MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, MARCH 18, 1991 AT 7:30 P.M.

Mayor Howes called the proceedings to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, James C. Wallace, Arthur Werner and Roosevelt Wilkerson, Jr. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Development Coordinator J.B. Culpepper, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Ceremonies

Mayor Howes recognized Ellen Russell on behalf of Association for Retared Citizens, recognizing March as Mental Retardation Awareness Month. Ms. Russell emphasized the importance of accepting and supporting mentally retarded persons as valuable members of the community.

Mayor Howes recognized Nancy Sexton and Helma Kyle, representing the American Legion Auxiliary. Mayor Howes presented Ms. Sexton and Ms. Kyle with a proclamation recognizing the founding of the American Legion Auxiliary. He noted that the auxiliary honored the dead by remembering the living.

Chapel Hill Library SUP

Persons wishing to testify in the matter came forward to be sworn by the Clerk. Town Manager Horton requested that the agenda item and its attachments be entered into the record of the hearing. Mayor Howes concurred with the request.

Planning Director Roger Waldon noted that the library was one of the several uses proposed at the site. He briefly reviewed the site plan and the site surroundings. Mr. Waldon said the site plan called for one major entrance to the site, with a turnaround driveway leading to the front door of the library facility.

He also noted that emergency access from the parking lot would be provided through Michaux Drive.

Mr. Waldon noted that efforts had been made to protect the greatest possible number of trees on the site. He stated that the emergency and service vehicle access would be gated and paved, permitting bicycle and pedestrian access to the site. Mr. Waldon noted that several board representatives were in attendance to present their boards' recommendations concerning the application. He briefly reviewed individual board and commission recommendations, noting that all boards except the Transportation Board had recommended approval of the application. Mr. Waldon stated that the staff was recommending road improvements on Estes Drive to accommodate turning movements in and out of the site.

Josh Gurlitz, representing the applicant, said the planning staff report was lucid, thorough and balanced. He noted that the input of planning staff and the Capital Projects Team had been instrumental in bringing critical development issues to the table for discussion. He urged the Council to support approval of the application.

Planning Board Chairperson Bruce Guild said the Board had considered the application on March 5th, recommending approval of the request by a vote of 6-2. He noted that one member was not satisfied with the proposed location of the building, suggesting that it would be better located on the lower, flatter portion of the site. Mr. Guild stated that the Board had discussed access to the site extensively. He said that a motion to provide access from Michaux and Audubon Drives failed by a tied vote of 4-4. Mr. Guild said the Board was recommending a single point of access to the site.

Richard Palmer, Transportation Board Chairperson, said the Board had recommended non-approval of the application by a vote of 8-1. Mr. Palmer said the non-approval was based on concern about the safety and adequacy of access to the site. He noted that the Board found that provisions for left turns from the site onto Estes Drive, particularly for buses, were inadequate. Mr. Palmer noted that the Board did not offer any alternatives to the staff's circulation proposal. Council Member Andresen inquired whether the Board had similar concerns about right turn maneuvers from the site. Mr. Palmer said this was not a current concern, since buses did not make right turns out of the site.

Council Member Herzenberg inquired whether the Board considered left turns by buses from Franklin Street towards University Mall to be dangerous. Mr. Palmer said yes. Council Member Rimer inquired whether traffic modeling studies had been conducted on anticipated traffic increases. Mr. Palmer said that models had not been run, but the possibility of alternative accesses had been discussed.

Dana Staats, representing the Library Committee, said the Committee had unanimously recommended approval of the application.

Council Member Andresen inquired whether the Planning Board recommended a decelaration lane on Estes Drive. Mr. Guild said yes, noting that no specific length was specified. Council Member Rimer inquired whether the Board had considered traffic modeling as background for its discussions. Mr. Guild said no, noting that the major need was open access to the site. Council Member Werner inquired whether the salient issue was the number of incremental cars accessing the site or driveway location relative to the Estes and Franklin intersection. Mr. Guild said both matters were valid considerations. Council Member Werner inquired whether the traffic study anticipated a large number of incremental cars. Mr. Guild said he was uncertain. Council Member Preston suggested that the Council give consideration to Velma Drive as an alternate means of access to the site. She indicated that this might be a less disruptive alternative.

