SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, AUGUST 26, 2002, AT 7:00 P.M.
Mayor Kevin Foy called the meeting to order at 7:00 p.m.
Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, 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, Town Engineer George Small, Library Director Kathy Thompson, Stormwater Engineer Fred Royal, Traffic Engineer Kumar Neppalli, Public Works Director Bruce Heflin, Planning Director Roger Waldon, Senior Planner Phil Mason, Planner Kay Pearlstein, Senior Long Range Planning Coordinator Chris Berndt, and Town Clerk Joyce Smith.
Item 1 - Ceremonies
a. Proclamation Honoring Chapel Hill Firefighters for Work on behalf of the Muscular Dystrophy Association (MDA).
Mayor Foy read the proclamation declaring the month of August 2002 as Firefighter Appreciation Month. He explained that the Chapel Hill firefighters, with other firefighters throughout the nation, had joined the Muscular Dystrophy Association in its fight against neuromuscular diseases. Mayor Foy pointed out that firefighters had raised more than $16 million nationwide last year in support of MDA and its causes. He thanked and praised Chapel Hill Fire Chief Dan Jones in particular for this effort.
b. Proclamation Honoring George Tate for Contributions to the Business Community and Philanthropic Contributions.
Mayor Foy presented an award to George and Esther Tate for their more than 30-year commitment to the community and to affordable housing. Mayor Foy noted that the award was more than just symbolic. He pointed out that the couple epitomized those who give back to their community in a way that all citizens should value. Mr. Tate thanked the Town for the award and joked that he would give the Town Council a plaque too if they would find a way to lower taxes.
c. Proclamation Recognizing the Orange County 250th Anniversary Celebration.
Mayor Foy presented an award honoring Orange County to its Environment Director David Stancil. Mr. Stancil thanked the Mayor and Town Council for the award and displayed the winning anniversary logo from a contest held earlier in the year. Mr. Stancil also mentioned several upcoming anniversary events.
Item 2 - Presentation by Orange County Water and Sewer Authority
regarding Water Conservation
Orange County Water and Sewer Authority (OWASA) Executive Director Ed Kerwin and its Board Chair Bernadette Pelissier explained that University Lake was currently six feet below full. The Quarry Reservoir, Mr. Kerwin said, was thirty-five feet below full, and Cane Creek Reservoir was more than 16 feet below full, the lowest it had ever been since it was originally filled in 1989. Mr. Kerwin said that the reservoirs were last full in June 2001, but that they did not refill last winter and spring as they usually do. He pointed out that no water had flowed into those reservoirs for six weeks (except for what OWASA had pumped out of the Quarry Reservoir), and that that the four driest months were still ahead. This is the worst drought on record, he said.
Mr. Kerwin explained that demand for water had decreased in July but had rising again in August. The average during the prior week, he said, was 12.7 million gallons per day. The combination of rising customer demand and falling water levels meant that the estimated amount of storage was 110 days, he said. Mr. Kerwin said that after that, the lakes will be empty.
Mr. Kerwin noted that the area was now under Stage II Mandatory Water Use Restrictions. He said that all OWASA customers had received notice of that. He then reviewed those restrictions and explained that the Town was only days away from Emergency Restrictions, which means that no water can be used outdoors except to fight fire. Mr. Kerwin expressed gratitude to the Town Manager and staff for their cooperation and assistance. He also thanked the community in general for reporting violations, adding that OWASA was preparing for the worst while hoping for the best.
Mayor Foy stated that the alarming fact was that the Town was heading into its four driest months.
Council Member Strom praised OWASA for getting the word out on this crisis. He offered his "wholehearted" support for going to stage III and predicted that the conservation-minded community would understand and show support.
Council Member Verkerk asked if the use of well water would affect the Town, or be in violation of the restrictions. Mr. Kerwin replied that it did not directly affect water in reservoirs, but added that there had been some reports of wells running dry. At some point, he pointed out, wells might have to augment the Town's drinking supply. It would be extremely wise to conserve well water, Mr. Kerwin said.
Council Member Bateman asked if there was a way for citizens to post conservation ideas online. Mr. Kerwin replied that OWASA would welcome such information on its website. And Orange County was preparing a website called H2Orange, he said.
Mayor pro tem Evans suggested that OWASA move from one stage to another immediately rather than giving a one- or two-week notice. People had taken advantage of notices, she said, by watering everything during the time lag. Acknowledging that OWASA had received criticism for moving too fast, Mayor pro tem Evans suggested that they continue to do so anyway and move to more stringent stages immediately. Ms. Polissen replied that this probably was exactly what would happen since the drought situation was being monitored on a day-to-day basis. Once the decision is made, it will be immediate, she said.
Item 3 - Petition by Citizens and Announcements by Council Members
3a. Petitions by citizens on items not on the agenda.
1. Kyle Cattani regarding burial of utility lines.
Mr. Cattani described above ground power lines as ugly and vulnerable to the weather. He said that they create health and safety issues and can be an unfair burden that new developments place on their neighbors. Mr. Cattani gave an example of how Duke Power Company had cut a swath through his backyard to install power lines at Carol Woods. He said that those lines were buried once they cross the street and enter Carol Woods' new development. Mr. Cattani described above ground power lines as "yesterday's technology," noting that the town he had lived in prior to moving to Chapel Hill had banned them in 1965.
Mr. Cattani stated that the current ordinance allows new developments to damage properties. He said that it also permits strong herbicides to be applied to the land without permission from the property owner. There is also no requirement to warn property owners prior to spraying or to advise them that their property has been sprayed, he said. Mr. Cattani described the resolution recently passed by the Council regarding burial of three phase lines as "vague and ambiguous." He said that the resolution favored developers, and asked the Town Council to adopt a stronger resolution prohibiting above ground power lines from being installed in Chapel Hill.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
2. Roland Gammon regarding a request for Expedited Processing: Meadowmont Hilltop and Greenway Condominiums Special Use Permit Modification Application.
Mr. Gammon explained that his current plans were exactly as those that the Council had previously approved. Nothing had changed, he said, but somehow the fact sheet had included the wrong information. Mr. Gammon asked for permission to amend the fact sheet. He explained that financing was already underway and asked Council members to amend the Special Use Permit (SUP) so the project could proceed.
Mayor Foy asked the staff to outline the process for responding to Mr. Gammon's request. Town Attorney Ralph Karpinos explained that modification of the SUP would require a public hearing by the Town Council.
Mayor pro tem Evans suggested a motion to expedite this.
Mayor Foy agreed that Mr. Gammon's request to act as quickly as possible was a reasonable one.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE, REFER AND EXPEDITE THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Town Manager Cal Horton noted that Mr. Gammon had asked the Council to waive the normal permit fee in this case. He said that the staff probably would recommend that, but stated that he preferred to make a specific recommendation rather than have the Council act on it tonight. The Council agreed by consensus with Mr. Horton's request.
3. Mr. and Mrs. Ray Carpenter regarding Inter-Library Lending Fees.
Mayor Foy explained that this was a written petition asking to modify inter-library fees so as not to depress the efforts to people who need inter-library loans.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
4. Charles Willingham, Chapel Hill-Carrboro Public Schools Foundation: Walk for Education.
Mr. Willingham, representing the Foundation's Board of Directors, explained that the Board had chosen October 5th at 3:00 p.m. for its sixth annual Walk for Education. He requested that a portion of Franklin Street be temporarily closed, beginning at 2:45 p.m. on that day. Mr. Willingham explained that 3-4,000 walkers were expected and that about 20 police officers had been hired to monitor the Walk.
Mayor Foy commented that this had been a very successful event each year that it had occurred.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
5. Etta Pisano regarding Reopening Discussion for Swap of Land for New High School Site.
Ms. Pisano was not present, but Mathew Barton and Judy Margolis presented the petition on her behalf. Mr. Barton, speaking for Citizens Advocating for a Third High School, asked the Council to reopen discussion of swapping at least part of the Southern Park site for a different site in the southern end of Town. He also asked the Council to allow flexibility in the Urban Services Boundary to include further sites that could be considered by the Chapel Hill-Carrboro City School Board.
Mr. Barton expressed appreciation to the Mayor and Town Council for supporting the Memorandum of Understanding for the Schools Adequate Public Facilities Ordinance (SAPFO), which calls for construction of a new high school to prevent high school usage from exceeding 110% of capacity. Noting that East Chapel Hill High School was at capacity and Chapel Hill High School was over capacity, Mr. Barton explained that SAPFO had been working to prevent the kinds of incidents that occur when schools are stretched like this. He listed three possible locations for a third high school: north of Town, south of Town beyond the Urban Services Boundary, or at the current Southern Park site.
Mr. Barton stated that the Eubanks Road county land to the north would be an excellent school site, but pointed out that it would mean continuing to bus kids from the south of Town for the next hundred years. And the Urban Services Boundary cannot be built on, he said, adding that many people do not want that boundary extended. Mr. Barton argued that the best solution, therefore, would be to swap part of the Southern Park land. He noted that the park land seemed to be a good buildable site that would not require extending the Urban Services Boundary. Mr. Barton stated that the high schools probably would be about 500 students over capacity next year. Since it takes two to three years to build a high school, he said, the School Board needed to get started on it and it needs the Council's help.
Mayor Foy commented that this issue needed broad discussion in the community. He pointed out that Agenda Item #17a(2) included a related petition, and asked Council Member Bateman to bring that forward at this time so that both items could be discussed together.
Item 17a(2) - Petition for Discussions about Location for Third High School
Council Member Bateman stated that it seems as though the interested parties never sit down at the same time with the same information regarding this issue. She said that such a process was critical if the community wanted to address the location of a third high school. Council Member Bateman suggested that the Council start conversations with the Chapel Hill-Carrboro School Board and the Orange County Board of Commissioners about the prospect of locating a third high school in the southern part of Chapel Hill. She asked Mayor Foy to contact the Chairs of these two boards and to decide what the best representation would be from the Council. Council Member Bateman agreed with Mr. Barton that the issue should be expedited.
Mr. Barton reported that the Orange County Commissioners had expressed interest in working to fund this.
Mayor Foy expressed support for Council Member Bateman's petition, noting that supporting her petition does not commit Council members to any particular site. He noted that he had been clear about not wanting to use the Southern Park land. Mayor Foy added that there might be other ways to help support a third high school in the southern part of Town.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO RECEIVE AND REFER MS. PISANO'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Continuation of Petitions:
6. Eunice Brock regarding re-evaluation of Apple Chill.
Ms. Brock suggested that the Town either end or change its Apple Chill and Festifall street fairs. She said that Apple Chill costs $33,000 more than it brings in, it pollutes the environment, and causes a loss of income to local merchants. Ms. Brock recommended returning the fairs "to the community for which they were intended" by having a Last Friday event instead. She suggested replacing the fairs with something "truly community-based," and applying the money saved to one of the capital improvements projects that had been cut. She asked the Council to look at Apple Chill, in particular, and decide if that fair is a wish or a need.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
7. Julie McClintock regarding UNC Hazardous Waste Site at Horace Williams Property.
Ms. McClintock thanked the Town staff for working so hard to answer the Council's questions. She then asked Council members to request a commitment from UNC for early notification of any future studies or remediation efforts. She also recommended that UNC identify a point person in the administration who would be available to Town staff. Ms McClintock suggested that the Manager receive regular updates from UNC on any new developments regarding hazardous waste buried at the Horace Williams site.
Ms. McClintock said that she, Bob Epting and Dan Coleman had wanted to know who was ultimately responsible for seeing that the hazardous landfill wastes that are buried on the Horace Williams site are moved. She asked who had the authority to make sure that this gets done and what the relationship was between when that is done and when development begins. "My understanding is that when you have a hazardous waste site that it needs to be cleaned up before development occurs," she said.
Ms. McClintock noted that the Manager's memo states that the North Carolina Department of Energy and Natural Resources (DENR) is the agency that would conduct an investigation. The memo also says that Environmental Protection Agency (EPA) has an agreement with DENR to reassess the sites before placing them on the Superfund list, she said. Ms. McClintock pointed out that there is a difference between being on a Superfund list and being on a Superfund priority list. She predicted that this site would never be placed on the Superfund priority list, but said that it probably still resides on the Superfund list. Ultimately, EPA would have the authority to insure that the site would be cleaned up, she said.
