted that the motion to be voted on now was the Master Land Use Plan.

THE MOTION WAS ADOPTED BY A 6-3 VOTE, WITH COUNCIL MEMBERS BROWN, CHILTON, AND CAPOWSKI VOTING NAY.

A RESOLUTION APPROVING AN APPLICATION FOR MASTER LAND USE PLAN FOR THE MEADOWMONT MIXED USE DEVELOPMENT (MLUP.52.6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Master Land Use Plan proposed by EastWest Partners, Inc., on property identified as Chapel Hill Township Tax Map 52, Lot 6; Durham County Tax Map 479, Lot 1B, if developed according to the Master Land Use Plan dated April 26, 1994 (revised August 4, 1995), and the general principles outlined in the Developer's Report dated April 28, 1995 (submitted by the applicant and subject to the revisions listed in the conditions below), and the conditions listed below:

1. Would maintain the public health, safety and general welfare;

2. Would maintain or enhance the value of contiguous property; and

3. Would 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 October 9, 1997 (two years from the date of Council approval of the Master Land Use Plan), or the above Master Land Use Plan shall automatically expire.

2. Land Use Intensity:

a. That no more than 1,298 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.

On the Master Land Use Plan, note #6 under "Notes: Land Use Types and Intensities" does not apply.

b. That non-residential floor area shall be limited to 785,100 square feet.

c. That in a case of conflict between the Development Ordinance regulations regarding maximum land use intensity and the developer's proposal, the Development Ordinance regulations in place as of the date of this approval, or applicable approved Special Use Permit or Zoning Compliance Permit, shall supersede the developer's proposal.

3. Land Uses:

a. Permitted land uses within the various land use areas must be limited to those described in the uses shown on the Master Plan submitted by the applicant and identified in Subsection 12.3 (schedule of uses) of the Chapel Hill Development Ordinance and any other applicable provisions of the Development Ordinance, or applicable approved Special Use Permit or Zoning Compliance Permit.

b. In a case where the Master Plan or Developer's Report lists a use not included in a particular zoning district according to Subsection 12.3 or other applicable sections, the use shall not be permitted. Uses shall be in accordance with those defined in Article 2 of the Development Ordinance.

c. The proposed 20-foot strip of land bordering Lancaster Drive shall be recorded on final plats with a note indicating it is not a lot which can be built upon.

d. That 16 acres of land be deeded to the Chapel Hill-Carrboro City Schools for use as a future school site. The location of the 16 acres shall be as shown on the applicant's Master Plan, dated August 10, 1995. The 16-acre parcel shall be deeded as a condition of a special use permit for the first phase of development that includes residential units. The deed shall provide that if the School Board does not commit within six years of the date of this approval to build a school and within eight years receive a special use permit for construction of a school on this site, title to the property shall revert to the current owner and may be used for up to 50 residential lots in this area with the approval of a Special Use Permit. (Maximum number of dwelling units for entire site remains at 1,298). However, if the applicant has not constructed Meadowmont Lane from NC 54 to the school entrance and provided utilities to the site, the time period to receive a special use permit shall be extended until two years after such time as said road and utilities have been constructed.

An additional two acres at the southern end of the school site shall be reserved for eight years from the date of this approval, for optional purchase by the local School Board, at a price determined to be fair market value for developed lots (i.e., with utilities and roadway frontage). If the School Board does not commit to purchase within six years and act within eight years to purchase this 2-acre parcel, the reservation requirement shall expire and the property owner may use this 2-acre parcel for development of residential lots. However, if the applicant has not constructed Meadowmont Lane from NC 54 to the school entrance and provided utilities to the site, the right to purchase shall be extended until two years from such time as said road and utilities have been constructed.

4. Traffic Impact Analysis: That with the submittal of each Special Use Permit application for development proposing building(s), the developer shall provide an updated detailed Traffic Impact Analysis for the entire 435-acre site.

5. Transportation Management Plan: That prior to issuance of a Zoning Compliance Permit for any portion of the proposed non-residential uses, the applicant shall prepare and receive approval from the Town Manager for a Transportation Management Plan. This Transportation Management Plan shall include provisions to reduce automobile traffic and encourage the use of alternative modes of transportation. The scope of the plan, and its amendments, shall be subject to approval by the Town Manager.

6. Required Transportation Related Public Improvements:

a. That the improvements identified below be provided at a minimum, and that additional improvements may be required upon review of detailed, updated Traffic Impact Statements which shall be submitted with Special Use Permit application(s) for development of the site.

b. The sequence and extent of the following improvements, unless otherwise noted in the following stipulations, shall be determined by the Town Council, or Council's designee, if Council elects, with each approval of Special Use Permit for the phases of development, according to the relative scale and impact of each phase.

c. NC 54:

1) That the developer provide a signal payment-in-lieu to the Town or State, as appropriate, for the signal installation/upgrades for the intersections of NC 54 and the proposed entrances at approximately 800 feet east of the Burning Tree Drive intersection; at Meadowmont Lane/Friday Center Drive; and at Barbee Chapel Hill Road extension. If the warrants are not met within five years time after full buildout of the development, the developer shall be reimbursed for the full payment amount.

2) That the two entrances across from each other on NC 54 and closest to Burning Tree Drive be shifted east as far as possible without shifting the proposed office/commercial off the knoll just north of the highway.

3) That the developer add left-turn lane and right-hand deceleration/turn lane on NC 54 at each of the proposed entrances into the development, subject to NCDOT and Town Manager approval.

d. Internal Streets: Special consideration shall be given to keeping internal roadway widths as narrow as possible.

1) That the developer's proposed street/alley standard chart be deleted from this Master Land Use Plan application; and the Notes #1-5 under "Notes: Streets" on the Master Land Use Plan shall not apply and shall be deleted from any documents to be recorded. Street and alley standards shall be developed as Special Use Permit applications are received.

