SUMMARY MINUTES OF A PUBLIC HEARING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, MAY 15, 2000, AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Joyce Brown, Kevin Foy, Lee Pavăo, Bill Strom, Jim Ward, and Edith Wiggins. Council Member Pat Evans was absent, excused.
Staff members present were Town Manager W. Calvin Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Bill Stockard, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Development Coordinator J. B. Culpepper, and Acting Town Clerk Toni Pendergraph.
Item 1 - Providence Glen Condominiums Application for a
Special Use Permit and Zoning Atlas Amendment
1a. Continuation of hearing to receive Manager’s follow-up report on Special Use Permit for Providence Glen Condominiums.
Planning Director Roger Waldon noted that the Town Council had been discussing ways for the applicant to offer long-term affordable housing, such as including a mechanism for initial below-market affordability and ongoing affordability. He said that the Council and the applicant had essentially agreed, but had asked the staff to put it into formal language.
Mr. Waldon explained that a certain amount of units would be sold at below-market price and that deed restrictions would accompany those sales. He added that the developer would be allowed to sell them on the open market if the sale did not close within 60 days after the Town issued a Certificate of Occupancy. Mr. Waldon stated that the staff had recommended approval for rezoning and for the SUP.
Dawn Heric said that she and Mr. Michael G. Sandman were available to answer questions about the proposed language.
Council Member Bill Strom asked the applicant if they could source their building materials from an Orange County vendor so that the area could benefit by local sales tax revenues.
Council Member Kevin Foy asked the applicant if they would be amendable to extending the 25-year term of the deed.
In response to Council Member Strom’s question, Mr. Sandman explained that the applicant had been discussing a contract with Resolute Building Company whose practice was to use local vendors. In response to Council Member Foy, Mr. Sandman said that there would be no problem with a 50-year term.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
1b. Consideration of an ordinance regarding the Zoning Atlas Amendment.
COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO APPROVE THE ZONING ATLAS AMENDMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE PROVIDENCE GLEN CONDOMINIUMS DEVELOPMENT (Chapel Hill Tax Map Number 26, Lot 17L) (2000-05-15/O-7)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of The John R. McAdams Company to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-5-Conditional zoning, and finds that the amendment is warranted due to changing conditions in the area, and in order to achieve 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 26, Lot 17L, that is currently zoned Residential-2, located on the south side of Sterling Drive approximately 520 feet east of Sage Road, shall be rezoned to Residential-5-Conditional zoning. The description of the portion of this property to be rezoned is indicated on the attached map.
SECTION II
That the use to this property is limited to that proposed and approved in a Special Use Permit approved by the Town Council for this property.
SECTION III
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 15th day of May, 2000.
1c. Consideration of alternate resolutions regarding the Special Use Permit.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 12A.
In response to a question by Council Member Foy, Town Attorney Ralph Karpinos noted a reference to “25 years” at the bottom of page 10 of R-12a and explained that the change to 50 years would go there.
BOTH THE MOVER AND SECONDER ACCEPTED THAT CHANGE AS AN AMENDMENT.
Council Member Bateman asked about stipulations requiring occupants to plant at the worst time of year. Mr. Horton replied that occupants were allowed to post bonds instead of planting. Council Member Bateman gave examples of some who had not realized that they could do that.
Council Member Jim Ward asked what latitude people were being given regarding planting. Mr. Horton agreed to report back to the Council on that. Council Member Ward asked what “general” meant (in the table regarding bike parking on page 7) under “differences among resolutions.” Mr. Horton explained that it meant parking facilities would be required but not as specifically proposed by the Bicycle Committee.
Mr. Waldon added that the staff had recommended that specific details such as those proposed by the Bike Committee not be worked out until the final plans. Council Member Ward replied that he was comfortable with the staff working out the number but wanted to make sure that the bike racks were covered and secured. Mr. Horton suggested adding “with appropriate cover and lighting” between the words “parking” and “facilities.” Both the mover and seconder accepted that.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT RESOLUTION 12A, AS AMENDED, TO INCLUDE EXTENDING THE LENGTH OF THE DEED AND ADDITIONAL WORDING REGARD BICYCLE PARKING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-05-15/R-12a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. 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 these findings are conditioned on the following:
Stipulations Specific to the Development
1. That construction begin by May 15, 2002 (two years from the date of Council approval) and be completed by May 15, 2006 (six years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit – Planned Development-Housing authorizes construction of 16 multi-family structures with a total of 192 dwelling units, 301,557 square feet of floor area and 383parking spaces.
3. Restriction of Sales Price of 18 Units/Affordability: That the Developer shall identify and reserve no less than eighteen (18) units in the Providence Glen condominium project (collectively, the "Reserved Homes," and individually a "Reserved Home") for individuals or families with a gross income equal to one hundred percent (100%) or less of the Median Family Income of Chapel Hill, North Carolina (collectively, the "Qualified Buyers," and individually, a "Qualified Buyer"). Each Qualified Buyer shall deliver to the Developer written evidence, acknowledged in writing by the Administrator (Orange Community Housing Corporation), that such buyer qualifies as a Qualified Buyer. The Developer shall have no further obligation to inquire about such buyer's qualifications for Qualified Buyer status.
That the base sales price of the Reserved Homes shall not exceed the sum of One Hundred Forty Two Thousand, Five Hundred and No/100 Dollars ($142,500.00) (the "Base Price"). The Base Price may not be increase, except by a factor not to exceed any increase in the U.S. Consumer Price Index (Base Year 2000) (the "CPI Increase"). Subject to the CPI Increase, the Base Price will be reduced to the sum of One Hundred Thirty Six Thousand, Three Hundred Twenty Five and No/100 Dollars ($136,325.00) for all Qualified Buyers who are represented by the Administrator, and who are not otherwise represented by a licensed real estate sales person or broker.
