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

TOWN OF CHAPEL HILL, WEDNESDAY, DECEMBER 4, 1996 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order.  Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavao and Edith Wiggins.  Council Member Julie Andresen was absent excused.  Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller,  Development Coordinator Jennie Bob Culpepper, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

There were no ceremonies.

 

Item 2  Public Hearing on Proposed Pavilion Development

 

Persons wishing to testify in the matter were sworn.

 

Development Coordinator Jennie Bob Culpepper presented an overview of the applicant’s proposal, including proposed arrangements for project parking and a transportation management plan.

 

Jack Berman, an original project investor, said the proposal would help to rebuild the Town’s center.  Mr. Berman urged the Council to approve the proposed project.

 

Antoine Puech, representing West Franklin Partners, said that there were a total of eighty-seven partners, most of whom were local citizens.  Expressing thanks to the Council and staff for their assistance with expedited project review, Mr. Puech said any proposal for a payment-in-lieu for parking would make the project economically unviable.

 

Richard Gurlitz said the building proposed by West Franklin Street Partners had been planned and designed to become an integral part of the downtown area.

 

Jeff Tsipis, owner of BW-3 restaurant, said he believed that the proposed project would help to bring additional business to the downtown area.

 

Planning Board Chair Mary Reeb said that the Board’s principal concerns were about parking.  She noted that the optimum solution was probably the one being suggested by the applicant and Town staff.

 

Council Member Franck inquired about the viability of the applicant providing an additional five feet of right-of-way for streetscape without impacting the proposed number of parking spaces.  Mr. Horton said he did not believe that this was physically possible.

 

Council Member Capowski inquired about parking space arrangements.  Mr. Horton said the applicant was proposing to provide fifty parking spaces off-site, within twelve hundred feet of the proposed project.  Mr. Horton said that staff  felt that this was a reasonable arrangement.  Mayor Waldorf inquired what leverage the Town had to ensure the applicant’s ongoing compliance with parking space requirements.  Mr. Horton said that if applicants were found to be in non-compliance with stipulations, remedies could include initiating a civil suit or attempting to revoke the applicant’s special use permit.   Council Member Capowski inquired whether or not the applicant’s proposal would hinder any future use of parking lot number five.  Mr. Horton said staff could include detail on this matter in its follow-up report to the Council.

 

Council Member Brown inquired about the relative extent of twelve hundred feet.  Mr. Horton stated that the one hundred block of West Franklin Street was about eleven hundred feet long.

 

Council Member Evans asked whether or not the applicant could make a payment in lieu for parking spaces at a later date.  Mr. Horton said this would be permissible if there were such an option in the applicant’s transportation management plan.  Mr. Karpinos said it would otherwise be necessary to modify the special use permit in the future.  Council Member Brown inquired whether the fifty parking spaces were intended for use by building employees.  Mr. Horton said the applicant was proposing that the spaces be used by employees or users of the proposed building.

 

Council Member Brown requested that staff define the term “open space”.    Ms. Culpepper said this definition was quite broad, especially in the downtown area, generally referring to any area without a roof over it.

 

Council Member Brown requested that staff provide a more detailed analysis of  parking space needs for the proposed project and the need for additional metered parking spaces.  She also requested that the staff’s follow-up report on solid waste prevention and reduction, including whether a compactor would be useful in this area.

 

Council Member Evans asked whether or not staff could make “back of the envelope” estimates of  sales tax revenues and other fiscal impacts of the proposed project.  Mr. Horton said the applicant might be able to provide such estimates.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO RECESS THE HEARING TO JANUARY 13, 1997.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 3  Petitions

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER A PETITION TO STAFF REGARDING A REQUEST FOR EXPEDITED DEVELOPMENT REVIEW FOR THE PROPOSED SOUTHERN VILLAGE ELEMENTARY SCHOOL.  THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

 

Transportation Board Chairperson Ruby Sinreich said a number of citizens, including members of the Planning and Transportation Boards, were interested in working on an update to the Town’s Comprehensive Plan relative to zoning for large mixed-use projects.  She requested that the Council to establish a commission to examine alternative planning and zoning methods.

 

Council Member Franck said it made sense for the Council to discuss this matter at its planning retreat in January, 1997.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON,

TO SCHEDULE THE ITEM FOR DISCUSSION AT THE COUNCIL’S JANUARY 18TH PLANNING RETREAT.

 

Council Member Evans said it would be desirable for the staff’s follow-up report to contain information about impacts on staffing and related matters.  Mayor Waldorf said it was always all right for the Council to have discussions about whether or not staff should take on additional workload.  Council Member Chilton said he was receptive to receiving staff comments on staffing and other matters. 

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REQUEST THAT STAFF PREPARE A REPORT ON THE RECENT FEDERAL COURT DECISION REGARDING NEWSPAPER RACKS ON RIGHTS-OF-WAY AND SIDEWALKS.

 

Mayor Waldorf inquired about the nature of Council Member Evans’ concerns.  Council Member Evans said she was inquiring whether or not newspaper racks could be contained in a more sightly way, in locations such as the one near Mondo Bistro restaurant on West Franklin Street.

 

THE MOTION TO REFER WAS APPROVED BY A VOTE OF 7-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

 

Referencing the Council’s earlier discussion regarding parking spaces in the downtown area, Council Member Capowski requested  that the Council revisit the matter of payments-in-lieu for parking spaces.  He requested that the Council refer the matter to the Manager for initial comments.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO THE MANAGER FOR INITIAL COMMENTS REGARDING PARKING SPACE  PAYMENTS-IN-LIEU AND OTHER ALTERNATIVES TO TRANSPORTATION MANAGEMENT PLANS.

 

Council Member Chilton inquired whether or not $7,200 was a general estimate of the cost per parking space.  Mr. Horton said that while this was a general estimate, some spaces would cost less while others would cost more. 

 

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

Mayor Waldorf thanked the Downtown Commission, the Village Companies, Chapel Hill-Carrboro Chamber of Commerce and other organizations and individuals responsible for coordinating holiday decorations in the downtown area.

 

Item 4.1  Consent Agenda

 

Council Member Capowski requested the removal of items e and n for discussion later in the meeting.

 

Council Member Chilton noted that persons interested in serving on the Land Trust Implementation Task Force regarding affordable housing, especially persons with backgrounds in finance or development, could obtain applications from the Town Clerk’s Office.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 1, THE CONSENT AGENDA, EXCEPTING ITEMS E AND N.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(96-12-4/R-1)

 

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

 

a.      Minutes of September 10, 18, 24, October 3, 7, 21 and 22, 1996.

b.     Change in Library budget (R-1.1, O-1).

c.      Change in Landfill budget (O-2).

d.     Rescheduling of April 21st public hearing to April 23rd due to holidays (R-2).

e.      Fire protection agreement for Winter Drive and Meadow Lane (south of present Town limits) (R-3).

f.       Agreement with the N.C. Department of Transportation regarding rights-of-way and easements (R-4).

g.      Deleted.

h.      Memorandum of understanding with the University and Town of Carrboro for transit services (R-6).

i.        Report on use of public housing renovation grants (for submittal to the U.S. Department of Housing and Urban Development) (R-7).

j.       Requesting State assistance in a drainage study of Bolin Creek (R-8).

k.     Authorizing appointment of a Land Trust Implementation Task Force (R-9).

l.        Technical correction to fire sprinkler ordinance (O-2.1).

m.    Referral of proposed ordinance to public housing residents, Resident’s Council and Housing and Community Development Advisory Board (R-9.1).

n.      Nominations to Public Access Advisory Committee.

