Regular business meeting—Council Members in attendance were all at 7:03 p

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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, NOVEMBER 11, 1996

Mayor Waldorf called the meeting to order at 7:03 p.m. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavao and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Waldorf noted that the Atlanta Olympic Committee had presented a plaque of appreciation to the Town for use of Chapel Hill Transit buses during the recent Olympic Games. She also noted that the Chapel Hill-Carrboro Chamber of Commerce had recently presented a certificate of appreciation to the Town’s employees for their community assistance following Hurricane Fran.

John Herrera introduced ten visitors from nations of West Africa, including Cameroon, Ivory Coast, Mali, Nigeria and Senegal, attending a two day seminar on grassroots democracy, being held at Duke University.

Item 3 Petitions

Council Member Andresen requested that the Manager prepare a follow-up options report regarding the current location of the police department firing range. Council Member Andresen also requested that staff examine options for making the intersection of Franklin and Columbia Streets more “pedestrian-friendly.” Council Member Franck said this intersection was the safest one in Town if one walked in accordance with signals at the intersection. Council Member Andresen said some citizens had expressed pedestrian safety concerns about the intersection.

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

Council Member Brown requested that staff follow-up on refuse truck concerns of Rogers Road residents. There was Council consensus for staff to prepare such a report.

Noting that today marked Armistice Day, Council Member Chilton read an account from the August 17, 1945 Chapel Hill Weekly regarding events in Chapel Hill on the original Armistice Day.

Mayor Waldorf requested that staff prepare a report for the Council’s January 18^th planning session concerning the establishment of priorities for the recently approved bond issues. Council Member Capowski requested that staff prepare a Council resolution of appreciation for Council adoption and forwarding to members of the Citizen’s Bond Committee.

Mayor Waldorf requested removal of item seven (adjusting compensation of the Manager and Attorney) from this evening’s agenda. Council concurred on this matter.

Items Carried Over from October 28^th Business Meeting

Follow-up on Plow Petition

Noting that the Manager was recommending no action to remove the existing appliance pick-up fee, Council Member Andresen inquired whether or not there was any Council support to waive the fee. Mayor Waldorf said she was personally content to wait until budget discussions to pursue options.

Home Occupations Ordinance

Mayor Waldorf requested that speakers be as concise as possible.

Dean Bidgood said the Home Occupations Committee’s recommendations appeared to support giving Town staff the ability to make decisions on a case-by-case basis. Referencing enforcement difficulties, Mr. Bidgood requested that the Council drop any proposed standards relative to the number of cars permitted at individual homes. He also suggested that the Town encourage voluntary registration of home occupations.

Ceily Chicle said she had been making pottery in her home for more than twenty-five years. Ms. Chicle said she enjoyed her flexible working hours and the option of caring for ill children without having to miss a full day of work. Ms. Chicle requested that the Council not limit the number of parked cars permitted at an individual home.

Nancy Brooks, a violin teacher in the Town for thirty years, stated that most home businesses were viable only in rent-free spaces. She requested that the Council refer the matter to the Manager and Attorney to work up a comprehensive ordinance, including exemptions for small scale businesses and development of standards such as the number of vehicles per week permitted to visit an individual home business.

Stating that it was difficult to imagine that more discussion of the matter would be productive, Council Member Chilton said he wanted to move the Manager’s recommendation with two changes, exempting music education from parking restrictions and that no more than three vehicles be parked on or off-street at any one time.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT ORDINANCE 1a, AS AMENDED.

Council Member Capowski asked whether proposed parking restrictions should be tied to numbers or adjectives. Mr. Karpinos said he had no problem with the use of numbers. Mr. Karpinos said he did have a concern about the use of the word “arts” in the proposed amendment.

Inquiring whether or not activities such as baking bread, making quilts, sewing and alterations, art appreciation classes, selling occasional paintings or professional journal articles would be construed as home occupations, Council Member Evans said she would be happy to send the matter back to the Town Attorney for fine-tuning of language.

Council Member Andresen asked whether or not there was a distinction to be made between home occupations and part-time vocations. Council Member Chilton said there was no clear differentiation between a hobby and an occupation. Council Member Chilton also said he thought that the proposed ordinance reflected a reasonable compromise.

Stating that this matter had been a difficult one for the Council to deal with, Council Member Brown said she was willing to go forward with the proposed amended resolution to see whether or not it was workable.

Council Member Wiggins asked whether there were any emerging problems which necessitated the proposed new ordinance. Council Member Chilton said he was not aware of any such problems.

Council Member Capowski inquired how much consideration the Committee had given to not requiring registration by businesses which had little or no impact. Stating that it was difficult to get a handle on this matter, Council Member Chilton said many businesses were so small that not even their neighbors knew that these businesses were being operated.

Council Member Franck stated that any effort to prohibit signs relative to hobbies or occupations was probably unconstitutional. He suggested changing Section F of the proposed ordinance regarding advertising and the maintenance of regular business hours. This proposed motion died for lack of a second.

Council Member Franck suggested changing the maximum permissible sign size in Section 2 from three to two square feet. Council Member Chilton noted that such a change would not permit signs such as the J. Knox Tate Architect sign on Rosemary Street. Council Member Chilton seconded Council Member Franck’s proposed amendment.

THE PROPOSED AMENDMENT FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS BROWN, CHILTON AND FRANCK VOTING YES.

Council Member Pavao noted that the Committee had attempted to take the vagueness out of the language in the proposed ordinance.

Stating that it was not out of disrespect for the Committee’s hard work, Council Member Capowski said he would vote against the proposed ordinance. Council Member Capowski expressed concern that the proposed ordinance would potentially make the situation relative to home occupations more “squishy” and messy. He also suggested that if the ordinance did not pass, it should be referred back to the Town Attorney for rewording adjustments. Mr. Karpinos said his only wording-related change was to add the words “or similar educational purposes” after the words “art education”. Council Member Chilton said he would be happy to entertain a friendly amendment to put this language back into the proposed ordinance.

Council Member Evans suggested an amendment to refer to the residential, rather than a residential neighborhood, in the proposed ordinance. There was no second for the proposed amendment.

