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

THE TOWN OF CHAPEL HILL, TUESDAY, APRIL 20, 1993

Mayor Broun called the hearing to order. Council Members in attendance were Julie Andresen, Joyce Brown, Mark Chilton, Joe Herzenberg, Barbara Powell, Alan Rimer and Arthur Werner. Council Member Capowski was absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Parties wishing to testify in the matter were sworn or affirmed by the Town Clerk.

Mayor Broun said five separate public hearings concerning the proposed Southern Village application were scheduled for this evening.

Planning Director Roger Waldon said the planning process for the proposed Southern Village had begun in 1990. He added that the southern small area plan had been adopted in 1992 as a blueprint for development of the Southern Village south of Morgan Creek. Mr. Waldon reviewed a map of the site, noting that Fan Branch Creek bisected the three hundred acre site. He stated the focal point of the proposal was the retail and office village core, with storefronts similar to the downtown area. Mr. Waldon stated that two access points to the Southern Village were proposed off U.S. 15-501. He noted that preservation of an old and beautiful cemetery was proposed as a portion of the village green. Mr. Waldon said a variety of housing types were proposed including single-family homes, cottages and walk-ups above garages. He requested that his introductory comments apply to each of the hearings.

Mr. Waldon stated that a park and ride lot was proposed for the lower portion of the site. He said that some retail stores were proposed in residential districts. Mr. Waldon noted that the principal approach to recreation was the provision of a central greenway and bicycle way and small neighborhood parks within short walks of residences. He stated that a bicycle bridge was also proposed across Morgan Creek. Council Member Andresen asked whether the existing bridge wound need to be rebuilt. Mr. Waldon said a new bridge for bicycles only was proposed. He also noted that regulations for protection of Jordan Lake water quality were being drafted. Mr. Waldon stated that the applicant had been apprised of the need to comply with water quality regulations early in the review process. He briefly reviewed the balance of the review process. Mr. Waldon said the staff's preliminary recommendation was approval of the applicant's requests with conditions.

Council Member Werner inquired about stormwater management plans prior to the construction of a manmade lake on the site. Mr. Waldon said the Town would require the same type of stormwater management analysis as if the lake were not in place. Council Member Powell asked whether only one entrance to the village core apartments were proposed. Mr. Waldon said yes, noting that no direct access onto U.S. 15-501 was proposed. Council Member Andresen inquired about standards for open space requirements. Mr. Waldon said there would be requirements for each individual special use permit. Council Member Andresen inquired about proposed limits for different land uses. Mr. Waldon said the floor area maximums were 80,000 square feet for retail, 120,000 square feet for office uses and 62,500 for residential uses in the storefront district. Council Member Andresen inquired about the special use permit review process. Mr. Waldon said the Council would approve special use permits while the Planning Board would review individual buildings. Council Member Andresen inquired whether the Design Review Board would be included in the review process. Mr. Waldon said this was possible. Council Member Brown said she had reservations about the Design Review Board reviewing the proposal instead of the Planning Board.

D. R. Bryan, the applicant, said the southern village would emphasize the protection of environmentally sensitive areas, steep slope protection, preservation of existing neighborhoods and creating a transit-friendly environment. Mr. Bryan said he hoped that the Southern Village would ultimately emulate the West End neighborhood in Winston-Salem. He also reviewed main project points from meetings with advisory boards. Mr. Bryan said the Design Review Board recommended the use of design guidelines. Mr. Bryan also said he was aware of the need to meet watershed protection standards. He also stated that a park and ride lot for four hundred cars would be constructed. Mr. Bryan also stated that an extensive greenway system would be provided in the proposed Southern Village.

Noting that the overall plan for the greenway was a good one, Council Member Andresen inquired whether a sewer line would run along the proposed greenway. Mr. Bryan said yes, noting that the greenway would be up to 250 feet in some areas. Council Member Andresen said she hoped that the applicant and OWASA would handle the sewer line installation along the greenway in a sensitive manner. Mr. Bryan said it was preferable to have greenways and sewer lines along the same clearing path. He stated that two alternatives being examined were berming around manholes and elevated venting the sewer line without the need for manholes.

Council Member Werner said many of the Town's stormwater management problems were attributable to piecemeal development. He emphasized the importance of staff working with the applicant to develop detailed stormwater management plans for the project and area as soon as possible. Council Member Werner said the Stormwater Management Committee was considering the creation of a stormwater utility with developers contributing funds for the development of stormwater infrastructure. Mr. Bryan said he was aware of the Town's concerns and would attempt to comply with these proposed future regulations.