Ms. McClintock stated that Chapel Hill citizens were concerned that groundwater has been poisoned as a result of the hazardous wastes that were buried on the site. "I think that citizens really are owed an answer from the University about the status of this," she said.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Item 4 - Consent Agenda
Mayor Foy commented that Item #4h (regarding CTC Exchange Services) was the type of thing that the Town does not get the franchise tax for. He stated that this type of tax was exactly what the State was taking from the Town.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2002-08-26/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Adoption of Minutes of June 3, 10 (Work Session and Business Meeting), 12, 17, and 24, and July 26, 2002. |
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b. |
Proposed 2001-02 Public Housing Assessment System Management Operation Certification (R-2). |
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c. |
Establishment of a Project Ordinance for the 2002-03 Capital Fund Program for Public Housing Renovations and Resident Services (O-1). |
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d. |
Proposed Sale of Land at Cedar Falls Park to Resolve Encroachment (R-3). |
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e. |
Proposed Exchange of Property Adjacent to Cedar Falls Park to Resolve Encroachment (R-4). |
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f. |
Consideration of OWASA Easement on Town Property (R-5). |
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g. |
On-Street Parking Regulations in the West Rosemary Street Area (O-2). |
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h. |
Franchise for CTC Exchange Services – First Reading (O-2.1). |
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i. |
Traffic Regulations Ordinance for Public Streets Recently Accepted by the Town Serving New Developments (O-3). |
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j. |
Establishment of an Interjurisdictional Stormwater Work Group (R-7). |
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k. |
Deleted. |
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l. |
Calling a Public Hearing: Chapel Hill Code of Ordinances and Development Ordinance Text Amendments for Signs Posted on Utility Poles (R-9). |
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m. |
Nomination to the Chapel Hill Public Arts Commission (R-10). |
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This the 26th day of August, 2002.
A RESOLUTION APPROVING A PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) MANAGEMENT OPERATIONS CERTIFICATION (2002-08-26/R-2)
WHEREAS, the U.S. Department of Housing and Urban Development requires the submission of a Public Housing Assessment System (PHAS) Management Operations Certification; and
WHEREAS, the Department of Housing and Urban Development requires that the Council of the Town of Chapel Hill approve a Certification for fiscal year ending June 30, 2002;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the Public Housing Assessment System (PHAS) Management Operations Certification, as submitted to the Council on August 26, 2002.
This the 26th day of August, 2002.
AN ORDINANCE TO ESTABLISH A HOUSING CAPITAL FUND PROGRAM (CFP) PROJECT ORDINANCE ( 2002-08-26/O-1)
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 following project ordinance is hereby established:
Section I
The project authorized is the Capital Fund Project as approved by the Council on May 13, 2002. Funds are as contained in an Amendment to Consolidated Annual Contributions Contract between the Town and the U. S. Department of Housing and Urban Development (HUD) dated August 8, 2002.
Section II
The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the Contract document(s), the rules and regulations of the U. S. Department of Housing and Urban Development, and budget contained herein.
Section III
The following revenue is available to complete the project:
Capital Fund Program $584,065
Section: IV
The amounts appropriated for the project are as follows:
Management Improvements $ 61,500
Administration $ 21,900
Site Improvements $ 58,037
Dwelling Structures $ 404,188
Dwelling Equipment $ 10,500
Relocation $ 27,940
Total $ 584,065
Section: V
The Finance Director is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to the U.S. Department of Housing and Urban Development as required by the Annual Contributions Contract and federal regulations.
Section: VI
Funds may be advanced from General funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.
Section: VII
The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.
This the 26th day of August, 2002.
A RESOLUTION AUTHORIZING THE MANAGER TO GIVE PUBLIC NOTICE AS REQUIRED BY N.C.G.S. § 160A-269 FOR A PROPOSED SALE OF TOWN PROPERTY TO JAMES H. HILKEY AND CYNTHIA L. WILHELM (2002-08-26/R-3)
WHEREAS, improvements associated with lot 2 Block J of the Lake Forest Subdivision, further identified as Chapel Hill tax map 7.41B..8, were built upon property owned by the Town; and
WHEREAS, a sale of 1,767 SF (+/-) of Town property to James H. Hilkey and Cynthia L. Wilhelm would resolve the boundary encroachment that has been in effect for at least 30 years; and
WHEREAS, it is in the best interest of the Town and James H. Hilkey and Cynthia L. Wilhelm to resolve the property line issue;
NOW, THEREFORE, BE IT RESOLVED that the Council indicates its intent to sell 1,767 SF (+/-) of property currently identified as being a part of Cedar Falls Park to James H. Hilkey and Cynthia L. Wilhelm in order to resolve a long-standing property encroachment issue.
BE IT FURTHER RESOLVED by the Council that the Manager is authorized to advertise the proposed sale as required by N.C.G.S. § 160A-269, giving 10 days’ public notice for potential upset bids, and schedule an agenda item for possible Council action at the Council’s September 23, 2002 regular meeting.
This the 26th day of August 2002.
A RESOLUTION AUTHORIZING THE MANAGER TO GIVE PUBLIC NOTICE AS REQUIRED BY N.C.G.S.A. § 160A-271 FOR A PROPOSED PROPERTY EXCHANGE BETWEEN THE TOWN AND THE OWNERS OF LOT 2-8 OF COUNTRYWIDE SUBDIVISION (2002-08-26/R-4)
WHEREAS, improvements associated with lot 2-8 of the Countrywide Subdivision were built upon open space property owned by the Town; and
WHEREAS, the open space area in question consists of approximately 27,656 square feet; and
WHEREAS, a deed gap consisting of about 41,250 square feet exists between the open space area and Cedar Falls Park; and
WHEREAS, it would benefit both the Town and the owners of lot 2-8 of the Countrywide Subdivision to resolve the property line issue;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to advertise the proposed property exchange as required by N.C.G.S.A. § 160A-271 and schedule an agenda item for possible Council action at the Council’s September 23, 2002 regular meeting.
This the 26th day of August, 2002.
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO GRANT AN EASEMENT TO THE ORANGE WATER AND SEWER AUTHORITY FOR THE INSTALLATION OF A SANITARY SEWER ODOR REDUCTION FILTER ON TOWN PROPERTY ADJACENT TO FIRE STATION #2 NEAR THE INTERSECTION OF HAMILTON ROAD AND PRESTWICK ROAD (2002-08-26/R-5)
WHEREAS, area residents and fire station personnel have complained of odors from the OWASA sanitary sewer in the vicinity of Town Fire Station #2; and
WHEREAS, OWASA agreed to install a filter to reduce such odors; and
WHEREAS, it was determined that the best location such a filter is on an unused portion of the Town-owned fire station property; and
WHEREAS, the filter installation requires an easement on said Town property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute easement documents as necessary for the filter installation and as described on the attached sewer easement map.
This the 26th day of August, 2002.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING ON-STREET PARKING (2002-08-26/0-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-27.4 of the Town Code of Ordinances, “Parking allowed during certain hours on Sundays” is hereby amended by adding the following in appropriate alphabetical order:
“Street Side From To
West Rosemary North A point 25 feet west of A point 25 feet east of
Roberson Street Graham Street
North Roberson West A point 25 feet north of A point 25 feet south
West Rosemary Street of Whitaker Street
Section 2. This ordinance shall become effective October 1, 2002.
This the 26th day of August, 2002.
AN ORDINANCE GRANTING A FRANCHISE TO CTC EXCHANGE SERVICES, INC. TO PROVIDE TELECOMMUNICATIONS SERVICES IN THE TOWN OF CHAPEL HILL (2002-08-26/O-2.1)
BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby grants a franchise to CTC Exchange Services, Inc. (CTCES) to operate a telecommunications system in the Town subject to the following conditions:
Scope of Services
The company may provide the following services:
Telephone and Personal Communications Services, including cellular telephone services pursuant to authority granted by the Federal Communications Commission and the North Carolina Utilities Commission.
This franchise does not authorize the company to provide cable television or video services, for which a separate franchise could be requested. This franchise does not authorize placement of public use telephones on Town property or public right-of-way.
Relocation of Equipment
Upon the exercise of the Town Manager’s reasonable discretion, any of the company's equipment that may be located in public right-of-way or other Town property shall be subject upon 180 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager; provided that places satisfactory to the Town Manager are available within such period and will not result in a material adverse affect on the quality of company's telephone service provided to the Town; otherwise, such time period shall be extended as reasonably necessary for the company to find an adequate relocation site, provided, however, that the Town Council approves a separate lease agreement.
Subject to the time frames referenced in the preceding paragraph, removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town.
Upon the Town's determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town after consultation with the company. Emergency needs are not subject to the time limits stated above.
Disturbance of Property within a Right-of-Way; Inspections
Any disturbance of property within or affecting a public right-of-way, as may be necessary for the installation and/or connection of services by the franchisee, must receive prior approval of the Town Manager or Manager's designee and shall be subject to inspection and approval by the Town as provided by Chapter 17, Article IV of the Town Code of Ordinances. The franchisee shall notify the Town Manager’s office 24 hours in advance of the start of any construction that will damage any existing public street or significantly obstruct the flow of traffic.
Term of Franchise
The term of the franchise shall be 20 years from acceptance by the franchisee, with the possibility of renewal subject to filing of a renewal application at least one year before the franchise expiration.
Letter of Credit, Fees and Taxes
The company shall maintain a letter of credit in the amount of $50,000, or a guarantee of company's parent company, acceptable to the Town Manager, with the required amount to be replenished as necessary to maintain the required balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of any applicable fees and taxes due to the Town. So long as the company is subject to and does pay the State franchise tax imposed pursuant to N.C.G.S. §105-120, the Town shall not, and does not currently, charge a license, privilege or franchise tax on the company, which is not authorized by law and applicable to other similar businesses. Should the Town seek to impose a fee or tax on the company in the future, the company shall have not less than 120 days’ notice prior to the effective date of such fee or tax, and shall have the right to terminate the franchise provided that it shall remove its equipment from the Town property or public right-of-way within 60 days of termination.
Insurance and Indemnification of the Town
The company shall maintain general liability insurance naming the Town as an additional insured party and in a form satisfactory to the Manager. General liability coverage shall be in the amount of at least $1,000,000.
The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages that may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.
Compliance with All Applicable Laws, Ordinances and Regulations
The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town that may be issued under the franchise ordinance terms or general law, provided that such policies, directives, codes, and regulations are consistent with State and Federal laws and regulations, and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc. Failure to comply shall be grounds for revoking the franchise.
Acceptance of Franchise Terms
The company shall, within 60 days of adoption of this franchise ordinance on second reading, accept all terms and conditions of the franchise ordinance.
Revocation Procedure
If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease utilizing its facilities located on Town property or public right-of-way within 120 days of receiving notice of revocation and remove its equipment from public right-of-way within 180 days. Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit or to call upon the guarantee to cover such costs.
Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company. The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.
Transfer of Ownership
A change or changes in ownership of the franchisee cumulatively totaling a 25% or greater interest in the company shall be subject to review and reasonable approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for review of such a change(s) in ownership. In the event the Town Council reviews and, for good cause duly substantiated, objects to the change in ownership, it shall have the authority to revoke the Franchise in accordance with the procedure set forth in the preceding paragraph.
This the 26th day of August, 2002. (FIRST READING – second reading scheduled for September 9, 2002).
AN ORDINANCE AMENDING SECTION 21-11 AND 21-13 OF THE TOWN CODE OF ORDINANCES REGARDING SPEED REGULATIONS AND RIGHT-OF-WAY AND STOP REGULATIONS (2002-08-26/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-11(B) (2) of the Town Code of Ordinances, "Twenty-five (25) miles per hour on the following streets:" is hereby amended by inserting the following therein the appropriate alphabetical order:
“West Barbee Chapel Road (from NC 54 to Meadowmont Lane)
East Barbee Chapel Road (from Meadowmont Lane to NC 54)
Bluefield Road
Charleston Lane
Meadowmont Lane”
Section 2. Section 21- 13 (a) of the Town Code “Right-of-way and stop regulations.” is hereby amended by adding the following, in alphabetical order:
“Through Streets Stop Streets
Bluefield Road Charleston Lane
Old Durham Road Bluefield Road
Standish Drive Bluefield Road”
Section 3. This ordinance shall become effective upon adoption.
This the 26th day of August, 2002.
A resolution authorizing the TOWN Manager to INVITE PARTICIPATION IN AN INTER-JURISDICTIONAL STORMWATER MANAGE-MENT WORK GROUP INCLUDING REPRESENTATIVES FROM CHAPEL HILL, CARRBORO, ORANGE COUNTY, OWASA AND THE UNIVERSITY (2002-08-26/R-7)
Whereas, the Chapel Hill Town Council desires to continue and to improve inter-jurisdictional cooperation on stormwater and floodplain management issues; and
WHEREAS, the Council is aware of increasing stormwater management related mandates and obligations for which the Town and other local units of government will be responsible; and
WHEREAS, the Council has considered the recommendation of the Stormwater Utility Development and Implementation Study Committee to establish inter-jurisdictional cooperation in stormwater and floodplain management issues; and
WHEREAS, the Stormwater Utility Development and Implementation Study Committee recommendations include inter-jurisdictional discussions on topics such as inter-jurisdictional monitoring, enforcement and elimination of illegal discharges; public education; digital flood mapping and database management; sedimentation and erosion control and other related topics;
Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Council authorizes the Manager to invite participation in an inter-jurisdictional stormwater management work group to include representatives from Chapel Hill, Carrboro, Orange County, OWASA and the University.