 

This the 4th day of December, 1996.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996" (96-12-4/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, 1996" as duly adopted on June 10, 1996 be and the same is hereby amended as follows:

 

                                                                     ARTICLE I

 

APPROPRIATIONS               CURRENT                                                                      REVISED

                                                  BUDGET           INCREASE             DECREASE        BUDGET

 

GENERAL FUND

LIBRARY                                $ 1,419,583           $   21,115                                      $  1,440,648

 

ARTICLE II

 

REVENUES

 

GENERAL FUND

GRANTS                                 $ 790,300             $   21,115                                      $     811,415

 

This the 4th day of December, 1996.

 

A RESOLUTION ACCEPTING ORANGE COUNTY’S LIBRARY APPROPRIATION OF $195,000 AND A LIBRARY SERVICE AND CONSTRUCTION ACT TITLE I GRANT FOR $6,000  (96-12-4/R-1.1)

 

WHEREAS, the Town of Chapel Hill approved a library budget for 1996-97 that included a $175,000 appropriation from Orange County and a Library Service and Construction Act Title I grant for $4,885; and

 

WHEREAS, the Town of Chapel Hill has received a County appropriation for $195,000 and a Library Service and Construction Act Title I grant for $6,000; and

 

WHEREAS, the additional money was requested and awarded to purchase additional library materials. 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council accepts Orange County’s appropriation of $195,000 and the Library Service and Construction Act Title I grant for $6,000.

 

This the 4th day of December, 1996.

 

AN ORDINANCE TO AMEND THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996 (96-12-4/O-2)

 

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

 

   LANDFILL FUND                    5,304,368                                        17,000                 5,287,368

 

  GENERAL FUND

         Public Works                       7,525,253               26,000                                           7,551,253

         Non-Departmental

            Contingency                           40,578                                        26,000                      14,578

 

ARTICLE II

 

                                                      Current                                                                         Revised

REVENUES                                  Budget                Increase              Decrease                Budget

 

LANDFILL FUND

         Tipping Fees                         3,479,000                                      252,000                 3,227,000

         Fund Balance                          640,268             235,000                                              875,268

 

This the 4th day of December, 1996.

 

A RESOLUTION RESCHEDULING THE PUBLIC HEARING MEETING IN APRIL, 1997 (96-12-4/R-2)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council reschedules the public hearing of April 21, 1997 to Wednesday, April 23rd, 1997.

 

This the 4th day of December, 1996.

 

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS FOR TRANSFER OF PORTIONS OF TOWN-OWNED PROPERTIES ADJACENT TO ROUTE N.C.86 TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR RIGHT-OF-WAY AND EASEMENTS NECESSARY TO CONSTRUCT ROADWAY AND ASSOCIATED IMPROVEMENTS  (96-12-4/R-4)

 

WHEREAS, the Town of Chapel Hill and the North Carolina Department of Transportation have agreed upon and funded a roadway improvement project for route N.C.86 between Homestead Road and Interstate 40; and

 

WHEREAS, certain rights-of-way and easements must be acquired by the North Carolina Department of Transportation to accommodate the roadway and associated improvements; and

 

WHEREAS, the Town owns three parcels of land adjacent to the N.C.86 project corridor upon which said rights-of-way and easements are necessary; and

 

WHEREAS, the Town does not expect to receive compensation for said rights-of-way and easements since the N.C.86 improvement project was both requested and endorsed by the Town.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is herewith authorized to execute documents for transfer of portions of Town owner properties adjacent to route N.C.86 to North Carolina Department of Transportation for right-of-way and easements necessary to construct roadway and associated improvements.

 

BE IT FURTHER RESOLVED that the Council requests that the U.S. Department of Housing and Urban Development, as a lien-holder on the Rainbow Heights public housing property, agree to transfer the necessary right-of-way and easement areas to the North Carolina Department of Transportation.

 

BE IT FURTHER RESOLVED that the Council reserves the right for the Town or its agents to enter upon said rights-of-way and easements for construction and/or maintenance of Town facilities.

 

This the 4th day of December, 1996.

 

A RESOLUTION REFERRING TO THE CHAPEL HILL TRANSPORTATION BOARD FOR COMMENTS AND RECOMMENDATIONS  A MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL AND THE TOWN OF CARRBORO (96-12-4/R-6)

 

WHEREAS, the Towns of Chapel Hill and Carrboro and the University of North Carolina at Chapel Hill desire to establish an ongoing process to allow mutual cooperation in the operation of public transportation services; and

 

WHEREAS, the University of North Carolina at Chapel Hill is authorized to provide such service under North Carolina General Statute 116.44.4(m) which states "that monies received...may be used to provide bus service or other transportation systems and facilities, including payments to any public or private transportation system serving University students, faculty or employees"; and

 

WHEREAS, the Towns of Chapel Hill and Carrboro and the University have worked together in providing public transportation services since  the 1970s and desire to continue to work together to provide these services;

 

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

 

That the Chapel Hill Transportation Board is directed to review the proposed Memorandum of Understanding  with the University and the Town of Carrboro  and provide comments and recommendations to the Chapel Hill Town Council prior to January 13, 1997.

 

This the 4th day of December, 1996.

 

A RESOLUTION APPROVING PERFORMANCE AND EVALUATION REPORTS FOR 1993-94, 1994-95, AND 1995-96 (96-12-4/R-7)

 

WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Performance and Evaluation Report for Comprehensive Grant Program Annual statements where funds are being expended, and

 

WHEREAS, the U.S. Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve the Performance and Evaluation Reports;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the attached Performance and Evaluation Reports.

 

This the 4th day of December, 1996.   

 

A RESOLUTION REQUESTING THAT THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES SUBMIT AN APPLICATION TO THE U.S. ARMY CORPS OF ENGINEERS FOR A SECTION FLOOD CONTROL OF THE MORGAN, BOLIN, AND BOOKER CREEK DRAINAGE BASINS UNDER SECTION 22 OF THE PLANNING ASSISTANCE TO STATES PROGRAM  (96-12-4/R-8)

 

WHEREAS, the Council of the Town of Chapel Hill is aware of serious problems which result from periodic flooding of the Town’s major streams; and

 

WHEREAS, the Council is interested in identifying potential measures to mitigate such flooding; and

 

WHEREAS, the contributing drainage areas of the Town’s major streams include land under the jurisdiction of not only the Town of Chapel Hill, but also the Town of Carrboro, Orange County, and the University of North Carolina; and

 

WHEREAS, representatives from all four of these organizations have developed a proposal for studying the streams and drainage basins with the assistance of the U.S. Army Corps of Engineers and the North Carolina Department of Environment, Health, and National Resources through the federal Planning Assistance to States Program (Section 22).

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith requests that the North Carolina Department of Environment, Health, and Natural Resources submit an application to the U.S. Army Corps of Engineers for a flood control study of the Morgan, Bolin, and Brooker Creek drainage basins as outlined in the attached study scope.

 

BE IT FURTHER RESOLVED that the Council requests that the North Carolina Department of Environment, Health, and Natural Resources share in the local cost of said study to the maximum degree possible under the program regulations.

 

This the 4th day of December, 1996.

 

A RESOLUTION ESTABLISHING A LAND TRUST IMPLEMENTATION TASK FORCE (96-12-4/R-9)

 

WHEREAS, on February 12, 1996, the Council established the Committee on Affordable Housing to make recommendations on affordable housing initiatives; and

 

WHEREAS, the Committee on Affordable Housing has held ten meetings to discuss the existing housing situation in Chapel Hill and to make recommendations to the Town  Council on affordable housing initiatives; and

 

WHEREAS, the Committee recommends that the Town consider a land trust form of ownership as a tool for future affordable housing efforts;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establishes a Land Trust Implementation Task Force to design a general mechanism to create a land trust for the purposes of establishing long-term affordable housing, with appointments to be made by the Chapel Hill Town Council. 

 

BE IT FURTHER RESOLVED that the Land Trust Implementation Task Force membership shall include representatives from the Affordable Housing Committee, as well as a legal professional, a banking professional, and a real estate professional. 