That, in order to ensure the future affordability of the Reserved Homes, each deed conveying title to a Reserved Home shall contain the following restrictions (or similar language as approved by the Town Manager):
If at any time during the Restriction Term (as hereinafter defined) Buyer wishes to offer the Unit for sale to a third party, such offer (the "Offer") shall be at a price not exceeding the sum of the following: (a) the purchase price Buyer paid for the Unit, plus (b) reasonable and customary closing costs, plus (c) documented capital improvements to the Unit not exceeding an aggregate cost of Two Thousand, Five Hundred and No/100 Dollars ($2,500.00) per annum during the period the Unit is owned by Buyer, plus (d) an increase thereof not greater than one hundred fifty percent (150%) of the U.S. Consumer Price Index from the date Buyer purchased the Unit through the proposed date of closing (the "Closing Date") on Buyer's sale of the Unit to a third party. Before making the Offer to a third party, Buyer shall deliver to the Orange Community Housing Corporation and the Town of Chapel Hill, two copies each of a purchase contract embodying the terms of the Offer, signed by the Buyer, together with written notice of Buyer's intention to make the Offer embodied in the contract if the Offer is not accepted by the Orange Community Housing Corporation or the Town of Chapel Hill in accordance with the terms hereof. The Orange Community Housing Corporation and the Town of Chapel Hill shall have ten (10) business days from receipt of the contract and such notice to accept the Offer embodied in the contract. If the Orange Community Housing Corporation or the Town of Chapel Hill elects to accept the Offer, the Orange Community Housing Corporation or the Town of Chapel Hill must do so by signing one copy of the contract and returning it to Buyer within the ten (10) day period. If the Orange Community Housing Corporation or the Town of Chapel Hill does not accept the Offer embodied in the contract within the ten (10) day period, Buyer shall be free to sell the Unit to a third party on the same terms and conditions set form in the Offer. The term of this restriction (the "Restriction Term") shall be fifty (50) years from the Closing Date.
That, if the sale of a Reserved Home is not closed within sixty (60) days after the Town issues a Certificate of Occupancy, such sale shall not be subject to the deed restriction.
4. Required Improvements:
A. Sterling Drive Sidewalk: That a five-foot wide concrete sidewalk shall be constructed along the south side of Sterling Drive, between Sage Road and Eastowne Drive.
B. Bus Pull-off and Shelter: That a bus pull-off and shelter shall be provided along the site’s Sterling Drive frontage.
C. Sterling Drive Paving: That, prior to issuance of the first Certificate of Occupancy for the development, the construction of Sterling Drive between Sage Road and Eastowne Drive shall be completed.
D. Bicycle Parking: That bicycle parking, with appropriate covering and lighting, facilities shall be provided on the site.
E. Internal Sidewalk: That a continuous sidewalk shall be provided to connect each of the buildings on the site.
F. Internal Crosswalks: That crosswalks shall be added at all internal intersections of the development.
G. Pedestrian Connection to Adjacent Property: That a pedestrian connection shall be provided between this site and the adjacent property to the west, at a location to be approved by the Town Manager during the Final Plans stage of the development.
H. Pervious Pavement: That some or all of the drive aisles, parking spaces, and/or sidewalks may be constructed of pervious pavement if the material, construction and design are approved by the Town Manager.
I. Play Area: That a play area for small children shall be provided on the site, to be approved by the Town Manager during the Final Plans stage of the development.
Stipulations Related to Landscape Elements
5. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
6. Landscape Protection Plan: That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
7. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:
¨ Type C landscape bufferyard (minimum width 20 feet) along Sterling Drive and the southern property line; and
¨ Type B landscape bufferyard (minimum width 10 feet) along the eastern and western property lines.
8. Existing Trees: That the Town Manager shall approve the sizes of the tree save areas prior to issuance of a Zoning Compliance Permit.
9. Sediment Basin: That the Town Manager shall approve the plans for grading and landscaping in the area of the proposed temporary sediment basin between building 12 and the western entrance.
Stipulations Related to Utilities
10. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, the local telephone company and the Town Manager before issuance of a Zoning Compliance Permit.
11. 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.
Stipulations Related to Refuse and Recycling Collection
12. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
13. Refuse/Recycling Facilities: That all refuse and recycling facilities shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
14. Refuse Compactor: That the proposed refuse compactor shall be privately serviced.
15. Heavy-Duty Paving: That the refuse and recycling collection vehicle access routes shall be paved with all-weather, heavy-duty pavement.
Stipulations Related to Recreation Space
16. Recreation Space: That a minimum of 49,642square feet of recreation space shall be provided on the site.
17. Nature Path Location: That the final location of the nature path shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
18. Nature Path Surface: That the portion of the nature path, between the southernmost parking area and the southern property line, be constructed of either Chapel Hill gravel or an all-weather surface. The Town Manager shall approve the path surface prior to issuance of a Zoning Compliance Permit. This portion of the path shall be lighted.
19. Nature Path Easement: That the 20-foot wide public use easement along the nature path shall be identified on the final plat, to be recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.
Miscellaneous Stipulations
20. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The Plan must show where and how stormwater detention for this sitewill be achieved.
21. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, the orientation of the buildings to each other and the drives, and the site lighting plan prior to issuance of a Zoning compliance Permit.
22. 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.
23. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.
24. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.
25. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
26. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
27. 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.
28. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
29. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.
This the 15th day of May, 2000.
Item 2 - Special Use Permit Application for Meadowmont-Cedars
2a. Continuation of hearing to receive Manager’s follow-up report on a Special Use Permit for Meadowmont-Cedars.
Mr. Waldon noted that this item had come back from the April 17th public hearing. He said that the SUP application, which was part of the Meadowmont Master Plan, was pursuant to approval of that master plan. Mr. Waldon noted that there had been questions regarding floor area, the mixed-housing ordinance, parking, and tree preservation.