ORDINANCE 1a, AS AMENDED WAS APPROVED BY A VOTE OF 5-4 ON FIRST READING, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CHILTON, PAVAO AND MAYOR WALDORF VOTING AYE AND COUNCIL MEMBERS CAPOWSKI, EVANS, FRANCK AND WIGGINS VOTING NO.

Town Attorney Karpinos noted that a second reading of the ordinance would be required.

Funding/Management of Public Access Programming

Mr. Horton briefly reviewed the alternate resolutions before the Council.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 1A.

Council Member Evans said that most of the citizens she had spoken to were not in favor of being taxed for public access. Mr. Horton noted that the Council could being levying the public access fee before actual service was offered. Council Member Evans said some citizens had also expressed concern about subsidizing the hobby of other persons.

Stating that the citizens with concerns about public access “hobbyists” were technically right, Council Member Capowski said some money was needed to run a public access organization. He stated that the proposed $0.65 per month charge was the funding for this program. Council Member Evans said Time-Warner had to provide equipment and space for public access until sufficient money was in place for other equipment and space. Noting that a modest amount of money was involved, Council Member Capowski said it was desirable for someone other the Town to run public access, due to programming and other concerns. Council Member Evans said public access programming could possibly be enjoyed on a regional basis. Stating that the Town had many overachievers, Council Member Capowski expressed his concurrence.

RESOLUTION 1A WAS APPROVED BY A VOTE OF 8-1, WITH COUNCIL MEMBER EVANS VOTING NO.

A RESOLUTION DIRECTING TIME WARNER CABLE TO BEGIN BILLING CUSTOMERS A PUBLIC ACCESS RATE CHARGE OF 65 CENTS PER MONTH

(96-11-11/R-1a)

BE IT RESOLVED BY THE CHAPEL HILL TOWN COUNCIL that the Council directs Time Warner Cable to begin billing cable television customers of the system based in Chapel Hill a supplemental public access rate charge of 65 cents per month and to remit the revenue from such charges to the Town in accord with the cable television franchise requirements.

BE IT FURTHER RESOLVED that the Council directs that the supplemental public access rate charge not be billed to Cablevision of Durham customers in the Town of Chapel Hill.

This the 11^th day of November, 1996.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 1B.

Council Member Capowski suggested amending Resolution 1b regarding make-up of the proposed committee. Council Member Brown said she believed that most Committee members should be Town residents. She inquired whether or not the Council was open to having language to this effect in the proposed resolution. Council Member Franck said he did not think that the Council would appoint a Committee which did not have a majority of Town residents. Council Member Capowski said applicants could certify their place of residence on application forms.

RESOLUTION 1B, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO ADVERTISE FOR APPLICATIONS FOR APPOINTMENT TO A PUBLIC ACCESS ADVISORY COMMITTEE (96-11-11/R-1b)

BE IT RESOLVED BY THE CHAPEL HILL TOWN COUNCIL that the Council authorizes the Manager to advertise for applications for appointment to a Public Access Advisory Committee.

BE IT FURTHER RESOLVED that the Committee’s responsibilities shall include

1. drafting a request for proposals from non-profit organizations interested in managing public access,

2. reviewing proposals,

3. making recommendations to the Council on selecting an organization and

4. making recommendations on the terms and conditions of a performance contract with a non-profit group.

5. making additional reports and recommendations to the Council from time to time as the committee desires, including reports on the performance of a non-profit organization if one is selected to manage public access.

BE IT FURTHER RESOLVED that applicants for the Committee shall be required to certify their place of residence and that they are not, nor will be a member of an organization and management of public access programming in Chapel Hill

BE IT FURTHER RESOLVED that the Committee members shall have terms of three years and that the number of members of the Committee shall be determined by the Council through its appointment decisions.

This the 11^th day of November, 1996.

Consent Agenda

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT THE CONSENT AGENDA AS PRESENTED.

Council Member Capowski said he had one question regarding the landfill tipping fee item. Council Member Capowski inquired whether or not the University had been offered a matching price when it decided to pull out of its ash dumping agreement with Orange Regional Landfill. Council Member Chilton said he did not believe so. Mr. Horton said the decision of the University to pull out was not necessarily price-driven.

THE CONSENT AGENDA WAS UNANIMOUSLY ADOPTED AS PRESENTED (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(96-11-11/R-3)

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

a. Scheduling breakfast meeting for November 19 (R-4).

b. Change in landfill tipping fees (R-5).

c. Land exchange with Freedom House (R-6).

d. Nominations to Dry Creek Trail Advisory Committee.

e. Approval of Settlement of Village Green greenway litigation (R-7).

f. Habitat for Humanity budget ordinance adjustment (O-3).

This the 11th day of November, 1996.

A RESOLUTION SCHEDULING A MEETING OF THE MAYOR AND COUNCIL ON NOVEMBER 19, 1996 (96-11-11/R-4 )

BE IT RESOLVED by the Chapel Hill Town Council that the Council schedules a meeting with Dr. Gorman Gilbert, Member of the NC Board of Transportation, at 7:30 am on November 19, 1996 in the Council Conference Room on the bottom floor of Town Hall.

This the 11^th day of November, 1996.

A RESOLUTION TO AMEND THE USER FEE POLICY FOR THE ORANGE REGIONAL LANDFILL (96-11-11/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts, beginning on December 1, 1996, the following tipping fees for the Orange Regional Landfill:

Mixed Solid Waste $33 per ton

Construction & Demolition Waste $33 per ton

The tipping fee increases amend the current fiscal year 1996-97 Landfill User Fees policy adopted by the Council on June 10, 1996. The new fees will only become effective if also approved by the Orange County Commissioners and the Carrboro Board of Aldermen.

This the 11th day of November, 1996.