Planning Board Chairperson Wayne Hadler noted that the Board had spent a considerable amount of time reviewing the materials. He said Mr. Waldon and Mr. Bryan had done a good job of addressing overall site concerns. Mr. Hadler said the master land-use plan had been well received and the Board encouraged the Council to pay close attention to the proposed greenway through the site. He also noted that some Board members had concerns about the sufficiency of proposed open space in the master plan, given the uncertain timeframe for development of the Southern Community Park. Mr. Hadler said judgement had been deferred on the matter until it could be reviewed by the Parks and Recreation Commission and staff. He also stated that the Board suggested that the developer be allowed to construct streets using the standards in their submitted plans.

Council Member Werner requested additional information on the Board's discussion of street design. Mr. Hadler said the developer's plan was to design narrower streets to facilitate slower travel throughout the site. He noted that the Board felt this was a good reason for the proposed street design. Noting that there had been much discussion about the proposed intensity of development and the need for clearing some areas, Council Member Andresen inquired whether residents would be happy living in an area without many trees. Mr. Hadler said there had been some particular concern about the disturbance of significant trees in the southwestern portion of the site. He added that the Board had focused on whether the plan was in compliance with the Town's southern small area plan and the twenty-year view of what the area was supposed to look like. Council Member Andresen inquired whether natural features of the site were being preserved. Mr. Hadler said the Board felt that they would be in general. He added that concerns had been raised about the sufficiency of open space.

Noting that he shared about Council Member Andresen's concern about possible clearing of the area, Council Member Rimer stated that a number of specimen trees in the Glen Lennox area had been cleared during its development. He said it would be necessary to depend on market forces to assure that some trees would be preserved as a selling point of the project. Council Member Rimer requested that a roadway plan be superimposed on the proposed southern area plan.

Noting that she had found some inconsistencies between the developer's proposal and the proposed southern small area plan, Council Member Brown inquired about the basis of the Board's observations. Mr. Hadler said the Board's observations were primarily based on extensive discussion of the plan at several meetings. Mayor Broun inquired when the Parks and Recreation Commission would review the proposal. Mr. Horton said next week.

Marianna Chambless said she had resided in Dogwood Acres for almost eighteen years. Ms. Chambless stated that she had walked the proposed greenway trail on many occasions. She urged the Council to preserve the trail as unmarred by the proposed sewer line as possible. Ms. Chambless also expressed her strong support for the village concept and the preservation of open areas. She stated that bikeways and pedestrianways would provide an alternative to automobile travel. Ms. Chambless requested that the greenway trail be connected to Dogwood Acres Drive in keeping with the village concept. She also expressed support for preserving woods on the site.

Margaret Brown presented remarks from Livvy Ludington, including Ms. Ludington's interest in seeing the village concept developed. Ms. Ludington also expressed concern about the proposed density of the development. She emphasized the importance of bus routes and greenways trails being in place prior to the occupancy of residents in the area. Ms. Ludington's remarks also noted her concern about the possible destruction of hardwood forest in the southwest portion of the tract. She suggested that this portion of the tract be donated for use as a recreation area. Ms. Ludington urged the Council to preserve prime natural areas and reduce proposed densities.

Margaret Brown noted that she served on Southern Small Area Plan committee. She stated that the committee had never actually discussed development of the proposed Southern Village. Ms. Brown said that village projects proposed by Andres Duaney had much lower proposed densities, with maximum sites of 150 to 200 acres. Ms. Brown said she was not sure she could support the proposed densities. She also inquired about the status of commercial rezoning in the area in the event that the project did not succeed. Ms. Brown also expressed concern about the impact of the proposed development on area school infrastructure.

Mayor Broun asked whether zoning compliance and special use permits would be issued simultaneously. Mr. Waldon said yes, noting that if the Council approved the set of applications, it would lock in the proposed scale of development.

William Sparrow expressed concern about the proposed Southern Village project due to its proximity to his family's cemeteries. He requested that the Southern Village not be permitted to overpopulate the area. Mr. Sparrow requested that the Council walk the proposed site and not install unnecessary curb and guttering which might cause flooding in the area. He also requested that a minimum of two acres of open space and trails surround the cemetery site. Mr. Sparrow also requested that plaques be provided to designate the cemetery sites.

Council Member Brown expressed concern that the proposed project did not appear to be consistent with plans to preserve the environment and quality of life as outlined in the Town's southern small area plan. Council Member Brown also noted the need to address zoning of the entire area. She also emphasized the importance of preserving farmland in the area. Council Member Brown urged the Council to be consistent with the proposed southern small area plan concerning proposed densities and development scale. She requested that staff work out the total projected population for the entire project and the estimated density of the area. Council Member Brown also emphasized the need for the commercial village core to be very energy-efficient, with individuals walking and riding buses and other alternative means of transit to the area. Council Member Brown said she was concerned about the possibility of a missed opportunity for development of an energy-efficient layout for the project.

