SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, FEBRUARY 12, 2001, 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, Pat Evans, Kevin Foy, Lee Pavăo, Bill Strom, Jim Ward, and Edith Wiggins.
Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Parks and Recreation Director Kathryn Spatz, Recreation Planner Bill Webster, Engineering Director George Small, Stormwater Engineer Fred Royal, Planning Director Roger Waldon, and Town Clerk Joyce Smith.
Item 1 – Ceremonies: None
Item 2 – Public Forum on Proposed Establishment of Dog Parks
Parks and Recreation Director Kathryn Spatz indicated on aerial photos the various areas identified as potential sites for a Dog Park by the Council Dog Park Committee:
· Cedar Falls Park: on the north end of the park, south of the ballfields, and west of the tennis court access trail.
· Rear of Community Center Park: within the grassy area that lies between the rear of the Community Center and the Parks and Recreation Department administrative offices.
· Southern Community Park: The site is currently undeveloped parcel of about 74 acres. A dog park could be located anywhere on the property at this time.
· Homestead Park: on the east side of the parking lot south of the southernmost access trail that leads to the soccer fields.
· Meadowmont Park: Further staff consideration will be necessary to determine where a dog park could go.
Council Member Evans asked if the Committee had looked at either of the two new parcels of land that the Town had purchased for open space. Ms. Spatz said it would be premature to put these into consideration at this point, since the Committee had already finalized its recommendations.
Jennifer Strom, Vice President of Independent Animal Rescue, thanked the Council for looking at dog parks, because she felt the Town really needed to have one. She said she had used the Carrboro Community Park for several years. Ms. Strom said that one in three households in the country owned dogs. She indicated that she preferred the locations at the Community Center Park and Homestead Park, which both had pedestrian access. She recommended that all dogs have collars with rabies and I.D. tags.
Karyn Traut, long-time dog owner, said there was a need for a dog park for people to let their dogs run free, and there were less and less areas for them to do so. She urged the Council not to choose a wetland area for a park.
Council Member Brown asked that the Manager and the Town Attorney comment on the question of rabies and I.D. tags, when the issue was returned to the Council.
Council Member Bateman said that one idea that the Dog Park Committee had was to form a committee to address the rules that the dog park should have, and asked for volunteers from the community to serve on such a committee.
Council Member Strom asked for a more detailed conversation about the size of the park, when the report comes back to the Council. He said he was comfortable that a half-acre in an urban area would work well for a dog park.
Council Member Wiggins asked that some costs be put with all the various locations, so the Council could have the figures before developing the Town budget.
Council Member Bateman asked if the Council would be voting on the issue when the report came back to the Council. Mr. Horton responded that there had been no process yet set by the Council for consideration of the report. He said after notification of the neighbors in the various locations, information about costs, and additional discussion items requested by the Council, the Council could then be in a position to decide which direction it wished to take. Ms. Spatz said notice had already been given to the neighbors in these locations.
Council Member Evans asked that the cost of any additional parking which might be required at some of the locations be included in the report. She said some of the parking areas were often quite full. Mr. Horton said the staff had not been planning on any additional parking at any of the locations recommended, that had parking already available.
Council Member Ward asked that the staff try to get some sense of when the parking areas were used, and when they would not be full. Mr. Horton said that the parking in some locations would be limited. He said there would be difficulty in developing additional parking at the Community Center, and the Homestead Park might have occasions when soccer games would make heavier usage of the parking spaces.
Council Member Brown said there must be figures for the usage of the parking lot at Southern Community Park. Mr. Horton said it was a park and ride lot and the principle purpose was to serve persons using the bus services, and needed to remain so in order to meet the requirements of the funding of federal money for the lot.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER THE ISSUE TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 3 – Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items not on the agenda.
Annette Moore, Director of the Department of Human Rights and Relations for Orange County, said that the Department was sponsoring a Youth Summit on February 23 and 24, 2001, along with the Chapel Hill-Carrboro School System, Orange County Schools, the Dispute Settlement Center, UNC campus “Y,” the Orange County Arts Commission, and the North Carolina Humanities Council. She said this Summit was to concern itself with abuse of youth through stereotyping and discrimination, and invited the Council to join in support of the Summit.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ENDORSE THE SUMMIT ON YOUTH ABUSE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Sarah Bruce, on behalf of the Sierra Club, presented a list of thirteen environmental principles for UNC campus planning, dated January 2001, from the Orange/Chatham Sierra Club, because campus expansion would have great impact on the community and the environment. She asked that the Town incorporate the environmental principles in its dealings with the University.
Dan Coleman, from the Sierra Club, reviewed the thirteen principles and how they would impact on the planning process. He said these principles contained suggestions as to how they should be implemented. He urged the Council to adopt these principles into its negotiations with the University.
Council Member Strom thanked the Sierra Club for the principles they had prepared.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE PETITION TO THE MANAGER TO RESPOND TO THE PRINCIPLES AND TO GIVE THE COUNCIL SOME ADVICE ON HOW IT COULD USE THEM TO GUIDE ITS ONGOING DIALOGUE WITH UNC.
Council Member Ward suggested that the principles be passed on to the University for consideration, while the Council would also be studying them.
Mayor Waldorf suggested that the principles be forwarded to the University. Mr. Coleman said that had already been done, and they were hoping to present them to the University Trustees.
Council Member Strom said he would like to have a reaction from the staff as to how the principles were being achieved and how they could be improved.
Council Member Brown said she felt this would be a policy decision and the burden was on the Council to discuss how the principles could be implemented into discussions with the University. She added that it should be an agenda item, rather than an informational item.
Mayor Waldorf said the staff needed some direction as to how much detail the Council wanted to have.
Council Member Foy responded that the staff would need more details about what was being planned by the University, and he felt it would be helpful to have a short report from the staff.
Mayor Waldorf said it seemed that the Council wanted a report that would be fairly pointed and advisory.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Katherine Ducker, student at UNC and Community Outreach Chair for the UNC Dance Marathon to benefit the North Carolina Children’s Hospital, said on February 23 from 7:00 p.m. to February 24 to 7:00 p.m., 430 dancers from the community and the University would dance for 24 hours. She said last year over $70,000 was raised for the “For the Kids Fund,” which provides money to families whose children receive treatment in the hospital, beyond money received from insurance or Medicaid. She offered copies of the proclamation, which Mayor Waldorf had signed, declaring the week before the dance as Dance Marathon Week. She invited the Council and the community to participate and said the website is www.uncmarathon.org. She asked for the Council’s support.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, SUPPORT AND PRAISE FOR THE DANCE MARATHON. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
3b. Announcements by Council Members
Council Member Wiggins announced for the Home Project Review Committee that applications for the funds are due February 24, 2001, for programs for individuals or families who earn 80% of the area’s median income. She said anyone interested should contact the Chapel Hill Planning Department.
Mr. Horton asked that Item h be removed and deferred until a later time.
Council Member Ward removed Item f for further discussion.
Council Member Ward, regarding Item g, asked that the staff take the initiative to talk to Nancy Easterling, Program Specialist at the North Carolina Botanical Garden, to investigate what the Garden was doing for the special populations and programming for them, in order to provide an opportunity for some cooperative efforts.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 2, WITH F AND H REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2001-02-12/R-2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Nomination to the Bicycle and Pedestrian Advisory Board (R-2). |
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b. |
Request for temporary street closings for the Fifth Annual Franklin Street Mile Road Race, April 21, 2001 (R-3); (O-1). |
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c. |
Acceptance of a Grant for construction of the Booker Creek Linear Park (R-4); (O-2). |
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d. |
Budget Amendment for the Cultural Arts Group’s Annual Community Dinner (O-3). |
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e. |
Amendment of Council Calendar for Assembly of Governments’ Meeting on April 19, 2001 (R-5). |
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g. |
Proposed Increase in Parks and Recreation Budget to Add Inclusion Staff for the Town’s Special Populations Program (O-4). |
This the 12th day of February, 2001.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2001-02-12/R-2)
WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and
WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:
Dan Shugars
This the 12th day of February, 2001.
A RESOLUTION TEMPORARILY CLOSING PORTIONS OF EAST FRANKLIN STREET, HENDERSON STREET, HILLSBOROUGH STREET AND RALEIGH STREET FOR THE FRANKLIN STREET MILE ROAD RACE (2001-02-12/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of East Franklin Street between Columbia Street and Boundary Street; Henderson Street between Franklin Street and Rosemary Street; Hillsborough Street between Franklin and Rosemary Street; and Raleigh Street between Franklin Street and Cameron Avenue on Saturday, April 21, 2001 from 8:00 am to 10:00 am, to allow the holding of the Franklin Street Mile Road Race.
