MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MARCH 3, 1997 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order at 7:03 p.m.  Council Members in attendance were Julie Andresen (arrived at 7:08 p.m.), Joyce Brown, Joe Capowski, Mark Chilton (arrived at 7:30p.m.), Pat Evans, Lee Pavao and Edith Wiggins.  Council Member Richard Franck was absent excused. 

 

Public Hearing on Crime Reduction Grant

 

Mr. Horton presented an overview listing of proposed uses for the grant funds.   Noting that there was no one in attendance to speak on this item, Mayor Waldorf asked whether or not there were any questions by Council Members.  There were no questions by Council Members.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER THE MATTER TO THE MANAGER.  THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

 

Public Hearing on Community Development Grant Funds

 

Long-Term Planning Coordinator Chris Berndt presented an overview of the staff’s proposal on this matter.

 

Ted Parrish stated that EmPOWERment, Inc. and the Knolls Development Association were working together to provide homeownership opportunities in the Knolls community.  He requested that the Council provide $70,000 in funding for continuation of this program.

 

Myles Presler also requested that the Council provide funding of $70,000 for the joint EmPOWERment, Inc. and Knolls Development Association project.

 

Maxecine Mitchell, speaking on behalf of the EmPOWERment, Inc. Board of Directors, said the Board felt that the Knolls community  project was working well and requested that the Council continue its program funding.

 

Andrew Foster, a Director of the EmPOWERment, Inc. Board, said that the Board was committed to the provision of affordable housing through programs such as the Knolls Development Association’s home revitalization program.

 

JOCCA Executive Director Gloria Williams said the JOCCA Board and staff urged the Council to postpone possible transfer of program administration of the Knolls program to EmPOWERment, Inc.  until further information could be obtained on this matter.  Ms. Williams stated that JOCCA would be willing to assist in efforts related to the Knolls program.

 

Stating that many residents of the Knolls community had worked hard to improve their community, Virginia Barbee said although some people were too lazy to work, the work of EmPOWERment, Inc. to date with the Knolls program had been wonderful.   Ms. Barbee said it was very important that more members of the African-American community attempt to help the Knolls community, rather than fight with one another.

 

Harvey Reid read a letter from the Board of the Knolls Development Association thanking the

Town for its financial support of the Knolls housing program.  Mr. Reid said he believed that all parties could work together to attain positive results in the Knolls program.

 

Termaine Kyles said that he concurred with Ms. Barbee’s and Ms. Williams’ remarks.  He requested that the Council continue its support of the Knolls program. 

 

Keith Edwards expressed her concerns about the diminishing stock of affordable housing in the Chapel Hill area.  She requested that the Council extend funds for affordable housing into the Northside area of the Town.   A copy of Ms. Edwards remarks are on file in the Town Clerk’s Office.

 

Lei Knight, a resident of the Pine Knolls community, said she had a lot of respect for the work of EmPOWERment, Inc., including the efforts of Harvey Reid and Ted Parrish.  Ms. Knight said she believed that the Knolls housing program was a wonderful one and was worth saving.

 

Council Member Andresen inquired why the item did not take contain a staff recommendation.  Noting that this evening’s item was a public hearing item, Mr. Horton said an item later on this evening’s agenda requested that the Council authorize staff to continue to talk with representatives of the Knolls program.  He also noted that it was unusual for the Council to be asked to pay administrative salaries for this type of program.

 

Stating that the Council’s first allegiance should be to the Town’s existing public housing communities, Council Member Capowski asked whether it was realistic to put $20,000 into a revolving loan fund.

 

Stating that many organizations supported the goals of the Pines Community Center, Council Member Evans requested that staff provide a report on giving to 501 c 3 organizations such as the Center.

 

Council Member Wiggins said she would like to see strategies to continue the empowerment of residents of the Knolls community.  She stated that EmPOWERment, Inc. should not take over the affairs of the community’s residents.  

 

Stating that all of the Council wanted to make the Knolls development/housing program work, Mayor Waldorf inquired whether or not sixty percent was a reasonable median income qualification level for the program.  She inquired whether the Council wished to revisit a level of seventy percent or some other percentage.  There was Council concurrence on this point.  Mayor Waldorf also requested a follow-up report from staff on what the Town would receive for $50,000 expended for the program’s administrative costs.

 

Stating that the Council had earlier worked out a  program agreement with the Pines Community Center, Mr. Horton noted that the Pine Knolls Center was suggesting a possible rearrangement of the existing agreement, including new parties.  He stated that staff was willing to examine any such proposals.  Noting that $78,000 in program funding was under review, Council Member Wiggins said the Council had some right to say how these funds would be used.  Referencing Ms. Edwards’ earlier remarks, Council Member Wiggins noted that she had lived in a minority neighborhood for approximately thirty years.

 

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER COMMENTS AND THE MATTER TO THE MANAGER AND ATTORNEY.  THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

 

Petitions

 

Dianne LeMasters, Chair of the Parks and Recreation Commission, stated that the Commission was requesting a clarification of the Council’s action on the possible cooperative venture with Mr. Sam Longiotti regarding the future development of Pritchard Park.   Stating that existing on-site parking at the library facility was sometimes inadequate, Ms. LeMasters said that Mr. Longiotti’s proposal was to make more parking available for Pritchard Park and the Siena Hotel, and to provide shared recreational amenities between the two facilities.   She also said if the Council were to reconsider a possible public/private venture with the Siena Hotel, then a parking lot could possibly be located along an existing driveway between the Texaco station and the library property.

 

COUNCIL MEMBER EVANS MOVED,  SECONDED BY COUNCIL MEMBER PAVAO, TO RECEIVE AND REFER THE PETITION FROM THE PARKS AND RECREATION COMMISSION.

 

Council Member Andresen asked whether Council Member Evans was proposing that the matter come back as an agenda item to reconsider its earlier decision.  Council Member Evans said this was correct.  Mayor Waldorf said she was not sure that the matter needed to be an action item. 

Ms. LeMasters urged the Council not to close the door on the possibility of a public/private parking lot venture in the future.   

 

Noting that the item could be removed if a Council Member wished to do so, Council Member Chilton suggested that the item be placed on the Information Reports section of a future Council meeting agenda.  Council Member Evans said she hoped that the item could be placed on the regular business meeting portion of a future Council agenda.   Noting that funds were available for the future development of  Pritchard Park, Mr. Horton stated that  after receiving the conceptual plans for the park, the Council could entertain whether or not it wished to proceed with a proposal such as the one recently offered by Mr. Longiotti.

 

Stating that she thought that the Council’s earlier majority vote on this matter was quite clear, Council Member Brown said this vote did not preclude the Council considering a conceptual plan in the future.  Mr. Horton said he was simply suggesting that staff could prepare a resolution regarding a conceptual plan for the park on a future Council agenda.

 

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

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADD AN ITEM TO THIS EVENING’S CONSENT AGENDA ITEM, EXPRESSING THE COUNCIL’S OPPOSITION TO THE PROPOSED “RAMS ROAD” CONNECTION TO MANNING DRIVE FROM THE SMITH CENTER.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO TRANSFER THE RESOLUTION REGARDING ISTEA FUNDING FROM AGENDA ITEM #15 TO THE END OF THIS EVENING’S  CONSENT AGENDA.

 

Mayor Waldorf said the resolution’s intent was to end North Carolina’s role as a “donor” state on ISTEA funding matters.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO MOVE THE ITEM REGARDING THE PREPARATION OF COUNCIL MEETING MINUTES TO THE MARCH 14TH SESSION IF THE COUNCIL WERE UNABLE TO GET TO THE ITEM AS PART OF THE MARCH 3RD AGENDA.

 

Council Member Wiggins noted that the March 14th planning session agenda was quite long.

 

THE MOTION WAS ADOPTED UNANIMOUSLY  (8-0).