Council Member Brown expressed concern about possible economic impacts on area schools, Town taxpayers and spiralling costs for the provision of services such as the landfill, Police, Fire and Parks and Recreation services. She stated that the proposed type of development would not pay for itself. Council Member Brown said she believed that Orange County had a statistical model to examine this type of situation. She also expressed an interest in walking the site with Town staff to explore possibilities for preserving area trees. Council Member Brown said many more discussions were needed prior to Council action on the proposal. Mayor Broun inquired about Council Member Brown's specific concerns about size of the proposed development. Council Member Brown said her primary concern was that the Council follow the previously adopted Southern Village conceptual plan. She expressed her preference for a much smaller area and lesser number of units in the proposed village.

Council Member Andresen said that the project's density would have a direct impact on area traffic and roadway service levels. She emphasized the importance of a park and ride lot in the area. Council Member Andresen also commended the project proposal for its emphasis on the proposed greenway. Emphasizing the importance of preserving natural features, Council Member Andresen stated that she did not think widespread clearing was needed for the project. She also noted that Council Member Werner's earlier points about stormwater management planning were well-taken.

Council Member Rimer said the Council was considering a very complex development proposal. He stated that Council Member Brown had raised a number of issues which merited additional investigation and discussion. Council Member Rimer requested that the staff's follow-up reports be prepared in a more understandable and straightforward manner.

Mayor Broun said when the southern small area plan had been reviewed, the concept of a village and mixed-uses had been outlined. He also said it was inevitable to anticipate differences between the initial plan and the developer's proposal. Mayor Broun suggested that the Council not place requirements on developers which were not economically feasible.

Noting the large amount of the applicant's and staff's time involved in development of the proposal, Council Member Brown suggested that the Council might consider a revised procedure for handling projects of this type in the future. Council Member Andresen said review of the proposal was going to involve some compromise. She stated that many concerns raised this evening were good ones which merited additional attention. Council Member Andresen emphasized the need for a full discussion of the proposal by the Council.

Council Member Werner said this evening's discussion had been very analogous to discussions when the Council had received its first proposal for mixed-use development. He stated that the case of the Southern Village proposal was a much more complicated situation. Noting the project's complexity and the Council's lack of information on economic viability of the proposal, Council Member Werner said he was not comfortable voting on the proposal within the next three weeks. He emphasized the need for Council discussion on the proposed Southern Village master plan. Council Member Brown said she found it disturbing to have all five proposals before the Council this evening. She noted the need for considerably more information on the master plan and additional time for Council discussions.

Council Member Rimer suggested that the Council outline its questions and concerns about the proposed master land-use plan and defer discussions on conditional-use rezoning and the master land-use plan to a future date. Mr. Horton said he agreed that the Council needed adequate time to consider the proposals. He suggested that the Council consider holding a work session on the Southern Village proposals to receive detail presentations. Mayor Broun said this was a good suggestion. He inquired about the timing of the session. Mr. Horton emphasized the importance of timely consideration given legal constraints. He said it would be preferable to consider the matter within thirty days. Mayor Broun noted that the Council was still in the public hearing phase of the agenda.

Council Member Andresen suggested that the Council consider using one of its budget work sessions to discuss the Southern Village proposals. Council Member Rimer said the Council could possibly schedule another work session to consider the Southern Village application. Mr. Karpinos said a reasonable pace would be maintained if the Council acted on the proposal prior to the Council's summer break. He noted that the work session would need to be conducted in a manner consistent with quasi-judicial procedures, with parties giving evidence in the matter being sworn or affirmed. Mayor Broun said it appeared to be the sense of the Council to hold a work session on the proposals. Mr. Bryan said it would be possible to make a brief presentation on the site analysis this evening. Mayor Broun suggested that discussion of the site analysis could occur at the beginning of the proposed work session.

Council Member Andresen inquired how long the site analysis presentation would take. Mr. Bryan said about thirty minutes. Mr. Horton said the Council could possibly hold the work session on May 3rd. Mayor Broun inquired whether this would have an adverse impact on the budget preparation process. Noting that staff was eager to make progress on the preparation of the budget, Mr. Horton said this scheduling might have an impact. Mayor Broun suggested holding the Southern Village work session on May 11th. Mr. Horton concurred, as did Mr. Bryan. Mayor Broun suggested that the session begin with the applicant's presentation of the site plan analysis. Council Member Rimer suggested that comments from this evening's hearing and other meetings be codified for the May 11th meeting. Council Member Brown noted the need to address citizen concerns such as those of Margaret Brown and Livy Ludington.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER COMMENTS TO THE MANAGER AND ATTORNEY AND RECESS THE HEARING TO MAY 11TH AT 5:45 P.M.

Mr. Karpinos noted that the Council was also postponing hearings on items 2, 3 and 4 to May 11th.

THE MOTION TO REFER AND RECESS THE HEARINGS WAS ADOPTED UNANIMOUSLY (8-0).

The hearing concluded at 9:56 p.m.