SUMMARY OF A REGULAR MEETING HELD BY THE
CHAPEL HILL TOWN COUNCIL, MONDAY, FEBRUARY 9, 1998
Mayor Waldorf called the meeting to order at 7:00 p.m. Council Members in attendance were Julie Andresen, Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Lee Pavăo, and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.
There were no ceremonies or hearings.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO RECEIVE AND REFER A PETITION BY WAYNE PEIN REGARDING BICYCLING SAFETY CONCERNS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Roland Giduz urged the Council not to include the central business district within the aegis of the proposed moratorium. He also requested that projects already approved not be included in the proposed moratorium.
Council Member Brown referenced a proposed language change which would exclude projects already in the Town’s review process.
Mayor Waldorf stated that there apparently had been some confusion in signing up for item 3b instead of item 13. Council Member Andresen suggested the possibility of moving item 13 up on the Council’s agenda. Mayor Waldorf said that she did not favor following this approach.
Council Member Brown stated that she had no intention of creating any hardship for projects already in the Town’s review process. She added that her proposed language change would clarify this situation.
Dan Jewell, a local landscape architect, stated that he had the same concerns as Mr. Giduz but that he would like the Council to have a public hearing on related issues.
Robert Humphreys recognized members of the Town’s Police, Fire, and Public Works Departments for their efforts in coordinating a safe community celebration following UNC’s recent basketball triumph over Duke University. Mr. Humphreys stated that there were currently four street lights in the West 100 block of Franklin Street which were not working. He requested the Council’s assistance in remedying this safety-related problem. Mr. Humphreys also said that he encouraged the approval of the proposed Downtown Parking Plan as a means of keeping parking space prices as low as possible. Mr. Humphreys concluded his remarks by urging the Council not to approve the proposed development moratorium.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECEIVE AND REFER THE PETITION REAGRDING DOWNTOWN LIGHTING TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Myles Presler of EmPOWERment, Inc. said that he was concerned about development projects which would not be possible if the proposed moratorium were approved.
Margaret Edwards said she was concerned that Harold Wolfe of the Town’s Housing Department had resigned and accepted a position with the City of Greensboro’s Housing Authority. Ms. Edwards requested the Council’s assistance in continuing Mr. Wolfe’s tenure with the Town.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECEIVE AND REFER MS. EDWARDS’ PETITION TO TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Evans requested that the Council consider Carrboro’s plan for its northern area in conjunction with the Town’s northwest small area plan. She noted that the two areas were contiguous and that transportation, school, and development issues would effect both towns.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, THAT THE TWO SMALL AREA PLANS BE CONSIDERED IN TANDEM.
Council Member Andresen asked whether the Town’s Northwest Small Area Plan should be reviewed by the Council before the future of the Greene tract had been determined. Council Member Evans replied that the Manager’s report could address other options.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Andresen said that she had public safety concerns regarding the barricades on Rosemary Street at the site of the proposed Fountains development. She also requested that the Manager report to the Council on special use permit violations on an annual basis.
COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT THE MANAGER OUTLINE PROPOSALS FOR ADDRESSING THE BARRICADE SAFETY CONCERNS AND PROVIDE THE COUNCIL WITH AN ANNUAL REPORT REGARDING SPECIAL USE PERMIT VIOLATIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor Waldorf mentioned the need for a brief closed session following the Council’s regular business meeting.
Council Member Foy requested the removal of item 4.1c from the consent agenda. Council Member Andresen requested the removal of item 4.1e for discussion.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS C AND E. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS
AND ORDINANCES
(98-2-9/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
a. Minutes of January 2nd and 5th.
b. Chapel Hill Garden Club request for temporary street closure (R-2).
c. Establishing funding cap for 1998-99 human services performance agreements (R-3).
d. Scheduling joint meeting with OWASA Board and an additional budget work session (R-4a and b).
e. Authorizing development of conceptual plan study for the proposed Booker Creek linear park (R-5).
f. Funding request to Time-Warner Cable for public access start-up, facility and equipment costs (R-6).
g. Referral of comments regarding regional transportation planning process
(R-7).
This the 9th day of February, 1998.
A RESOLUTION AUTHORIZING THE CLOSING OF LAUREL HILL ROAD TO ALL BUT
LOCAL TRAFFIC ON APRIL 18, 1998 FROM 8:00 A.M. THROUGH 5:00 P.M.
(98-2-9/R-2)
WHEREAS, the Chapel Hill Garden Club is sponsoring the second annual Spring Garden Tour on Laurel Hill Road on April 18, 1998; and
WHEREAS, the Chapel Hill Garden Club is concerned for the safety of guests attending the event; and
WHEREAS, the Chapel Hill Garden Club has arranged with the Chapel Hill Police Department to provide traffic direction on Laurel Hill Road from 8:00 a.m. through 5:00 p.m.; and
WHEREAS, on January 12, 1998 the Chapel Hill Garden Club petitioned the Council to close Laurel Hill Road to all but local traffic during the Spring Garden Tour;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the closing of Laurel Hill Road to all but local traffic on April 18, 1998 from 8:00 a.m. through 5:00 p.m.
This the 9th day of February, 1998.
A RESOLUTION SCHEDULING A BUDGET WORK SESSION ON THURSDAY, MARCH 19TH (98-2-9/R-4b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a budget work session on Thursday, March 19th, beginning at 6:00 p.m. in the Town Council Chambers at 306 N. Columbia Street.
This the 9th day of February, 1998.
A RESOLUTION REGARDING CERTIFICATION OF A NON-PROFIT GROUP SELECTED TO
MANAGE PUBLIC ACCESS AND REQUESTING A PAYMENT OF $80,000 FOR PUBLIC ACCESS
START-UP AND EQUIPMENT COSTS
(98-2-9/R-6)
BE IT RESOLVED by the Chapel Hill Town Council that the Council:
1. Certifies that the Council has selected a non-profit access entity, The Peoples Channel Inc., to operate public access programming in Chapel Hill and that The Peoples Channel is fit and capable for such purposes.
2. Requests that Time Warner Cable pay to the Town, in accord with Exhibit F of the cable television franchise agreement, $80,000 for public access facility, equipment and start-up costs.
This the 9th day of February, 1998.
