MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, JUNE 17, 1991, 7:30 P.M.

Mayor Pro Tem Preston called the hearing to order.

Council Members Joyce Brown, Joe Herzenberg, Art Werner, and Roosevelt Wilkerson were in attendance. Mayor Howes, Council Member Julie Andresen and Council Member Alan Rimer were absent excused. Council Member James C. Wallace was absent. 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, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Item 1 - Ceremony

Mayor Pro Tem Preston introduced Dr. Andy Mueleneaer. She said Dr. Muleneaer served in the Persian Gulf war, and would share some of his experiences with the audience.

Dr. Mueleneaer showed slides of the sites where he worked and lived in the Middle East. He said the main purpose of his assignment was to see that adequate food and sanitation were available for the prisoners of war. He said his unit eventually took care of approximately 22,000 prisoners of war.

Mayor Pro Tem Preston presented Dr. Mueleneaer with a lapel pin emblazoned with the Town seal. Dr. Mueleneaer thanked Town residents for their support of his family during his overseas military service.

Item 2 - BP Oil Service Station Special Use Permit

Mayor Pro Tem Preston introduced the item and requested that those wishing to testify come forward to be sworn by the Clerk.

Town Manager Horton requested that the agenda materials be entered into the record of the hearing. Mayor Pro Tem Preston concurred with the request.

Planning Director Roger Waldon briefly described the project proposal. He noted that the main structure on the site would be a convenience store with a one-bay car wash. Mr. Waldon stated that sidewalk installation along Weaver Dairy Road was one of the conditions of approval for the Timberlyne Shopping Center. He said that the staff was recommending that the Council require the developer to install sidewalk along Kingston Drive. Mr. Waldon said that alternate buffers would most likely be the most effective strategy along Kingston Drive. He briefly recommended conditions of approval for groundwater protection and other special requirements. Mr. Waldon said the proposal had been one of the first proposals to benefit from review by the Design Review Board. He stated that the Manager's preliminary recommendation was approval of Resolution A.

Julian Raney, representing the Planning Board, said that the Board had met on June 4th and had voted unanimously to recommend approval of Resolution A. He noted that one member of the Board had expressed concern about the proposed driveway location proximate to Kingston Drive.

Jack Smyre, representing the applicant, said the Design Review Board process had benefited the application, particularly reducing the time spent before the Planning Board. Mr. Smyre said the store contained 1,152 square feet including restrooms and mechanical areas. He said that the facility was intended as a neighborhood gas station, not intending to draw traffic from Interstate 40. Mr. Smyre said the proposed building architecture would blend in with the Timberlyne area. He noted twenty-four hour per day operation of the station was proposed. Mr. Smyre said that this arrangement would provide maximum security of the premises.

Town Manager Horton said his preliminary recommendation was approval with conditions, as outlined in Resolution A.

Charles Waterson expressed concern that neighborhood residents had not been notified of the proposed project earlier in the process.

Mr. Waterson said neighborhood residents did not concur that the proposed facility was a neighborhood service station, since there were would not be any service bays or mechanics at the facility. He also said that the proposed exterior design for the facility was not consistent with other design in the Timberlyne area.

Mr. Waterson stated that the applicant's traffic impact study was not broad enough in scope and did not adequately consider traffic impacts on the surrounding neighborhood. He noted that although Kingston Drive was forty-one feet wide at Weaver Dairy Road, it eventually narrowed to a collector street only twenty feet wide, with twenty-eight residential driveways.

Pam Freese said the proposed project not maintain the health or safety of neighborhood residents. Ms. Freese stated that ninety-five percent of Kingston Drive was designated as a Class A road and had already exceeded its capacity. She also expressed concern that additional traffic on Kingston Drive would jeopardize the safety of pedestrians and school children in the area, since no sidewalks are located along the roadway. Ms. Freese expressed concern about the potential of robberies at the service station. She also expressed concern that the station would dispense liquor to customers. Ms. Freese said the neighborhood residents were opposed to the proposed location of the facility.

James McEnery said he had nothing to add to Mr. Waterson and Ms. Freeze's remarks.

Dr. Marc Rhoads expressed concern about the proximity of the proposed service station to an existing day care facility on Kingston Drive.

Rebecca Markely, a resident of Balsam Court, requested that concerned neighborhood residents please stand. Neighborhood residents stood to be recognized.

Howard Freeland said that there were currently four other service stations in the proximity of the proposed facility, with another similar facility planned in the Chapel Hill North development. Mr. Freeland questioned the need for another service station facility in the Timberlyne area.

Council Member Werner expressed concern that this evening's hearing appeared to be the first time that some of the possible project's neighbors had been involved in the review process. Council Member Werner said he did not oppose delaying the application review to accommodate neighborhood additional involvement in the review process. Mr. Waterson noted that a primary notification impediment was that lots within the notification radius were either vacant or commercial businesses.

Council Member Werner inquired about the flow of stormwater drainage. Mr. Waldon said that stormwater would generally flow to the southeast of the site. Council Member Werner requested a better analysis of proposed condition number twenty-four since runoff from service station was much more severe than from an office building. He also suggested that the Council place a limitation on the closing hour of the convenience store, as had been done for a similar facility in the Chapel Hill North development. Council Member Wilkerson expressed his concurrence with stipulating a closing hour for the establishment, since the surrounding neighborhood had safety interests also during the hours of operation. Council Member Wilkerson requested follow-up information on the impact of runoff on the pond across the street from the project. Council Member Wilkerson also noted that there was a cut-through in the area which had not been included in the traffic impact analysis.