A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY AND EASEMENTS FROM FREEDOM HOUSE INC. BY EXCHANGING TOWN PROPERTY, PAYMENT OF CASH, AND REPLACEMENT OF LANDSCAPE BUFFER (96-11-11/R-6)

WHEREAS, the Council has adopted a Special Use Permit for the Northern Community Park which requires the extension of Stateside Drive; and

WHEREAS, the construction of the extension of Stateside Drive would require the Town to acquire .71 acres of land, a permanent drainage easement, and a temporary construction easement from Freedom House Incorporated; and

WHEREAS, the Town owns a .59 acre portion of the Northern Community Park property which is contiguous to the Freedom House property and which is not needed by the Town; and

WHEREAS, both Freedom House Inc. and the Town would benefit from an exchange of property rather than outright sale; and

WHEREAS, the laws of the State of North Carolina allow such an exchange;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the exchange of a .71 acre parcel of property from Freedom House Inc. for a .59 acre portion of the Town’s Northern Community Park property, a payment of $4,300 in cash, and the use of the Town’s Northern Community Park construction funds, in an amount to be determined by the Town Manager in consultation with Freedom House officials, to replace a landscape buffer within the temporary road construction easement.

This the 11^th day of November 1996.

A RESOLUTION APPROVING SETTLEMENT OF THE BOLIN CREEK GREENWAY LITIGATION WITH VILLAGE GREEN CONDOMINIUMS (96-11-11/R-7)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the settlement of the eminent domain proceeding with Village Green Condominiums et. al for a total payment by the Town of $14,038 is hereby approved.

This the 11^th day of November, 1996.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996” (96-11-11/O-3)

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, 1996” as duly adopted on June 10, 1996 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

Housing Loan Trust Fund $132,125 $45,000 $177,125

ARTICLE II

REVENUES

Fund Balance $ 69,125 $ 5,000 $ 74,125

Program Income $ 50,000 $40,000 $ 90,000

This the 11^th day of November, 1996.

Council Member Brown requested removal of item c from information reports for discussion later in the meeting.

Presentation of Audit Report

John Giberto of McGladrey and Pullen presented an overview of the annual audit report.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT ORDINANCE 4 THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996" (96-11-11/O-4)

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, 1996" as duly adopted on June 10, 1996 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Mayor/Council 163,828 69 163,897

Town Manager 840,921 6,009 846,930

Personnel 445,854 16,141 461,995

Finance 790,725 190,500 981,225

Legal 139,418 4,796 144,214

Planning 740,430 11,298 751,728

Inspections 383,913 0 383,913

Engineering 632,316 9,988 642,304

Public Works 7,155,596 369,657 7,525,253

Police 6,105,247 52,331 6,157,578

Fire 2,786,363 13,148 2,799,511

Parks & Rec. 1,320,501 21,035 1,341,536

Library 1,407,481 12,102 1,419,583

Non-Dept. 3,652,292 95,030 3,747,322

TOTALS 26,564,885 802,104 27,366,989

PUBLIC HOUSING FUND 1,211,439 102,404 1,313,843

LANDFILL FUND 4,936,100 368,268 5,304,368

ON STREET PARKING

FUND 509,000 561 509,561

TRANSPORTATION FUND 5,481,280 5,890 5,487,170

OFF-STREET

PARKING FUND 1,505,872 44,611 1,550,483

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

CAPITAL

IMPROVEMENTS FUND 751,000 852,838 1,603,838

HOUSING LOAN

TRUST FUND 177,125 47,622 224,747 127,122

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 1,120,000 802,104 1,922,104

PUBLIC HOUSING FUND

Fund Balance 61,025 102,404 163,429

LANDFILL FUND

Fund Balance 450,400 368,268 818,668

ON STREET PARKING FUND

Fund Balance 0 561 561

OFF-STREET PARKING FUND

Fund Balance 165,000 44,611 209,611

TRANSPORTATION FUND

Fund Balance 269,094 5,890 274,984

CAPITAL IMPROVEMENTS

FUND

Fund Balance 251,000 777,838 1,028,838

Grants 0 75,000 75,000

HOUSING LOAN TRUST

FUND

Fund Balance 74,125 47,622 121,747

This the 11^th day of November, 1996.

Fire Sprinkler Ordinances

Fire Chief Dan Jones said that the key issues relative to fire sprinklers revolved around cost considerations. He briefly reviewed options a through d, noting that the Manager recommended adoption of Ordinance A. Chief Jones said this alternative afforded the maximum protection to fraternities and sororities in the most expeditious manner.

UNC Student Body President Aaron Nelson requested the Council’s support of Ordinances B, C and D. He stated that Ordinance B incorporated flexibility since it involved a seven-year, rather than a five-year, time horizon.

UNC Student Liaison to the Town Council Brett Perry expressed his concurrence with Mr. Nelson’s remarks. Expressing concern about OWASA’s fees for fire sprinklers, Mr. Perry noted that a citizen’s committee was in process of reviewing OWASA’s overall rate structure, including sprinkler systems. Mr. Perry requested that the Council adopt Ordinance B.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE PUBLIC HEARING (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE B.

Noting that he had a tremendous amount of respect for Chief Jones’ knowledge, Council Member Capowski inquired what would have likely occurred if the Council had adopted Ordinance B a number of years ago. Stating that it was purely conjecture on his part, Chief Jones stated that

it was not possible to know whether or not the occupants of the May 12^th fraternity house fire would have been able to escape if the house had sprinklers or other fire protection/detection devices. He added that Ordinance A would attain the objective of sprinklering houses sooner rather than later. Mr. Horton said although he recommended Ordinance B as an alternative, Ordinance A provided the best overall protection relative to life safety.

Council Member Capowski said he favored the adoption of Ordinance A.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO SUBSTITUTE ORDINANCE A FOR ORDINANCE B.

THE MOTION TO SUBSTITUTE ORDINANCE A FOR ORDINANCE B WAS APPROVED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS ANDRESEN, CAPOWSKI, EVANS, PAVAO, WIGGINS AND MAYOR WALDORF SUPPORTING THE MOTION.

Council Member Brown said although she preferred Ordinance B out of a sense of fairness to students, she would not vote against Ordinance A given her level of tremendous respect for Chief Jones and his staff.

Council Member Franck thanked students for seeing the Town through the process on this matter.

Noting that she had spoken to Ron Binder, the University’s Director of Greek Affairs earlier in the day, Council Member Wiggins said she would vote in favor of Ordinance A. She stated that the fact that all fraternity and sorority houses were owned by national corporations would be

helpful in moving ahead with safety improvement projects within five years. Council Member Wiggins also said she was responding to the consultation and advice of a nationally recognized fire professional, Fire Chief Dan Jones.