A RESOLUTION PROVIDING RECOMMENDATIONS CONCERNING THE REGIONAL
TRANSPORTATION PLANNING PROCESS IN THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA
FOR THE FEDERAL METROPOLITAN PLANNING CERTIFICATION REVIEW TEAM (98-2-9/R-7)
WHEREAS, the 1991 Intermodal Surface Transportation Efficiency Act changed the process for collaborative transportation planning between metropolitan planning organizations and states; and
WHEREAS, the 1991 Act required that the federal Department of Transportation certify every three years that the federal planning regulations have been followed within each metropolitan planning area; and
WHEREAS, the 1995 Certification Review identified concerns about several aspects of regional transportation planning and included specific corrective actions and recommendations; and
WHEREAS, some of these concerns continue to limit the ability of the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization to effectively implement the provisions of the 1991 Intermodal Surface Transportation Efficiency Act; and
WHEREAS, representatives from the federal Department of Transportation will be conducting a 1998 Planning Certification Review for the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization on February 10-12, 1998;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that there continue to be concerns about the:
1) Development of the Transportation Improvement Program,
2) Distribution and administration of federal transportation funds,
3) Major Investment Studies.
BE IT FURTHER RESOLVED that the Council recommends the following actions to ensure that the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization can fully implement the provisions of the 1991 Intermodal Surface Transportation Efficiency Act.
1) Development of the Transportation Improvement Program
· The North Carolina Department of Transportation should provide more detailed financial information to the Metropolitan Planning Organization.
· Improvements should be made to the collaborative process for development of the Transportation Improvement Program.
· There should be greater opportunity for public involvement in the development of the Transportation Improvement Program.
2) Distribution and Administration of Federal Funds
· The formula used by the State to distribute transportation funds should be revised to reflect the needs of individual areas and the division boundaries should be modified to include the entire Metropolitan Planning Organization.
· The Department of Transportation should administer projects using Direct Allocation funds.
· The State should involve the Metropolitan Planning Organizations in determining the allocation of the Enhancement Program funds.
3) Major Investment Studies
· The Department of Transportation should provide funding for Phase II of the 15-501 Major Investment Study and include this project in the Transportation Improvement Program.
· The Department of Transportation should work cooperatively with the Metropolitan Planning Organization and other parties to prepare a scope of work for I-40 Major Investment Study and include this project in the Transportation Improvement Program.
This the 9th day of February, 1998
On behalf of the Council, Mayor Waldorf presented Town flags to student representatives from Chapel Hill High School and East Chapel Hill High School.
Item 4.2 Information Reports
Council Member Capowski requested the removal of items c and f for discussion. Council Member Brown requested the removal of item g for discussion.
Item 5 Appointment to
Transportation Board
The Council appointed Mr. Loren Hintz to a vacant seat on the Transportation Board. Original voting ballots are on file in the Town Clerk’s Office.
Planning Director Roger Waldon presented a brief overview of the proposed project.
Council Member Evans commented that adult day care as well as child day care could be needed in the future. She suggested that the word “child” be removed from the proposed ordinance.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY
(9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT ORDINANCE A, REMOVING THE WORD “CHILD”. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING THE CHAPEL HILL
ZONING ATLAS FOR THE CARRBORO BAPTIST CHURCH (98-2-9/O-1)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of Michael Hining Architects on behalf of the Carrboro Baptist Church, to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-3-Conditional Use Zoning, and finds that the amendment is warranted because it achieves the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
Section I
That the portion of the property identified as now or formerly Chapel Hill Township Tax Map 122, Block B, Lot 8L located south of Culbreth Road between the Culbreth Park development and U.S. 15-501 South, within the Residential-2 zoning district, be rezoned from Residential-2 to Residential-3-Conditional with the following limitation on uses:
¨ No Single-Family Residences
¨ No Two-Family Residences
¨ No Essential Services
¨ No Mobile Homes, Class A
¨ No Public Cultural Facilities
¨ No Public Use Facilities
¨ No Elementary Schools
¨ No Secondary Schools
¨ No Non-Profit Recreation Facilities
The following use is allowed with the approval of a Special Use Permit by the Town Council:
¨ Day Care Facilities
¨ Place of Worship
The legal description of the entire property is as follows: (please refer to the attached map):
Section II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 9th day of February, 1998.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPTE RESOLUTION A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A
SPECIAL USE PERMIT FOR CARRBORO BAPTIST CHURCH (File: 122.B.8L) (98-2-9/R-10a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Michael Hining Architects on behalf of Carrboro Baptist Church, on property identified as Chapel Hill Township Tax Map 122, Block B, Lot 8L, if developed according to the site plan dated February 17, 1997, and subsequently revised on September 22, 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 for Carrboro Baptist Church in accordance with the plans listed above and with conditions listed below:
Stipulations Specific to the Development
1. That construction begin by February 9, 2000 and be completed by February 9, 2001.
2. Land Use Intensity: This Special Use Permit approves a place of worship with a sanctuary seating 656 persons and a total Floor Area of 36,846 square feet; Outdoor Space of 478,207 square feet; Livability Space of 410,907 square feet, and a minimum of 164 parking spaces.
3. Watershed Protection District: That the applicant demonstrate compliance with the Low Density Option of the Town Ordinance’s Watershed Protection District regulations by submitting a plan identifying that the impervious surface on this site does not exceed 24%, shall be approved by the Town Manager. A note shall also be included on the final plat that states that the built-upon area on the site shall be restricted to a maximum of 24%, in accordance with the Low Density Option.
4. Parks and Recreation Easement: That an easement shall be recorded, granting the Town of Chapel Hill the use of all of the portions of the property lying within the 100-year floodplain, that will include or allow the following conditions: public pedestrian, non-motorized vehicle, and motorized wheelchair access; construction by the Town for trail and road improvement purposes; and maintenance by the Town for trail and road purposes.
Roadway Improvements
5. Right-of-Way: That one-half of an 80-foot right-of-way shall be dedicated along the property’s frontage on Culbreth Road prior to the issuance of a Zoning Compliance Permit.
4. Roadway Improvement: That the western two-thirds of this tract’s Culbreth Road frontage be improved to one-half of a 51-foot cross-section with a center turn lane, curb and gutter, a five-foot striped bike lane and a five-foot concrete sidewalk. These improvements shall be completed prior to the issuance of a Certificate of Occupancy for this development.
Stipulations Related to State and Federal Governments Approvals
5. Approval of Encroachment Agreements: That any required State permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Landscape Elements
6. Western Buffer: That the existing tree row along the site’s western border, consisting of a mixture of hardwoods and pines as noted on the applicant’s site analysis, shall be preserved to the maximum extent possible to assist in buffering the site from the adjacent Culbreth Park subdivision. Accordingly, the proposed parking lot shall be shifted to the east and/or retaining walls shall be installed to reduce the amount of grading and protect the existing vegetation in these areas in a manner to be approved by the Town Manager.
7. Landscape Plan Approval: That a detailed Landscape Plan, Landscape Maintenance Plan, and Lighting Plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.
8.