Council Member Brown requested a more detailed traffic impact study for the project. Council Member Brown also requested an analysis of how nearby water supplies might be affected by the project. Council Member Brown said she supported limiting hours of operation.

Council Member Herzenberg requested that the Manager provide recommendations for improving the notification process for projects impacting nearby neighborhoods. He also requested information on how close the proposed facility was to one in Chapel Hill North.

Mayor Pro Tem Preston inquired why the proposed driveways accessed Timberlyne Shopping Center, rather than Weaver Dairy Road. Mr. Waldon responded that this was necessary because driveways were not permitted within three hundred feet of intersections. Mayor Pro Tem Preston inquired whether different kinds of entranceways reduced the impervious surface area at the site. Mr. Waldon he did not know how the impervious surface coverage could be further reduced on the site.

Mayor Pro Tem Preston requested the applicant's statement concerning proposed conditions of approval. Mr. Smyre said the applicant had some concerns about proposed condition number five concerning lighting, but otherwise concurred with the proposed conditions.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO RECESS THE PUBLIC HEARING TO AUGUST 26, 1991.

Council Member Werner requested that the staff provide additional information on the proposed project prior to the Council's consideration of the matter on August 26th.

THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

Item 3 - Delta Sorority Special use Permit

Persons wishing to testify were sworn by the Clerk. Town Manager Horton requested that agenda materials be entered into the record of the hearing. Mayor Pro Tem Preston concurred with the request.

Planning Director Roger Waldon said that the property was currently zoned Residential-6. He briefly reviewed the proposed location of the structure and property. Mr. Waldon noted that R-6 zoning permitted sororities, when accompanied by an approved special use permit. He also noted that the proposal did not meet Town requirements for off-street parking. Mr. Waldon stated that parking requirements could be met, but with adversely impact the site and the surrounding neighborhood. Noting the sorority's proximity to other similar uses, Mr. Waldon said that the Manager was recommending the modification of off-street parking requirements for the project. Mr. Waldon said that the staff was recommending that the Council make a finding to modify buffering requirements for this special use permit. He noted that the staff was recommending approval of the special use permit application.

Julian Raney, representing the Planning Board, said that the Board had voted unanimously to recommend adoption of Resolution A.

Sarah Louise Oldenburg, representing the applicant, said that house managers would control parking at the site. She added that some house residents would have to make arrangements for off-site parking. Ms. Oldenburg also noted that there were several bus stops near the site. She said that many sorority members rode bicycles to and from the house.

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

Council Member Herzenberg stated that the house had been built by Robert Conner. He noted that Mr. Conner had been appointed Director of the National Archives by President Roosevelt in 1934. Council Member Herzenberg said he hoped that the sorority would take some notice of the house's special character and history.

Council Member Brown said that the provision of reduced parking on the site was consistent with traffic reduction objectives of the Comprehensive Plan.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECESS THE HEARING TO JULY 8TH. THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

Item 4 - Parrish Property Conditional Use Rezoning

Planning Director Roger Waldon briefly reviewed the application, noting that the subject property had been annexed by the Town in June, 1990. He added that the applicant had filed a rezoning request in 1990. Mr. Waldon said that the rezoning request had been denied by the Council. Mr. Waldon stated that the Manager was recommending approval of conditional use rezoning for the property.

George Thompson, representing Vernon and Emily Parrish, said that Chris Berndt of the Planning Department had been very helpful in assisting the Parrishes and himself with the application. Mr. Thompson said that his clients had met all Town requirements for rezoning and agreed to the proposed conditions of approval.

Julian Raney, representing the Planning Board, said the Board had unanimously recommended approval of the request to the Council.

Town Manager Horton said his preliminary recommendation was the adoption of the ordinance approving the request for conditional use rezoning.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

Item 5 - Parrish Property Special Use Permit

Persons wishing to testify in the matter were sworn by the Clerk.

Town Manager Horton requested that the agenda item be entered into the record of the hearing. Mayor Pro Tem Preston concurred with the request.

Mr. Waldon said that the Council had requested that the staff with the owner to explore possible uses of the property. Mr. Waldon stated that permitted uses were outlined in condition number two of proposed Resolution A. Mr. Waldon said that preliminary approval of the special use permit was recommended.

George Thompson said that the applicants were willing to take necessary steps to meet the Council's wishes relative to the special use permit application. He expressed concern that the Parrishes had been unable to utilize their property for approximately fifteen months.

Julian Raney, representing the Planning Board, said several members of the Planning Board had buffering and screening concerns relative to the application. Mr. Raney said approval of the request had been recommended by a vote of 4-3.

Town Manager Horton said his preliminary recommendation was adoption of Resolution A, recommending approval of the application.

Council Members Wilkerson, Werner, Herzenberg and Brown said they hoped the Council would approve the application, in order that the Parrishes could utilize their property.

Mayor Pro Tem Preston requested the applicant's statement concerning proposed conditions of approval. Mr. Thompson expressed his concurrence. Mayor Pro Tem Preston requested that the staff provide clarification of special use and conditional use permits in the future.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER TO RECESS THE HEARING TO JULY 8TH. THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

Item 6 - Property Rights Development Ordinance Text Amendment

Town Manager Horton said the Council need to pursue action on this matter due to a recently adopted State legislative mandate.

Mr. Waldon said the effect of the ordinance text amendment would be to codify current practices, whereby approval of a special use permit approval entitle property owners to vested rights.

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

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (5-0).

The hearing adjourned at 9:35 p.m.