SPECIAL MEETING OF THE CHAPEL HILL TOWN COUNCIL

                                      WEDNESDAY, AUGUST 4, 1999 AT 5:00 P.M.

 

 

Mayor Rosemary Waldorf called the meeting to order at 5:00 p.m.

 

Council Members present were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavăo, and Edith Wiggins.

 

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, and Town Clerk Joyce Smith.

 

                                 Item 1 - Petition by Council Member Brown Regarding

                                                Amendment to the Noise Ordinance

 

COUNCIL MEMBER BROWN MOVED TO REFER HER MEMO DISTRIBUTED PRIOR TO TONIGHT’S MEETING TO THE TOWN ATTORNEY AND THAT THE TOWN ATTORNEY DRAFT LANGUAGE FOR A REVISION TO THE NOISE ORDINANCE FOR CONSIDERATION AT THE AUGUST 23, 1999 COUNCIL MEETING.  SECONDED BY COUNCIL MEMBER WIGGINS.  THE MOTION WAS ADOPTED UNANIMOUSLY.

 

 

           Item 2 - Consideration of Motion to Move Into Closed Session to Discuss Issues

                 Related to the Meadowmont Office Building Special Use Permit Litigation

 

COUNCIL MEMBER PAVĂO MOVED THAT THE COUNCIL GO INTO CLOSED SESSION, AS AUTHORIZED BY N.C. GENERAL STATUTE SECTION 143-318.11(a)(3), TO DISCUSS THE LITIGATION INVOLVING THE TOWN AND THE DEVELOPERS OF THE MEADOWMONT OFFICE SITE.  SECONDED BY COUNCIL MEMBER EVANS.  THE MOTION WAS ADOPTED UNANIMOUSLY.

 

Mayor Waldorf invited visitors to leave.

 

THE COUNCIL MOVED INTO CLOSED SESSION AT 5:10 P.M.

 

THE COUNCIL MOVED INTO OPEN SESSION AT 6:45 P.M.

 

 

                            Item 3 - Consideration of Report and Action in Open Session

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION A WITH THE FOLLOWING AMENDMENTS:

 

1.         On the first page of resolution A, the final WHEREAS clause should read:  “WHEREAS, upon acceptance of the terms of this Resolution by the Developer and the other terms referenced in the Memorandum of August 4, 1999, from the Town Manager and Town Attorney, and upon the Developer of Meadowmont applying for and receiving approval of a minor change to the Master Plan to reduce the total approved office space by 22,500 square feet, the Town Council authorizes and directs that its appeal of the pending litigation shall be withdrawn.”

 

2.         On the second page of resolution A, paragraph numbered 2 under “Stipulations Required for Settlement of Litigation,” should read:  “The permit holder will delete 101 parking spaces (leaving 850 parking spaces in the development) including removing the upper level of Parking Deck A.”

 

3.         On the second page of resolution A, paragraph numbered 3 under “Stipulations Required for Settlement of Litigation,” should read: The overall project size will be reduced from 225,000 square feet to 202,500 square feet (10% or 22,500 square feet), with the specific reductions in one or both of the buildings to be resolved with the Manager during the ZCP phase.  This reduction in office space square footage will not impact the office/commercial ratios required for the overall Meadowmont development and the reduction will not be used for the purpose of reducing the allowable development of commercial space.”

 

Mayor pro tem Capowski said he would not support this resolution.  He noted he did not want his name on it because it was presented as an office project that would be pedestrian friendly, bicycle friendly, and vehicle minimized.  Mayor pro tem Capowski said the amount of parking required by the project indicates clearly that it is not as it has been described.  He said it is an automobile based suburban project and he would not support it.

 

Council Member Foy said he was supporting it because the developers had been very cooperative.  He said that he believed the project was now a better project.

 

Council Member Evans said in an effort to move forward and build more community support, and not expend taxpayers dollars in court, she would vote for the resolution.

 

Council Member Wiggins said she would also support the resolution and she believed it was a major change in direction of the Council in working together to achieve a viable development.

