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TOWN OF CHAPEL HILL Town Council Business Meeting Town Hall Council Chamber 7:00 P.M., MARCH 11, 2013
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OPENING
1. State of the Town Address. (no attachment)
PRESENTER: Mark Kleinschmidt, Mayor
PETITIONS FROM THE PUBLIC Petitions will not be acted upon at the time they are presented. It shall take a unanimous vote of the Council members present for a petition to be acted upon immediately upon its presentation. After receiving a petition, the Council shall, by simple motion, dispose of it as follows: consideration at a future regular meeting of the Council; or referral to another board or committee for study and report; or referral to the Town Manager for investigation and report; or receive for information. (Receiving does not imply approval, agreement, or consent.)
ANNOUNCEMENTS BY COUNCIL MEMBERS
CONSENT Items of a routine nature will be placed on the Consent Agenda to be voted on in a block. Any item may be removed from the Consent Agenda by request of the Mayor or any Council Member.
2. Approve all Consent Agenda Items. (R -1)
3. Award Bid for Four Rear -Loading Refuse Cab and Chassis. (R -2)
4. Adopt the Resolution Supporting the Transportation Demand Management (TDM) Grant Application for FY 2013 -2014. (R -3)
5. Amend Town Regulations on Service of Alcoholic Beverages on Town Properties. (R -4)(O - 1)
DISCUSSION
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6. Consider Application for Special Use Permit - Ronald McDonald House Expansion, 101 Old Mason Farm Road. (R -5)(R -6)
PRESENTER: Megan Wooley, Housing and Neighborhood Services Planner II
Swearing of all persons wishing to present evidence
a. Without objection, the Manager's revised report and any other materials submitted at the hearing for consideration by the Council will be entered into the record b. Introduction and revised recommendation by the Manager c. Comments and questions from the Mayor and Town Council d. Motion to adjourn Public Hearing e. Motion to adopt Revised Resolution A to approve the Special Use Permit.
RECOMMENDATIONS: That the Council approve the Special Use Permit with the adoption of Revised Resolution A.
7. Consider Amending the Downtown Fire Limits and Applicable Restrictions. (O -2)
PRESENTER: Roger Stancil, Town Manager
RECOMMENDATIONS: That the Council enact the attached Ordinance amending the Town Code to change the geographical boundaries of the Town's Fire Limits, and to change the building restrictions within these districts to reflect and align with the State Building Code for construction within the fire limits.
8. Presentation: University of North Carolina at Chapel Hill Main Campus Development Report.
PRESENTER: Anna Wu, Assistant Vice-Chancellor for the University of North Carolina at Chapel Hill Melvin S. Hurston, Senior Vice President for Operations, UNC Health Care System
RECOMMENDATIONS: That the Council receive this report.
9. 2012 University of North Carolina Annual Development Plan Report on Transportation.
PRESENTER: Roger Stancil, Town Manager
RECOMMENDATIONS: That the Council receive this report.
RESERVED FOR DISCUSSION OF CONSENT AGENDA ITEMS IF NECESSARY
REQUEST FOR CLOSED SESSION TO DISCUSS PROPERTY ACQUISITION, PERSONNEL, AND LITIGATION MATTERS
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TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 3/11/2013 AGE DA #2 EXECUTIVE SUMMARY
Title of Agenda Item: Approve all Consent Agenda Items. (R-1)
Council Goal: Govern with Quality, Responsiveness, Efficiency
Background: Items of a routine nature to be voted on in a block. Any item may be removed from the Consent Agenda by the request of the Mayor or any Council Member.
Fiscal ote: Please refer to each agenda item for specific fiscal notes.
Recommendations: That the Council adopt the various resolutions and ordinances.
ATTACHME TS: Viewing attachments may require Adobe Acrobat . Resolution
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A RESOLUTIO ADOPTI G VARIOUS RESOLUTIO S A D E ACTI G VARIOUS ORDI A CES (2013-03-11/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:
3. Award Bid for Four Rear-Loading Refuse Cab and Chassis. (R-2)
4. Adopt the Resolution Supporting the Transportation Demand Management (TDM) Grant Application for FY 2013-2014. (R-3)
5. Amend Town Regulations on Service of Alcoholic Beverages on Town Properties. (R- 4)(O-1)
This the 11th day of March, 2013. 5
TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 3/11/2013 AGE DA #3 EXECUTIVE SUMMARY
Title of Agenda Item: Award Bid for Four Rear-Loading Refuse Cab and Chassis. (R-2)
Council Goal: Govern with Quality, Responsiveness, Efficiency
Background: Following the announcement that the Orange County Landfill will close on June 30, 2013, the Town conducted a comprehensive review of solid waste services. Subsequently, the Council has conducted a deliberate process of considering the recommendations of the Solid Waste Review. At the December 3, 2012 Business Meeting, Town Council approved a budget amendment, which authorized the Solid Waste Services division to move forward with several of the immediate recommendations of the solid waste review, including the purchase of additional refuse collection trucks to facilitate the transition to Durham.
Council authorized the purchase of three traditional trucks, and one compressed natural gas (CNG) truck. The new rear-loading refuse trucks will replace older models that are not compatible with the extended driving distance to Durham, NC and do not comply with weight capacity restrictions. The new trucks will have 20% additional hauling capacity and will increase the Town's ability to efficiently transport refuse to Durham, NC.
Fiscal ote: Adoption of the attached resolution would award the bid from Southern Truck Service for four Crane Carrier low-entry rear loading refuse cab and chassis with a total cost of $580,207. These rear-loading chassis will be fitted with Hail PT 1000 rear loading bodies by Carolina Environmental Systems which have been purchased through National Joint Powers Alliance (NJPA) at a cost of $268,000.
Recommendations: That the Council adopt the attached resolution awarding the bid for four rear- loading refuse cab and chassis to Southern Truck Services for $580,207.
ATTACHME TS: Viewing attachments may require Adobe Acrobat . Staff Memorandum Resolution
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MEMORA DUM
TO: Roger Stancil, Town Manager
FROM: Lance Norris, Public Works Director
SUBJECT: Award Bid for Four Rear Loading Refuse Cab and Chassis
DATE: March 11, 2013
PURPOSE
Adoption of the attached resolution would award the bid from Southern Truck Service for four Crane Carrier low-entry rear loading refuse cab and chassis with a total cost of $580,207. These rear loading chassis will be fitted with Hail PT 1000 rear loading bodies by Carolina Environmental Systems which have been purchased through National Joint Powers Alliance (NJPA) at a cost of $268,000. The trucks will be used by the Solid Waste Services Division of Public Works to collect residential waste and transport refuse to Durham, NC, as a result of the impending closure of the Orange County Landfill.
BACKGROU D
Following the announcement that the Orange County Landfill will close on June 30, 2013, the Town conducted a comprehensive review of solid waste services. Subsequently, the Council has conducted a deliberate process of considering the recommendations of the Solid Waste Review. At the December 3, 2012 Business Meeting, Town Council approved a budget amendment, which authorized the Solid Waste Services division to move forward with several of the immediate recommendations of the solid waste review, including the purchase of additional refuse collection trucks to facilitate the transition to Durham. The amounts financed, reflected in the amendment to the Vehicle Replacement Fund, are as follows:
° Purchase of 3 large capacity tandem axle truck chassis @ $135,220 each ° Purchase of 1 compressed natural gas fueled tandem axle truck chassis @ $174,547 ° Less: Previously Budgeted Replacements ($286,150) via the Fleet Replacement Plan Council authorized the purchase of three traditional trucks, and one compressed natural gas (CNG) truck. The purchase of additional CNG trucks was not recommended, given that the Town’s current infrastructure would require a $250,000-$275,000 upgrade to meet the fueling capacity requirements.
The new rear loading refuse trucks will replace older models that are not compatible with the extended driving distance to Durham, NC and do not comply with weight capacity restrictions. The new trucks will have 20% additional hauling capacity and will increase the Town’s ability to efficiently transport refuse to Durham, NC.
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DISCUSSIO Specifications and bid notices were distributed to three vendors in North Carolina, whose territory included South Carolina and Virginia. The Notice to Bidders was published on the Town web site on February 5, 2013. One bid was received and opened on Thursday, February 21 st . Under N.C. General Statute Sec. 143-132(a) “No minimum number of bids are required for purchase contracts”. This bid received was from the only vendor who produces trucks with the desired specifications. The bid received was as follows:
Vendor Bid Plus Options needed
Southern Truck Service $580,207
2418 Toomey Ave. Charlotte NC, 28203
The bid by Southern Truck Services meets 100% of the specifications and is responsive. Key items addressed by Southern Truck Services’ bid include:
1. Three to four person seating arrangement in the cab. This is a critical aspect when considering all residential crews are three-person operations.
2. A low entry cab, which allows for increased safety of entry and exit from the vehicle by crew members. RECOMME DATIO
That the Town Council adopt the attached resolution awarding the bid for four rear loading refuse cab and chassis to Southern Truck Services for $580,207.
