MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, OCTOBER 1, 1990

Mayor Howes called the hearing to order, noting that the Council would take no official action this evening, other than to refer matters to the Town Manager and Attorney for future follow‑up. Mayor Howes also reminded citizens that October 8th was the last day for voters to register for the November, 1990 general elections.

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer and Arthur Werner. Council Members James C. Wallace and Roosevelt Wilkerson, Jr., were absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

One and Two‑Family Residence Development Ordinance Text Amendment

Planning Director Roger Waldon noted that several duplexes had recently been constructed that could be interpreted as duplexes or rooming houses. Mr. Waldon said that applications for rooming houses require notice to neighbors and consideration of floor area ratios, while duplex applications do not have these requirements. He showed several slides depicting large duplex projects. Mr. Waldon stated that the staff was proposing several changes to existing development ordinance requirements for duplexes. Mr. Waldon briefly reviewed proposed changes to the regulations, particularly thresholds on the number of bedrooms permitted and changes to the definition of rooming house, based on the developer's intent. He noted that non‑conforming situations could continue to operate, but could not be expanded.

Council Member Werner inquired about existing regulations pertaining to duplexes other than site plan review. Mr. Waldon noted that duplexes are exempt from floor area ratio standards. He said that rooming houses must meet floor area standards. Mr. Waldon added that parking regulations apply to both duplex and rooming house projects.

Planning Board Chairperson Bruce Guild noted that the Board had been divided in its recommendation in this matter. Mr. Guild cited the concern of some Planning Board members relative to difficult of regulatory enforcement and potential impacts on traffic in the downtown area. Mr. Guild concluded by noting that the Planning Board recommended against enactment of the proposed text amendment. Town Manager Horton said his preliminary recommendation was adoption of proposed changes to the Development Ordinance.

Robert Joesting said he had resided in the Northside neighborhood for over six years. Mr. Joesting urged the Council to adopt the proposed ordinance amendments. He stated that the shortage of lowcost housing alternatives needed to be addressed in a timely manner.

Estelle Mabry, 505 Pritchard Avenue, stated that enactment of the ordinance amendment might address some existing noise and other problems relating to large duplexes in the Northside neighborhood. She passed photographs of existing duplex situations to Council Members.

George McCarthy said that the Town currently had a surplus of rental housing. Mr. McCarthy stated that typical rooms in multifamily units rent for $300 per month, while two bedroom apartments cost $400 to $450 per month. Mr. McCarthy urged the Council not to address the needs of transient residents at the expense of permanent Town residents.

R.D. Smith said he had counted twenty‑five automobiles parked in front of two duplexes on Caldwell Street on September 30, 1990. Noting that he had lived in the Northside neighborhood since 1942, Mr. Smith urged the Council to preserve the unique character of the area.

Margaret Taylor, President of the Alliance of Neighborhoods, said that adoption of the proposed text amendments would be an important step in improving the livability of central neighborhoods. Ms. Taylor stated that staff at the Institute of Government had indicated the construction of large duplexes was an almost universal condition in college and university communities. She expressed a desire for greater University involvement in the provision of off‑campus housing alternatives. Ms. Taylor said the current situation provided an ideal vehicle for public‑private cooperation. She urged the Council to preserve central neighborhoods by adopting the proposed text amendments.

Katherine Ward, a resident of Pritchard Avenue, said that four new boarding houses had been constructed in her neighborhood in the past five years. Ms. Ward distributed photographs of her neighborhood to the Council. She said that the boarding house/duplex created acute parking problems in the area. Ms. Ward requested that the Council protect the Northside neighborhood for all current and future residents.

Velma Perry said she had resided in the Northside neighborhood for over sixty years. Ms. Perry stated that she had recently observed a marked increase in the number of homes being converted to rooming houses. She noted that it was increasingly difficult to traverse area streets due to the number of automobiles parked in the area. Ms. Perry urged the Council to preserve the integrity of the Northside area as a neighborhood for families.

Pete Thorn, President, Capricorn Construction Company, stated that the University is unable to provide all the necessary affordable housing for its students. Mr. Thorn said that the Roberson Walk project provides an affordable housing alternative for graduate and professional students, while exhibiting sensitivity to the existing neighborhood. He stated that the units are energy efficient and provide amenities requested by graduate and professional students. Mr. Thorn expressed concern that the proposed text amendment would make it impossible to construct large duplex units. Mr. Thorn noted that it is currently very difficult to finance projects of this type under current regulations. He urged the Council not to confuse the protection of the Northside and other neighborhoods with the need for construction of new duplex units.

Martin Feinstein, 400 Coolidge Street, outlined the case history of a recent large‑scale construction project in his neighborhood. Mr. Feinstein said he relied on provisions of the Town's Zoning Ordinance to protect his housing investment. He stated that the project would locate two five‑bedroom homes on a single lot in his neighborhood. He expressed concern that ten more cars would add to the congestion of twenty‑three foot wide Coolidge Street. Mr. Feinstein expressed his gratitude to the Town Planning staff for their assistance to date with his concerns.