 

Council Member Chilton requested that staff provide a follow-up report on the possibility of

providing civic leave for Town employees voluntarily serving as election officials.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Noting that the Dixie Climbing competition, the South’s premiere indoor climbing competition, had taken place last weekend, Council Member Chilton expressed appreciation to Bill Webster and James Bryant for their assistance in coordinating the competition’s events.

 

Consent Agenda

 

Council Member Capowski suggested that Resolution 4 regarding Orange County funding of Town Parks and Recreation and Library services and Project Turnaround be delivered by the Mayor or a Council Member at one of the Orange County Commissioners’ budget hearings.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO  APPROVE THE CONSENT AGENDA AS PRESENTED (INCLUDING THE TWO  ITEMS PROPOSED BY MAYOR WALDORF AND COUNCIL MEMBER BROWN).  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(97-3-3/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 January 13, 1997.

b.      Phi Gamma Delta fraternity’s request for expedited review of development application (R-2).

c.       Request to continue the hearing on the proposed Standish Corner subdivision to April 14 (R-3).

d.      Request to Orange County regarding Library, Parks and Recreation and Project Turnaround funding (R-4).

e.       Energy Policy (R-5).

f.        Proposal to modify Northern Community Park Special Use Permit (R-6).

g.       Transfer of the contractual responsibilities of the Pines Community Center, Inc. Homeownership Program. (R-6.1).

h.       Sidewalks Project Bid Award (R-6.2).

          i.    Proposed Road Connecting Bowles Drive and Manning Drive (R-6.3).

          j.    Principles to be Considered in Reauthorization of 1991 Intermodal Surface

                 Transportation Efficiency Act (R-16).

 

This the 3rd day of March, 1997.

 

A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF THE APPLICATION FOR SPECIAL USE PERMIT TO RECONSTRUCT THE PHI GAMMA DELTA FRATERNITY HOUSE  (97-3-3/R-2)

 

WHEREAS, the Town of Chapel Hill has received a verbal request from the Phi Gamma Delta fraternity for expedited review of the application for a Special Use Permit to reconstruct the fraternity house; and

 

WHEREAS, the Phi Gamma Delta fraternity house is located in an aesthetically significant area of Town; and

 

WHEREAS, the current structural state of the fraternity house could be a potential safety hazard;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of the Special Use Permit application for the proposed reconstruction of the Phi Gamma Delta fraternity house in a manner that will speed review without sacrificing breadth or depth of analysis.

 

This the 3rd day of March, 1997.

 

A RESOLUTION TO CONTINUE THE STANDISH CORNER SUBDIVISION PUBLIC HEARING (97-3-3/R-3)

 

WHEREAS, the Council of the Town of Chapel Hill has considered a request from the Standish Corner Cluster Subdivision developer requesting a delay of the subdivision’s continuation of Public Hearing from March 3, 1997 to April 14, 1997;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby continues the Public Hearing for Standish Corner Cluster Subdivision from March 3, 1997 to April 14, 1997.

 

This the 3rd day of March, 1997.

 

A RESOLUTION REGARDING ORANGE COUNTY’S CONTRIBUTIONS TO THE COST OF THE TOWN OF CHAPEL HILL’S LIBRARY AND PARKS AND RECREATION SERVICES TO COUNTY RESIDENTS (97-3-3/R-4)

 

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

 

1.      Thanks the Orange County Board of Commissioners for increasing the 1996-97 annual contribution to the Chapel Hill Public Library by $20,000 and for deciding to allocate $100,000 over two years to the Hargraves Center gymnasium project.

 

2.      Asks the Commissioners to increase the County contributions for the Town’s library services to County residents in 1997-98 increase the annual $67,144 basic contribution to parks and recreation operating costs and provide the second $50,000 for the Hargraves gymnasium project as previously discussed by the Commissioners..

 

3.      Authorizes the Library Board of Trustees and the Parks and Recreation Commission to make presentations to the Board of Commissioners in the 1997 County budget process regarding the need to increase funding for these services to Chapel Hill residents.

 

4.      Thanks the Board of Commissioners for the County’s current support of Project Turnaround and requests an increase from $30,000 in 1996-97 to $50,000 in 1997-98.

 

This the 3rd day of March, 1997.

 

 

A RESOLUTION APPROVING THE PROPOSED TOWN ENERGY POLICY (97-3-3/R-5)

 

WHEREAS,  the Citizens' Energy Task Force, on September 27, 1995, reported their findings to the Council, recommending that the Town adopt an Energy Policy; and

 

WHEREAS, the Town Manager and the Citizen’s Energy Task Force have reviewed and concurred in the attached proposed Energy Policy;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts and approves the attached Energy Policy and authorizes the Town Manager to implement it.

 

This the 3rd day of March, 1997

 

A RESOLUTION DIRECTING THE MANAGER TO PROCEED WITH AN APPLICATION TO MODIFY THE NORTHERN COMMUNITY PARK’S SPECIAL USE PERMIT (97-3-3/R-6)

 

WHEREAS, the Council of the Town of Chapel Hill has approved a Special Use Permit for the Northern Community Park; and

 

WHEREAS, the Council of the Town of Chapel Hill has also approved a land trade with Freedom House Inc. in order to accomplish the requirements of the Northern Community Park’s Special Use Permit; and

 

WHEREAS, Freedom House Inc. has agreed to trade land with the Town in order to allow the development of park facilities; and

 

WHEREAS,  the services provided by Freedom House Inc. benefit the Chapel Hill community; and

 

WHEREAS, the existing boundaries of the Northern Community Park’s Special Use Permit would not allow Freedom House to both execute the land trade and expand its treatment facilities; and

 

WHEREAS, the following schedule would allow for the modification of the Northern Community Park’s Special Use Permit without hindering the review of the Freedom House Special Use Permit application:

 

Planning Board Review             March 4

Public Hearing                          March 17

Council Action                          March 24

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to apply for a modification of the Northern Community Park’s Special Use Permit and to schedule a public hearing for the modification request on March 17, 1997.

 

This the 3rd day of March, 1997.

 

A RESOLUTION AUTHORIZING THE MANAGER TO CONTINUE DISCUSSIONS AND NEGOTIATIONS WITH THE PINES COMMUNITY CENTER, INCORPORATED AND WITH EMPOWERMENT INCORPORATED CONCERNING THE TRANSFER OF THE HOMEOWNERSHIP PROGRAM TO EMPOWERMENT INCORPORATED (97-3-3/R-6.1)

 

WHEREAS, the Town entered into Performance Agreements with the Pines Community Center to create twenty homeownership opportunities through the Pines Community Center Homeownership Program; and

 

WHEREAS, the Boards of the Pines Community Center and EmPOWERment Incorporated have approved a plan to transfer the Pines Community Center Homeownership Program to  EmPOWERment Incorporated;  and

 

WHEREAS, EmPOWERment Incorporated has requested that the Town authorize the necessary legal documents to effect the transfer of the Pines Community Center, Incorporated Homeownership Program to EmPOWERment Incorporated; 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to continue discussions and negotiations with the Pines Community Center, Incorporated and EmPOWERment Incorporated to develop new program guidelines and discuss the legal issues of the transfer.

 

This the 3rd day of March, 1997.

 

A RESOLUTION AWARDING A CONTRACT FOR CONSTRUCTION OF THE PITTSBORO/MCCAULEY STREET SIDEWALK IMPROVEMENT PROJECT AND DIRECTING THE TOWN MANAGER TO HAVE THE SOUTH MERRITT MILL ROAD SIDEWALK IMPROVEMENT PROJECT CONSTRUCTED USING TOWN FORCES  (97-3-3/R-6.2)

 

WHEREAS, the Council of the Town of Chapel Hill awarded contracts on November 26, 1996 to C.C.S. General Contractors for construction of the Pittsboro/McCauley Street Sidewalk Improvement Project and the South Merritt Mill Road Sidewalk Improvement Project; and

 

WHEREAS, C.C.S. General Contractors failed to accept the awards in accordance with the contract documents; and

 

WHEREAS, the second low bidder for the above referenced sidewalk projects was Holmes Contracting, Incorporated; and

 

WHEREAS, it is the Council’s desire to proceed with both sidewalk improvement projects within the original project budget approved on November 26, 1996;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into a contract with Holmes Contracting, Incorporated in the amount of $187,496 for the Pittsboro/McCauley Street Sidewalk Improvement Project.