ATTACHME T 1. A resolution to award four rear loading refuse cab and chassis
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A RESOLUTIO AWARDI G BID FOR FOUR REAR LOADI G REFUSE CAB A D CHASSIS. (2013-03-11/R-2) WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice published on the Town web site on February 5, 2013, in accordance with N.C. G.S. Sec. 143-129 for the purchase of four rear loading refuse cab and chassis; and
WHEREAS, the bid submitted by Southern Truck Service at a bid price of $580,207 was responsive and met the specifications established by the Town.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council awards the bid for four rear loading refuse cab and chassis to Southern Truck Service in the amount of $580,207.
This the 11th day of March, 2013.
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TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 3/11/2013 AGE DA #4 EXECUTIVE SUMMARY
Title of Agenda Item: Adopt the Resolution Supporting the Transportation Demand Management (TDM) Grant Application for FY 2013-2014. (R-3)
Council Goal: Focus on Economic Development, Land Use, and Transportation for a Balanced and Sustainable Future Define the Town's role in regional transportation.
Background: The Town is in the process of preparing an annual application for a regional Transportation Demand Management (TDM) grant for fiscal year July 1, 2013-2014. The Town's Transportation Demand Management program works with local employers to reduce traffic congestion by promoting the use of alternative modes of transportation such as public transit, bicycling and walking. A resolution of support for the program is a submission requirement of the grant application.
Fiscal ote: The TDM grant requires the Town to provide a 50% match of the TDM grant program. Of the $85,276 TDM Grant application, the Town is only responsible for 50% totaling $42,638. The Town only matches the funds actually spent and not responsible for any unused awarded funding. The Town has participated in this program for 5 years.
Recommendations: That the Council adopt the resolution supporting the Town's FY 2013-2014 Transportation Demand Management grant application.
ATTACHME TS: Viewing attachments may require Adobe Acrobat . Staff Memorandum Resolution
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MEMORA DUM
TO: Roger L. Stancil, Town Manager
FROM: J.B. Culpepper, Planning Director Kenneth C. Pennoyer, Business Management Director David Bonk, Long Range and Transportation Manager Len Cone, Transportation Community Outreach Coordinator
SUBJECT: Transportation Demand Management (TDM) Grant Application for FY2013 - 2014
DATE: March 11, 2013
PURPOSE
The purpose of this memorandum is to seek the Council’s support for the Town to submit a request to the Triangle J Council on Governments for Transportation Demand Management (TDM) grant funds. A resolution of support for the program from the elected body is a submission requirement of the grant application. BACKGROU D
As part of a Triangle regional 7 year TDM plan, the Town was awarded a grant in the spring of 2008, 2009, 2010, 2011 and 2012 for implementation of transportation demand management programs in Chapel Hill. The Town’s Transportation Demand Management Program works directly with local employers and their employees to provide information and develop programs designed to expand the use of public transit, bicycling and walking. The TDM program also complements the Town’s requirement that new developments prepare and implement transportation management plans intended to reduce congestion and expand the use of alternative modes of transportation.
The Town is reapplying for the TDM grant for fiscal year July 1, 2013 – June 30, 2014. Other agencies applying include Triangle Transit, NC State University, University of North Carolina at Chapel Hill, Raleigh, Durham, Cary, North Carolina Central University, Wake Technical Community College and Triangle Transit. DISCUSSIO
We anticipate a total TDM budget of approximately $85,276 which would provide funding for the TDM activities, staff salaries and preparation of related marketing materials. The TDM grant funds would provide $42,638 which is 50% of the total proposed budget. The remaining 50% program match of $42,638 would be provided through local funding to be determined during the Council’s budget discussion. The FY2013-2014 TDM funds will support outreach and marketing activities undertaken by the Town’s Planning and Transit Departments. If grant is awarded to the Town, the Town can decide not to accept the grant based on budget issues at the 11
time. The Town may also only use a portion of the funding and not the entire grant amount awarded.
The Town’s transportation demand management program works with local employers to implement a range of programs intended to promote the use of alternative modes of transportation, such as public transit, bicycling and walking. The program also oversees the Town’s Transportation Management Program (TMP), which currently includes participation by over 6,000 employees, town wide.
The Town’s TDM program works directly with 108 locations, representing over 370 businesses in Chapel Hill, distributing information about the Chapel Hill Transit services and coordinating various outreach programs that promote alternative transportation. The TDM program coordinates such events as the annual Safe Routes to School, Bike to Work, Bike Chapel Hill, Bike Month and Dump the Pump events. RECOMME DATIO
That the Council adopt the attached resolution supporting the Town’s FY2013-2014 Transportation Demand Management grant application.
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A RESOLUTIO SUPPORTI G A APPLICATIO FOR A TRA SPORTATIO DEMA D MA AGEME T GRA T (2013-03-11/R-3)
WHEREAS, the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization has provided funding to the Triangle J Council of Governments to support Transportation Demand Management Activities in the Region; and
WHEREAS, the Triangle J Council of Governments has issued a call for Transportation Demand Management grant applications for FY2013– 2014; and
WHEREAS, the Town of Chapel Hill has received Transportation Demand Management funding in FY2012 – 2013 and coordinates with the University of North Carolina and the Town of Carrboro in Transportation Demand Management program promotions; and
WHEREAS, the Town has developed a program of Transportation Demand Management activities as part of the FY2013 – 2014 Transportation Demand Management grant application; and
WHEREAS, Chapel Hill is to staff, support and administer the Transportation Demand Management grant program requiring a 50% match of local funds; and
WHEREAS, a resolution is required from the Town of Chapel Hill supporting the proposed project as part of the TDM grant application.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council supports the FY2013-14 Chapel Hill Transportation Demand Management application to the Triangle J Council of Governments.
This the 11th day of March, 2013.
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TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 3/11/2013 AGE DA #5 EXECUTIVE SUMMARY
Title of Agenda Item: Amend Town Regulations on Service of Alcoholic Beverages on Town Properties. (R-4)(O-1)
Council Goal: Champion Downtown
Background: The Council established, through resolution (2010-5-10/R-3), rules and regulations for the serving and consumption of beer and unfortified wine in town parking lots 2, 3, and 5, and the top level of the Wallace Parking Plaza when approved as part of a special event by Town Council. A petition from the Chapel Hill Library Foundation President was received requesting a proposed amendment to Chapter 3, Sec 3.2 (attached). This would permit the Chapel Hill Public Library Foundation to serve alcohol at designated fundraising events. It is proposed that the Ordinance be amended to allow alcohol to be served when the building or adjacent outdoor space is used for any special event of five (5) hours or less, provided the event sponsor complies with all applicable state laws, regulations, and permits pertaining to the service of alcoholic beverages and meets the indemnification and insurance requirements of Sec. 17-88(g) of the Town Code. The soon to be completed 140 West Project includes a public plaza. Special events and programming will be implemented on the 140 West Plaza as part of the Parks & Recreation Cultural Arts Division mission. The proposed Ordinance change to Chapter 3, Sec. 3-5., would allow malt beverages and unfortified wine to be sold, served and consumed in the public space at the 140 West Plaza as well as the Town's larger parking lots 2 and 3 downtown, and on the top level of the Wallace Parking Plaza.
Fiscal ote: Further amending Town Code Chapter 3 to include the 140 West Plaza and the Chapel Hill Public Library will not incur additional Town expenditures, but may result in additional revenue production.
Recommendations: That Council enact the amendment to Chapter 3, Section 3.5 of the Town Code and adopt the attached Resolution modifying Resolution (2010-05-10/R3).
ATTACHME TS: Viewing attachments may require Adobe Acrobat . Staff Memorandum Resolution Ordinance Chapel Hill Library Foundation Petition
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MEMORA DUM
TO: Roger L. Stancil, Town Manager
FROM: Ray “Butch” Kisiah, Director of Parks & Recreation Jeffrey J. York, Public Arts Administrator
SUBJECT: Amendments to Town Regulations on Service of Alcoholic Beverages on Town Properties
DATE: March 11, 2013
PURPOSE
The purpose of this memo is to request that the Council modify Town regulations on service of alcoholic beverages on two Town properties:
1. The Chapel Hill Public Library.
2. Parking Lot 5 (now the 140 West Plaza).
Amendments to the Town Code and a Council Resolution are included to make these changes (attachments). BACKGROU D
Chapter 3, Section 3.5, the Ordinance currently reads:
“Notwithstanding the provisions of sections 3-2, 3-3, and 3-4, of the Town Code, the sale, purchase, and possession of malt beverages and unfortified wines, the possession of open containers of malt beverages and unfortified wines and their consumption shall be lawful on town parking lots 2, 3, and 5, and the top level of the Wallace Parking Plaza when approved as part of a special event approved by the town council. The council shall by resolution establish rules and regulations for those events.”
The Council established, through resolution (2010-5-10/R-3), rules and regulations for those events.
