PUBLIC HEARING OF THE CHAPEL HILL TOWN COUNCIL

                                         TUESDAY, JANUARY 21, 1997 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order at 7:00 p.m.  Council Members present were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton (arrived at 7:10), Richard Franck, Pat Evans, Lee Pavăo, and Edith Wiggins.  Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Flo Miller, Planning Director Roger Waldon, Engineering Director George Small, and Planners Lorie Tekiele and Rob Wilson.

 

           Item 1 - Public Forum on Final Report of the UNC-Chapel Hill Planning Panel

 

Town Manager Cal Horton noted that  the Planning Panel's final report represents the culmination of a lot of hard work in cooperation with the University and Carrboro, along with representatives of Orange County, as well.  He stated the report contains an assessment of the University's land use plan for the Horace Williams and Mason Farm tracts.

 

Mayor Waldorf stated she was the chair of the Planning Panel and hopes that the Council will agree to ask the University to make this document a reference document to be used when projects are proposed.  She said she is pleased that transit corridors have already been designated in this area and that it appears a stormwater management plan is moving forward.

 

Dan Coleman commented that under the environment and ecology goals, the second goal has to do with conserving natural resources, and to the best of his knowledge energy conservation is not addressed by JJ&R.  He feels an opportunity is being missed if this idea is not incorporated into the development of this property.  Mr. Coleman also stated that in the report under Hazardous Waste Sites, an action plan is being developed for this site.  He said the University had a meeting in December, 1995 on that plan, and he does not believe any further information has been offered to this date.  Mr. Coleman encouraged the Council to discover any progress that has been made on this issue.

 

Mayor Waldorf commended Planner Lorie Tekiele for her fine work as staff liaison to the Planning Panel.

 

Mayor Pro tem Brown asked what was the process to be used to include the comments from tonight's hearing.  She stated comments that had been made at previous meetings did not seem to be included in the materials.  Mayor Waldorf commented that the materials were a compilation of all the meetings that had taken place to date.  She stated that this report has essentially been ratified by the Council.

 

Mayor Pro tem Brown stated that the goal of energy conservation should be included.

 

Council Member Capowski said energy conservation was included on page 10 of the report.

 

Council Member Andresen said everyone who had worked on this committee should be commended.  She said she is concerned about what happens next, and what process will be used.  Council Member Andresen stated that the Council had spent two and one-half years on this issue, and that the work of this committee should be ratified by the UNC Board of Trustees.

 

Council Member Capowski said the primary work of the Planning Panel was to express their goals and desires to JJ&R, and assuming the Board of Trustees adopts the JJ&R report, then the Council will get what they want.  He commented that the Board of Trustees was scheduled to adopt the JJ&R report on January 24th.

 

Council Member Andresen asked if this report is the same as the JJ&R report.

 

Mayor Waldorf stated that in substance, they are very much alike, with the exception of some maps and other items.  She asked if Council Member Andresen was asking that the Panel's report be endorsed by the Board of Trustees as well as JJ&R's report.

 

Council Member Capowski commented that the primary function of the work of the Planning Panel was to express the Council's goals to JJ&R, the consultants who were charged by the University to plan for development of the Horace Williams and Mason Farm tracts.  He said he believes that the Council's desires were almost totally expressed in the JJ&R plan which is going to the UNC Board of Trustees on January 24th, so in effect the Council is getting what they want.

 

Council Member Andresen responded that we should not just send a resolution of appreciation, we should actually ask for endorsement of the Planning Panel's report.

 

Mayor Waldorf asked if Council Member Andresen was asking for the Council to request that the Planning Panel's report be made a part of the University's plan.  Council Member Andresen answered yes.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION R-1 ACCEPTING THE REPORT OF THE PLANNING PANEL, AND ADDING LANGUAGE REFERRING THE REPORT TO THE UNC BOARD OF TRUSTEES WITH A REQUEST THAT IT BE ACCEPTED AS A REFERENCE DOCUMENT ALONG WITH JJ&R’S REPORT AT UNC’S BOARD OF TRUSTEES MEETING ON JANUARY 24TH, 1997.  THE MOTION WAS ADOPTED UNANIMOUSLY.