This the 12th day of February, 2001.
AN ORDINANCE TEMPORARILY REMOVING PARKING FROM PORTIONS OF FRANKLIN STREET FOR THE FRANKLIN STREET MILE ROAD RACE (2001-02-12/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill:
That on the 21st day of April 2001, between the hours of 7:30 a.m. and 10:30 a.m. there shall be no parking on either side of Franklin Street between Columbia Street and Boundary Street.
The Police Department of the Town of Chapel Hill is hereby authorized to cover the parking meters on said street during such hours on said date. The Police Department is further authorized to remove, tow, and impound vehicles of any kind that are parked on said street during such hours in contravention of the Ordinance. In light of the event and the large number of pedestrians expected in the street area, the Council hereby determines that vehicles in the restricted areas would constitute a special hazard requiring prompt removal. The owner shall be responsible for and pay storage and moving costs of any vehicle removed pursuant to the provisions of the Ordinance, and the Police Department shall use reasonable diligence to notify the owner of the removal and storage of such vehicle.
This the 12th day of February, 2001.
AN ORDINANCE TO AMEND THE 1996 PARKS BOND PROJECT ORDINANCE (2000-02-12/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the capital projects ordinance for various capital projects funded from a variety of sources is hereby amended as follows:
The capital projects as authorized by the Town Council includes various capital projects funded from grants, the Capital Improvements Program funds, and other miscellaneous sources of revenue for a variety of projects extending beyond one fiscal year.
The Manager of the Town of Chapel Hill is hereby directed to proceed with implementation of these projects within terms of funds appropriated here.
Revenues anticipated to be available to the Town to complete the project are as follows:
Current Budget Revised
Interest Earnings 19,600 107,027
N.C. DOT Grant 0 349,707
Other Revenues 257,200 257,200
Amounts appropriated are for the project as follows:
Parks and Recreation Facilities 5,276,800 5,713,934
SECTION IV
The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Budget, and shall keep the Council informed of any unusual occurrences.
Copies of this projects ordinance shall be entered into the Minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.
This the 12th day of February, 2001.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2001-02-12/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2000” as duly adopted on June 26, 2000 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Non-departmental
Contingency 35,177 500 34,677
Contribution to Others 9,500 500 10,000
This the 12th day of February, 2001.
A RESOLUTION AMENDING THE 2000-2001 COUNCIL CALENDAR TO SCHEDULE AN APRIL 19 ASSEMBLY OF GOVERNMENTS’ MEETING ON SHAPING ORANGE COUNTY’S FUTURE (2001-02-12/R-5)
WHEREAS, Orange County has invited the Town Council to attend an Assembly of Governments’ meeting at 7:30 p.m. on April 19 at the Southern Human Services Center; and,
WHEREAS, the topic of discussion will be Shaping Orange County’s Future;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends its 2000-2001 meeting calendar to schedule an Assembly of Governments’ meeting at 7:30 p.m. on April 19 at the Southern Human Services Center.
This the 12th day of February, 2001.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-02-12/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2000” as duly adopted on June 26, 2000 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Park & Recreation 1,978,693 10,011 1,988,704
ARTICLE II
Current Revised
REVENUES Budget Increase Decrease Budget
GENERAL FUND
Service Charges 998,000 10,011 1,008,011
This the 12th day of February, 2001.
Item 5 – Information Reports
No discussion. Information reports were received as presented.
Item 6 – Stormwater Utility Advisory Committee
Jim Mergner, Chair of the Stormwater Utility Development and Implementation Study Committee, recognized the members present in the audience. He discussed the issues and presented a series of slides:
Stormwater Issues
Problems of Watershed Health
· Flooding
· Stream bank erosion
· Sedimentation
· Degraded water quality
· Biological impairment
· Inadequate stormwater infrastructure
Adequacy of Current Stormwater Management
· No comprehensive program
· Insufficient technical data
· Impact of development
· Regulatory trends
History
· Stormwater Committee-1994
· Stormwater Utility Technical Review Committee-1999
· Stormwater Utility Development and Implementation Study Committee-2000
Challenges
· Meeting the stormwater management needs of the communities
· Single vs. multi-jurisdictional
· Solving problems of existing development
· Designing systems for future development
Broad Based Participation
· Chapel Hill
· Carrboro
· Orange County
· OWASA
· University
· Citizens
Committee Progress
· Increasing our knowledge
· Identifying and categorizing the problems
· Planning next steps
· Integration with federal and State mandates
NPDES (National Pollutant Detection and Elimination System) Storm Water Phase II Rule
· Federal (EPA) mandate that applies to: Orange County, Chapel Hill, Carrboro, University of North Carolina at Chapel Hill
· Implementation over a five-year period
· Public Education and Outreach
· Public Participation and Involvement
· Illicit Discharge Detection and Elimination
· Construction Site Run-off Control
· Post-construction Site Run-off Control
· Pollution, Prevention, and Good Housekeeping
Committee Goals
The committee desires to
· Meet external mandates
· Take a regional cooperative approach
· Seek joint solutions to the problems
· Develop substantive recommendations
Action Plan
· Fall 2001: Recommend an approach to stormwater management
· Spring 2002: Agreement on the approach by local government(s); initiate implementation
· March 3, 2003: Submit NPDES Storm Water Phase II Permit Application
Mr. Mergner urged the Council to adopt the Manager’s recommendation which would adopt a resolution that would expand the charge of the Committee to look at this from a broader perspective.
Council Input Needed On:
· Endorsement of our work to date
· Expand the committee’s charge per Resolution
· Future decisions
· Approaching other jurisdictions
Council Member Ward encouraged the Committee to add to its list of issues remediation of the current problems. Mr. Mergner said the Committee’s charges were to help the community define what was needed to be put in place to deal with the problems on a continuing basis, so specific problems had not been addressed.
Council Member Ward said he would like to get rid of the phrase “wherever practical.” He said these were general goals. Mr. Mergner said there might be disagreements about how to address problems because there were multiple jurisdictions involved.
Council Member Ward asked what the Committee’s view was of “regional.” Mr. Mergner said that at the present time it meant the local municipalities of Carrboro, Chapel Hill, and Orange County and the University.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A resolution expanding the charge oF the STormwater Utility Development and Implementation sTudy Committee to ANALYZE inter-jurisdictional stormwater management issues ON A WATERSHED-WIDE BASIS with the goal of achieving regional consensus and cooperation where practicable (2001-02-12/R-8))
Whereas, the Council desires to further investigate the establishment of a stormwater utility to serve Chapel Hill and possibly the surrounding areas; and
Whereas, the Council further agrees that the study of such a utility must include input and cooperation from a variety of jurisdictions and interested parties.
Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Stormwater Utility Development and Implementation Study Committee charge be expanded to include analysis of inter-jurisdictional stormwater management issues on a watershed-wide basis with the goal of achieving regional consensus and cooperation where practicable.
Be it further resolved that, if necessary, the Town of Chapel Hill will begin to develop a local stormwater management program designed minimally to meet the individual permit requirements of the National Pollutant Discharge Elimination System, Phase 2 (NPDES Phase 2) by September 30, 2001.
This the 12th day of February, 2001.
Item 7 – Report on Beechridge Development Special Use Permit:
Request to Extend Completion Time Limit
Planning Director Roger Waldon reported that Mr. Kevin Huggins had requested an extension of the Special Use Permit, and the staff was recommending an extension of one year.
Tom Traut said that his legal bill, copies of which he passed on to the Council, was not alleged, as it had been referred to in the Manager’s Report. He reviewed the problems with damage to his property by Kevin Huggins. He was requesting compensation for the legal costs from Mr. Huggins, who had refused to reimburse him for the full amount. He said the damage had been repaired, but only after he had pursued legal means. He said the Council should not consider this as a matter of a civil suit.
Karyn Traut added that her lawyer had felt their demands for legal compensation and tree replacement were reasonable, as did the Town officials who had investigated the damage.
Kevin Huggins, Beechridge developer, read a time-line from May 5, 2000 to August 2000, to indicate the process that he had pursued for repairing the construction problems with several of the neighbors, and they seemed to be satisfied. He said the Trauts had moved the siding, which he had intended to do after OWASA had completed its work. Mr. Huggins added that he was willing to pay the $200 for the tree, which he did not recollect promising, as long as the Trauts took down the sign at the entrance to the development, which he considered slanderous to him. He said he had nothing to show that there had been trouble with the driveway until February 2000, and he scheduled work to be done on the driveway long before the Trauts had contacted their lawyer. Mr. Huggins stated he felt that the differences between the Trauts and himself would have to be reached by a legal conclusion.