Landscape Protection Plan: That a Landscape Protection Plan be approved
by the Town Manager prior to issuance of a Zoning Compliance Permit and that
the Plan show the critical root zones of the significant trees on the site.
9. Tree Fencing: That tree fencing shall be used on the site to protect all existing vegetation and relevant root zones identified on the Landscape Protection Plan that will not be disturbed by construction. In particular, fencing shall be provided for the four significant oak trees (20-24” dbh) that are proposed to be preserved in the southwest corner of the site.
10.
Buffer
Plantings: Existing vegetation may be used to wholly or
partially fulfill the buffer planting requirements. The Town Manager shall determine the extent to which existing
vegetation may count towards the requirements.
The following landscape bufferyards shall be provided:
|
|
Location/Description
of Buffer |
Required Buffer Type |
|
|
Western Buffer - Along Culbreth Park |
‘C’ Type |
|
|
Southern Buffer - Along Culbreth Park |
‘C’ Type |
|
|
Eastern Buffer - Along U.S. 15-501 |
‘D’ Type |
|
|
Northern Buffer - Along Culbreth Road |
‘C’ Type |
Stipulations Related to Building Elevations
13. Building Elevations Approval: That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.
14. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, BellSouth, and the Town Manager before issuance of a Zoning Compliance Permit.
Miscellaneous Stipulations
16. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
17. Concrete Paving for Dumpster Pad: That the proposed area of concrete paving be extended south for an additional two parking spaces in order for the collection vehicles to remain on the concrete paving while backing and turning.
18. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), which shows the method(s) of conveying the storm water around the building site, and a landscape plan and landscape management plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.
19. Erosion Control: That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.
20. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
21. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
22. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
23. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Carrboro Baptist Church in accordance with the plans and conditions listed above.
This the 9th day of February, 1998.
Item 7 Downtown Parking
Regulations
Mr. Waldon briefly outlined the Council’s options relative to downtown parking regulations.
Transportation Board Chair Steve Manton said that the Board recommended the creation of a short-term task force on parking throughout the Town, rather than just the downtown area.
Council Member Andresen said that she would not be opposed to the Transportation Board studying this matter and reporting back to the Council.
Council Member Foy said that he did not favor the letter of credit option. Council Member Foy also said that he favored the recommendations of the Transportation Board on this matter.
Council Member Capowski noted that the Planning Board had voted to approve all but the letter of credit option.
Council Member Evans said that a payment-in-lieu option might provide some funds for purchasing outlying land parcels. She also suggested that the Council consider endorsing letters of credit in concept as a way of assisting small businesses.
Council Member Capowski asked whether an interest adjustment could be built into letters of credit. Mr. Horton said that this would not be administratively practicable. Council Member Capowski said he favored three of the four proposed changes, excluding the letter of credit proposal.
Council Member Bateman asked if a letter of credit could take into account inflation factors. Mr. Horton said that an inflation assumption could possibly be built into project cost estimates.
Council Member Foy inquired about the proposed duration for letters of credit. Mr. Horton said that the proposed letters of credit would have a term of ten years, subject to renewal.
Council Member Brown inquired what would happen if a bank backing a letter of credit went bankrupt. Mr. Horton replied that this would be unlikely unless established banking institutions failed.
Council Member Foy suggested requiring a cash payment of $3,600 per parking space, but requiring $7,200 per space for letter of credit postings.
Mr. Horton suggested that the Council not act on the letter of credit matter this evening.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO ADOPT ORDINANCE A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING THE CHAPEL HILL
DEVELOPMENT ORDINANCE TO ALLOW THE TOWN TO REQUIRE PAYMENTS-IN-LIEU OF PARKING
AS A COMPONENT OF TRANSPORTATION MANAGEMENT PLANS IN THE TOWN CENTER ZONING
DISTRICTS (98-2-9/O-2a)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance adjusting the parking regulations to allow the Town to require a payment-in-lieu of providing parking as a component of Transportation Management Plans in the Town Center zoning districts, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and are appropriate because the amendments achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED as follows:
SECTION I
AMEND Subsection 14.6.2(c ) of the Chapel Hill Development Ordinance to read as follows:
c) For
uses located within either Town Center zoning district, compliance with parking
requirements may be achieved by providing a Transportation Management Plan
subject to approval by the Town Manager or subject to the approval by
the Town Council if the proposed use requires Town Council approval. The Transportation Management Plan shall
identify efforts to promote the use of alternate modes of transportation and
may include required parking and/or
payment to the Town of Chapel Hill Parking Fund in accord with Chapter 11A of
the Chapel Hill Code of Ordinances for a portion of the required spaces.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
SECTION III
That these amendments shall become effective upon adoption.
This the 9th day of February, 1998.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO ADOPT ORDINANCE B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING THE CHAPEL HILL
DEVELOPMENT ORDINANCE TO INCREASE THE MAXIMUM DISTANCE BETWEEN OFF-SITE PARKING
SPACES AND THE PUBLIC ENTRANCE TO THE USE FOR WHICH SUCH SPACES ARE REQUIRED
(98-2-9/O-2b)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance increasing the maximum walking distance between off-site parking spaces and the public entrance to the use for which such spaces are required, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and are appropriate because the amendments achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED as follows:
SECTION I
AMEND Subsection 14.6.2(a) (ii) of the Chapel Hill Development Ordinance to read as follows:
ii) The
off-site parking spaces shall be located within five hundred (500) twelve hundred (1,200) feet walking
distance of a public entrance to the structure or land area containing the use
for which such spaces are required. A
safe, direct, attractive, lighted and convenient pedestrian route shall exist
or be provided between the off-site parking and the use being served;
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
SECTION III
That these amendments shall become effective upon adoption.
This the 9th day of February, 1998.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO ADOPT ORDINANCE C, SPECIFYING $3,600 PER PARKING SPACE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING CHAPTER 11A OF THE TOWN CODE TO REDUCE THE
PAYMENT-IN-LIEU AMOUNT (98-2-9/O-2c)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Code of Ordinances to reduce the payment-in-lieu amount, and finds that the amendments are appropriate;
NOW, THEREFORE, BE IT ORDAINED as follows:
SECTION I
AMEND the Section 11A-3 of the Chapel Hill Code of Ordinances to read as follows:
Sec. 11A-3. Determination of payments to fund.
Payment to this fund to meet off-street parking requirements shall be
made approximately to the equivalent purchase costs of land to accommodate the
parking required, which amount shall be set in terms of dollars per space
required, and shall be based on recent purchases of land in the town center
districts. The cost per space shall
be seven thousand two hundred dollars (7,200.00) $3,600, computed according to fractional
spaces required.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
SECTION III
That these amendments shall become effective upon adoption.