A petition from the Chapel Hill Library Foundation President has been received requesting a proposed amendment to Chapter 3, Sec 3.2 (attached). This would permit the Chapel Hill Public Library Foundation to serve alcohol at designated fundraising events. It also proposes that the Ordinance be amended to allow alcohol to be served when the building or adjacent outdoor space is used for any special event of five (5) hours or less, provided the event sponsor complies with all applicable state laws, 15
regulations, and permits pertaining to the service of alcoholic beverages and meets the indemnification and insurance requirements of Sec. 17-88(g) of the Town Code.
The 140 West Project will be completed this spring and includes a public plaza. Special events and programming will be implemented on the public 140 West Plaza as part of the Parks & Recreation Festivals and Community Events. The proposed Ordinance change to Chapter 3, Sec. 3-5., would allow malt beverages and unfortified wine to be sold, served and consumed at the public space at the 140 West Plaza.
DISCUSSIO
The Chapel Hill Public Library Foundation wishes to host fundraising events on site at the new Chapel Hill Public Library. Such fund raisers, in the past at other locations, have raised over $225,000 with additional gifts being received after the events. These events have included the serving of and the consumption of alcoholic beverages. Space now exists in the new Library to host a variety of special events. The Chapel Hill Public Library would like the option to allow the service of those beverages at designated events at the Chapel Hill Public Library and adjacent outdoor spaces.
The addition of the new public space at the 140 West Plaza, will enhance the Town’s ability to implement programming aligned with the 2020 Plan, to provide open spaces Downtown for the public to gather, and enjoy planned activities. As part of the development agreement between the Town and Ram Realty, the 140 West Plaza will be programmed through Parks and Recreation with regularly scheduled music, art programs, festivals and other events. While the majority of these programs would not involve the serving of and consumption of malt beverages and unfortified wine, the Parks and Recreation Department would like to reserve the option to serve those beverages on the 140 West Plaza at designated community events with the proper permits and permissions.
The proposed ordinance amendment deletes Town parking lot 5 and adds the 140 West Plaza to the list of sites where alcohol may be served.
In addition to these amendments to Chapter 3 of the Town Ordinance, we believe it is appropriate for the Council to amend the current resolution (2010-5-10/R-3), establishing rules and regulations for the service and consumption of malt beverages and unfortified wine on town owned parking lots and public plazas, to delete parking lot 5 and replace it with the 140 West Plaza and add the Chapel Hill Library and adjacent outdoor spaces.
Currently, approval for events serving alcohol on Town properties requires Council action. Further amendments to the Resolution would grant the Town Manager authority to approve alcohol service requests for events and their specific dates, times and locations at Town Parking Lots 2, 3, 140 West, the top level of the Wallace Parking Plaza, and at the Chapel Hill Public Library in addition to the Town Manager’s current authority to issue permits for the service and consumption of malt beverages and unfortified wine for those special events. 16
FISCAL OTE
Further amending Town Code Chapter 3 to include the Chapel Hill Public Library and 140 West Plaza and the will not incur additional Town expenditures, but may result in additional revenue production. RECOMME DATIO
That Council enact the amendment to Chapter 3, Section 3.5 of the Town Code and adopt the attached Resolution modifying Resolution (2010-05-10/R3).
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A RESOLUTIO AME DI G RULES A D REGULATIO S TO PERMIT THE SERVICE A D CO SUMPTIO OF ALCOHOLIC BEVERAGES AT SPECIAL EVE TS O TOW PROPERTIES (2013-03-11/R-4)
WHEREAS, the Council previously amended Chapter 3, Sections 3-2 and 3-5 by resolution to established rules and regulations for the serving and consumption of malt beverages and unfortified wine on specified Town properties on May 09, 2005 (2005-05- 09-05/O-4), May 10, 2010 (2010-05-10/R-3); and May 23, 2011 (2011-05-23/O-3), and
WHEREAS, the Council desires to again modify those regulations.
NOW THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the rules and regulations for the service of malt beverages and unfortified wine on Town properties are hereby modified to read as follows:
1. Permits for the service and consumption of malt beverages and unfortified wine may be issued by the Town Manager for special events at the Town Parking Lots 2, 3 and the top level of the Wallace Parking Plaza, Chapel Hill Public Library and adjacent outdoor spaces, and the public space on the 140 West Plaza upon approval by the Town Council Town Manager of the events and their specific dates, times and locations.
2. Permits to sponsor such events and provide alcoholic beverages may be issued to the Downtown Partnership or other community based public or governmental organization approved by the Chapel Hill Town Manager.
3. The sponsoring organization shall be responsible for applying for and receiving all necessary permits for the service and consumption of alcoholic beverages.
4. Only alcohol provided and served at the designated site may be consumed. Persons may not bring their own alcoholic beverages for consumption.
5. The sponsoring organization shall comply with all applicable state and local regulations for the sale, service, possession and consumption of alcoholic beverages and shall provide the Town with evidence of receipt of all required permits. 6. Alcoholic beverages shall be poured into appropriate plastic cups for service and consumption and not provided for consumption in their original containers.
7. The sponsoring organization shall secure and maintain general liability insurance applicable to the serving of malt beverages and unfortified wine at the event for which the permit has been obtained and shall name the Town of Chapel Hill as an additional insured on the policy with respect to claims arising out of the use of the Town’s property and the issuance of the permit by the Town. A certificate evidencing such insurance shall be provided to the Town Manager’s office prior to the holding of the sponsored event. Insurance shall be in minimum amounts of one million dollars ($1,000,000) (combined single limit for bodily injury and property damage liability).
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8. The sponsoring organization shall be responsible for the cost of additional security for the event. A security plan shall be prepared and approved by the Town Manager before an event permit may be issued. Permits shall be based on standards developed for outdoor events under Chapter 11, Article IX of the Town Code and appropriate additional standards due to the special nature of these events.
9. The sponsoring organization shall provide sufficient perimeter controls to ensure that alcoholic beverages are not carried off the site approved for their service and consumption.
10. The sponsoring organization shall be responsible for compliance with any other applicable laws, rules and regulations.
11. The sponsoring organization shall provide sufficient staffing to ensure that no alcoholic beverages are provided to underage persons or to intoxicated persons.
12. The sponsoring organization shall be responsible for keeping the event area clean of litter associated with the operation of the special event.
This the 11th day of March, 2013.
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A ORDI A CE AME DI G CHAPTER 3 SECTIO S 3-2 A D 3- 5 OF THE CODE OF ORDI A CES TO PERMIT CO SUMPTIO OF MALT BEVERAGES A D U FORTIFIED WI E AT THE CHAPEL HILL LIBRARY A D O THE TOW OW ED PLAZA AT 140 WEST FRA KLI STREET A D (2013-03-11/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 2 Chapter 3 of the Town Code is hereby revised to read as follows:
“Sec. 3.2. Consumption of malt beverages or unfortified wine on streets, sidewalks, municipal parking lots or any real estate or building owned or occupied by the town.
It shall be unlawful for any person who is not an occupant of a motor vehicle to consume malt beverages or unfortified wine on any street, sidewalk or alley; or in any municipal parking lot; or on the grounds of any public building of the town; or on any real estate owned or controlled by the town including but not limited to public parks, playgrounds, tot lots, recreational fields, tennis courts, or other athletic fields; or in any of the buildings owned by the town. This section shall not apply to buildings owned by the town, which are under lease for terms at least one (1) year, to the extent provided for under the terms of the town's lease.
This section shall not apply to the town -owned building at 523 East Franklin Street when the building is rented out by the Town for a private event of 5 hours or less, provided the person or organization renting the facility complies with all applicable state laws and regulations pertaining to the serv ice of alcoholic beverages and meets the indemnification and insurance requirements of Sec. 17 -88(g) of the Town Code.
This section shall not apply to the town-owned Chapel Hill Public Library and adjacent outdoor spaces when the building is used for a designated special event of 5 hours or less, provided the event sponsor complies with all applicable state laws, regulations, and permits pertaining to the service of alcoholic beverages and meets the indemnification and insurance requirements of Sec. 17-88(g) of the Town Code.
The provisions of this section shall not apply to the service of malt beverages and unfortified wines to, or the possession and consumption of malt beverages and unfortified wines by, persons seated and receiving food service at locations where the sale of food and beverages is permitted under section 17-88 of the Town Code, provided that the applicable provisions of article VI, chapter 17 of the Town Code are followed and further provided that the business serving the malt beverages and unfortified wines shall have all required state and town permits required for the location on the public right-of-way where the sale and consumption of such beverages are taking place.”
Section 2. Section 5 of Chapter 3 of the Town Code is hereby revised to read as follows:
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“Sec. 3.5. Possession and Consumption of malt beverages or unfortified wine at special events in municipal parking lots and on top of the Wallace parking deck.