 

Council Member McClintock agreed that the project was significantly better.

 

THE MOTION WAS ADOPTED 8-1, WITH MAYOR PRO TEM CAPOWSKI VOTING NAY.

 

 

A RESOLUTION ISSUING A SPECIAL USE PERMIT FOR THE MEADOWMONT OFFICE PARK (99-8-4/R-1a)

 

WHEREAS, on January 11, 1999, the Council of the Town of Chapel Hill adopted Resolution 99-1-11/R-13d, denying an application for a Special Use Permit for the Meadowmont Office Park; and

 

WHEREAS, the Council’s denial was subject to judicial review in the case Capital Associates and Meadowmont Development Company v. Town of Chapel Hill, et al, 99 CVS 227 (Orange County); and

 

WHEREAS, on May 25, 1999, an Order was entered in that case reversing the Council’s denial of the Office Building Special Use Permit, and directing that the Town Council issue a special use permit in the form set forth in Resolution 13a of the Council’s Agenda Materials for January 11, 1999; and

 

WHEREAS, on June 22, 1999, the Town of Chapel Hill gave Notice of Appeal from the May 25, Order of Superior Court; and

 

WHEREAS, the parties to this litigation negotiated and, on July 7, 1999, the Town Council adopted a resolution issuing a Special Use Permit for this project, but the terms of that resolution were not accepted by the applicants; and

 

WHEREAS, the parties have continued to negotiate and have now agreed to certain adjustments to Resolution 13a, which the Town Council finds to be minor changes not requiring further public hearings and changes which could have been added subsequent to the close of the hearing on January 11, 1999, without necessitating further public hearing; and

 

WHEREAS, upon the acceptance of the terms of this Resolution by the Developer and the other terms referenced in the Memorandum of August 4, 1999, from the Town Manager and Town Attorney, and upon the Developer of Meadowmont applying for and receiving approval of a minor change to the Master Plan to reduce the total approved office space by 22,500 square feet, the Town Council authorizes and directs that its appeal of the pending litigation shall be withdrawn;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Capital Associates, on property identified as Chapel Hill Township Tax Map 52, part of Lot 6; if developed according to the Site Plan dated July 8, 1998, the Meadowmont Master Land Use Plan, 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 Article 12, 13, 14, and 18, and with all other applicable regulations;

3.      Would be located, designed, and 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 Council finds that the development proposed herein is consistent with the Meadowmont Master Land Use Plan.

 

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

 

Stipulations Required for Settlement of Litigation

The following terms are hereby incorporated into the development as part of the negotiated settlement of pending litigation: 

 

1.   If the property is conveyed to the University or other entity exempt from property taxes, a covenant will be placed in the deed of conveyance requiring the tax exempt purchaser to make a payment to the Town in lieu of property taxes.

 

            2.   The permit holder will delete 101 parking spaces (leaving 850 parking spaces in the development) including removing the upper level of Parking Deck A. 

 

            3.   The overall project size will be reduced from 225,000 square feet to 202,500 square feet (10% or 22,500 square feet), with the specific reductions in one or both of the buildings to be resolved with the Town Manager during the ZCP phase.  This reduction in office square footage will not impact the office/commercial ratios required for the overall Meadowmont development and the reduction will not be used for the purpose of reducing the allowable development of commercial space.

 

            4.  The permit holder will implement a transportation demand management program, subject to the terms being agreed upon with the Town Manager, including meaningful service by Chapel Hill Transit to the buildings.  The plan for this program will be referenced and made a part of any settlement agreement executed by the parties to the litigation involving this project. 

 

            5.  The permit holder will add $50,000 to its current landscaping budget.  The Town staff will review the current landscape plans as shown and proposed additions to confirm the inclusion of additional landscaping reflective of this budget increase.

 

            6.  Upon issuance of a Certificate of Occupancy, a contribution of $12,500 will be made by or on behalf of the permit holder to Orange Community Housing Corporation in support of its affordable housing development at Meadowmont.