Stating that he did not think that the points made by Council Member Wiggins relative to house ownership were necessarily universally true, Council Member Chilton said he would not vote against Ordinance A. Council Member Wiggins said it was possible that a foundation might step in to help houses needing financial assistance.

Stating that Ordinance A would provide two extra years of protection, Mayor Waldorf said she would vote for adoption of Ordinance A.

ORDINANCE A WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II OF THE CHAPEL HILL CODE OF ORDINANCES TO REQUIRE THE INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS IN FRATERNITY AND SORORITY HOUSES (96-11-11/O-5a)

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

Section 1. Article II of Chapter 7 of the Town Code is hereby amended by adding a new Division 4 to read as follows:

"Division 4. Fraternity and Sorority Houses

Sec. 7-39. Application.

This division shall apply to every fraternity and sorority house as hereinafter defined, within the corporate limits of the Town of Chapel Hill.

Sec. 7-40. Definitions.

"Fraternity and Sorority House" under the terms of this division shall mean any building used as a dwelling and occupied by and maintained exclusively or primarily for college, university, or professional school students who are affiliated with a social, honorary, or professional organization recognized currently or in the past by a college, university, or professional school.

Sec. 7-41. Automatic fire sprinklers in fraternity and sorority houses.

An automatic fire sprinkler system meeting the requirements of NFPA Standard #13 or #13R is required to be installed in each fraternity and sorority house in accord with the compliance deadlines in Section 7-42.

In addition, all connections shall be located on the street side of each building, and activation of the sprinkler system shall activate both a local building alarm and a supervisory alarm at a twenty-four (24) hour certified and licensed alarm monitoring service.

Sec. 7-42. Compliance Period.

Existing fraternity and sorority houses shall come into compliance with this Division within five years of its effective date.

If an existing structure is proposed to be converted to use as a fraternity or sorority house, compliance with Sec. 7-41 shall be required prior to issuance of a certificate of occupancy for use as a fraternity or sorority.

If an existing structure is being used as a fraternity or sorority house and renovations at a cost exceeding 50% of structure's taxable value are proposed prior to the date on which compliance with this Division would otherwise be required, compliance with Sec. 7-41 shall be required prior to a new certificate of occupancy being issued following such renovations.

New structures shall be required to comply with the terms of this Division before a certificate of occupancy is issued for use as a fraternity or sorority house.

Sec. 7-43. Automatic Sprinkler System Not to be Disabled.

Upon the occupancy of any new structure as a fraternity or sorority house or upon the completion of the installation of an automatic fire sprinkler system in an existing fraternity or sorority house, no person shall shut off or disable such automatic fire sprinkler system and no owner or resident of such house shall fail to prevent the shutting off or disabling of such a system. Provided, however, that a sprinkler system may be shut off in order to perform maintenance work on the system during the time that qualified maintenance personnel are on the premises performing necessary maintenance work. Such maintenance work shall only be conducted after notice to and approval by the Town Fire Department.

Sec. 7-44. Penalties.

a. Criminal penalties. Violation of any provision of this Division shall be a misdemeanor and shall be subject to a fine of $500 or imprisonment for not more than 30 days.

b. Civil enforcement. This Division may be enforced by civil penalty or appropriate equitable remedy as may be authorized by applicable N.C. General Statutes, including but not limited to G.S. Sec. 160A-175, G.S. Sec. 160A-432 and G.S. Sec. 143-139.

Section 2. This ordinance shall be in addition to any other requirements for sprinkler systems or other fire protection systems required by law or Town ordinance. Where this ordinance and any other other law or ordinance apply, the more restrictive provisions shall be enforced.

This the 11th day of November, 1996.

COUNCIL MEMBER PAVAO MOVED THE ADOPTION OF ORDINANCE C.

Council Member Andresen initially seconded the motion and then withdrew her second.

Noting that she supported Ordinance C, Mayor Waldorf said she was unable to second the motion given her capacity as presiding officer.

Council Member Chilton inquired how many existing structures met the threshold outlined in the proposed ordinance. Mr. Horton said he was not aware of any such structures. Council Member Evans suggested that two auxiliary residences associated with the Tri Delta Sorority met the threshold. Mr. Horton said these were not auxiliary residences.

Council Member Franck said he did not expect the proposed ordinance to be very controversial since it involved dwellings of 2,500 square feet or less. Council Member Capowski inquired about the Fire Chief’s position on this matter.

Chief Jones said this ordinance was offered in response to a request by the Council. He noted that from a life hazard standpoint, such structures should be sprinklered. Council Member Capowski asked whether this standard would apply to existing buildings. Aaron Nelson said he believed that there was a very small house behind the Tri-Sigma Sorority house. Council Member Evans inquired why the auxiliary houses at Tri-Delta would not be covered by the proposed ordinance.

Chief Jones said the primary intent was to develop an ordinance for the main houses themselves. Mr. Horton said it would be reasonable for the Council to make a specific exclusion.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO SUBSTITUTE ORDINANCE D FOR ORDINANCE C. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS EVANS AND FRANCK VOTING NO.

Mayor Waldorf noted that Ordinance D was on the floor for discussion and consideration.

Council Member Capowski asked whether or not it was reasonable for the Manager to grant exemptions. Mr. Horton said he preferred that the Council adopt Ordinance D.

ORDINANCE D WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II OF THE CHAPEL HILL CODE OF ORDINANCES TO REQUIRE THE INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS IN FRATERNITY AND SORORITY HOUSES (96-11-11/O-5d)

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

Section 1. Division 4 of Article II of Chapter 7 of the Town Code is hereby amended by adding a new section to read as follows:

Sec. 7-42.2. Exemption for certain detached, secondary buildings

Existing fraternities and sorority buildings are exempt from Section 7-42 if they meet the following conditions:

1. have no more than 1,000 square feet of floor area and are not directly connected to the main building used for sleeping

2. have no facilities used for sleeping

3. have a supervised automatic alarm system is installed throughout the building and the alarm system (1) meets applicable National Fire Protection Association standards, (2) includes manual alarm pull stations on each level of the building, and (3) is interconnected to the alarm system of the building with sleeping facilities.