Council Member Brown asked Mr. Horton to address the fact that the staff had worked with the other neighbors. Mr. Horton said the staff had worked with all the neighbors, but were not successful in resolving the concerns of the Trauts.
Council Member Brown asked if there was anything in the Development Ordinance to keep this issue in mediation. Mr. Karpinos said he was not aware of anything.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 9A.
Council Member Ward said he was not satisfied with the fact that the situation could not be resolved satisfactorily. He suggested that when the Development Ordinance was being written, there be a better way to protect citizens in this situation against “good faith” on the part of the developer. He asked if there was some way to ensure that the private sewer lines would be satisfactory to the Town and to OWASA. Mr. Horton said it was possible and would be done.
Mayor pro tem Pavăo said he agreed with Council Member Ward, but that the Town had done all it could do and it was time to move forward.
Council Member Strom said he was uncomfortable with the issues, and agreed with the issue of the standard of “good faith” off-site. He asked Attorney Karpinos to return to the Council with options of how the Town could expand on the concept of “good faith.”
Council Member Brown asked how the Town dealt with the recreation area, in reference to “good faith.” Mr. Karpinos replied that the recreation space was approved by the Council as part of the original development, and it would be a matter of going through the process to change the Special Use Permit (SUP) to change the location, size, or nature of the placement. He said the holder of the permit would have to initiate the process of change. Mr. Huggins responded that he had a meeting with an attorney to draw up a petition for the Homeowners’ Association to use regarding the recreation area.
THE MOTION WAS ADOPTED 8-1, WITH MAYOR WALDORF, AND COUNCIL MEMBERS BATEMAN, BROWN, EVANS, FOY, PAVĂO, WARD AND WIGGINS VOTING AYE, AND COUNCIL MEMBER STROM VOTING NAY.
A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR BEECHRIDGE DEVELOPMENT (2001-02-12/R-9a)
WHEREAS, Beechridge Development Company has requested an extension of the completion time limit for Beechridge Development; and
WHEREAS, Article 18.6.3 of the Chapel Hill Development Ordinance requires Council to make the determination that a) the permit holder submits the request within 60 days of the completion time limit; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and
WHEREAS, a) the permit holder submitted the request within 60 days of the completion date; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request of Beechridge Development Company for the extension of the completion date of the Beechridge Development to June 24, 2001.
This the 12th day of February, 2001.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, THAT THE COUNCIL REQUEST THAT THE ATTORNEY COME BACK TO THE COUNCIL WITH RECOMMENDATIONS ON EXPANDING COUNCIL FINDINGS REGARDING DUE DILIGENCE AND GOOD FAITH OF DEVELOPERS IN SPECIAL USE PERMIT SITUATIONS TO APPLY PRINCIPLES OF GOOD FAITH BEYOND THE ACTUAL FOOTPRINT OF A DEVELOPMENT.
Council Member Evans requested that a recommendation or a legal opinion be included, that the Council had the legal rights to enact. She wanted it to be included in the motion. Council Member Evans wanted to ensure that the Council would have the legal rights for change.
Council Member Strom did not feel that this should be included in his motion. Mr. Karpinos said he would bring back a recommendation for the Council.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Brown asked when the next public forum was scheduled regarding the Development Ordinance. Mr. Waldon said it would be April 18, 2001, which would be a public hearing. Mr. Horton added that there would be further work in June for the draft, and September as well.
Item 8 – Church of the Holy Family Application for Special Use Permit Modification
Planning Director Roger Waldon commented on the key issues. He said the initial Public Hearing was on January 16, 2001. He pointed out a revision in the recommendation, in which the staff continued to recommend approval of the modification: but no longer recommended sidewalk improvements along Flemington Road; the developer will pull back the pavement near the magnolia trees to maximize chances of surviving; bio-retention of the run-off water from the new parking lot will be 100%, 0% on the old parking lot, and 30% of the roof top runoff as worked out by the staff and the applicant.
Mr. Waldon said the staff continues to recommend approval of Resolution A.
Philip Post, for the applicant, said the applicant completely supported Resolution A and urged the Council to adopt it.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 10A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CHURCH OF THE HOLY FAMILY (2001-02-12/R-10a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Philip Post and Associates on property identified as Chapel Hill Township Tax Map 54, Block D, Lots 1 (PIN # 9798283093), 1A (PIN # 9798285114) and 2 (PIN # 9798283205); if developed according to the site plan prepared on June 23, 2000, and revised on December 19, 2000, 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 to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for Church of the Holy Family in accordance with the plans listed above and with the conditions listed below:
1. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a Floor Area Ratio of 0.156 for the Church of the Holy Family.
Said public purposes being a public safety improvement as well as the expansion of a community facility.
Stipulations Specific to the Development
1. That construction begin by February 12, 2004 (three years from the date of Council approval) and be completed by February 12, 2015 (fourteen years from the date of Council approval).
2. Relationship to 1992 Special Use Permit Modification: This authorization is intended to be in addition to the terms of the Town Council, July 6, 1992 Special Use Permit Modification document recorded in deed book 1018, page 406 of the Orange County Register of Deeds.
3. Land Use Intensity: This Special Use Permit Modification authorizes:
· place of worship and daycare uses;
· demolition and off-site relocation of 3,448 square feet and 1,333 square feet of floor area respectively (4,781 square feet total);
· construction of 11,798 square feet of floor area;
· construction of a 38 space parking lot; and
· the relocation of the existing Special Use Permit boundary at 200 Hayes Road (Church of the Holy Family) to include 212 Hayes Road (neighboring parcel to the north).
The total new floor area authorized is 22,104 square feet. The authorized land use intensities are as follows:
Total # of Buildings: 2
Maximum # of Parking Spaces: 89
Gross Land Area (acres): 3.26
Minimum Outdoor Space (s.f.): 123,358
Minimum Livability Space (s.f.): 90,971
4. Recombination of Lots: That the existing lots at 200 Hayes Road, 212 Hayes Road, and 207 Flemington Road, identified as Chapel Hill Township Tax Maps 54, Blocks D, Lots 1 (PIN #9798283093), 1A (PIN #9798285114), and 2 (PIN #9798283205) respectively be recombined to form a single lot.
5. Alteration of Special Use Permit Boundary: That the existing Special Use Permit Boundary at 200 Hayes Road and 207 Flemington Road shall be altered to include the 0.49-acre lot at 212 Hayes Road, identified as Chapel Hill Township Tax Maps 54, Blocks D, Lots 1 (PIN #9798283093), 1A (PIN #9798285114), and 2 (PIN #9798283205) respectively. The gross land area of the new Special Use Permit Modification boundary is 3.26 acres.
Stipulations Related to Required Improvements
6. Town Standards: That all new streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards. Catch basins and underground stormwater pipes (rather than drainage swales) shall be utilized to collect stormwater.
7. Hayes Road and Flemington Road Frontage Improvements: That prior to the issuance of a Zoning Compliance Permit the applicant obtain all necessary encroachment agreements and permits from the North Carolina Department of Transportation and the Town of Chapel Hill for work occurring in the right-of-way.
8. Curb Section Improvements: That sections of curbing proposed for removal and replacement shall be clearly indicated on Final Plans.
9. Parking Spaces: That the 38 proposed parking spaces will increase the permitted parking spaces on the site to 89 spaces.
10. Handicapped Parking Spaces: That at least two handicapped parking spaces shall be provided in the parking lots (1 space in each lot).
Stipulations Related to Landscape Elements
11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
12. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
13. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:
|
Bufferyard Location |
Buffer Required |
|
Western Border (Hayes Rd.) |
30 ft. Type ‘D’ Buffer1 |
|
Southern Border (Brandon Rd.) |
15 ft. Type ‘C’ Buffer1 |
|
Eastern Border (Flemington Rd.) |
15 ft. Type ‘C’ Buffer |
|
Northern Border (interior property line) |
20 ft. Type ‘C’ Buffer |
1. The Community Design Commission approved a 6-foot high brick wall streetscape on May 20, 1992 as a landscape element of the western bufferyard and a small portion of the southern bufferyard.
14. Tree Protection Fencing: That the tree protection fencing shall be erected between the proposed sidewalk construction along Hayes road and adjacent vegetation that is to remain.