Notwithstanding the provisions of sections 3-2, 3-3, and 3-4, of this Code, the sale, purchase, and possession of malt beverages and unfortified wines, the possession of open containers of malt beverages and unfortified wines and their consumption shall be lawful on town parking lots 2, 3, and 5, the top level of the Wallace Parking Plaza, and public space on the 140 West Plaza when approved as part of a special event approved by the town council. The council shall by resolution establish rules and regulations for those events. (2010-05-10/R-3)”
Section 3. This ordinance shall be effective upon adoption.
This the 11 th day of March, 2013. 21
Enriching Our Community by Helping Our Library Collections Grow
Suite 145 PO Box 4771 McClamroch Hall Chapel Hill, NC 27515-4771 88 VilCom Circle Chapel Hill, NC 27514
Mr. Roger L. Stancil Town Manager, Chapel Hill Town Hall, Second Floor 405 Martin Luther King Jr. Blvd. Chapel Hill, NC 27514-5705
Dear Roger,
Thank you for taking the time to speak with me this afternoon concerning the Library Foundation’s desire to hold a fundraising event in the newly-reopened Library in April. The Foundation would like to hold the event on Saturday evening, April 27th, from 7-9 PM. This would be after the close of normal Library hours.
We would like to hold the event in the two large conference rooms and this would be a stand-up event with small tables for food and beverages and a few chairs for those that need them. We hope to have as many as 150-200 patrons at this event and it is my understanding that the capacity of those two rooms (144, 84) would allow for the proposed number of attendees. We plan on serving beer and wine at this event and thus the Library will need to be added to the list of Town facilities at which alcohol might be served. I understand from our conversation that you will take care of adding the Library to the list.
We would like to have volunteers from the Library Staff escort the donors on tours of the newly-re-opened Library and several Staff members have already expressed a willingness to do so. We will provide bottles of flavored water for people to take with them on the tours, if they wish, in order that neither alcohol nor liquids capable of staining will be carried into the collections areas.
As I mentioned to you, please let me know if the Foundation needs to arrange to have any public safety personnel (police and/or fire) on site for this event. We will be happy to make those arrangements if necessary.
Roger, thanks again for all your help.
Best wishes,
George J. Cianciolo President 22
TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 3/11/2013 AGE DA #6 EXECUTIVE SUMMARY
Title of Agenda Item: Consider Application for Special Use Permit - Ronald McDonald House Expansion, 101 Old Mason Farm Road. (R-5)(R-6)
Council Goal: Focus on Economic Development, Land Use, and Transportation for a Balanced and Sustainable Future
Background: Tonight the Council reconvenes the Public Hearing held on January 23, 2013 and February 27, 2013, to consider the proposed expansion of the Ronald McDonald House at 101 Old Mason Farm Road.
Fiscal ote: No fiscal impact has been determined.
Recommendations: That the Council approve the Special Use Permit with the adoption of Revised Resolution A.
ATTACHME TS: Viewing attachments may require Adobe Acrobat . Manager Cover Memorandum Staff Memorandum Revised Resolution A (approving the application) Resolution B (denying the application) Advisory Board Summaries of Action
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MEMORA DUM
To: Mayor and Town Council
From: Roger L. Stancil, Town Manager
SUBJECT: Ronald McDonald House Expansion, 101 Old Mason Farm Road - Application for Special Use Permit (PIN 9788-54-5304, Project No. 12-0004)
DATE: March 11, 2013
DISCUSSIO TOPIC: Continuation of the public hearing on the Ronald McDonald House Expansion Special Use Permit application from January 23, 2013 1 and February 27, 2013.
HIGHLIGHTED ISSUES: • Lighting at the bus stop • Location of the public art • Improvements to pedestrian pathways • Parking needs connection to transit funding MA AGER’S RECOMME DATIO : Based on the information recorded to date, I recommend that the Council approve the Special Use Permit application with the adoption of Revised Resolution A.
1 http://chapelhillpublic.novusagenda.com/Bluesheet.aspx?itemid=2079&meetingid=196
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MEMORA DUM
TO: Roger L. Stancil, Town Manager
FROM: J. B. Culpepper, Planning Director Gene Poveromo, Development Manager Megan Wooley, Housing and Neighborhood Services Planner II
SUBJECT: Application for Special Use Permit - Ronald McDonald House Expansion , 101 Old Mason Farm Road (PIN 9788-54-5304, Project No. 12-0004)
DATE: March 11, 2013
I TRODUCTIO
Tonight, the Town Council continues the public hearing from January 23, 2013 1 and February 27, 2013. Adoption of the attached Resolution A would approve a Special Use Permit to allow the expansion of the existing Residential Support Facility and associated parking. The site is located in the Office/Institutional -2 zoning district and is identified as Ora nge County Parcel Identifier Number 9788-54-5304.
The University of North Carolina at Chapel Hill, representing the Ronald McDonald House, has submitted an application which proposes the following:
1 http:// chapelhillpublic.novusagenda.com/Bluesheet.aspx?itemid=2079&meetingid=196
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• Request first time Special Use Permit (earlier expansion predated current Special Use Permit threshold); • Add 24 new lodging units to 30 existing units for a total of 54 units; • Add 25,416 square feet of floor area to 20,564 existing square feet for a total of 45,980 square feet; and • Add 24 new vehicular parking spaces to 41 existing spaces for a total of 65 spaces.
The attached Resolution B would deny the application.
RECOMME DATIO We recommend that the Council approve the Special Use Permit application with the adoption of Revised Resolution A.
The following stipulations were added to Revised Resolution A: • Highland Woods Road Pedestrian Improvements • Old Mason Farm Road Pedestrian Improvements • Asphalt Recreational Path
PROCESS
Tonight, the Council continues the public hearings and considers possible action.
Report and Town Evaluation Recommendation Continue of Application Report Presented presented to Town Public Hearing, According to to Planning Board Council, Close Hearing, Standards Open Council Action Public Hearing
DISCUSSIO The issued raised at the Public Hearing are discussed below:
• Lighting at the bus stop • Location of the public art • Parking needs connection to transit funding 1. Lighting at the Bus Stop: At the Public Hearing, a Council member asked the applicant if there would be lighting at the bus stop. Staff Comment: Yes, in Resolution A, this question is addressed in the “Bus Stop Improvement” stipulation which states: “Prior to the issuance of a Zoning Compliance Permit the applicant shall
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provide dimensional details of the concrete pad and technical details of the bus shelter’s lighting installation to Chapel Hill Transit.” 2. Location of the Public Art: At the Public Hearing, a Council member stated that the location of the public art was restricted to the interior courtyard and did not seem public. The Council member encouraged the applicant to consider a new location for the public art. Staff Comment: We encourage the applicant to consider the location of the public art but Resolution A does not mandated its location. In Resolution A, the “Public Art” stipulation states: “Prior to the issuance of a Certificate of Occupancy, the applicant shall continue to work with the Town to finalize a public arts plan.” 3. Parking eeds Connection to Transit Funding: At the Public Hearing, a Council member stated that transit funding was not guaranteed forever and asked the staff to provide information about the parking needs of this project with the bus service being provided. Staff Comment: The applicant’s proposal for a reduction in the minimum required parking spaces is based on their experience at the facility and the associated availability of transit service. We recommend adoption of Resolution A which would authorize a modification of the regulations for the site expansion with a total of 65 parking spaces.
EVALUATIO OF THE APPLICATIO Tonight the Council receives information submitted by the applicant and our evaluation. All information submitted at the public hearing will be part of the record of the hearing. Based on the evidence submitted, the Council will consider whether or not it can make each of four required findings for the approval of the Special Use Permit:
a) That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare; b) That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of the Land Use Management Ordinance; c) That the use of development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and d) That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Plan and in the Comprehensive Plan.
We anticipate receiving additional public comment and evidence at the public hearing. Following the hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.
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ADVISORY BOARD RECOMME DATIO S
Ronald McDonald House Expansion – Special Use Permit Differences among Recommendations by the Advisory Boards Bicycle and Community Planning Transportation Issues Staff Revised Pedestrian Design Board Board Advisory Board Commission Approve Special Use Permit Resolution A, With Yes Yes Yes Yes Yes Conditions Reduce the size of the internal courtyard in order to save as many trees as possible No Yes * * * between the development and the Highland Woods neighborhood. Yes, with an Add new stipulation which amendment that states that the proposed multi- the multi-use path * * Yes * use path be maintained by the be maintained by property owner or its lessee. the lessee. That the proposed sidewalk on Old Mason Farm Road referenced in Stipulation #8 be constructed in a non- No * * Yes * meandering fashion that also preserves as many trees as possible. That the Transportation Management Plan consists of monitoring and reporting bicycle usage/parking on the site; the applicant shall be Yes * * Yes * responsible for providing additional bicycle parking spaces as needed if demand increases. While lighting is typically provided with Chapel Hill bus shelters, a Add a stipulation which states stipulation has that the bus shelter been added which * Yes * * improvements include states that the lighting. applicant should work the Town on the details of installation.