 

BE IT FURTHER RESOLVED that the Council directs the Town Manager to have the South Merritt Mill Road Sidewalk Improvement Project constructed by Town forces and to utilize Community Development Block Grant funds to the extent possible and practical for this project.

 

This is the 3rd day of March, 1997.

 

A RESOLUTION REGARDING THE ROAD CONNECTING BOWLES DRIVE AND MANNING DRIVE (97-3-3/R-6.3)

 

WHEREAS, the local governments within the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization conduct a twelve month process of preparing a Transportation Improvement Plan; and

 

WHEREAS, the annual Transportation Improvement Plan must receive citizen input, including public comment and public hearings from both local and regional venues; and

 

WHEREAS, the $1.2 million road project would be constructed on the UNC-Chapel Hill campus; and

 

WHEREAS, the road project would connect the parking lot on Bowles Drive by the Dean Smith Center with a parking lot located on Manning Drive, with the primary purpose being to alleviate traffic from the Dean Smith Center during games; and

 

WHEREAS, the Technical Coordinating Committee and the Transportation Advisory Committee of the Durham-Chapel Hill-Carrboro Metropolitan Organization had no previous knowledge of the project, does not know how this project affects the Urban Areas’s equitable formula, and does not know how this project may impact this year’s metropolitan TIP;

 

NOW, THEREFORE BE IT RESOLVED BY THE CHAPEL HILL TOWN COUNCIL:

 

1.  That the Council objects to the North Carolina Department of Transportation’s approval

      of this project outside the federally recognized metropolitan planning process.

2.  That this resolution shall become effective upon adoption.

 

This the 3rd day of March, 1997.

 

A RESOLUTION SUPPORTING PRINCIPLES TO BE CONSIDERED IN THE REAUTHORIZATION OF THE 1991 INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (97-3-3/R-16)

 

WHEREAS, the 1991 Intermodal Surface Transportation Efficiency Act included provisions that enhanced the role of local governments in the transportation planning and funding process; and

 

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has utilized the provisions of the Intermodal Surface Transportation Efficiency Act to improve coordination of transportation programs with the North Carolina Department of Transportation; and

 

WHEREAS, the Intermodal Surface Transportation Efficiency Act has allowed the Durham-Chapel Hill-Carrboro Urban Area to play a greater role in the development of the Transportation Improvement Program; and

 

WHEREAS, the United States Congress has begun the process of reauthorizing the Intermodal Surface Transportation Efficiency Act; and

 

WHEREAS, legislation known as STEP21 has been proposed as the framework for reauthorization of the Act; and

 

WHEREAS, the STEP21 legislation would result in the modification or elimination of significant provisions of the existing Act;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports the following principles for the reauthorization of the Intermodal Surface Transportation Efficiency Act:

 

·        States should receive a fair return of federal transportation taxes.

 

·        The current provisions of the Intermodal Surface Transportation Efficiency Act requiring the participation of local governments in the planning process and the development of the transportation improvement program should be retained and enhanced.  This should specifically include planning coordination with MPO’s.

 

·        Specific programs in the existing Act should be retained,  including:

 

-Surface Transportation Direct Allocation funding to urban areas over 200,000

            -The Enhancements Program

            -The Congestion Mitigation and Air Quality Program

            -Federal certification of the planning process.

 

This the 3rd day of March, 1997.

 

Council Member Brown requested removal of item b from the Information Reports section of the agenda for discussion at the end of the agenda.

 

Small Area Plan for Area North of Carrboro

 

Council Member Andresen said this process had been an eye opening experience for her.  Noting that the area under consideration would be important to the Town in the future, Council Member Andresen stated that funding of $1,800 was being requested to support this planning-related effort.  Council Member Evans noted that the Council was entitled to  be an active participant in the process since it was contributing a portion of funds for the project.  Council Member Chilton said he thought that the proposal was a good idea.

 

Mayor Waldorf inquired whether or not there was a commitment to the decisions arising from the proposed mediation sessions.  Council Member Andresen said she believed that the Carrboro Board of Aldermen was fully committed to the process.   Mayor Waldorf said it was really important to the Town that the area plan accept roadway configurations and transportation principles as part of the Horace Williams long-range land-use plan.  Council Member Andresen said she would follow up on this matter.

 

THE MOTION TO COMMIT $1,800 IN FUNDS FOR THE JOINT PLANNING EFFORT WAS ADOPTED UNANIMOUSLY (8-0).

 

Days Inn

 

Mr. Horton presented a brief overview of the proposal.  He noted that the applicant would be presenting a number of alternative site layouts to the Council this evening.

 

Bruce Ballentine, the applicant’s representative, showed a rendering of the proposed building.  He noted that the proposed project exceeded most of the Town’s environmental and stormwater regulations.  He stated that in response to a request from the Council, the applicant offered a number of proposals to reduce the amount of proposed impervious surface area on the site. Mayor Waldorf inquired about the calculation of impervious surface relative to option number one.  Mr. Ballentine presented a brief overview of options one, two and three and the applicant’s five other alternatives.  Noting that a proposed restaurant had been dropped from the site’s plans, Mr. Ballentine stated that the Design Review Board and Planning Board had both supported the applicant’s second site plan revision.  He noted that the applicant was satisfied with any of the alternatives before the Council this evening.

 

Mr. Ballentine said another alternative would be to reduce the number of rooms proposed for the inn.  He stated that although the industry standard for this type of  motel was one hundred to one hundred and twenty rooms, the applicant felt that a motel with fifty-nine rooms was viable.   Council Member Andresen inquired which alternate this was.  Mr. Ballentine said this was alternate C.  Mayor Waldorf inquired about the amount of impervious surface reduction attributable to alternate C.  Mr. Ballentine said this alternative would reduce the impervious surface by an estimated two thousand square feet.

 

Council Member Andresen asked whether the drainageway was on or off the applicant’s property.  Mr. Ballentine stated that there was presently a drainage ditch along the property line.  Noting that she had recently visited the site, Council Member Andresen inquired where the water went from this drainage ditch.  Mr. Ballentine said that the water tended to just sit there from time to time, especially after periods of rainfall.  Council Member Andresen inquired how many rooms were in the existing Tarheel Motel.  Mr. Amin, the owner, said there were twenty-five rooms.

 

Mayor Waldorf inquired about the possibility of the motel having a fine gravel, rather than a paved, parking lot.  Mr. Ballentine said the applicant would be willing to do this if this were the Council’s desire.  He also stated that curbing could be pulled in slightly to reduce the amount of impervious surface.  Mr. Ballentine said that the applicant could work with staff to reduce the amount of  impervious surface on the site.

 

Council Member Capowski inquired whether or not there were any two or three story buildings in the area.  Mr. Ballentine said the existing Holiday Inn was two stories tall. Council Member Evans stated that the Intimate Bookshop at Eastgate was also two stories tall.  Council Member Capowski asked whether or not a three story building would have an imposing facade.  Mr. Ballentine stated that a two story building perpendicular to U.S. 15-501 would be preferable to a three story  building parallel to U.S. 15-501.

 

Council Member Evans inquired whether or not it was correct that the proposed Days Inn would

result in a reduction in the amount of stormwater runoff compared to the existing Tarheel Motel.

Mr. Ballentine said this would be correct for the ten year, but not the one hundred year, storm.  He stated that there would be an estimated 0.03% increase in flow in the rate for the one hundred year storm.