15. Catch Basins and Stormwater Pipes: That catch basins and stormwater pipes shall be utilized as part of street construction, in order to minimize land disturbance in buffer areas. Drainage swales shall not be established in the required landscape bufferyards on this site.
16. Slopes in Buffer Areas: That all newly graded landscape buffer areas shall not exceed a 3:1 slope.
17. Buffer Plantings: That all canopy trees installed in graded buffer areas shall be a minimum of 3” – 3˝“ caliper when installed. Also, all small trees installed in graded buffer areas shall be a minimum of 8 feet in height.
18. Parking Lot Plantings: That all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 2” – 2˝“ in caliper when installed.
19. Magnolia Tree Disturbance Limits at Hayes Road Parking Lot Entrance and Exit: That the drive aisle and curbing configuration be revised in accordance with the 1/23/2001 letter and site plan submitted by the applicant and intended to enlarge the disturbance limit around two magnolia trees, subject to Town Manager approval, as follows:
· North Magnolia Tree
i. North limit - na
ii. South limit – 16 feet
iii. East limit – 26 feet
iv. West limit – 15 feet (unchanged)
· South Magnolia Tree
i. North limit – 9 feet (unchanged)
ii. South limit – 12 feet
iii. East limit – 19 feet (unchanged)
iv. West limit – 12 feet (unchanged)
· Planting Strips: That five-foot wide planting strips shall be provided between parking areas and each building.
Stipulations Related to Utilities
19. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit.
20. Utility Lines: That all new utility lines, other than 3-phase electric power distribution lines, shall be underground.
Stipulations Related to Fire Protection/Fire Safety
21. 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.
22. Fire Hydrant Location: That all new structures be located within 500 feet of a fire hydrant, subject to the approval of the Town Manager, prior to the issuance of a Zoning Compliance Permit.
23. Sprinkler System: That the new buildings shall have a sprinkler systems in accordance with Town Code, which shall be approved by the Town Manager.
Stipulations Related to Refuse and Recycling Collection
24. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for the recycling, management, and minimization of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
25. Heavy-Duty Paving: That all new drive aisles that provide access to future dumpsters or recycling facilities be constructed to Town standards with heavy-duty pavement. In lieu of providing heavy-duty pavement, the following note must appear on final plans; “applicant will provide a waiver stating neither the town of Chapel Hill nor Orange County will be held responsible for any damage to existing pavement in order to service this container.”
26. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, the lighting plan, and any new alternative buffers for the site, prior to the issuance of a Zoning Compliance Permit.
27. 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 shall not exceed the pre-development rate.
28. Directing roof-top runoff to bio-retention: Runoff from the new parking lot shall be directed to a bio-retention area. Bio-retention capacity shall be used to the maximum extent possible, treating not only parking lot runoff but roof runoff as well. Where bio-retention capacity is insufficient to treat roof runoff too, this runoff can be discharged as sheet flow across vegetated areas, subject to Town Manager approval.
29. Bio-retention: That the design and list of plant species of the new bio-retention area shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Town standard detail (E-7) shall be used as a design and plant species guideline for bio-retention areas.
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.
That 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.
31. 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.
32. Erosion Control: That a performance guarantee shall be required in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances, and that the guarantee shall be required prior to issuance of any permit to begin land-disturbing activity.That the approval shall require plans to be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit.
33. Open Burning: That no open burning shall be permitted during the construction of this development.
34. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
35. 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. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
36. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.
37. Bicycle Facilities: That the applicant shall provide bicycle-parking facilities, as described in the Town’s Design Manual. The applicant shall provide a covered, wave-type bicycle rack, in a highly visible, well-illuminated area for ten (10) bicycles. The bike rack covering may include roof eaves of suitable dimensions.
38. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
39. 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 application for a Special Use Permit Modification for Church of the Holy Family.
This the 12th day of February, 2001.
Timothy Kimbrough, pastor of the Church of the Holy Family, thanked those members of the church who had worked through the time of the application, and thanked the Council.
Item 9 – Prestwick Place Application for Special Use Permit
Planning Director Roger Waldon said there had been a few changes in the Manager’s recommended resolution of approval by removing the requirement for crosswalks and pedestrian signals at the intersection of Finley Golf Course Road and NC 54. He pointed out that there had been a proposal from several of the advisory boards that there be stop signs placed at the intersection of Hamilton Road and Prestwick Road, and the staff recommended that the development be built, and then the intersection re-evaluated at a later date. Mr. Waldon said the staff recommendation was that the Council approve Resolution A, and, if there was still interest in the stop signs, the adoption of Resolution F.
John McAdams said the applicant was entirely satisfied with the Resolution as amended by the Manager, and urged its passage.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION 11A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR PRESTWICK PLACE (2001-02-12/R-11a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Morris Commercial and The John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 65, Block C, Lot 5, if developed according to the site plan prepared on June 27, 2000, and revised on November 16, 2000, 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 the Town Council hereby approves the application for a Special Use Permit for Chapel Ridge in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by February 12, 2003 and be completed by February 12, 2004.
2. Land Use Intensity: This Special Use Permit authorizes construction of a new two-story 22,000 square-foot office building on a site with an existing 4,000 square-foot office building, specified as follows:
Total # of Buildings: 2
Maximum Total Floor Area (s.f.): 26,000
(Maximum Floor Area (s.f ) for Clinic Use) 8,000
Maximum # of Parking Spaces: 85
Minimum # of Bicycle Parking Spaces: 9
Minimum Outdoor Space (s.f.): 89,191
Minimum Livability Space (s.f.): 65,413
Stipulations Related to Required Improvements
3. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
4. Finley Golf Course Road Improvements: That the applicant shall install curb and gutter and a 5-foot concrete sidewalk along the site’s Finley Golf Course Road frontage.
5. Prestwick Road Improvements: That the applicant shall pave Prestwick Road and install a 5-foot meandering pedestrian path along the site’s Prestwick Road frontage.
6. Meandering Pedestrian Path: That a dedicated easement shall be provided for the meandering pedestrian path that will allow public access and provide sufficient accessibility for Town maintenance, as needed.
7. Sidewalk Adjustment: That the proposed sidewalk along Finley Golf Course Road at the driveway entrance be extended westward to provide a connection to the internal sidewalk system. In addition, crosswalks or contrasting pavement shall be utilized through the parking lot to connect internal sidewalks.
8. Bio-Retention: That a bio-retention area shall be incorporated into the site plan, subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit.
9. Triangle Transit Authority: That in the event that the Triangle Transit Authority (TTA) requests additional right-of-way along this site’s Prestwick Road frontage by written notice to the property owner, the owner shall dedicate up to 15 feet of additional right-of-way (as determined by TTA) at such time when it is confirmed that TTA is prepared to implement a transit corridor in this location. Accordingly, if and when such right-of-way dedication occurs, the property owner shall be required to implement the following stipulations:
A. That the 15-foot external Type ’A’ landscape buffer shall be recreated in accordance with current Town guidelines.
B. That, if needed, a new alternative buffer shall be approved by the Community Design Commission and the Town Manager, for the portion of the right-of-way adjacent to the stormwater detention facility.
C. That the owner shall either (1) provide documentation to the Town Manger verifying that the dedicated right-of-way does not reduce the capacity or functionality of the on-site stormwater detention facility, or alternatively (2) apply for a Zoning Compliance Permit to make appropriate changes to the stormwater detention facility to be in conformance with the Town Stormwater guidelines and Watershed Protection District regulations that are in effect at such future date.
10. Recorded Plat: That a plat be recorded at the Orange County Register of Deeds which (1) documents all easements on the site, including those for the pedestrian path and the stormwater detention facility, and (2) documents the additional Triangle Transit Authority right-of-way dedication requirement, prior to the issuance of a Zoning Compliance Permit.
11. Bicycle Parking: That a minimum of seven (7) bicycle spaces shall be provided that consists of a locker, individually locked enclosure, or supervised area within a building that provides protection of bicycles therein from theft, vandalism and weather. In addition, a minimum of two (2) external secured, covered and illuminated bicycle parking spaces shall be provided on the site.
12. Location of Bicycle Parking: That bicycle parking lockers/spaces shall be provided closer to the building, such that the they are no further from the building than 50% of the automobile parking located on this site.