 

A RESOLUTION AUTHORIZING THE MAYOR TO FORWARD THE UNC-CHAPEL HILL PLANNING PANEL’S FINAL REPORT TO THE UNIVERSITY FOR THEIR ENDORSEMENT AS A REFERENCE TOOL AS THE BOARD OF TRUSTEES CONSIDERS ADOPTING LAND USE PLANS FOR THE HORACE WILLIAMS AND MASON FARM TRACTS (97-1-21/R-1)

 

WHEREAS, the UNC-Chapel Hill Planning Panel has prepared a final report which provides an assessment of how the University’s land use plans incorporate the most significant goals and principles for the development of the Horace Williams and Mason Farm tracts; and

 

WHEREAS, the Town Council has received the Planning Panel’s final report and endorses its recommendations;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Mayor to forward the UNC-Chapel Hill Planning Panel’s Final Report to the University for their endorsement as a reference tool as the Board of Trustees considers adopting land use plans for the Horace Williams and Mason Farm tracts.

 

BE IT FURTHER RESOLVED that the Council refers the report to the UNC Board of Trustees and requests that it be accepted as a reference document along with JJ&R’s report at UNC’s Board of Trustees meeting on January 24th, 1997.

 

This the 21st day of January, 1997.

 

Mayor Waldorf asked the Council to consider Resolution R-2

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION R-2.  THE MOTION WAS ADOPTED UNANIMOUSLY.

 

A RESOLUTION OF APPRECIATION TO THE BOARD OF TRUSTEES

AND TO THE CHANCELLOR AND STAFF OF THE UNIVERSITY

OF NORTH CAROLINA AT CHAPEL HILL (97-1-21/R-2)

 

WHEREAS, representatives of the University of North Carolina at Chapel Hill have actively sought comments and participation by citizens and by the Town government in the University’s planning process for the Horace Williams and Mason Farm tracts; and

 

WHEREAS, the University’s representatives have heard with open minds the community’s concerns; and

 

WHEREAS, the  Mayor and Council believe that the University’s proposed land use plans for the Horace Williams and Mason Farm tracts would enable the University to pursue its service missions in a way that is flexible, orderly and in harmony with the community’s interests and planning goals; and

 

WHEREAS, the Mayor and Council desire to thank Chancellor Michael Hooker for his willingness to engage in a Gown and Town exploration of matters of mutual interest and concern; and

 

WHEREAS, Chancellor Hooker on January 25, 1996, reaffirmed the University’s desire for a cooperative planning process, and expressed the University’s support for the Town’s goal of recovering the capital and operating costs of services to the University, as set forth more fully in the Chancellor’s letter; and

 

WHEREAS, the Mayor and Council also commend Messrs. Bruce L. Runberg, Associate Vice Chancellor for Facilities Management, and  Edward A. (Ted) Hoskins, Architect in the Facilities Planning and Design office; and the firm of JJ&R, the University’s planning consultant for the Horace Williams and Mason Farm tracts; for their work with the Town; and

 

WHEREAS, the Mayor and Council desire to continue and to strengthen the open communications  and positive relationship between the University and the Town;

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Chapel Hill that the Mayor and Council hereby express their appreciation and thanks to the Board of Trustees and to the Chancellor and staff of the University of North Carolina at Chapel Hill for the cooperative, positive participation of the University’s representatives in discussions with representatives of the Town of Chapel Hill and with citizens in the community.

 

BE IT FURTHER RESOLVED that the Mayor and Council express appreciation to Chancellor Hooker for his support of fiscal equity as set forth in his letter of January 25,  1996, and authorize the Manager to enter into discussions with the University administration regarding means of pursuing fiscal equity including cooperation and sharing of resources.