 

Mike Amin, owner of the Tar Heel Motel, said he had been a taxpaying citizen of the Town for the past fourteen years.  Mr. Amin said he had begun work on his proposal in January, 1995 and changed the plans for his project a number of times.  Mr. Amin stated that the stormwater management and detention plans he was offering would decrease the chances of flooding in the area and downstream from his establishment.  Stating that he had worked very hard to comply with Town development regulations, Mr. Amin said that his special use permit request had been recommended for approval by the Planning Board, Appearance Commission and Design Review Board.  He also said that the proposed Days Inn would improve the site, the entranceway to the Town and the Town’s tax base.   Mr. Amin asked that the Council vote this evening on whether it favored the Tarheel Motel or the Days Inn.

 

Tom Higgins said that the proposed Days Inn would enhance a main entranceway into the Town. Mr. Higgins stated that to date Mr. Amin had paid over $97,000 in various fees relative to his application.  He also stated that the area in question, the Stroud lowlands, had always been prone to flooding.   Expressing concern for those property owners whose properties were prone to flooding, Mr. Higgins said that there had been an apparent lack of concern about flooding when

 the Town’s library and the East Chapel Hill High School had been approved for construction.

Stating that there needed to be reasonable exceptions to rules such as the Town’s Resource Conservation District regulations,  Mr. Higgins urged the Council to move ahead on this matter this evening.

 

Vaughn Greene, 427 Ridgefield Drive, said he was a stay-at-home father  with two children under the age of six.  He stated that after Hurricane Fran his yard, but not his home, was flooded.  Mr. Greene said that the interiors of other homes on his block flooded as a result of the hurricane. Requesting that the Council continue to enforce its Resource Conservation District regulations, Mr. Greene suggested that Mr. Amin might consider making bed and breakfast type arrangements at his existing establishment.

 

Noting that he had been following the Days Inn proposal with a lot of interest, Kevin Foy said that the Tarheel Motel was a locally run small business which guaranteed affordable rooms.  Mr. Foy also stated that the applicant’s proposal did not meet the Town’s existing Resource Conservation District standards.  He stated that the matter before the Council was how to balance allowing reasonable economic development to occur while protecting environmentally sensitive areas with existing regulations.

 

Victor Friedmann, speaking on behalf of the Executive Committee of the Alliance of Neighborhoods, said that the Alliance recommended that the Council reject the proposed application based on environmental protection concerns.  He also stated that the procedure in this matter was flawed.  Mr. Friedmann said that denial of the request would be a no lose outcome for the Town.  A copy of Mr. Friedmann’s remarks are on file in the Town Clerk’s Office.

 

Stating that all parties agreed that it would be desirable to improve the Tarheel Motel site, Catherine Newberry said that the subject property was located in the regulatory flood plain.  Ms. Newberry expressed concern that if the applicant’s special use permit were granted, it would encourage others to expand in environmentally sensitive areas of the Town.   She also stated that former Council Member Art Werner had asked the Council to vote against the proposal.  Ms. Newberry said she was encouraging the Council to be proactive stewards of the flood plain, rather than anti-business.

 

Miles Fletcher said if he understood existing regulations correctly, it was not permissible for commercial expansion to occur in the flood plain.  Mr. Fletcher stated that approving the applicant’s request would set a precedent and encourage other similar applications.  He also said that if the Council were determined to make a major change in resource conservation district regulations, the developer should be asked to reduce the amount of  impervious surface significantly.

 

Jonathan Wahl said he had been denied a variance request from RCD regulations in 1987.  Mr. Wahl said he opposed the variance from resource conservation district regulations being requested by Mr. Amin. 

 

Council Member Chilton requested that the applicant or staff refresh his memory about the effect of  corrections to the project’s stormwater impact statement.  Mr. Ballentine said there were two very slight increases and two very slight decreases in the applicant’s calculations.

 

Mayor Waldorf inquired whether or not it was possible to reduce the impervious surface by more than two thousand square feet.  Mr. Ballentine said this was possible by taking out a couple of parking bays, adding a third story or pulling the curb line in further.

 

Council Member Andresen asked whether or not it would be necessary to take out existing woodland vegetation to accommodate alternate C.  Mr. Ballentine said it would be necessary to

take some woodlands out in order to develop this alternative.  Council Member Andresen inquired when the proposed flood plain map could be updated.  Town Engineer George Small said he thought this would take approximately three years.  

 

Council Member Evans asked whether or not it was true that the Resource Conservation District ordinance did not allow for commercial expansion projects.  Noting that the Council had the opportunity to modify the terms of the ordinance, Mr. Karpinos said this would be dependent upon the facts of the case.

 

Stating that Mr. Wahl’s situation regarding a variance from the RCD ordinance was substantially different than the matter before the Council, Council Member Chilton inquired whether or not it was correct that Mr. Wahl could have theoretically sought a special use permit.  Mr. Karpinos said Mr. Wahl could possibly have taken this course of action under a different set of circumstances.

 

Council Member Andresen requested a clarification regarding the findings relative to the applicant’s  proposal.   Mr. Karpinos stated that if the Council wished to do so, it could modify the standards in the Development Ordinance in order to grant the applicant’s request for a special use permit.  Council Member Andresen noted that the Council was being asked to make the finding that the project maintain or enhance the public’s welfare.  Council Member Brown stated that the Resource Conservation District Ordinance did not permit commercial or residential uses in the RCD.  Mr. Karpinos said this was why the Council would need to modify the ordinance if it wished to approve the applicant’s special use permit request.  He added that the Tarheel Motel was in existence prior to the Town’s adoption of the Resource Conservation District ordinance.

Council Member Brown inquired whether or not it was correct that no commercial or residential uses were permitted in the Resource Conservation District.   Mr. Karpinos said a variance or modification would be necessary under such circumstances.

 

Council Member Chilton inquired about the estimated amount of  parking needed for the project.

Mayor Waldorf said the applicant was estimating that fifty-nine parking spaces, one for each room, would be needed.  Council Member Chilton inquired whether or not specific stipulations would be necessary regarding off-site parking arrangements.  Council Member Andresen said one possibility would be to make parking arrangements at Eastgate Shopping Center.   Mr. Waldon said he did not believe that parking spaces at Eastgate could be used to meet parking requirements for this project. 

 

Council Member Wiggins asked whether or not the availability of moderately-priced hotel rooms could be considered as aiding the community’s general welfare.  Mr. Karpinos said this was up to the Council to decide whether or not this was the case.  Council Member Wiggins inquired whether or not a previous Council had set the standards for special use permit applications.   Mr. Karpinos said that the Council had adopted the standards in 1981.  He noted that the standards were similar to the ones used by other communities around the country.   Council Member Wiggins asked why standards having to do with economic benefits were not included.  Mr. Karpinos said this partially due to the fact that economic matters were considered speculative.  He added that courts were principally interested in looking at land uses.

 

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

(8-0).

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO REFER THE MATTER BACK TO STAFF,  REQUESTING THAT STAFF DRAFT A NEW RESOLUTION INCLUDING A PROVISION REGARDING OFF-SITE PARKING AND OUTLINING A  MAXIMUM AMOUNT OF PERMISSIBLE IMPERVIOUS SURFACE.

 

Noting that she was not sure that she would support the proposed resolution, Council Member Andresen inquired whether or not Council Member Chilton was willing to specify a building configuration parallel to the service road as a means of affording the greatest amount of stream protection.  Council Member Chilton said he did not know how it would be possible to designate which alternative would be desired in the proposed resolution.  Council Member Chilton stated that the matter came down to one of precedential value.  He stated that approving or denying the applicant’s request would not effect Section 18.7.1 of the Town’s Development Ordinance.  He stated that the public purpose behind the Resource Conservation District regulations was to

ensure water quality.  Stating that the amount of impervious surface controlled the rate of flow offsite, Council Member Chilton said he was proposing that the applicant move some parking off site in order to meet impervious surface standards.