Mayor Howes requested that the Library Board of Trustees recommendation concerning the application be entered into the record of the hearing. He noted that the Board recommended approval of the application with conditions.

Town Manager Horton said his preliminary recommendation to the Council was the adoption of Resolution A.

Estelle Mabry urged the Council to continue to protect the integrity and character of individual neighborhoods. She said that extensive site access would be disastrous.

Ed Hinsdale, speaking on behalf of residents of Coker Hills, said he strongly supported the adoption of Resolution A. Noting that the residents of Coker Hills had supported the project since its inception in January, 1988, Mr. Hinsdale presented a petition from one hundred and seventy-eight residents opposing any proposal recommeding through traffic on the site. Mr. Hinsdale noted that Michaux Road was crooked and hilly, with no sidewalks. He expressed concern that library and cut-through traffic would increase traffic on Michaux Road tremendously. Mr. Hinsdale said such an arrangement would make it impossible for the Town to meet the legal finding concerning the upholding of public safety. He noted that the Coker Hills neighborhood had two major entrances, near the Estes Hills Elementary School, and at the corner of Franklin Street and Elliot Road. Mr. Hinsdale noted that there were a large number of high-traffic producing uses in the Elliot/Franklin area, including a bank, church. fire station, school bus stop and apartments.

Mr. Hinsdale expressed his strong support for the adoption of Resolution A, including the provision of a twelve foot wide fire lane. He stated that widening the lane to sixteen or twenty feet would waste money and necessitate the removal of additional trees.

Robert Mosteller expressed support for adoption of Resolution A. Mr. Mosteller expressed his opposition to through traffic to Michaux and Elliot Roads. Noting his concern for the safety of children in the area, he requested that the Council adopt Resolution A as presented.

Sondra Whaley, a resident of Michaux Road, emphasized the residential quality and quietness of the area. She noted that children in the area frequently played and rode in the street. Noting the poor sight distances on Michaux Road, she urged the Council not to provide alternate library access from Michaux Road.

Annie Neatbauk (?) said her family had chosen to live on Michaux Road due to its quietness and location. Ms. Neatbauk urged the Council not to consider the use of Michaux Road as a means of access to the library site. She noted that provision of such an alternate access would encourage use of Michaux Road as a cut through. Ms. Neatbauk urged the Council to make and keep the Town a progressive community while preserving its neighborhoods.

Earl Mitchell urged that bus routes were not cast in concrete. He said that routes could be changed as needs arose.

Martha Whittinghill, Chairperson of the Ruth Faison Shaw Memorial Committee, read a letter from a local foundation into the record of hearing. A copy of the letter is on file in the Town Clerk's Office. Ms. Whittinghill also read a statement from the Memorial Committee into the record, indicating that the Committee was withdrawing its request to maintain Ms. Shaw's house on the Pritchard Park site.

Berry Credle said he applauded the efforts of Michaux Road residents in preserving their neighborhood. Mr. Credle said he wished that quantitative evidence on surrounding roadways had been presented by advisory boards and commissions. He emphasized the need for significant roadway improvements at the Elliot and Estes intersections with Franklin Street.

Neva _____________, a resident of Clayton Road, said she looked forward to walking to the new library site. Noting that she respected earlier opinions of area residents, Ms. ____________ suggested that the Council consider providing access from the northern portion of the site.

Robert Joesting said he had mixed feelings about the library proposal. Mr. Joesting expressed concern that access to the library site would be denied to those not in motorized vehicles.

He also expressed concern about safety of elderly residents and children on the site. He stated that the proposed pedestrian path on the site was too steep for most people to traverse. Mr. Joesting also expressed concern that there was no commitment concerning bus access to the site. He also noted that there had not been discussion about the implications of increased pollution at the corner of Estes Drive and Franklin Street. Mr. Joesting said that there had not been an adequate public process to address library services or the project proposal. He requested that the Council delay or deny approval of the requested permit.

