MINUTES OF PUBLIC HEARINGS HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, JANUARY 17, 1995

Mayor Broun called the hearing to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Planning Director Roger Waldon and Development Coordinator Jennie Bob Culpepper.

Item 1 Village Center Rezoning Request

Persons wishing to testify in the matter were sworn by the Town Clerk's designee.

Planning Director Roger Waldon presented and overview of the Village Center plan and the applicant's current request.

E. W. Davis, the applicant's land-use planning consultant, said he felt rezoning of the existing property to accommodate the development proposal was appropriate.

Stan Hostetler, Lowe's Director of Real Estate for the southern territory, said he also favored the proposed rezoning. Mr. Hostetler also said he believed the proposed site offered optimal possibilities.

Henry Hakola, Manager of the existing Brendle's store on the proposed site, said he believed the proposal would create additional revenues and jobs and provide Town residents with new local shopping options. He requested that the Council support the proposed rezoning.

Bob Anderson, representing City Planning & Architecture & Associates, the project's architect, said the requested rezoning was appropriate. He also stated that the applicant proposed to widen nearby roadways to accommodate additional traffic generated by the proposed project. Mr. Anderson said the applicant's proposal would be beneficial in carrying out the Town's Comprehensive Plan and in completing a major element of the Town's Thoroughfare Plan along the U.S. 15-501 corridor.

Joe Hakan requested that the Council approve the applicant's request for rezoning of the property.

Planning Board representative Scott Radway reported that the Planning Board had voted 4-3 against the proposed rezoning.

Transportation Board Chair Richard Franck said the Transportation Board had unanimously recommended denial of the requested rezoning.

Mr. Horton said the staff's preliminary recommendation was for approval of the applicant's rezoning request.

Bob Rabil, an employee of the existing Lowe's store on East Franklin Street, said the current store could not adequately provide service to its customers. Mr. Rabil urged the Council to approve the applicant's request for rezoning.

Ann Hannig, an employee of Brendle's on Sage Road, said she fully supported the rezoning request.

Jane Rice, a Brendle's employee, said she also fully supported the rezoning request. Ms. Rice said both Lowe's and Brendle's had many loyal local customers who had shopped at these stores for many years.

Richard Williams said he supported the applicant's request for rezoning and special use permit. Mr. Williams said the applicant's proposal was the type of economic development favored by most Town residents.

Eugenia Roland, a Lowe's employee, said she supported the proposed rezoning.

Donald Griffin, a resident of Colony Woods East, expressed concern that the proposed development would cause traffic problems along the U.S. 15-501 corridor. Stating that there was no need for an additional "superstore", Mr. Griffin requested that the Council vote against the rezoning request.

Charlie Williams, store manager of the East Franklin Street Lowe's, said he felt part of the existing traffic problem along U.S. 15-501 was attributable to people having to go outside of Orange County to shop for many items. He requested that the Council approve the rezoning request.

Nancy Tolley, speaking on behalf of herself and her husband, Dr. A.G. Tolley, said they favored the rezoning request. Ms. Tolley said the proposal would make a significant contribution to the area's commercial tax base.

David Izzo said it was desirable for the Town to maintain its unique "small town" feeling. Expressing concerns about the potential for increased traffic in the area, Mr. Izzo said he did not favor the proposed rezoning.

Chris van Hasselt, a member of the Orange/Chatham Sierra Club, citing traffic-related concerns, requested that the Council deny the rezoning. He also requested that the Council initiate a cooperative planning process with the City of Durham to address traffic concerns along the U.S. 15-501 corridor.

Claire Billingsley, Director of Advertising for the Village Advocate, said she supported the applicant's request for rezoning and a special use permit. Ms. Billingsley said both Lowe's and Brendle's made significant fiscal contributions to the community through their property taxes and payrolls.

Mark Meares, Publisher of the Village Advocate, said he supported approval of the applicant's rezoning and special use permit requests. Mr. Meares said he felt the approvals would contribute to the growth of two long-time local corporate citizens.