13. Shower Facilities: That a shower facility with lockers shall be provided in the new building.
14. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating any rare and specimen trees that will be removed and/or preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. In addition, the applicant shall indicate how disruption to existing vegetation will be minimized during the construction of the proposed pedestrian path.
|
Location of Bufferyard |
Type of Buffer Required |
|
Western Border (University Inn) |
Minimum of 10’ Internal Type ‘B’ Buffer |
|
Northern Border (Aurora) |
Minimum of 10’ Internal Type ‘B’ Buffer |
|
Eastern Border (Finley Golf Course Rd) |
Minimum of 15’ External Type ‘A’ Buffer |
|
Southern Border (Prestwick Road) |
Minimum of 15’ External Type ‘A’ Buffer |
16. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:
17. Planting Strips: That five-foot wide planting strips shall be provided between parking areas and each building.
Stipulations Related to Utilities
18. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit.
19. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground.
Stipulations Related to Fire Protection/Fire Safety
20. 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
21. 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.
22. Heavy-Duty Paving: That all drive aisles that provide access to the dumpsters and recycling facilities, be constructed with heavy-duty pavement.
23. 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 shall not exceed the pre-development rate.
24. Permanent Retention Basin Installation:
A. That a stormwater retention pond 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 the permanent pond. Permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
C. The size, accessibility, location, and design of the pond shall be approved by the Town Manager.
D. The wet retention pond shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
E. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, 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 property owner or Owners’ Association shall be responsible for arranging for annual inspections of the pond by an appropriately certified engineer, to determine whether the pond and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance or repair as may be warranted. 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 property owner or Owners’ Association, including pond maintenance.
G. Maintenance of the pond shall be the responsibility of the property owner or an owners’ association. A maintenance plan shall be provided for the retention pond, to be approved by the Town Manager. The plan shall address inspection, maintenance intervals, type of equipment required, access to the pond, and related matters.
H. All sediment deposited in the pond during construction activity on the site must be removed before “normal” pond operation begins.
I. Emergency drains shall be installed in the pond to allow access for repairs and sediment removal as necessary.
J. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
K. Public storm drainage systems, or other utilities, shall not be located within the pond or dam structure.
L. That the retention pond and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.
25. Transportation Management Plan: That prior to issuance of a Certificate of Occupancy, the Town Manager shall approve a Transportation Management Plan for the development. 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.
26. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, the lighting plan for the site, and any alternative buffers, prior to the issuance of a Zoning Compliance Permit.
27. 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.
28. 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.
29. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification 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 the issuance of a Zoning Compliance Permit.
30. Open Burning: That no open burning shall be permitted during the construction of this development.
31. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
32. 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. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
33. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.
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 approves the application for a Special Use Permit for Prestwick Place.
This the 12th day of February, 2001.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION DIRECTING THE TOWN MANAGER TO CONDUCT A STUDY OF THE PRESTWICK ROAD AND HAMILTON ROAD INTERSECTION SIX (6) MONTHS AFTER THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE PRESTWICK PLACE DEVELOPMENT (2001-02-12/R-12)
BE IT RESOLVED by the Council of the Town of Chapel Hill that having approved a Special Use Permit application proposed by John B. Morris, Prestwick Place, LLC, and The John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 65, Block C, Lot 5, and otherwise known as “Prestwick Place,” the Council desires to study increased pedestrian and vehicular traffic at the intersection of Hamilton Road and Prestwick Road following the construction of the Prestwick Place development;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to conduct a study of this intersection six (6) months after the Certificate of Occupancy is issued for the Prestwick Place development and report back to the Town Council.
This the 12th day of February, 2001.
Item 10 – Wachovia at Meadowmont Application for Special Use Permit
Planning Director Roger Waldon said the staff had revised Resolution A because of issues brought up at the public hearing, and there were four changes. He said the staff continued to recommend approval of the application, with the addition of:
· A stipulation requiring that the applicant install a stop sign at the end of the drive-through lane.
· A stipulation requiring that the applicant install pedestrian crossing signs at the two internal crosswalks.
· A stipulation requiring that the applicant install a Type “C” landscape bufferyard (minimum width 20 feet) along the north property line.
· A stipulation requiring that the applicant coordinate stormwater management plans with The Cedars Retirement Community final plans.
Mr. Waldon said the staff recommended the adoption of Resolution A with these changes. He said there was still a difference of opinion on the amount of parking spaces.
Council Member Foy asked about the management of internal buffers, such as the one requested by the citizen concerned about buffers between the Bank and The Cedars. Mr. Waldon said there had been no buffer required, but there had been a call for lesser parking spaces where some planting could occur.
Council Member Foy said he did not understand the rationale behind the requirements throughout the Town for buffers through the Master Land Use Plan, and internal requirements. Mr. Waldon said in the Master Land Use Plan it was required, but in the case of the Cedars, when it was being built, the developer would probably have planned a buffer zone.
Council Member Evans asked if there was an on-site retention pond required on this site. Mr. Waldon said it was not.
Council Member Ward asked Mr. Waldon to identify the stop sign at the end of the drive-through lane. Mr. Waldon pointed it out.
Council Member Ward said he did not think it was an important location for safety. He felt it was redundant to the drive-through lane.
Jack Clayton, Regional Executive for Wachovia Bank—eastern portion of the State, said Wachovia would support Resolution A with the exception of stipulation 2 and stipulation 11a, referring to the maximum of 14 parking spaces. He said there would be 12 employees at this location, and that 25 spaces would be acceptable. Mr. Clayton said there was no other available parking in the area, for overflow. He said it could be a question of safety for pedestrians and bicyclists, especially at peak times. Mr. Clayton stated the employees would be varying in number at certain times of the day.
Council Member Evans asked if the Town had incorporated on-street parking on Barbee Chapel Road. Mr. Waldon responded there would not be on-street parking near the bank because it was so close to the intersection.
Council Member Bateman said she had asked Annette Moore of Orange County to speak regarding the Community Reinvestment Act, and how some of its provisions applied to the affordable housing units in Meadowmont.
Ms. Moore, formerly the Executive Director of the Community Reinvestment Association of North Carolina (CRANC), said that the Community Reinvestment Act stated that banks had an obligation to invest in the communities which they serve. She pointed out how banks within a community could be requested to participate in some of the programs for helping low-income families. She suggested that Wachovia, in this project provide:
· Construction financing for affordable housing units at a reduced rate.
· Aggressively market the mortgage lending programs, and provide housing counseling.
· Contribute $10,000 to Orange Community Housing Corporation (OCHC) to make sure the residents get the housing counseling.
Council Member Bateman said she wanted the banks to know that the Council wanted them to make outreach efforts to the affordable housing community.
Mayor Waldorf asked if this had been presented to Wachovia, and Council Member Bateman said this evening’s presentation was the first it had heard of it.
Council Member Evans said this issue should not be part of the SUP application, but suggested that Robert Dowling of Orange Community Housing Corporation get together with the banks to discuss this issue.
Mayor Waldorf said it was good to encourage this opportunity in the community.
Judson Van Wyk said his lot was the closest to the proposed Wachovia Bank and would be impacted the most. He thanked the Manager for incorporating his suggestion into the recommendations. He supported an amendment for 21-25 parking spaces for the bank. Mr. Van Wyk said the proposed walkway between the Cedars and the bank was not necessary, and he hoped that there would be no stormwater impoundment on the Wachovia property.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 13A.
Council Member Evans requested a “friendly amendment” to allow 20 parking spaces on-site.
Council Member Foy denied the “friendly amendment.”
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO AMEND THE RESOLUTION TO INCLUDE 20 PARKING SPACES UNDER #2.
Mayor Waldorf said she supported the amendment.
Mayor pro tem Pavăo said he supported the amendment because he feared an Estes Drive Post Office situation again.
Council Member Wiggins pointed out, on pages 17 and 18, a graph of bank parking spaces throughout the Town, and said her bank was a busy bank, but it only had 18 parking spaces, and she never found it crowded. She urged the applicant to encourage the employees to ride together.
THE MOTION TO AMEND FAILED BY A VOTE OF 6-3, WITH MAYOR WALDORF, MAYOR PRO TEM PAVĂO, AND COUNCIL MEMBER EVANS VOTING AYE, AND COUNCIL MEMBERS BATEMAN, BROWN, FOY, STROM, WARD, AND WIGGINS VOTING NAY.
THE MAIN MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-02-12/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 Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised August 4, 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
1. That construction begin by February 12, 2003 (two years from the date of Council approval) and be completed by February 12, 2004 (three years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit authorizes the following:
· 1 building, with a maximum of 4,150 square feet of floor area; and
· A maximum of 14 parking spaces.
3. Land Use: That the use of this development be restricted to a bank with a drive-through facility.
4. Land Use Intensity and Impervious Surface Calculations: That the applicant provide calculations confirming Meadowmont’s overall compliance with Land Use Intensity Ratios and Impervious Surface Limits.