 

Council Member Brown said she thought that the crux of the matter before the Council was the integrity of the Town’s RCD ordinance and whether or not it had any meaning.   Noting that a lot of the information about this matter was not up to date, Council Member Brown stated that development and land disturbance activity in the Resource Conservation District was prohibited unless the Council granted an exemption or modification from these standards.  Stating that the applicant needed to know whether or not the Council would vote up or down on his request, Council Member Brown said that the request was for a very large modification which would set a very dangerous precedent.  Council Member Brown said she would vote against the proposal to refer the matter back to the staff.

 

Council Member Capowski said he felt that the Council owed  Mr. Amin a decision on the matter this evening.  He also said that although the concept of offsite parking at Eastgate was an intriguing one, cars would drip oil whether they were at Eastgate or on site at the proposed Days Inn.   Council Member Capowski said he would not support the motion on the floor.

 

Council Member Pavao inquired whether or not Council Member Chilton was willing to change his motion to Alternate C as proposed by the applicant.  Mayor Waldorf said she thought that the motion was to refer the matter back to staff.  Council Member Pavao stated that if the mover were not willing to amend the motion, he would not support the motion on the floor because he felt that the Council owed the applicant a decision one way or the other.

 

Stating that Mr. Amin had put a lot of money into his proposal at great risk, Council Member Andresen said it was a tremendous long shot that the Council would ignore exceptions to the Town’s Development Ordinance standards.  Stating that the proposal involved an excessive request which did not meet Resource Conservation District standards, Council Member Andresen said that Mr. Amin could have chosen to come forward with a proposal to give the existing hotel a major facelift.

 

Council Member Wiggins called the question.

 

THE MOTION TO REFER THE MATTER BACK TO STAFF FOR DRAFTING OF A REVISED RESOLUTION FAILED BY A VOTE OF 3-5, WITH MAYOR WALDORF AND COUNCIL MEMBERS CHILTON AND WIGGINS SUPPORTING THE MOTION.

 

COUNCIL MEMBER PAVAO MOVED THE ADOPTION OF RESOLUTION 7A, INCLUDING LANAGUAGE TO INCORPORATE  “ALTERNATE C”, REDUCING THE NUMBER OF ROOMS IN THE PROPOSED DAYS INN MOTEL.

 

Council Member Chilton said he favored taking a straight up vote on Resolution A.  Council Member Capowski asked whether or not it was correct that Alternate C would be a two story building perpendicular to U.S. 15-501.  Council Member Pavao said this was correct.  He noted that some language in Resolution A would have to be changed relative to Alternate C.  Council Member Brown inquired about the staff’s response to these necessary language changes.  Mr. Horton said the changes would be pretty straightforward.

 

COUNCIL MEMBER EVANS SECONDED COUNCIL MEMBER PAVAO’S  MOTION.

 

Council Member Evans inquired where language was in the proposed resolution regarding the recombination of lots.  Council Member Evans also inquired whether or not the motioner was willing to permit the use of paver blocks and permitting cars to park right up to the curb.  Council Member Pavao said he was willing to accept these as friendly amendments.   Stating that staff could draft language regarding curbing and pavers, Mr. Horton said language regarding recombination of lots was not normally required in the conditions of  approval.

 

Stating that the Council was under no obligation to approve another variance, Council Member Andresen said she did not know of other cases where the Council had departed from the existing Resource Conservation District ordinance standards.  Mayor Waldorf said it was reasonable to have provisions for exceptions to the ordinance.  

 

Noting that the proposed building would come close to the floodway, Council Member Andresen said she respectfully disagreed with the Town Engineer regarding the future threat of flooding. She stated that if the Council approved the proposal, the public perception might be the Town was not serious about its ordinances.

 

Stating that many citizens were looking to the Council to take a stand relative to a public purpose such as the provision of moderately priced rooms for guests to the Town, Council Member Wiggins send she thought that the Council would send a strong message if it chose to approve the proposal.   Council Member Wiggins said if the Council chose not to approve the project, there would likely be just as much pollution from parents and other guests coming to events in the Town and driving to other communities to spend the night.  She also stated that hundreds of  people had urged the Council to support the proposal.   Referencing the flooding-related concerns of neighbors, Council Member Wiggins said it was very important for the Town to give serious attention and consideration to these concerns.  Noting that she would support Council Member Pavao’s motion, Council Member Wiggins thanked Mr. Amin for what he was proposing to do to improve his property.

 

Council Member Pavao said that one very basic principles of the nation was that small businesses often took long shots to better themselves.  Noting that he strongly believed in self initiative, Council Member Pavao said he did not think that the wrong message was being sent in this matter.

 

Council Member Chilton suggested that the total impervious surface be limited to 33,000 square feet and that off-site parking alternatives be explored.   Mayor Waldorf inquired whether there would be any constraints about the building being two or three stories if the proposed motion to amend were adopted.  Noting that he did not believe that such a constraint would be imposed, Mr. Horton said the Council could impose such a constraint if it wished to do  so.  Mayor Waldorf noted that Alternate C contemplated a two story building.  Council Member Andresen inquired whether or not the proposed building would be two stories.  Mr.  Horton said this would depend upon the alternative selected by the Council.  Council Member Chilton said he did not have a strong opinion about whether the building was two or three stories.

 

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO AMEND THE MOTION BY LIMITING IMPERVIOUS SURFACE TO 33,000 SQUARE FEET AND REQUIRING THE APPLICANT TO PROVIDE A PORTION OF PARKING SPACES OFF SITE.

 

Council Member Evans stated that paver blocks would reduce impervious surface as would having a gravel, rather than paved, parking lot.  Council Member Evans also said that she was not comfortable arbitrarily deciding that a maximum of 33,000 square feet of impervious surface should be allowed.  Council Member Chilton said he was only suggesting that parking be provided off site to the extent needed.

 

Council Member Brown expressed concern that the Council was losing sight of what was important, not compromising away the terms of the Resource Conservation District ordinance.

 

Council Member Wiggins inquired about the source of the 33,000 square feet figure being suggested by Council Member Chilton.  Council Member Chilton said this figure was a modest increase from the existing amount of 30,000 square feet and a substantial reduction from the 39,000 square feet proposed by the applicant.  Council Member Wiggins inquired about the impact of reducing impervious surface to 33,000 square feet.  Mr. Ballentine said this would necessitate taking about 4,000 square feet of impervious surface out of the project and 20-25 parking spaces using paver blocks.  He asked that the Council give the applicant flexibility to eliminate curb and guttering in order to reduce the amount of impervious surface.

 

THE MOTION TO AMEND FAILED BY A VOTE OF 2-6, WITH MAYOR WALDORF AND COUNCIL  MEMBER CHILTON SUPPORTING THE MOTION.

 

Mr. Horton said staff suggested the addition of the following language to address both concerns:  “Standards for design of parking areas be adjusted to minimize impervious surface”.

 

Council Member Chilton said he was concerned that the Council would be basically approving this without a particular goal.  Mr. Horton said that staff would push the applicant to use any device at any place which was workable to reduce impervious surface on the site.  Mayor Waldorf noted that Resolution A with Alternate C and related flexibility regarding impervious surface was on the floor.

 

Mayor Waldorf stated that data for the project showed that projected stormwater runoff from this site would actually decrease and that pollutant loading would be less as well.  Mayor Waldorf said she was looking forward to a nicer looking building and better landscaping on the site.  She also expressed her support for the reduction in building size as proposed in alternate C.  Mayor Waldorf expressed hope that the impervious surface could be brought down to the range of 33,000 to 35,000 square feet.

 

Council Member Andresen said she had a problem accepting the engineer’s conclusion on this matter relative to flooding potential.  Stating that a fair degree of risk relative to flooding was involved, Council Member Andresen inquired whether or not the developer should be required to post a bond on detention ponds.  Mr. Horton said that the Town did not require bonds for such facilities.  Council Member Andresen suggested adding such a requirement.  Council Member Wiggins asked whether or not bonds were requested from others.  Mr. Horton said if necessary such instances were civil matter and could be taken to court.

 

Council Member Andresen said that a bond for a retention pond was required in Southern Village.  Mr. Waldon said that this pond was a permanent pond for water quality purposes, while the pond for the Days Inn project was not a permanent water quality pond.