 

This the 21st day of January, 1997.

 

                             Item 2 - Special Use Permit Application for Days Inn Motel

 

Mr. Horton stated this is a follow-up hearing due to the amount of additional information that has been submitted concerning this project.

 

Planning Director Roger Waldon summarized the key issues which arose during the November 18, 1996 public hearing: impervious surface, modification of Resource Conservation District regulations, stormwater impact, underground electrical lines, economic factors/tax base, appearance issues, and alternatives to asphalt pavement.  Mr. Waldon indicated a Stormwater Impact Statement was included in tonight's materials, and said that a detention basin had been added to the stipulations.  Mr. Waldon stated that imperious surface area generated quite a bit of discussion at the last hearing, and said the applicant has reduced the proposed amount of impervious surface to 30%, which is what the Resource Conservation District ordinance calls for.  Mr. Waldon reminded the Council that the applicant is asking for a modification to the Special Use Permit to allow a larger floor area than is currently allowed.  He said the staff's recommendation is to adopt Resolution A.

 

Bruce Ballentine, speaking for the applicant, commented on the process which the project had gone through to date, including the advisory board process.  He listed the number of stipulations which have been added to the resolution in response to the advisory boards' comments.  Mr. Ballentine stated that for tonight's public hearing, they have modified the site plan to reduce the impervious surface area by shifting some parking spaces near the dumpster area.  He said they also changed from standard parking space sizes to compact sizes.  Mr. Ballentine said they were also asked to prepare a Stormwater Impact Statement, which they have done and is included in tonight's materials.  He said they have also addressed building appearance and asked that the exhibits prepared be entered into the public record.  Mr. Ballentine asked that the Council adopt Resolution A.  He indicated that five of the stipulations in the Manager's report have already been addressed, those being  8e, 8f, 9, 15a, and 17.

 

Herschel Slater stated he hoped the Council would allow Days Inn to be constructed.  He said he does not believe construction of this facility will increase the potential for flooding.  Mr. Slater stated he firmly supports the Resource Conservation District ordinance, but he believes this facility is in the best interest of the Town.

 

Dan Coleman stated there is already too much development in the Resource Conservation District in the Bolin Creek area, and it is impossible to do the right thing in this area.  He said this project should not demand such extraordinary measures in order to be constructed.  Mr. Coleman said he believes the Resource Conservation District ordinance may need to be revised, and he believes it should be strengthened or adjusted before any other construction is approved.

 

Jean Black Yarnell stated she lives near the creek and her property occasionally floods.  She stated she has lost books, clothing and appliances to flooding.  Ms. Yarnell said the difficulty is that nothing has been done to limit the flooding, rather she has seen an increase in frequency and water level.  She asked the Council to have empathy for her and her neighbors.

 

Chris van Hassell stated the biggest concern about this project is the precedent it will set, and that its approval will not be in the best interest of the Town.  He stated it would encourage similar modifications from other applicants.  Mr. van Hassell encouraged the Council to vote against the project.

 

Jonathan Wahl, a resident of Briarcliff, said he was every concerned about the flooding in this area.  He said he has long been a supporter of the Resource Conservation District ordinance.  Mr. Wahl said when he undertook expansion of his residence, he had to go through quite a long process in order to do so.  He said the last thing needed was more impervious surface upstream.  Mr. Wahl stated that this is an opportunity for the Council to demand a much stricter adherence to the Resource Conservation District ordinance and other ordinances like it.  He said he is not against development, but flooding is a very real problem and he relies on the Council to protect his property.

 

Danny Fox stated he favors approval of the project, stating when developed the property would give visitors to Chapel Hill an attractive first impression, and encouraged the Council to approve the project.

 

Miles Fletcher said his neighborhood is affected by the frequent flooding, and believes this project will increase the runoff and therefore increase flooding.  He stated that even a small increase in flooding may mean that during the next storm, water would enter a home.  Mr. Fletcher said approval of this project would encourage other applicants to ask for the same type of modifications.