5. Eastern Boundary of the Meadowmont Development: That buildings and parking shall be at least 40 feet from the eastern property line. A 40-foot wide Type C landscape buffer shall be proved along the eastern property line.
6. Heavy Duty Pavement: That a heavy-duty pavement with a 10-inch base course be installed along the refuse/recycling service vehicle routes.
7. Sidewalk Connection to The Cedar Retirement Community: That, sidewalk connection from The Cedars Retirement Community shall be located in line with the walkway along the eastern edge of the bank. The final location shall be reviewed and approved by the Town Manager.
8. Stop Sign and Pedestrian Crossing Signs: That a stop sign shall be installed at the end of the drive-through lane. Pedestrian crossing signs shall be installed at both internal crosswalks.
9. No Parking Signs: That signage shall be installed informing bank customers that parking in The Cedars Retirement Community is prohibited while conducting bank business.
10. Bike Racks: That the bicycle parking area for this development shall comply with the Town’s Design Manual.
11. Parking:
A. That no more that 14 parking spaces be provided.
B. That all parking spaces along the north property line be removed. Additional parking spaces along the eastern property line shall be removed, if deemed necessary by the Town Manager, to accommodate a bio-retention facility.
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.
D. 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.
12. East Barbee Chapel Road Bus Stops: That a segment of the eight foot wide tree lawn between the sidewalk and the street curb, adjacent to the two future East Barbee Chapel Road bus stops, be paved. Final design and dimensions shall be reviewed and approved by the Town Manager.
13. Permanent Retention Basin Installation:
A. That the required off-site stormwater retention pond serving this site be in place prior to the issuance of a Certificate of Occupancy.
B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of permanent pond. Permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
C. The size, accessibility, location, and design of said pond shall be approved by the Town Manager.
D. The off-site wet retention pond shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
E. A performance bond or other surety instrument satisfactory to the Town, shall be posted 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 said pond by an appropriately certified engineer, to determine whether the pond and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town 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 pond 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 of the off-site retention pond shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
J. All sediment deposited in the pond during construction activity on contributing sites must be removed before “normal” pond operation begins.
K. Emergency drains shall be installed in the off-site pond to allow access for repairs and sediment removal as necessary.
L. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
M. Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.
N. No ponds shall be created within the perimeter landscape buffer required for Meadowmont development.
O. That the off-site pond be located and designed such that damage to existing large trees can be minimized.
P. That the off-site retention pond and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.
14. 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 owners association 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.
Stipulations Related to Landscape Elements
15. Landscape Buffers: The following buffers shall be provided; if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:
A. Type “C” landscape buffer (20 feet minimum width) along the northern property line.
B. Type “C” landscape buffer (40 feet minimum width) along the eastern property line. Existing vegetation shall be supplemented with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements.
C. Type “D” landscape buffer (50 feet minimum width) along the Highway NC 54 frontage. That planting be provided, and existing vegetation preserved along the Highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along Highway 54. A streetscape plan, demonstrating compliance with the Master Landscape Plan for Entranceway Corridors, shall be submitted for Town Manager review and approval. That the applicant provide additional information as part of the final plan review process including detailed elevations from Highway 54 for consideration by the Community Design Commission.
D. The landscape buffer plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
16. Landscape Protection Plan:
A. That the removal of the 15-inch oak and 15-inch hickory trees, between East Barbee Chapel Road and the proposed building, shall be reviewed and approved by the Town’s Urban Forester. The Town Manager shall determine if additional grading techniques and or minor site design modifications are necessary if order to preserve one or both trees.
B. That a complete and accurate tree survey of all trees within 100 feet of any proposed off-site grading and be provided with the first submittal of Final Plans. That an accurate tree and vegetation survey of the NC 54 Entrance Corridor be provided with the first submittal of Final Plans
C. 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.
D. That the plan indicates the critical root area (1 foot radius for every inch caliper dbh) for the large trees adjacent to construction areas.
E. No erosion control devices shall be allowed within the designated tree preservation or landscape buffers areas.
17. Landscape Plan: That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. Detailed final plans shall include demonstration that parking lot shading and screening requirements will be met.
Stipulations Related to Building Elevations
18. Building Elevations/Site Lighting: That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.
19. 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.
20. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.
21. 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.
22. 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.
23. 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 how stormwater detention for this site will be achieved. Design and construction of any stormwater management facility shall be approved by the Town Manager.
24. Stormwater Management Plan Review for The Cedars Retirement Community: That the stormwater management between this development and The Cedars Retirement Community be coordinated during final plan review for the Cedar’s and this development.
25. Off-Site Construction Easements: That all required off-site construction easements shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
26. Bio-Retention: That if the Council approval stipulates the removal of the proposed parking spaces along the northern property line and the Town Manager determines the area suitable for bio-retention, the Final Plans shall include a bio-retention facility. Additional parking spaces along the eastern property line may be removed, if deemed necessary by the Town Manager, in order to enhance and/or accommodate this bio-retention facility.
27. 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:
A. Provision for designation of a Transportation Coordinator;
B. Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
C. Quantifiable traffic reduction goals and objectives;
D. Ridesharing incentives; and
E. Public transit incentives.
28. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
29. Refuse and Recycling Collection: That the refuse and recycling collection services be private.
30. 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.
31. Plant Rescue: That the developer consider conducting plant rescue activities on the site prior to initiation of development activity.
32. 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.
33. Erosion Control: 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.
34. Erosion Control Performance Bond: 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.
35. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
36. 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.
37. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above
38. 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 Wachovia Bank at Meadowmont.
This the 12th day of February, 2001.
Item 11 – Transfer of Land for Meadowmont Elementary School and Authorization
to Submit an Application for a Special Use Permit Modification
Assistant Town Manager Sonna Loewenthal reported on the background of the 92 acres of land at the eastern edge of the Meadowmont development. She said the Council had approved a SUP covering the whole parcel, which included 70 acres of parkland and a 22-acre site for a school, which the developer agreed to deed to the Town for a school site provided the Board of Education committed it to use as a school by July 2003. Ms. Loewenthal said the School Board would have to obtain a SUP by July 2005, and that in January 2001, the Superintendent of Schools requested that the Town deed the school site to the Board of Education. She stated the staff was recommending that the Manager be authorized to deed the 22-acre school site from the Town to the Schools, and authorize the Manager to participate in an application for a SUP Modification, which was necessary because the present school park does not have the detailed site plan for the school. Ms. Loewenthal said the staff was recommending separate SUP’s for the school and the park
Ms. Loewenthal said there were two other issues that would be coming, but did not need resolution this evening: (1) deed restriction on floor area, and (2) restrictions on impervious surface. Ms. Loewenthal said the School would need more floor area, and the staff believed that, with the Council’s approval and the approval of the Grantor, these restrictions could be transferred.
Ms. Loewenthal said the staff, this evening, recommended that the Council adopt a resolution authorizing the Town Manager to:
· Transfer ownership of 22 acres of land designated as a school site in the Meadowmont School/Park Special Use Permit to the Chapel Hill-Carrboro City Schools, and
· To submit an application for a Special Use Permit Modification that would split the 22 acres for the school site from the 70 acres remaining in Town ownership as parkland.
Council Member Bateman asked what the time line was on the three acres that the Meadowmont developers had set aside for the Town to purchase, and what would happen to that land since the School Board was not planning to purchase it. Ms. Loewenthal said that would be between the Schools and the owner of the land. Mr. Horton said if the School Board did not purchase the land, the developer had the right to use it as a residential use.
Council Member Ward asked what the time limit was for the purchase of the three acres, and would it be appropriate for the School Board to purchase the land and then sell it to the Town. Mr. Scroggs said it had until 2003. Mr. Horton said it would be sold at market rate, which in the case of Meadowmont, would be fairly substantial. Mr. Horton said he would look into the possibility, at any rate.
Mayor Waldorf said she would like the Council to take another look at the design of the park, since it was designed to include playing fields for a middle school, and now the site would be used for an elementary school. She asked if the design could be modified. Mr. Horton said the schools would require different facilities for a different school than planned, and it would offer the Council an opportunity to reconsider the facilities it felt would be best to serve the community. Mr. Horton said the developer had already agreed to a set amount of money to develop the facilities in the park, and so long as the revisions did not exceed that amount, he did not think revisions would be a problem for the developer. Mr. Horton said the Town could work with the School Board in their design process, for the first step.
Mayor Waldorf asked if the Town needed to initiate a SUP Modification if it wanted to make changes. Mr. Horton said the Town would.