Scott Tyrell, a resident of Ashley Forest, stated that many students had been crammed into very small areas of his neighborhood. Mr. Tyrell expressed concern about the very dense nature of the Rebel Run condominium project. He stated that the area has insufficient parking and is very noisy and crowded. Mr. Tyrell said that the proposed ordinance did not go far enough in addressing existing problems.

Joe Capowski, 404 Coolidge Street, requested Council approval of the proposed development ordinance text amendment. Mr. Capowski expressed concern about the construction of two "single‑family" five‑bedroom homes on a 0.4 acre lot in his neighborhood. Mr. Capowski noted that an existing loophole in the Town's zoning ordinance permitted the construction, despite the fact that the area is zoned R‑2. Mr. Capowski requested that the Council close the loophole by adopting the proposed text amendment.

Dennis Bradshaw expressed concern about the ambiguity of development ordinance language pertaining to group homes. Mr. Bradshaw requested that the Council ensure that group homes could continue to be constructed and sited in the future.

Sonny Karl, 403 Pritchard Avenue, said she enjoyed the diversity of her neighborhood. Ms. Karl stated that she did not care for existing noise, automobile and refuse problems created by very dense development in the area. Ms. Karl stated that rental of individual rooms for $300 per month is not affordable housing. Ms. Karl expressed hope that the Council would enact the proposed amendments to provide additional protection to the Town's neighborhoods.

Arthur Finn, a resident of Hillsborough Street, said the issue at hand boiled down to a trade‑off between the money made by developers against the value of existing properties. Mr. Finn requested that the Council support proposed ordinance changes.

Council Member Andresen requested that the staff provide a summary of how to address non‑conforming uses in its follow‑up report to the Council. Council Member Andresen also inquired how group homes would be potentially impacted by the proposed amendments. Mr. Horton responded that group homes would not be affected by the proposed regulatory changes. Council Member Herzenberg requested that the staff address parking on lawns in its follow‑up report. Mayor Howes inquired when the item would be returned for Council consideration. Mr. Horton said alternative proposals would be presented at the Council's October 29th meeting. Mayor Howes thanked all parties who had addressed the Council this evening.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Northside Neighborhood Plan Amendment

Planning Director Roger Waldon noted that the Town staff was in the process of putting together a package of ideas to address specific concerns of Northside residents. Mr. Waldon stated that the proposed amendment would formally designate the neighborhood as an area in need of protection. Mr. Waldon showed an exhibit map depicting the area proposed for conservation. He read the proposed language amendment, as follows, into the record of the hearing:

"The Northside Neighborhood in particular is a unique and vulnerable community in Chapel Hill. It is among the oldest neighborhoods in the Town. From its beginning it has provided homes for the moderate income people of Chapel Hill. It is the only residential district adjoining the Town Center which does not have historic district protection. It has a particularly rich mix of people living in it. For these reasons, the Northside Neighborhood is designated a Conservation Area.

The intent of designating Northside as a Conservation Area is to preserve the singlefamily residential character of the neighborhood. It is further the intent to preserve the distinguishing features and the character of the area.

Development that occurs in a Neighborhood Conservation Area should be of a scale and design similar to the one and two‑story existing structures in the neighborhood. Non‑residential uses are strongly discouraged. Large parking areas are similarly discouraged; if parking areas are to be developed, they should be heavily screened from public streets and walkways. All development should place emphasis on pedestrian movements. "

Planning Board Chairperson Bruce Guild stated that the Board had considered the proposed amendment on September 18th. Mr. Guild noted that the Board recommended approval of the amendment, with the exception of one dissenter who felt the amendment would do nothing to address problems of the downtown area. Town Manager Horton said his preliminary recommendation to the Council was the adoption of the proposed ordinance amendment.

R.D. Smith said he welcomed the proposed text amendment. Mr. Smith requested that the Council protect the residential character of the Northside neighborhood.

Claire Baum urged the Council to protect the character and integrity of downtown neighborhoods.

Estelle Mabry thanked the Council and Planning staff for the proposed amendment. Ms. Mabry requested a change in the proposed Northside protection boundary. She also noted that constructing high‑density apartment complexes on the periphery of the area was a bad idea.

Robert Joesting expressed hope that the Council would support the proposed ordinance amendment in order to maintain the fragile balance of the neighborhood's unique mixture.

Larry Ohms stated that the Northside neighborhood should be upzoned for denser development. Mr. Ohms urged the Council to plan for denser development in the downtown area to address future need.

Peter Kernan, a resident of Pritchard Avenue, urged the Council to protect the unique character of the Northside neighborhood. Mr. Kernan requested the Council not to encourage overdevelopment.

Council Member Andresen noted that most of the Northside area is currently zoned R‑4. She suggested that the area could be rezoned R‑2 to achieve greater protection. She added that more greenways could also be established in the neighborhood.

Council Member Rimer noted that there was no specific recommendation in the staff's report to the Council. Council Member Rimer inquired whether the staff was recommending the establishment of higher densities in the area. Mr. Waldon said the objective of the staff was to encourage people to live within walking distance of the downtown in balance with conserving the existing neighborhood. Council Member Rimer noted that while the Chancellor Square project had won planning awards, it was not greeted receptively by Northside residents.