 

Bill Bunch encouraged the Council to support the project.  He stated he has trust in the advisory boards and believes the project will be beneficial to the Town, certainly increasing the tax base as well as increasing sales tax revenue.  Mr. Bunch said the appearance of this area will be significantly enhanced and believes the pros of the project outweigh the cons.

 

Darrah Degman, a resident of Willow Drive, stated her area floods drastically during storms, and asked the Council not to approve the project.

 

Valerie Broadwell, president of the Little Creek Neighborhood Association, asked that the Council deny the project.  She asked why the applicant was not required to request a variance from the Board of Adjustment.  Ms. Broadwell also asked what the status is of the recalculation of the FEMA maps.  She understood they were being redone, but has not been able to obtain that information.  Ms. Broadwell said the project should not be approved until these maps are recalculated.  She said the applicant is asking for a huge exception in floor area.  Ms. Broadwell said she believes there is a consistent chiseling away at the Resource Conservation District ordinance, and the citizens trust that the Council will protect their interests.

 

Catherine Newbury stated her home suffered major damage during the recent hurricane.  She said she is opposed to the current project, because the proposed floor area is significantly larger than the ordinance allows.  She said one reason the ordinance puts a limit on the square footage allowed is to limit pollution.  Ms. Newbury said this project would set a precedent and would encourage other applicants to request similar modifications.  She said that the retention pond proposed by the applicant would not improve flooding conditions.

 

Glenn Campbell, an employee of UNC Hospitals, spoke in favor of approval of this project.  He stated that many families travel large distances to receive treatment for family members, and modest housing is in great demand.  Mr. Campbell said it is difficult to find such accommodations close to the hospitals, and would support any facility of this type.

 

Stick Williams said he believed the Council must vote on each project based on its merit, and it was not fair to expect otherwise.  Mr. Williams said he believes this project will improve the appearance of the area, and hopes the Council will also consider the long-term financial impact, mainly diversifying the tax base.

 

Council Member Chilton stated materials presented by Mr. Art Werner suggested an error in the applicant’s Stormwater Impact Statement.  He asked that staff determine if an error was made and needed correction.  Council Member Chilton also requested that Mr. Werner’s written comments be included in the permanent record of this meeting.

 

Council Member Andresen asked if the Council is required to meet the findings that a Board of Adjustment would be required to make.  She said she understood the basis upon which the staff is recommending approval for this project is the clause involving "meeting a public purpose", and said she would be interested in knowing how far that flexibility could be carried.  She asked if staff had asked the applicant to make some major mitigation effort in floor area.   Council Member Andresen said she is also concerned about maintenance of the detention ponds, commenting that maintenance was very important. Council Member Andresen also requested that staff discover the status of the FEMA map recalculations and if there was any guess on how they will change.

 

Council Member Evans asked about design of the drive aisles.  She said some parking areas are constructed so they become shallow detention basins.  Council Member Evans asked if we could be creative and use this type of requirement.  She commented that the Franklin Street Small Area Plan #1 and #2 had been adopted, and this creek was included in that study.  She asked if easements could be reserved in this area so that open space would be available in the future.

 

Mayor Pro tem Brown asked if stormwater management had been adequately addressed.  She also asked who would be responsible for inspection of the detention basins, and if the detention basin was the main avenue for protection from flooding.  She said the Council needs a clear idea of what will not drain into this detention basin and where it will go.  She also asked about the standards for the basin.

 

Council Member Capowski asked Town Engineer George Small if he agreed with the applicant's Stormwater Impact Statement.  Mr. Small said yes.  Mr. Capowski asked whether the residents downstream would be better off or worse off if this project were approved.  Mr. Small said the detention basin should reduce slightly the existing rate of flow during a ten year storm.  He said that during a larger storm, the percentage of this site is such a small percentage of the flooding area that it would be impossible to calculate its effect. Council Member Capowski stated that in Resolution A on page 9, the drive aisles and parking lots are to be constructed to Town standards.  He said if we want to minimize impervious surface, we could scale back and build the absolute minimum.  Mr. Small stated that the impervious surfaces have been minimized dramatically, while attempting to keep the area useable.