Mr. Waldon said that the staff recommended approval of Resolution A. He noted that the fourth bullet (“Several magnolias west of the health care facility;”) should be deleted from 21E on page 27. He explained that the magnolia issue was addressed in 22D (“Eight new magnolia trees, 4 inch caliper, shall be planted, along the entrance drive to the health center, near Meadowmont Lane.”).
Bob Woodruff showed slides of what the Cedars would look like. Regarding a question about notification to prospective buyers that a transit corridor exists, he explained that this information is in the printed material given to perspective owners, is noted on the plat, and will be included in the Declaration of Condominium.
Mr. Woodruff stated that the Town Attorney had said that the affordability requirement did not apply to the Cedars. He added that if it had applied it would have been disastrous for the project at such a late date. Mr. Woodruffpointed putthat each residence would carry its fair share of the original cost of development plus the cost of services. He argued that it would not be appropriate for some residents to subsidize others by having some units sell below market value and others above market value. But, “in the interest of being good corporate citizens,” Mr. Woodruff said, the applicant would contribute $50,000 to Orange Community Housing Corporation—$10,000 per year over a five-year period to be used for subsidizing housing in Chapel Hill.
Regarding Item 12, Mr. Woodruff said it was not appropriate to have a residential area connected to a commercial area when there is easy access via Barbee Chapel Road. Regarding the request to save trees on the north side of the entrance, he replied that it would not leave enough space to make a nice entrance into the Cedars, and requested that the Council eliminate that requirement.
Regarding Item 16, Mr. Woodruff argued that it was not appropriate to require the Cedars to be connected to the Lloyd property when they do not know what will eventually be built there. He also asked that the applicant be allowed to plant 2.5 caliper trees rather than 3.8. Mr. Woodruff requested amending the stipulations to allow 683 parking spaces, noting that they had put a large number of spaces under buildings. He said that the Cedars would produce less than half the traffic impact, create more than three times the tax base, and make less impact on infrastructure than the other approved use of 265 apartments. He also pointed out that the Cedar’s residents would contribute to Chapel Hill’s volunteer organizations.
Council Member Bateman asked how many parking spaces would be provided in the employees’ parking area. Mr. Woodruff replied that they had not divided it up in that way. He said that they were planning to allow two parking spaces for each single-family home, 1.5 or 1.6 for the villas and verandas, one for every two beds in the health center, and one for every 350 square feet in the clubhouse. Mr. Woodruff added that there would be certain employee-designated areas, but said he did not know how many spaces would be for employees and how many for visitors.
Council Member Strom asked if the parking count for the cottages included the parking pads outside the garages. Mr. Woodruff replied that it did not, noting that visitors to the cottages would park there but employees and others would not.
John McAdams pointed out that a number of the requested 683 parking spaces would be assigned and would not be generally available. He noted that although that raises the parking requirement it is the nature of the community they were creating. Mr. McAdams pointed out that only 513 spaces were out from under buildings.
Mayor Waldorf asked if it was correct that the applicant had said they would make reductions in the under-the-building spaces if they were required to make reductions at all. Mr. Woodruff replied that this was correct, since those spaces would be the most expensive. He added that 513 spaces on the surface is less than the staff had recommended. Mr. Horton commented that the location of parking spaces makes no difference from the staff’s point of view.
Council Member Brown asked if Southern Village was the only other place where square footages had been allocated as carefully as they had at Meadowmont. She asked if the Southern Village apartments had a clubhouse and a swimming pool apart from those that were part of the Master Land Use Plan square footage. Mr. Waldon replied that there was a clubhouse and pool at Southern Village apartments, which is considered residential floor area, and a swim and tennis area that is separate.
Council Member Foy stated that an affordable housing contribution of $50,000 would not be enough to build one house, and suggested that the amount be increased. Mr. Woodruff refused to raise the amount, noting the Cedars residents are people who will contribute to Chapel Hill. Mr. Woodruff said there was risk involved with such a project, and added that if it were successful the Chapel Hill community would benefit by it.
Council Member Wiggins recalled that the Manager had stated that the staff was carrying out the Council’s wishes regarding parking. She noted that the Council had made two other requests of the staff at its recent development retreat regarding proposals. Council Member Wiggins said one was to look for ways to provide incentives for developments that come in with the right figures; the other was to make the approval process less contentious.
Council Member Wiggins noted that the Cedars’ developer was willing to go with a number of surface parking spaces that was less than the staff’s calculation of what the project was entitled to. She also pointed out that the applicant was willing to put parking under buildings, at their own expense, in order not to add impervious surface. She said that asking them to reduce the number of spaces would not provide an incentive to others trying to work with the Town. Council Member Wiggins added that this is a situation where an applicant was building fewer parking spaces than the staff had calculated they were entitled to, and they were being penalized for that.
Council Member Strom asked if the applicant would try to source building materials and other services from Orange County vendors. Mr. Woodruff replied that they “absolutely” would.
Mayor Waldorf noted that the Council had already heard the applicant’s statement.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
MAYOR PRO TEM PAVĂO MOVED R-13A, AS AMENDED TO INCLUDE THE PLANNING BOARD’S RECOMMENDATION TO ALLOW THE TOTAL AMOUNT OF PARKING REQUESTED. COUNCIL MEMBER WIGGINS SECONDED THE MOTION AS LONG AS 170 OF THOSE SPACES WOULD BE UNDER BUILDINGS.
Council Member Ward clarified that it would be 683 spaces with a minimum of 170 under buildings and a maximum of 513 on the surface.
Mayor pro tem Pavăo added that this should be with the understanding that 113 of those on the surface would be either garages or carports, but not additional surface parking. Mr. McAdams asked if they could leave minimums out and talk only about maximums: 683 total spaces of which not more than 513 may be out from under the buildings.