Council Member Preston inquired whether higher density and transitional uses would be proposed along Rosemary Street. Mr. Waldon responded that many possible ideas would be outlined in the staff's follow‑up report to the Council.

Council Member Herzenberg noted that the proposed change offered little more than some nice words. Council Member Herzenberg noted the need for continued vigilant efforts to protect the character of the Northside area. Council Member Brown requested that the staff provide examples of conservation districts and their expected benefits in the follow‑up report to the Council.

Mayor Howes stated that the Northside neighborhood offers one of the richest mixes of land uses and densities of any area in the Town. Mayor Howes added that the neighborhood has many very unique and quality components.

R.D. Smith stated that he was on the Town's Board of Aldermen at the time of the Chancellor Square application. Mr. Smith said that existing regulations did not provide for adequate parking provisions. He stated that Lindsay Street consequently caught the brunt of this overflow traffic. Council Member Rimer inquired how the Chancellor Square project was working in concert with the Northside neighborhood. Mr. Smith said that the installation of no parking signs had mitigated some concerns as had the establishment of a public housing project next to Chancellor Square.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Establishment of Low‑density Residential District

Planning Director Roger Waldon stated that the proposed new category, R‑2a, would fall between the Town's existing R‑1 and R-2 zoning districts. Mr. Waldon said that the formulation of the new zoning district designation was recommended to the Council.

Planning Board Chairperson Bruce Guild said the proposed amendment was favored by the Board. Mr. Guild stated that the sole dissenter felt there were too many designations in the Town's current zoning ordinance.

Philip Sullivan, a member of the Oaks Villas Board of Directors, said he strongly recommended the Planning Board's recommendation to the Council. Mr. Sullivan said the proposed zoning category would offer reasonable protection to his neighborhood now and in the future.

Robert Leopold said he was very comfortable with the proposed provisions for R‑2a zoning.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

R‑2a Zoning Atlas Amendment

Planning Director Roger Waldon noted that the R‑2a designation was applicable for uses in areas such as the Oaks Villas subdivision. Mr. Waldon added that this classification would closely match one of Durham County's zoning classifications.

Planning Board Chairperson Bruce Guild noted that the Board had unanimously concurred in recommending the proposed atlas amendment to the Council.

Philip Sullivan said he strongly supported the Planning Board's recommendation.

Mayor Howes noted that the item would return for Council consideration on October 29th.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Rezoning of Parrish Property

Planning Director Roger Waldon stated that a representative of the Parrishes had sent a letter to the Council, seeking consideration of rezoning for their properties on NC 54. Mr. Waldon noted that the owner was seeking neighborhood commercial zoning for these two parcels. Mr. Waldon said that the staff did not recommend this designation. Mr. Waldon noted that the parcels had been previously zoned highway commercial within the context of Durham County zoning regulations. Mr. Waldon stated that the owner had the option of applying for conditional use rezoning.

Planning Board Chairperson Bruce Guild noted that the Board recommended that the Council approve the requested rezoning of the Parrish property from Residential‑2 to Neighborhood Commercial. He added that the two dissenters felt that the entire area should be R‑2 and that it would be preferable to have the property continue as a nonconforming use in a residential zone.

Town Manager Horton noted that his preliminary recommendation was to deny the proposed zoning atlas amendment to change the zoning of the Parrish property from Residential‑2 to Neighborhood Commercial.

George Tyson, representing Vernon and Emmy Parrish, said this matter involved legal, practical and moral considerations. Mr. Tyson stated that the individual renting the Parrish's building had gone bankrupt. He added that four persons had contacted him in the past year inquiring about the possibility of renting the property for commercial purposes. Mr. Tyson noted that the income from the property served as a personal individual retirement account for Mr. and Mrs. Parrish.

Mayor Howes inquired whether there were any other speakers on this matter. There were no additional speakers.

Council Member Rimer inquired how a service station had been recently approved along the NC 54 entranceway corridor to the Town. Mr. Waldon noted that this project had been approved by Durham County prior to its annexation to the Town.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Historic District Language Clarification

Planning Director Roger Waldon stated that a current Statutory reference was incorrect due to recent regulatory changes by the State Legislature. Mr. Waldon noted that the staff was recommending the incorporation of new language to remedy this situation.

Planning Board Chairperson Bruce Guild said the Board had unanimously concurred with the proposed language change.

Town Manager Horton said his preliminary recommendation was to adopt the amended language.

Mayor Howes inquired whether there were any speakers on this matter. No one requested to speak on this matter.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

Certificates of Improvement

Planning Director Roger Waldon stated that the staff was recommending the addition of clarification language to its surety instruments.

Planning Board Chairperson Bruce Guild said the Board had recommended adoption of the proposed ordinance amendment by a vote of 6‑4. Mr. Guild said the dissenting voters were uncertain about who the proposal would protect.

Town Manager Horton said his preliminary recommendation was adoption of the proposed amendment.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

The hearing concluded at 9:50 p.m.