 

Mayor Waldorf stated that after tropical storm Jerry, a citizen had commented that the Town had been presented with engineering options to decrease flooding in these areas.  Mr. Small responded that a Corp of Engineers study was done several years ago after a flood event, and their suggestions included channelization and levies on the lower ends of those creeks.  Mayor Waldorf asked if there were other methods that could be used to improve downstream conditions.  Mr. Small commented that when large storms occur, the amount of water cannot be controlled.

 

Council Member Andresen said we should develop some financial means of solving these problems.

 

Council Member Chilton asked how much the required five foot sidewalk increases the total impervious surface.  He also asked if the road being constructed to a 25 foot cross section also increases the impervious surface.  He asked if our stipulations are increasing the impervious surfaces beyond what the applicant originally wanted.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE HEARING TO FEBRUARY 10, 1997. THE MOTION WAS ADOPTED UNANIMOUSLY.

 

        Item 3 - Preliminary Plat Approval Request for Standish Corner Cluster Subdivision

 

Mr. Waldon stated this preliminary plat application calls for 39 single-family lots on approximately 13.4 acres.  He said the property is located in the Residential-2 zoning district and the Watershed Protection District, adjacent to the east of the existing Standish Townhomes development, south of Old Chapel Hill Road and west of the Durham County line.

 

Mr. Waldon briefly highlighted the issues which have arisen during the review of this application.  He stated that the Council may approve a cluster subdivision in any residential district if it makes the required five findings.  Mr. Waldon said the applicant is proposing that instead of providing on-site recreation area, an in-lieu payment be made. The staff believes a payment-in-lieu payment is a reasonable solution, providing funds to improve nearby property.

 

John McAdams, speaking for the applicant, said they have attempted to provide a second means of access to the property by acquiring property on the north end, but was not successful.  He stated he believes the applicant has met all the stipulations indicated, except the recreation area.  He asked that the Council accept the payment-in-lieu option.  Mr. McAdams said they have provided the required buffers, and on the east side of the site there is a 20-foot strip of property which will be owned by the homeowners association.  He said they agree with all the stipulations recommended in Resolution A.

 

Mary Reeb noted that the Planning Board recommended this project by a 4-2 vote, with concerns expressed stating that any redevelopment in the resource Conservation District and floodplain should not increase the impervious surface or building footprint.  Ms. Reeb noted concern expressed that action should be delayed until FEMA updates the flood study for this area.

 

Dorothy Venable stated she has lived in her home for 14 months, and because the property surrounding hers was not properly graded, her property has remained wet during this period.  She said she has lost all of her trees and plants because of the wet ground, and she is concerned that the foundation of her home may be compromised.  Ms. Venable also stated mosquitoes are a concern.  She asked that the Council demand that her property and that of her neighbors be protected from further building and that the developer be made to improve the condition of her property.

 

David Feiner, president of the Association for Standish Townhomes, said they have had problems with Landwright Development Corporation from the beginning.  He agreed with the comments made by Ms. Venable, stating that Landwright has consistently ignored the concerns of the residents.  Mr. Feiner commented that the buffer that currently exists will be removed to provide road access, making traffic and safety a problem.  He commented Landwright should be made to correct existing problems before being allowed to increase their profits by building additional homes.

 

Carolyn Strayhall, a resident of Colony Lake, stated when their house was built, it was constructed 8 feet off from the approved site plan.  She said Landwright offered the excuse that they were attempting to save trees, but did not inform her of the site plan change.  Ms. Strayhall stated that as a result, instead of a view of the lake, they have a view of a fence.  She indicated this is evidence that Landwright is less than reputable.