Carl Fox said he supported the applicant's rezoning and special use permit requests. Mr. Fox said it was important for the Council to keep in mind the Town's long-term economic interests.

Eleanor Allison, a Lowe's employee, said she favored the rezoning request. Ms. Allison stated that the existing store on East Franklin Street was too small and was inconvenient for customers.

Pat Carstensen, President of Cross-County Neighborhood Association, said she was concerned about the potential for increased traffic on U.S. 15-501. She requested that the Council deny the rezoning request.

Ed Harrison requested that the Council further explore traffic-related concerns. Mr. Harrison said he favored the applicant's rezoning and special use permit requests.

Philip Rigby said he opposed the applicant's rezoning and special use permit requests. Mr. Rigby said he felt that traffic impacts would be too great to offset potential benefits from an increased tax base.

Bea Hughes-Werner, a member of the Chapel Hill-Carrboro School Board, encouraged the Council to approve the proposed rezoning. Ms. Hughes-Werner said the additional property tax generated would be beneficial for the local school district.

Linda Convissor expressed concern that many roadways along U.S. 15-501 were already at or over their design capacity. She urged the Council to look into the future in order to address traffic-related concerns along the U.S. 15-501 corridor.

Madeline Mitchell said she supported the proposed rezoning and special use permit. Ms. Mitchell also said the Town needed additional jobs and property tax revenues. She stated that people tended to drive less and buy nearby when applicable services were more proximate to their residences.

Ann Ocorr expressed opposition to the proposed rezoning. Ms. Ocorr expressed concern that there was not a roadway plan in place to address site-related traffic concerns.

Bob Reda, President of the Alliance of Neighborhoods, rhetorically inquired whether the present was a good time for development of the proposed project. He also requested additional information about the impact of the applicant's proposal on surrounding neighborhoods and roadways.

Scott Kovens, a local builder, said he supported the proposed rezoning.

Julie Andresen, Vice President of the Alliance of Neighborhoods, requested that the Council deny the rezoning request. Ms. Andresen said her primary concerns related to additional traffic potentially generated by the proposed stores.

Herschel Slater inquired whether it was possible to know whether or not Lowe's would be the actual site tenant.

Vincent Wingate said it would be best for the Council to deny the rezoning request since it was likely that many people would choose to shop outside of the Town.

Ernest Burch, part owner of the subject property, said he supported the rezoning and special use permit requests.

Bill Burch, Founder and President of the Landowners Association of Orange County, said he also supported the proposed rezoning and special use permit. Mr. Burch stated that Lowe's was proposing to relocate within the Town, rather than starting up another business.

Margo Wilkenson said although she supported Lowe's as a local business, said opposed the rezoning and special use permit requests. Ms. Wilkenson suggested that the owners of Lowe's and Brendle's consider switching buildings.

Fred Stevens said he favored the rezoning request. Mr. Stevens stated that traffic concerns would always pose some type of problem relative to site developments. Noting the importance of providing affordable housing, Mr. Stevens said the proposed development would be beneficial to the community's overall property tax base.

Jack Imperiale, a local builder, said he was confident that the Town staff could develop a project traffic pattern which would please all parties.

Council Member Evans said the proposed rezoning of the property excluded a small sliver on the east side of the property and a larger parcel of land on Sage Road. She inquired about the impact of the proposed rezoning on these land parcels.

Council Member Brown requested that staff provide a follow-up report on the relationship of the proposed development to the Town's Comprehensive Plan regarding the development of smaller businesses.

Following up on an earlier citizen query, Council Member Waldorf inquired whether there was documentation of the applicant for rezoning. Mr. Karpinos advised that the zoning needed to be considered on the basis of conditional uses rather than a specific applicant.

Council Member Powell suggested that a report be prepared depicting area traffic counts and patterns, excluding the proposed Brendle's and Lowe's stores.