This the 26th day of August, 2002.
A RESOLUTION CALLING A PUBLIC HEARING TO AMEND THE TOWN CODE OF ORDINANCES AND THE TOWN DEVELOPMENT ORDINANCE TO ALLOW SIGNS TO BE POSTED ON UTILITY POLES (2002-08-26/R-9)
WHEREAS, the Chapel Hill Town Council has received a petition asking the Town to revise or repeal Chapel Hill Ordinances that prohibit the posting of signs on utility poles;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Wednesday, October 16, 2002 to consider changes to the Town’s Code of Ordinances and the Town’s Development Ordinance that would permit the posting of signs on utility poles.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Manager to prepare the proposed changes in a form consistent with the Town's Code of Ordinances and the Town’s Development Ordinance, and to refer the proposal to the Planning Board, the Historic District Commission, the Community Design Commission and the Manager for recommendation.
This the 26th day of August, 2002.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2002-08-26/R-10)
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:
Chapel Hill Public Arts Commission
Betsy Bullen
Jeffrey Cohen
This the 26th day of August, 2002.
Item 5 - Information Items
Regarding the Schools Adequate Public Facilities Ordinance (SAPFO), Council Member Bateman said that she was please to read that the Council would receive comments from other boards that had concerns about the wording of the Memorandum of Understanding. She asked if this item would come back to the Council by October. Mr. Horton replied that the October date had been based on information from the Planning Director.
Council Member Ward pointed out that the Council had scheduled a meeting on this issue in September.
Regarding Item 5f (Response to Petition from Elkins Hills and Adjacent Neighborhoods), Council Member Strom asked Council members to consider discussing this concurrently with his and Council Member Ward's petition (Agenda item 17a(1). The Council agreed by consensus.
Item 17a(1) - Petition regarding Inquiry for Consideration by the University
Council Member Strom noted that the Town was at a unique point in its infrastructure planning. He pointed out that the Town's Public Works facility must be moved because its lease at the Horace Williams site was not being renewed. He explained that his and Council Member Ward's petition was an inquiry to the Manager to begin a fairly comprehensive discussion with UNC's Chancellor Moeser about possibly extending the Town's lease at the Horace Williams site. Council Member Strom explained that the petition also asked whether it would be possible for co-development and co-use of future public works facilities on that site and not next to the Elkins Hills neighborhood. He stressed that all parties would benefit from the efficiencies of co-locating these support services.
Council Member Jim Ward described the petition as an opportunity for the University and Town to explore issues that had not been discussed since circumstances changed. He noted that the future of the Horace Williams site along with the financial situation that everyone faces moves the Town to explore opportunities such as this whenever it can.
Mayor Foy summarized Council Members Strom's and Ward's petition as a request for a discussion with the University about whether it was possible to extend the Town's current lease on University property for a joint public works site with Carrboro that would include some of the infrastructure, such as fueling stations, that the Towns and the University have. He expressed support for the petition, but pointed out that the Airport might not close after all. Mayor Foy recommended that the Council take a position on whether it wants the Airport closed or not.
Mayor pro tem Evans suggested taking that position now.
Council Member Wiggins, pointing out that the joint facility would benefit the University and the Town, recommended seizing the opportunity. She asked if Carrboro would be included in the discussion, and Council Member Strom replied that Carrboro had not been invited directly.
Council Member Bateman recommended inviting Carrboro to participate. Council Member Strom moved the petition with Council Member Bateman's recommendation to invite Carrboro to join the discussion.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ACCEPT PETITION 17a(1) AS AMENDED TO INCLUDE THAT THE COUNCIL'S ACTION BE COMMUNICATED TO CARRBORO. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor pro tem Evans asked Mr. Karpinos if it would conform to Town procedure if the Council moved to reaffirm their previous position on the Horace Williams Airport. Mr. Karpinos replied that would conform, but Mr. Horton advised the Council not to literally adopt what they had said before, since they did not have the exact words in front of them.
Mayor Foy suggested taking an official vote on whether or not the Council wanted to suspend the rules and vote this evening on a motion regarding the Airport. Mr. Karpinos noted that there was no need to take that step unless someone objected.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO SUPPORT THE CLOSURE OF THE AIRPORT AT THE EARLIEST OPPORTUNITY AND IN LINE WITH UNC'S SCHEDULE TO CLOSE IT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Harrison noted that it would be a long time before there would be a State budget with that provision in it.
Item 6 - Report on Traffic-Calming Petitions from Several Neighborhoods
Town Traffic Engineer Kumar Neppalli outlined several ways to implement traffic calming in four neighborhoods. He noted that the Town Council had approved $44,000 in this fiscal year for this purpose and explained that installing traffic-calming devices in these four neighborhoods would cost approximately $31,000. Mr. Neppalli explained that there were three more pending applications, which would cost and estimated $15,000 to $20,000. He pointed out that the Council's packet included information from the Town Attorney.
Eleanor Murray spoke in support of a speed hump for Chippoaks Drive, on which, she said, approximately 867 cars pass per day with 15% of them speeding. That means that 130 cars per day are speeding in a neighborhood filled with children, she said. Ms. Murray explained that a blind curve and a small hill make the street even more dangerous. She pointed put that children must cross that street to reach their school bus stop. There have been several near misses over the years, she said.
Ms. Murray explained that she and her neighbors had screamed at speeders and had asked people to slow down through articles in their neighborhood newsletter. Nothing had worked, she said, requesting that the Town place a speed hump there before a bad accident occurs. She asked that the speed hump be high enough that people must almost stop to go over it. Ms. Murray pointed out that the suggested location of the speed hump on page 19 of the Agenda was incorrect. She said that it should be the same as on the staff map on page 20.
Donna Bauman repeated much of what Ms. Murray had said, adding that a blind curve on Irwin Road had had three fatal accidents in the past. She told the Council that cars entering Chippoaks Drive from Erwin Road were speeding toward a hill that limits the driver's view. Ms. Bauman explained that even though she had lived in the neighborhood for only a few months she had already seen several near accidents. She pointed out that the number of speeding cars probably would grow once the Sage Road connection meets Perry Creek.
Ms. Bauman reported that drivers cut through her neighborhood from Weaver Dairy Road to Erwin Road, and pointed out that speed humps might deter them from doing so. She requested a speed hump on Chippoaks in addition to the three requested on Perry Creek Drive. Lives are at risk each day, Ms. Bauman said. She asked the Town Council to pay $2,500 for a speed hump on Chippoaks Drive before a child is injured.
Steve Brochious, representing the Culbreth Ridge Development Board, stated that 92% of residents in his neighborhood had approved traffic-claming proposals on a signature ballet. Their first preference is for the closure of High Grove Road, he said, noting that a precedent for this exists in Cobble Ridge. Mr. Brochious said that the neighborhood would accept, as a next resort, an amended version of the Manager's recommendation that would add a multi-way stop sign at the intersection of Hanser Court and Gardner Circle, and other changes such as traffic control signs.
Mr. Brochious argued that the cost of improvements should be borne solely by the Town since poor Town-approved planning had caused the traffic problem. He said that the Association had spent $7,500 on a concrete sidewalk from their neighborhood to Culbreth Middle School, adding that they cannot afford the additional plans that the staff was recommending. Mr. Brochious asked the Mayor and Town Council to implement some sort of traffic calming at tonight's meeting, noting that they had first requested this in 2001.
Adele Van Dame, a member of the Culbreth Ridge Homeowners Association, discussed Neighborhood Proposal #2/Item A, regarding traffic control signs. She passed out photos of specific signs that the neighborhood would like and asked that they be added to the proposal. The cost would be $235 for each sign, Ms. Van Dame said, and the Association would like four of them, or at least three, and would like the Town to fund them. Ms. Van Dame said that she had spoken to Mr. Neppalli about the signs and that he had encouraged her to bring them to the Council's attention.
Michelle Arlotto explained that she had come before the Council twice before to ask for traffic-calming measures in the Springcrest neighborhood. She thanked the Council for responding to the request. Ms. Arlotto stated that she and her neighbors agreed with the staff's recommendation for four speed humps and a multi-way stop sign.
Henrik Dohlman pointed out that the 1,150 homes in Southern Village account for about 6% of Chapel Hill. He noted that there were only three outlets from Southern Village and that one of them goes through the Culbreth Ridge Development, sending more than 1,600 cars per day through a community of 36 homes. Mr. Dohlman explained that the three-way intersection of Highgrove Drive and Gardner Circle was particularly dangerous, especially during morning rush hour. That intersection is at the top of a hill and has a crosswalk leading to Culbreth Middle School, he said, adding that 140 kids and 1,600 cars converging on it each day and that an accident is inevitable. Mr. Dohlman said that Southern Village had been poorly designed with respect to traffic and that it was the Town's "collective obligation" to mitigate the dangerous situation as quickly as possible. He described the Town's proposal for traffic-claming measures as an excellent one and urged the Town Council to approve it.
Mayor pro tem Evans suggested deleting Ashley Forest Road, since it is a dead end and no one from that neighborhood had come to the meeting. She recommended placing a sign there instead that advises drivers people to stop speeding in their own neighborhood. Mayor pro tem Evans then asked the staff how to include the pedestrian signs that Ms. Van Dame had requested. Mr. Horton replied that the Council would need to modify the budget ordinance as well as the resolution in order to do that. Mayor pro tem Evans pointed out that deleting #14 would make additional money available. Mr. Horton said that there was a total of $44,000 available and that the Council may use it as they choose.
Mayor Foy recommended acting on each neighborhood individually when it comes time for action. Council Member Bateman agreed with Mayor pro tem Evans' suggestion about dead end streets. She recommended waiting to see how the signs work out, though, before telling the Ashley Forest neighborhood that they cannot have traffic-calming devices.
Mayor Foy noted that Ashley Forest already had installed "slow children playing" signs.
Council Member Kleinschmidt pointed out that Ashley Forest was a much denser neighborhood than Sweeten Creek Road and Perry Creek Road. He argued that all of the neighborhoods but Culbreth have only neighborhood-generated traffic. Council Member Kleinschmidt objected to Ashley Forest's petition being dismissed just because there was no one representing them at the Council meeting tonight.
Council Member Ward expressed support for all of the staff's traffic-calming recommendations. He argued that Ashley Forest being a dead end was irrelevant since dangerous traffic is a problem even when speeding neighbors are the cause.
a. Proposed Traffic-Calming Devices on Sweeten Creek Road in the Chandler's Green Neighborhood.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO ADOPT R-11. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE INSTALLATION OF CERTAIN TRAFFIC CALMING MEASURES ON SWEETEN CREEK ROAD IN CHAPEL HILL (2002-08-26/R-11)
WHEREAS, the Council of the Town of Chapel Hill is concerned about vehicular and non-vehicular safety and mobility on Town streets; and
WHEREAS, the Council has received a petition from the Chandler’s Green Homeowners’ Association and a report from Town staff about proposed traffic calming measures on Sweeten Creek Road;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the installation of the following traffic calming measures on Sweeten Creek Road:
1) Multi-way stop signs at the intersection of Sweeten Creek Road and Amesbury Lane
2) Three Speed Humps at specified locations
3) Traffic Circle at the intersection of Sweeten Creek Road and Amesbury Lane, if follow-up studies show that a traffic circle is necessary at this intersection
BE IT FURTHER RESOLVED that the Council authorizes the installation of a traffic circle at the intersection of Sweeten Creek Road and Amesbury Lane if, following study of the intersection performance under the above authorized multi-way stop conditions, a traffic circle is found to be necessary.
BE IT FURTHER RESOLVED that the Council authorized the expenditure of not to exceed $13,000 for traffic calming measures on Sweeten Creek Road.
This the 26th day of August, 2002.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ENACT O-4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2002-08-26/0-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:
“Through Streets Stop Streets
Sweeten
Creek Road
Amesbury lane
Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:
“Intersection(s)
Sweeten Creek Road and Amesbury Lane
Section 3. This ordinance shall become effective October 1, 2002.
This the 26th day of August, 2002.
b. Proposed Traffic-Calming Devices on Perry Creek Drive and Chippoaks Drive in the Springcrest Neighborhood.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-12. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE INSTALLATION OF CERTAIN TRAFFIC CALMING MEASURES ON PERRY CREEK DRIVE AND CHIPPOAKS DRIVE IN CHAPEL HILL (2002-08-26/R-12)
WHEREAS, the Council of the Town of Chapel Hill is concerned about vehicular and non-vehicular safety and mobility on Town streets; and
WHEREAS, the Council has received a petition from the Springcrest Neighborhood and a report from Town staff about proposed traffic calming measures on Perry Creek Drive and Chippoaks Drive;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the following traffic calming measures Perry Creek Drive and Chippoaks Drive:
2) Multi-way stop signs at the intersection of Perry Creek Drive and Silver Creek Trail
2) Three speed humps on Perry Creek Drive and One speed hump on Chippoaks Drive
BE IT FURTHER RESOLVED that the Council authorizes the expenditure of not to exceed $10,500 for traffic calming measures on Perry Creek Drive and Chippoaks Drive. Silver Creek Trail.