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Bicycle and Community Planning Transportation Issues Staff Revised Pedestrian Design Board Board Advisory Board Commission Revised Resolution A states: Prior to the issuance of a Certificate of Occupancy, the Location of Public Art * * * * applicant shall continue to work with the Town to finalize a public arts plan.
* Not Discussed Matrix revised February 2013
RESPO SE TO ADVISORY BOARD COMME TS
Planning Board : The Planning Board met on November 20, 2012, and voted 7-0 to recommend that the Council approve the Special Use Permit application with Resolution A with the following adjustment:
• Reduce the size of the internal courtyard in order to save as many trees as possible between the development and the Highland Woods neighborhood.
Please see the attached Summary of Planning Board Action.
Staff Comment: The applicant has stated that in order to reduce the size of the internal courtyard, the buildings would need to be brought closer together which force the elimination of one of the buildings. In order to maintain the room count, a third floor would need to be added to several of the proposed buildings which is contrary to the representations that the applicant has provided to the Highland Woods neighborhood residents. (The Highland Woods neighborhood is designated by the Town as a Neighborhood Conservation District Zoning Overlay.) In addition, the applicant has stated that a significant portion of the courtyard is dedicated to above-ground and below-ground stormwater management measures. If the size of the courtyard was reduced, the stormwater measures would need to be relocated elsewhere, mostly like in the west and northwest of the site. Since trees cannot be located in stormwater management areas, more trees would need to be cut down to create a new stormwater management area in the western and northwestern portion of the site. In consideration of these concerns and since the application already meets the requirements of the Tree Ordinance, we do not recommend adding a new stipulation to reduce the size of the courtyard as requested by the Board.
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Transportation Board : The Transportation Board met on December 13, 2012, and voted 5-0 to recommend that the Council approve the Special Use Permit application with Resolution A with the following adjustment:
• Add a new stipulation which states that the bus shelter improvements include lighting.
Please see the attached Summary of Transportation Board Action.
Staff Comment: Chapel Hill shelters typically include lighting as a part of the shelter installation. A stipulation has been added which states that the applicant should work with Chapel Hill Transit on the technical details of the installation.
Community Design Commission : The Community Design Commission met on November 28, 2012 and voted 8-0 to recommend that the Council approve the Special Use Permit application with Resolution A with conditions.
Please see the attached Summary of Community Design Commission Action.
Staff Comment: No amendments were necessary following the Community Design Commission’s review.
Bicycle and Pedestrian Advisory Board : The Bicycle and Pedestrian Advisory Board met on November 27, 2012 and voted 7-0 with one abstention to recommend that the Council approve the Special Use Permit application with Resolution A with the following adjustments:
• Add stipulation which states that the proposed multi-use path be maintained by the property owner or its lessee • Construct the proposed sidewalk on Old Mason Farm Road referenced in Stipulation #8 in a non-meandering fashion that also preserves as many trees as possible • That the Transportation Management Plan consists of monitoring and reporting bicycle usage/parking on the site; the applicant shall be responsible for providing additional bicycle parking spaces as needed if demand increases
Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Staff Comment regarding maintenance of the multi-use path: The applicant recommended that the stipulation state that the path be maintained by the lessee; therefore, we have added a stipulation which states that the path be maintained by the lessee. Staff Comment regarding sidewalk construction: The sidewalk design has been proposed to accommodate the existing topography and right-of-way location; therefore, we do not recommend adjustment to this stipulation as requested by the Board.
Staff Comment regarding monitoring of bicycle usage: The applicant is requesting a modification to regulations to provide 12 new bicycle parking spaces rather than the ordinance-required 22 spaces. We believe that the Council could make the public purpose finding noted above based on the lack of need for additional bicycle parking spaces due to the unlikeliness that the
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temporary residents at the Ronald McDonald House will bring their bicycles and because the proposed number of bicycle parking spaces will accommodate the needs of the staff of the facility. If demand is demonstrated, the applicant has indicated a willingness to provide additional bicycle parking spaces to meet that demand, with the maximum number of spaces being 22 to meet the ordinance requirement. We have included a stipulation in Resolution A that would require the applicant to increase bicycle parking if the demand is demonstrated.
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REVISED RESOLUTIO A (Staff Recommendation) (Approving the Special Use Permit Application)
A RESOLUTIO APPROVI G A APPLICATIO FOR A SPECIAL USE PERMIT FOR THE RO ALD MCDO ALD HOUSE EXPA SIO (PI 9788-54-5304, Project o. 12-0004) (2013-03-11/R-5)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, for the Ronald McDonald House at 101 Old Mason Farm Road, proposed by the University of North Carolina at Chapel Hill, who is representing the Ronald McDonald House, on property identified as part of Orange County Property Identifier Number 9788-54- 5304, if developed according to the Site Plan with cover sheet dated November 18, 2011 and revised September 25, 2012, and the conditions listed below would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Land Use Management Ordinance;
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 Land Use Management Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:
1. Modification of Subsection 5.9.7 of the Land Use Management Ordinance to reduce the minimum vehicular parking standards, requiring a 90 parking space minimum, by providing 25 fewer parking spaces or a total of 65 parking spaces.
2. Modification of Subsection 5.9.7 of the Land Use Management Ordinance to reduce the minimum bicycle parking standards, requiring a 22 bicycle parking space minimum, by providing 10 fewer parking spaces or a total of 12 bicycle parking spaces.
These findings are based on a determination that public purposes are satisfied to an equivalent or greater degree because the parking modifications promote alternative forms of transportation and do not require the provision of a larger parking lot. The proposal would expand an existing residential support facility which lacks the need for additional parking spaces or additional bicycle parking spaces due to the proposal’s proximity to public transit and the UNC Hospitals.
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BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Ronald McDonald House in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. Construction Deadline : That construction begins by March 11, 2016, and be completed by March 11, 2018.
2. Land Use Intensity : This Special Use Permit authorizes a Residential Support Facility use with:
Net Land Area 229,883 s.f. (4.8 acres) 6 new structures and 1 existing structure; Total Number of Buildings the 7 structures will be connected by a covered walkway Total Number of Lodging Units 54 units Maximum Floor Area Allowed 45,210 square feet Maximum Vehicular Parking Spaces 65 spaces (including HC) Minimum Handicapped Parking Spaces 4 spaces Minimum Bicycle Parking Spaces 6 Class I / 6 Class II
Transportation
4. Parking Lot/Drive Aisles Town Standards : Prior to issuance of the Certificate of Occupancy, the applicant shall construct the parking lot and drive aisles to Town standard, design subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
5. Sight Distance Triangles : Prior to issuance of a Zoning Compliance Permit, the applicant shall provide standard NCDOT sight distance triangles at the driveway intersecting Old Mason Farm Road.
6. Traffic Signage : Prior to the issuance of a Zoning Compliance Permit the applicant shall provide the necessary signage in the appropriate locations as part of the detailed construction plans to be approved by the Town Manager.
7. Accessibility Requirements : Prior to the issuance of the Certificate of Occupancy, the applicant shall provide the at least the minimum required handicapped parking spaces and design all handicapped parking spaces, ramps, and crosswalks, and associated infrastructure according to Americans with Disabilities Act standards, North Carolina Accessibility Code, and Town standard. Code requirements include standards for the number, size and spacing of handicapped spaces, travel distance from parking spaces to buildings, ramp and sidewalk slope, cross-walk striping and other considerations.
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8. Highland Woods Road Pedestrian Improvements: Prior to the issuance of the Certificate of Occupancy, the applicant shall improve the Highland Woods Road with the installation of Town standard curb and gutter, 3 feet wide utility strip, and a 5 feet wide concrete sidewalk along the Ronald McDonald House street frontage from Old Mason Farm Road to the terminus of the proposed asphalt recreational path. At locations where the Town Manager determines the installation of a utility strip is not practical due to existing topography the sidewalk shall be 6 feet wide and may be located immediately behind the curb, if determined necessary by the Town Manager. The applicant is required to get a lane and/or street closure permit and an Engineering Construction Permit from the Town five business days prior to closure. Detailed plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
9. Old Mason Farm Road Pedestrian Improvements: Prior to the issuance of the Certificate of Occupancy, the applicant shall install a Town-standard concrete sidewalk, plus a 3 feet wide utility strip, on Old Mason Farm Road along the property frontage and between Fordham Boulevard and Highland Woods Road, if it is not completed by others. The sidewalk shall be five feet wide with required ADA Ramps. At locations where the Town Manager determines the installation of a utility strip is not practical due to existing topography the sidewalk shall be 6 feet wide and may be located immediately behind curb and gutter, if determined necessary by the Town Manager. Detailed plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Sidewalk improvements provided along the street frontage and outside of the public right-of- way shall be made available for public use. The applicant is required to get a lane and/or street closure permit and an Engineering Construction Permit from the Town five business days prior to closure.