2) That with the submittal of Special Use Permit applications, the developer submit a street plan indicating the layout and hierarchy, and indicating which streets and alleys are proposed to be public and which are to be private. (The approval of the Master Plan shall not fix the specific alignment of the proposed new streets.) The Town Council or Manager, as applicable, shall reserve the right to determine whether a given street or alley shall be publicly or privately maintained and the construction standards which shall apply.

3) That as a condition of approval for the first Special Use Permit application proposing building(s), a set of street standards for the entire site (including dimensions of rights-of-way, streets, sidewalks, travel lanes, parking lanes, and planting strips) be approved by the Town Manager prior to issuance of any Zoning Compliance Permit.

4) That Special Use Permit applications shall include general traffic calming design features such as narrower streets, minimal length straight streets, and sign-controlled intersections.

5) That Meadowmont Lane shall be designed to accommodate future regional mass transit, with a right-of-way width of at least 60 feet (total right-of-way width for Meadowmont Lane and the fixed guideway shall be at least 110 feet.)

6) That the Barbee Chapel Road extension and Meadowmont Lane be constructed to arterial standards of the Town, and if applicable, of the State. If the State accepts these streets for maintenance, the State standards shall apply.

7) That Meadowmont Lane be constructed with a center median, with four lanes from the NC 54 intersection to the commercial center, changing to a two-lane configuration north of the commercial center. The cross-section shall include bike lanes, curb and gutter, and sidewalks along both sides of the entire length.

8) Driveways shall be minimized on Meadowmont Lane. There shall be no more than one driveway cut per every two lots on Meadowmont Lane. All homes on Meadowmont Lane shall be turn arounds to prevent the need to back into Meadowmont Lane. In addition, alternative access shall be provided for the Wellness Center and grocery store, with no direct vehicular access onto Meadowmont Lane or the transit corridor.

9) That Meadowmont Lane shall be extended to stub out to the eastern property line, to enable future connection to adjacent property. As the corridor for Meadowmont Lane and the potential future fixed guideway corridor traverse the land in the vicinity of the existing Meadowmont Estate, the two corridors may be split as follows:

- Meadowmont Lane shall be a corridor for joint use of a roadway and potential future fixed guideway corridor for the portion from NC 54 north to the southwestern corner of the existing Meadowmont Estate.

- Beginning at the southwestern corner of the existing Meadowmont Estate, Meadowmont Lane shall continue north as a public street and shall be aligned to the west and north of the existing Meadowmont Estate, to continue to and stub-out to the eastern edge of the DuBose property.

- This section of Meadowmont Lane will be a minor thoroughfare, built as a two-lane road with bikelanes, curb and gutter, and sidewalk, within a 60 foot right-of-way.

- At the southwestern corner of the existing Meadowmont Estate, the corridor for potential future fixed guideway shall separate from the roadway portion of Meadowmont Lane, such that the fixed guideway corridor is aligned to the south an east of the Estate. A 50-foot right of way shall be dedicated along this corridor, for the portions of the corridor that are on the DuBuose property.

10) That a preliminary grading plan for the future extension of Meadowmont Lane, from a point at least 400 feet west of the eastern DuBose property line, northeast to the point where Meadowmont Lane leaves the DuBose property and enters the U.S. Army Corps of Engineers property, be prepared by the developer to help determine feasibility of a proposed alignment for Meadowmont Lane, and so that the necessary right-of-way width can be determined.

This preliminary grading plan shall be reviewed and approved by the Town Manager prior to plat recordation for any lots fronting the above-described section of Meadowmont Lane.

11) That a turnaround of sufficient size for service vehicles, trucks, and buses be added to the end of Meadowmont Lane and to all streets terminating at the Lloyd property at the eastern property line. The final design shall be subject to Town Manager approval.

12) That the intersection of the proposed Barbee Chapel Road Extension and Meadowmont Lane be at least 800 feet from the Meadowmont Lane/NC 54 intersection as shown on the Master Land Use Plan.

13) That the streets in the commercial areas be public and that cross-sections include sidewalks and planting areas of sufficient size; with plans subject to approval by the Town Manager.

14) That the right-of-way widths for the public streets shall be subject to the approval of the Town Council or Town Manager, as appropriate. The Town Council or Town Manager may require right-of-way width of selected internal streets to include sufficient space for underground utility lines behind the sidewalks.

15) That all public streets and alleys within the development be constructed to Town standards (except where NCDOT standards apply) and dedicated to the Town for public maintenance.

16) That at least three lanes be provided at each project exit onto NC 54 - one left-turn lane, one through lane, and one right-turn lane; with plans subject to Town Manager and NCDOT approval.

17) That at least two access points be provided to the Lloyd property adjacent to the east, the locations of which shall be subject to Town Council or Town Manager approval, as appropriate.

18) That the developer explore possibilities for connections to Finley Golf Course Road and to Friday Center Drive with subsequent Special Use Permit applications.

19) That the streets shall be built to Town standards, and shall be dedicated as public streets. The Town Council or Town Manager may require certain private alleys to be built to Town standards to withstand service vehicles even if the streets are not maintained by the Town. Developer and developer's heirs, successors and assigns shall indemnify the Town from claims for damages to any privately maintained streets or alleys caused by vehicles, equipment, etc. belonging to the Town, other governmental body, or public utility vehicles.

20) That each road stubout to a subsequent phase be extended (cleared and graded) at least 100 feet into the adjacent future phases(s). Signage shall be located at each roadway stubout that indicates the roadway will be extended for future development. The size, text, and color of the signs shall be subject to the Town Manager's approval.

21) For construction of streets and drives to be used by service and transit vehicles, subsoil replacement and subsurface drainage shall be implemented as necessary to construct the streets and drives to Town standards.