This the 9th day of February, 1998.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM CAPOWSKI, TO REFER THE MATTER OF LETTERS OF CREDIT TO THE MANAGER FOR A FOLLOW-UP REPORT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Pavăo asked whether the Council wished to appoint a task force on parking issues. Council Member Evans said that the Transportation Board could handle this matter.
Mayor Waldorf and Council Member Brown agreed that broadening the Town’s parking plan would be a good idea.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ASK THE TRANSPORTATION BOARD TO PROVIDE THE COUNCIL WITH A FOLLOW-UP REPORT ON TOWN-WIDE PARKING MATTERS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 8 Airport Drive Office
Building
Mr. Waldon briefly reviewed the University of North Carolina’s proposal to construct a 36,000 square foot office building near the intersection of NC 86 and Airport Drive.
Council Member Andresen inquired who would be responsible for maintaining storm drains. Mr. Waldon said that this would be the University’s responsibility.
Council Member Evans asked how much of the proposed sidewalks would be offsite. Mr. Waldon said that slightly less than half of required sidewalks would be offsite.
Council Member Capowski inquired about the location of bus stops to existing and proposed sidewalks. Ron Strom, representing the applicant, stated that there was not sufficient room for building a standard sidewalk without building a retaining wall along an existing embankment. He stated that another option would be to construct a sidewalk around an existing power pole instead of moving the power pole.
Mayor pro tem Capowski suggested that the Council ask the applicant to provide bicycle lane improvements on Airport Road south of Estes Drive. Mr. Strom said he thought that it would not be possible to widen Airport Road in this area to accommodate bicycle lanes.
Council Member Capowski expressed concern that directional arrows for bicyclists were going both ways on brown sidewalks, thereby creating confusion for bicyclists. Mr. Horton said that Town staff would follow up on this concern.
Council Member Foy asked whether utility lines could be relocated instead of moving the sidewalk. Mr. Strom responded that it would be too expensive to take this course of action.
Mayor Waldorf asked whether the University disagreed with any other proposed conditions of approval. Mr. Strom replied that there would be a problem with requiring a sidewalk beyond the building’s frontage because this land did not belong to the University. He stated that the University favored a continuous sidewalk from an existing bus stop on Airport Road to Airport Drive. He asked that the Council consider a change to stipulation 6a reducing the grass strip in this are to one foot. Mayor Waldorf inquired whether or not this would create any problems relative to utility poles. Mr. Horton said that this would not create any problems of this type.
Mayor Waldorf inquired who would be responsible for maintaining the grass strip. Mr. Horton said that the Town would be responsible for maintaining this strip. Council Member Evans asked whether there would be enough space in the strip to plant trees. Mr. Horton said that there would not be sufficient space to plant and maintain trees.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION 11A, INCLUDIING AMENDMENTS AS DRAFTED BY TOWN STAFF.
Council Member Foy suggested the possibility of the Town paying a portion of the costs for constructing a five-foot sidewalk with a three-foot buffer. Council Member Andresen said she believed that the grade in the area would necessitate having a retaining wall to seek the sidewalk in place.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO AMEND STIPULATION 11A, TO REQUIRE THE UNIVERSITY TO BUILD A FIVE FOOT WIDE CONCRETE SIDEWALK WITH A THREE FOOT GRASS STRIP AND A RETAINING WALL, WITH THE TOWN CONTRIBUTING UP TO $10,000 FOR THE PROJECT.
Mr. Horton commented that funding for this purpose could be transferred from the sidewalk capital account or the Council’s contingency account. Council Member Foy said he preferred the use of contingency funds. Council Member Wiggins expressed concern that approving contingency funds for this sidewalk project would open up the question of sidewalk project priorities. Mr. Strom said that the University did not support the proposed amendment.
THE PROPOSED AMENDMENT FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS ANDRESEN AND FOY VOTING IN FAVOR OF THE PROPOSED AMENDMENT.
THE MAIN MOTION, RESOLUTION 11A AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).
A
RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE UNC OFFICE
BUILDING ON AIRPORT DRIVE (98-2-9/R-11a)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council finds that the Special Use Permit application, as
proposed by Ron Strom, on property identified as Chapel Hill Township Tax Map
29, part of Lot 1A, if developed according to the site plan dated October 10,
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 (with the exceptions
listed below);
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 in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council
hereby approves the application for the Special Use Permit for the UNC Office
Building on Airport Drive in accordance with the plans listed above and with
conditions listed below:
Stipulations Specific to the Development
1.
That construction
begin by February 9, 2000 (two years
from the date of Council approval) and be completed by February 9, 2002 (four
years from the date of Council approval).
2.
Land Use: That
this Special Use Permit authorizes the construction of a three-story structure
for office-type business use only, containing no more than 60,000 square feet
of floor area and 177 parking spaces.
Required
Improvements
3.
Airport Drive
Right-of-Way: That the
University seek authorization from the Council of State to dedicate a 50-foot
wide public right-of-way along Airport Drive, between Estes Drive and N.C.
86. In the vicinity of the existing
Giles F. Horney Building, the placement of the right-of-way shall be located
adjacent to this building, and shall be approved by the Town Manager prior to
issuance of a Zoning Compliance Permit.
4.
Branch Street
Right-of-Way: That the University seek authorization from
the Council of State to provide public right-of-way dedication along the
portion of Branch Street located on University property.
5.
Roadway
Improvements: That Airport Drive shall be improved to
include curb and gutter and a five-foot wide sidewalk along this property’s
frontage.
6.
Pedestrian
Facilities: That the following pedestrian facilities be
provided for this development:
A.
A five-foot wide concrete sidewalk, with a three-foot
wide planting strip, along N.C. 86 between Airport Drive and Barclay Road, with
the normally required three-foot grass strip between the sidewalk and back of
curb reduced to one-foot where necessary in the vicinity of utility poles, and
for the Airport Road frontage between this property and Barclay Road.
B.
A direct, improved
pedestrian path from the Airport Drive bus stop to the closest entrance to the
proposed building.
7.
Bus Shelter: That
the existing bus stop on the south side of Airport Drive be improved to include
a bus shelter, bench and pad.
8.
Utility Lines: That
all overhead utility lines along Airport Drive shall be relocated underground,
unless the lines include three-phase electric power distribution lines. If three-phase utility lines exist, these
lines shall be raised to a minimum height of 18 feet to allow service vehicle
access, if determined to be necessary by the Town Manager.
9.