This the 26th day of August, 2002.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ENACT O-5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2002-08-26/0-5)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:
“Through Streets Stop Streets
Perry
Creek Drive
Silver Creek Trial
Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:
“Intersection(s)
Perry Creek Drive and Silver Creek Trail
Section 3. This ordinance shall become effective October 1, 2002.
This the 26th day of August, 2002.
c. Proposed Traffic-Calming Devices on Highgrove Drive and Gardner Circle in Culbreth Ridge Neighborhood.
Council Member Kleinschmidt asked who was responsible for school crossing guards. Mr. Horton replied that the Town provided them wherever the School System was willing to pay for them. Council Member Kleinschmidt asked if the Town could ask the School Board to do so. Mr. Horton replied that the staff would be glad to do that if the Council wishes.
Ms. Van Dame explained that her Association had talked with Culbreth Middle School about a possible crossing guard for that area and was told that there was no funding for it at this time.
Mayor Foy suggested that Council Member Kleinschmidt offer that as a resolution after the Council votes on R-13.
Council Member Strom asked Mr. Neppalli why some requests for signs had not been included in the staff's recommendation. Mr. Neppalli replied that there were only five houses accessing Hanser Court, which would generate a maximum of twenty trips a day. He added that it did not seem safe to stop on Gardner Circle, where the street is hilly, and that installing multi-way stop signs would increase violations and certain types of accidents.
Council Member Strom asked for an opinion of the signs that Ms. Van Dame had presented tonight. Mr. Neppalli replied that such signs had been shown in studies to be very effective in a campus area. But the staff had not yet installed them on public streets, he said, although there were some in parking lots. Mr. Neppalli explained that maintenance of the signs would be expensive and that it would cost $300 to $500 to install them. Mr. Horton recommended that the Council, if interested, allow the staff to do some research on the utility, cost, and maintenance of such signs.
Council Member Harrison proposed that the Council have a stand-alone discussion on traffic calming. Mr. Horton suggested that the staff reissue the collection of materials that they had developed about traffic-calming devices as well as the policies that the Council had once considered. Council Member Harrison expressed an interest in seeing that.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE INSTALLATION OF CERTAIN TRAFFIC CALMING MEASURES ON HIGHGROVE DRIVE AND GARDNER CIRCLE IN CHAPEL HILL (2002-08-26/R-13)
WHEREAS, the Council of the Town of Chapel Hill is concerned about vehicular and non-vehicular safety and mobility on Town streets; and
WHEREAS, the Council has received a petition from the Culbreth Ridge Homeowners’ Association and a report from Town staff about proposed traffic calming measures on Highgrove Drive and Gardner Circle;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the installation of the following traffic calming measures on Highgrove Drive and Gardner Circle:
1) One speed hump on Highgrove Drive
2) One speed hump on Gardner Circle
BE IT FURTHER RESOLVED that the Council authorizes the expenditure of not to exceed $5,000 for traffic calming devices on Highgrove Drive and Gardner Circle.
This the 26th day of August, 2002.
Council Member Strom requested a report from the staff on the cost, utility and effectiveness of signs such as those presented by Ms. Van Dame tonight.
Mayor Foy added that it would also be useful to know whether the staff would recommend a pilot project somewhere in Town.
d. Proposed Traffic-Calming Devices on Ashley Forest Road.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION AUTHORIZING THE INSTALLATION OF A SPEED HUMP ON ASHLEY FOREST ROAD IN CHAPEL HILL (2002-08-26/R-14)
WHEREAS, the Council of the Town of Chapel Hill is concerned about vehicular and non-vehicular safety and mobility on Town streets; and
WHEREAS, the Council has received a petition from the Ashley Forest Owner’s Association and a report from Town staff about proposed traffic calming measures on Ashley Forest Road;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the installation of one speed hump on Ashley Forest Road.
BE IT FURTHER RESOLVED that the Council authorizes the expenditure of not to exceed $2,500 for traffic calming measures Ashley Forest Road.
This the 26th day of August, 2002.
e. Report on Traffic Calming and Neighborhood Financial Contributions.
Mayor Foy explained that this item was a potential request to the Attorney for further information on developing a policy for contributions from neighborhoods or assessments for traffic-calming improvements. He noted that the Attorney's report pointed out that the Town has and uses its authority to assess for sidewalks and roads but has no policy in place for traffic calming. Mayor Foy asked if there was sentiment on the Council to develop such a policy within the next six months or so.
Council Member Kleinschmidt pointed out that the Ashley Creek neighborhood had not been able to contribute financially to traffic calming. He argued that traffic calming is of such wide community interest that the Town should just pay for those improvements. Council Member Kleinschmidt said that he had no interest in discussing how to charge people for these devices, adding that such a policy would lead to some not getting improvements at all. Since this is an issue of child safety, Council Member Kleinschmidt said, there should be a Town-wide commitment to it.
Mayor Foy argued that Council Member Kleinschmidt's premise was wrong. Landowners would pay based on their assessed value, he said, with the Town picking up a portion. Mayor Foy said that the Town would never be able to fund traffic-calming devices all over Town, noting that it had not even been able to get sidewalks in place. He described this proposal as a way to accelerate the process.
Council Member Strom agreed with Council Member Kleinschmidt, adding that street paving does not address a specific safety issue in the way that traffic-claming does. He agreed that the Attorney and staff should not work to develop this information.
Mayor pro tem Evans expressed concern about the possible proliferation of speed bumps in every neighborhood. She recommended that the Council discuss this as a policy issue rather than piecemeal as they were doing. Mayor pro tem Evans spoke in favor of allowing people to pay for speed bumps. She suggested having Council members discuss that in detail later at a later time.
Council Member Kleinschmidt said he would agree with Mayor pro tem Evans' analysis if the Council assumes that speed bumps are not an issue of whole community interest. He argued that speed humps and paved streets benefit property in different ways and require different approaches. Speed humps affect the quality of daily life, he said, for those who might not own homes and do not have influence over neighborhood policy. Council Member Kleinschmidt pointed out that the issue of paved streets is different. Homeowners have much more interest in getting their road paved because of the development opportunities, he said.
Council Member Verkerk noted that neighborhoods that have more empowered people seem to get their needs and agendas before boards more quickly than others do. She agreed with Council Members Kleinschmidt and Strom that the opportunity should be made even for all neighborhoods. Council Member Verkerk stated, though, that she understood Mayor Foy's argument that the more money they can generate from neighborhoods the more they can apply to the solution.
Mayor Foy pointed out that tonight's meeting was demonstrative. He said that $44,000 had been found at the end of the budget because enough people had come forward and said that they wanted traffic-calming devices placed in their neighborhoods. Having this other tool available, he said, would be to the benefit of all neighborhoods.
Council Member Ward expressed support for getting more information from the Town Attorney. He agreed with Mayor Foy that there might be a way to create greater funding for traffic calming. Council Member Ward stated that future Council's would want to be able to approach these things evenhandedly.
Council Member Wiggins also agreed with Mayor Foy's suggestion to get more information from the Attorney. She said that she would like to develop a tool that could be used in some cases and in some neighborhoods, and not in others. Council Member Wiggins pointed out that the Town also had issues about spreading taxpayers' money around equitably. Some neighborhoods have sewers, she said, while other less affluent ones do not.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO HAVE THE STAFF DEVELOP A POLICY AND A PROCESS FOR IMPLEMENTING THE PETITION ASSESSMENT PROCESS FOR TRAFFIC CALMING. THE MOTION WAS ADOPTED (6-3), WITH COUNCIL MEMBERS STROM, VERKERK AND KLEINSCHMIDT VOTING NAY.
Council Member Verkerk clarified with Mr. Horton that crossing guards were paid for by the School System.
COUNCIL MEMBER KLEINSCHMIDT MOVED THAT THE SCHOOL SYSTEM PROVIDE FUNDING FOR A CROSSING GUARD AT HIGH GROVE ROAD AND GARDNER CIRCLE.
Council Member Verkerk proposed notifying school officials about the problem of speeding school buses, and offered that as a friendly amendment, which was accepted.
Council Member Bateman asked that the amendment be withdrawn because she had not personally perceived the problem.
Mayor Foy suggested inquiring instead about the School System's method for monitoring bus speeds, and Council Member Verkerk changed her amendment accordingly.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO REQUEST THAT A CROSSING GUARD BE PROVIDED ON HIGH GROVE ROAD, AS AMENDED, TO REQUEST INFORMATION FROM SCHOOL OFFICIALS ON HOW THEY MONITOR BUS SPEED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Council Member Ward asked for a clearer distinction when this comes back of the difference between a speed hump, a speed bump and a speed table, including the pros and cons. He also requested a more detailed explanation of the street width criteria. Further, Council Member Ward asked that these devices not make it more difficult for bicyclists. Mr. Horton replied that such issues had been researched and that the staff would be glad to present a report.
Item 7 - Special Use Permit Application and Zoning Atlas Amendment for
Rosemary Street Mixed Use Development
7 a. Continuation of Public Hearing on Zoning Atlas Amendment for Rosemary Street Mixed Use Development.
Planning Director Roger Waldon made a combined presentation on the two applications for this mixed-use development. The first was a report that the Council could rezone a small portion of land from Residential-3 to Town Center-2 Conditional. On that, he said, the staff had recommended approval. Regarding the SUP application for a four-story, mixed-use development, Mr. Waldon noted that three issues had come up at previous hearings. The applicant would address those issues (height, parking, and affordable housing) at tonight's meeting, he said. Mr. Waldon presented slides that showed the proposed building's height from three different vantage points. He stated that the Manager's recommendation was R-A. .
Landscape Architect Dan Jewell, representing the applicant, Tom Tucker, displayed a three-dimensional realization of what the building would look like in its proposed location on West Rosemary Street. He expressed agreement with Resolution A, but offered two points of clarification:
1. Stipulations 217-33 on page 16 of Resolution A refer to rental affordable housing. Mr. Jewell said that it had previously been agreed that the affordable units would be for rent and for sale. The applicant had developed some additional language, he said, that would allow buying as well as renting, much like is done at the Homestead Development.
2. Mr. Jewell said that the application had been for 42 units, down from the original 52, but that the Manager was recommending 39 units. He explained that dropping down to 39 units would mean that units would have to be bigger so that the developer could offset the cost of the affordable units. Mr. Jewell stressed that there was enough parking on site for 42 units. He pointed out that each unit in this building would mean one less in the suburbs, from where people must drive to get downtown.
Council Member Strom asked Mr. Waldon to comment on what Mr. Jewell had said about the sale of units. Mr. Waldon explained that the units in question were all affordable and that the staff had looked into how affordable ownership had been structured before and had found Homestead Development as an example. Mr. Waldon said that the applicant wanted the freedom to decide whether the units would be rented or owned. The staff wanted to ensure in both cases that the units would remain affordable over time, he said.
Council Member Strom commented that he thought the six affordable units had been earmarked specifically for the rental market, for Section 8 vouchers in particular. He asked what the staff had understood in that regard. Mr. Waldon replied that from the June public hearing until a few days ago the staff had assumed the units would be rental, but there had been discussions about selling them prior to that. From the Council's point of view, Mr. Waldon said, the discussion had been about rental units. Mr. Waldon stated that if the Council wanted to keep that focus then adopting Resolution A would do so.
Council Member Verkerk noted that the objection to 42 units hinged on parking. She commented that it was contradictory to cut back on the number of units in a building that was built downtown on the premise that residents would not need cars. This is an experiment for the Town, she said, and urged Council members to go ahead and assume that some people will live there without a car.
Mayor pro tem Evans agreed with Council Member Verkerk, noting that there was an auto rental agency one a block away if residents needed a car. She praised the project in general and described it as an opportunity to do streetscape on the west end of Rosemary Street. Mayor pro tem Evans said that she would support a motion for 42 units.
Mayor Foy advised the Council to be extraordinarily sensitive to the surrounding neighborhood and to make a commitment that this experiment will not adversely affect a neighborhood that already experiences difficulties. He agreed that cutting back on units probably would not make much difference but asked Council members to be vigilant about how this get integrated into Northside over the long haul. Mayor Foy recommended being particularly sensitive to the issue of what happens when people park their cars in front of someone's house.
Council Member Ward noted that there had been some discussion about residential parking permits. He asked for a comment from the staff on how that would work and what the Town could do to address inappropriate use of parking at the Hargraves Center by residents of this facility. Council Member Ward also asked what the side facing Northside would look like.
Mr. Jewell replied that the backside of the building would be very similar to the front, with protruding balconies on the second and third floors breaking up the line.
Council Member Ward inquired about the separation between the closest Northside house and the back of the proposed building. Mr. Jewell displayed on a slide where the nearest house is, at about twenty feet from one corner. He explained that there would be a solid wooden fence there and landscape screening. Mr. Jewell stated that the landowner had been supportive and had given an easement to the developer. The developer, he said, planned to landscape a portion that neighbor's property.