Mayor Waldorf asked if the Town had requested the developer to agree to light the ball field. Recreation Planner Bill Webster said there were no provisions for either irrigation or for lighting.
Mayor pro tem Pavăo said he recalled that the ball field should be built to the Town’s specifications, which required irrigation. Mr. Horton said there were some specifications which the Council had required, and if they were changed, there would have to be some modification of the SUP.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN A DEED ON BEHALF OF THE TOWN TO TRANSFER 22 ACRES TO THE CHAPEL HILL-CARRBORO CITY SCHOOLS AND TO PARTICIPATE IN THE APPLICATION FOR A MODIFICATION OF THE SPECIAL USE PERMIT ENCUMBERING THE SCHOOL SITE AND THE TOWN’S PARKLAND IN MEADOWMONT (2000-02-12/R-14)
WHEREAS, the Town Council has approved a Master Land Use Plan for the Meadowmont development and a Special Use Permit for 70 acres of parkland and 22 acres for a school site; and
WHEREAS, Meadowmont Development Company has deeded the 92 acres to the Town of Chapel Hill; and
WHEREAS, the Chapel Hill-Carrboro City Schools Superintendent has requested that the Town deed the 22 acre school site to the Schools;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to sign a deed on behalf of the Town to transfer the 22-acre school site to the Chapel Hill-Carrboro City Schools.
BE IT FURTHER RESOLVED that the Manager is authorized to participate in the application for a modification of the Special Use Permit which currently encumbers both the school site and the parkland to allow the permit to be divided into separate school and park permits.
This the 12th day of February, 2001.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO AUTHORIZE THE MAYOR TO MAKE A REQUEST OF THE SCHOOL BOARD THAT THIS TOPIC SHOULD BE DISCUSSED—THE REDESIGN OF THE PARK AND THE SCHOOL RECREATION FACILITIES, AND TO SO NOTIFY THE DEVELOPER AT THE SAME TIME.
Council Member Ward asked what part the County should play in the discussion. Mayor Waldorf said she felt that they should be kept fully apprised, but the development of the park was not a cost to the County.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 12 – Possible Orange County Bond Referendum: Request for
$20 Million in Parks and Recreation Projects
Mr. Horton said the staff could have identified many needs in the community, but had tried to keep a reasonable list of needs. He said the staff had recommended for the Council's consideration:
· $7 million for the construction of an aquatics/community center facility at Homestead Park
· $5 million for the construction of Southern Community Park
· $5 million for greenways and bikeways
· $3 million for open space
Mr. Horton said the figures would be subject to the discretion of the Council, and the figures for the aquatics/community center was very flexible and there were various options for Council consideration.
Mayor Waldorf asked what features were included in the $7 million dollars for the aquatics/community center. Parks and Recreation Director Kathryn Spatz said it included the core building, 25-meter by 25-yard lap pool, and a small leisure/therapy pool.
Council Member Bateman said the Leisure Pool was listed by the consultant at a cost of $2 million, and the Leisure Pool that Josh Gurlitz gave the cost for was $276,000, which included a lap pool, as well. She said the needs of both groups could be accomplished with a 25-meter by 25-yard pool, and a 3-lane therapeutic warm water pool. Council Member Bateman said when she added the figures they came to $5,547,000. Ms. Spatz said what the staff was calling leisure/therapy pool was not what Council Member Bateman was talking about, which was a separate therapy pool.
Mayor Waldorf asked what the staff meant by a leisure pool. Mr. Webster said a therapeutic pool would have temperatures set in the low 90 degrees, and a leisure pool would be between 80-86 degrees, and would have several play structures. He said lap pools were usually set around 78-82 degrees for very active swimmers.
Council Member Bateman said she had learned that a moveable floor would add about $2 million to the cost. She felt that options could be looked at.
Mayor Waldorf said that tonight’s goal was to develop a recommendation to send to the County Commissioners and shared with Carrboro and the School Board.
Council Member Strom said he felt that the Manager’s list was supportable, that all of the facilities would be utilized by the towns and the County, and each were central to a specific area of the County.
Council Member Brown asked what the process would be after the request was made. Mr. Horton said there would be a negotiation with the County Commissioners, which the Mayor and the Council members would need to conduct.
Council Member Brown asked how the bond issue would be presented to the citizens, because she was concerned about tax increases. Mr. Horton said the County Commissioners would have to answer that question.
Mayor Waldorf said it appeared that the County Commissioners would put forth a Parks and Recreation Bond of some size, and would put forth what the monies would be used for. She said we need to move forward with what we believe is needed.
Council Member Strom said this would be the amount of money needed to complete each project, and we need to put forth the amount of dollars needed to carry them out.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADOPT RESOLUTION 15.
Mayor Waldorf asked if the requests in the list needed to be prioritized. The consensus of the Council was to just list them.
Council Member Ward asked if this would be sent to the County Commissioners. Mayor Waldorf noted it would be sent to the County Bond Needs Committee, was well. Council Member Ward asked for a formal presentation to the County Commissioners on these requests.
Mayor Waldorf asked it the presentation should be made to the Bond Needs Committee. Council Member Strom said it should be presented to the Bond Needs Committee, when the Committee required it.
Mayor Waldorf noted that at the public forum, there was a suggestion that she or one or more Council members make a presentation to the School Board and to Carrboro, but after talking with the Chair of the School Board, he indicated that he did not believe a presentation was necessary. She said the Chair stated he wanted to know what the Council decided to recommend, and he believed the Board would entertain supporting that, and to be part of the County bond. Mayor Waldorf said she had talked with Mayor Nelson of Carrboro, and they have not yet decided what their list will be, but they will discuss that on February 20. She said that if the Council adopted this tonight, that she would send it to Carrboro so they would know what Chapel Hill’s interests are. After that, she said, maybe several members of each board should get together to make a presentation to the County Commissioners. Mayor Waldorf said we should wait until Carrboro has had a chance to discuss this.
Council Member Evans suggested that if the Bond Needs Committee did not approve of the items on the list, that would be the time to go before the County Commissioners to lobby for what the Town felt its needs were.
Mayor Waldorf asked when all the numbers would have to be set for a November Bond Issue. Mr. Karpinos said that the Bond Council for the County would have to set the schedule, but he felt that things would have to be in place by late spring. He said the Bond Council was the attorneys representing the County on the sale of the bonds, the framing of the questions and the advertising notices required.
Council Member Bateman said the Council should decide what kind of a pool it was looking at.
Council Member Foy agreed and said the committees looking at the pool issue and what to recommend to the Bond Committee, and the Council, needed to look at the pool issue soon.
Council Member Bateman said the Council should decide what the components of the aquatic center would be regarding the pool.
Council Member Brown reminded the Council that the Council had decided to consult with the Schools and with Carrboro before any decision was made, in order to see how much money would be available.
Mayor Waldorf asked if the Council wanted to amend the resolution to reflect a different amount or modify the wording. Council Member Strom said he felt the Council should go with the $7 million, but that the Council needed to make a decision as to what form the pool would take, in order to best serve the needs of the whole community. Mr. Horton said the staff could bring back answers to the questions asked at the discussion of the pool, by the Council’s first meeting in March.
Council Member Ward said the Council had to carefully clarify what the money requested from the bond issue would be spent on.
MAYOR PRO TEM PAVĂO CALLED THE QUESTION.
THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION REQUESTING THAT THE ORANGE COUNTY COMMISSIONERS INCLUDE $20,000,000 IN BOND ORDERS ON THE BALLOT FOR PARKS, GREENWAY, BIKEWAY, AND OPEN SPACE PROJECTS IN THE TOWN OF CHAPEL HILL (2001-02-12/R-15)
WHEREAS, approximately $2 million remain from Parks bonds approved by the voters in the Town of Chapel Hill and Orange County for the Homestead Park project, and
WHEREAS, the work of a citizen committee and comments from public forums have indicated that the citizens prefer an aquatics/community center facility that would cost approximately $8.5 million, and
WHEREAS, growth in the southern portion of Chapel Hill and community wide needs for park land indicate a need to develop the Southern Community Park site, and
WHEREAS, the Town has completed or will soon complete only 6 miles of its proposed 28 mile greenway system, and
WHEREAS, a number of bicycle transportation projects have been identified in theMay 2000, Planning for Chapel Hill’s Future: The Comprehensive Plan, the 2002-2008 Metropolitan Transportation Improvement Program, and the draft 1998 Bicycle Plan, and
WHEREAS, only $1,756,000 remains in the Town’s 1996 Open Space bond fund for the purchase of greenways, open space, entranceways, natural areas, and non-conforming lots,
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that the Orange County Commissioners place bond orders on the ballot that if approved by the voters would authorize the sale of general obligation bonds for the following projects in Chapel Hill:
· $7,000,000 for the construction of an aquatics/community center facility at Homestead Park
· $5,000,000 for the construction of Southern Community Park
· $5,000,000 for greenways and bikeways
· $3,000,000 for open space
BE IT FURTHER RESOLVED by the Council that it is requested that any Parks bond order placed on the ballot by the Board of County Commissioners and any information provided to the voters allow for the possibility that the funds could be used for other parks capital projects approved by the County Commissioners and the Chapel Hill Town Council, if funds remain after construction of the two primary projects.