Stormwater
Detention Pond: That a stormwater detention facility, to
accommodate stormwater run-off from this proposed development, be located as
proposed by the applicant in the area between the Giles F. Horney Building and
N.C. 86, and designed and developed in a manner that provides additional
landscape bufferyard material to enhance both the foreground and background
bufferyard areas adjoining any detention facility.
Stipulation
Related to State and Federal Governments Approvals
10.
State
Permits/Agreements: That any
required State permits or encroachment agreements be approved and copies of the
approved permits and agreements be submitted to the Town of Chapel Hill prior
to the issuance of a Zoning Compliance Permit.
Stipulations
Related to Landscape Elements
11.
Landscape Plan
Approval: That a detailed landscape plan, landscape
maintenance plan, and lighting plan be approved by the Appearance Commission
and the Town Manager prior to issuance of a Zoning Compliance Permit.
12.
Landscape
Protection Plan: That a Landscape Protection Plan be approved
by the Town Manager prior to issuance of a Zoning Compliance Permit; and that
the Plan include Town standard notes and details.
13.
Planting Plan: That a
detailed Planting Plan, identifying the additional plantings needed to comply
with the Town’s landscape bufferyard requirements along the northern and
southern property lines, be approved by the Town Manager prior to issuance of a
Zoning Compliance Permit.
14.
Required
Buffers: That the following landscape bufferyards be
provided; and if any existing vegetation is to be used to satisfy the buffer
requirements, the vegetation will be protected by fencing from adjacent
construction:
¨ Type B landscape bufferyard (minimum width 50
feet) along the northern property line;
¨ Type B landscape bufferyard (minimum width 10
feet) along the western property line;
¨ Type C landscape bufferyard (minimum width 50
feet) along the southern property line in the western portion of the site;
¨ Type C landscape bufferyard (minimum width 75
feet) along the southern property line in the eastern portion of the site;
¨ Type C landscape bufferyard (minimum width 50
feet) along the eastern property line adjacent to residential properties; and
¨ Type D landscape bufferyard (minimum width 200
feet) along the eastern property line abutting N.C. 86.
The landscape bufferyards shall not include
utility easements or areas within which utilities are located. The Appearance Commission shall approve any
landscape bufferyard with a width less than that identified above as an
alternative buffer.
Stipulations
Related to Utilities
15.
Fire Flow: That a
fire flow report prepared by a registered professional engineer, showing that
flows meet the minimum requirements of the Design Manual, be approved by the
Town Manager prior to issuance of a Zoning Compliance Permit.
16.
Fire Prevention: That
the Fire Marshal approve all fire prevention systems prior to issuance of a
Zoning Compliance Permit.
17.
Fire Hydrant: That a
fire hydrant be located within 100 feet of the automatic sprinkler system
connection to this development.
18.
Utility/Lighting
Plan Approval: That the final
utility/lighting plan be approved by OWASA, Duke Power Company, Public Service
Company, BellSouth, and the Town Manager prior to issuance of a Zoning
Compliance Permit.
Stipulations
Related to Refuse Management
19.
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. This plan shall include provisions for corrugated cardboard
recycling, to comply with Town of Chapel Hill and Orange Regional Landfill
cardboard recycling requirements.
20.
Container
Labeling: That each bulk waste container shall be
labeled on the plans for type of material to be collected.
21.
All-Weather
Pavement: That the collection vehicle access route to
any area containing recyclable material collection containers shall be paved
with all-weather, heavy-duty pavement.
Miscellaneous
Stipulations
22.
Stormwater
Management Plan: That a Stormwater Management Plan, based on
the Town’s HYDROS model, be approved by the Town Manager prior to issuance of a
Zoning Compliance Permit. Based on a
10-year storm, the post-development stormwater run-off rate shall not exceed
the pre-development rate. The Plan must
show where and how stormwater detention for this site will be achieved.
23.
Transportation
Management Plan: That, prior to issuance of a Zoning
Compliance Permit, the applicant shall prepare a Transportation Management Plan
for approval by the Town Manager. The
required components of the Transportation Management Plan shall include:
¨
Provision for the
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.
24.
Appearance
Commission Approval: That the Appearance Commission shall approve
the building elevations, landscape plan and site lighting plan for this project
prior to issuance of a Zoning Compliance Permit.
25.
Detailed Plans: That
the final detailed site plan, grading plan, utility/lighting plan, Stormwater
Management Plan (with hydraulic calculations), and landscape plans 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 Design Manual.
26.
Erosion Control: That a
soil erosion and sedimentation control plan be approved by the North Carolina
Department of Environment, Health and Natural Resources and a copy of the
approval be submitted to the Town Manager prior to issuance of a Zoning
Compliance Permit.
27.
Silt Control: That
the applicant take appropriate measures to prevent and remove the deposit of
wet or dry silt on adjacent paved roadways.
28.
Construction
Sign: That the applicant post a construction sign that lists the
property owner's representative, with a telephone number; the contractor's
representative, with a telephone number; and a telephone number for regulatory
information, at the time that a Zoning Compliance Permit is issued for this
development.
29.
Continued
Validity: That continued validity and effectiveness of
this approval is expressly conditioned on the continued compliance with the
plans and conditions listed above.
30.
Non-severability: If any
of the above conditions is held to be invalid, approval in its entirety shall
be void.
BE IT FURTHER RESOLVED that the Town
Council hereby approves the application for a Special Use Permit for the UNC
Office Building on Airport Drive in accordance with the plans and conditions
listed above.
This the 9th day of February, 1998.
Item 9 Scheduling Meadowmont
Property Valuations Hearing
Mr. Horton said that staff recommended scheduling a public hearing on March 11th.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12.
Council Member Brown moved that the Council hold the hearing on March 18th to allow more time for preparation by interested parties. The motion failed for lack of a second.
THE MOTION TO ADOPT RESOLUTION 12 WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION SCHEDULING A DATE FOR THE RE-OPENING OF A PUBLIC HEARING
TO CONSIDER THE MEADOWMONT INFRASTRUCTURE APPLICATION (98-2-9/R-12)
WHEREAS, the Chapel Hill Town Council approved a Special Use Permit application on July 2, 1997, for an application known as the Meadowmont Infrastructure application; and
WHEREAS, after hearing a challenge of that decision, the Orange County Superior Court stated, with respect to the issue of property values, that “The Court must therefore reverse the Town Council on this issue. Since this matter was not fully explored by the Council on competent and relevant evidence, the Court will remand the matter to the Council for the receipt of additional evidence and further consideration.”; and
WHEREAS the Town Council intends to comply with this Court Order on a timely basis, considering the need for legally required public notice and time necessary to develop evidence;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council sets the following as the date and time for the aforementioned public hearing to be re-opened: Wednesday, March 11, 1998.
at the Chapel Hill Town Hall Council Chambers, 306 N. Columbia Street, at 7:00 p.m.