 

In case of any conflict between the terms listed in this section “Stipulations Required for Settlement of Litigation” and any other terms of this Resolution, the terms of this section shall control.

 

Stipulations Specific to the Development

1.      Construction Deadline:  That construction begin by August 4, 2002 (three years from the date of Council approval) and be completed by August 4, 2007 (eight years from the date of Council approval).

2.      Land Use Intensity:  This Special Use Permit authorizes the following:

·                    One four-story building, with 150,000 square feet of floor area, for office-type business use;

·                    One three-story building, with 75,000 square feet of floor area, for office-type business use;

·                    Two two-level parking structures;

·                    901,332 square feet of outdoor space;

·                    144,877 square feet of livability space; and

·                    Up to 951 parking spaces.

3.                  Connection to Friday Center Drive:  That a vehicular connection shall be provided to Friday Center Drive, or to the Friday Center service road.

4.                  NC 54 Improvements: That the following NC 54 improvements shall be completed prior to issuance of the first Certificate of Occupancy for this office development:

A.                 Cross-section:  Construction of one-half of a six-lane cross-section, with a center landscaped median, from Finley Golf Course Road to Friday Center Drive.

B.                 Right-Turn Lanes:  Construction of one eastbound right-turn lane at the NC 54/Hilltop Collector Road intersection, and one eastbound right-turn lane at the NC 54/Friday Center Drive intersection.

C.                 Left-Turn Lanes:  Construction of one westbound left-turn lane at the NC 54/Hilltop Collector Road intersection, and one westbound left-turn lane (in addition to the existing left-turn lane) at the NC 54/Friday Center Drive intersection.

D.                 Traffic Signal:  Installation or payment-in-lieu of a traffic signal at the NC 54/Hilltop Collector Road intersection, including hard wire connections to the Town’s computerized traffic signal system.

E.                  Traffic Signal Upgrades:  Installation or payment-in-lieu of traffic signal upgrades at the NC 54/Friday Center Drive intersection, including hard wire connections to the Town’s computerized traffic signal system.

F.                  Bicycle/Pedestrian Tunnel:  Construction of the below-grade bicycle/pedestrian tunnel crossing NC 54, including utility wiring to allow future installation of a video monitoring system.  The North Carolina Department of Transportation shall review and approve the specifications for this tunnel prior to issuance of a Zoning Compliance Permit.  The tunnel shall be a minimum of 10 feet in width and shall satisfy the North Carolina Department of Transportation’s standards for non-vehicular tunnels.

G.                 Landscaped Center Median: That the center median along NC 54 shall include landscaping as approved by the North Carolina Department of Transportation and the Town Manager.  Curb and gutter shall be provided along the NC 54 median at the intersections with Friday Center Drive and Hilltop Collector Road, unless NCDOT determines that curb and gutter is required along the entire length of the median to accommodate plantings.

5.                  NC 54 Bicycle /Pedestrian Path:

A.                 Path Location:  That the bicycle/pedestrian path along NC 54 shall be located at least 6-8 feet from the highway between the western edge of the site and the driveway, for purposes of tree preservation in this area.  The path shall be located further from the highway, following the topography of the land, between the driveway and the bicycle/pedestrian tunnel; and if feasible, the path shall meet the Americans with Disabilities Act standards as it approaches the tunnel.  East of the tunnel, the path shall remain away from the highway if an easement is obtained for construction of a continuous path on the University property to the east; if an easement is not obtained, the path shall be located at least 6-8 feet from the highway, within the public right-of-way if possible.

B.                 Path Width:  That the bicycle/pedestrian path be 10 feet in width along its entirety, unless otherwise determined by the Town Manager.

C.                 Path Design at Intersections:  That the off-street bicycle/pedestrian path along NC 54 be designed so that the path is drawn closer to the Highway when approaching the intersections with Friday Center Drive and the site’s entrance across from Hilltop Collector Road.

D.                 Path Completion:  That the bicycle/pedestrian path shall be completed prior to issuance of the first Certificate of Occupancy for this office development.