 

Stating that the decision was a very hard one for him, Council Member Capowski said he believed that public purposes would be met either way.   Stating that he was less concerned with the RCD as a legal document than the actual outcome, Council Member Capowski said he had bicycled out to the end of Emory Drive and observed the confluence of Bolin and Booker Creeks, draining an eighteen square mile drainage basin.  He stated that nothing the Council could do relative to the Tarheel Motel would help with downstream flooding.  He also said that the decision before the Council was more than a choice between neighborhoods and economics.  Council Member Capowski said although downstream flooding was real, he would support the proposed Days Inn.

 

Stating that he was glad that the Town had a strong and powerful Resource Conservation District Ordinance, Council Member Chilton said that the proposal met or exceeded the public purposes behind the written standards.  He also stated that the Manager would press hard to decrease the amount of impervious surface to the extent reasonable.

 

THE  MOTION  PASSED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS ANDRESEN AND BROWN VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR DAYS INN MOTEL (SUP 46-B-12) (97-3-3/R-7a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Mr. Mike Amin, on property identified as Chapel Hill Township Tax Map 46, Block B, Lot 12, if developed according to the site plan dated May 20, 1996 (revised March 3, 1997, labeled as “Alternative C”) 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, with the modifications listed below;

 

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 by the Council of the Town of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

 

1.         Modification of Subsection 5.5.1 of the Development Ordinance to permit the motel use to be located within the Resource Conservation District;

 

2.         Modification of Subsections 13.11.3 and 5.5.2.1 of the Development Ordinance to exceed the maximum floor area limit, allowing 23,155 square feet of floor area;

 

3.         Modification of Subsection 13.11.3 of the Development Ordinance to allow provision of 102,607 square feet of livability space; and

 

4.         Modification of Subsection 14.12.3 of the Development Ordinance to allow a utility easement and a Type B landscape buffer to overlap along the northern property line, subject to approval by Duke Power Company.

 

Said public purposes being:

 

1.         Improved appearance along a major Town entranceway; and

 

2.                 Improved stormwater runoff control; and

 

3.         Improved safety in the form of controlled vehicular access between the service road and the site.

 

These findings are conditioned on the following:

 

                                                Stipulations Specific to the Development

 

1.         Construction/Platting Deadlines:

 

A.        That construction begin by March 3, 1999 and be completed by March 3, 2000.

 

2.         Required Improvements: 

 

A.        That a five-foot sidewalk be constructed along the service road for the length of the property frontage.

 

B.         That public right-of-way be dedicated to a point at least one foot behind the new sidewalk.

 

C.        That along the property frontage the service road be repaired and that the road be constructed to half of a 27-foot cross section.  The curb and gutter shall be installed such that it is aligned with the existing curb and gutter on the north end of the road (near Eastgate Shopping Center's Blockbuster Video).

 

D.        That a bus pull-off be provided along the service road at a location to be determined by the Town Manager and NCDOT.

 

E.         That for the median between the service road and U.S. Highway 15-501, a drainage ditch shall be maintained for drainage purposes.  An encroachment agreement from NCDOT must be obtained prior to planting of any kind.

 

 F.        That if the developer proposes the 8-inch water line to be bored under the highway, and extended to an open cut across the service road, the overlayment of the service road shall be extended the entire length of the property frontage, and should include both lanes and a proper drainage crown.  An encroachment agreement from NCDOT will be required.

 

G.        That the drive aisles and parking lots be designed and constructed to Town standards, except that standards for design of parking areas be adjusted to minimize impervious surfaces.

 

H.        That the clearance height of the balconies or canopies be raised to at least 13 feet, 6 inches for fire truck clearance; or that a circulation plan for fire trucks be approved by the Town Manager.  Access for fire trucks must be a minimum width of 20 feet on all sides of the building.

           

I.          That a 30-foot pedestrian/non-vehicle easement shall be dedicated to the Town, for parks and recreation purposes only, along the creek.

 

3.                 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.                 Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

 

c.                  Quantifiable traffic reduction goals and objectives;

 

d.                 Ridesharing incentives; and

 

e.         Public Transit incentives.

 

                                   Stipulations Related to the Resource Conservation District

 

4.         Boundaries:  That the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance".

 

5.         Variances:  That all variances necessary for development with the Resource Conservation District be obtained before application for final plat or final plan approval.

 

                             Stipulations Related to State and Federal Government Approvals

 

6.                 State or Federal Approvals:  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.

 

All necessary State, Federal, and local approvals for development and construction within the 100-year floodplain shall be obtained prior to issuance of a Zoning Compliance Permit.

 

7.         NCDOT Approval:  That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

 

                                             Stipulations Related to Landscape Elements

 

8.         Landscape Plan Approval:  That a detailed landscape plan (including the buffer plantings), lighting plan, and landscape maintenance plan be approved by the Appearance Commission and Town Manager prior to the issuance of a Zoning Compliance Permit. 

 

a.                   The Landscape Plan shall include:

 

Type "D" landscape buffer (minimum width 30 feet) along the eastern property line (service road frontage), except immediately in front of the motel building, where an alternate buffer may be approved by the Town Manager and the Appearance Commission/Design Review Board;  and

 

Type "B" landscape buffer (minimum width 10 feet) along the northern, southern, and western property lines.  The landscape buffer along the northern property line may be located within the power easement, subject to approval by the Appearance Commission/Design Review Board, Town Manager, and Duke Power.

 

The 8-inch water line and hydrant, and all other utilities and easements must be located outside or on the edge of the landscape buffers, except for necessary perpendicular crossings.

 

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

 

c                     The landscape plan must be revised to remove all visual obstructions from the required 10' x 70' sight triangle easements on either side of the two proposed driveways.

 

d.                  That the planting plans demonstrate compliance with the Town's Master Landscape Plan for Entranceway Corridors, and include "boulevard type planting" along the highway frontage.

 

e.           That along the northern entrance drive, the first two parking spaces on each side of the drive be eliminated or relocated, such that the landscape area for the Type D buffer will be augmented.

 

f.            That, if practicable, the proposed detention pond be shifted a few feet to the east or that the grading for the pond be reconfigured such that the root zone of the nearby large oak is left intact.

 

9.         Parking Lot Layout Relative to the Large Oak on the Northern Property Line:  That the parking lot plans be revised to minimize damage to the root zone of the 31" oak near the northern property line.  At least 4 parking spaces shall be removed or relocated from the area of this tree to protect the root zone.  

 

10.       Tree Survey:  That the landscape protection plan be revised to indicate the root zones of all large existing trees.

 

11.       Review of Revised Landscape Protection Plans:  That a detailed revised tree survey, a detailed landscape protection plan, a revised landscape protection plan (with the grading plan), and landscape maintenance plan be reviewed and approved by the Appearance Commission and the Town Manager prior to issuance of a Zoning Compliance Permit. The Landscape Protection Plan shall indicate  sewer, stormwater and other utility lines, detention/retention facilities, and other areas likely to be cleared or graded. 

 

That all mature trees also be shown on all sheets of the final plans, such as a 24-inch pine and a 27-inch oak near the floodway boundary, and that efforts be made to preserve the root zones of these trees. 

 

                                               Stipulation Related to Building Elevations

 

12.       Building Elevation Approval for Special Use Permit Applications:  That detailed building elevations be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

 

                                    Stipulations Related to Water, Sewer and Other Utilities

 

13.       Fire Safety and Fire Flow Report: 

 

A.        That a plan be submitted showing the installation plan for automatic smoke/alarms for the building for approval by the Town Manager.

 

B.         That the access for fire trucks be at least 20 feet wide on all sides of the building.  The minimum vertical clearance of 13 feet, 6 inches shall be maintained under the overhanging balconies, or a circulation plan for fire trucks shall be approved by the Town Manager.

 

C.        That a detailed fire flow report, prepared by a registered professional engineer, and 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.