 

BE IT FURTHER RESOLVED that staff support will be provided to the Task Force by the Town Manager and Town Attorney.

 

This the 4th day of December, 1996.


 

AN ORDINANCE MAKING A TECHNICAL CORRECTION TO ORDINANCE

96-11-11/O-6f (96-12-4/O-2.1)

 

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

 

Section 1.  The first sentence of Sec. 7-56 of the Town Code is hereby amended by deleting the words “or #13R”.

 

Section 2.  This ordinance shall be effective upon adoption.

 

This the 4th day of December, 1996.

 

A RESOLUTION REFERRING A PROPOSED ORDINANCE TO PUBLIC HOUSING RESIDENTS,  THE RESIDENTS’ COUNCIL AND THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD  (96-12-4/R-9.1)

 

BE IT RESOLVED by the Chapel Hill Town Council that the Council refers to public housing residents, the Residents’ Council and the Housing And Community Development Advisory Board the  proposed ordinance enabling the Town to receive information from the State regarding certain criminal convictions which would be considered in screening applicants for residence in public housing.

 

This the 4th day of December, 1996.

 

There were no questions or comments regarding information reports.

 

Item 5  Energy Conservation Policy

 

Citizens Energy Task Force staff liaison Bill Terry briefly reviewed the item before the Council, noting that Town staff supported the basic goals of the Task Force and recommended adoption of Resolution 9.2a.

 

Congratulating Town Manager Horton for the staff’s careful review of the Task Force’s recommendations, Jane Sharp said she was very pleased that the talents of the Town staff and Task Force would continue relative to energy conservation efforts.

 

Art Dodd said that the Town, State and nation used far too much energy.  Mr. Dodd stated that a vigorous grassroots effort was needed to carry out policies to reduce energy usage.

 

Stating that national energy conservation efforts since 1985 had resulted in estimated total savings of $180 billion, Martha Drake said that continued efforts should be high on the Town’s priority list.  Ms. Drake urged the Council to adopt Resolution 9.2b.

 

Congratulating the Town Manager and the Task Force for their efforts to date, Dan Coleman suggested taking the best elements of both proposals.  Rather than establishing a standing committee, Mr. Coleman suggested that expert citizens and the Council provide oversight of the Town’s energy conservation efforts.

 

Expressing appreciation for the staff time that went into report preparation, Council Member Brown said that the points made by citizens were valid.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON,

TO REFER THE ENERGY POLICY TO THE TOWN STAFF AND ASK THE STAFF TO MEET WITH THE CITIZEN’S ENERGY TASK FORCE TO DETERMINE THE BEST WAY TO BRING THE BEST ENERGY POLICY FOR THE TOWN TOGETHER.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 6  Kent Woodlands Subdivision

 

Mr. Waldon presented an overview of issues, noting that adoption of Resolution A was recommended.

 

Carol Ann Zinn, the applicant, outlined a proposal for addressing a number of concerns expressed by neighbors of the proposed Kent Woodlands proposal.  Mayor Waldorf inquired whether a staging area was being proposed off  Nuttree Drive.  Ms. Zinn said she was not proposing storage off Nuttree after construction got underway.  Ms. Zinn added that she would be willing to pay for 100% of sidewalk costs on Nuttree Lane if applicable sidewalk easements were provided.   Ms. Zinn also stated that she was proposing to hire a safety monitor and to use a giant chipper for wood waste  to reduce the number of vehicles moving in and out of the proposed Kent Woodlands subdivision.  She said that these proposals were reasonable and sound.  Stating that the proposed application met all development standards, Ms. Zinn asked the Council to make a decision on her proposal this evening.

 

Mayor Waldorf asked Ms. Zinn if she would be agreeable to making her safety-related items part of the proposed conditions of approval.  Ms. Zinn said she would be willing to do so.

 

Karen McGrain urged the Council to make sure that the safety of children in the Cobble Ridge neighborhood was given high priority.  She stated that the underlying concern of area resident was safety, including whether or not the Council would allow access to the proposed subdivision through Nuttree Lane.  She urged the Council not to go against the rights of Cobble Ridge residents in this regard.

 

Greg Talbot, a resident of Cobble Ridge subdivision and a pediatrician, said that the current proposal jeopardized the safety of approximately one hundred children in the Cobble Ridge neighborhood.  Mr. Talbot urged the Council to protect the safety of these children by  not  routing additional traffic from the proposed development through his neighborhood. 

 

Keith Zokol said the safety-related suggestions being made by the developer were inadequate.

 

Mr. Zokol  stated that the developer should be required to eliminate, rather than reduce, hazards.  He requested that the Council vote against the applicant’s current proposal.

 

Citing a number of standards and guidelines in the Town’s Comprehensive Plan and Development Ordinance, Lynn Talbot said it was important to note that the applicant’s proposal violated a number of these items.  A copy of Ms. Talbot’s remarks are on file in the Town Clerk’s Office.

 

Mary Beth Pfeiler said that her nine-year old bicycle-riding son would be driving a car in seven years when the proposed Kent Woodlands subdivision was completed.  Stating that Nuttree Lane was only twenty-six feet wide, Ms. Pfeiler stated that this street was not designed for this level of traffic.  She urged the Council not to compromise the safety of area children for a number of years by approving the project as proposed.

 

Anne Henley, a resident of  Nuttree Lane,  said that the Town’s Comprehensive Plan required that all medium and large scale projects have dual access.  She urged the Council to reject the applicant’s current proposal since it relied on the Town of Carrboro’s  portion of the proposal to bring the project up to Town standards.  Ms. Henley said that the Town’s residents relied on the Council to ensure the safety of children and all residents.

 

Sam Snyder, a resident of Nuttree Lane in Cobble Ridge subdivision, said that he and his family had chosen to live in the Town because of its positive reputation.  Stating that he specifics about the proposed Kent Woodlands subdivision prior to purchasing his house, Mr. Snyder said that the applicant had originally proposed separate entrance off Culbreth Road.   Noting the importance of the Council supporting the interest of all citizens, Mr. Snyder urged the Council to vote no on the proposed Kent Woodlands project as currently planned.

 

Stan Biler said that the applicant had used questionable submittal tactics which might compromise the safety of residents of the existing Cobble Ridge subdivision.  He stated that the proposed access to the Kent Woodlands development from Nuttree Lane violated a number of Town standards.  Stating that a number of his neighbors had outlined a number of reasons for rejecting the applicant’s current proposal, Mr. Biler urged the Council to do what was in the best interest of Town residents.

 

Phil Post, representing the applicant, said that Nuttree Lane was a Class B, rather than a Class C, street.  He also stated that the applicant’s proposal met all Town development standards.  Mr. Post also said that the proposed Kent Woodlands subdivision was not unique in that the Springcrest subdivision had been similarly phased over an approximately eighteen month period for construction.  He estimated that an average of ten vehicles per day would use Nuttree Lane during infrastructure construction.

 

Noting that she shared the concerns of Cobble Ridge residents about the safety of neighborhood children, Council Member Wiggins asked Ms. Zinn to comment on whether or not the proposed buildout was seven years.  Ms. Zinn said this figure was totally irrelevant and she had no idea of its source.  Council Member Wiggins inquired about the projected length of buildout estimated by Ms. Zinn.  Noting that she would not necessarily be the only builder of homes in the proposed development, Ms. Zinn stated that full buildout of the Cobble Ridge subdivision had taken about two and a half years.   Stating that she did not have control over economic conditions, Ms. Zinn estimated that it would take about two and a half years to complete the proposed Kent Woodlands project.

 

Council Member Wiggins inquired why staff believed that speed bumps would not be helpful in slowing traffic.  Mr. Horton said speed bumps could possibly cause some drivers to lose control of their vehicles if  they drove over them too fast.  He also said that there was no place to install speed humps. 