E.                  Path Maintenance:  That maintenance of the bicycle/pedestrian path shall be the responsibility of the Owners’ Association.

F.                  Path Design:  That the bicycle/pedestrian path shall follow the North Carolina Department of Transportation’s guidelines for design and signage.

G.                 Call Box Wiring:  That the appropriate utility wiring shall be provided at the southern end of the bicycle/pedestrian tunnel, to provide the capability for installation of a call box if desirable or deemed necessary in the future.

6.                  Parking:

A.                 Eliminated Parking Spaces:  That the 70 parking spaces along the southern property line be eliminated from the plans, for purposes of tree preservation along the southern property line.

B.                 Parking Area Revisions:  That revisions be made to the grade-level parking area in the eastern portion of this site to allow preservation of the 43-inch red oak tree that exists within this proposed parking area.

C.                 Parking Area Screening:  That all parking areas be screened from highway view, and that screening plans shall be approved by the Community Design Commission and the Town Manager prior to issuance of a Zoning Compliance Permit.

D.                 Parking Lot Design:  That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.

7.                  Permanent Retention Basin Installation:

A.                 That the stormwater retention pond associated with each phase of development be in place prior to completion of that phase.

B.                 Compliance with the Town Watershed Protection District regulations, if applicable, shall be demonstrated with the provision of multiple permanent ponds. For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required.  For those portions of the development complying with the High Density option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.

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

D.                 These wet retention ponds 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, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.

F.                  The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds 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.  Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager.  Restrictive covenants shall be recorded which shall identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.

G.                 Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners association.  A maintenance plan shall be provided for each of the retention ponds, 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 the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.

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 ponds during construction activity on contributing sites must be removed before “normal” pond operation begins.

K.                Emergency drains shall be installed in all ponds 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.               That no ponds be created within the perimeter landscaped buffer required for the Meadowmont development.

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

8.         Stormwater Management:

A.                 Stormwater Management Plan:  That a Stormwater Management Plan, based on a 10-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The post-development stormwater run-off rate shall not exceed the pre-development rate.  Stormwater calculations shall be determined using methods acceptable to the Town Manager.

B.                 Pond Facilities/Access Easements:  Design and construction of any stormwater management facility shall be approved by the Town Manager.  All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for ingress/egress as necessary for construction, maintenance operations and equipment.  The drive shall be in a location to be approved by the Town Manager.

9.                  Ownership and Responsibilities of Common Areas:

A.                 That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys.  All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association.  This owners’ association shall have maintenance responsibilities for commonly owned development elements which affect the entire development including the stormwater management facilities.

B.                 In addition, a separate neighborhood association(s) and/or owners’ association(s) shall be created for the maintenance and regulation of the residential, office, and commercial areas.  The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

C.                 The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, and the landscape buffers.

D.                 These entities shall also be responsible for any “add-on fees” charged by Duke Power for special street lighting.

E.                  These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

Stipulations Related to State and Federal Approvals

10.              State or Federal Approvals:  That any required State or federal permits or encroachment agreements be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

11.              NCDOT Approvals:  That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

Stipulations Related to Landscape Elements

12.              Landscape Protection Plan: 

A.                 Landscape Protection Plan Approval:  That a detailed Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas.  The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation.

B.                 Landscape Protection Along NC 54:  That the final plans include detailed information about the NC 54 widening project, and that the Landscape Protection Plan be revised to include tree protection fencing between the NC 54 construction and adjacent vegetation.

C.                 Off-Site Sewer Lines:  That the Landscape Protection Plan be expanded to include the off-site sewer line construction for development in the eastern portion of the site.

D.                 Trees Along Southern Property Line:  That the Landscape Protection Plan be revised to show all trees greater than 18” dbh near the southern property line of this site.

E.                  Retaining Walls:  That retaining walls be installed to preserve significant vegetation near the southern property line, if/where deemed necessary by the Town Manager.