BE IT FURTHER RESOLVED that the scope of the hearing on this date shall be limited in a manner consistent with the Court Order, to be reconvened for the purpose of receiving evidence, from any person who wishes to submit evidence, as to whether or not the development proposed by the Infrastructure Permit, as it was approved by the Council on July 2, 1997, meets the finding required by Section 18.3 (c) of the Development Ordinance. That Section provides:
“(N)o Special Use Permit shall be approved by the Council unless each of the following findings is made concerning the proposed special use . . . (c) that the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity.”
BE IT FURTHER RESOLVED that two public hearings previously scheduled for March 11, consideration of a Development Ordinance Text Amendment to adjust Livability, Space ratios, and a Zoning Atlas Amendment for a parcel of land south of Morgan Creek (Chapel Hill Township Tax Map #122, block B, lot 21) are merely re-scheduled to April 20, 1998 at 7:00pm at Chapel Hill Town Hall.
BE IT FURTHER RESOLVED that the Town Manager is hereby directed to re-advertise this hearing and send notices in the manner in which such hearings are initially advertised and noticed.
This the 9th day of February, 1998.
Long Range Coordinator Chris Berndt reviewed Habitat for Humanity’s proposal to build eleven single-family homes on Rogers Road.
Robert Campbell said that residents of the Rogers Road area had expressed concerns about undesirable land uses in their neighborhood for the past twenty years. Mr. Campbell stated that area residents would prefer that available community development funds be expended for providing water and sewer service to current residents of the Rogers Road area.
Bonnie Norwood said that although she appreciated Habitat for Humanity’s proposal, she felt that potential residents should be warned about the contamination of well water in the area. She urged the Council to identifying funding for providing clean water to the Rogers Road neighborhood.
Vivian Foushee expressed concern that staff was recommending reducing community development funding for the Northside neighborhood revitalization project by $60,000.
David Rankin, a resident of the Northside neighborhood, requested the Council’s assistance in maintaining funding for the continuation of Northside’s efforts to preserve the community’s character.
Alan Idall, a resident of Highland Meadows, expressed concern about the very short notice he had received about this proposal. Mr. Hall stated that and he his neighbors felt that Habitat for Humanity should be required to comply with the same regulations as other subdivision developers.
Susan Levy of Habitat for Humanity asked the Council to consider a revised budget for the proposed eleven lot subdivision. She emphasized that Habitat for Humanity was not seeking concessions or attempting to bypass subdivision requirements. She noted that the Town was being asked to provide 18% or $18,000 per unit for the entire project.
Council Member Foy said that there was $118,000 left to fund the Northside or Pine Knolls projects within current fiscal year if money were allocated for the Habitat proposal.
Council Member Capowski inquired about Orange County’s funding of affordable housing projects. Ms. Levy said that County officials had indicated that these voter-approved funds would not be available until 1999 at the earliest, too late for Habitat’s Millennium project.
Mr. Horton noted that the site of the proposed Habitat for Humanity project on Rogers Road was located outside of the Town’s corporate limits. Mr. Horton said that he would therefore be very hesitant to respond to an emergency request for funding without knowing what other needs might be sacrificed.
Council Member Andresen suggested that the Council proceed with a public hearing on the matter to receive citizen comments regarding affordable housing and community development proposals. Mr. Horton added that next year’s projections for Community Development funds could be provided at the Council’s next business meeting.
Council Member Brown asked staff to include all other funds for such projects at the Council’s next regular business meeting. Mr. Horton said that it would be difficult to include all other funds because of the involvement of partners such as Orange County. Council Member Bateman suggested asking Orange County for reimbursement of approximately half the amount that the Town would possibly spend on the proposed Habitat project.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 13A, ADDING THE WORDS “AND COMMUNITY-WIDE MILLENNIUM CELEBRATION”.
Council Member Andresen said it was not the Council’s intention by adding this language to be signing a blank check in this matter. Mr. Horton said that this language would not have any fiscal or material implications.
RESOLUTION 13A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ENDORSING HABITAT FOR HUMANITY’S MILLENNIUM AFFORDABLE
HOUSING SUBDIVISION (98-2-9/R-13a)
WHEREAS, on January 26, 1998, Habitat for Humanity presented a proposal to the Town Council for the Millennium affordable housing subdivision on Rogers Road; and
WHEREAS, Habitat intends to create eleven homeownership opportunities for lower income households; and
WHEREAS, the Town has made statements in the Consolidated Plan to facilitate construction of new or substantially rehabilitated housing units that are affordable to families earning below 60% of the area median;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses Habitat for Humanity’s Millennium affordable housing subdivision.
This the 9th day of February, 1998.
Council Member Capowski expressed concern about the competing interests for community development funds. Ms. Levy noted that Habitat had a March 15th termination date for its proposed land acquisition contract.
COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 13B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING A PROCESS FOR AMENDING THE 1997 - 98 COMMUNITY
DEVELOPMENT PROGRAM FOR THE HABITAT FOR HUMANITY MILLENNIUM CELEBRATION PROJECT
(98-2-9/R-13b)
WHEREAS, Habitat for Humanity has requested the use of Community Development Block Grant Funds to purchase property on Rogers Road for the Millennium Celebration project; and
WHEREAS, Habitat for Humanity intends to construct affordable homeownership opportunities on this property for lower income households; and
WHEREAS, to use Community Development funds for this project, the Town must amend the 1997 - 98 Community Development program;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a pubic hearing for February 23, 1998 at 7:00 p.m. in the Council Chamber , Chapel Hill Town Hall, 306 North Columbia Street, to receive citizen comments on a proposed amendment to the 1997 - 98 Community Development Block Grant program.
BE IT FURTHER RESOLVED that the Council adopts the following process to amend the 1997 - 98 Community Development Block Grant program:
· publish a notice the Chapel Hill Herald summarizing the proposed amendment and to announce the time and date of the public hearing;
· begin the environmental review process required by the U.S. Department of Housing and Urban Development;
· take into account any citizen comments received at the February 23, 1998 public hearing while considering the proposed amendment; and
· review the amendment with the Housing and Community Development Advisory Board on February 24, 1998; and
· return to the Council on March 2, 1998 for consideration of the amendment; and
· if approved, submit a revised 1997 - 98 Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban Development; and
· begin a 30 day public comment period on February 10, 1998.
This the 9th day of February, 1998.
Item 11 Transit Overlay Zoning
District
Stating that staff had generally done a good job of addressing this matter, Council Member Andresen said that she would find it desirable for Section 16.4.4 to provide more flexibility to the Council.