 

Council Member Wiggins inquired about the difference between a Class B and a Class C road.  Mr. Waldon said the Town’s Design Manual outlined specifics relative to collector and neighborhood streets.  Stating that there was presently considerable parking taking place on both sides of  Nuttree Lane, Council Member Wiggins inquired about the possibility of limiting parking on Nuttree.  Mr. Horton said the Council could proceed as they wished in this matter.  He stated that some argued that narrowing streets had the effect of slowing vehicles down, while others argued that unobstructed roadways were safer because no one dodged out between vehicles.

 

Council Member Wiggins inquired whether or not staff had comment on the guidelines referenced by Ms. Talbot in her remarks.  Mr. Horton said that  the proposal was in full compliance with Town guidelines for development.  Mr. Waldon stated that the development as proposed with the conditions of approval outlined in Resolution A met all conditions of the Town’s Development Ordinance.  Mr. Waldon said he did not agree that the ten points cited by Ms. Talbot  were in non-compliance with Town regulations.

 

Referencing recreation space requirements, Council Member Chilton said that the Council was making no assumptions about what would happen on the proposed Carrboro side of the development in this regard.  He inquired about much land needed to be dedicated to recreation use on the Chapel Hill side of the proposed development.  Mr. Waldon said an adequate amount of flat and dry land needed to be set aside.  He stated that the specific amount of land set aside was determined using a formula in the Development Ordinance.   Council Member Chilton asked whether or not 14,016 square feet of recreation space was determined using this formula.  Mr. Waldon said no, noting that the applicant would be required to set aside more land for recreation.  Council Member Chilton inquired about the exact finding that needed to be met.  Mr. Waldon said that applicants were required to set aside an adequate amount of flat, dry land for recreational purposes.

 

Council Member Chilton inquired about the scope of Town regulations regarding two points of access to developments.  Mr. Waldon said two points of access were a guideline, rather than a requirement.  Mayor Waldorf noted that although there were many instances were dual access was possible, there were also a number of cases in which developers or citizens desired a single point of access.  Mr. Waldon said the Council had considered two points of access to be a non-binding guideline.

 

Council Member Brown said item number seven cited in Ms. Talbot’s remarks regarding the desirability not to increase traffic in neighborhoods was used throughout the Comprehensive Plan.  Mr. Waldon said that this language was of a guideline nature, rather than a specific ordinance requirement.  Noting that a collection of residential neighborhoods was involved in the subject case, Mr. Waldon said that there was no apparent way to avoid traffic going the Cobble Ridge neighborhood.

 

Council Member Wiggins inquired about the viability of having the applicant’s proposed construction management plan as part of the conditions of approval for the development. 

Mr. Karpinos said the Council could acknowledge the conditions proposed by the applicant, excepting the condition regarding the child safety monitor.  Mayor Waldorf inquired whether or not the Town Attorney was comfortable with the applicant’s oral commitment to work with the Cobble Ridge residents regarding their concerns.  Mr. Karpinos said he was satisfied

 

Mr. Waldon said staff did not recommend including the stipulation regarding construction of sidewalks on Nuttree Lane since there was not sufficient public right-of-way to complete this project.

 

Council Member Chilton said there was very little evidence in the record of the hearing, excepting a proposed payment-in-lieu, regarding the adequacy of active recreation space.  Mr. Waldon stated that the Culbreth Middle School playing fields were proximate to the proposed development and were oftentimes used by area residents.

 

Referencing noise-related concerns, Council Member Brown stated that staff had previously recommended not including a stipulation regarding the use of a giant chipper to chip wood debris  on site.  Stating that larger wood chippers were noisy and storage areas were needed for chips, Mr. Horton said he did not recommend the Council adopting a stipulation in this regard.  Mr. Karpinos also noted that the applicant’s proposal did not contain a statement about the extent to which the proposed wood chipper would be used.

 

Noting that sidewalk plans would need to be approved by the Town Manager, Mayor Waldorf inquired how the proposed sidewalk would be constructed in terms of phasing.  Ms. Zinn said her plan was to construct the sidewalk as soon as necessary easements were in hand. 

 

Mayor Waldorf asked whether it was legally possible to approve the proposed development and not permit access through Nuttree Lane.  Mr. Karpinos said that this was not legally permissible.

Mr. Waldon noted that Nuttree had been approved as a Class B street in Cobble Ridge.

 

Council Member Capowski asked Ms.Zinn whether or not she was absolutely adamant about building the Chapel Hill portion of the project first.  Ms.Zinn said yes, stating that the Carrboro portion of the proposed project was a long way from possibly being approved and constructed.

 

Council Member Chilton said the proposed recreation area had a slope dropping down to water, rather than a flat and dry area.  Council Member Chilton stated that on this basis, he recommended recessing the hearing and referring the matter back to the Manager for the Council’s next agenda in January, 1997.   Mayor Waldorf asked whether comments at a future hearing could be limited to such a narrow issue.  Mr. Karpinos said this would be permissible.

Council Member Wiggins seconded Council Member Chilton’s proposed motion.  Council Member Evans suggested that instead of postponing the matter again, the Council could ask

the applicant to provide a flat, dry land area to meet the recreation requirement.

 

Council Member Brown said that while the recreation area was an important aspect of the proposal, the matter of access was of primary importance.  She also said that it was critically important to protect neighborhoods from additional traffic generated by new developments.  Council Member Brown requested that staff address this matter in its follow-up report.

 

Council Member Capowski said it if was the will of the majority of the Council to not allow the Chapel Hill portion of the development before the Carrboro portion, he suggested adoption of Resolution B.   Mr. Karpinos said he did not believe that the courts would legally uphold such an action.

 

Council Member Evans inquired whether or not the applicant was willing to dedicate flat, dry land for recreation space.  Ms. Zinn said she would be willing to dedicate either lot 52 or lot 27 or both for recreation space.  Mr. Post said the requirement for recreation space was 1.33 acres, while the applicant’s proposal was to provide 1.66 acres.  He stated that lots 27 and 52 could be provided as permanent or temporary recreation space.

 

Council Member Evans offered a substitute motion that lots 27 and 52 be reserved as recreation space.  Council Member Franck said it was not an appropriate time to make such a motion.  Council Member Chilton suggested continuing the public hearing with limitations since it was not possible to judge whether or not the proposed recreation area was relatively flat or not.

 

Council Member Franck said he would vote against the proposed motion because he believed that the Council could make a finding about the adequacy of recreation facilities.  Council Member Chilton said he did not believe that there was sufficient evidence to make such a judgment.

 

THE MOTION TO CONTINUE THE PUBLIC HEARING  TO JANAURY 13TH FAILED BY

A VOTE OF 2-6, WITH COUNCIL MEMBERS BROWN AND CHILTON SUPPORTING THE  MOTION.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO CLOSE THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Noting that Cobble Ridge had a lot of children and that he knew that Ms. Zinn’s heart was in the right place, Council Member Capowski said Ms.Zinn could not control contractors, subcontractors and construction deliveries.

 

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

 

Council Member Brown said she also had a number of concerns about construction traffic and the Resolution B.

 

Council Member Capowski said he was willing to accept Council Member Chilton’s friendly amendment regarding Ms. Talbot’s ten reasons for rejecting the applicant’s proposal.

 

Council Member Chilton said that the Council was not compelled to approve the project as proposed, given the inadequacy of active recreation space in the southern part of the Town. He also said that the current proposal violated the requirement that the applicant provide 1.3 acres of recreation space.

 

Council Member Wiggins said although she was leaning towards support of  Resolution A, she did not feel that safety concerns had been adequately addressed in order for her to do so.  Council Member Wiggins said rather than voting for Resolution B she preferred to have more time to consider the proposal.  Council Member Wiggins added that she was not against the proposed project at all.

