MINUTES OF PUBLIC HEARINGS HELD BY THE CHAPEL HILL TOWN COUNCIL

MONDAY, APRIL 16, 1990, 7:30 P.M.

Mayor Howes called the meeting to order.

Council Members Julie Andresen, Joyce Brown, Joe Herzenberg, Alan Rimer, and Art Werner were in attendance. Council Member Roosevelt Wilkerson arrived at 7:47 p.m. Council Members Nancy Preston and James C. Wallace were unable to attend.

Also in attendance were: Assistant to the Mayor Lisa Price, Interim Town Manager Sonna Loewenthal, Assistant Town Manager Florentine Miller, Public Safety Director Cal Horton, Planning Director Roger Waldon, and Town Attorney Ralph Karpinos.

Mayor Howes reminded citizens that the week of April 16‑22 was Earth Week, and encouraged everyone to participate in some of the many events planned for this area during the week.

Mayor Howes introduced Coach Albert A. Dorrance and the UNC Women's Soccer Team. Mayor Howes said the Town is proud of the team, that it brings sports to the Town of Chapel Hill with dignity. It was pointed out that the seniors on this team had never lost a soccer game with the team. Mayor Howes gave the team members Town of Chapel Hill lapel pins.

The Pavilion SUP Modification

Interim Town Manager Sonna Loewenthal requested that agenda materials and attachments for the Pavilion Special Use Permit modification be entered into the record of the hearing. Mayor Howes concurred with the request.

Planning Director Roger Waldon said the Planning Board and Staff approve this request for modification. He said the current Special Use Permit covers two properties: one on Franklin Street, Phase I, for which this request for modification is being made; and one on Rosemary Street, Phase II. He said a Special Use permit was approved in 1987 for these two sites for mixed use; in 1988 the council granted an extension of time on the permit.

Mr. Waldon said the Phase I modification proposed a 5‑story building of office and commercial use of about 75,000 square feet, including a pedestrian plaza. The proposal also included a request that the Town modify its height regulations for this project alone, to allow for the proposed ornamental feature on the Franklin Street side of the building.

Mr. Waldon said the staff and Planning Board felt that the project would be a pleasing addition to Franklin Street, and would contribute to the visual character of the downtown area. He said the consensus was that the building would be less attractive without the ornamental feature.

Mr. Joe Hakan, President of Hakan‑Corley & Associates, the design firm representing the property developer, said that when he studied the needs for this area he found that a mixed use of office, commercial, and residential would be the right approach. He said he tried to present a more open and pedestrian‑oriented approach as Council had previously requested.

Mr. Hakan showed slides and described entrances and uses of the facility. He said the planning staff had asked him to articulate the walls more, that adding bay windows would be added to break up the facia of the building. He said the underground parking would provide about 154 spaces: the first floor having controlled access for the retail customers; the lower level being used for employee Parking and controlled access via the elevator in the mall. He said there would be some access for loading and unloading.

Mr. Hakan requested that the four findings of fact regarding conditions of approval be entered into the record of the hearing.

Council Member Andresen said the project was fine looking, that she was pleased by the design and attention to plaza space. She asked whether the facility would be owned by investors or sold to shops. Mr. Hakan said the intent would be to lease the spaces initially, subject to future changes.

Council Member Rimer asked what is the scale of this building compared to University Square. Mr. Hakan said this building is the same five stories, and maybe five feet higher, but the mass will seem smaller in area because of the exterior design.

Council Member Rimer said the Kimley‑Horn report and the staff report estimate that the percentage of trips to the site by automobile would be in the 70% range. He asked if this figure was high. Mr. Waldon said he tried to be conservative, adding the trip figure estimates might be high.

Council Member Brown said she was concerned about the traffic impact this project will have. She said there seems to be some variation between the different traffic charts provided. Mr. Waldon said he will address this when the project comes back to the Council.

Council Member Andresen asked what is the degree of permanence of the allocation of space. Mr. Hakan said the lessors will have long-term leases, but that there is flexibility built in to accommodate change, pedestrian traffic will flow well within the facility. Council Member Andresen said she hopes the facility will house a mix of retail.

Council Member Werner asked who is the principle audience for this facility. Mr. Hakan said alumni, visitors, and students. He said there will be a variety of shops; that he paid particular attention to the input the Streetscape project collected, as to what people want downtown.

Council Member Brown said there is a statement in the Comprehensive Plan encouraging developers to use energy conservation measures and reusable energy sources; and asked if the staff encouraged the use of renewable resources for this facility. Mr. Waldon said he's not sure the staff actively pursued this with the applicant. Mr. Waldon said the solar setback requirements have been met. Mr. Hakan said the State Energy Code mandated what had to be done in the building, and no further steps have been taken because of the feasibility and reliability of some of the devices. He said the building will use conventional heat pumps, and that outside air can be circulated in the system. Council Member Brown said she wants the project to include windows that open.