Mr. Horton noted that the Council had in the past authorized parking restrictions that limit parking to neighborhood residents only. He said that this could be done for individual residences on a street and that it could be made impossible for anyone living in the building to get one of those permits. Regarding Hargraves, Mr. Horton noted that the Council owns that property and can regulate how it is used through tickets and towing. He said that the challenge would be to control the on-street parking. In the past, he said, such parking flares up as a problem when new people come to the area and test it.
Council Member Ward expressed support for the project with the caveat that Council members remain aware of the importance of enforcement. Mr. Horton noted that the Town receives a lot of help from citizens, particularly if someone illegally parks in front of their residence.
Mayor Foy asked the applicant if he would increase the number of affordable units to seven if Council members were willing to allow 42 units.
Mr. Jewell replied that Mr. Tucker felt that doing so would make the project financially difficult.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS TO ENACT O-6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE ROSEMARY STREET MIXED USE DEVELOPMENT (Chapel Hill Tax Map Number 85, Block A, Lot 9) (2002-08-26/O-6)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of Thomas Tucker to amend the Zoning Atlas to rezone the portion of the property described below from Residential-3 (R-3) to Town Center-2-Conditional (TC-2-C) zoning, and finds that the amendment is warranted, in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
SECTION I
That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 85, Block A, Lot 9, that is currently zoned Residential-3 (R-3), located at the northwest corner of the West Rosemary Street and Mitchell Lane intersection, shall be rezoned from Residential-3 (R-3) to Town Center-2-Conditional (TC-2-C) zoning.
That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 85, Block A, Lot 9, that is currently zoned Town Center-2 (TC-2) located at the northwest corner of the West Rosemary Street and Mitchell Lane intersection, shall remain unchanged with Town Center-2 (TC-2) zoning.
The description of the portions of this site to be rezoned are indicated on the attached map.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 26th day of August, 2002.
COUNCIL MEMBER STROM MOVED R-16A WITH THE NUMBER OF UNITS CHANGED TO 42.
Council Member Strom explained that he was deliberately moving the Manager's recommendation for rental units. Council Member Bateman added that the Council had always assumed they would be rental units because that meets a dire need in the community.
Council Member Wiggins asked whether Orange Community Housing and Land Trust (OCHLT) would own the units. Mr. Horton replied that the key issue is that the rental requirements established by the Council would have to be met. Mr. Waldon explained that there was no requirement that these units be owned by OCHLT.
Mayor Foy noted that the SUP, as written on page 16, requires that there will be restrictions on the property that ensure that the units remain affordable to low income tenants and that the system be approved by the Town Manager and OCHLT. Mr. Horton added that there would be no prohibition against Mr. Tucker selling the entire development to another person, or even to the OCHLT, but whoever owns it would have to meet these requirements.
THE MOTION TO ADOPT R-16A WAS SECONDED BY MAYOR PRO TEM EVANS, WITH THE NUMBER OF DWELLING UNITS AMENDED TO 42. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR ROSEMARY STREET MIXED-USE DEVELOPMENT (2002-08-26/R-16a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Thomas Tucker, on property identified as Chapel Hill Township Tax Map 85, Block A, Lots 5-9 and Chapel Hill Township Tax Map 92, Block E, Lot 27 (PIN Nos. 9788163854, 9788163767, 9788163751, 9788163708, 9788163759, and 9788058608), if developed according to the site plan dated 3/1/02 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 Rosemary Street Mixed-Use Development in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by August 26, 2004 (two years from the date of Council approval) and be completed by August 26, 2005 (three years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit authorizes construction of a mixed-use development consisting of a total of 53,856 square feet of floor area, specified as follows on the property identified as Chapel Hill Township Tax Map 85, Block A, Lots 5-9 (PIN Nos. 9788163854, 9788163767, 9788163751, 9788163708, and 9788163759):
Total # of Buildings: 4
Maximum Floor Area Total: 53,856 s.f.
Maximum # of Dwelling Units: 42
Maximum General Business or Convenience Business Use: 6,204 s.f. Maximum # of Off-Street Parking Spaces (Rosemary St. & Mitchell Lane): 45
Minimum # of Bicycle Parking Spaces: 72 (29 in racks outside)
Minimum Outdoor Space (s.f.): 40,575 s.f.
Minimum Livability Space (s.f.): 24,784 s.f.
This Special Use Permit authorizes construction of an off-site parking lot, consisting of no more than 16 parking spaces, on the property identified as Chapel Hill Township Tax Map 92, Block E, Lot 27 (PIN #9788058608) at 109 Merritt Mill Road, specified as follows:
 |
Maximum # of Off-Street Parking Spaces at 109 Merritt Mill Rd.: 16
Stipulations Related to Required Improvements
3. One-Way Internal Drive Aisle Exit: That the southern, one-way internal drive aisle, on the mixed-use portion of the development, shall be narrowed to a to 15 or 16 feet width, back of curb to back of curb, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
4. Stub-Out to Burnett Property: That a vehicular stub-out shall be provided to the adjacent Burnette property to the west, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
5. Cross-Access Easement: That a cross-access easement shall be recorded on a plat to facilitate future cross-access through the applicant’s mixed-use portion of the development to the adjacent Burnett Property, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
6. Rosemary Street Frontage Improvements: That the applicant shall provide a 6-foot wide concrete sidewalk, 6-foot wide amenity strip and 30-inch wide curb and gutter built to Town standards on the property’s Rosemary Street frontage in dedicated public right-of-way. That the applicant shall expand the Rosemary Street setback for the westernmost three or four units by shifting the building footprints an additional 4 to 6 feet further north. The final design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
7. Rosemary Street Right-Of-Way Dedication: That the applicant shall provide a recorded plat that dedicates public right-of-way for the 6-foot wide sidewalk, 6-foot wide planting strip and 30-inch wide curb and gutter, and additional street width, as specified in stipulation #6, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
8. Other Street Frontage Improvements: That the applicant shall provide planters and site furnishings where open space is available adjacent to the public sidewalk on Rosemary Street and Mitchell Lane, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
9. Amenity Strip Improvements: That the applicant shall provide Town standard benches, trash receptacles and bike racks in the amenity strip areas on Rosemary Street and Mitchell Lane subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
10. Bus-Stop Improvements Payment: That the applicant shall contribute $6,000 to the Town for potential bus-stop improvements, including a bench, trash can, information tube (for route maps), and a small shelter to be located on the Rosemary Street frontage of the site. Design subject to approval by the Town Manager. If the funds are not used within 3 years of the date of Special Use Permit approval for said improvements, the applicant can request the funds be returned.
11. Mitchell Lane Frontage Improvements: That the applicant shall provide a 5-foot wide concrete sidewalk, 5-foot wide amenity strip and 30-inch wide curb and gutter built to Town standards on the property’s Mitchell Lane frontage. The applicant shall construct a 5-foot sidewalk only, without the amenity strip, north of the northernmost access on Mitchell Lane, to minimize the impact on the nearby large oak tree. The final design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
12. Mitchell Lane Right-Of-Way Dedication: That the applicant shall provide a recorded plat that dedicates public right-of-way for the 5-foot wide sidewalk, 5-foot wide planting strip and 30-inch wide curb and gutter subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
13. Street Frontage Encroachment Agreement: That the applicant shall enter into an encroachment agreement with the Town for the balconies, lighting fixtures, or other above ground elements that are proposed to extend over the dedicated right-of-way. The encroachment agreement subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
14. Internal Sidewalks: That sidewalks internal to the site, built to Town standard, shall have a minimum width of 4 feet. The final design shall be subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
15. Passageway Width: That the width of the passageway between the building fronting on Rosemary Street and the building immediately north of it shall be increased to greater than 10 feet, to the extent feasible, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
16. Western Sidewalk Connection to Rosemary Street: That the applicant shall provide a 4-foot wide pedestrian sidewalk connection to Rosemary Street, built to Town standard with additional landscaping, between the western property line and the westernmost units. The final design shall be subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
17. Merritt Mill Road Right-Of-Way: That the applicant shall provide a recorded plat that dedicates one half of a 50-foot public right-of-way subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
18. Merritt Mill Road Off-site Parking Lot Completion: That the off-site parking lot at 109 Merritt Mill Road be completed prior to issuance of a Certificate of Occupancy for the mixed use part of the development proposal at West Rosemary Street and Mitchell Lane. The final design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
19. Merritt Mill Road Parking Lot Cross-Access Agreement: That the applicant shall provide access to the parking lot from the Rogers property to the south, or from Merritt Mill Road with a driveway that straddles the southern property line. That the applicant shall enter into a cross-access agreement with the adjacent property owner to accomplish one of these two scenarios. The final design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
20. Transportation Management Plan: That the applicant shall provide a Transportation Management Plan subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit. The Transportation Management Plan shall include:
· A maximum of 45 parking spaces on the mixed-use portion of the site, including 2 handicapped spaces;
· A maximum of 16 parking spaces at the Merritt Mill Road off-site parking lot for employees of the business/ convenience business uses;
· 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;
· Public transit incentives; and
· Other measures subject to approval by the Town Manager.
21. Handicapped Parking Spaces: That no less than two handicapped parking spaces shall be located at the Rosemary Street site and meet the minimum Town and State Building Code dimensional requirements.
22. Parking Space Elimination: That the applicant shall eliminate 3 proposed parallel parking spaces, adjacent to units 27 – 31, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
23. Bicycle Parking: That the applicant shall provide a total of 72 covered bicycle parking spaces; 43 bicycle spaces shall be designed to Class I standards and 29 bicycle spaces shall be designed to Class II standards according to the Town Design Manual, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
24. Signal Retiming: That the applicant shall provide a $3,000 payment to retime traffic signals at the Columbia / Rosemary Street intersection, the Church / Rosemary Street intersection, and the Roberson / Rosemary Street intersection, prior to issuance of a Zoning Compliance Permit.
25. Intersection Improvements: That the applicant will provide a payment, proportional to traffic impact (payment shall not exceed $15,000) to improve the Columbia/Rosemary Street intersection with protected left turn traffic signal phasing and 12-inch signal heads, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
26. Payment-In-Lieu for Recreation Space: That the applicant shall provide a payment-in-lieu of the required 5,050 square feet of recreation space, to be calculated according to Section 13.7.10 of the Development Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. That funds shall be used entirely for Hargraves Park recreation projects.
27. Provision of Affordable Housing: That the applicant shall provide 15% (6) affordable rental dwelling units on-site that vary in size from 800 to 1,400 square feet. The units shall be located throughout the development, dispersed among the market units, and shall reflect the size distribution of the market units.
28. Affordable Housing Eligibility: That eligible renters for affordable dwelling units shall include families earning 80% or less of median 3-person family income for the Raleigh-Durham-Chapel Metropolitan Statistical Area (MSA). Section 8 vouchers will be accepted for these units.
29. Affordable Housing Rental Rates: Rental rates shall not exceed current Section 8 Fair Market rents (including utilities) as published by the U.S. Department of Housing and Urban Development, according to the number of bedrooms in each unit (e.g. 2002 rate: 2 bedroom unit, $777/month).
30. Affordable Housing Marketing: That the owner and management company enter into a “good faith” marketing agreement to ensure that the affordable units are rented to eligible low-income renters. The owner shall work with local non-profit low income housing organizations to advertise affordable units and recruit eligible renters.
31. Affordable Housing-Rental Unit Exception: The recorded deed restrictions shall include a provision that if after working with local non-profits, owner/management company are unable to recruit eligible renters, they may rent such units to other renters without restrictions for up to 12 months, if written authorization is provided in advance for such rental units from Orange Community Housing and Land Trust and approved the Town of Chapel Hill.
32. Affordable Housing Maintenance of Affordability Over Time: That the applicant shall record deed restrictions to ensure that the affordable units remain affordable in perpetuity to low income tenants, to be approved by the Town Manager and the Orange Community Housing and Land Trust, prior to the issuance of a Zoning Compliance Permit.
33. Completion of Affordable Housing: That no Certificates of Occupancy shall be issued for any units in the development until all required affordable units are available for occupancy.
Stipulations Related to Landscape Elements
34. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be prepared for the site including the plantings proposed in the public right-of-way. The plan shall be subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
35. Landscape Protection Plan: That a detailed Landscape Protection Plan be prepared, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes. The plan shall be subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
36. Street Trees: That applicant shall provide a recorded encroachment agreement with the Town providing that the applicant will be responsible for long-term maintenance of the proposed street trees and vaults, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
37. Tree Preservation in Mixed-Use Portion of Development: That the applicant preserve the two 24-inch Oak trees located along the northern property line, adjacent to 207 Mitchell Lane. That the applicant shall indicate the critical root zones on plans, provide tree protection fencing, and not perform any land disturbing activity in the trees’ critical root zone areas.