Council Member Brown pointed out that those 513 would be impervious surface and the others 170 would not. Mr. McAdams said that was correct.
COUNCIL MEMBER FOY SAID THAT HE WOULD ONLY SUPPORT THE MANAGER’S RECOMMENDATION, AND OFFERED THAT AS A SUBSTITUTE FOR THE MAIN MOTION. COUNCIL MEMBER BATEMAN SECONDED THE MOTION.
Mayor pro tem Pavăo pointed out that the parking in Resolution A is 568 spaces, total, including 170 under the building, leaving only 398 spaces as new impervious surface.
Council Member Bateman commented that the more spaces you have the more you encourage auto-dependency. She stated that this development had been proposed as one that would be pedestrian-friendly.
Council Member Ward asked Mr. Waldon to clarify the two alternatives. Mr. Waldon explained that the substitute would set the maximum number of parking spaces at 568 (170 of which would be placed under buildings). He said that the main motion would set the maximum number of spaces be 683, no more than 513 of which could be open to the air.
Council Member Foy pointed out that under Resolution A there could be 398 parking spaces open to the air, under Resolution A as amended there could be 513 under the air. He noted that the difference was 115 parking spaces.
Mr. Woodruff asked if there was a requirement in the Development Ordinance that people put parking under buildings. Council Member Foy replied that in moving the Manager’s recommendation he assumed that the staff had negotiated that issue. Mr. Woodruff stated that they had not.
Mayor Waldorf noted that she had asked the same question at the public hearing. Mr. Waldon replied that it was not uncommon for the Manager to recommend something and for the applicant to disagree with it. He said that the Manager’s recommendation in this case was to decrease the number of spaces open to the air, and that the applicant was disagreeing with that.
Mayor pro tem Pavăo pointed out that the staff had written, “we do understand the arguments for 683 parking spaces made by the applicant and find them also to be reasonable.”
Council Member Wiggins said that she thought the applicant was being penalized because it had been the first to recommend under-building spaces.
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO SUBSTITUTE ADOPTION OF RESOLUTION A FOR THE MAIN MOTION. THE MOTION FAILED (4-4) WITH COUNCIL MEMBERS STROM, BATEMAN, BROWN AND FOY VOTING FOR AND PAVĂO, WALDORF, WARD AND WIGGINS VOTING AGAINST.
Council Member Brown stated that the Council was in a dilemma because they had talked for such a long time about reducing the number of parking spaces and impervious surface and were now confronted with a worthy project that puts the Council in conflict.
Council Member Wiggins said that she felt she was voting for fewer parking spaces than the Development Ordinance allowed. Mr. Woodruff noted that the staff had not provided any parking for the 44,000 square foot clubhouse in its recommendation. He pointed out that retirement communities are different from apartment complexes because apartment complexes do not have employees.
Council Member Wiggins explained that the applicant was offering to build fewer parking spaces than the staff had required because they were building less impervious surface.
Council Member Foy replied that impervious surface was only one issue, adding that the amount of traffic generated because of parking is also important. He expressed willingness to support a motion splitting the difference, which would give the applicant 57 more parking spaces if the applicant would make a $75,000 contribution to the Orange Community Housing Corporation rather than the $50,000 that they had pledged. The applicant refused.
Mayor pro tem Pavăo asked the applicant to explain how many of the 513 spaces would be garages and carports. Mr. Woodruff replied that there were 100 spaces in garages. He said that several other areas were covered carports but could not say how many spaces were covered, perhaps 50. Mayor pro tem Pavăo pointed out that this would leave only 413 spaces available for other parking.
Mr. Woodruff repeated that the applicant had asked to build only the number of parking spaces that they needed. He added that they have a transportation management plan and would encourage employees to take the bus and carpool. Mr. Woodruff said that the applicant plans to build parking in phases. If they find that they do not need 683 parking spaces, he said, they would not build them since doing so is expensive. He stated that this was the maximum they felt they needed.
COUNCIL MEMBER BROWN PROPOSED A SUBSTITUTE MOTION ADDING TO STIPULATION 17A THAT 625 PARKING SPACES BE PROVIDED, 170 OF WHICH SHALL BE PLACED UNDER BUILDINGS. COUNCIL MEMBER FOY SECONDED THE MOTION.
Mayor Waldorf expressed support for the motion.
Council Member Wiggins ascertained that the motion would allow no more than 455 surface spaces. Mr. Woodruff suggested that the Council reduce the number of parking spaces under the buildings by the same percentage, adding that the applicant was being penalizing for being “good guys.”
Mayor pro tem Pavăo asked if the mover would accept the Transportation Board’s figure of 640 spaces. Council Member Brown refused.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION A WITH STIPULATION 17A FOR 625 PARKING SPACES, 170 OF WHICH WILL BE UNDER BUILDINGS. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT R-13a, AS AMENDED, TO INCLUDE STIPULATION 17A FOR 625 PARKING SPACES, 170 OF WHICH WILL BE UNDER BUILDINGS. THE MOTION WAS ADOPTED (7-1) WITH MAYOR PRO TEM PAVĂO VOTING NAY.
A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE CEDARS OF CHAPEL HILL RETIREMENT COMMUNITY AT MEADOWMONT (SUP 479.1.1B) (2000-05-15/R-13a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Meadowmont Retirement Community, LLC, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated November, 1999 (revised February 1, 2000), the Meadowmont Master Land Use Plan, and the conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations, with the modifications listed below;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. 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 these findings are conditioned on the following:
Stipulations Specific to the Development
3. That construction begin by May 15, 2002, (two years from the date of Council approval) and be completed by May 15, 2012, (ten years from the date of Council approval).