10. Asphalt Recreational Path: The existing walking path shall be improved with an asphalt surface in the location shown on the approved plans and connect to the proposed sidewalk on Highland Woods Road. The perpetual maintenance of the path is the responsibility of the lessee.
11. Bicycle Parking : That prior to issuance of a Certificate of Occupancy, the applicant shall provide dimensioned details for a minimum of 12 bicycle parking spaces (6 Class I and 6 Class II). The proposed facilities shall comply with the 2010 Association of Pedestrian and Bicycle Professionals Guidelines and Section 4.11 of the Town Design Manual, subject to Town Manager review and approval. If demand is demonstrated, the applicant will increase the number of bicycle parking spaces, with the maximum number of spaces being 22 to meet the ordinance requirement.
12. Bus Stop Improvements: That prior to issuance of a Certificate of Occupancy, the applicant shall provide a concrete pad for the bus shelter and a sidewalk to the bus top. Prior to the issuance of a Zoning Compliance Permit the applicant shall provide dimensioned details of
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the concrete pad and technical details of the bus shelter’s lighting installation to Chapel Hill Transit.
13. Transportation Management Plan : A Transportation Management Plan for the development shall be approved by the Town Manager prior to building occupancy. This plan shall be updated annually and approved by the Town Manager. The required components of the Transportation Management Plan shall include:
a) A Transportation Coordinator to communicate and promote alternate modes of transportation. b) Submission of an Occupancy Survey due 90 days after building expansion occupancy. c) Submission of an updated annual Transportation Management Plan Report. d) Submission of Resident, Business and Employee Surveys during survey years. e) Measures to gradually attain the goals of the program.
Landscaping, Elevations, and Art
14. Landscape Protection : That the applicant shall provide a detailed Landscape Protection Plan, clearly indicating which specimen trees shall be removed and which shall be preserved. The plan shall include critical root zones of specimen trees. The plan shall also include detail of tree protection fencing, between the tree preservation areas and construction areas, construction parking, and materials staging/storage areas. The Plan shall also include Town standard landscaping protection notes, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
15. Landscape Screening and Shading : That the landscaping shall adhere to the standards for Section 5.9.6 (a-d) of the Land Use Management Ordinance.
16. Landscape Plan and Landscape Maintenance Plan : That the applicant shall provide a detailed Landscape Planting Plan with a detailed planting list, and a Landscape Maintenance Plan, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings as well as the limits of land disturbance and tree protection fencing.
17. Canopy Tree Planting Plan : That the applicant shall provide replacement canopy tree coverage of 40%. Replacement tree locations, species, size, and spacing shall be provided on a detailed planting plan to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
18. Community Design Commission Review of Building Elevations and Site Lighting : That the applicant shall obtain approval of building elevations, including the location and screening of all HVAC/Air Handling Units, by the Community Design Commission, prior to issuance of a Zoning Compliance Permit. The Community Design Commission shall also review and approve a lighting plan for this site taking additional care during review to ensure that the
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proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light, prior to issuance of a Zoning Compliance Permit.
19. Public Art: Prior to the issuance of a Certificate of Occupancy, the applicant shall continue to work with the Town to finalize a public arts plan.
Environment
20. Stormwater Management Plan : That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. This project must comply with the stormwater management requirements of the Land Use Management Ordinance to provide for 85 percent total suspended solids removal from the increased impervious area, retention for 2-5 days of the increased volume of stormwater runoff from the 2-year, 24-hour storm, and control of the stormwater runoff rate for the 1-year, 2-year, and 25-year storms, if necessary. No stormwater management structures are permitted in the rights-of-way or building setbacks. This includes the outlet structure and stabilization, any underdrains, and the downgradient toe of french drains. Further, the discharge must be in a sheet flow condition, unless otherwise approved to discharge to the town's stormwater system.
That all redevelopment sites disturbing one-half acre or more, shall comply with Jordan Nutrient Loading requirements to reduce nitrogen and phosphorus loads in one of the following two ways:
a) In the Upper New Hope Arm drainage basin the loading rates shall not exceed 2.2 pounds per acre per year and 0.82 pounds per acre per year for nitrogen and phosphorus, respectively. Additionally, the post-development peak flow shall not exceed the pre- development peak flow for the one-year, 24-hour storm event; or
b) Meet a loading rate that achieves nutrient loads compared to the existing development, loading rates of 35 percent and 5 percent reduction for nitrogen and phosphorus respectively.
21. Curb Inlets : The applicant shall provide pre-cast curb inlet hoods and covers stating, "Dump No Waste! Drains to Jordan Lake", in accordance with the specifications of the Town Standard Detail SD-5A, for all new curb inlets for private, Town and State rights-of-way.
22. Stormwater Impact Statement and Plans : Prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. This project must comply with the stormwater management requirements of the Land Use Management Ordinance to provide for 85 percent total suspended solids removal from the increased impervious area, retention for 2-5 days of the increased volume of stormwater runoff from the 2-year, 24-hour storm, and control of the stormwater runoff rate for the 1-year, 2-year, and 25-year storms.
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No stormwater management structures are permitted in the rights-of-way or building setbacks. This includes the outlet structure and stabilization, any underdrains, and the downgradient toe of french drains. Further, the discharge must be in a sheet flow condition.
23. Jordan Nutrient Loading for New Development: (a) The Jordan stormwater management regulations require that all new development disturbing one acre or more for single-family and duplex residential development and recreational facilities, and one-half acre or more for all other development, reduce nitrogen and phosphorus loads. In the Upper New Hope Arm drainage basin the loading rates shall not exceed 2.2 pounds per acre per year and 0.82 pounds per acre per year for nitrogen and phosphorus, respectively. Additionally, the post- development peak flow shall not exceed the pre-development peak flow for the one-year, 24- hour storm event. (b) Redevelopment subject to this ordinance that would replace or expand existing structures or improvements and would result in a net increase in built-upon area shall have the option of either meeting the loading standards identified in (c) or meeting a loading rate that achieves nutrient loads compared to the existing development, loading rates of 35 percent and 5 percent reduction for nitrogen and phosphorus respectively.
24. On-Site/Adjacent Stormwater Features : That the final plans locate and identify existing site conditions including all on-site and adjacent stormwater drainage features on the plans prior to issuance of a Zoning Compliance Permit. The final plans must provide proper inlet protection for the stormwater drainage inlets on or adjacent to the site to ensure the stormwater drainage system will not be obstructed with construction debris.
25. Impervious Surface Limited in the Resource Conservation District : The onsite impervious surface within the Resource Conservation District shall be minimized to only that necessary in order to construct the parking lot improvements and building subject to review and approval by the Town Manager.
26. Silt Control : That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
27. Erosion Control : That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the State's Division of Land Quality prior to issuance of a Zoning Compliance Permit.
During the construction phase, additional erosion and sediment controls may be required if the proposed measures do not contain the sediment. Sediment leaving the property is a violation of the Town’s Erosion and Sediment Control Ordinance.
28. Steep Slopes : That prior to issuance of a Zoning Compliance Permit, the applicant shall include a map indicating how development and construction will comply with the steep slopes regulations in the Land Use Management Ordinance, subject to Town Manager review and approval.
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29. Energy Management Plan : The Town encourages the applicant to include an Energy Management Plan (EMP) in the final plan to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall: a) consider utilizing sustainable energy, currently defined as solar, wind, geothermal, biofuels, hydroelectric power; b) consider purchase of carbon offset credits and green power production through coordination with the NC GreenPower program; c) provide for 20 percent more efficiency that also ensures indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in the project; and (d) that the property owner can, upon request, report to the Town of Chapel Hill the actual energy performance of the plan, as implemented, during the period ending one year after occupancy.
The Town also encourages the applicant to format the EMP to Town standards, to include a USGBC LEED credit checklist (if applicable), and to include pre-construction energy models to demonstrate the anticipated energy efficiency and performance for buildings as compared to base building or certification standards from a recognized standard (e.g., LEED, Green Globes). To address item (d) above, the applicant shall submit post-construction energy models one year after occupancy, or certification from a recognized standard that demonstrates the actual energy performance of the applicable structures.
30. Energy Efficiency : That prior to the issuance of a Building Permit, the applicant shall incorporate a “20 percent more energy efficient” feature relative to the 2004 energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of Special Use Permit issuance. Comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of building permit issuance, may be used by the applicant when incorporating the “20 percent more energy efficient” feature into the final plans. The developer’s implementation of energy management techniques shall include the use of high-efficiency HVAC system, and energy management systems and controls.
State and Federal Approvals
31. State or Federal Approvals : That any required State or Federal permits or encroachment agreements (e.g. 401 water quality certification, 404 permit) must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Water, Sewer, and Other Utilities
32. Utility/Lighting Plan Approval : The final utility/lighting plan shall be approved by the Orange Water and Sewer Authority, Duke Energy Company, Time Warner, AT&T or other applicable utility providers and the Town Manager before issuance of a Zoning Compliance Permit.