13.              Landscape Plan Approval:  That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14.              Plantings along NC 54 Frontage:  That plantings be provided, meadows restored and existing vegetation preserved along the NC 54 frontage of this site, in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors and the Meadowmont Design Guidelines, Plans and Details document.  Planting plans for trees along NC 54 shall also be subject to approval by the North Carolina Department of Transportation.

15.              NC 54 Entranceway Corridor:  That the applicant provide additional information as part of the final plan review process including detailed elevations and direct views from NC 54 for consideration by the Community Design Commission. The Community Design Commission and Town Manager shall review final planting plans and approve the size and location of the proposed “windows” in the NC 54 buffer.

16.              Landscaping Bufferyards:

A.                 The following landscape bufferyards shall 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 D landscape bufferyard (between 100 and 400 feet in width), and meadow restoration in accordance with the Meadowmont Design Guidelines, Plans and Details document, along the site’s NC 54 frontage; and

·                    Type B landscape bufferyard (minimum width 20 feet) along the western, southern and eastern property lines of the site.

B.                 Supplemental plantings may be necessary to fulfill the requirements for landscape bufferyards, screening, and entranceway plantings.

Stipulations Related to Water, Sewer and Other Utilities

17.                Burial of Utility Lines:  That all utility lines, new and existing, shall be placed underground.

18.              Fire Flow:  That a detailed fire flow report, certified by an engineer registered in North Carolina, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. 

19.              Fire Hydrants:  That a third fire hydrant be added to the plans at a location to be determined by the Town Manager.

20.              Fire Sprinkler System:  That the Fire Department connections to the sprinkler systems be approved by the Town’s Fire Marshal prior to issuance of a Zoning Compliance Permit.

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

Miscellaneous Stipulations

22.             Refuse/Recycling: 

A.                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.

B.                Refuse/Recycling Facilities:  That revisions be made to the site plan to accommodate additional refuse and/or recycling facilities if deemed necessary by the Town Manager.

23.              Transportation Management Plan:  That a Transportation Management Plan, based on the draft plan submitted as part of this application, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan shall be updated and approved annually 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.

 

24.              Bus Stop:  That a bus stop, with amenities, be provided at a location to be determined by the Town Manager.

25.              Construction Management Plan:  That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The Construction Management Plan shall specify that no construction vehicles serving this site shall use any existing streets within the area bounded by Ephesus Church Road, George King Road, NC Highway 54, and Fordham Boulevard.

26.              Building Elevation Approval:

A.                 Building Elevations/Site Lighting:  That detailed building elevations and site lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.

B.                 Building Heights:  That the tops of the buildings shall not exceed the existing tree canopy as viewed from NC 54.

C.                 Compatibility of Buildings:  That the Community Design Commission consider the building elevations in this office development for architectural compatibility with other Meadowmont-related buildings on the south side of Highway 54.

27.              Design Guidelines:  That revisions may be incorporated into the Meadowmont Entranceway Corridor Design Guidelines document, in accordance with this Special Use Permit approval.  These revisions shall be subject to Town Manager approval.

28.              Detailed Plans:  That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and design standards of the Development Ordinance and Design Manual.  Sight triangle easements shall be identified on the final plats.

29.              Clearing and Grading:  That all cut and fill slopes along public rights-of-way shall be a maximum of 3:1, or as approved by the Town Manager.

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

 

            If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase.  A note to this effect shall be placed on the final plat.

31.              Erosion Control:  That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and that a copy of the approval letter be provided to the Town prior to issuance of a Zoning Compliance Permit.

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

33.              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.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby issues the Special Use Permit for the Meadowmont Office Park, effective upon the Applicant/Developer providing formal written confirmation of the acceptance of the terms contained herein.

 

This the 4th day of August, 1999.

 

           

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADJOURN THE MEETING.  THE MOTION WAS ADOPTED UNANIMOUSLY.

 

The meeting was adjourned at 7:00 p.m.

 

 

 

The minutes of August 4, 1999 were adopted on the 27th day of September, 1999.

 

 

 

                                                                        __________________________________________

Joyce A. Smith, CMC

Town Clerk