Mayor Broun said he was concerned about traffic impacts on Sage Road and the intersection abutting the south side of U.S. 15-501. He requested additional information concerning possible traffic problems perpendicular to the U.S. 15-501 corridor.

Council Member Protzman requested a follow-up report outlining the most dense development possible with the current R-4 zoning. He also requested information about projected impacts and tradeoffs relative to this development.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO MANAGER AND ATTORNEY. THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Item 2 Village Center Special Use Permit

Persons wishing to testify in the matter were sworn by the Town Clerk's designee.

Mr. Horton requested that materials pertaining to the application be entered into the record of the hearing. Mayor Broun concurred.

Planning Director Roger Waldon provided a brief overview of the proposed site plan. He stated that the staff's summary memorandum to the Council outlined recommendations concerning traffic matters and the project's scale and appearance.

Robert Anderson, the applicant's representative, said he felt that his client had met the spirit of the Town's design guidelines. Mr. Anderson also said he believed the proposed project would be a real asset to the Town. He stated that the applicant had satisfied a total of sixty-eight of the seventy-two stipulations suggested in the proposed conditions of approval.

Mr. Anderson briefly reviewed the four remaining areas of concern to the applicant. He noted that the applicant proposed to provide a brick buffering around dumpsters along the eastern edge of the property. Mr. Anderson also said the applicant proposed to eliminate two parking spaces along the western property line in order to accommodate a full buffer. He also said a "type d" buffer would be provided along Sage Road. Mr. Anderson added that the applicant was proposing to eliminate a parking space in order to reduce the possibility of patrons backing into travel lanes. He also said the applicant felt that 2:1, rather than 4:1 slopes were justified on the site.

Mike Horn, the applicant's traffic engineer, stated that the intersection of Sage Road and U.S. 15-501 was currently operating at level of service "D", an acceptable level of service. He said the intersection of Dobbins Drive and Sage Road currently posed some traffic-related problems. Mr. Horn said the applicant had worked closely with Town and NCDOT staff to develop options for relocating Dobbins Drive through the site, if necessary. He also stated that the proposed project would not generate sufficient additional traffic to warrant a traffic signal at the intersection of Sage and Erwin Roads.

Noting that the proposed project's design had been in process for approximately one year, Joe Hakan said he believed any design- related concerns could be worked out satisfactorily between the applicant and Town staff.

Transportation Board representative Rachel Willis said the Transportation Board had voted unanimously against the applicant's special use permit request.

Joel Harper, representing the Chapel Hill-Carrboro Chamber of Commerce, encouraged the Council to approve the applicant's special use permit request.

Ed Harrison requested that the Council favorably consider the applicant's special use permit request following a careful evaluation of traffic-related needs.

Mary Bushnell, a member of the Chapel Hill-Carrboro School Board, said she felt it was essential to increase the commercial tax base in Orange County.

Pat Carstensen expressed concern that the applicant's proposed site plan was "overstuffed". She requested that the Council consider developing a plan which would generate less traffic in the area.

Ken Robinson, a Transportation Board member, said he opposed the proposed site plan. Mr. Robinson said he felt that traffic problems were being moved from one site to another. He urged the Council to examine alternate options to address traffic-related concerns.

Linda Convissor inquired what type of road improvements would be needed to adequately handle projected site traffic. Ms. Convissor said she favored rezoning of more property on the site if it created a greater setback and helped with roadway improvements.

Ann Ocorr expressed concern about the U.S. 15-501 corridor plan. Ms. Ocorr said although it was desirable to have additional commercial properties in terms of increasing the Town's tax base, it was also important to have adequate road systems to handle additional traffic.

Nancy Tolley said she supported the proposed special use permit.

Planning Board member Scott Radway said that the Planning Board had unanimously recommended approval of the special use permit with conditions.

Charlie Williams, Manager of the East Franklin Street Lowe's, reiterated his support of the special use permit request.