Council Member Andresen said the transportation study was both good and understandable. She noted that the consultant study had found that the level of service at Estes and Franklin was currently level F. She noted that this level of service would likely continue to deteriorate. She expressed hope that the Ruth Faison Shaw Memorial Committee would continue its search for a site in the Town. Council Member Andresen said she did not think that displacing traffic on the back side of the site would have a positive outcome. She also noted the importance of locating the facility driveway as far away as possible from the intersection of Franklin Street and Estes Drive. Council Member Andresen also expressed her support for an emergency fire lane with bicycle and pedestrian access. She inquired whether funding for books was included in the project proposal. Mr. Horton stated that some of the funding in the bond referendum package was for the provision of books in the new facility.

George Alexis, transportation consultant for the library project, noted that traffic projections by the Town staff were very similar to those of his firm. Council Member Andresen inquired whether the consultant was aware of Town staff recommendation prior to formulating their recommendations. Mr. Alexis said yes, adding that some staff recommendations had been taken into account when performing a traffic analysis of Estes Drive and Franklin Street.

Town Manager Horton stated that the staff recommendation was to add one lane to Estes Drive and make intersection turning improvements.

Mr. Alexis noted that roadway improvements recommended by the Town staff were depicted in figure eight of the consultant's report.

Council Member Wallace noted that a slight adjustment was proposed on the Collier-Cobb side of Estes Drive, while more involved adjustments were proposed on the other side of the street. He inquired about the status of Estes Drive/Franklin Street intersection improvements. Mr. Horton stated that no changes were proposed along Estes Drive other than the addition of a turn lane. Mr. Horton added that a "pork chop" island would also be added to prevent left turns out of the Texaco service station.

Council Member Rimer expressed regret that the Ruth Faison Shaw Committee was withdrawing its proposal for siting Ms. Shaw's house on the Pritchard Park property. He inquired whether it was possible to move the proposed fire access lane further east toward Velma Drive. Referencing the project entranceway, Council Member Rimer said that a slight relocation would only necessitate the removal of four, rather than ten, trees. Project architect Josh Gurlitz said he had a number of on-site with the Town's urban forester to evaluate tradeoffs between roadway alignment and tree preservation. Mr. Gurlitz stated that the road had been aligned to save the most and best trees.

Council Member Brown inquired whether the Planning and Transportation Boards were making their first comments to the Council on the library project proposal. Mr. Horton said that the boards had partially reviewed the proposal within the context of the capital improvements program and bond referenda. He added that the staff could further research past library site discussions by the two boards. Council Member Brown noted the continuing importance of board and commission input on development proposals. She expressed appreciation for the thoroughness of board reviews. Noting the potential enhancement value of Ms. Shaw's house, Council Member Brown expressed disappointment that the Ruth Faison Shaw Committee was no longer pursuing a location on the Pritchard Park site. Mr. Horton noted that the Council still had the option to modify the special use permit in the future to accommodate Ms. Shaw's house. Council Member Brown said she was interested in keeping such possibilities open.

Council Member Preston expressed her concurrence with Council Member Brown's remarks concerning the location of the Shaw house. She stressed the need to address intersection improvements at Estes and Franklin and Elliot and Franklin. Council Member Preston also noted the need for alternative access to the library property.

Council Member Herzenberg said that many dozens of meetings had been held by the Library Board of Trustees, Library Committee, and other interested community organizations concerning the proposed library facility. He also noted that there had been a great deal of public comment on the general nature of provision of library services in the community. Council Member Herzenberg stated that potential access problems to the site had been known for a long period of time.

Council Member Werner said that the Town found itself in the awkward dual role of applicant and regulator. Council Member Werner said the Council had no intention of opening another automobile access point to the Pritchard Park site through the Coker Hills neighborhood. He also expressed disappointment that the Ruth Faison Shaw Committee was withdrawing its siting proposal.

Council Member Werner expressed hope that the Committee would continue working with the staff to identify a suitable site within Pritchard Park.

Council Member Wilkerson noted that the Pritchard Park site was intended for uses other than a library facility. He expressed hope that the Council would not receive its earlier decision concerning access to the site and improvements to Estes Drive.

Mayor Howes noted that the Council had previously guaranteed that automobile access to the Pritchard Park site would not be provided through the Coker Hills neighborhood. Mayor Howes said that the Library Committee had evaluated numerous changing details about the site, including access. He noted that a number of alternatives concerning access from Franklin Street had been discussed. Mayor Howes expressed hope that the Council could move ahead with the library site plan proposal as soon as possible.