 

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

 

15.       Stormwater Management:  

 

a.         That the retention basin location and associated grading be adjusted, if possible, to be outside the root zones of the trees (particularly the large oak) which can be preserved.  The retention basin must be outside the regulatory floodway.

 

b.         That a stormwater management plan, based on the Town's Hydros computer model, be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  All storm drainage facilities within the State right-of-way must be designed for a 25-year storm.

 

c.                   That the stormwater basin shall be maintained properly and regularly, as outlined  in the applicant’s Stormwater Impact Statement.  The maintenance plan shall include the removal of polluted sediments and proper disposal of them off site at least every six months.

 

d.                  That an annual report, detailing the operation, inspection, and maintenance of the stormwater management system (including the retention basin), be submitted to the Town Manager annually (by December 31).

 

16.       Utility/Lighting Plan Approval:  That the final detailed utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager, before issuance of a Zoning Compliance Permit. 

 

                                                          Miscellaneous Stipulations

 

17.       Refuse Collection:  That the dumpster pad be reoriented for service access to allow Town refuse vehicles to turn around within the site.  The dumpster pad shall be widened to accommodate recycling rollout carts.

 

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

 

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

 

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

 

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

 

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

 

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.       Construction Sign Required:  That the applicant post a construction sign that lists the property owners' representative, with a telephone number; the contractor's representative, with phone number; and a telephone number for regulatory information upon issuance of a Zoning Compliance Permit.

 

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

 

26.       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 Days Inn Motel in accordance with the plans, conditions, and modifications of regulations listed above.

 

This the 3rd day of  March, 1997.

 

 

 

 

Southern Village Elementary School

 

Planning Director Roger Waldon presented an overview of the proposal and the various resolutions before the Council this evening.  He noted that staff  was recommending Council adoption of Resolution A.   Ken Redfoot presented an overview of the applicant’s proposal.  Council Member Andresen requested that the Council receive a written description regarding the possibility of a community use room or a gymnasium facility on the Southern Village Elementary School site.

 

Noting that she was concerned about the responsibility for detention ponds, Council Member Brown requested that staff explain how this would be handled.

 

Julie Coleman thanked the Mayor and Council and Town staff for working out a mechanism to possibly accommodate a gymnasium on the site.  She also asked that the Council give strong consideration to requiring additional acreage at the site, totaling about eighteen acres, instead of the 12.6 acres proposed for the site.

 

David Cook said he was very concerned that the proposed playground was basically designed based on the playground at McDougle School.  Noting the importance of having adequate play opportunities for children, Mr. Cook  stated that the proposed playground was too small for the size of school being contemplated.   Mr. Redfoot said after reviewing anticipated playground needs, he believed that the proposal before the Council was adequate to address anticipated needs.  

 

Martin Feinstein, a member of the Chapel Hill Parks and Recreation Commission,  said he was delighted that the proposal to have a gymnasium facility had gone this far.  Stating that his proposal had gone a little further than he had anticipated that it would, Mr. Feinstein said he believed that a fifty by eighty foot area was adequate for a gymnasium facility.  Mr. Feinstein said he favored having a procedure which would have multi-purpose models at all future school facilities.  Mayor Waldorf suggested that the Commission forward its thoughts to the Council regarding the proposed gymnasium at Southern Village.  Noting that he thought that a smaller-sized gymnasium would work better across multiple sites, Mr. Feinstein said that the Commission would be happy to do so.

 

Responding to Council Member Brown’s earlier query, Mr. Waldon said that the proposed school site was in a watershed protection district, with drainage occurring to a permanent detention pond on site.  Council Member Brown asked whether or not it was correct that whoever built detention ponds was also responsible for their maintenance.  Mr. Waldon stated that the Town was requiring that the Southern Village developers build the detention pond before the Southern Village village core could be occupied.  He added that ongoing maintenance of the pond by Southern Village would also be required.

 

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

(8-0).

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 8A.

 

Council Member Andresen inquired about the possibility of a pedestrian/bicycle access bridge being constructed across Fan Branch.  Stating that staff had looked into this possibility,  Mr. Waldon said that two obstacles to this proposal were the expense of such a bridge across the Resource Conservation District and the fact that properties in question were in private ownership.

 

RESOLUTION 8A WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE SOUTHERN VILLAGE ELEMENTARY SCHOOL (File Number 126.A.4J and 4R) (97-3-3/R-8a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit proposed by Corley Redfoot Zack, Inc. on property identified as Chapel Hill Township Tax Map 126, Block A, Lots 4R and part of 4J, if developed according to the site plan dated February 5, 1997 (revised February 24, 1997) and the conditions 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 that the use or development is a public necessity; and

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

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit for the Southern Village Elementary School in accordance with the plans listed above and with the conditions listed below:

 

Stipulations Specific to the Development

 

1.                  That construction begin by March 3, 1999 (two years from the date of Council approval) and be completed by March 3, 2000 (three years from the date of Council approval).

2.                  That the Chapel Hill Carrboro City Schools shall obtain an easement or agreement with the Southern Village property owner enabling the school system to construct and use the school entrance roadway proposed to be located on the Southern Village property.

3.                  That this approval authorizes up to 123,013 square feet of floor area for the school and includes authorization for construction of a full-size gymnasium.

4.                  Required Improvements: 

A.            That construction of Copperline Drive, between Aberdeen Street and Market Street, be completed prior to occupancy of the school.

B.            That the width of the two-way drive aisle, around the south and east portions of the main parking lot, shall be increased to 30 feet.

C.            That a pedestrian connection shall be provided to the Town park and ride lot.

D.            That an asphalt path be constructed from the southwest corner of the elementary school, continue west of the soccer field, and terminate at the southern boundary of the Special Use Permit, abutting the future Southern Community Park property.

 

5.                  Permanent Retention Basin Installation:

A.            That the development satisfy the requirements of section 10.5.2 of the Development Ordinance by utilizing one of two options, or a combination of options, to control non-point source and stormwater pollution:

1)      Low Density Option:  Development activities shall not exceed two (2) dwelling units per acre (gross land area) or twenty-four percent (24%) built-upon area (impervious surface) of gross land area; or

2)      High Density Option:  Development activities which exceed the Low Density Option requirements must control the runoff from the first inch of rainfall.  In addition, the built-upon area may not exceed fifty percent (50%) of gross land area.

B.            That unless the development demonstrates compliance with the Low Density Option for watershed protection, the construction of an off-site retention pond shall be complete prior to issuance of a Certificate of Occupancy for the school.  Prior to issuance of a Zoning Compliance Permit, the Chapel Hill Carrboro City Schools shall obtain an easement or agreement with the Southern Village property owner enabling the school system to access the Southern Village property for the construction of the retention basin, unless the facility is in place or substantially in place.

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

D.            The wet detention 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, the North Carolina Division of Water Quality, the Army Corps of Engineers and the Town Manager.

E.             The property owner shall post a performance bond or other surety instrument satisfactory to the Town Manager, in an amount approved by the Town Manager to assure maintenance, repair or reconstruction necessary for adequate performance of the engineered stormwater controls, if it has not already been provided.

F.             The Chapel Hill-Carrboro City Schools shall be responsible for arranging for annual inspections of the pond by an appropriately certified engineer, to determine whether the pond and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance or repair as may be warranted, unless this responsibility has been assumed by another individual or group.  Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager.

G.            Maintenance of the pond shall be the responsibility of the Chapel Hill-Carrboro City Schools, unless the responsibilities have been assumed by the Southern Village developer or his designee.  A maintenance plan shall be provided for the retention pond, to be approved by the Town Manager.  The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond and related matters.

H.            As part of an application for Final Plan Approval and Zoning Compliance Permit, the developer shall provide an up-to-date cumulative total for impervious surfaces associated with this development.

I.               The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.

J.              All sediment deposited in the pond during construction activity on contributing sites must be removed before “normal” pond operation begins.