22) That right-of-way for connecting the neighborhood loop street to Meadowmont Lane be dedicated to the Town as a condition of approval of the Special Use Permit application for development in the area; and that a sign be posted at the future connection point on that loop which states that a through connection will be made when Meadowmont Lane is extended.

e. Transit Related Improvements:

That the developer construct a number of bus shelters within the development, and bus pull-offs along the highway frontages and on Meadowmont Lane. The number, type and location of transit stops shall be determined by the Town Manager as more information about uses and locations becomes available with Special Use Permit and other development applications.

f. Bicycles/Pedestrian Improvements:

1) That safe pedestrian/bike access under NC 54 be provided by the developer to link the two portions of this development, subject to Town and State approval of plans. If the NCDOT does not approve an open-cut method of construction, the developer will make a payment-in-lieu of construction to the Town. Amount of said payment to be based on an open-cut construction technique.

2) That sidewalk be provided in the following locations:

* along this property's frontage on Friday Center Drive

* along both sides of the entire length of Meadowmont Lane

* along both side of NC 54 (at locations approved by the State and the Town Manager, possibly set back from the vehicle travel lanes) along this property's frontage and west to the Burning Tree Drive intersection. Additional right-of-way may be required for this purpose.

3) That sidewalk be installed on at least one side of each street (not the alleys) which is open to the general public, regardless of whether the street is publicly maintained.

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

5) That off-road bike path at least 6-8 feet from the outside travel lanes be provided along the north side of NC 54 along this property's frontage and west to the Burning Tree Drive intersection.

6) That bike paths be provided along both sides of the length of Meadowmont Lane.

7) That adequate provision be made for bike and pedestrian access between the Meadowmont development and the Lloyd property to the east.

8) That bike and pedestrian access be provided throughout the site, including the portion of the site south of NC 54. An overall conceptual pedestrian/bike access and circulation plan for the entire site shall be submitted with the application for the first Special Use Permit proposing building(s), with detailed plans to be submitted for each individual phase at the time of subsequent Special Use Permit applications.

7. Stormwater/Water Quality Related to Public Improvements:

a. That wet detention basin and/or other stormwater management facilities be provided in accordance with all applicable Town regulations, including the Town's Watershed Protection District regulations, Resource Conservation District regulations, Water Quality District regulations; State regulations; and Federal (FEMA) regulations.

b. The stormwater facilities shall be located and designed where practical to avoid intrusion into required landscape buffers and into the preservation areas proposed by the applicant, bordering the meadow. Design and construction of any stormwater management facility shall be approved by the Town Manager.

All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for vehicular ingress/egress as necessary for construction, maintenance operations and equipment. The easements shall include the ponds, pipes, and other storm drainage improvements, as well as the vehicle access drives. The drives shall be in a location to be approved by the Town Manager.

c. That the retention and detention ponds shall be bonded and maintained by private entities such as an owners' or homeowners' association, and shall be monitored for compliance with Town and State regulations by the Town Manager, with performance guarantees provided as required by the Town Manager.

The Council reserves the right to require public maintenance of stormwater facilities during the life of the project. In the event of such requirement, the party holding title to a given facility may be required to pay maintenance fees lawfully established or to reimburse the maintenance entity for reasonable costs which it determines, and/or to post a financial guarantee of such payments.

8. Water and Sewer Line Extensions: That preliminary utility extension plans for the 435-acre site shall 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 shall include water and sewer line construction proposed by the developer both off-site and on-site.

9. Other Required Public Utility Improvements:

a. That empty duct banks for future street lights and signal cables be installed to and along this property's frontage on NC 54, if deemed necessary by the Town Manager.

b. A street lighting plan, including underground wiring plan, must be submitted with each Special Use Permit application.

c. Future Special Use Permit or Zoning Compliance Permit approvals shall address additional utility requirements, which may include conduit for phone, cable television lines, etc.

10. Stormwater Management Plan: That a general conceptual stormwater management plan for the entire site be submitted for review with the Zoning Compliance Permit application 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.

11. Preservation of Existing Meadows, Barns, Outbuildings: The existing meadows, barns, and outbuildings shall be preserved and maintained as shown on the plans, and all Federal and State regulations regarding preservation of, relocation of, and development around these features shall be complied with.

12. 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, including privately maintained streets and alleys. All property owners, excluding governmental bodies, shall be represented in the owners' association. This owners' association may have maintenance responsibilities for commonly owned development elements which affect the entire development, including the stormwater management facilities.

In addition, a separate neighborhood association and/or an owners' association for the private non-residential areas shall be created for the maintenance and regulation of these areas. The documents creating these entities shall be reviewed by and be subject to approval by the Town Manager and shall be recorded in the Orange County (or Durham 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, private stormwater retention and detention facilities, and the perimeter buffers. These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

13. Service Stations: For any service station within this development, the following stipulations and all applicable State and Federal regulations 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 the Town Manager determines might collect hazardous materials shall be connected to a tank or catch basin of 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 of the Chapel Hill Development Ordinance, which includes 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 service station be routed to an oil-sand separator or equivalent (subject to Town Manager approval) 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 shall 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.

All plans addressing the above measures shall be subject to Town Manager approval.

14. Design-Related Stipulations: The developer's proposed design/construction standards, included in the Developer's Report dated April 28, 1995, shall not be included in the approval of the Master Land Use Plan. The following basic design principles shall apply to development of this site unless amended through a Special Use Permit:

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 shall review and may approve other methods on a case-by-case basis. Because uses other than single-family and two-family lots are allowed in the residential areas, 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. Special Use Permit applications shall include specific street construction standards and materials; maximum slopes and vertical curve data; curb type; drainage methods; typical cross-sections; and landscaping of street side slopes and traffic islands. They shall also address lighting of streets and alleys.