4. Land Use Intensity: This Special Use Permit authorizes the following:
· 67 Buildings, with a maximum of 728,603 square feet of floor area, for 300 residential dwelling units, (250 multi-family dwelling units and 50 single-family dwelling units) a clubhouse, and a health care facility;
· 109,379 square feet of recreation space; and
· A maximum of 625 parking spaces.
3. Mixed Housing: If single-family or two-family residential lots are created for dwelling units as part of this development, then the provisions of Section 13.11, “Major Subdivision and Planned Development-Housing floor Area Restrictions” shall apply to those lots, and final plans and plats shall indicate the specific lots on which size limitations are placed.
4. Land Use: That the use of this development be restricted to retirement community use only.
5. Land Use Intensity Calculations: That the applicant provide calculations confirming Meadowmont’s overall compliance with Land Use Intensity Ratios.
6. Recreation Area: That the proposed indoor and outdoor recreation areas meet the Town’s standards for Planned Development-Housing recreation area, and that the details be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
7. Boundaries of the Meadowmont Development: That buildings and parking shall be at least 40 feet from the eastern property line, with a landscape buffer width of at least 20 feet.
8. Northernmost Entrance Off Meadowmont Lane: The main upper entrance off Meadowmont Lane, leading to the health care facility, shall be a right-in, right-out only access point.
9. Pavement Design and Construction: That the streets, the drive aisles, and parking lots be designed and constructed to Town standards.
10. Private Streets: That if the internal streets are privately owned, the Homeowners’ Association will be responsible for street and drainage maintenance. In addition, if a private entity responsible for the streets proposes to dedicate the streets for public use and maintenance, the private entity shall repair and upgrade the streets to Town standards prior to acceptance by the Town. Notes to this effect shall be placed on the final plans and final plat.
11. Heavy Duty Pavement: That along the refuse/recycling service vehicle routes, heavy duty pavement, with a 10” base course, be installed; or that notes on the plats and plans indicate that the Town will not be responsible for any pavement damage that may result from service vehicles at such time as public collection is requested.
12. Pedestrian/Bicycle Access: That pedestrian/bicycle access be provided to the Meadowmont commercial site adjacent to the south.
13. Pedestrian Crossing at the Transit Corridor: That a temporary pedestrian crossing be provided across the transit corridor, until the transit infrastructure is constructed.
14. Public Improvements:
A. That Meadowmont Lane be constructed according to the approved Meadowmont Infrastructure Special Use Permit plans, from NC 54 to the northern property line of this site, prior to the issuance of any Certificate of Occupancy.
B. That Barbee Chapel Hill Road be constructed along the entire length of the site’s frontage and in accordance with the approved Meadowmont Infrastructure Special Use Permit plans prior to the issuance of any Certificate of Occupancy.
C. That this development be coordinated with the NC 54 construction and traffic signal improvements.
D. That a bus stop be provided on Meadowmont Lane or Barbee Chapel Road, with the location and design to be approved by the Town Manager.
15. Bike Racks: That covered bike racks be provided at the health center, the clubhouse, and with the underground parking areas in the apartment complex, as well as other locations on site, with number, type, and locations to be approved by the Town Manager.
16. Sidewalks: That the ease of use of sidewalks shall be a primary consideration in the site layout and sidewalk construction/design, and that sidewalks be provided in the following locations:
· sidewalks along both sides of Barbee Chapel Road and Meadowmont Lane, in accordance with the Meadowmont Infrastructure Special Use Permit;
· sidewalks along at least one side of all the internal, private drives, except Cedar Pond Lane (a drive aisle between apartment buildings) and the access drive directly off Barbee Chapel Road;
· sidewalks from the parking lots to the apartment buildings;
sidewalk from the southern section of single-family houses to the clubhouse area;
· pedestrian trails in the vicinity of the retention ponds; and
· sidewalk/bikepaths in two locations to the Lloyd property: south of the transit corridor and near the clubhouse.
17. Parking:
A. That 625 parking spaces be provided, 170 of which shall be placed under buildings.
B. Heavy Duty Pavement: That heavy duty pavement be installed under the refuse service vehicle access route and under the dumpster pads and compactor area, with pavement specifications, the location, and configuration to be approved by the Town Manager.
C. Parking Area Screening: That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
E. Parking Lot Design and Construction: That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.
E. Possible Additional Drive: That an additional driveway may be constructed across the eastern end of the central green.
18. Permanent Retention Basin Installation:
A. That stormwater retention ponds be in place prior to the issuance of any Certificate of Occupancy.
B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of permanent ponds. 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 manger, 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. Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.
N. That no ponds be created within the perimeter landscape buffer required for Meadowmont development.
O. That the ponds be located and designed such that damage to existing large trees can be minimized.
P. That the retention ponds and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.
19. 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 owner 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 an “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.
20. Dedication of Right-of-Way and Sight Triangle Easements: That right-of-way and sight triangle easements, as required by NCDOT or the Town, be dedicated prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Landscape Elements
21. Landscape Protection Plan:
A. That a complete and accurate tree survey be provided with the first submittal of Final Plans.
B. That a 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 storage/staging 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.
C. That the plan indicate the critical root area (1 foot radius for every inch caliper dbh) for the large trees adjacent to construction areas.
D. No erosion control devices shall be allowed within the designated tree preservation areas.
E. That existing trees be preserved in the following areas:
· Along the eastern property line;
· The northeast corner of the site near the transit corridor;
· A segment of Meadowmont Lane frontage;
· Along the Barbee Chapel Road frontage northwest and west of the retention pond;
· Within most of the reserved transit corridor;
22. Landscape Plan:
A. That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
B. Detailed final plans shall include:
· Demonstration that parking lot shading and screening requirements will be met;
· Demonstration of compliance with the Master Landscape Plan for landscaping and preservation of vegetation.
C. That where clearing is proposed between this development and the existing public streets and stormwater pond, the planting plan shall include the installation of large (at least 3.5-inch caliper) shade trees and a mix of shrubs and understory trees.