This the 11th day of November, 1996.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO PLACE ORDINANCE C BACK ON THE TABLE FOR CONSIDERATION.

Council Member Brown moved that Ordinance C be placed back on the table for consideration.

Mayor Waldorf said it appeared that there might be one or two buildings which the proposed ordinance applied to. Council Member Chilton said it was not clear whether this ordinance might affect smaller houses. Council Member Capowski said he agreed with Chief Jones that any fraternity or sorority houses with people sleeping in them should be sprinklered. Council Member Andresen called the question.

ORDINANCE C FAILED TO PASS BY A VOTE OF 4-5, WITH COUNCIL MEMBERS BROWN, CHILTON, EVANS AND FRANCK SUPPORTING THE MOTION.

Sprinkler Requirements for Future Development of Non-residential Buildings and Residential Buildings of Four or More Units

Chief Jones briefly reviewed the four options relative to sprinklering of non-residential and larger (four units or more) non-residential buildings. He said that the Manager recommended the adoption of Ordinances C and F.

Council Member Andresen asked why staff was recommending a minimum standard of 6,000 square feet for non-residential buildings. Chief Jones said that the Town did not want to place an undue burden on small businesses. He added that the standard was based on a rather complicated fire flow formula. Council Member Andresen asked whether the Cameron’s store at University Mall would have fit under such an exemption. Chief Jones said no, noting that this store would be considered as a part of University Mall for purposes of the proposed ordinance.

Mayor Waldorf requested a clarification regarding town homes under the proposed ordinance. Chief Jones said specific determinations relative to townhomes would be made relative to the specific type of construction involved. Noting that a fair number of apartments such as those on Airport Road would need to be rehabbed in the future, Council Member Evans inquired what dollar value would trigger the proposed new standards. Mr. Horton said this would be tied to the value of the property at the time of rehabilitation, rather than the original property value. Council Member Evans inquired whether the proposed standard would prevent some persons from rehabilitating older buildings. Mr. Horton said this was unlikely since most rehabilitation projects would be far below the fifty percent triggering threshold.

Council Member Chilton inquired about the potential future impact of adopting a three unit standard. Mr. Horton said one possibility was that there would be more duplex units. He added that from a fire safety standpoint it was desirable to have duplexes in many instances, given the limitation of fire spread. Council Member Chilton noted that some builders might choose to put fire walls between units, rather than sprinklering them.

Council Member Capowski noted that the Durham-Chapel Hill Homebuilders Association had expressed their support for the proposed ordinances.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT ORDINANCE 6C. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 7 OF THE TOWN CODE REGARDING REQUIREMENTS FOR AUTOMATIC FIRE SPRINKLER SYSTEMS IN NEW CONSTRUCTION, ADDITIONS AND RENOVATIONS (96-11-11/O-6c)

BE IT ORDAINED by the Council of the Town of Chapel Hill that:

Section 1. the Council hereby amends Article II of Chapter 7 of the Code of Ordinances by adding a new Division 5 to read as follows:

DIVISION 5. Sprinkler requirements- multi-family residential.

Sec. 7-48. Application.

This division shall apply to new construction, additions and renovations of buildings which are within the corporate limits of the Town of Chapel Hill.

Sec. 7-49. (Reserved).

Sec. 7-50. Automatic fire sprinklers required.

An automatic fire sprinkler system meeting the requirements of NFPA Standard #13 or #13R is required to be installed in new multi-family construction, renovations and additions as follows.

1. in all new multi-family residential structures of three or more attached housing units if:

a) the building has more than 6,000 square feet of floor area, or

b) 20% or more of the total floor area is more than 200 feet of travel distance from the nearest access point for a fire truck, or

c) the building exceeds two stories or 24 feet in height from the average grade of the lot to the windows on the topmost occupied floor.

2. in any structural building addition at a cost greater than 50% of the building’s value. Sprinklers are required in the added area but not in the original part of the building.

3. in the entirety of a multi-family building which is

a) renovated at a cost greater than 50% of value

b) damaged and rebuilt at a cost greater than 50% of value.

Sec. 7-51. Automatic Sprinkler System Not to be Disabled.

Upon the occupancy of any new, renovated or expanded structure subject to this Division, no person shall shut off or disable such automatic fire sprinkler system and no owner or resident of such building shall fail to prevent the shutting off or disabling of such a system. Provided, however, that a sprinkler system may be shut off in order to perform maintenance work on the system during the time that qualified maintenance personnel are on the premises performing necessary maintenance work. Such maintenance work shall only be conducted after notice to and approval by the Town Fire Department.

Sec. 7-52. Penalties.

a. Criminal penalties. Violation of any provision of this Division shall be a misdemeanor and shall be subject to a fine of $500 or imprisonment for not more than 30 days.

b. Civil enforcement. This ordinance may be enforced by civil penalty or appropriate equitable remedy as may be authorized by applicable N.C. General Statutes, including but not limited to G.S. Sec. 160A-175, G.S. Sec. 160A-432 and G.S. Sec. 143-139.

Section 2. This ordinance shall be in addition to any other requirements for sprinkler system or other fire protection systems required by law or Town ordinance. Where this ordinance and any other law or ordinance apply, the more restrictive provisions shall be enforced.

Section 3. This ordinance shall be effective upon adoption.

This the 11^th day of November, 1996.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT ORDINANCE F. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 7 OF THE TOWN CODE REGARDING REQUIREMENTS FOR AUTOMATIC FIRE SPRINKLER SYSTEMS IN NEW CONSTRUCTION, ADDITIONS AND RENOVATIONS (96-11-11/O-6f)

BE IT ORDAINED by the Council of the Town of Chapel Hill that:

Section 1. the Council hereby amends Article II of Chapter 7 of the Code of Ordinances by adding a new Division 6 to read as follows:

DIVISION 6. Sprinkler requirements-non-residential.

Sec. 7-54. Application.

This division shall apply to new construction, additions and renovations of buildings which are within the corporate limits of the Town of Chapel Hill.