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

e. No alleys shall intersect a street at a point where the street slopes over 15% without approval by the Town Council.

f. That all driveway locations, for residential and non-residential uses, be reviewed by the Town Manager, subject to the Town Manager's approval.

g. Front yard driveways and parking areas shall be minimized for the lots fronting on Meadowmont Lane. All such driveways and parking areas shall be subject to approval by the Town Manager.

h. That all parking areas shall be screened from highway view. Screening plans shall be subject to approval by the Town Manager and Appearance Commission.

i. That parking areas for buildings along the highway corridor shall be at or behind the building line.

j. That at the time of application for the first Special Use Permit proposing building(s) for this property, pursuant to an approved Master Plan, the property owner shall:

1) submit a plan defining an "entranceway corridor", identifying those areas of the site where structures would be visible from NC Highway 54; and

2) submit a set of design guidelines that set forth principles which shall be followed and met for structures, including surface parking lots, within the entranceway corridor

These two documents shall be subject to approval by the Town Council as part of any Special Use Permit approval. Any subsequent development of any structure within the defined entranceway corridor shall be required, before construction can begin, to have certification from the Town's Appearance Commission that the proposed structures are generally consistent with the approved design guidelines.

k. That speed limits and on-street parking be regulated by the Town Council or the State, whichever is appropriate.

l. That any elevated connecting walkways between buildings and over streets, driveways, or alleys must provide over 13 feet, 6 inches clearance for service and emergency vehicles.

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 and/or picnic shelters. The plans for the recreation space shall be reviewed for approval by the Town Manager and by the Town Council or Parks and Recreation Commission if so required under the terms of an applicable Special Use Permit. The recreation facilities shall be developed/constructed by the developer.

b. That an overall recreation area concept plan and phasing plan be provided, prior to approval of the first Special Use Permit proposing building(s), showing the proposed locations, sizes, and types of passive and active recreation areas for the 435-acre site.

c. The recreation space and recreation areas, including the main park and the greenway, shall be developed by the developer and shall 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 shall remain responsible for the recreation space or area unless and until the Town or an Owners' Association accepts the property.

If a homeowners' association is responsible for a recreation space or area, and if the Town Manager determines that 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, or may require establishment of a maintenance performance guarantee.

The Conservation Area along Little Creek as shown on the approved plans, shall be dedicated and deeded to the Town for conservation and passive recreation purposes.

d. The 70-acre park shall be developed by the developer with the first phase of development which contains residential units or a surety guarantee shall be provided in an amount to cover costs of building the park and access roads to the park.

e. No Certificates of Occupancy shall be issued for the residential units within a phase until all the active recreation facilities for that particular phase have been completed, or a performance guarantee acceptable to the Town Manager is posted with the Town to ensure timely completion.

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

g. That the proposed greenway not end at the golf course, but extend to the pond/amenity area to the north, to connect the northern end of the site to the village center.

h. That the greenway coincide with the sewer easement where possible, and that it include a 10-foot wide asphalt path inside a 34-foot pedestrian easement, and that the design and construction be approved by the Town Manager.

i. That in addition to a main central park for the development, additional smaller neighborhood parks shall be provided in the residential areas, particularly in the multi-family residential areas.

j. That the U. S. Army Corps of Engineers and the Town Manager review and approve the plans for development of the park. If the plans are not approved, an alternate location for the playing fields must be provided on the site.

k. That with the Special Use Permit application which includes the 70-acre park, adequate parking for the park (including the athletic fields) be indicated on the plans. If a school is to be constructed near the park, sharing of parking areas and athletic facilities shall be encouraged.

16. Review Process: Each application shall demonstrate compliance with the Development Ordinance, including the intensity regulations of Article 13 and relevant Special Use Permit requirements. The following processes shall be used to review and approve individual phases of development:

Residential:

Single- and two-family structures to be approved by the Town Manager, pursuant to a Council-approved Special Use Permit.

All other residential development to be approved by the Town Council as Special Use Permits.

Non-residential:

All development to be approved by the Town Council as Special Use Permits.

Signage:

All signage to be approved by the Town's Appearance Commission in accordance with the provisions of the Development Ordinance.

Stipulations Related to Resource Conservation District

17. Boundaries: That the boundaries of the Resource Conservation District for the entire site be indicated on all plans submitted for development. A note shall be added indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance" on all plans and plats.

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 phases(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 shall be adhered to, unless the applicant is granted administrative exemptions. Permitted encroachments may include, but are not limited to:

- street crossings

- pedestrian/bicycle paths along and over the streams

- wet detention basin/stormwater management facility

- utility lines

- surface parking

Stipulations Related to State and Federal Government Approvals

20. State and Federal Approvals: That any required State or Federal permits or encroachment agreements (including but not limited to those needed for improvements to NC 54, for pond and dam construction, for stormwater management and erosion control, and crossings over/under NC 54, for disturbance related to the listed archaeological sites, for water and sewer extension, and for development in the Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the 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. Landscape Protection Plan:

a. That a preliminary Landscape Protection Plan be prepared as part of each Special Use Permit application. The plan shall include a detailed site analysis describing the typical types and sizes of trees on different sections of the site and showing the approximate location of all trees greater than 36 inches in diameter within 100 feet of proposed construction/land disturbance. The plan shall also indicate the approximate location of the clear cutting limits associated with construction of roadways, multi-family development, and non-residential development, borrow areas, stormwater management improvements, and utility installations, especially sanitary sewer.

b. That a detailed tree survey and Landscape Protection Plan shall be submitted to the Town Manager as part of each Special Use Permit application and 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, unless alternate protective measures are approved by the Town Manager, between infrastructure construction and existing vegetation in:

* all required landscape buffers;

* all common areas (public or private);

* all areas designated to be used for residential, non-residential, or mixed use development; and

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

23. Landscape Buffers and Setbacks: That the following landscape buffers and setbacks be provided:

AREA ON MASTER PLAN	BUFFER WIDTH AND TYPE	PERIMETER SETBACK/ SETBACK FROM R.O.W.
Area A	75' type "D"	75'
Area B	100' - 400' type "D"	100'
Area C	100' type "D"	100'
Area D	50' type "D"	50'/75'
Area E	50' type "D"	50'/75'
Area F	500' - 600' type "D"	500' - 600'
Area G	200' type "D"	200'
Area H	200' type "D"	200'
Area I	50' type "D"	50'
Area J	50' type "D"	50'/75'
Area K	50' type "D"	50'/75'
Area L	20' type "C"	50'
Area M	20' type "C"	40
Area O	20' type "C"	25'
Area P	0'	40'

* Along the Highway 54 frontages, type "D" landscape buffers shall be provided with "windows" through the vegetation in accordance with the town's Entranceway Plan.