38. Landscape Buffers in Mixed-Use Portion of Development: That the applicant provide the following landscape buffers:
Bufferyard Summary
|
Bufferyard Location |
Bufferyard |
|
Northern Border between proposed TC-2-C and existing R-3 |
10 ft. Type ‘B’ Buffer, with off-site enhancements* |
|
Western, Southern and Eastern Borders between TC-2 to TC-2 |
Landscaping along Rosemary St. & Mitchell Lane frontages, as well as two 20 ft. segments of western property line, as identified on the approved plans. |
*Ten-foot wide off-site landscape and grading easement to be provided with 6-foot high wooden fence and a 10-foot wide landscaped bufferyard on-site, beginning at the northwestern most corner of the site, running approximately 250 linear feet to the east, north-east.
This approval does not authorize alternative buffers. The off-site landscape easement shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
39. Off-site Parking Lot Landscape Protection Plan: That the applicant shall prepare a Landscape Protection Plan for the off-site parking lot at 109 Merritt Mill Road subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
40. Off-site Parking Lot Tree Preservation: That the applicant shall preserve the two 30-inch Oak trees along the frontage at the off-site parking lot at 109 Merritt Mill Road.
41. Off-site Parking Lot Landscape Requirements: That the applicant shall meet parking lot landscape screening requirements at 109 Merritt Mill Road as specified in Article 14 of the Development Ordinance by installing a low fence or wall along Merritt Mill Road rather than providing additional planted screening The final design shall be subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Utilities
42. 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.
43. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans.
Stipulations Related to Fire Protection/Fire Safety
44. Fire Flow: That a fire flow report shall be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, shall be subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
45. Sprinkler System: That the buildings shall have sprinkler systems in accordance with the Town Code, shall be subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
46. Fire Hydrant Location: That all new structures shall be located within 500 feet of a fire hydrant, shall be subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
47. Fire Department Connections: That fire department connections shall be no more than 50 feet from the hydrants and located on street side of buildings in visible, accessible locations, subject to Town Fire Marshall approval.
Stipulations Related to Refuse and Recycling Collection
48. 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 subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
49. Solid Waste and Recycling Facilities: That the applicant shall site solid waste and recycling facilities near the end of the western end northern drive aisle at the along the property line adjacent to the Burnette property, shall be subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
50. Vertical Clearances: That the applicant shall clearly specify vertical “tunnel” clearances over driveways to provide for safe refuse and emergency vehicle circulation, shall be subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
51. Pre-construction Conference: That the applicant shall hold a pre-construction conference with Orange County Solid Waste staff prior to any construction activity on the site. A note indicating such shall be included on final plans.
Miscellaneous Stipulations
52. Building Envelope Identification: That the applicant shall comply with Town height and setback regulations. The Final Plans shall identify the building envelope with building elevations (primary and secondary height limits) permitted by Sections 13.9 and 13.11.1 of the Development Ordinance in the Town Center-2 (TC-2) zoning district, prior to the issuance of a Zoning Compliance Permit.
53. Recorded Recombination Plat: That a recorded recombination plat, subject to Town Manager approval, shall be provided prior to the issuance of a Zoning Compliance Permit.
54. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations and the lighting plan for the both portions of the development, prior to the issuance of a Zoning Compliance Permit.
55. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The facility design shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. The engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.
56. Stormwater Best Management Practices: That the applicant shall provide a Best Management Practice for detention and water quality enhancement, such as an underground physical treatment system with a sand or gravel matrix, or alternative system, shall be subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
57. Stormwater Operations and Management Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. That the plan shall include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager.
58. Off-site Stormwater Conveyance: That the applicant shall provide information regarding the capacity and condition of the downstream stormwater conveyance system. That the applicant shall be required to improve off-site stormwater drainage facilities to mitigate this impact if the existing downstream conveyance system cannot accommodate runoff from the proposed development and shall be subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
59. Stormwater Drainageway Easement: That all on-site stormwater facilities shall be located within a stormwater drainageway easement as required by the Town Manager.
60. 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.
61. 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.
62. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, shall 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.
63. Open Burning: That no open burning shall be permitted during the construction of this development.
64. Silt Control: That the applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
65. Construction Sign Required: That the applicant shall 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.
66. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
67. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHRE RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Rosemary Street Mixed-Use Development.
This the 26th day of August, 2002.
Item 8 - Special Use Permit Modification for Delta Upsilon Fraternity
Mr. Waldon explained that the proposed application would:
- Reduce 1979 SUP Boundary.
2. Remove the Dey House from fraternity use.
3. Replace the Bain House with a 9,691 square foot two-story fraternity.
Mr. Waldon outlined the key issues:
· Request for Modification of Regulation, mostly regarding parking
· Treatment of sidewalk on East Rosemary Street. Brick or Chapel Hill gravel?
Mr. Waldon stated that the staff's recommendation was for approval of Resolution A.
Architect John Ramsey, speaking for the applicant, argued that Chapel Hill gravel was more appropriate for this site, and safer. He explained fairness and cost were the issues. Since the property will be sold, Mr. Ramsey explained, it does not seem fair to expect the fraternity to build expensive sidewalks. He also noted that the Historic District Commission and the Historical Society had recommended gravel. Mr. Ramsey asked the Council to approve Resolution A, but with Chapel Hill gravel.
Dee Lowdermilk, President of the Housing Corporation for the Alpha Delta Phi Sorority, stated that her sorority is located on Rosemary Street with a brick walkway. She said that the ADP Housing Corporation supported Delta Upsilon's renovation and would sign any agreement necessary to go forward with the project. She also said that they would be willing to make any changes that they need to make with their property to accommodate this.
Jean Wiester, whose house has two sides bordering the fraternity, expressed appreciation for what the DUs were trying to do. She expressed full agreement with Chapel Hill gravel. Making the Dey House a single-family house would enhance the neighborhood, Ms. Wiester said, adding that the neighborhood was very happy about the entire project.
Diane Lea, Chair of the Preservation Society of Chapel Hill Properties Committee, expressed support for the use of Chapel Hill gravel. She objected to the requirement for a brick sidewalk, she said, because it would not be in keeping with the majority of the streetscape in the Historic District. Ms. Lea noted that two features were part of that unique neighborhood: Chapel Hill gravel and tree canopy. She said that brick sidewalks cause environmental damage and are a hazard to existing trees. Ms. Lea added that the Preservation Society was pleased with the DU's plans for the two houses.
Council Member Harrison referred to the staff report, which said that gravel erodes and washes into the street, causing difficulty for bicyclists. He suggested leaving the brick sidewalk, with breaks around the trees, on the Town's priority list as something the Town might do in the future with CIP funds.
Council Member Ward, noting that he serves as a kind of Bike and Pedestrian committee liaison, recommended leaving Chapel Hill gravel if that's what the neighborhood wants and crossing the issue off the list.
Mayor pro tem Evans praised the Manager's recommendation to have the Historic District Commission issue a Certificate of Appropriateness for a brick sidewalk. She described this as a "masterful job" by the Manager of keeping policy but allowing the interests of the neighborhood to prevail.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-17A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE DELTA UPSILON FRATERNITY (2002-08-26/R-17a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by John Ramsay on property identified as Chapel Hill Township Tax Map 79, Block E, Lots 19 and 20 (PIN#’ 9788-58-2507 and 9788-58-2695), if developed according to the site plan dated May 1, 2002, and the revised Special Use Permit boundary as shown by the proposed property lines on the Recombination Plat of the Property of NC Delta Upsilon FD, dated May 21, 2002 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 by the Council finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:
1. Modification of Subsection 13.11.1 Use Group B, of the Development Ordinance to allow a total of 9,694 square feet of floor area on the fraternity portion of the site.
2. Modification of Subsection 14.12 to allow the existing landscape bufferyard on the east property line in lieu of the required landscape bufferyard.
3. Modification of Subsection 14.6.6 (a) to allow impervious surface areas, instead of a five-foot landscape strip along, the east, north and portion of the west exterior walls of the house.
4. Modification of Subsection 14.6.7 to allow 23 or less off-street parking spaces instead of the required minimum 29 parking spaces.
Said public purposes being that (1) the proposed fraternity and ordinance mandated sprinkler system, is a preferred use to a use in which a sprinkler system is not required, (2) the development of a structure that provides needed student housing close to campus, and (3) the provision of an architecturally integrated structure that better reflects the character of the Franklin/Rosemary Historic District as a whole, and offers an opportunity for preservation of the Dey House.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Delta Upsilon Fraternity House in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begins by August 26, 2004 (2 years from the date of approval) and is completed by August 26, 2005 (3 years from the date of approval).
2. Alteration of the 1979 Special Use Permit Modification Boundary: That the 1979 Special Use Permit Modification boundary shall be altered to exclude the 11,276 square foot parcel (shown as Lot 1 on the Recombination Plat of the Property of NC Delta Upsilon FD, dated May 21, 2002) located at the northeast corner of East Rosemary Street and Hillsborough Street. That the net land area of the new Special Use Permit Modification boundary for the Delta Upsilon Fraternity would be 24,722 square feet.
3. Extension of the Special Use Permit Boundary to Hillsborough Street: That the Special Use Permit Boundary shall be extended to Hillsborough Street in order to accommodate the installation of a new sewer line between the proposed fraternity and the sewer main in Hillsborough Street. The boundary shall be extended as shown on the Recombination Plat of the Property of NC Delta Upsilon FD, dated May 21, 2002.
4. Use and Maintenance Easement for Adjoining Property Owner (Dey House): The prior to the issuance of a Zoning Compliance Permit the applicant shall submit, for review and approval by the Town Manager, an ingress, egress and maintenance easement across that portion of the fraternity property located behind the Dey House. That the easement shall permit the owner(s) of Lot 1, as shown on the Recombination Plat of the Property of NC Delta Upsilon FD, dated May 21, 2002, the right to use and maintain the 10 foot wide by 94.74 foot long portion of the property as shown on Attachment 17.
5. Land Use Intensity: This Special Use Permit Modification authorizes the construction of a fraternity , the abandonment of the fraternity use of the Dey House and land use intensity requirements as specified below:
|
Land Use Intensity |
Delta Upsilon |
|
|
|
|
Net Land Area |
24,722 sq ft |
|
Total # of Buildings |
1 |
|
Maximum # of Bedrooms |
29 |
|
Maximum Floor Area |
9,694 sq ft |
|
Minimum Outdoor Space |
23,400 sq ft |
|
Minimum Livability Space |
11,122 sq ft |
|
Minimum Recreation Space |
N/A |
|
Maximum # of Parking Spaces |
23* |
|
Minimum # of Bicycle Spaces |
32 |
*At the request of the applicant, the Town Manager may approve a reduction in the minimum number of parking spaces.
6. East Rosemary Street Sidewalk: That the applicant shall install a five-foot wide brick sidewalk along the East Rosemary Street frontage of the two lots. Where necessary, sections of the existing Chapel Hill gravel sidewalk shall be retained in order to minimize disruption to the root systems of the three existing street trees. The final location and design of the sidewalk shall be reviewed and approved by the Town Manager.
7. Historic District Commission Approval of Sidewalk: That, prior to the issuance of a Zoning Compliance Permit, the applicant must submit a Certificate of Appropriateness for the brick sidewalk along the East Rosemary Street frontage of the two lots. If an alternative sidewalk material or design is approved by the Historic District Commission, the alternative material shall be permitted in lieu of the stipulated brick sidewalk. The final sidewalk material and design shall be reviewed and approved by the Town Manager
Stipulations Related to Access and Circulation
8. East Rosemary Street Curb Cut: That the East Rosemary Street driveway entrance be constructed to Town Standard, including concrete flare-type driveway entrance with a minimum width of 18 feet.
9. East Rosemary Street Driveway: That, in order to preserve the existing trees along the east property line, the drive aisle along the eastern property line may be decreased to a minimum width of 15 feet in order to eliminate the need to remove the trees and construct a retaining wall.
10. Parking Lots: That all parking lots, drive aisles and parking spaces associated with the proposed development shall be constructed to Town standards.
11. Bicycle Parking: That the development comply with the Town’s Design Manual for bicycle parking standards as follows:
|
Total Number or Required Spaces |
32 |
|
Number of Class I Spaces (Garage or secure indoor areas) |
29 |
|
Number of Class II Spaces (Stationary rack) |
3 |
Stipulations Related to Landscape and Architectural Elements
12. Required Landscape Bufferyard: That, unless alternate bufferyards are proposed, and the Historic District Commission approves said alternate bufferyards, the following landscape buffers are required:
|
Location of Bufferyard |
Type of Buffer Required |
|
|
|
|
North and proposed West property lines |
Minimum 10’ Type ‘B’ Buffer |
|
South property line |
Minimum 20’ Type ‘C’ Buffer |
13. Landscape Protection Plan: That a detailed landscape protection plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include a detail of protective fencing; and construction parking and materials staging/storage areas. This plan shall also indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed. This plan shall also included, when appropriate, tree protection fencing associated with the installation of the sewer line between Hillsborough Street and the proposed fraternity.