 

Council Member Evans asked whether or not it would be sufficient for the Council to ask the applicant whether or not they were willing to follow through on the proposed construction management plan.  Mr. Horton said there would be nothing other than a moral imperative behind

such an agreement.

 

Council Member Evans inquired about mechanisms to have the applicant provide additional active recreation space.

 

Council Member Wiggins said her reservations were related to safety concerns.

 

Council Member Evans requested a comment from the Town Attorney regarding the legal ramifications of the adoption of Resolution B.  Mr. Karpinos said such a decision would be appealable to the courts within thirty days and the courts would review the matter based on the record established before the Council.

 

Mayor Waldorf said she would vote against Resolution B because the matter would likely go to the courts, leaving no program to include stipulations as proposed by the applicant.  Council Member Wiggins inquired whether Mayor Waldorf was saying that if  Resolution B failed, then Resolution A could be offered as a substitute, with stipulations added relative to the construction management plan offered by the applicant.  Mayor Waldorf said the floor would be open to a number of different possibilities.   Mr. Karpinos said a 4-4 vote would carry over to the next meeting.

 

THE MOTION FOR RESOLUTION B FAILED TO CARRY ON A TIED VOTE (4-4), WITH COUNCIL MEMBERS BROWN, CAPOWSKI, CHILTON AND WIGGINS SUPPORTING THE MOTION.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION A, INCLUDING THE ATTACHMENT OF THE APPLICANT’S PROPOSED CONSTRUCTION MANAGEMENT PLAN, THE CONSTRUCTION OF A SIDEWALK ON NUTTREE LANE (AFTER NECESSARY EASEMENTS ARE RECEIVED FROM APPLICABLE PROPERTY OWNERS) AND DELETION OF  THE CHILD SAFETY MONITOR SECTION FROM THE APPLICANT’S PROPOSAL.

 

Mr.  Karpinos suggested adding the following provision: “BE IT FURTHER RESOLVED THAT THE COUNCIL ACKNOWLEDGES THE STATEMENT IN THE PUBLIC HEARING THAT A CHILD SAFETY MONITOR WILL BE IN PLACE WHEN FIVE OR MORE HOUSES ARE UNDER CONSTRUCTION”.     

 

Citing compliance with the Town’s Comprehensive Plan, Council Member Brown moved that Cobble Ridge Drive and Nuttree Lane not be used for access during construction.  The motion failed for lack of a second.

 

Council Member Wiggins inquired about the possibility of using speed bumps or humps.  Mr. Horton said he did not recommend the use of either of these types of devices.

 

THE MOTION TO ADOPT RESOLUTION A AS AMENDED FAILED TO CARRY ON A TIED VOTE OF 4-4, WITH COUNCIL MEMBERS EVANS, FRANCK, PAVAO AND MAYOR WALDORF SUPPORTING THE MOTION.

 

Mayor Waldorf noted that the tied votes meant that matter would carry over to the Council’s next regular meeting on January 13, 1997.

 

Council Member Chilton suggested moving up the Saint Thomas More item to the next item on the agenda.  Mayor Waldorf said this seemed to be a reasonable suggestion.  There were no objections from any Council Members.

 

Item 7  St.  Thomas More

 

Persons wishing to testify in the matter were sworn.

 

Planning Coordinator Jennie Bob Culpepper presented a summary overview of the proposal.

 

Noting that Resolution B was supported by the Planning Board, Phil Post, the applicant’s representative, urged the Council to adopt this resolution.

 

Paul Molina inquired about the impact of the proposed access on his property adjoining the

subject property.  Mr.  Molina said he preferred site access from Carmichael Road.

 

Mary Reeb said the Planning Board wished to support the concerns of neighbors relative to access to the site.

 

Council Member Capowski requested a clarification regarding roads and traffic relative to the proposed development.  Mr. Post said that the school and church would have minimal impact on the heavy volume of traffic on U.S. 15-501.  Mr. Post also concurred with the proposed conditions of approval.

 

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

 

Council Member Franck inquired about having the access path further away from existing houses.  Ms. Culpepper said staff was suggesting a possible realignment which would accomplish this.

Stating that this was the best approach, Council Member Franck said he was arguing for Resolution A.   Planning Board Chair Mary Reeb noted that there were two access driveways to the site, one of which closely accessed the 15-501 Bypass.  Ms. Reeb said the Board was not sure how this matter could be resolved. 

 

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

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 3.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING  FOR SAINT THOMAS MORE CHURCH AND SCHOOL  (Chapel Hill Tax Map Number 73.3)  (96-12-4/O-3)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the application of F. Joseph Gossman, Bishop of the Roman Catholic Diocese of Raleigh, North Carolina to amend the Zoning Atlas to rezone property described below from Residential-1 to Residential-5-Conditinal Zoning, and finds that the amendment is warranted because it achieves the purposes of the Comprehensive 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 now or formerly Chapel Hill Township Tax Map 73, Lot 5 located west of Fordham boulevard and north of  Mason Farm Road, within the Residential-1 zoning district, be rezoned from Residential-1 to Residential-5-Conditional.  The legal description of the entire property is as follows (please refer to the attached map):

 

All that certain tract of parcel of land lying, situate and being in Chapel Hill, North Carolina, more particularly described as follows: 

 

            Beginning at a point on the west right-of-way line of U.S. 15-501 Bypass (also known as Christopher Service Road next to Fordham Boulevard) at the northeast right-of-way line intersection of Mason Farm Road and U.S. 15-501 Bypass, thence with right-of-way line of Mason Farm Road (unopened) the following bearing and distances:  N40°36’07” W, 132.71 feet; thenceN12°18’22” W, 28.44 feet to a point; thence N15°59’26” E, 52.81 feet to a point; thence N48° 08’49” E, 156.91 feet to a point; thence N00° 59’21” E, 228.22 feet to a point; N89° 20’25” W, 39.47 feet to a point in the line of the University of North Carolina; thence with UNC lands N01° 10’57” E, 204.70 feet to a point; thence N01° 13’09” E, 264.78 feet to a point; thence N01° 14’22” E, 264.47 feet to a point; thence N00° 53’26” E, 221.18 feet to a point; thence N71° 38’37” E, 893.83 feet to a point; thence S14° 07’44” E, 352.37 feet to a point in the western right-of-way line of U.S. 15-501 Bypass (also known as Christopher Service Road); thence with U.S. 15-501 Bypass western right-of-way:  S34° 12’40” W, 1701.83 feet to a point, being the point and place of beginning and containing 19.54 acres.

 

Section II

 

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

 

This the 4th  day of December, 1996.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 12B. 

 

Council Member Evans said that there was generally no problem with traffic on the access road.

Council Member Franck said it was possible to get the best of  both worlds by adopting Resolution A.

 

THE MOTION PASSED BY A VOTE OF 7-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR A MASTER LAND USE PLAN FOR ST. THOMAS MORE CHURCH AND SCHOOLS  (File Number 73.5) (96-12-4/R-12b)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Master Land Use Plan application, proposed by F. Joseph Gossman, Bishop of the Roman Catholic Diocese of Raleigh, North Carolina,  on property identified as Chapel Hill Township Tax Map 73, Lot 5, if developed according to the site plan dated February 23, 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 be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property,  and

  

3.         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 the Master Land Use Plan for St. Thomas More Church  and School  in accordance with  the plans listed above and with conditions listed below:

 

                                                Stipulations Specific to the Development

 

1.             Land Use Intensity:   That this Master Land Use Plan approves a total Floor Area of 111,210 square feet; Open Space of 874,561 square feet;  and Livability Space of 745,057 square feet.

 

2.             Southernmost Driveway Access on to Public Right-of-Way: That the southernmost driveway access the site from the Carmichael Street, as proposed.

 

 

Stipulations Specific to Permanent Retention Basin Installation

 

3.             The wet retention pond shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be  approved by the Division of Environmental Management and the Town Manager.