* For single-family or two-family lots, the required landscape buffer shall be provided on property deeded to the homeowners' association rather than the lot.

* If any existing vegetation is to be used to satisfy the buffer requirements, then the vegetation shall be protected by fencing from adjacent construction.

* Easements for utility lines and stormwater piping shall be limited to generally perpendicular crossings where necessary to facilitate access to and function of these facilities. These crossings of the bufferyard shall be reviewed and approved by the Town Manager. Stormwater ponds may be located within the Highway 54 landscape buffer.

Ownership and maintenance of the perimeter landscape buffer in residential areas shall be the owners or homeowners' association's responsibility.

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

24. Street Tree Plantings: That the developer shall provide street tree plantings for internal streets, with canopy trees to be planted 40-60 feet apart behind the sidewalk, 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 shall include:

- at Entranceway on NC 54;

- along entrance roads;

- in the parks, greens, and recreation areas;

- both sides of streets in the non-residential areas;

- both sides of Meadowmont Lane;

- both sides of Barbee Chapel Road extension;

- both sides of streets abutting townhouse development; and

- at least one side of all other streets.

These trees will be installed to Town standards as detailed in the Town's Design Manual, and planters shall have a minimum of 200 square feet of permeable surface, or be in continuous planting strips at least 7 feet wide.

25. 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 for a Special Use permit for each phase of development.

26. Plantings along the Highway Frontage: That plantings be provided, meadows be restored and existing vegetation preserved along the highway frontage in general compliance with the Town's Master Landscape Plan for Entranceway Corridors along NC 54. A streetscape plan, demonstrating compliance with the Entranceway Master Landscape Plan, shall be submitted for Town Manager and Appearance Commission review and approval with the first Special Use Permit application proposing building(s). A phasing plan for plant installation shall be included with this plan. Planting plans for trees along NC 54 shall also be subject to approval by NCDOT.

Stipulations Related to Steep Slopes

27. 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

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

29. Solid Waste Management:

a. That a preliminary conceptual Solid Waste Management Plan for the entire site be submitted with the first Special Use Permit application proposing building(s). This preliminary plan shall address the methods of refuse and recyclable collection (i.e., backyard cans, curbside roll carts, neighborhood collection points, dumpsters, etc.) to be used for the various uses proposed within the development; and shall specifically include provisions for dumpster and/or compactor collection for commercial properties having greater than 5,000 square feet of floor area and for attached housing neighborhoods with a total of 6 units or more, unless approved otherwise by the Town Manager.

b. That a detailed 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.

c. That subsequent Special Use Permit applications include community yard waste/compost site(s) with the number and location to be approved by the Town Council or 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. A phasing plan for the construction of these sites shall be submitted as part of the first application for Zoning Compliance Permit.

d. That a neighborhood recycling center be located on the site with a phasing plan for the construction of this center, as part of the first application for final plans. The size and location shall be subject to approval by the Town Manager.

e. Shared dumpsters and compactors shall be located in parking lots behind the buildings in the non-residential areas, where practical in the Town Manager's determination.

f. A note shall be added to all final plats which include residential areas, to read: "In areas with steep slopes, the Town may require refuse collection methods other than curbside backyard collection."

30. Fire and Safety:

a. That a preliminary fire hydrant plan and fire flow 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 fire flow report shall be required prior to the issuance of a Zoning Compliance Permit for each phase of development.

31. Erosion Control: A phase-specific detailed erosion control plan shall be submitted with each final plan application for review and approval by the Orange County (and Durham County) Erosion Control Officer prior to issuance of a Zoning Compliance Permit.

32. Affordable Housing: That the developer provide an area that will accommodate at least 32 townhouse lots near the village center. The townhouses are to be made available to families that earn no greater than 80 percent of the median income for the Raleigh - Durham Metropolitan Statistical Area published annually by the U. S. Department of Housing and Urban Development.

33. Special Water System: Applicant agrees to explore with OWASA the potential of utilizing effluent from their sewage treatment plant located on Old Mason Farm Road for irrigation, fire flow and fire sprinkler purposes for the commercial areas to be built in Meadowmont. We will be willing The applicant agrees to work with OWASA to achieve this goal so long as any incremental capital cost of installing systems necessary to facilitate this program can be repaid through savings in operation and water cost within three years of the expenditure of the capital cost.

34. Construction Traffic: That phasing plans and construction sequencing be arranged so as to minimize construction traffic on Pinehurst Drive.

35. Mix of Uses: That the initial phase proposing buildings on this site include a mix of residential and commercial uses.

36. Athletic Fields: That the athletic fields identified on the Master Land Use Plan be shifted further south to a slightly higher elevation.

37. Taxation of Wellness Center Facility: That arrangements be made by the developer such that the Proposed Wellness Center, if built as proposed on the Master Plan, be subject to local and state property and sales taxes, or that provisions be made for payment in lieu of such taxes in the event that the property becomes tax-exempt.

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

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

BE IT FURTHER RESOLVED that this approval of the Master Land Use Plan is contingent upon the two rezoning applications for the subject property being enacted by the Town Council on second reading the next time deciding votes are taken on the two rezoning applications.

This the 9th day of October, 1995.

Second Reading of Ordinances to Rezone Land

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 2 DATED OCTOBER 9, 1995.

Council Member Brown asked that her written responses to the staff comparisons be entered into the record. She noted that she did not believe that the staff report showed how the proposed development was connected to the Town's Comprehensive Plan. The text of Council Member Brown's response follows.