Acting in the capacity of applicant, Town Manager Horton expressed the Town's willingness to accept the proposed conditions of approval.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO RECESS THE PUBLIC HEARING TO APRIL 8TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Transportation Improvements Program

Planning Director Roger Waldon briefly reviewed the proposed program for roadways, bikeways and transit projects and the process for forwarding recommendations to State transportation officials.

Mr. Waldon said the proposed program emphasized park and ride lots, strategic road widening and intersection improvements, and the inclusion of bicycle lanes. He noted that continuation of existing transit levels was recommended. Mr. Waldon said the staff recommended that the Council hear comments on the proposed program this evening.

Mayor Howes noted that this evening's hearing was the first on the proposed program.

Betty Margison, representing the Northwood Homeowner Association, urged the Council to establish the widening of N.C. 86 between Homestead Road and Interstate 40 as its first roadway priority. Ms. Margison also said that it was more reasonable to improve Eubanks Road than Weaver Dairy Road as a principal northern roadway. She urged the Council not to extend the existing Weaver Dairy Road to the west or south.

Dick Terry suggested that the Council consider identifying the widening of Estes Drive to Carrboro as a priority project. He suggested that bicycle racks be provided on local buses. Noting his concern about the need for safe cycling, Mr. Terry suggested that the Town consider establishing a monthly remedial education course in bicycling as means of enforcing bicycling regulations.

Council Member Andresen inquired whether Mr. Terry would be satisfied with an off-site asphalt bicycle path on Estes Drive, if funding were not available for widening of the roadway. Mr. Terry said that anything would be better than the existing situation. He noted that the safest bicycle lanes were part of the roadway.

Council Member Andresen said she liked the idea of a remedial bicycle school as a positive alternative to traffic court. Council Member Brown inquired whether bicycle racks on buses were provided in other communities. Mr. Terry responded that some communities on the west coast provided such facilities. He suggested that the provision of bicycle lockers at park and ride lots would also be a good idea. Council Member Rimer said it was refreshing to hear Mr. Terry's positive suggestions and thoughts.

Planning Board Chairperson Bruce Guild stated that the Board had recommended that the Council adopt the Manager's recommended program.

Council Member Preston requested that the staff provide an elucidation of differences between the Transportation Board and Manager's recommendations.

Council Member Andresen noted that she had a number of questions concerning the Manager's proposed roadway priorities, including the proposed improvements to South Columbia Street and intersection improvements at Franklin Street and Raleigh Road. She also inquired about the North Carolina Department of Transportation's position on the proposed southern loop roadway.

Council Member Brown noted that she was concerned about the proposed inclusion of South Columbia Street and Weaver Dairy Road Extension in the Transportation Improvements Program. She inquired whether the cost of land was included in the cost of the proposed Interstate 40 park and ride lot. Mr. Bonk said yes, noting that design and construction costs were also covered in the total.

Council Member Werner inquired about the disposition of improvements to Dobbins Road. Mr. Horton responded that projects such as Dobbins Road, near the bottom of the priority listing were very rarely funded. Council Member Wallace stated that the State Department of Transportation had repeatedly argued in favor of Lystra Church Road or Jack Bennett Road as a thoroughfare in northern Chatham County.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER COMMENTS TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Phi Kappa Sigma Special Use Permit Request

Town Manager Horton requested that the agenda materials be entered into the record of the hearing.

Development Coordinator Jennie Bob Culpepper briefly reviewed the site plan and application. She noted that there were no parking provisions were provided on the site, and none was proposed. Noting that the Historic District Commission had recommended approval of the project to the Council, Ms. Culpepper stated that the staff recommendation was to approve the request for a special use permit.

Robert Page, representing the applicant, noted that the house had burned prior to purchase by the fraternity. Mr. Page said that project financing had the support of the local fraternity chapter and alumni. He noted that University fraternities took a great deal of priority of renovating and maintaining properties in the big fraternity court.

Rex Todd thanked the staff for its thorough job on all project criteria. Mr. Todd said he was excited about the reuse of an older structure.