14. Landscape Plan Approval: That detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the landscape plan shall indicate the size, type, and location of all proposed plantings.
15. Parking Lot Screening: That all parking areas shall be screened from view. The screening plans shall be approval by the Town Manager.
16. Historic District Commission Approval: That the Historic District Commission shall approve alternative bufferyards, building elevations, hardscape, lighting plans and the East Rosemary Street sidewalk. That the applicant must submit a Certificate of Appropriate from the Historic District Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related To Stormwater Management
17. Stormwater Drainage Plan: That a Stormwater Drainage Plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance.
Stipulations Related to Refuse and Recycling Collection
18. 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. That this plan and the final plan sheets must include a note stating: “The Town may suspend refuse collection services if traffic conflicts, parked cars or other obstructions limit or prohibit service vehicle access to the refuse collection facility.”
19. Approval of Shared-Container and Joint Access Agreements: That a shared-container and joint access and construction agreement shall be provided between this property owner and the adjacent Alpha Delta Pi Sorority property owner. The agreement shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and, that copies of the agreement shall be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
20. Heavy Duty Pavement: That all drive aisles needed to access refuse containers shall be constructed of heavy duty pavement. The final plans must include a detail of this pavement section. It will also be necessary to include the following note on the final plan: “The Town of Chapel Hill, its’ assigns or Orange County shall not be responsible for any pavement damage that may result from service vehicles.”
21. Overhead Utility Wires: That the final plan confirm that no overhead obstruction or utility wires will interfere with service vehicle access or operation.
Stipulations Related to Utilities
22. Sewer Line Installation to Hillsborough Street: That the amount of damage to the existing fence along the north property line and the impact to the adjacent trees shall be minimized during the installation of the sewer line between Hillsborough Street and the proposed fraternity. That any portion or section fence damaged during said construction shall be repaired or replaced. That were practical, the installation of the sewer line shall be located as far away as possible to minimize impact to the root systems of the existing trees.
23. 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. That the final plans demonstrate there is no conflict between utility lines, easements, and other site elements.
24. Utility Lines: That except for existing 3-phase electric utility lines, all existing and proposed utility lines shall be underground and shall be indicated on final plans.
Stipulations Related to Fire Protection/Fire Safety
25. 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.
26. Sprinkler System: That the new building shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.
27. Sprinkler System Connections: That a Fire Department sprinkler system connection shall be provided on the East Rosemary Street side of the building, and approved by the Town Manager, prior to the issuance of a Building Permit.
28. Fire Hydrant: That a fire hydrant be provided within 50 feet of the Fire Department sprinkler system connection, subject to Town Manager approval. The final location to be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Miscellaneous Stipulations
29. 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 plans and plat.
30. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater drainage plan, 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.
31. 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, if necessary, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.
32. Silt Control: That the developer shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
33. Construction Sign Required: That the developer shall 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.
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 Modification for the Delta Upsilon Fraternity House.
This the 26th day of August, 2002.
Item 9 - Special Use Permit Application for the Paul J. Rizzo
Conference Center at Meadowmont
Mr. Waldon explained that building elevations was the key issue that the Council had discussed in June. He said that the applicant had been responsive to these concerns and that the Community Design Commission had adjusted the design and the elevations. Mr. Waldon stated that the staff was enthusiastically recommending adoption of Resolution A.
Dave Stevens, from the Kenan-Flagler Business School, asked the Council to adopt Resolution A.
Mayor Foy verified with Mr. Horton that the only difference among the three proposed resolutions was whether the Town would issue 162 or 172 parking spaces.
Council Member Ward confirmed with Mr. Stevens that the covered bike parking area would be behind the Lowdermilk Building and the uncovered area would be by the Residents' Center.
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-6A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE PAUL J. RIZZO CONFERENCE CENTER AT MEADOWMONT (2002-08-26/R-6a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Planned Development – Office/Institutional Special Use Permit Modification application proposed by the University of North Carolina at Chapel Hill on property identified as Durham County Tax Map 479, Block 1, Lot 1, if developed according to the site plan dated March 21, 2002 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 Council hereby approves the application for a Special Use Permit Modification for the Paul J. Rizzo Conference Center at Meadowmont in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by August 26, 2012 (ten years from the date of Council approval) and be completed by August 26, 2014 (twelve years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit Modification authorizes a total of 160,236 square feet of floor area on site to include additions to Loudermilk Hall, the educational center, and McLean Hall, the residential center.
3. Parking: That a maximum of 172 parking spaces shall be permitted on this site with standard parking dimensions.
Stipulations Related to Transportation Issues
4. Parking Lot Sidewalk: That the sidewalk located on the northern edge of the proposed Phase II parking area be extended on its entire northern length and compliance with the Low Density Option of the Watershed Protection District can be maintained.
5. Bicycle: That 18 bicycle parking spaces be identified on the plans. Bicycle parking shall be in accordance with the Town’s Design Manual. Motorcycle parking shall also be identified on the plans.
6. Transportation Management Plan: That prior to issuance of a Certificate of Occupancy the applicant shall prepare and obtain Town Manager approval of a Transportation Management Plan. The required components of the Transportation Management Plan shall include:
· Quantifiable traffic reduction goals and objectives;
· Provisions for designation of a Transportation Coordinator;
· Provision for an annual Transportation Survey and Annual Report to the Town Manager;
· Ridesharing incentives; and
· Public transit incentives.
7. Town Standards: That all parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
Stipulations Related to State and Federal Government Approvals
8. That any required State or Federal permits or encroachment agreements, including approval from the State Historic Preservation Office, be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Landscape and Architecture
9. 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. If any of the existing vegetation is removed as a result of the proposed parking lot expansion on the southern border, supplemental plantings are required that would replace the vegetation removed. Supplemental plantings shall be subject to Town Manager approval.
|
Location of Bufferyard |
Type of Buffer Required by the Development Ordinance |
|
|
|
|
Eastern, Northern, and Western Border (residential) |
Minimum of 20’ Type ‘C’ Buffer |
|
Southern Border (future transit corridor) |
Minimum of 30’ Type ‘D’ Buffer |
10. Landscape Protection Plan: That tree protection fencing be installed adjacent to the construction limits of the proposed Phase II expansion and that the critical root zones of the 3 oak trees on the northern perimeter of the proposed parking area be shown and protected. Areas for construction staging, material storage, and construction parking shall also be indicated on the plans. These plans shall be approved by the Town Manager prior to issuance of the Zoning Compliance Permit.
11. Landscape and Shading Plan: A Landscape Plan and Shading Plan shall be submitted that demonstrates that the Phase II parking area will have 35% shade on noon August 21 when the vegetation matures.
12. Urban Forester Pre-Construction Conference: We recommend that prior to issuance of a Zoning Compliance Permit, a pre-construction conference be held with the Town’s Urban Forester.
13. Building Elevations: Detailed Building Elevations shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
14. Lighting Plan: A detailed Lighting Plan shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Environmental Issues
15. Stormwater Detention: That the plans show the maintenance access for the two stormwater detention basins to be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
16. Operations and Maintenance Plan: That all engineered structures have an Operations and Maintenance Plan with the Owner’s responsibility designated.
17. Erosion Control: That a soil erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and a copy of the approval be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.
18. Best Management Practices: That the applicant utilize Best Management Practices as approved by the NC Division of Water Quality and the Town Manager. These features shall not be permitted within approved bufferyard areas.
19. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall apply to the additional impervious surface which shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards. All stormwater management improvements outside public right-of-way must be located within storm drainageway easements and shall not be permitted within approved bufferyard areas.
20. Stormwater Drainage Hoods: Public and private stormwater drainage curb hood/covers shall be pre-cast stating, “Dump No Waste! Drains to Jordan Lake”, in accordance with the specifications of the Town Standard Detail SD-5A.
21. Watershed Protection District: The site is in the Town’s Watershed Protection District and as such is subject to density and/or impervious surface limitations. The developer is required to provide with final plans an impervious calculation sheet and an impervious surface monitoring plan to ensure that the development stays under the 24% threshold of the Watershed Protection District.
Stipulations Related to Utility and Service Issues
22. Utility Plans: That detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service, and the Town Manager prior to issuance of a Zoning Compliance Permit.
We recommend that the plans clearly locate and identify all existing and any future utility lines, including proposed electric, phone lines and three-phase power lines on the Site Plan.
23. Underground Utilities: That all utility lines, other than 3-phase electric power distribution lines, shall be placed underground.
24. Fire Department Connections: That all existing and proposed fire department connections and hydrants be located and shown on the plans prior to issuance of a Zoning Compliance Permit.
25. Fire Flow: That a fire flow report prepared by a registered professional engineer be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
26. Sprinkler System: That the education and residential buildings shall have a sprinkler system in accordance with Town Code.
27. Heavy-Duty Paving: That all drive aisles that provide access to the compactors, dumpsters or recycling facilities, be constructed with heavy-duty pavement.
Other Stipulations
28. Open Burning: That no open burning shall be permitted during construction of this development.
29. 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.
30. 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.
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 Building 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.
33. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
34. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURHTER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for The Paul J. Rizzo Conference Center at Meadowmont.
This the 26th day of August, 2002.
Item 10 - Follow-up Report on University Waste Sites
at the Horace Williams Property
Assistant to the Manager Bill Stockard made a brief presentation regarding the staff's ongoing research regarding two inactive waste sites on the Horace Williams property.
Mayor Foy explained that the Council had requested this information at the instigation of citizens and that much more information would be forthcoming. He said that he was particularly interested in how this site might qualify for Brownfields money, adding that some kind of federal assistance was the Town's best hope.
Council Member Harrison noted that there had been a Freedom of Information Act request sent to EPA just before the Council's July meeting. He asked Mr. Stockard if anything in the packet was a response to that. Mr. Stockard replied that the Town had not received anything in writing, only over the phone. Council Member Harrison asked if that meant the EPA was willing to do this over the phone. Mr. Stockard replied that was correct, but, the Town has not received anything in writing.
Council Member Ward asked what would happen if it is determined that the groundwater contamination has gone beyond UNC's property. He asked does the University buy more property so it stays on their property? Council Member Ward asked if that would be a trigger that is of significance? Mr. Stockard replied that he thought it could be a trigger. He added that it is difficult to create a trigger that would put the sites on a Superfund list, but not necessarily difficult to trigger a reassessment. That assessment would have to be done by the State, Mr. Stockard said, and by DENR first.
Council Member Ward noted that much had been made of the site not being on the Superfund list. He pointed out that this does not mean it is not a serious problem. Council Member Ward expressed hope that the University would not perpetuate that notion that this is not a serious problem that needs to be attended to promptly.
Council Member Strom thanked Mr. Stockard for the thorough report. He reminded the Council that they had also received a petition tonight from former Julie McClintock, which asks some very specific questions. Council Member Strom agreed with Council Member Ward that this ought to be on a priority list for UNC to clean up. He added that it should be a high priority because UNC's alumni, students, and community would want it that way. Council Member Strom added that it did not matter what list it was on, that it ought to be cleaned up. The argument that there is not enough money did not impress him, said Council Member Strom, since the University has over a billion-dollar endowment. He predicted that people who love the University and Town would support some leadership in moving towards applying some of those resources towards a clean up.
Council Member Strom listed five specific questions that he had regarding the timetable, which he described as "very difficult to pin down."
1) Is the Chancellor committed to cleaning up this toxic site during his tenure at UNC?
2) Does the language in the Chancellor's letter, concurrent with the planning of Carolina North, mean that the site will be cleaned up while Carolina North is being developed? Or, does it mean that the site will not be cleaned up if the roads, utilities and other structures can be sited without conflict with the site?
3) Is the Chancellor committed to cleaning up this site whether or not Carolina North is funded? In other words, can we hear a clear commitment to use University resources to do the right thing here?
4) Will cleanup of this site have to await completion of Carolina North? Or, will the costs of cleaning up this site be anticipated and included as a part of the Carolina North development costs?
5) Can the University give us a no-later-than date by which the toxic dump will be cleaned up regardless of whether plans for Carolina North are funded and come to fruition?
Council Member Ward commented on Attachment #10 of Agenda Item #10, with regard to the Town's Public Works underground fuel storage tanks. He noted that oil leakage out of fuel tanks on the Town's Public Works site seemed to have been made evident to the Town in the spring of 1998. Council Member Ward pointed out that it appears that the University only learned about their toxic leakage within the last four to six weeks. Council Member Ward asked Mr. Horton to correct him if he was wrong about this. Mr. Horton replied that he did not know whether that information was incorrect or not.
Council Member Ward said that the information he had was that the University had never been notified directly that this had happened. He pointed out that 860 tons of contaminated soil had been pulled out of that area and said that the Town should have notified the University that this had happened. Council Member Ward said he wanted to hold the Town to the same high standards that we hold the University to.