Response to Staff Comparison of Meadowmont Proposal to the Council-adopted "Goals for the NC 54 East Entranceway"

From: Joyce Brown

October 9, 1995

GOAL: INCORPORATE A MIX OF USES INCLUDING A VARIETY OF RESIDENTIAL TYPES BALANCED WITH NEIGHBORHOOD/COMMUNITY RETAIL, SERVICES, AND OFFICE USES IN AN INTEGRATED DEVELOPMENT PATTERN.

THE OFFICE, RETAIL, AND HOUSING SHOULD NOT BE IN LARGE SEPARATE ZONES ON THE NORTH SIDE OF NC 54, BUT SHOULD INSTEAD BE MIXED IN FINE GRAINS.

Staff Response: The staff ignores "in an integrated development pattern", as well as "should not be in large separate zones". Yet over half the property would be a large separate zone of R-1, which has been defined by all experts as "urban sprawl" which is what the opening statement for the Goals in effect says we want to avoid. None of the other residential or office components are integrated, but are in separate segments, albeit some are closer to each other than others. The point is that none are integrated as called for in the language of the Goals, but are in separate areas, some even in large separate areas.

GOAL; ENSURE THE AVAILABILITY OF SAFE, SANITARY, DECENT, AND WELL-DESIGNED AFFORDABLE HOUSING. THE DEVELOPERS OF THIS HOUSING, WHETHER OWNER-PURCHASED OR RENTAL, SHALL CONFORM WITH THE INCOME GUIDELINES AS STATED IN THE COMPREHENSIVE PLAN.

Staff Response: The staff emphasizes the 32 units which the developer has committed to reserve, yet there are no guarantees for this. Even if 32 units are built, this is miniscule in relation to the 1,298 residential units which the developer is

building, and is hardly a dent in the affordable housing needs in Chapel Hill.

GOAL; INCLUDE A VARIETY OF HOUSING TYPES WITHIN EACH NEIGHBORHOOD TO ACCOMMODATE LOW, MODERATE, AND UPPER INCOME LEVELS, AS WELL AS SINGLE DWELLERS AND A VARIETY OF RESIDENTIAL TYPES AND SIZES.

Staff Response: The staff response ignores a "variety of housing within each neighborhood". The sentence itself indicates that there are neighborhoods, not one neighborhood. Yet not one neighborhood has a variety of housing types, certainly not the R-1 large area, nor any of the other separated residential areas.

GOAL; INCLUDE SMALL APARTMENT UNITS, TOWNHOUSES, SINGLE-FAMILY HOUSES, AND GARAGE APARTMENTS ON A NEIGHBORHOOD LEVEL.

Staff Response: Once again the staff ignores "on a neighborhood level".

GOAL: INCLUDE OFFICE AND RETAIL LOCATED WITHIN 1/4 MILE OF MOST DWELLINGS IN A NEIGHBORHOOD AREA.

Staff Response: The staff depends on the information provided by the applicant. Even of the "80% of the residents are within a 1/2 mile radius of the village core area", as staff responds, this does not adhere to the goal of "office and retail located within 1/4 mile of most dwelings in a neighborhood area."

GOAL; INCORPORATE THE OFFICE AND RETAIL COMPONENTS WITHIN NEIGHBORHOODS IN A SCALE TO FIT THE NEIGHBORHOODS, for example, with two to three story buildings with living units on the top floors.

Staff Response: The staff response indicates only that a potential exists, but does not indicate any guarantees anywhere.

The scale of 785,000 square feet of office and retail compares in size to South Square Mall and is actually larger in size than Cameron Village, North Hills Mall, all of which attract automobile traffic from the whole region.

GOAL; LIMIT THE OFFICE AND RETAIL COMPONENTS TO ACCOMMODATE PRIMARILY THE NEIGHBORHOOD NEEDS.

Staff Response: The staff response simply lists the various office and retail components. The critical part of this Goal which is to limit the non-residential part of this development to the neigborhood needs is not even mentioned. The size of the office and retail aspects of this proposal clearly indicates that it is built to accommodate a much larger customer base than the Meadowmont neighborhood or neighborhoods. In an editorial on Sunday, October 8, 1995, the Chapel Hill Newspaper said "The "Village Center" retail area is not truly a center, but a gussied-up shopping center designed to attract outside business. This is one of the most critical Goals, yet it is simply brushed over by the staff.

GOAL: CLUSTER DEVELOPMENT SO AS TO PROVIDE GREEN SPACE FOR PRESERVATION AND COMMUNITY GATHERING PLACES.

Staff Response: While the staff responds that about 30% of the total site area is preserved for recreation and open space, a large part of this is wetlands which would not be buildable. It is also important to note that over half of the 435 acres is to remain zoned as R-1 and the residential units there are not clustered at all.

GOAL: INCLUDE PEDESTRIAN AND BICYCLE FACILITIES IN EVERY ASPECT OF THE DEVELOPMENT TO ENSURE PEDESTRIAN-AND-BICYCLE-FRIENDLY DEVELOPMENT.

Staff Response: The pedestrian facilities mentioned are limited to one side of each residential street, the greenway, the pedestrian tunnel and one side of public streets. Bicycle facilities are only planned in the greenway and on Meadowmont Lane. This hardly meets the language of this Goal.

GOAL; THE NATURE OF THE BUSINESS SHOULD APPEAL TO PEDESTRIAN TRAFFIC.

Staff Response: The staff response only speaks to the Village Center as designed to encourage a pedestrian orientation by grouping buildings along major streets. In actuality, as the Editor of the Chapel Hill Newspaper correctly sees, the nature of the business is to attractive automobile traffic from wherever outside of the area, not pedestrian traffic. People might park their cars and walk to some of the stores or restaurants, but that would be the largest pedestrian traffic.