Council Member Evans expressed concern about the proposal for Dobbins Drive to run through the parking lot of the proposed complex. She also inquired whether proposed facades on peaked roofs of the buildings were two or three-dimensional. Council Member Evans asked whether heating and air conditioning equipment would be visible on the roof tops.

Council Member Capowski said he was uncertain about the relationship, if any, between the proposal and the U.S. 15-501 corridor study, especially the proposed loop road. He rhetorically inquired whether Council approval of the proposal would mean that the Council did not believe in the utility of the U.S. 15-501 corridor study. Council Member Capowski inquired about the appearance of the proposed parking lot at nighttime. Mr. Anderson said the parking lot would be lit at night for security purposes. Council Member Capowski requested a report on lighting and security of the facility. He asked that the staff's follow-up report contain information about how the applicant would address the need for stormwater basins and access of tractor-trailers to loading docks at the stores.

Council Member Evans suggested that future development projects of this type be reviewed by the Design Review Board.

Council Member Brown requested that staff prepare a follow-up report on projected future traffic in the area based on anticipated developments.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE HEARING TO FEBRUARY 27TH WITH REFERRAL TO MANAGER AND ATTORNEY. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 The Reserve, Phase II

Persons wishing to testify in the matter were sworn by the Town Clerk's designee.

Development Coordinator Jennie Bob Culpepper displayed a vicinity map of the site. She noted that two key issues had arisen relating to protection of the natural area on the eastern portion of the site and a roadway stubout which was recommended to the north. Ms. Culpepper also said there was one point of access proposed, supporting connections to local streets.

Sally Brown, the applicant, said she felt the proposed development was unique. Ms. Brown stated that the proposed zoning changes would change the proposed neighborhood's character from urban to rural. She noted that rezoning the property from R1 to RLD5 would reduce the maximum number of home sites permitted from 343 to 22. Ms. Brown stated that design standards for the proposed subdivision had not been changed.

Noting the rural character of the proposed subdivision, Ms. Brown said she felt that roadways could serve the purpose of sidewalks. She requested that the stipulation regarding provision of sidewalks be removed from the proposed conditions of approval. Ms. Brown said she believed the proposed stipulation concerning buffering was more germane to small lot subdivisions than to the proposed Reserve II subdivision. She requested that this condition of approval be removed from the proposed stipulations. Stating that she felt that the application met the findings needed to receive a special use permit, Ms. Brown requested the Council's assistance in proceeding with her development proposal.

Tony Whittaker, the project's engineering consultant, said there was a functioning intersection at Bayberry and Rhododendron which was used everyday. Mr. Whittaker said this street could be redesigned to Town standards to become a class A street.

Pearson Stewart, past President of Triangle Land Conservancy, expressed his support for the Reserve II as proposed.

Peter White of the North Carolina Botanical Gardens, said although he generally supported the plan, he was concerned about the potential for forest fragmentation.

Charlotte Jones-Roe, Assistant Director for Conservation and Development at N.C. Botanical Gardens, said she supported the plan as proposed and recommended that the Council approve the revised development plan.

Jim Ward suggested that a group such as the Botanical Garden Foundation could protect area conservation lands. He recommended approval of the applicant's request for a special use permit.

Haven Wiley, Professor of Biology and Ecology at UNC, emphasized the importance of preserving hardwood forests on the eastern slopes of Laurel Hill. Dr. Wiley said he favored approval of Ms. Brown's proposal.

Steve Hall, Co-author of the Orange County Inventory of Natural Areas, said he favored the process which had been used to arrive at a plan which was mutually satisfactory to the developer and the North Carolina Botanical Garden.

Ann Weissler, Vice President of the Reserve Neighborhood Association, spoke on behalf of a dozen citizens who supported the overall development plan but were opposed to the stub-out which would extend to the Hunt property.

Etta Pisano, President of the Reserve I Homeowners Association, said she too supported the plan but did not favor a stub-out.