 

4.             The size, accessibility, location and design of the pond shall be approved by the Town Manager.

 

5.             The property owner shall post a performance bond or other surety instrument satisfactory to the Town Manger, in an amount approved by the Town Manager to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls. 

 

6.             Maintenance of the pond shall be the responsibility of the applicant.  A maintenance plan shall be provided for the pond, to be approved by the Town Manager.  The plan shall address inspection, maintenance intervals, type of equipment required, access to the pond and related matters. 

 

7.             The minimum permanent pool depth shall be at least three feet in addition to enough volume to store the accumulated sediment between clean out periods.

 

8.             All sediment deposited in the pond during construction activity  must be removed before “normal” pond operation begins. 

 

9.             Emergency drains shall be installed in the pond to allow access for repairs and sediment removal as necessary.

 

10.          Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.

 

11.          Public storm drainage systems or other utilities shall not be located within a pond or dam structure.

 

12.          No pond shall be created within the required perimeter landscaped buffer.

 

13.          The pond shall be located and designed such that damage to existing large trees can be minimized.

 

Required Improvements

 

14.          Parking Lot Paved to Town Standards: That a decision regarding paving the parking lot to Town standards shall be evaluated as part of a Phase II Special Use Permit application.

 

Stipulations Related to State and Federal Governments Approvals

 

15.          Approval of Encroachment Agreements:  That any required State permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

 

Stipulations Related to Landscape Elements

 

16.          Landscape Plan Approval:  That a detailed Landscape Plan, Landscape Maintenance Plan, and Lighting Plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.   

 

17.          Shade Trees Provided: That shade trees be provided in small groupings along the eastern side of Carmichael Street, subject to approval from the North Carolina Department of Transportation. 

 

18.          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 Building Elevations

 

19.          Building Elevation Approval:  That detailed building elevations for the buildings be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

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

 

21.          Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, Southern Bell, applicable cable supplier, and the Town Manager before issuance of a Zoning Compliance Permit.

 

Miscellaneous Stipulations

 

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

 

23.          Dumpster Pad Relocated:  That the dumpster pad shall be relocated so as to eliminate the need for a long backing movement of the waste collection vehicles, subject to the Town Manager’s approval prior to the issuance of a Zoning Compliance Permit.

24.          Transportation Management Plan:  That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

25.          Detailed Plans:  That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), which shows the method(s) of conveying the storm water around the building site, and a landscape plan and landscape management 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 with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

 

26.          No Clearing in the Landscape Buffer:  That there be no clearing in the landscape buffer for the Stormwater Management Pond.

 

27.          Erosion Control:  That a 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. 

 

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

 

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

 

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

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Master Land Use Plan for St. Thomas More Church and School  in accordance with the plans and conditions listed above. 

 

This the 4th day of  December, 1996.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 13B.  THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER FRANCK VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR ST. THOMAS MORE CHURCH AND SCHOOL ADDITION - PHASE 1 (File Number 73.5)

(96-12-4/R-13b)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by F. Joseph Gossman, Bishop of the Roman Catholic Diocese of Raleigh, North Carolina,  on property identified as Chapel Hill Township Tax Map 73, Lot 5, if developed according to the site plan for Phase I, dated February 23, 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 the Special Use Permit for St. Thomas More Church and School Addition - Phase I in accordance with  the plans listed above and with conditions listed below:

 

                                                Stipulations Specific to the Development

 

1.                  That construction begin by December 4, 1998  (two years from the date of Council approval) and be completed by December 4, 1999 (three years from the date of Council approval).

 

2.                  Land Use Intensity:  This Special Use Permit approves a total Floor Area of  78,210 square feet; Open Space of 874,561 square feet; and Livability Space of 752,057 square feet.

 

3.                  Southernmost Driveway onto Public Right-of-Way:   That the southernmost driveway  access the site from Carmichael Street as proposed.

 

 

Required Improvements

 

4.            Gravel Parking Lot:  That the parking lot is not required to be paved as part of Phase I.

 

Stipulations Related to State and Federal Governments Approvals

 

5.                  Approval of Encroachment Agreements:  That any required State permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

 

Stipulations Related to Landscape Elements

 

6.                  Landscape Plan Approval:  That a detailed Landscape Plan, Landscape Maintenance Plan, and Lighting Plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit. 

 

7.                  Shade Trees on Carmichael Street:   That shade trees be provided in small groupings along the eastern side of Carmichael Street, subject to the approval of the North Carolina Department of Transportation.

 

8.                  Landscape Protection Plan:  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan show the critical root zones of the significant trees on the site.   

 

Stipulations Related to Building Elevations

 

9.                  Building Elevation Approval:  That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

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

 

11.              Fire Hydrant Relocated:  That the applicant relocate Fire Hydrant #2 to the west side of  private drive A. 

 

12.              Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, applicable cable supplier, and the Town Manager before issuance of a Zoning Compliance Permit. 

 

Miscellaneous Stipulations

 

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

 

14.              Dumpster Pad Relocated:   That the dumpster pad be relocated so as eliminate the need for a long backing movement of the waste collection  vehicles, subject to the Town Manager’s approval prior to the issuance of a Zoning Compliance Permit.

 

15.              Transportation Management Plan:  That a Transportation  Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The Management Plan shall include:

 

a.      Provisions for designation of a Transportation Coordinator;

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

c.      Quantifiable traffic reduction goals and objectives;

d.     Ridesharing incentives;

e.      Public Transit incentives.

 

            In addition, annual reports shall be made to the Town Manager by January 1st of each year.

 

16.              Detailed Plans:  That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), which shows the method(s) of conveying the storm water around the building site, and a landscape plan and landscape management 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 with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

 

17.              Erosion Control:  That a 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.

 

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

 

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 telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

 

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

 

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

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for St. Thomas More Church and School Addition - Phase 1 in accordance with the plans and conditions listed above. 

 

This the 4th day of December, 1996.

 

Council Member Franck noted that agenda item number eight was also time-sensitive.

 

Item 9  Hudson-McDade House

 

Mr. Horton said that the Hudson-McDade house was in jeopardy of  being torn down unless it was moved from its current location in the near future.  He stated that it was feasible to relocate the house to Town parking lot number two, three or five, with parking lot number three being the most advantageous of these possible sites.  Noting his recommendation of relocation to parking lot number three, Mr. Horton said any relocation proposal would need to be reviewed by the Historic District Commission.

 

Expressing appreciation for the Manager’s assistance, Tom Heffner said he would be glad to answer any questions from the Council about the proposed relocation of the Hudson-McDade House.

 

Donna Haward, speaking on behalf of University Baptist Church, thanked Town staff and the Heffners for the development of the relocation proposal before the Council.  Stating that the timetable for the proposed relocation could not be extended beyond July 11, 1997,  Ms. Haward said that time was of the essence.  She added that University Baptist Church supported the staff’s recommendation in this matter.

 

Historic District Commission Chairperson Josh Gurlitz, speaking as a private citizen, said that the cooperative public-private effort was a good way to save the McDade house.  He noted that about six months had elapsed from the time that the Historic District Commission had approved a twelve month delay for the house. He urged the Town to start negotiations for possible relocation of the house immediately.

 

Stating that the McDade house was an important landmark in the Town’s center, Betsy Pringle said she hoped that the University Baptist Church would change its mind about moving the proposed church addition to the south side of the existing building.  Ms. Pringle also said that parking lot number three was too far from the present location and attempting to relocate the house to this location would be very risky.   She stated that any negotiations with Mr. Heffner should be about possible relocation to parking lot number five.  Ms. Pringle urged the Council to hold a public hearing on the possible relocation of the McDade house.

 

Chris Belcher, owner of C.O. Copies and Chair of the Board of the Downtown Commission, said that the original part of the McDade house had been standing for one hundred and fifty years.  Noting that although he would favor any of the proposed sites for relocation, Mr. Belcher said he that parking lots three or five would be the most desirable locations.