 

Carl Strayhall, a resident of Colony Lake, asked the Council to deny this project.  He said they were told the lake would be dredged within the year, but it was never done.  He said punch list items, after fourteen months, are still outstanding.  He stated they discovered after moving in that the road had to be maintained at the owners’ expense.  He implored the Council to deny Landwright's permit.

 

Michael Levine, an attorney representing the Colony Lake Homeowners Association, stated that the roads in this project have deteriorated substantially, and the Town has refused to accept them for maintenance.  He said they will be very expensive to repair, and the Association therefore presents a petition to the Council asking that Landwright be denied a permit until the roads are corrected, the lake is dredged, and all other items are corrected.  Mr. Levine said if this permit is granted for this project, he asked that the applicant be required to correct the severe defects that exist in this neighborhood.

 

Anne-Marie Franck, a resident St. Andrews Lane, stated that a cluster development must provide recreation space.  She indicated that the definition of a cluster development does not indicate that a payment-in-lieu may be accepted.  Ms. Franck said that the lot the Manager indicated could be improved with the payment-in-lieu funds was not appropriate for a recreation area, because it is not flat or dry.

 

Landon Whitt, a resident of St. Andrews Lane in Colony Lake, stated the residents have continuing problems with drainage.  He asked that the Council require Landwright to resubmit an application which addressed the present problems.

 

Xide Zhao asked that the Council not allow Landwright to build the proposed project.  He stated that Landwright had not treated him in a professional manner, and after 18 months and repeated requests, repairs are still outstanding.  Mr. Zhao said the carpet installed was of a poorer quality than that stated in his contract, and that the storage area was constructed improperly and was never corrected.  He stated that he has set up appointments on several occasions to discuss these problems with Landwright, but no one showed up for the meeting and no explanation was given.  Mr. Zhao said that he did not believe the Town wanted this type of builder doing business here.

 

John O'Brien, a resident of Colony Lake, stated Landwright should be denied permission to construct the cluster subdivision until the current problems are resolved.  He stated there are numerous drainage problems throughout the area.

 

Xue Feng Wang, a resident of Colony Lake, stated he is strongly opposed to Landwright being granted approval to construct the cluster subdivision.  He said his driveway was not constructed properly and it was damaged during construction of his neighbor’s house and never repaired.  Mr. Wang stated he has asked Landwright on several occasions to fix a problem, they have always agreed, but no repair was ever done.  He said it is exhausting and frustrating to deal with Landwright.  Mr. Wang said the roadway is terrible and Landwright has acted irresponsibly to the residents.

 

Ken Rudo, a resident of Colony Lake, stated he and his neighbors have given the Council important information tonight concerning the reputation of the developer and their disreputable dealings with the residents.  He asked the Council to take into consideration the comments made this evening, and asked the Council to stand with this neighborhood and protect them from the damage that has already been done and from further damage.

 

Jim McNaull stated he lives on Clark Lake, and he believes that this development will increase flows into Clark Lake.  He said they receive mud from the Colony Lake area into Clark Lake, and if the Council approves this cluster development, the Council would not have lived up to its commitment to protect the health, safety and welfare of the citizens of Chapel Hill.

 

Linda Convissor, of 207 White Oak Drive, stated that local governments are turning over the maintenance of infrastructure to homeowners associations at an alarming rate.  She said she does not believe these associations are equipped to do that.  She said she believes it is important to ask if a 39 home subdivision could maintain the standards set forth by the Council.  Ms. Convissor said because of some maneuvering, Landwright does not have to improve Old Chapel Hill Road.  She said if this development is approved, the persons who own adjoining lots will have to pay the price for improvements of that road.  Ms. Convissor stated that the traffic counts taken for this project do not reflect the traffic on Old Chapel Hill Road.

 

Council Member Andresen asked for a transportation update mentioned by Ms. Convissor.  She said she is concerned about turning over maintenance of roads to a homeowners association.  Council Member Andresen commented she has sympathy for the residents and the problems they are encountering.  She said she is concerned about Zoning Compliance Permits, and that the standards be maintained so that problems such as those stated tonight can be identified and corrected.