D. Eight new Magnolia trees, 4 inch caliper, shall be planted, along the entrance drive to the health center, near Meadowmont Lane.
23. Landscape Buffers: That a Type “C” landscape buffer (20 feet minimum width) be provided along the eastern property. Existing vegetation shall be supplemented with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements. The landscape buffer plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Building Elevations
24. Building Elevations/Site Lighting: That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of the Zoning Compliance Permit.
Stipulations Related to Water, Sewer, and Other Utilities
25. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth or GTE, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
26. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.
27. Fire Flow: That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.
28. Fire Hydrant Locations: That the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.
Miscellaneous Stipulations
29. Stormwater Management Plan:
A. That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved.
B. 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.
30. Transportation Management Plan: That a Transportation Management Plan 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.
31. Solid Waste Management Plan:
A. That the refuse and recycling collection services be private.
B. That a second recycling area be provided on the site, somewhere near the multifamily units, if deemed necessary by the Town Manager.
C. That glass recycling containers be rollout carts rather than dumpsters.
D. That space be provided for segregated grease rendering/recycling and for segregated food waste.
E. That a detailed solid waste management plan, including a recycling plan and a plan for managing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
32. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, 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.
33. Plant Rescue: That the developer consider conducting plant rescue activities on the site prior to initiation of development activity.
34. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are completed; 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; 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, and that a note to this effect shall be placed on the final plat.
35. Erosion Control:
A. That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.
B. That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
36. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
37. 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 phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
38. Notice about Transit Corridor: That a note be placed on all recorded plats in the vicinity of the transit corridor, noting the presence of the proposed transit corridor.
39. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above
40. 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 approves the Special Use Permit application for the Cedars of Chapel Hill Retirement Community at Meadowmont.
This the 15th day of May, 2000.
Item 3 - Special Use Permit Application for UNC
Cogenerational Facility Coal Silos Replacement
Mr. Waldon explained that this followed the April 17th public hearing and that the staff report had answered questions raised at that hearing. He said that the staff continues to recommend approval.
John Masson, Ray DuBose and Allen Johnson, all representing the applicant, stated that they were available to answer questions.
Council Member Brown noted that a letter from Savonala Horne had been included in the packet.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPTED RESOLUTION A.
Council Member Brown requested adding stipulation E (monitoring devices will be placed on four sides of the plant at the boundary line to measure for dust, SO2, and particulates of all sizes.). She added that she thought doing so was extremely important, and that there had been a precedence set for doing this.
Ray DuBose, Director of Energy Services at UNC, replied that the University’s Public Health Department had monitored this, most recently from September ’93 to August of ’95, in response to neighborhood concerns. He said that there had been continued emissions monitoring by the State to measure for SO2 in the smokestack, as well as State monitoring of dust. Mr. DuBose stated that the University did not think that more continuous monitoring would serve any additional purpose.
Council Member Brown stated that there had been no monitoring of the finest particulates that cause serious health problems.
Council Member Bateman accepted Council Member Brown’s amendment.
Council Member Brown, referring to #9 on page 12, asked to add: “The Community Design Commission, in conjunction with the power plant neighbors and the West Side Neighborhood Association, shall approve elevations of the coal silos prior to issuance of the zoning compliance permit.” Council Member Bateman did not accept that as a friendly amendment.
Council Member Ward suggested, regarding stipulation 16E, that the Council request monitoring to be done on a shorter term, renewable basis rather than permanently.
Council Member Brown noted that the plant probably would not be there forever and that “permanent” means as long as they use coal.
Council Member Ward repeated his requested amendment for renewable monitoring by the Town Manager every five years.
Council Member Strom said that he shared Council Member Ward’s concern about needlessly spending money, but pointed out that the Council’s charge is to protect the neighbors. He added that if there was no data showing environmental damage after several years of testing then the applicant could ask for a modification of the SUP.
Mayor Waldorf stated that the only difference between what Council Members Strom and Ward were saying was in regard to whose burden it would be to initiate it in five years.
Allen Johnson stated that emissions going out of the stack were governed by the EPA Department of Air Quality, using the methods described in 16A. He said that the main concern regarding air quality would be during construction when the silos would be torn down. Mr. Johnson explained that the University had asked the designer to look into methods of reducing that sort of emission. Council Member Brown replied that she was asking them to go beyond governmental regulations.
Council Member Bateman suggested adding, “ongoing monitoring devices will be placed on four sides of the boundary line for five years and will be renewed at the discretion of the Manager.”
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION A, AS AMENDED, TO INCLUDE “ONGOING MONITORING DEVICES WILL BE PLACED ON FOUR SIDES OF THE BOUNDARY LINE FOR FIVE YEARS AND WILL BE RENEWED AT THE DISCRETION OF THE MANAGER.” THE MOTION WAS ADOPTED (7-1) WITH COUNCIL MEMBER BROWN VOTING NAY.
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNC-CHAPEL HILL COGENERATION FACILITY COAL SILOS REPLACEMENT PROJECT (2000-05-15/R-15)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit Modification proposed by the University of North Carolina at Chapel Hill, on property identified as Chapel Hill Township Tax Map 92, Block H, Lot 2, if developed according to the site plan dated October 8, 1999 and the conditions below:
1. Would be located, designed and proposed to be operated so as to maintain or promote the public health, safety and general welfare;
2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations;
3. Would be a public necessity; and
4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:
1. Modification of Subsection 13.11.1 of the Development Ordinance to allow 89,664 square feet of floor area.
2. Modification of Subsection 13.11.1 of the Development Ordinance to allow 175,435 square feet of livability space.
3. Modification of Subsection 13.11.1 of the Development Ordinance to allow two 140-foot coal silos.
Said public purpose being that the Cogeneration Facility serves as the sole source of steam for critical campus and hospital utility requirements and is a vital and important part of overall University operations.
