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.