Scott Smith, President of the local chapter of Phi Kappa Sigma,

said that the fraternity currently had the highest grade point average of any such organization on the University campus. Mr. Smith noted that the fraternity was involved in a number of civic activities including the periodic clean-up of old N.C. 86 and volunteering at the community shelter. He also noted that the fraternity members had cleaned up the site around the property during a recent weekend. Mr. Smith requested that the Council approve the fraternity's request for a special use permit.

Planning Board Chairperson Bruce Guild said the Board had considered the request at its March 5th meeting and had recommended approval of the request by a vote of 7-1.

Town Manager Horton said his preliminary recommendation was the adoption of Resolution A.

Council Member Andresen said it was pleasant to see a fraternity with a good deal of pride in the community. She noted parking on some residential streets might cause some problems. Council Member Andresen thanked the fraternity for its recent work in cleaning up the site.

Council Member Brown said she welcomed the building renovation and the addition of new neighbors in her neighborhood. She inquired whether students would be eligible for neighborhood parking stickers. Mr. Horton indicated that residents would not be eligible for such permits. Council Member Herzenberg inquired about the ownership and enforcement of regulations in a parking lot close to the subject property. Town Attorney Karpinos indicated that the University most likely owned and enforced regulations in the lot. Noting that parking in the area was complicated, Mayor Howes suggested that these functions were best left to University, rather than Town authorities. Council Member Brown noted that she had seen abandoned cars in the parking lot.

Mr. Page said the applicant understood and accepted the proposed conditions of approval.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER COMMENTS TO THE MANAGER AND RECESS THE HEARING TO APRIL 8TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Lambda Chi Alpha Special Use Permit Modification Request

Development Coordinator Jennie Bob Culpepper said that the applicant was requesting a modification of the starting time limit for construction activity. Ms. Culpepper stated that the applicant was in the process of fund-raising for the project. She also noted that the applicant had received a certificate of appropriateness for renovations and additions from the Historic District Commission. Ms. Culpepper said that the applicant was not in attendance this evening.

Planning Board Chairperson Bruce Guild said the Board had reviewed the request and found it to be reasonable. Mr. Guild said the Board had recommended approval of the request to the Council.

Town Manager Horton said his preliminary recommendation was the adoption of Resolution A.

Council Member Werner inquired whether this type of request could be handled administratively. Mr. Waldon said no. Council Member Werner suggested that the staff explore changing the procedure to an administrative one for these types of requests. Council Member Rimer expressed his concurrence in suggesting a possible ordinance amendment. Mayor Howes said it appeared reasonable to conclude that the applicant concurred with proposed conditions of approval.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER COMMENTS TO THE MANAGER AND RECESS THE HEARING TO APRIL 8TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Howell Office Buildings Special Use Permit Modification

Development Coordinator Jennie Bob Culpepper briefly reviewed the request, noting that a number of changes had been made to the Development Ordinance subsequent to project approval in 1984.

Ms. Culpepper said that the Manager's preliminary recommendation differed slightly from the Planning Board's recommendation.

Council Member Andresen inquired about the difficulty of the applicant's compliance with current buffering regulations. Ms. Culpepper responded that it would not be difficult to meet the standards with additional plantings on the site. Council Member Werner inquired about the rationale for type b buffering along Franklin Street. Ms. Culpepper responded that the intention was to accommodate the phasing of two buildings on the site.

Noting his letter of request to the Council on page fourteen of agenda materials, Dennis Howell, the applicant, requested that the Council adopt the Planning Board recommendation, Resolution B, approving his modification request.

Planning Board Chairperson Bruce Guild said that the Board was recommending an extension to January, 1993, based on current market and economic conditions.

Town Manager Horton said his preliminary recommendation was the adoption of Resolution A, with an outermost time limit of January 31, 1993, and alternative extension deadlines of April 8 or January 31, 1992. Council Member Preston inquired why January 31st was identified as a possible date. Mr. Horton said this was based on the original expiration date. Council Member Preston inquired whether the applicant had to wait until sixty days prior to expiration to apply for an extension. Mr. Horton responded that this limit had some flexibility built in, but some limits were necessary to assure the smooth flow of development applications.

Council Member Werner suggested that the Council consider approving the longest time extension, as requested by Mr. Howell.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY, AND RECESS THE HEARING TO APRIL 8TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).