33. Lighting Plan : That prior to issuance of a Zoning Compliance Permit, the applicant shall submit site plans and other required documents to satisfy the lighting requirements of Section
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5.11 of the Land Use Management Ordinance including submission of a lighting plan, demonstrating compliance with Town standards, sealed by a Professional Engineer. Increases in illumination on off-site property may not exceed 0.3 foot-candles, measured at ground level. Where existing ambient off-site lighting levels are in excess of 0.3 foot-candles, no increase in measurable off-site lighting levels will be allowed as a result of outdoor lighting in the development.
34. Power Lines : Prior to the issuance of a Certificate of Occupancy, all proposed or relocated utility lines other then 3-phase electric power distribution lines shall be located underground.
35. Sewer Line Construction : That all plans for water and sewer lines be approved by OWASA and constructed according to its standards. Where sewer lines are located beneath streets, drive aisles and parking areas construction methods approved by OWASA shall be employed, to ensure that sewer lines will not be damaged by heavy service vehicles. Final plans shall be approved by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.
36. Detailed Construction Drawings : Detailed construction drawings shall be submitted to OWASA for review and approval prior to issuance of a Zoning Compliance Permit.
Fire Safety
37. Firefighting Equipment Access : That Final Plans shall clearly indicate emergency fire access for the Town’s firefighting equipment to within 150 feet of all exterior points of the proposed buildings. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
38. Fire Apparatus Access and Road Design : That Final Plans shall include the following note, “Any and all roads, driveways or dedicated fire lanes used for fire department access shall be all-weather and designed to support to carry the imposed load of fire apparatus weighing 75,000 lbs. Fire access roads shall have a minimum width of 20 feet with overhead clearance of 13 ft. 6 in.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
39. Fire Hydrant and FDC Locations : That Final Plans shall indicate the locations of existing and proposed fire hydrants and Fire Department Connections (FDC). Fire Department Connections shall be located on the street side of the building within 100 feet of a hydrant. Hydrant spacing shall comply with the Town Design Manual. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
40. Fire Apparatus Access and Service During Construction : That Final Plans shall include the following note, “When fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and
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during the time of construction, except when approved alternate means of fire protection are provided.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
41. Fire Protection and Utility Plan: During demolition and/or construction, all aspects of Chapter 14 of the NC Fire Prevention shall be followed. The owner/developer shall designate one person to be the Fire Prevention Program Superintendent who shall be responsible for enforcing Chapter 14 of the NCFPC and the on-site fire prevention program and ensure that it is carried out through completion of the project.
42. Fire Flow Report : Prior to issuance of a Zoning Compliance Permit the applicant shall submit a fire flow report sealed by an engineer licensed in North Carolina certifying that the water supply available at the nearest fire hydrant(s) will meet the Town’s fire flow requirements. An Orange Water and Sewer Authority flow test must be included with the report.
43. Automatic Sprinkler System : That prior to issuance of a Certificate of Occupancy, an automatic sprinkler system be installed in the proposed building.
44. Fire Hydrant Accessibility : That all structures must be located within 500 feet of a fire hydrant. That the applicant shall maintain a 100-foot maximum distance between fire hydrants and fire department connections, in a clearly visible and accessible location on the street side of buildings, subject to Town Manager review and approval prior to issuance of a Zoning Compliance Permit.
Solid Waste Management and Recycling
45. Solid Waste Management Plan : That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
46. Final Plan Notes : That the applicant shall place the following notes on Final Plans prior to issuance of a Zoning Compliance Permit: a. We recommend that plans label each waste container for type of material to be collected. b. Construction Waste: i. By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, must be recycled. ii. By Orange County Ordinance, all haulers of construction waste must be properly licensed. iii. Prior to any construction activity on the site the applicant will hold a pre- construction conference with the County’s Solid Waste staff.
Miscellaneous
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47. Construction Management Plan : That a construction management plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The construction management plan shall; 1) indicate how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers and the prohibition of parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other temporary construction management structures, indicate construction hours and compliance with the Noise Ordinance (Section 3 Town Code).
48. Traffic and Pedestrian Control Plan : That the applicant shall provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements will be safely maintained. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. At least 5 working days prior to any proposed lane or street closure the applicant must apply to the Town Manager for a lane or street closure permit.
49. Construction Sign Required : That the applicant shall post a construction sign at the development site that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 32 square feet of display area and maximum height of 8 feet (§5.14.3(g) of LUMO). The sign shall be non- illuminated, and shall consist of light letters on a dark background. A detail of the sign shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
50. Open Burning : That the open burning of trees, limbs, stumps, and construction debris associated with this development is prohibited.
51. Detailed Plans : Final detailed site plans, grading plans, utility/light plans, stormwater management plans (with hydrologic and hydraulic calculations), landscape plans, and landscape maintenance plans shall be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Land Use Management Ordinance and Design Manual.
52. Certificate of Occupancy : That prior to issuance of a Zoning Compliance Permit, the applicant shall submit a Certificate of Occupancy Phasing Plan specifying which public improvements and stormwater management structures shall be completed and inspected as part of each phase prior to issuance of a Certificate of Occupancy for that phase; and that a note to this effect shall be placed on the final plats. If the Town Manager approves a phasing plan, occupancy shall not occur for a phase until all required public improvements for that phase are complete; and no construction for any phase shall begin until all public
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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 plats.
53. As-Built Plans : That prior to the issuance of a Certificate of Occupancy, the applicant shall provide certified as-built plans for building footprints, parking lots, street improvements, storm drainage systems and stormwater management structures, and all other impervious surfaces. The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88.
54. Temporary Traffic Signs : That the property owners shall be responsible for placement and maintenance of temporary regulatory signs prior to occupancy.
55. Vested Right : This Special Use Permit constitutes a site specific development plan establishing a vested right as provided by N.C.G.S. Section 160-185.1 and Appendix A of the Chapel Hill Land Use Management Ordinance.
56. Continued Validity : That continued validity and effectiveness of this approval shall be expressly conditioned on the continued compliance with the plans and conditions listed above.
57. Non-Severability : That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Ronald McDonald House.
This the 11 th day of March, 2013.
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RESOLUTIO B (Denying the Special Use Permit Application)
A RESOLUTIO DE YI G A APPLICATIO FOR A SPECIAL USE PERMIT FOR THE RO ALD MCDO ALD HOUSE EXPA SIO (PI 9788-54-5304, Project o. 12- 0004) (2013-03-11/R-6)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, for the Ronald McDonald House at 101 Old Mason Farm Road, proposed by the University of North Carolina at Chapel Hill, who is representing the Ronald McDonald House, on property identified as Orange County Property Identifier Number 9788-54-5304, if developed according to the Site Plan, with cover sheet dated November 18, 2011 and revised September 25, 2012, and the conditions listed below would not:
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 Land Use Management Ordinance;
3. Be located, designed, and 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 Land Use Management Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED THAT the Council hereby denies the application for a Special Use Permit for the Ronald McDonald House in accordance with the plans listed above and with the conditions listed below:
(INSERT ADDITIONAL REASONS FOR DENIAL)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for the Special Use Permit application for the Ronald McDonald House.
This the 11 th day of March, 2013.
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SUMMARY OF PLANNING BOARD ACTION
RONALD MCDONALD HOUSE SPECIAL USE PERMIT
Subject: Ronald McDonald House Special Use Permit
Meeting Date: November 20, 2012 Recommendation: Suzanne Haff moved and Amy Ryan seconded a motion to approve the Special Use Permit with an amendment suggesting that the applicant reduce the size of the internal courtyard in order to save as many trees as possible between the development and the Highland Woods neighborhood.
Vote: 7 - 0
Ayes: Del Snow (Chair), John Ager, Jason Baker, Deborah Fulghieri, Suzanne Haff, Melissa McCullough, Amy Ryan.
Nays: None
Prepared by: Del Snow, Chair, Chapel Hill Planning Board Gene Poveromo, Staff 44
SUMMARY OF TRANSPORTATION BOARD ACTION
Subject: Ronald McDonald House ZAA/SUP
Meeting Date: December 13, 2012
Recommendation: That the Council approve the resolution to approve the Zoning Atlas Amendment and Special Use Permit applications for The Ronald McDonald House with all of the current stipulations as worded.
That the Council considers adding the following stipulations to the Special Use Permit approval:
Stipulation: That the Bus Shelter improvements identified in the plan include lighting.
Vote: 5-0 Whit Rummel. Michael Parker, Chair, Max Bushell, Mark A. Stanton, Vice Chair, and Mirta Mihovilovic
Prepared by: Michael Parker, Chair, Garrett Davis, Staff
45
SUMMARY OF COMMUNITY DESIGN COMMISION ACTION
Subject: The Ronald McDonald House, Special Use Permit
Meeting Date: November 28, 2012
Recommendation: That the Council adopt Resolution A approving the application with conditions.