Mr. Horton stated that the proposed public hearing on April 20th would allow the Council’s advisory boards to make recommendations on the matter and for citizens to develop comments.
Council Member Brown inquired about proposed public notification for this matter. Mr. Horton said that advertisements would appear in local newspapers, supplemented by mailings to interested parties.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION RECEIVING THE DRAFT “TRANSIT OVERLAY DISTRICT ORDINANCE”
AND CALLING A PUBLIC HEARING FOR APRIL 20, 1998
(98-2-9/R-14)
WHEREAS, the Town Council is interested in establishing a transit overlay district to promote greater transit use and pedestrian activity in certain areas of the Town; and
WHEREAS, a draft “Transit Overlay District Ordinance” has been prepared for the Council’s consideration;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the draft “Transit Overlay District Ordinance” and calls a public hearing for April 20, 1998 to receive comments from interested citizens.
BE IT FURTHER RESOLVED that this item be referred to the Town’s Transportation Board, Planning Board and Community Design Commission for their review and comment.
This the 9th day of February, 1998.
Item 12 Update on UNC Buildings
and Sustainability Principles
Council Members Brown and Andresen expressed concern about the energy efficiency of many of the University’s buildings.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO TAKE THE TOWN’S ENERGY ORDINANCE TO THE NEXT CCC MEETING TO RECEIVE THE UNIVERSITY’S FEEDBACK.
Council Member Capowski said that he would be pleased to do so. He added that less than one percent of the University’s building proposals went through the Town’s special use permit process. He stated that energy efficiency concerns also needed to examine vehicle usage.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 13 Sidewalks and Bicycle
Plan
Mr. Horton noted that there were very few unencumbered funds available for the construction of sidewalks.
Art Dodd asked the Council to reject and revise the proposed resolution to have greater funding allocation for sidewalk projects throughout the Town, including along Weaver Dairy Road. He urged the Council to act on sidewalk construction along Weaver Dairy Road during the current fiscal year.
John Hanson suggested that the Council consider charging developers a roughly proportional share of sidewalk construction costs.
Council Member Andresen commented that there were no sidewalks on Old Oxford Road. She requested that staff provide the Council with vicinity maps of the top ten sidewalk projects.
Council Member Wiggins inquired why project rankings were being discussed when the Council had yet to agree on a ranking system. She also noted that sidewalks created a sense of community and connectedness.
Council Member Evans noted that replacement sidewalks did not appear on the proposed ranking system.
Council Member Brown suggested that staff explore other alternatives for funding of sidewalk projects.
Council Member Foy inquired about funding from highway project enhancement program. Mr. Horton replied that the total amount allotted for sidewalks was $288,000 from the direct allocation program. He added that another option would be to explore funding possibilities through the Transportation Metropolitan Planning Organization.
Mayor Waldorf said that she favored Mr. Dodd’s suggestion of installing macadam sidewalks along Weaver Dairy Road across from East Chapel Hill High School.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE MATTER BACK TO STAFF FOR A FOLLOW-UP REPORT.
Council Member Wiggins noted that the ranking system could be finalized at a later date. She added that temporary sidewalks could be constructed along a portion of Weaver Dairy Road. Council Member Capowski expressed concern that the Council had singled out Weaver Dairy Road as a priority project rather than following the proposed ranking system.
Council Member Andresen commented that she disapproved of the ranking system and questioned the criteria used to develop them.
THE MOTION TO REFER THE MATTER TO STAFF WAS ADOPTED UNANIMOUSLY
(9-0).
Item 15a Funding Request by the
Landfill Owners Group
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 17. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A
RESOLUTION AUTHORIZING THE MANAGER TO PRESENT THE LANDFILL
OWNERS
GROUP WITH A PRELIMINARY LANDFILL FUND BUDGET DRAFT REPORT AT THEIR FEBRUARY
18, 1998 MEETING (98-2-9/R-17)
BE IT RESOLVED by the Council of the Town of
Chapel Hill that the Council authorizes the Manager to provide the Landfill
Owners Group with a preliminary Landfill Fund budget draft report at their
February 18, 1998 meeting.
This the 9th day of February, 1998.
Item 15b Follow-up Report on
Landfill Height Concerns
Robert Campbell said that residents of the Rogers Road area were very concerned that garbage at the existing landfill was not covered every day and that some illegal dumping was occurring in this area. He urged the Council to examine how the current landfill was managed.
Bonnie Norwood said that the odors associated with trash at the landfill were very objectionable. She noted that the proposed future rail system would go past the current and proposed landfill sites. She urged the Council to find another alternatives to current landfill management strategies.
Item 13 Proposed Development Moratorium
Josh Gurlitz, a local architect, spoke in favor of having a public hearing about the proposal. He said that the hearing could serve as a tool to develop cohesive and coordinated guidelines. He urged the Council to very carefully consider wording of the proposed development moratorium.
Council Member Andresen asked whether or not the proposed moratorium would apply to commercial renovation projects. Council Member Brown said her principal intent was to address in-fill pressures in in-Town historic and conservation district neighborhoods.
Council Member Andresen commented that current zoning regulations did not sufficiently protect residential neighborhoods from deleterious commercial projects.
Council Member Evans interjected that she thought it would be important for Council Members to read David Owens’ article regarding development moratoria. She also said that the Council needed to determine that a problem existed before calling a public hearing regarding the proposal. Council Member Evans stated that many questions needed to be addressed to Town staff regarding which properties would be affected by the proposed moratorium. She asked whether it would it be necessary to hire additional staff to accomplish a study and how the moratorium would relate to the Historic District Commission and the Downtown Small Area Plan Work Group. She concluded by stating that she was very uncomfortable going ahead without a Town staff report and public notification.
COUNCIL MEMBER PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE BACK TO STAFF FOR A DETAILED FOLLOW-UP REPORT.
Council Member Bateman said that although she was prepared to vote on looking at protective zoning for neighborhoods, she had not a chance to think through the downtown proposal and situation. She suggested that the Council call a public hearing on the matter. Council Member Capowski said that he was ready to vote on having a public hearing if the phrase “downtown service district” were deleted from the proposed moratorium. Council Member Brown concurred with this proposed modification.
Council Member Wiggins also agreed but asked how the proposed moratorium related to the community’s goals and plans. Council Member Brown stated that she intended that the moratorium would lead towards this goal. Council Member Wiggins replied that she would raise her concerns at the public hearing.
Mayor Waldorf commented that in her opinion the proposal was poorly drafted in terms of stating the problem area and that she favored a motion to defer consideration of the matter.
Referencing Professor Owens’ article, Council Member Evans urged the Council to be cautious in proceeding with the possible development moratorium.