 

Noting that the Town Manager was recommending relocation of the McDade house to lot number three, Bill Bracey said he felt that parking lot number five would be a superior site for recloation of the McDade house.  He stated that parking lot number three was further from the center of town and relocation to this site would be less valuable to the ambiance of the downtown area.  Mr. Bracey said he did not think that relocating the McDade house to lot number five would hurt the Town.

 

Expressing appreciation for citizen comments this evening, Council Member Brown said it was important to move forward as quickly as possible in the matter.  She suggested that the Council hold a public hearing in January to receive public comment on possible relocation of the McDade house.  She also said that Town staff could continue some discussions with Mr. Heffner regarding options for relocating the house.

 

Mayor Waldorf said that time was of the essence since financing, legal and moving details needed to be worked out.  She also expressed her support for holding a public hearing on the matter.

 

Stating that the matter was a significant subject for public input, Council Member Chilton suggested that a related action item might be placed on the Council’s January 13, 1997 agenda.

Mayor Waldorf said the Council would be running a foolish risk if negotiations were not allowed to proceed in the intervening period prior to the January public hearing.

 

COUNCIL MEMBER BROWN MOVED THAT THE COUNCIL HOLD A PUBLIC HEARING REGARDING THE MC DADE HOUSE ON JANUARY 13, 1997.

 

Mr. Horton said that staff could negotiate an agreement in a substantially final form which would be ready as part of  a Council public hearing on January 13th.  Council Member Brown asked whether a blanket agreement for lots three and five was possible.  Mr. Horton said this could be done if the Council wished.  Council Member Brown said she favored negotiations going forward relative to lots three and five.

 

COUNCIL MEMBER CHILTON SECONDED THE MOTION.

 

Council Member Chilton said he thought that lot number five was the best site for the McDade house, possibly increasing pedestrian flow along West Franklin Street.  Council Member Brown said the Council should not close out any options if comments were being received from the public in the future.  Mayor Waldorf said there remained opportunities for other options to come forward.

 

Council Member Capowski inquired about plans for the McDade house after it was moved.  Mr. Heffner said his major hope was that the Downtown Commission could continue to use the bottom part of the house for the Downtown Commission’s activities.  Council Member Capowski said this use appeared to argue for relocating the building to parking lot number five.  Mr. Heffner said it was not a problem to pursue an agreement for two different (alternate) sites.

 

Mayor Waldorf said the motion on the floor was to hold a public forum on January 13th to consider relocation to lot number three or five or other proposals.

 

Council Member Evans inquired about the possibility of incorporating consideration of the petition from Cousins Properties regarding the use of parking lot number five.  Mr. Horton said that Cousins Properties had petitioned to set up a process to make a proposal for the purchase of a portion of parking lot number five.

 

Council Member Chilton said his real preference would be for the Council to decide on parking lot number five this evening.   Council Member Franck said he would like to hear from the public on options for relocation of the house.

 

Council Member Capowski inquired about the status of the parking lot number five (FGI) contract.   Mr. Horton said he believed that FGI would renegotiate for the use of spaces in parking lot number five.  Mayor Waldorf said it was important that the house be relocated without damage to trees.  She noted that Town staff and Mr. Heffner would explore lots three and five and other viable options brought forward for consideration.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0)

 

Item 10  Principal’s Executive Program and Day Care Special Use Permit

 

Persons wishing to testify in the matter were sworn.

 

Planning Coordinator Jennie Bob Culpepper briefly reviewed the proposal, noting that pedestrian links (sidewalks) were proposed between buildings on the site.  She noted that Resolutions A and B would approve the applicant’s request.

 

UNC Facilities Planning Director Gordon Rutherford said the University had raised concerns about portions of three portions of proposed stipulations of approval at the earlier public hearing on the matter.  

 

Lee Zallon, future director of the proposed day care facility and present director of the Victory Village Day Care Center, said the center was struggling to keep tuition as low as possible.  Ms. Zallon also said it really would not be practical for parents to walk small children one-half mile from the park and ride lot to the proposed day care facility.

 

David Hostetler, representing the Principal’s Executive Program, expressed appreciation for the staff’s efforts in reviewing the proposal.  Mr. Hostetler stated that participants in the Principal’s Executive Program would use the proposed  sidewalks minimally or not at all.

 

Council Member Capowski asked why there were objections to having a bus stop in front of the building.  Stating that program participants would remain on site,  Mr. Hostetler  said these participants would have no need to access the community via bus.  He added that this matter was not a major concern.  Council Member Capowski said some employees might wish to use buses.  Mr. Hostetler said he believed that there would be minimal use by faculty and staff.

 

Mr. Rutherford said the University was concerned about running buses through the facility’s parking lot.  Council Member Capowski asked whether or not it was correct that there was no immediate parking for day care center users.  Mr. Rutherford said this was correct.  Council Member Capowski said he could not imagine that people could be successfully encouraged to use the park and ride lot within the context of this proposal.

 

Council Member Evans said that the Council often required applicants to commit to putting in bus stops at a later time.   Mr. Horton said the problem in this case was that light pavement would be destroyed by buses over time.  Mr. Rutherford stated that the University had not had any discussions with any Town transit staff about driving buses across the facilities parking lots.  He said that the University was concerned about bus usage in circular parking lots.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADJOURN THE PUBLIC HEARING.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER CHILTON MOVED THE ADOPTION OF RESOLUTION 16A. 

 

Council Member Franck said it did not appear that the University had given mass transit use much thought in the development of this proposal.

 

COUNCIL MEMBER FRANCK SECONDED THE MOTION, WITH AMENDMENTS TO STIPULATIONS 6 (SIDEWALKS) AND 8 (BUS STOPS).

 

RESOLUTION 16A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNC PRINCIPALS’ EXECUTIVE PROGRAM CENTER AND JOINT CHILD DAY CARE CENTER (File Number 66..12) (96-12-4/R-16a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application, proposed by the University of North Carolina at Chapel Hill on property identified as Chapel Hill Township Tax Map 66, Part of Lot 12, if developed according to the Principals’ Executive Program site plan dated April 24, 1996; the Joint Child Day Care Center site plan dated August 20, 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 the Special Use Permit Modification of the Special Use Permit for the Continuing Education Center recorded in Deed Book 682, Page 29 of the Orange County Register of Deeds, and the Special Use Permit for WUNC recorded in Deed Book 1256, Page 27 of the Orange County Register of Deeds, for the Principals’ Executive Program and Joint Child Day Care Center in accordance with the plans listed above and with conditions listed below:

 

Stipulations Specific to the Development

 

1.         Construction Deadlines:  That construction begin by December 4, 1998 and be completed by  December 4,1999.

 

2.         Land Use Intensity:  This Special Use Permit Modification approves:

                  

·        Gross Land Area:  33.14  acres

·        Maximum Floor Area:   188,290 square feet

·        Open Space:   1,307,617 square feet

·        Livability Space:   710,936 square feet

·        Number of Buildings:  4 - Continuing Education Center, WUNC Radio

Station (excepting accessory equipment storage units), the Joint Child Day Care Center, and the Principals’ Executive Program Building

·        Maximum Number of Lodging Units:  24

·        Number of Parking Spaces:  529 existing plus 83 proposed = 662 passenger car spaces, and 18 existing bus spaces.

 

3.                 Impervious Surface Calculations:  That the developer be required to provide with final plans an impervious surface calculation sheet and an impervious surface monitoring plan for the 33.14 acre site to ensure that the total development stays under the 24% low density threshold of the Watershed Protection District as specified in the Chapel Hill Development Ordinance. 

 

Required Improvements

 

4.         Adjustment of Grading and Utility Plans:  That in the northern portion of the Principals’ Executive Program site and the southeast corner of the Day Care Center site, the utility lines and connections, and the grading plans, be adjusted where possible to be outside the proposed tree preservation areas.  The applicant shall consider further adjustment of the utilities and grading to expand the proposed tree preservation areas.