 

Council Member Capowski said this project looks like a regular residential project to him, not a cluster subdivision.  He asked that the staff offer the reasons why this project is being presented as a cluster subdivision.  Council Member Capowski asked Town Attorney Ralph Karpinos what kind of leverage the Town would have if Landwright does not adhere to the stipulations the Council requires.  He also asked about the payment-in-lieu of recreation space, and where the residents would go if on-site recreation area is not required.

 

Mayor Pro tem Brown asked that the article regarding stormwater design be entered into the record. She asked if the maps presented tonight served as a drainage plan for this subdivision.  Mr. Waldon commented that the ordinance required attention to drainage and their practice has been to require the applicant to address stormwater management on site.  He said that the requirements changed on January 1st, requiring a Stormwater Impact Statement be submitted with the plans.  Mayor Pro tem Brown asked if this plan supplied by the applicant is the actual drainage plan.  Mr. Waldon said it is a part of that plan, and that stipulations have been included in the resolution.  Mr. Horton said a formal Stormwater Management Plan is not required until final plans are submitted.  Mayor Pro tem Brown said she believes that information is needed in order to make a clear decision.

 

Council Member Wiggins asked of the other parts of this development which have been built, were there stipulations which had to be met?  Mr. Horton stated yes.  Council Member Wiggins asked that when the follow-up information was presented, that those stipulations be checked to see if the developer met them.

 

Council Member Chilton stated Mr. McNaull spoke about water drainage across the roadway.  He asked the staff to obtain some clarification regarding this issue.  Council Member Chilton also asked if any of this property is located in the Resource Conservation District and asked the staff to clarify the statement made about wildlife on Clark Lake.

 

Council Member Franck stated the whole point of a cluster subdivision is to leave space available for a recreation area.  He commented he agrees that a payment-in-lieu should not be accepted for a cluster subdivision, and asked the staff to research this point.

 

Council Member Evans asked if we ever check with the Attorney General's office about the reputability of a developer.  Mr. Horton stated no.

 

Mayor Waldorf expressed her dissatisfaction with the payment-in-lieu of recreation space, and asked staff to comment when this comes back before the Council.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECESSED THE HEARING TO MARCH 3, 1997.  THE MOTION WAS ADOPTED UNANIMOUSLY.

 

Item 4 - Proposed Development Ordinance Text Amendment

Regarding Town Center Conditional Use Zoning

 

Mr. Horton stated this Development Ordinance Text Amendment was proposed to create parallel conditional use districts for the Town Center-1 and Town Center-2 zoning districts with possible application to the corner of West Rosemary Street and Sunset Drive.

 

Mary Reeb, representing the Planning Board, stated the Board supported this proposed text amendment, and asked the Council to consider expanding the proposal by establishing parallel conditional use zoning districts for all of Chapel Hill's residential zoning districts.

 

Council Member Capowski asked how the Planning Director felt about this proposal.

 

Mr. Waldon commented that it would create about seven more zoning districts.  He stated that more zoning districts would give the Council more control within each of those districts.  Mr. Waldon said the staff had thought about this previously.

 

Mayor Waldorf asked if the Council would like to have the Planning Board discuss this proposal further.  The Council agreed by acclamation.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO REFER THE QUESTION OF CONDITIONAL USE ZONING BACK TO THE MANAGER AND STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY.

 

                Item 5 - Petition for Annexation of OWASA-Owned Land Near Ironwoods

 

Mr. Horton commented that this is a voluntary annexation of a small parcel of land owned by OWASA.  He said the purpose of the annexation is to complete the Town's annexation boundary in that area.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THIS ITEM BACK TO THE MANAGER AND STAFF.  THE MOTION WAS ADOPTED UNANIMOUSLY.

 

The meeting was adjourned at 9:50 p.m.