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

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

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

N.           That the pond be located and designed such that damage to existing large trees can be minimized.

 

Stipulations Related to State and Federal Government Approvals

 

6.                  State or Federal Approval(s):  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 Plan Requirements

 

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

8.                  Landscape Plan:  That a site lighting plan, a detailed landscape plan, and landscape maintenance schedule be approved by the Appearance Commission and the Town Manager prior to issuance of a Zoning Compliance Permit.

9.                  Outdoor Lighting:  That lights for the soccer field are not required, but may be installed upon approval of a lighting plan by the Appearance Commission.

10.              Landscaping Around Permanent Detention Pond:  That landscaping approved by the Town Manager shall be provided around the permanent detention pond, and that such landscaping shall be in accordance with local and State watershed protection regulations.

 

11.              Vegetation Preservation:  That the applicant’s grading plan be adjusted to provide for the preservation of additional on-site vegetation between the main parking lot and the soccer field.

 

Stipulations Related to Building Elevations

 

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

 

Stipulations Related to Water, Sewer and Other Utilities

 

13.              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 prior to issuance of a Zoning Compliance Permit.

14.              Utility/Lighting Plan Approval:  That the final utility/lighting plan be presented with reasonable opportunity for review by the Orange Water and Sewer Authority, Duke Power, Public Service Company, Bell South, TimeWarner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

 

Miscellaneous Stipulations

 

15.              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 issuance of a Zoning Compliance Permit.

16.              Transportation Management Plan:  That prior to issuance of a Zoning Compliance Permit, the applicant prepare a Transportation Management Plan for approval by the Town Manager.  The required components of the Transportation Management Plan shall include:

¨             Provision for designation of a Transportation Coordinator;

¨             Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

¨             Quantifiable traffic reduction goals and objectives;

¨             Ridesharing incentives; and

¨             Public transit incentives.

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

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

19.              Stormwater Management Plan:  That a detailed stormwater management plan, based on the Town’s HYDROS program, shall be submitted with applications for Zoning Compliance Permit for approval by the Town Manager.

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

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

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

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

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit for the Southern Village Elementary School in accordance with the plans and conditions listed above.

This the 3rd day of March, 1997.

 

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

 

A RESOLUTION AUTHORIZING  THE MANAGER TO NEGOTIATE A DEVELOPMENT AND  JOINT USE AGREEMENT WITH THE SCHOOL BOARD REGARDING THIS FACILITIES OF THE SOUTHERN VILLAGE ELEMENTARY SCHOOL (97-3-3/R-9a)

 

WHEREAS, the Town Council of the Town of Chapel Hill desires to cooperate with the School Board and Orange  County in the development of an elementary school adjacent to the Town’s park land, and

 

WHEREAS, the Town Council has agreed to use the proceeds of its sale of park land to the School Board to have recreation facilities built as a part of the Southern Village Elementary School.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to negotiate a Development and Joint Use Agreement with the School Board  defining the use by the School Board of the Town’s payment for  the development of recreational  facilities, and setting forth the rights and responsibilities of both parties with respect to the facilities of the Southern Village Elementary School.

 

BE IT FURTHER RESOLVED that the Development and Joint Use Agreement be executed before the sale of land  to the School Board is completed.

 

This the 3rd day of March, 1997.

 

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 9B.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION AUTHORIZING THE MANAGER TO PUBLISH PROPER NOTICE OF THE COUNCIL’S INTENT TO CONSIDER THE SALE OF PARK LAND TO THE SCHOOL BOARD  (97-3-3/9b)

 

WHEREAS, the Town Council of the Town of Chapel Hill desires to cooperate with the School Board and Orange  County in the development of an elementary school adjacent to the Town’s park land, and

 

WHEREAS, the School Board is required by North Carolina to hold title to the land on which it develops school facilities,

 

NOW THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to publish proper notice of the Council’s intent to consider the sale, at $23,500 per acre, of approximately 7 acres of southern community park land , sufficient to accommodate a soccer field south of the Southern Village Elementary School, including about 10 feet beyond the limits of construction and a reasonable transition to the School Board’s other land.

 

This the 3rd day of March, 1997.

 

Council Member Chilton suggested that the Attorney’s request for a closed session be added at the end of the Council’s meeting tomorrow evening (March 4th).

 

United Carolina Bank Special Use Permit

 

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

(8-0).

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 11A. 

 

Council Member Evans suggested placing a sign at the stub-out regarding future development.  The motioner and seconder accepted this as a friendly amendment.

 

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR UNITED CAROLINA BANK (File Number 44.D.6) (97-3-3/R-11a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification, proposed by Barry Hill, applicant, and United Carolina Bank, owner, on property identified as Chapel Hill Township Tax Map 44, Block D, Lot 6 and Lot 7, if developed according to the site plan (Drawing C101) dated January 16, 1997 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 to reduce the boundary of the Special Use Permit Modification to include only Chapel Hill Township Tax Map 44, Block C, Lot in accordance with the plan listed above and the plans and conditions of the Special Use Permit Modification recorded in Deed Book 269, Page 245 of the Orange County Register of Deeds and with the additional  conditions listed below:

                                                Stipulations Specific to the Development

 

1.      Public Right-of-Way:  That, if necessary, the applicant record a document dedicating additional public right-of-way along the Lot #1 Elliott Road street frontage to ensure that the existing sidewalk is located within public right-of-way and that this recordation occur prior to recordation of the approved Special Use Permit Modification document.

Stipulations Related to Landscape Elements

 

2.      Landscape Plan:  That a detailed landscape plan be approved by the Town Manager prior to recordation of the Special Use Permit Modification document.  The landscape plan shall demonstrate compliance with the Town’s Master Plan for Entranceway Corridors.  The landscape plan shall meet the minimum buffer requirements:

 

Ř                  Type “D” buffer (minimum width 30 feet) along the East Franklin Street frontage

Ř                  Type “B” buffer (minimum width 10 feet) along the common property line between Lot #1 and Lot #2, and 

Ř                  Type “C” buffer (minimum width 20 feet) along the east property lines.

 

If alternative buffers are proposed along any property line, or portion thereof, the Appearance Commission must review and approve the alternative buffer plans prior to recordation of the Special Use Permit Modification document.

 

Miscellaneous Stipulations

 

3.      Solid Waste Management Plan:  That a detailed Solid Waste Management Plan, including a recycling plan for the existing bank and the future office building, be reviewed and approved by the Town Manager within three (3) years from the date of the Council approval.  The Solid Waste Management Plan shall include a dimensioned detail of the proposed recycling/refuse collection area, details of the existing trash/recycling area, and information on possible vehicle conflicts associated with the utility lines along Elliott Road.

 

4.      Dumpster Pad Construction:  That the applicant demonstrate to the Town Manager, within three years from the date of the Council approval, that the existing solid waste collection and recycling facilities for the United Carolina Bank are adequate or, that the applicant provide new facilities, to be located on either Lot #1 or Lot #2, including an adequate dumpster pad and recycling containers, within three (3) years of the Council approval.

 

5.      Access Easement:  That the property owner provide confirmation that a recorded vehicular and pedestrian ingress and egress easement is located on the shared property line between Lot #1 and Lot #2 to provide access to the undeveloped Kroger property to the east and that absent that confirmation the property owner provide such easement.  Said easement shall be approved by the Town Manager and recorded in the Orange County Register of Deeds Office and a copy of the recorded easement be submitted to the Town prior to recordation of the Special Use Permit Modification document.

 

6.      Shared Dumpster/Compactor Agreement:  That a shared dumpster agreement and an access agreement for Lots #1 and #2 shall be approved by the Town Manager and recorded in the Orange County Register of Deeds Office and that a copy of the recorded agreements be submitted to the Town prior to recordation of the Special Use Permit Modification document.

 

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

 

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

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit Modification for United Carolina Bank.

This the 3rd day of March,  1997.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECESS THE BALANCE OF THE MEETING TO MARCH 4TH BEGINNING AT 7:00 P.M.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

The meeting stood adjourned at 11:07 p.m.