Council Member Werner asked how the two properties are linked. Mr. waldon said that any development on Phase II is bound by Phase I. Council Member Werner asked if Phase II will stay residential, or will a modification be requested later. Mr. Hakan said a design modification may be requested to better articulate the outside walls. Council Member Werner asked if there is a physical linkage. Mr. Waldon said the properties are not adjacent, and there is a sidewalk from Phase I to Phase II.

Mayor Howes asked about the possibilities of using the building which is currently on the site. Mr. Hakan said the old Belks building is totally impractical for this project, that parking is needed beneath, and levels cannot be added on top of the old building.

Bruce Guild, Planning Board Chair, said the Planning Board liked the proposed project. He said the Board was concerned about the height of the building, and the potential traffic impact on Rosemary Street.

Interim Town Manager Loewenthal said her preliminary recommendation was adoption of Resolution A approving the project.

Robert Joesting, an area resident, said he liked the design, noting that it appeared friendly and alive. He said he is unhappy that no residences are proposed in Phase I, and that the residences have dropped from 47 to 35 units. He said it is essential that a traffic signal be installed at the intersection of Church and Franklin Streets for pedestrians. He said he would rather see a change in the height limit ordinance to allow for architectural features on the height limit ordinance to allow for architectural features on the outside envelopes of buildings rather than this individual request. He said this project, if it had residences on the top two floors, would be a perfect model for downtown.

Ken Jackson, a Franklin Street merchant, commended the design group; said this is a beautiful project, it is what Franklin Street needs, especially in that area. He agreed there is a lot of pedestrian traffic in this area.

Council Member Andresen said she agreed that the Town might think about establishing an over‑height limit for buildings in the downtown area. She asked if this is a modification in the ordinance or an exception. Mr. Waldon said this request is for a modification of height regulations specific to this property and this plan. Council Member Andresen pointed out that the driveway onto Church Street does not align with the driveway entrance to Parking Lot #5. Mr. Waldon said the access to this project is two‑way and is slightly off‑set from the drive across Church Street. Mr. Waldon said he would prefer them to be aligned, but this was the best that could be done with the design of the project. Ms. Andresen asked what effect this project will have on Parking Lot #5. Mr. Waldon said there is parking provided on the facility site according to requirements, but use of the facility would surely increase the use of the parking lot.

Council Member Andresen asked if the refuse collection will be private. Mr. Waldon said yes, but that staff has requested that the location of a dumpster which could be serviced by a Town vehicle be shown on the final plan so that municipal collection can be provided if requested at a later time.

Council Member Andresen said she thinks the traffic light at Church and Franklin is important, and she requested a pedestrian signal as well. Mr. Waldon said he has little doubt that after this project is in use the traffic warrants for a signalized intersection can be met at this intersection. However, the warrants are not met now so the Town cannot require the developer to install the signal. Ms. Andresen asked staff to keep in mind that a pedestrian signal is needed there as well as a traffic signal.

Council Member Rimer asked if the garbage containers will be rollon/roll‑off containers. Mr. Hakan showed on the plan where the dumpster will be located. He said he had proposed a roll‑off compactor, but the Town can't service it and private collectors will. Council Member Rimer said some projects being approved now would require the Town to purchase new equipment if the Town were to collect the garbage, and he thinks this is an issue to be looked at.

Mr. Hakan said he accepts the conditions of approval.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Request to Close Unnamed Right-of-Way

Interim Town Manager Loewenthal described the right‑of‑way to be closed as a section of the 'alley' behind the houses which front on Stephens Street. She said the request is to close that portion of the right‑of‑way which crosses the corner lot of Stephens Street and Airport Road. She said closing this right‑of‑way will not deprive any parcel of access.

Russell McCormick said that a title search of his client's property at the corner of Airport Road and Stephens Street revealed a 1923 document indicating this Right‑of‑way from Airport Road to Columbia Street, across property already developed, then across this piece of land. He said the intent of the right‑of‑way was to insure that property owners on Stephens Street always had access to the rear of their property. He said that any development of this one piece of property will require the closing of this right‑of‑way.

Interim Town Manager Loewenthal recommended adoption of the Resolution as submitted.

Ms. Margaret Lloyd said this property was given by a Mr. Thompson, and suggested that if the right‑of‑way is closed, someone owes the Town money.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THIS ITEM TO THE MANAGER AND ATTORNEY.

The meeting adjourned at 8:51 p.m.