BE IT FURTHER RESOLVED that these findings are conditioned on the following:
Stipulations Specific to the Development
1. That this resolution hereby supersedes the Special Use Permit Modification approved by the Council on June 22, 1998.
2. That construction begin by May 15, 2002 (two years from the date of Council approval) and be completed by May 15, 2007 (five years from the date of Council approval).
3. That this Special Use Permit Modification authorizes the demolition and replacement of the two coal silos at the UNC Cogeneration Facility in accordance with the site plan dated October 8, 1999.
4. Stormwater Retention: That on-site stormwater retention basins be provided and maintained so as to retain the first inch of stormwater runoff.
5. That secured, covered, illuminated bicycle parking be provided on the site utilizing wave-type bicycle racks that accommodate a minimum of 10 bicycles.
Stipulations Related to Landscape Elements
6. Landscape Plans: That the Town Manager shall review and approve the detailed landscape plans.
7. Landscape Bufferyards: That a Type C buffer be provided along the site’s boundary with McCauley Street and site boundaries adjacent to the coal storage area in the southeast corner of the site.
8. Plantings: That landscaping consisting of a combination and spacing of canopy trees, understory trees, and shrubbery appropriate to the provision of intermittent visual obstructions from the ground up to a height of at least 20 feet be provided along the site’s eastern, northern, and western boundaries.
Stipulations Related to Design Elements
9. Community Design Commission Approval: That the Community Design Commission shall approve the elevations of the coal silos prior to issuance of a Zoning Compliance Permit.
10. Buildings/Facilities: That the Community Design Commission shall review plans for the buildings and facilities on this site and make recommendations to the University regarding the aesthetic suitability of the plans.
11. Painting of Buildings: That the detailed building elevations to be approved by the Design Commission prior to issuance of a building permit take into consideration a painting scheme to enhance the appearance of the buildings.
12. Architectural Design: That the University prepare plans for the external design for the Power Plant that minimize the scale of the buildings and structures by the use of surface articulation, as defined by the use of architectural detail and forms such as window, color, or other appropriate means that serve to break up the visual impact of large masses. Such plans will serve to integrate the appearance of the Power Plant with surrounding residential areas so that the use and development will maintain or enhance the value of contiguous property.
13. Structure Design: That structures on the site be designed such that all handling of coal, limestone and ash is done within enclosed structures.
Stipulations Related to Environmental Issues
14. Groundwater Contamination: That if any groundwater contamination is uncovered at the landfill which can reasonably be attributed to disposal of material from the power plant, then the University shall be responsible for any required remedial action.
15. Waste Ash: That all waste ash from the plant shall either be transported in tanker trucks, or wetted down and transported in covered trucks or rail cars.
16. Emissions:
A. That visible emissions from truck unloading of plant material into the landfill shall not cause opacity exceeding 20 percent as determined by U.S. Environmental Protection Agency (EPA) Method 9.
B. That visible emissions from rail car unloading, crushing, truck loading and unloading, conveying (including transfer points), bucket elevators, front-end loading, stockpiling, storage bins, and storage piles shall not exceed 10 percent opacity as determined by EPA Method 9.
C. That roads within the plant shall be maintained to minimize fugitive dust emissions by paving, surfactant treatment, or other suitable method.
D. That no fugitive particulate matter emissions shall be visible beyond the property line of the power plant.
E. That ongoing monitoring devices be placed on four sides of the property to monitor for dust, SO2, and particulates of all sizes, for five (5) years. After five (5) years, the monitoring devices can be removed with the approval of the Town Manager.
17. Environmental Regulations: That a violation of any Federal, State or local environmental regulation or permit condition be reported to the Manager within 7 days of noncompliance along with a report of proposed remedial action.
18. Noise Control: That the development comply with the Town’s Noise Control Ordinance, as now constituted in Section 11-37 et. seq. of the Code of Ordinances and as amended in the future.
Miscellaneous Stipulations
19. Special Use Permit Modification: That any proposed future addition of boilers or other plant facilities be considered a modification of this Special Use Permit and require Council approval in accord with Town regulations.
20. Final Plans: That the final plans to be approved by the Town Manager before issuance of a Zoning Compliance Permit (detailed site plan, utility plan, stormwater management plan) conform to plans approved as part of this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.
21. Construction Management Plan: That a Construction Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Construction Management Plan shall address transportation of personnel and materials to and from the site during construction, construction-related parking, handling of materials, and hours of construction activity.
22. Construction Sign Required: That the applicant post a construction sign that lists the property owners’ representative, with a telephone number, the contractor’s representative, with a phone number, and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
23. Additional Signage Required: That the applicant post warning signs to clearly identify any construction areas that may present a danger for bicyclists or pedestrians.
24. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
25. Continued Validity: The continued validity and effectiveness of this permit is expressly conditioned upon the continued compliance with the plans and conditions listed above.
26. Non-Severability: If any of the above conditions is held invalid, this approval shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for the UNC-Chapel Hill Cogeneration Facility Coal Silos Replacement project in accordance with the plans and conditions listed above.
This the 15th day of May, 2000.
Item 4 - Public Hearing on a Special Use Permit application for
First Baptist-Manley Estates Apartments for the Elderly
Mr. Horton stated that the staff was pleased with the progress that the applicant had made on this project to provide housing for low-income, elderly people. He said that it was ready to move ahead.
Development Coordinator J. B. Culpepper explained that the resolution before the Council would authorize construction of 40 apartments under a HUD Section 202 project and would be located on the east side of Merritt Mill Road across from Lincoln Center. Ms. Culpepper noted that there would be a single point of access off of Merritt Mill Road. She said that a normal apartment complex of this size would call for 62 parking spaces, but that this applicant had requested fewer.