Vote: 8-0
Ayes: Dianne Bachman, Patric Le Beau, Laura Moore, Beth Mueller, Martin Rody, Whit Rummel, Amy Ryan, and Polly Van de Velde
Issues Raised: None
Prepared by: Polly van de Velde, Chair Kay Pearlstein, Staff
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SUMMARY OF BICYCLE AND PEDESTRIAN ADVISORY BOARD ACTION
Subject: Ronald McDonald House Expansion, 101 Old Mason Farm Road: Application for Special Use Permit (Project No. 12-0004)
Meeting Date: November 27, 2012
Recommendation: The Chapel Hill Bicycle and Pedestrian Advisory Board met on November 27, 2012 and reviewed the above referenced project. By unanimous vote, we recommend that the Council approve Resolution A provided within the staff report with the following recommendations:
• Add new stipulation regarding the current situation that the (relocated) proposed multiuse path be maintained by the property owner or its leasee
• That the proposed sidewalk on Old Mason Farm Road referenced in Stipulation #8 be constructed in a non-meandering fashion that also preserves as many trees as practicable
• That the Transportation Management Plan consists of monitoring and reporting bicycle usage/parking on the site; the applicant shall be responsible for providing additional bicycle parking spaces as needed if demand increases
Vote: 7 - 0- 1
Ayes: R. Dammers, K. Billy, J. Charles, G. Green, K. Langford, R. Magyar, T. White
Nay: None
Abstained: P. Neebe
Prepared by: Rainer Dammers, Chair, Bicycle and Pedestrian Advisory Board Ryan Mickles, Transportation Planner 47
TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 3/11/2013 AGE DA #7 EXECUTIVE SUMMARY
Title of Agenda Item: Consider Amending the Downtown Fire Limits and Applicable Restrictions. (O-2)
Council Goal: Champion Downtown
Background: North Carolina General Statue 160A-435 requires the Town to enact one or more ordinances that establish and define the fire limits of the town. These areas are historically inclusive of downtown areas of towns and cities, where buildings are close together or adjoining, and which create a conflagration hazard. The additional building regulations that accompany construction within this area are designed to protect a town or city from the devastating loss of its downtown from fire that might occur without more stringent regulations.
Historically, the fire limits established by the Town of Chapel Hill have been associated with zoning districts and has included all property within the once Central Business District (CBD), and more recently the Town Center (TC) zoning districts. The Town has facilitated discussions between staff and representatives from the Chapel Hill Downtown Partnership to discuss issues surrounding the fire limits and the options that might be available to continue to maintain the intent of the fire limit regulations, while also increasing opportunities for cost-effective and responsible development within our downtown. The results of this discussion have led to consensus that our current fire limits may be too comprehensive, resulting in over-regulation and potentially deterring development and redevelopment within portions of the downtown. Additionally, the current local ordinances for construction requirements within this area were, from experience, found to be misaligned with other state restrictions, causing confusion, frustration, and added expense to development and construction projects.
Recommendations: That the Council enact the attached Ordinance amending the Town Code to change the geographical boundaries of the Town's Fire Limits, and to change the building restrictions within these districts to reflect and align with the State Building Code for construction within the fire limits.
ATTACHME TS: Viewing attachments may require Adobe Acrobat . Staff Memorandum Ordinance New Fire Limits Designated Map of Effective and Proposed Fire Limits North Carolina General Statutes on Fire Limits and Districts North Carolina Building Code
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MEMORA DUM
TO: Roger L. Stancil, Town Manager
FROM: Dan Jones, Fire Chief Lance Norris, Public Works Director
SUBJECT: Amending the Downtown Fire Limits
DATE: March 11, 2013
PURPOSE
The purpose of this report is to recommend enactment of the attached ordinance that would make changes to the geographical limits of the Town’s Primary Fire Limits, and make changes to the building and safety requirements within the proposed new boundaries in an effort to simplify construction within the downtown area and promote development and redevelopment of property therein. BACKGROU D
North Carolina General Statue 160A-435 requires the Town to enact one or more ordinances that establish and define the fire limits of the town, which are generally the principal business portion of the town. These areas are historically inclusive of downtown areas of towns and cities, where buildings are close together or adjoining. The additional building regulations that accompany construction within this area are designed to protect a town or city from the devastating loss of its downtown from fire that might occur without more stringent regulations. This area established as the primary fire limits (with authority to create one or more separate secondary fire limits) is subject to more stringent regulations under the NC Building Codes, which generally restrict the erection, alteration, or relocating of a wood-framed building in the established fire limits. Additionally, the State Code restricts the establishment of any hazardous occupancy within the established limits.
DISCUSSIO
Historically, the fire limits established by the Town of Chapel Hill have been associated with zoning districts and has included all property within the once Central Business District (CBD), and more recently Town Center (TC) zoning districts. This basically encompassed property along the Franklin and Rosemary Street corridor from the Town limits to Henderson Street (Map provided in attachment).
In addition to the enhanced provisions required under the NC Building Code, the Town has enacted additional building requirements for buildings within the fire limits. These restrictions were enacted by ordinance and are found in Sec. 5-2 of Town Code (attached). In recent years, 49
these additional requirements from Town Code have created some frustration and confusion for property owners, contractors, and developers who were not familiar with the ordinance. In some cases, compliance with these additional restrictions have added to expense of construction within the designated area, and in some cases discouraged building improvements from occurring due to the added expense.
Recently, the Town has facilitated discussions with staff and representatives from the Downtown Partnership to discuss issues surrounding the fire limits and the options that might be available to continue to maintain the intent of the fire limit regulations, while also increasing opportunities for cost-effective and responsible development within our downtown.
The result of this discussion developed the following items for consideration;
• Reduction in the size of the Primary Fire District to include properties along the 100 block of E. Franklin Street and a small portion of the 100 block of W. Franklin Street (map attached). The buildings included in this area are of similar construction type and share common walls and property lines, which are descriptive of the type construction intended for the Fire Limits regulations to protect. • Creation of a Secondary Fire Limit to include buildings along the North side of W. Franklin Street from N. Roberson Street to the old Ham’s Restaurant building, currently being renovated for Mellow Mushroom. This block of buildings is again similar to the construction type and use as found in the proposed Primary Fire Limits and appropriate for protection by similar restrictions. Because, however, the area is not adjacent to the proposed Primary Fire District, a separate Secondary Fire Limit would need to be established to encompass this area. • Remove the additional Town Code requirements found in Sec. 5-2 and establish the requirements for construction within the fire limits, including the Primary and Secondary Fire Limits, as the NC Building Code, Appendix D- Fire Districts. RECOMME DATIO
That the Council enacts the attached ordinance to amend the area identified by the Town as the Primary Fire Limits; create a Secondary Fire Limits; and amend the Town building restrictions within these two fire limits.
50
A ORDI A CE AME DI G CHAPTER 5 OF THE CODE OF ORDI A CES O THE ESTABLISHME T OF FIRE LIMITS (2013-03-11/O-2)
BE IT ORDAINED by the Town of Chapel Hill as follows:
Section 1. Article I., Chapter 5 of the Town Code is hereby revised to read as follows:
“ARTICLE I. I GE ERAL
Sec. 5-1. Fire Limits designated by reference.
Pursuant to the laws of this state, in particular General Statute 160A-435, the fire limits of the Town shall be all of Town Center (TC) zoning districts as established in the Town of Chapel Hill Land Use Management Ordinance as of November 19, 2007 with the location and boundaries thereof as shown on the map accompanying amending said ordinance and which is designated the Town of Chapel Hill Zoning Atlas, together with any other proper ties re -zoned to a TC zoning district subsequent to November 19, 2007 . established as a primary and a secondary fire district with the location and boundaries thereof shown on the map attached as Exhibit 1 to this ordinance. Copies of said map shall be maintained by the Town’s Building Inspections Division and the Town’s Fire Marshal. Boundaries of said fire limits shall also be maintained as a feature in the Town’s geographic information system (GIS) and available for reference.
Sec. 5-2. Construction within fire limits.
The area lying within the primary and secondary fire limits of the town shall be subject to all of the provisions of Chapter 160A Article nineteen, Part 5, the General Statutes of North Carolina, including specifically, but not limited to, Sections 160A -435 and 160A-436 and 160A- 437 of said General Statutes, which are incorporated herein by reference and made a part hereof. , and subject to the further provision that within the fire limits of the town all buildings hereafter erected shall be of fire -resistant material, electrical raceways shall be of noncombustible metallic material or equivalent. All existing combustible woo d shall receive a thorough coating of fire - resistant paint and no frame or wooden building or wooden shingle roof shall hereafter be erected, altered, repaired or moved except upon a permit issued by the town inspections department and approved by the com missioner of insurance, as provided by state law. Construction within the fire limits will comply with the provisions set forth by the North Carolina State Building Code, Appendix D which has been adopted by the Town under Sec. 5-15 of this code. ”
Section 2. This ordinance shall become effective on March 11, 2013.
This the 11 th day of March, 2013. 51
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