Mayor Foy explained that the Council was discussing waste from UNC’s Chemistry Department and from other departments at UNC, as well as the Hospital. The reason it is so expensive to clean it up, he said, is that nobody knows what is there. So it must be a very careful excavation of this half-acre site, he said, and the issue is money.
Mayor Foy suggested that the Council facilitate the University's efforts. The University might be prepared to present a timetable and to make a commitment, he said, and recommended asking that question explicitly. Mayor Foy also suggested that the Town apply for Brownfields money, lobby its elected representatives at the federal level, and make a commitment to finding the money for the cleanup. He pointed out that doing this will require more than one source of funding.
Mayor Foy advised Council members to move forward to engage the University in a discussion of whether it would be possible to set a timetable to get the site cleaned up by a certain period of time. He cautioned against having any illusions about getting it cleaned up in the next two years, however.
Mayor Foy asked Mr. Horton if he had a recommendation as to how the Council should proceed. Mr. Horton replied that the staff could follow up on all of the questions that the Council had raised and submit the appropriate ones to the University. The staff would then follow up on the other questions through its own continuing research with EPA and DENR, he said.
Mayor Foy proposed that the staff bring back a progress report by October. Mr. Horton said that seemed reasonable. Council members agreed that this was an acceptable way to proceed.
COUNCIL MEMBERS AGREED BY CONSENSUS TO REQUEST A FOLLOW-UP REPORT FROM THE STAFF IN OCTOBER.
Item 11 - Second Reading on Development Ordinance Text Amendment
regarding Non-Commercial Signage
Mayor Foy noted that the Council had act on a necessary ordinance during the last meeting and needed to vote on it again tonight.
COUNCIL MEMBER KLEINSCHMIDT MOVED O-7 AND COUNCIL MEMBER STROM SECONDED.
Mayor pro tem Evans commented that she wondered why the Council would want to authorize that signs can be placed a limited number of days before an election, and why people would want this type of ordinance. Mayor pro tem Evans said her conclusion was it was obviously in preparation for the next election, not this one, but the next one. She added that signs litter the roads and frequently have to be replaced because of vandalism and lawn-mowing. Mayor pro tem Evans said she believed that if this ordinance was enacted, the community would be asking for a change within the next year, because they would become tired of seeing the signs littering their neighborhood. Mayor pro tem Evans said that she would continue to vote against this ordinance.
Council Member Ward commented that the reasons Mayor pro tem Evans had given for not having signs are the very reasons that most people do not put them up ahead of time. He asked, though, how the Town could have no limits before the election but require signs to be removed seven days after the election. Council Member Ward suggested striking the removal part since it did not make sense.
In reply to the criticism that people would leave signs up all year round, Council Member Kleinschmidt argued that people would not take them down on the seventh day after an election and then put them back up again on the eighth.
Mayor Foy verified with Mr. Karpinos that there would be no time limit restrictions on non-political, non-commercial signs.
Council Member Harrison noted that Durham County allows them to stay up to the end of the filing period. Carrboro and Orange County, he said, have no time limit.
Council Member Bateman proposed amending O-7 by substituting the wording from Ordinance D regarding public right-of-way. Council Member Kleinschmidt refused that as a friendly amendment.
Mayor Foy explained that this ordinance would restrict signage in the public right-of-way to 45 days before an election and 12 days after. It would also allow unlimited signs on private property before an election that must be removed seven days after an election, he said. Council Member Ward repeated his view that removing the signs seven days after an election made no sense.
COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO AMEND O-7, RESTRICTING SIGNAGE IN THE PUBLIC RIGHT-OF-WAY TO 45 DAYS PRIOR TO THE ELECTION AND TWELVE DAYS AFTER THE ELECTION. THE MOTION TO AMEND WAS ADOPTED 5-4, WITH COUNCIL MEMBERS BATEMAN, VERKERK, FOY, EVANS AND WARD VOTING AYE AND COUNCIL MEMBERS KLEINSCHMIDT, STROM, WIGGINS AND HARRISON VOTING NAY.
Council Member Ward proposed a friendly amendment to remove the section saying that signs on private property must be removed within seven days after an election. Both Council Members Kleinschmidt and Strom said they would regard that as a friendly amendment even though they did not understand it. Council Member Ward removed his amendment.
Responding to Mayor pro tem Evans, Council Member Kleinschmidt stressed that his motivation had nothing to do with his own political ambitions. Rather, he said, it sprang from his desire to make Chapel Hill's sign ordinance in accord with the U.S. Constitution.
Mayor pro tem Evans spoke in favor of a having a "clean, aesthetically pleasing community." She said that this ordinance goes beyond the balance because there are no restrictions on size and number of signs. She pointed out that citizens will have no basis on which to object to a neighbor who litters his or her yard with signs.
Mayor Foy explained that he had voted against this before because of his concerns about the public right-of-way. But he planned to vote in favor of it this time, he said, because his concerns had been addressed.
COUNCIL MEMBER KLEINSCHMIDT MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ENACT ORDINANCE 7 AS AMENDED. THE MOTION WAS ADOPTED 8-1, WITH MAYOR PRO TEM EVANS VOTING NAY.
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE to lENGTHEN THE AMOUNT OF TIME AN ELECTION-RELATED POLITICAL SIGN CAN BE POSTED AND modify THE NUMBER OF SUCH SIGNS PERMITTED ON A ZONING LOT AND TO ADD RESTRICTIONS FOR NON-ELECTION, NON-COMMERCIAL SIGNAGE (2002-08-26/O-7)
WHEREAS, the Council of the Town of Chapel Hill received and considered a report from the Town Manager and the Town Attorney pertaining to non-commercial signs on private property; and
WHEREAS, the Town Council has considered the amendment to modify limits pertaining to time and number of signs per zoning lot and to clarify the applicability of these provisions to non-election, non-commercial signs, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Article 14.13.4 (h) of the Chapel Hill Development Ordinance is hereby amended to read as follows:
“h) Temporary political signs advertising candidates or issues, provided such signs do not exceed four (4) square feet in area per display surface, and provided that any such signs, on private property are removed within seven (7) days after the election; and provided further that any such signs in the public right-of-way are not erected prior to forty five (45) days before the date of the appropriate election and are moved within twelve (12) days after the election.”
Section 2. Article 14.13.4 of the Chapel Hill Development Ordinance is hereby amended by adding a new Subsection 14.13.2 (o) to read as follows:
“o) Non-commercial signs not covered by other exemptions listed in Subsection 14.13.4, provided such signs are located on private property and are non-illuminated.”
Section 3. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 4. That these amendments shall become effective upon adoption.
This the 26th day of August, 2002.
Item 12 - Weaver Dairy Road Report and Proposal
Mayor Foy proposed that this issue be brought forward for public comment. He urged the Council to come to a consensus about what they can support. He explained that the item would go to the NC Department of Transportation (NCDOT), which would consider whatever the Council asks for as part of its public hearing process in October. Mayor Foy requested that the Council adopt Resolution 19, which would call for a public forum on this proposal on September 9, 2002..
Mayor pro tem Evans asked if that was enough time for public notification. Mr. Horton replied that it was.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-19. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION SCHEDULING A PUBLIC FORUM TO DISCUSS AND RECEIVE COMMENTS REGARDING A PROPOSED THREE-LANE DESIGN FOR WEAVER DAIRY ROAD BETWEEN NC 86 AND ERWIN ROAD (2002-08-26/R-19)
WHEREAS, the Town and the State are not presently in agreement on the scope of improvements for Weaver Dairy Road between NC 86 and Erwin Road; and
WHEREAS, the Mayor established a committee to study improvement alternatives for Weaver Dairy Road with the intent of identifying an improvement plan that would be acceptable to both the Town and the State; and
WHEREAS, the Mayor’s Committee has developed a concept plan for a highly efficient three-lane cross section design that could meet most objectives of both the Town and the State for Weaver Dairy Road; and
WHEREAS, the Council wishes to discuss and receive public comment on the concept plan proposed by the Committee before taking further action;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council will hold a Public Forum on Monday, September 9, 2002 at 7:00 p.m. in the Council Chamber at Town Hall to receive citizens’ comments and to discuss the three-lane concept plan proposed by the Mayor’s Committee for Weaver Dairy Road.
This the 26th day of August, 2002.
Item 13 – Deleted from Agenda
Item 14 - Proposed Joint Planning Process with Durham City and County
Senior Long Range Planning Coordinator Chris Berndt explained that the Council had asked Durham and Durham County for this proposal in October 2001. She said that the proposal before the Council was the result of discussions by the Durham/Chapel Hill Work Group. Ms. Berndt noted that it was a key Council goal to strengthen the Town's joint planning process with Durham and Durham County. She explained that this would establish a joint courtesy review process.
Mayor Foy described the proposal as a good effort by Council Members Strom, Ward and Harrison. He said that the Town would be well served by some sort of cooperative agreement with Durham.
Council Member Harrison noted that there were five developments either in application or moving toward application in the area near his house. He pointed out that this resolution was a timely one because there would have to be stormwater coordination and detailed cooperation to get the Town's standards incorporated in that part of Town.
COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-21. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
A RESOLUTION ESTABLISHING THE INTENT OF DURHAM COUNTY, DURHAM CITY, AND THE TOWN OF CHAPEL HILL TO COOPERATE WITH REGARD TO PLANNING DECISIONS IN CERTAIN DEFINED AREAS (2002-08-26/R-21)
WHEREAS, the governing bodies of Durham County, NC; the City of Durham, NC; and the Town of Chapel Hill, NC desire to foster good relations; and
WHEREAS, all three governing bodies and their staffs wish to engage in a process of mutual dialogue to obtain a better understanding of the needs and goals of each community; and
WHEREAS, all three governing bodies seek to have appropriately planned development for their respective areas; and
WHEREAS, all three governing bodies currently carry out established public review processes on planning activities that provide an opportunity for public review and comment from citizens as well as from other jurisdictions; and
WHEREAS, all three governing bodies acknowledge the urbanization potential of properties near the Orange/Durham County line in the vicinity of Chapel Hill and consequently the need to coordinate land use and transportation, development, and service delivery issues that arise in this general vicinity; and
WHEREAS cooperation amongst neighboring jurisdictions will foster and maintain a system of sound land use planning and regulation which can be relied upon by the public and private owners of land as a basis for investment decisions, the protection of the environment, and a climate conducive to the healthy economic and social growth and development of the three jurisdictions;
NOW, THEREFORE, BE IT RESOLVED that:
1) The administrative staffs of each jurisdiction shall coordinate with each other on a timely basis within the current framework and schedule of the local development review process in order to provide an opportunity for review and comment on rezoning requests, special use permits, subdivisions, site plans, and annexations proposed for land within the Joint Review Area, near the Orange/Durham County line, as shown in Attachment A.
2) The administrative staffs of each jurisdiction shall pursue cooperative efforts to coordinate long-range plans and development regulations and provide an opportunity for review and comment on a timely basis and within the established project schedules for land within the Joint Review Area, near the Orange/Durham County line, as shown in Attachment A. The objectives of this cooperation are to:
a. Seek compatible uses of land and natural resources;
b. Achieve a smooth transition between areas of development within each jurisdiction;
c. Provide an appropriate entryway into each jurisdiction from the other; and
d. Encourage orderly development and the efficient delivery of urban services, which will maintain and enhance property values in each jurisdiction.
3) This resolution shall be effective upon its adoption by all of the above jurisdictions;
4) Any signatory jurisdiction may rescind their agreement with this resolution by subsequent resolution of its governing Board.
This the 26th day of August, 2002.
Item 15 - Proposed Calendar for Council Meetings through
December 2003, including the 21003-2004 Budget Process
Council Members agreed by consensus to defer this item to September 9th.
Item 16 - Appointments
1. Bicycle and Pedestrian Advisory Board. The Council appointed Wayne Pein.
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Council Members |
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Bicycle and Pedestrian Advisory Board Applicants |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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Cory Brooks |
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Jed Dube |
X |
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X |
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X |
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3 |
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Jessica Kem |
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-- |
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Christine Khoury |
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-- |
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Nancy Milio |
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-- |
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Claire Millar |
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-- |
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Wayne Pein |
|
X |
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X |
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X |
X |
X |
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5 |
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Brynda Smith |
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-- |
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Barry Starrfield |
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-- |
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Nathaniel Stookey |
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X |
1 |
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2. Chapel Hill Public Arts Commission. The Council appointed Betsy Bullen and Jeffrey Cohen.
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Council Members |
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Chapel Hill Public Arts Commission Applicants |
Foy |
Bateman |
Evans |
Harrison |
Kleinschmidt |
Strom |
Verkerk |
Ward |
Wiggins |
TOTAL |
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Betsy Bullen |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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Jeffrey Cohen |
X |
X |
X |
X |
X |
X |
X |
X |
X |
9 |
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The meeting adjourned at 10:51 p.m.