Ms. Culpepper pointed out that there was a provision in the ordinance allowing the Council to make a finding authorizing a reduction in the typical parking requirements. One of those findings, she said, was that there be reasonable assurance that the development be maintained for elderly housing. Noting that there was such a requirement stipulated in the resolutions before the Council, Ms. Culpepper said that the staff had recommended adoption of Resolution A, which allows 20 parking spaces and allows the manager to increase that up to 40 spaces if necessary.
Reverend J. R. Manley noted that the project had received funding from at least three sources in addition to HUD. He said that they had listened carefully and tried to do what the Council had asked. Rev. Manley pointed out that this was a project they could all be proud of. He said he was eager to break ground and get moving on this project for which there had been tremendous interest, need, and support.
Lane Sevver expressed appreciation to the Town for the support it had given. He stated that the applicant had met the four findings necessary for SUP approval.
Planning Board ChairGay Eddy reported that the Board had strongly supported allowing the applicant to have the smaller number of parking spaces. She said that the Board had questioned the stipulation requiring the applicant to put Chapel Hill gravel down on Trimble Road, but noted that it had not been included in the resolution. Ms. Eddy stated that the Board had “enthusiastically” voted (9-0) for approval.
Council Member Foy asked if there had been any outcome from discussions regarding bioretention methods on the site. Mr. Horton replied that the staff had begun to offer information to all applicants regarding bioretention and would help them to understand the process. Ms. Culpepper added that this had been discussed in general terms but there had not yet been any detailed discussions about bioretention.
Council Member Ward asked where the garden spots would be located. Arthur Cogswell replied that they were trying to select the sunniest spot, but thought there would be too much slope in the area they had chosen. He predicted that they would have to make that decision as they go along because it is too difficult to determine at this point. Council Member Ward asked if the applicant would be able to use captured water from retention ponds to help irrigate the garden. Mr. Cogswell replied that those ponds were empty most of the time, adding that there would be yard hydrants available for watering the raised beds.
Council Member Ward asked if there was a way to capture roof water. Mr. Cogswell replied that doing so would cost more than they could afford. Council Member Ward discouraged the use of saw tooth oaks, which he said were considered an invasive exotic species. He offered to help the applicant come up with alternatives.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER FOY, THAT PROPERTY WITHIN 500 FEET BE CONSIDERED CONTIGUOUS. THE MOTION WAS APPROVED UNANIMOUSLY (8-0).
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST AND MANLEY ESTATES APARTMENTS FOR THE ELDERLY (SUP 90.A.6)
(2000-05-15/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for the First Baptist and Manley Estates Apartments for the Elderly, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:
All properties within 500 feet of the site.
This the 15th day of May, 2000.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECESS THE PUBLIC HEARING UNTIL JUNE 12, 2000. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Item 5 - Public Hearing on a Special Use Permit Modification
for Tau Epsilon Phi Fraternity House
J. B. Culpepper explained that the application involved property at 216 East Rosemary Street. She said that the Fraternity was asking for approval of a required SUP and for building additions of just under 1,000 square feet. She noted that the property, which had been built in the 1920s, did not meet many current regulations.
Ms. Culpepper pointed out that the applicant was requesting a number of modifications of regulations. She stated that provisions in the development allowed the Council to modify regulations if they can make a public purpose finding. Ms. Culpepper pointed out that there were only 13 parking spaces for 20 residents. She said the staff recommended approval with Resolution A.
Aaron Nelson stated that the Fraternity would have 16 parking spaces if the Town would allow them to park their cars closer together. He said that the staff had recommended only 12 spaces, requiring that they sacrifice one in order to do plantings. Mr. Nelson asked that the Fraternity be allowed to have 13 spaces rather than the small landscaped area.
Gay Eddy said that the Board had voted 9-0 to support the application. She added that the Board recommended allowing the 13th parking space because people probably would park in the landscaped area anyway. She added that allowing that extra space might keep people from parking in the turnaround area.
Mayor Waldorf noted that comments from the Historic District Commission and the Bicycle and Pedestrian Advisory Board had been submitted in writing.
Council Member Brown asked if the Fraternity had been working on issues with the Historic District Commission. Mr. Nelson replied that they had been and they would need its approval before they could get a Zoning Compliance Permit. He remarked that the Fraternity had done modifications based on some of the Historic District Commission’s requests and that their architects were working on a façade that would please everyone.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, THAT PROPERTY WITHIN 500 FEET BE CONSIDERED CONTIGUOUS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE TAU EPSILON PHI (TEP) FRATERNITY HOUSE (2000-05-15/R-2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for the Tau Epsilon Phi (TEP) Fraternity House, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:
All properties within 500 feet of the site.
This the 15th day of May, 2000.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO RECESS THE HEARING UNTIL JUNE 12, 2000. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Mayor Waldorf noted that half of the fraternities had been getting sprinkler systems at the Council’s request and that many had been making small additions and renovations on buildings. She wondered why the Planning Board could not just deal with these approvals rather than requiring all fraternities to appear before the Town Council. She asked if other Council members were interested in discussing making this sort of change.
Council Member Wiggins said that she was interested if the Manager could tell them how it would work. She then asked how many such reviews remained. Mr. Nelson replied that it was more than 16. He added that Council Member Wiggins had been correct in saying that if each comes before the Council in the next nine months they will pile up before next summer.
Mr. Horton suggested that the staff survey the houses and find out how many intend only to install a sprinkler system—for which only a building permit is needed—and how many would propose modifications requiring coming before the Council.
Mayor Waldorf pointed out that she was questioning whether the minor modifications needed to come before the Council. Mr. Horton offered to provide an answer to Council Member Wiggins’ question about how this might be done.
The meeting was adjourned at 9:05 p.m.
The minutes from May 15, 2000 were adopted on July 5, 2000.
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Joyce A. Smith, CMC
Town Clerk