 

5.         New Driveway to Friday Center Drive:  That the applicant construct a vehicular connection as proposed on the site plan between the Friday Center outermost access drive and Friday Center Drive at a point just east of the detention pond.

 

If the connection crosses federally regulated flood plain, all necessary federal reviews and approvals must be obtained prior to issuance of a Zoning Compliance Permit.

 

6.         Sidewalks:  That sidewalk be constructed in the following locations:

 

·      From the proposed Principals’ Executive Program building to the proposed staff parking lot, as proposed;

 

·      Along the front of the main Principals’ Executive Program parking lot (in front of the proposed Principals’ Executive Program building), as proposed;

 

·      Along the entire length of the western edge of the Day Care Center parking lot;

 

·      From the new Principals’ Executive Program building to the proposed new vehicle connection to Friday Center Drive; and

 

·      Through landscape islands and across access drives in the Friday Center parking lot, and the new parking lots so that there is a clear pedestrian route from the new buildings to the Friday Center.

 

7.         Drive Aisles and Parking Lots:  That all drive aisles and parking lots be constructed to Town standards for pavement design and dimensions, and that the parking lot be designed and the pavement be constructed to accommodate transit vehicles.

 

8.         Bus Stops:  That the applicant provide a bus stop near the front entrance for each new building along the outermost ring of the parking lot.

 

9.         Approval of Encroachment Agreements:  That any required State permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town prior to the issuance of a Zoning Compliance Permit.

           

Stipulations Related to State and Federal Governments Approvals

 

10.       That any required State or Federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

 

                                             Stipulations Related to Landscape Elements

 

11.       Landscape Protection Plan:  That a detailed final Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The Plan shall  clearly indicate the impact of construction activity associated with utility and sidewalk improvements.  The revisions shall also include additional tree protection fencing in certain areas between proposed construction and landscape areas to remain.  Areas for construction staging, material storage, and construction parking shall also be indicated on the plans.

 

12.       Landscape Plan Approval:  That a detailed landscape plan and landscape maintenance plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit. 

 

That the following landscape buffer shall be provided:

 

Ø         along the property lines, a Type B (10 foot minimum width) landscape buffer.

 

Existing vegetation may be used to partially or wholly fulfill the landscape buffer requirements.  The extent to which existing vegetation can be used shall be determined by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

That a note be added to the final plans, indicating that some of the trees on the perimeter of the construction areas shall be removed by the developer prior to building occupancy if the Town's Urban Forester determines the trees are not likely to survive and may constitute a hazard.

 

                                               Stipulations Related to Building Elevations

 

13.       Building Elevations Approval:  That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Utilities

 

14.       Stormwater Management:   That a Stormwater Management Report shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The stormwater calculations shall be based on the Town's HYDROS Model. 

 

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

 

That for each new building the final plans indicate the fire department connection location for the sprinkler system.

 

That the final plans demonstrate adequate access for pumper fire trucks between the Principals’ Executive Program parking lot and the fire lane.

 

16.       Utility/Lighting Plan Approval:   That the proposed underground utilities at the northern end of the Principals’ Executive Program site, and the southeastern corner of the Day Care site, be relocated so they do not conflict with the proposed tree preservation area shown on the Landscape Protection Plan.

 

That the final utility and lighting plan be approved by Orange Water and Sewer Authority, the University Electric Distribution, Public Service Company, BellSouth, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit. 

 

17.       OWASA Easements:  That easement documents as required by OWASA and the Town Manager be recorded before issuance of a Zoning Compliance Permit.

 

                                                          Miscellaneous Stipulations

 

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

 

The final plans shall include a detail of the proposed service areas and their respective access drives.  This plan shall include the location and proposed use of containers for refuse and recyclables.

 

19.       Transportation Management Plan:  That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The Management Plan shall include:

 

a.         Provision for designation of a Transportation Coordinator;

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

c.         Quantifiable traffic reduction goals and objectives;

d.         Ridesharing incentives;

e.         Public Transit incentives. 

 

The Transportation Management Plan (TMP) for this development shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  In addition, annual reports shall be made to the Town Manager by January 1st of each year.

 

20.       Detailed Plans:  That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), landscape plan and landscape management 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 with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

 

21.       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 at the time of issuance of a Zoning Compliance Permit.

 

22.       Erosion Control:  That a soil erosion and sedimentation control plan be approved by the NC Department of Environment, Health, and Natural Resources and be submitted to the Town Manager before issuance of a Zoning Compliance Permit. 

 

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

 

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

 

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

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the UNC Principals’ Executive Program and Joint Child Day Care Center in accordance with the plans and conditions listed above.

 

This the 4th day of  December , 1996.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO CONSIDER ITEM NUMBER EIGHT THIS EVENING.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 14.

 

Council Member Capowski  suggested adding a “BE IT FURTHER RESOLVED” to the fourth point in the resolution.  The motioner and seconder concurred with the friendly amendment.

 

RESOLUTION 14, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION PROVIDING THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY COMMITTEE COMMENTS CONCERNING THE DRAFT 1998-2004 REGIONAL PRIORITY LIST (96-12-4/R-14)

 

WHEREAS, the Town of Chapel Hill has prepared a 1998-2004 Transportation Project Priority List and submitted that list to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee; and

 

WHEREAS, the Transportation Advisory Committee has prepared a draft 1998-2004 Regional Transportation  Priority List; and

 

WHEREAS, the Transportation Advisory Committee has requested pubic comment on that draft Regional List;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council submits the following comments:

 

·        The Regional Priority List should only be used as a general guideline for developing the Metropolitan Transportation Improvement Program

 

·        The Transportation Advisory Committee should consider other factors such as the need to maintain existing transit service, promoting bicycle and pedestrian use and previous funding of projects in developing the Metropolitan Transportation Improvement Program

 

·        The Transportation Advisory Committee should revise the weighting criteria prior to the development of the 1998-2005 Program to better balance non-highway projects with highway projects and to reflect the local priority of projects.

           

BE IT FURTHER RESOLVED THAT the regional ranking for Chapel Hill projects should reflect the same priority order as the local priority list adopted by the Town Council.

 

This the 4th day of December, 1996.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO NOMINATE ALL APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE PUBLIC ACCESS COMMITTEE.   COUNCIL MEMBER CAPOWSKI VOLUNTEERED TO SERVE AS THE COUNCIL LIAISON TO THE COMMITTEE.   BOTH MATTERS WERE UNANIMOUSLY APPROVED BY THE COUNCIL (8-0).

 

Mayor Waldorf suggested that if the staff thought it was reasonable, that the Public Residents Council and the Housing and Community Development Advisory Board to explore alternatives to having Town staff pick up litter in public housing communities.  The Council consented to proceeding in this matter.

 

Council Member Capowski requested a clarification regarding the area encompassed within the proposed service area.  Fire Chief Jones outlined the proposed area.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVAO,  TO ADOPT RESOLUTION 3.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A FIRE PROTECTION AGREEMENT WITH ORANGE COUNTY (96-12-4/R-3)

 

WHEREAS,  the unincorporated area in which Winter Drive, Meadow Lane and the adjoining properties are adjacent to Chapel Hill; and

 

WHEREAS,  the Chapel Hill Fire Department has in the past years provided fire protection when needed; and

 

WHEREAS,  providing fire protection for this area does not change any current level of service for the residents of Chapel Hill;

 

NOW THEREFORE BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby authorizes the Mayor to sign an agreement to provide fire protection to the unincorporated areas of Winter Drive, Meadow Lane and adjoining properties.

 

This the 4th day of December, 1996.

 

THE MEETING STOOD  ADJOURNED AT 11:17 P.M.