Sec. 7-55. (Reserved)

Sec. 7-56. Automatic fire sprinklers required.

An automatic fire sprinkler system meeting the requirements of NFPA Standard #13 or #13R is required to be installed in non-residential construction, as follows.

1. In new non-residential structures if:

a) the building has more than 6,000 square feet of floor area, or

b) 20% or more of the total floor area is more than 200 feet of travel distance from the nearest access point for a fire truck, or

c) the building exceeds two stories or 24 feet in height from the average grade of the lot to the windows on the topmost occupied floor.

2. In a structural addition to a non-residential building if the cost of the addition exceeds 50% of the value of the building. Sprinklers shall be required in the addition.

3. In a non-residential building which is either renovated at a cost greater than 50% of value or which is damaged and rebuilt at a cost greater than 50% of value.

Sec. 7-57. Automatic Sprinkler System Not to be Disabled.

Sec. 7-58. Penalties.

a. Criminal penalties. Violation of any provision of this Division shall be a misdemeanor and shall be subject to a fine of $500 or imprisonment for not more than 30 days.

Section 3. This ordinance shall be effective upon adoption.

This the 11^th day of November, 1996.

Proposed Kent Woodlands Subdivision

Persons wishing to give testimony in the matter were sworn by the Town Clerk.

Planning Director Roger Waldon presented an overview of the item before the Council. He noted that the Manager recommended the adoption of Resolution A and the extension of Nuttree Lane into the property. Mr. Waldon also stated that staff believed that a number of topics for discussion needed to be handled between private parties. He noted that the applicant had offered to reserve a lot for future recreation purposes.

Mayor Waldorf inquired about the status of the Town of Carrboro’s review of the application. Mr. Waldon said it was possible that the Town of Carrboro would have a hearing in the Spring of 1997, followed by possible action in late spring.

Mr. Waldon noted that the some of the possible stipulations lay outside of the Town’s regulatory purview. Council Member Andresen suggested the possibility of asking the developer under oath whether or not they were willing to do these things. Mr. Waldon said the Council could certainly ask the developer.

Council Member Brown requested additional information regarding a proposed stubout to the south. Mr. Waldon said staff was recommending this stubout to ensure an orderly network of streets when the area to the south of the proposed Kent Woodlands was developed. Council Member Capowski inquired about the proposed western stubout. Mr. Waldon showed the proposed locations of the proposed southern and western stubouts. Council Member Evans inquired which lot was reserved for recreation. Mr. Waldon said lot number fifty-two.

Phil Post, representing the applicant, Carol Ann Zinn, said he had heard a number of concerns from Cobble Ridge subdivision residents regarding construction traffic access. He stated that an estimated average of ten to twelve larger trucks per day would access the site. Mr. Post stated that one way to reduce the number of truck trips would be chip some wood wastes on site, rather than hauling it away. He said that other safety-related suggestions were to install signage off Culbreth Road indicating “Children at Play”, installing some temporary speed bumps, hiring a child safety monitor for after school time and paying for 75% of the costs of sidewalk installation along Nuttree Lane. Mr. Post said the applicant requested that the Council adopt Resolution A.

Janet Bierenbaum, a resident of Cobble Ridge subdivision, said she and her family found Covle Ridge to be a safe and secure place in which to raise children. Ms. Bierenbaum implored the Council not to approve the entrance of Cobble Ridge subdivision for construction access to the proposed Kent Woodlands subdivision. She stated that the Kent Woodlands development should have a separate construction entrance and expressed her opposition to the proposed southern stubout. Ms. Bierenbaum also expressed concern that Ms. Zinn was not living up to her promise to Cobble Ridge residents that the Carrboro portion of the Kent Woodlands project would be completed first.

Keith Silva said that the Kent Woodlands proposal in its entirety was desirable. Mr. Silva urged the Council to postpone approval of the development until the Town of Carrboro approved its portion of the proposed subdivision. Mr. Silva said it appeared that the real reason for the delay in the Town of Carrboro’s review process was that the developer had not provided necessary information in a timely manner. He also said it appeared that the developer was not serious about the Carrboro portion of the development. Mr. Silva requested that Kent Woodlands be developed using its own separate construction entrance.

Kevin Eller, 206 Cobble Ridge Drive, said that the applicant was choosing not to honor a commitment of January, 1996 to the Cobble Ridge Homeowners Association regarding access to the proposed Kent Woodlands subdivision. He stated that most homeowners in Cobble Ridge had purchased their homes with the belief that Cobble Ridge would have its own entrance off Culbreth Road. Mr. Eller said the cost of Kent Woodlands constructing its own entry road was feasible and would cost about $80,000 or about $1,500 per lot.

Anne Henley stated that Cobble Ridge homeowners had carefully inquired about Nuttree Lane. She said it was a reasonable presumption that the Kent Woodlands would have a entrance from Culbreth Road in Carrboro. Ms. Henley also said she was concerned about the applicant’s apparent non-compliance with the Town of Carrboro’s development requirements relative to the proposed subdivision. She stated that it would not be in the best interest of Cobble Ridge residents, future homeowners in Kent Woodlands or Town residents in general to approve the proposed Kent Woodlands with the first phase being constructed in Chapel Hill. Ms. Henley requested that the Council consider Cobble Ridge’s request to delay approval of the development so that the two towns could work together on the proposal and insure the integrity of neighborhoods in the Town.

Mayor Waldorf inquired about the status of information submitted to the Town of Carrboro.

Mr. Post said about a year ago it appeared that the Carrboro portion of the proposal would be completed a little more quickly than the Chapel Hill portion. He added that after the applications were submitted, it became clear that the Chapel Hill portion would move more quickly through the process than the Carrboro portion.

Council Member Evans asked Town Attorney Karpinos if the Council would put itself in a legal predicament if the matter were postponed. Mr. Karpinos said this would depend upon the length of the postponement. He said there would be serious ramifications if the Town waited until the Town of Carrboro acted on the proposal. Mr. Karpinos also stated that the request needed to be considered in due course as to whether or not the proposal met Town requirements.