GOAL; DEVELOP IN SUCH A WAY THAT ENCOURAGES REDUCTIONS IN THE NUMBER OF AUTOMOBILE TRIPS PER HOUSEHOLD PER DAY AND THAT PROVIDES CHOICES OF ROUTES TO USERS OF MOTOR VEHICLES, AS WELL AS TRANSIT ALTERNATIVES TO THE SINGLE OCCUPANT VEHICLE.

Staff Response: The staff response is particularly weak about this extremely important goal. With over half of this development in R-1 which is located some distance from the retail, automobile trip reduction is not indicated. But even more importantly, the way the roads are laid out, the major transportation route is not cul de sacs, but one long cul de sac, which provides virtually no choice to users of motor vehicles.

Unfortunately I was unable to address each Goal and staff response. The ones that I was able to address indicate to me that the staff has not made a case that this development complies with the recently adopted Goals for the NC 54 East Entranceway.

Council Member Chilton said he believed the amendments that the Council had previously made would permit, but not compel, the proposed rezoning.

ORDINANCE 0-2 WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS BROWN, CHILTON, AND CAPOWSKI VOTING NAY.

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (95-10-9/O-2)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of EastWest Partners to amend the Zoning Atlas to rezone property described below from Residential-1 to Mixed Use Residential-1, and finds that the amendment achieves the purposes of the Comprehensive Plan; and

WHEREAS, the Council finds that any approved special use under the Mixed Use Residential-1 (MU-R-1) zoning would be suitable for the property proposed for rezoning under the conditions of the approved Master Land Use Plan;

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 Tax Map 52, Lot 6, and Durham County Tax Map 479, Lot 1B, located on both sides of NC 54, plus portions of the adjoining right-of-way of NC 54; all approximately 70 acres in area, be rezoned from Residential-1 to Mixed Use Residential-1. The legal description of the entire property is as follows:

Beginning at the Reference Point at the intersection of the centerline of Burning Tree Drive and the Northern R.O.W. line of N.C. Hwy. 54 proceeding S 62°26'14² E 246.28' then proceeding S 62°26'14² E 123.54' then proceeding S 00°13'42² W 102.87' then to the P.O.B. of MU-R-1 and proceeding:

S 62°20¢51² E 279.24¢

S 62°20¢51² E 139.97¢

N 27°38¢49² E 591.69¢

to a curve whose Tangent = 637.10¢ Arc Length = 670.93¢ Radius 295.01¢

S 19°20¢04² E 50.02¢

to a curve whose Tangent = 206.30¢ Arc Length = 361.44¢ Radius 300.00¢ Delta = 69°01¢45²

S 88°21¢49² E 387.58¢

N 00°38¢05² E 187.99¢

N 12°19¢33² E 303.33¢

S 83°21¢22² E 116.41¢

S 88°28¢42² E 440.72¢

S 02°20¢58² E 593.46¢

to a curve whose Tangent = 185.53¢ Arc Length = 362.71¢ Radius 700.00¢ Delta = 29°41¢19²

S 27°22¢03² W 734.52¢

N 62°43¢15² W 486.60¢

S 25°35¢33² W 88.90¢

S 27°35¢54² W 473.78¢

N 72°18¢33² W 188.47¢

N 70°54¢58² W 150.16¢

N 56°37¢27² W 271.31¢

N 63°04¢21² W 352.18¢

N 64°48¢54² W 179.78¢

N 59°40¢17² W 140.68¢

N 57°01¢18² W 398.58¢

N 30°02¢44² E 155.43¢

N 00°13¢42² E 351.63¢

N 00°13¢42² E 102.91¢

Returning to the P.O.B. of MU-R-1

SECTION II

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

This the 9th day of October, 1995. (First Reading)

This the 23rd day of October, 1995. (Second Reading)

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS BROWN, CHILTON, AND CAPOWSKI VOTING NAY.

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (95-10-9/O-3)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of EastWest Partners to amend the Zoning Atlas to rezone property described below from Residential-1 to Residential-5-C, 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 (R-5-C) zoning would be suitable for the property proposed for rezoning under the conditions of the approved Master Land Use Plan;

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 Tax Map 52, Lot 6, and Durham County Tax Map 479, Lot 1B, located on the north side of NC 54, except for the portion described in the attached Ordinance A to be rezoned to Mixed Use Residential-1 (MU-R-1) zoning district, and except for the 225-acre portion to remain in the Residential-1 zoning district; plus one-half the adjoining right-of-way of NC 54 along the frontage of the R-5-C area described in same map (approximately 140 acres) be rezoned from Residential-1 to Residential-5-C. The legal description of the entire property is as follows:

Beginning at the Reference Point at the intersection of the centerline of Burning Tree Drive and the Northern R.O.W. of N.C. Hwy. 54 proceeding S 62°26'14² E 246.28' then proceeding S 62°26'14² E 123.54' then proceeding S 00°13'42² W 102.87' then proceeding S 62°20'51² E 279.24' to the P.O.B. of R-5-C and proceeding:

S 62°20¢51² E 139.97¢

N 27°38¢49² E 591.69¢

to a curve whose Tangent = 637.10¢ Arc Length = 670.93¢ Radius 295.01¢ Delta = 130°18¢26²

S 19°20¢04² E 50.02¢

to a curve whose Tangent = 206.30¢ Chord 339.97¢ Arc Length = 361.44¢ Radius 300.00¢ Delta = 69°01¢45²

S 88°21¢49² E 387.58¢

N 00°38¢05² E 187.99¢

N 12°19¢33² E 303.33¢

S 83°21¢22² E 116.41¢

S 88°28¢42² E 440.72¢

S 02°20¢58² E 593.46¢

to a curve whose Tangent = 185.53¢ Arc Length = 362.71¢ Radius 700.00¢ Delta = 29°41¢19²

S 27°22¢03² W 734.52¢

S 27°35¢54² W 141.89¢

to a curve whose Tangent = 179.19¢ Arc Length = 351.24¢ Radius 719.59¢ Delta = 27°58¢00²