Patrick Hobson, a retired scientist, said he favored maintaining the property as a biological preserve. He requested the Council's assistance in doing so.

John Kent, Acting Conservation Chair for the New Hope Audubon Society, spoke in favor of the developer's proposed plan.

Oliver Orr expressed appreciation to all Council Members for their service to the community.

Council Member Evans expressed her appreciation to all parties who had worked on concept plans for the proposed development.

Mayor Broun inquired where the stub-out would go, if required. Ms. Culpepper presented an overview of stub-out options.

Council Member Capowski also expressed appreciation to all who had worked on the proposal. He inquired why the distal portion of the unnamed road was a private drive when it would eventually become a Town road. Council Member Capowski also inquired about the function of a pedestrian easement on the easternmost end of the private road. He asked if there was a reasonable way to build a pedestrian and bicycle only path through University lands to serve area residents.

Council Member Brown said she was generally pleased with the proposed project. Noting that there might come a time when developers and neighborhood residents did not work together so harmoniously, Council Member Brown suggested the possibility of a greater role for a land conservation/preservation group in the area.

Mayor Broun requested that staff provide a follow-up report and or justifications for the proposed stub-out, required sidewalks and the dedication of buffers.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO RECESS THE HEARING TO FEBRUARY 13TH WITH REFERRAL TO MANAGER AND ATTORNEY. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 Chapel Hill-Carrboro Schools Rezoning Request

Ms. Culpepper presented a brief overview of the site. She said staff felt that the proposed rezoning satisfied the purposes of the Town's 1986 land-use plan, identifying the area for institutional uses and necessary community services.

Bill Mullen, representing the School District and Mike Hammersley of Hakan and Corley said they could answer questions from the Council regarding the rezoning request.

Barbara DeLon requested that the Council grant the applicant's rezoning and special use permit requests.

Madeline Mitchell also requested that the Council support the proposed rezoning and special use permit request. Ms. Mitchell said that if students could not park at the school, parents would have to drop off and pick up many students.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO REFER THE MATTER TO MANAGER AND ATTORNEY. THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Chapel Hill-Carrboro Schools Special Use Permit Request

Persons wishing to testify in the matter were sworn by the Town Clerk's designee.

Jennie Bob Culpepper presented an overview of the site plan. Ms. Culpepper said the application's key issue was perimeter landscaping buffers. Ms. Culpepper said although Town ordinances required a thirty foot buffer, the applicant was proposing a fifty foot buffer. She stated that staff recommended a one hundred foot landscape buffer along the school's frontage.

Mr. Mullen said the applicant was agreeable to the proposed conditions of approval.

Council Member Capowski inquired whether the proposal was for both a daily bus parking location and a bus maintenance facility. Mr. Mullen said yes, but that buses would not be leaving in mass when high school students were arriving and leaving campus.

Council Member Evans asked whether the site was large enough for future expansion to accommodate a joint Town/school bus facility. Mr. Horton said this was not possible. Council Member Evans inquired what would be done with the site if the facility were moved in the future.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE HEARING TO FEBRUARY 13TH WITH REFERRAL TO THE MANAGER AND ATTORNEY. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

Item 6 University Village SUP Request

Persons wishing to testify in the matter were sworn by the Town Clerk's designee.

Development Coordinator Jennie Bob Culpepper presented a brief overview of the proposal. Ms. Culpepper said if the Council freed the tract from the existing special use permit, any subsequent development of the property would not have to go through a special use permit modification process if it involved less than 40,000 square feet of floor area.

Scott Murray said the applicant agreed with all of the proposed conditions of approval.

Council Member Evans asked whether the Town had ever removed a parcel from a special use permit in the past. She said this seemed to be a way of avoiding review by the Council. Ms. Culpepper said yes, although she could not cite specifics at present.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE HEARING TO FEBRUARY 13TH, WITH REFERRAL OF THE MATTER TO MANAGER AND ATTORNEY. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

The hearing concluded at 11:47 p.m.