This is 12th day of February, 2001.
Item 13 – Discussion of Legislative Issues
Mr. Karpinos said the Council calendar included a February 26, 2001 Legislative Breakfast meeting that would set the scope and call for a public hearing for potential legislative requests. He added that there were some small areas that the Town would be asking the Legislature for permission to annex, which were in the plans for future annexation. He said the memorandum included the items the staff had prepared for discussion.
Council Member Strom suggested adding a real estate transfer tax under the section describing new sources of transportation revenues.
Council Member Brown said that the Government’s 2001 Committee had a list of options for tax revenues.
Mayor Waldorf said that the study of the transportation needs in the Triangle had been completed, and had gone to the printer. She said she could describe what increases in taxes would mean. She said there was much talk about making these tax increases State-wide.
Council Member Brown said the issue of home rule should be brought up for discussion again.
Council Member Evans said that the Triangle Smart Growth Committee had put out a tool kit, which included all the issues for tax revenues.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT RESOLUTION 16A. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
A RESOLUTION SUPPORTING THE 2001 REGIONAL LEGISLATIVE AGENDA OF THE TRIANGLE J COUNCIL OF GOVERNMENTS (2001-02-12/R-16a)
WHEREAS, the member governments of the Triangle J Council of Governments have compiled a legislative agenda for the purpose of conveying the information to the General Assembly for its review, consideration, and approval; and,
WHEREAS, the Town of Chapel Hill supports the regional efforts of the Triangle J;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby declares its support of the Triangle J Council of Governments’ 2001 Regional Legislative Agenda.
This the 12th day of February, 2001.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION 16B. THE MOTION WAS ADOPTED UNANIMOUSLY. (9-0).
A RESOLUTION SUPPORTING A STATEWIDE, MANDATORY PROGRAM FOR RECYCLING OF BOTTLES AND CANS (2001-02-12/R-16b)
WHEREAS, the State’s landfills will not be able to contain the growing amounts of discarded materials; and,
WHEREAS, the Town of Chapel Hill supports recycling of bottles and cans;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby declares its support for a State-wide, mandatory program for recycling of bottles and cans.
This the 12th day of February, 2001.
Council Member Brown added putting home rule on the list.
Council Member Strom added discussion of the negotiations with the University to the list.
Mr. Horton said when the item had been prepared, the Governor had not yet frozen the local portion of the funds, and the Legislature might decide to come after the local funds next year. He gave samples of what the costs to the Town would be. Mr. Horton said the intangibles tax would have had a much higher priority on the list, if the staff had known of the freeze previously.
Council Member Brown said she felt the petition from the Sierra Club, regarding the University Master Plan, should be discussed at the Legislative Breakfast. She will look at the petition to determine whether it should be discussed at that time.
Item 14 – Northeast Gateway Statement of Design Objectives
Planning Director Roger Waldon discussed the background of the Design Objectives:
· June 26, 2000, Council authorized sponsoring a competition for the Northeast Gateway Area.
· October 23 Council selected entry submitted by Duda Paine Architects as the winner.
· January 8, 2001, a draft Statement was presented to the Council for comments.
· February 12, 2001, revised Statement presented to Council with highlighted changes reflecting Council members’ comments.
He said procedural options were outlined in the memorandum. Mr. Horton added that, to the extent the Council decided to remove numbers from the report, it would become less of a guiding tool for anyone who might wish to bring forth a proposal.
Council Member Evans asked if a person wished to bring forth a proposal, if the proposal could be presented to the Community Design Commission first. Mr. Waldon said that would be the usual case.
Council Member Evans said that should be included in the process statement of the proposed amendment.
Council Member Foy suggested option #3, which kept the status of the statement non-binding.
Mayor Waldorf asked if it would be difficult for the advisory boards to review the proposals. She asked if this would be helpful to the Council. Council Member Foy said he thought it would be.
Council Member Brown said she was puzzled by the “non-binding” statement.
Mayor pro tem Pavăo said it was a conceptual plan, which was moveable. Mr. Horton said the effort was to make the distinction between something that would be a part of the Comprehensive Plan, and something that would be an advisory document.
COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION 17, TO KEEP THE STATUS OF THIS STATEMENT NON-BINDING, BUT ALSO CHOOSE TO SEND IT TO ADVISORY BOARDS, INCLUDING THE COMMUNITY DESIGN COMMISSION, FOR COMMENT AND HOLD A PUBLIC HEARING BEFORE ADOPTING A RESOLUTION ACCEPTING SUCH A NON-BINDING STATEMENT. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH MAYOR WALDORF, MAYOR PRO TEM PAVĂO, COUNCIL MEMBERS BATEMAN, EVANS, FOY, STROM, WARD, AND WIGGINS VOTING AYE, AND COUNCIL MEMBER BROWN VOTING NAY.
A RESOLUTION ADOPTING A STATEMENT OF DESIGN GOALS FOR THE NORTHEAST GATEWAY CORRIDOR (2001-02-12/R-17)
WHEREAS the Chapel Hill Town Council has identified the Northeast Gateway Corridor (land at the intersection of Interstate 40 and U.S. Highway 15-501) as a strategically important area for new development, and has designated this area as a “Development Opportunity Area” on the Town’s Comprehensive Plan; and
WHEREAS the Council has sponsored a design competition to generate ideas for how this area might be developed; and
WHEREAS the Council finds that it would be useful to articulate a Statement of Design Goals for this area, drawn from the ideas that have been generated, to provide guidance as development plans are contemplated;
NOW, THEREFORE, BE IT RESOLVED that the Council accepts the attached “Statement of Design Goals for the Northeast Gateway Corridor” as a document to be considered as development plans are drawn and evaluated for this area.
This the 12th day of February, 2001.
Item 15 – Petitions
a. By Mayor and Council Members
1. Mayor Waldorf presented a petition to receive and refer Chapel Hill-Carrboro City Schools’ Capital Investment Plan. She requested that the Council to refer this to the staff and the Parks and Recreation Commission for the earliest possible comment.
COUNCIL MEMBER FOY MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO REFER THE PETITION TO THE PARKS AND RECREATION COMMISSION AND THE STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
2. Council Member Bateman asked Mr. Horton for a report on the CRA ratings of the banks the Town banked with.
Discussion of Items Pulled from the Consent Agenda
Item 4f
Council Member Ward said he would like to have some information on cost savings for the use of alternatively fueled vehicles. Mr. Horton said he would do so.
Council Member Brown said there would be a presentation about alternative fuels at a Conference March 19, 2001. Mr. Horton said a staff member would be attending, as well as he and Mayor Waldorf.
COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM PAVĂO, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE MAYOR AND THE TOWN MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES DEPARTMENT OF ENERGY, THE TRIANGLE J COUNCIL OF GOVERNMENTS AND VARIOUS OTHER AGENCIES PARTICIPATING IN THE TRIANGLE CLEAN CITIES COALITION (2001-02-12/R-6)
WHEREAS, the Town of Chapel Hill has supported the
goal of improving regional air quality by increasing the use of alternative
fuel vehicles through participating in the Mobile Source Emissions Reduction
Grant program and by participating in the Triangle “”
WHEREAS, the Town of Chapel Hill has acquired three compressed natural gas vehicles and placed orders for one additional compressed natural gas vehicle and two electric vehicles; and
WHEREAS, the Town of Chapel Hill intends to continue our support of the goals and objectives the Clean Cities Coalition;
NOW, THEREFORE, BE IT RESOLVEDby the Council of the Town of Chapel Hill that the Town will continue to support and participate in the efforts of the Triangle Clean Cities Coalition to increase the use of alternative fuel vehicles in the region.
BE IT FURTHER RESOLVED that the Mayor and the Town
Manager/or/is“”
This the 12th day of February, 2001.
MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE MEETING.
The meeting was adjourned at 10:15 p.m.