S 00°22¢06² E 350.26¢

S 89°34¢28² E 334.96¢

S 89°44¢21² E 35.98¢

S 89°44¢21² E 336.57¢

S 89°33¢05² E 247.57¢

N 17°39¢20² E 359.99¢

N 86°51¢11² E 380.95¢

N 11°59¢45² E 220.94¢

N 11°54¢40² E 2882.61¢

S 89°53¢14² W 924.57¢

to a curve whose Tangent = 375.04¢ Arc Length = 677.86¢ Radius 636.69¢ Delta = 61°00¢03²

N 62°22¢59² W 320.90¢

S 37°36¢09² W 91.48¢

to a curve whose Tangent = 78.91¢ Arc Length = 145.28¢ Radius 150.00¢ Delta = 55°29¢36²

N 86°54¢15² W 128.97¢

to a curve whose Tangent = 1655.83¢ Arc Length = 1113.71¢ Radius 421.34¢ Delta = 151°26¢50²

S 31°44¢12² W 244.09¢

to a curve whose Tangent = 118.87¢ Arc Length = 236.01¢ Radius 800.00¢ Delta = 16°54¢10²

S 31°44¢12² W 345.88¢

to a curve whose Tangent = 33.39¢ Arc Length = 66.11¢ Radius 190.00¢ Delta = 19°54¢14²

S 11°47¢58² W 88.80¢

to a curve whose Tangent = 329.25¢ Arc Length = 563.67¢ Radius 435.00¢ Delta = 74°14¢37²

S 27°33¢21² W 591.80¢

Return to P.O.B. of R-1

SECTION II

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

This the 9th day of October, 1995. (First Reading)

This the 23rd day of October, 1995. (Second Reading)

Item 6 1997-2003 Transportation Improvements Program

Mr. Horton noted that a proposed 1997-2003 Town transportation project priority list had been presented to the Council at its October 18th 1995 hearing to receive public comment and the Council's recommendations. Mr. Horton recommended that the Council adopt Resolution A, which would approve the proposed priority list.

Joan Bartel stated that she was very concerned about proposed right-of-way takings without benefit of specific limits. Ms. Bartel asked the Council to consider setting limits on the takings of right-of-way. Mr. Horton said it was customary that the State would propose a conceptual design which would include estimated right-of-way takings. Mr. Horton recommended that the Council reserve comment until that time.

Council Member Brown asked whether conditions could be added which would alert the North Carolina Department of Transportation what would be acceptable to the Town. Council Member Brown said this area was historically important to the Town and should be protected. Mr. Horton said he was unsure how such stipulations could specifically be presented to the North Carolina Department of Transportation. Council Member Brown suggested that some modest language in this vein should be included in the proposed resolution. Council Member Protzman said he agreed that this modest language should be added minimizing right-of-way takings.

Mr. Horton suggested adding a semi-colon and the following language at the end of the second "whereas" clause, "minimizes right-of-way takings".

Council Member Evans inquired about the genesis of project cost estimates. Mr. Bonk said these cost estimates were provided by the North Carolina Department of Transportation.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION R-7a WITH LANGUAGE AS AMENDED.

Council Member Waldorf stated that since the Meadowmont Master Land Use Plan had been approved, the Council should consider asking the Transportation Advisory Committee to make development of the Laurel Hill Parkway/Meadowmont Lane an additional item on the priority list.

Mr. Horton stated that it would be appropriate to ask the Transportation Advisory Committee to keep this project in mind so it could be considered in detail in the future.

Council Member Brown said it was her understanding that developers, rather than taxpayers would not have to bear the expense of building this roadway corridor.

Council Member Capowski said he believed Meadowmont Lane would be a very small part of the overall corridor.

THE MOTION TO ADOPT RESOLUTION 7A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING TRANSPORTATION PRIORITIES TO BE SUBMITTED TO THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY COMMITTEE FOR INCLUSION IN THE DURHAM-CHAPEL HILL-CARRBORO METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM (95-10-23/R-7a)

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilites; and

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee will prepare a Regional Transportation Priority List and Metropolitan Transportation Improvement Program that identifies funding priorities for transportation projects and minimizes right-of-way takings; and

WHEREAS, the Town of Chapel Hill has considered its transportation needs and identified projects that would meet the Town's transportation goals;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the attached 1997-2003 Transportation Project Priority List.

BE IT FURTHER RESOLVED that the Town of Chapel Hill continues to support those local projects previously identified for funding in the Metropolitan Transportation Improvement Program.

BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to transmit these adopted priorities to the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee for their consideration in preparing the 1997-2003 Metropolitan Transportation Improvement Programs.

This the 23rd day of October, 1995.

Item 7 Items Deferred from October 9th Meeting

Item 7a Enforcement of Bicycle Traffic Safety Regulations

Council Member Capowski said that because of the unusually large amount of bicycle traffic in the Town, it was imperative that bicyclists abide by all traffic laws. He also said it was important that the Council fully support this approach. Council Member Capowski said that in January four new officers would be added who would help to enforce bicycle traffic regulations.

Item 7b Interim Report on the Outdoor Nature Program

There were no comments by Council Members.

Item 7c Authorizing Transfer of State Economic Development Funds

to the Triangle J Council of Governments

There were no comments or questions by Council Members.

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

A RESOLUTION OF THE CHAPEL HILL TOWN COUNCIL REQUESTING RELEASE OF STATE ECONOMIC DEVELOPMENT FUNDS TO THE TRIANGLE J COUNCIL OF GOVERNMENT (95-10-23/R-8)

WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the state; and

WHEREAS, many counties and cities continue to need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and

WHEREAS, the 1995 General Assembly recognized this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed appropriate by their local governments; and

WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and

WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and

WHEREAS, in Region J, funds in the amount of $48,015 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangle Park;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the release of its $3,085.35 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Chapter 324, House Bill 229, section 9.4 of the 1995 Session Laws.

This the 9th day of October, 1995.

There was no need for a closed session. The meeting concluded at 9:18 p.m.