THE MOTION TO DEFER THE MATTER FAILED BY A VOTE OF 4-5, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS, PAVAO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN, BATEMAN, BROWN, CAPOWSKI AND FOY VOTING NO.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WIGGINS,
TO ADOPT RESOLUTION 15, EXCLUDING THE DOWNTOWN SERVICE DISTRICT FROM THE PROPOSED MORATORIUM AREA.
Council Member Wiggins said that she would support the motion if staff provided additional background information about the proposed moratorium.
Council Member Evans proposed a friendly amendment adding the language “Downtown Small Area Plan Work Group” She also suggested deleting the word “temporary” from the proposed resolution because it was redundant.
Mayor Waldorf stated that she would like to add a friendly amendment linking the moratorium to the Comprehensive Plan and Zoning Atlas. Council Member Wiggins commented that she believed that confusion resulted when issues were discussed at the retreat but no actions were taken. Council Member Foy said he thought that the Council discussed the matter at the retreat and was proceeding with the Manager’s proposed schedule. Council Member Foy added that he did not think that it was a good idea to link the Comprehensive Plan to the limited scope of the moratorium.
RESOLUTION 15, AS AMENDED, WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS EVANS, PAVAO AND WIGGINS VOTING NO.
A RESOLUTION CALLING A PUBLIC
HEARING FOR MARCH 2, 1998 TO ESTABLISH A MORATORIUM ON DEVELOPMENT IN THE FRANKLIN-ROSEMARY HISTORIC DISTRICT, THE
CAMERON-McCAULEY HISTORIC DISTRICT, AND THE NORTHSIDE CONSERVATION DISTRICT
(98-2-9/R-15)
WHEREAS, significant concerns have been identified in the Franklin-Rosemary Historic District, the Cameron-McCauley Historic District, and the Northside Conservation District regarding use, development and redevelopment of property; and,
WHEREAS, the Council believes the present zoning may be inadequate to give these areas the protections they deserve; and,
WHEREAS, the Council wishes to consider the possibility of enacting a development moratorium, of up to one year in length, within these areas of Town in order to allow study of possible ways to provide greater protection to these neighborhoods and areas;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for March 2, 1998, to consider a moratorium on development within the above described and defined areas.
BE IT FURTHER RESOLVED that the Council directs the staff to provide notices required by law to property owners regarding the Council’s consideration of this moratorium.
BE IT FURTHER RESOLVED that the Council refers this proposal to the Planning Board, the Historic District Commission and the Town Manager for reports and recommendations.
BE IT FURTHER RESOLVED that the Council invites all persons interested to attend the public hearing and offer comment on the need and justification for a moratorium on development within these areas.
BE IT FURTHER RESOLVED that the Council declares its intent to consider making the moratorium effective as to all development for which a zoning compliance permit or building permit has not been issued prior to the effective date of the moratorium.
BE IT FURTHER RESOLVED that the Council declares its intent to consider making the moratorium effective as to all development for which a completed application for either site plan approval, special use permit, zoning compliance permit or building permit has not been received and accepted by the Town, and all required fees paid, prior to the effective date of the moratorium. (A completed application is one which includes all information required by the Town’s Development Ordinance and Planning Department policies.)
BE IT FURTHER RESOLVED that the Council directs the staff to prepare for the Council’s consideration at the time of the public hearing on the moratorium a proposal for the make-up of a committee and charge to this committee to list the problems and possible options of ways these problems could be addressed, including a time limit for a report which would include any proposals for changes to the Development Ordinance.
BE IT FURTHER RESOLVED that a time frame be established so that the list of problems and possible options could be considered by the Council and any proposed Development Ordinance amendments could be given a public hearing and considered for adoption prior to the expiration of any moratorium adopted.
This the 9th day of February, 1998.
Item 4.1e
Booker Creek Linear Park
Council Member Andresen said that although she supported the proposed park, she did not want to increase the flooding risks in the Eastgate area.
Greenways Commission Member Andrea Rohrbacher said that there was a great deal of support in the community for the proposed linear park.
COUNCIL MEMBER CAPOWSKI’S MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 5, WITH AN AMENDMENT TO INCLUDE CONSIDERATION OF POTENTIAL FLOODING IMPACTS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ESTABLISHING A CHARGE TO AND COMPOSITION OF A BOOKER CREEK
LINEAR PARK ADVISORY COMMITTEE AND AUTHORIZING THE USE OF UP TO $25,000 OF
EXISITNG GREENWAY CAPITAL IMPROVEMENT PROGRAM FUNDS FOR DEVELOPMENT OF A
CONCEPTUAL PLAN STUDY FOR THE PROPSOED BOOKER CREEK LINEAR PARK (98-2-9/R-5)
WHEREAS, that portion of Booker Creek that flows from Franklin Street to Fordham Boulevard is a Town entranceway, and
WHEREAS, that portion of Booker Creek has the potential to become the center of an urban park, and
WHEREAS, the proposed linear park could provide for pedestrian and bicycle transportation links between important commercial areas, and
WHEREAS, the proposed linear park could enhance the aesthetics of the Booker Creek corridor and increase the value of adjacent properties,
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to solicit applications for the Booker Creek Linear Park Advisory Committee consisting of:
· Two members of the Greenways Commission
· Four citizens at-large
· One member of the Appearance Commission
· One member of the Parks & Recreation Commission
· Five representatives of businesses or tenants of business locations in the Booker Creek corridor between Franklin Street and Fordham Boulevard.
CHARGE TO THE COMMITTEE
· Identify and discuss options for: trail locations, amenities, landscaping, entranceway concerns, signage, easement acquisition, and other issues.
· Work with the staff and consultant to prepare and recommend a conceptual plan report.
BE IT FURTHER RESOLVED that the Council shall appoint the Booker Creek Linear Park Advisory Committee and that it shall be disbanded after Council’s consideration of the committee’s conceptual plan report.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the use of up to $25,000 in existing Greenways capital improvement program funds in the current Capital Improvements Fund budget for the purpose of developing a Booker Creek Linear Park conceptual plan.
This the 9th day of
February 1998.
Item 17
Request for Closed Session
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, FOR THE COUNCIL TO GO INTO CLOSED SESSION AS AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 143-318.11A-3 TO DISCUSS A PENDING LAWSUIT IN WHICH THE PARTIES WEERE THE OAKS TWO HOMEOWNERS ASSOCIATION, SEVERAL PROPERTY OWNERS ALONG PINEHURST DRIVE, THE TOWN OF CHAPEL HILL AND THE DEVELOPERS OF MEADOWMONT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
No public report followed the closed session.
The regular meeting stood adjourned at 11:17 p.m.