Noting that the Council had no power to require the applicant to develop the property from the Culbreth Road sides. Council Member Chilton asked Ms. Zinn whether or not she would voluntarily be willing to develop the Carrboro side of the proposed development first. Ms. Zinn said after Kent Woodlands was approved by the Town of Carrboro or Chapel Hill, it would take another two to five months to approve construction drawings. Ms. Zinn added that the Town of Carrboro’s zoning administrator had indicated that project review would take a long period of time due to the large number of development projects for review and understaffing of the Carrboro Planning Department. Ms. Zinn also said she believed that construction of the Chapel Hill portion of the project would be far ahead of the Carrboro portion. Council Member Chilton asked how heavily committed Ms. Zinn was to building the Chapel Hill portion of the development. Ms. Zinn said phasing of the development was integrally tied to bank financing of the project. She noted that banks needed a certain track record of home sales before it would release funds for the next phase of infrastructure.

Council Member Chilton inquired why it matters which section of the development was built first.

Phil Post said it was evident that the Chapel Hill side of the development would be started first.

He added that phase two of the proposed development would be totally accessed from Culbreth Road. Council Member Chilton inquired about the cost of providing alternative access to the site. Mr. Post said there was no way under Carrboro or Town regulations to cut a single tree on the other side of the line without that jurisdiction’s approval.

Council Member Andresen said that her primary concern relative to the proposal was safety. She stated that the Cobble Ridge subdivision had no sidewalks and very narrow streets. Stating that the applicant had done a good job of being creative, Council Member Andresen said it nonetheless appeared that safety concerns had not been adequately addressed. She suggested that the matter be referred back to staff until a connection to Culbreth Road could be established or until Town staff could address potential safety hazards.

Council Member Brown said she had a number of concerns relative to the Development Ordinance and Comprehensive Plan.

Council Member Capowski inquired who would be the decisionmaker on whether traffic could cut through if the Council approved the proposed southern stubout associated with the proposed development. Mr. Waldon said some parts would be approved by the adjoining property owner and by the Town of Carrboro.

Council Member Wiggins inquired about the possibility of asking the applicant to confirm their proposals relative to safety as part of the public hearing. Noting that she had driven out to the Cobble Ridge area, Council Member Wiggins stated that streets in the area were very narrow and that a number of children played in area streets. She inquired how long the applicant was proposing to use Nuttree Lane for construction access. Mr. Post said it was a little difficult to pin down a specific timeframe. He stated that it would take about five or six months to install infrastructure, while it was not possible to outline a specific timeframe for house construction.

Council Member Wiggins inquired how long the proposed crossing monitor would be in place.

Mr. Post said the monitor would be in place during the home construction phase. Council Member Wiggins asked whether the applicant was willing to figure out a monitor schedule which would satisfy area residents. Ms. Zinn said she wanted to work with Cobble Ridge residents.

Council Member Andresen asked whether or not Ms. Zinn would commit to having a crossing monitor. Ms. Zinn said although she would like to do so, she would need to research liability and insurance-related matters.

Mayor Waldorf said she was intrigued by Ms. Zinn’s proposal to pay for 75% of sidewalk costs along Nuttree Lane. Ms. Zinn said that there were only four or five houses on this street and she was not locked into 75%. Ms.Zinn added that she had not lied to Cobble Ridge residents in January about her plans. Ms. Zinn said she had told them what she thought would occur relative to the proposed development.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Council Member Brown said she thought that neighbors of the proposed development had a number of legitimate concerns which needed to be addressed, including significant traffic matters which were in conflict with sections of the Development Ordinance and Comprehensive Plan.

Council Member Brown said it would be desirable to find alternatives to having a construction access road through Cobble Ridge subdivision into the proposed Kent Woodlands development.

Council Member Capowski said there was no way to put construction traffic or pick-up trucks on these narrow roadways. Council Member Capowski also stated that due to safety concerns he would not be able to vote to support Kent Woodlands as long as construction traffic was proposed along Nuttree Lane. Council Member Capowski said he did not know the best way to handle the matter administratively.

Council Member Evans requested the Town Attorney’s opinion about the legality of the Council denying the developer access to a road through a stubout if the parcels of land were divided into four. Mr. Karpinos suggested that discussions could possibly take place between the developer and neighbors relative to the proposed safety monitor. Mr. Karpinos added that he would talk to the Council about the matter raised by Council Member Evans in closed session at some point in the future.

COUNCIL MEMBER FRANCK MOVED THE ADOPTION OF RESOLUTION A. THE MOTION DIED FOR LACK OF A SECOND.

COUNCIL MEMBER CHILTON MOVED TO REFER THE MATTER BACK TO TOWN STAFF, IN ANTICIPATION OF CLARIFICATION OF DETAILS ABOUT PROPOSED TRAFFIC REGULATION, SAFETY HAZARDS RELATIVE TO CONSTRUCTION TRAFFIC AND CLARIFICATION OF THE APPLICANT’S OTHER PROPOSALS.

Council Member Pavao asked whether this included the applicant’s sidewalk proposal. Council Member Chilton said this was correct.

COUNCIL MEMBER ANDRESEN SECONDED THE MOTION.

Mayor Waldorf noted that the applicant and the Cobble Ridge neighbors could confer before the matter came back before the Council. Mr. Horton noted that the proposed return date for the matter would be December 4^th. Council Member Andresen said she would like to see alternatives for a stubout.

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

Hunt’s Reserve Special Use Permit Application

Planning Director Roger Waldon presented an overview of the application.

Jeff Barry, President of the Woods Subdivision Homeowners Association, said that he and Ms.

Brown had met to try to resolve concerns about roads and access.

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

Stating that she thought the proposed development was a great one, Council Member Andresen said she wanted to plug the idea of sidewalks in the development as a means of promoting walking in the area.

COUNCIL MEMBER CHILTON MOVED THE ADOPTION OF RESOLUTION A, ADDING ON PAGE 5 THAT CUL DE SACS WOULD BE 24 FEET WIDE AND OTHER STREETS WOULD BE 27 FEET WIDE AND ELIMINATING SECTION B. COUNCIL MEMBER EVANS SECONDED THE MOTION.

Council Member Evans noted that the Planning Board had unanimously (8-0) opposed sidewalks.

Sally Brown said she accepted the proposed conditions of approval. She noted that the road asigns referenced in condition number seventeen were already in place. Ms. Brown also stated that she would appreciate the Council voting for no sidewalks.

Council Member Chilton requested a clarification regarding stop signs. Mr. Karpinos said the condition in question could be deleted since the signs were already in place.

Council Member Andresen asked why 27-foot streets were being proposed. Mr. Waldon said this was intended to accommodate any on-street parking which might occur. Council Member Andresen inquired why five-foot sidewalks were suggested. Mr. Karpinos said this was the standard width.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO AMEND THE MOTION TO REQUIRE THREE FOOT WIDE SIDEWALKS.

Stating that the proposed subdivision would have large homes on large lots with large garages,

Council Member Evans said the amount of clearing even for three-foot wide sidewalks was unnecessary.

THE PROPOSED AMENDMENT FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS ANDRESEN, FRANCK AND MAYOR WALDORF VOTING YES.

Council Member Brown inquired about the maintenance of the private road. Sally Brown said an agreement had been reached with area homeowners wherein roads would be returned to their original condition following completion of building of the Hunt’s Reserve development. Mr. Karpinos noted that the Town had the option of whether or not to accept a private road for maintenance.

Mr. Horton said staff had determined that the stop signs previously installed would not meet the Town’s normal stop sign standards. He stated that the applicant would need to make adjustments to meet these requirements. Sally Brown said area residents preferred wooden stop signs, rather than standard red stop signs. Mr. Horton said the Town could not recommend acceptance of this section of street with these signs in place.

RESOLUTION A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR HUNT'S RESERVE - PLANNED DEVELOPMENT - HOUSING (SUP 66..8, 8B and 66A..19)

(96-11-11/R-10a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Ms. Sally Brown for Marin Development, on property identified as Chapel Hill Township Tax Map 66, Lot 8 and 8B and Tax Map 66A, Lot 19 if developed according to the site plan dated March 22 1996, and marked “Received June 11, 1996,” and the conditions listed below:

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

2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations;

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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit for Hunt's Reserve Planned Development-Housing in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. A. That construction begin by November 11, 1998 (two years from the date of Council approval) approval and be completed by November 11, 1999 (three years from the date of Council approval).

B. That the approval allows 36 single-family dwelling units on individual lots.

C. That at least two parking spaces shall be provided upon each individual lot once a dwelling unit has been constructed.

Required Improvements:

A. That the proposed streets be constructed to public street standards, with a 24-foot back-to-back cross-section for cul-de-sacs and 27 feet for other streets. A 30 inch rolled curb may be provided if it can be satisfactorily demonstrated to the Town Manager through engineering calculations that adequate street drainage capacity and routing capabilities are provided to protect public and private property. A 50-foot public right-of-way shall be dedicated.

B. That the streets be maintained by the Homeowners' Association until such time as the property is annexed into the Town.

C. Deleted.

3. Steep Slopes: That a Steep Slopes plan be submitted for lots where building is proposed on land sloped 15% or more, committing to specialized building foundations and construction techniques. The Steep Slopes Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. These restrictions shall be referenced in the Homeowners' Association documents.

Stipulations Related to Recreation Area

4. Dedication of Recreation Area: That at the time of final plat recordation, the Recreation Space shall be deeded to the Homeowners' Association for Parks and Recreation purposes only. The deed book and page number shall be referenced on the final plat. The developer remains responsible for the recreation space until the Town or a Homeowners' Association accepts the property.

Stipulations Related to Landscape Elements

5. Landscape Plan Approval: That a detailed landscape plan (including the buffer plantings) and landscape maintenance plan be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall include:

Type "B" landscape buffer along the southern and western property lines. Generally, the landscape buffer shall not be provided on individual lots but shall be provided on common area controlled by the Homeowners' Association. However, the Town Manager may approve buffers on individual lots on a case by case basis, prior to final review by the Appearance Commission, prior to issuance of Zoning Compliance Permit, and prior to recordation of the final plat.

Existing vegetation and/or fencing may be used, partially or wholly, to fulfill the buffer planting requirements, where deemed sufficient by the Town Manager.

6. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

7. Fire Flow: That a detailed fire flow report be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, to be approved prior to issuance of a Zoning Compliance Permit.

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

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

10. Utility/Lighting Plan Approval: That a water and sewer extension plan be submitted for approval by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.

That the final detailed utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Southern Bell, Public Service Company, the appropriate cable company, and the Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.

Miscellaneous Stipulations

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

12. No curb side refuse collection for lots with steep slopes: That a note be included in the final plat that upon annexation curb side refuse collection may be required by the Town for lots with steep driveways.

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

14. Homeowners' Association: That a Homeowners' Association be created that has the capacity to place a lien on the property of a member who does not pay the charges for maintenance of common areas, however designated. The Homeowners' Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross referenced on the final plat.

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

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

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

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

18. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

19. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number, and a telephone number for regulatory information prior to issuance of a Zoning Compliance Permit.

20. Erosion Control: That a detailed soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

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

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

23. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

This the 11th day of November, 1996.

Rosemary Street/Sunset Drive Parking Lot

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS , TO ADOPT RESOLUTION 11. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DENYING A ZONING ATLAS AMENDMENT (96-11-11/R-11)

WHEREAS, the Council of the Town of Chapel Hill has considered an amendment to the Zoning Atlas to rezone property described below from Residential-3 to Town Center-2 zoning, and finds that the requested rezoning does not achieve the purposes of the Comprehensive Plan of the Town of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED BY THE Council of the Town of Chapel Hill that the Council hereby denies an amendment to the Chapel Hill Zoning Atlas to rezone that property identified as Chapel Hill Township Tax Map 93, Block L, Lot 18 located near the northeast corner of West Rosemary Street and Sunset Drive.

BE IT FURTHER RESOLVED that the Council calls a public hearing for January 22, 1997 to consider an amendment to the Development Ordinance to create parallel Conditional Use Districts for the Town Center-1 and Town Center-2 zoning districts, and to consider potential applications for a conditional use rezoning and special use permit for the property.

This the 11^th day of November, 1996.

The meeting stood adjourned at 10:44 p.m.