MINUTES OF PUBLIC HEARINGS HELD BY THE MAYOR AND COUNCIL OF

THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, APRIL 17, 1995

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

Item 1 Dobbins Road Rezoning

Planning Director Roger Waldon presented an overview of the applicant's proposal.

Bill Spang, the applicant, said he believed this was a natural fit to the area and concurred with the proposed conditions of approval.

Planning Board representative Martin Rody said the Board had voted unanimously in favor of the proposed rezoning.

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

Item 2 Dobbins Road Office Park 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. Mr. Waldon presented an overview of the applicant's proposal, noting that staff was pleased with the applicant's adherence to the Town's design guidelines.

Bill Spang, the applicant's representative, briefly reviewed the development's proposed plan for handling stormwater runoff. He also said the applicant had made special arrangements to preserve several elm trees on the site. Mr. Spang also stated that the applicant was also confident that there would be a good architectural transition between the existing Central Carolina Bank building and the proposed new building.

Planning Board representative, Martin Rody, said the Board had voted 7-0 in favor of the application.

Council Member Evans asked whether there was a plan for a bike path along Dobbins Road. Mr. Waldon stated that although none was planned at this time, this matter could be further explored.

Council Member Capowski inquired about the relationship of the proposal to the U.S. 15-501 corridor study.

Council Member Evans requested that the staff's follow-up report respond to concerns raised by the Planning and Transportation Boards. She also said it would be desirable to have a minimum spacing of seventy-five feet between driveway cuts, rather than the forty feet currently being proposed. Council Member Evans inquired about the pedestrian points of access. Mr. Waldon said staff believed that an adequate number of access points were proposed.

Council Member Evans inquired why the staff's report had not addressed potential traffic impacts. Mr. Waldon stated that the applicant believed that the project would have negligible traffic impacts. Council Member Evans requested that staff study the project's potential traffic impact in greater detail.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE HEARING TO MAY 8TH WITH REFERRAL TO THE MANAGER AND ATTORNEY. THE MOTION TO RECESS THE HEARING WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 Foxhill Subdivision

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 with the request.

Mr. Waldon presented an overview of the proposed Foxhill subdivision. He noted that given area development patterns, a connection between Rogers Road and the land adjacent to the proposed subdivision would likely be needed some time in the future.

Planning Board representative Martin Rody, said the board had voted 7-0 in favor of the proposal.

Phil Post, the project's architect, stated that the applicant agreed with the proposed conditions of approval with one exception. Mr. Post said the applicant requested the deletion of curb and guttering requirements along Rogers Road since sidewalks and bicycle lanes would be needed in the future.

Thomas Tucker, the applicant, said he concurred with Mr. Post's remarks. Mr. Tucker also asked that the Council consider installing sidewalks and bicycle lanes along Rogers Road in the future.

Council Member Capowski inquired about the availability of payment-in-lieu funds for sidewalk and bicycle lane improvements on Rogers Road. Mr. Waldon said he could provide follow-up information to the Council on this matter. Council Member Capowski requested additional information concerning payments-in-lieu for recreation facilities. Mr. Waldon briefly reviewed the process for purchasing land for recreational purposes using payments-in-lieu.

Council Member Capowski inquired why a three lane cross-section was proposed for Rogers Road. Mr. Waldon said this road was an integral component of development in the northwest portion of the Town.

Mr. Horton stated that the applicant was being asked to provide a payment-in-lieu to better serve the area in the future. Mayor Broun requested that the staff's follow-up report contain information about recent payments-in-lieu made by comparable

subdivisions. Mr. Horton said staff would do so. He suggested that the matter be recessed to the May 22nd meeting, rather than May 8th. Mayor Broun concurred with his recommendation.

Council Member Pavão asked whether payments-in-lieu would be used for the proposed parkway. Mr. Horton said this would be the most logical use of the funds.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECESS THE MATTER TO MAY 22ND WITH REFERRAL TO THE MANAGER AND ATTORNEY. THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 Grace New Testament Church 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 with the request.

Mr. Waldon presented an overview of the proposal, noting that the applicant had embraced a portion of the Town's design guidelines by choosing to locate the facility's parking lot behind the building.

Planning Board representative Martin Rody said the Board had voted 5-2 in favor of the applicant's request.

Dan Jewell, the project's landscape architect, said he felt that this site plan met the owner's needs and desires for this property and, although it might not specifically be within the Town's design guidelines, all parties appeared to be happy with the proposed design. Regarding the building itself, Mr. Jewell stated that although a metal-clad building was proposed, the Appearance Commission had yet to review this proposal. He also noted that it would likely take up to ten years to complete all phases of the proposed church construction project.

Council Member Evans said although she was not opposed to a church being located on the site, she favored the church establishing a long-range plan committee for developing creative plans for use of the land parcel.

Council Member Capowski asked Mr. Waldon whether he was confident that there had been adequate planning for stormwater management. Mr. Waldon said staff did not believe there would be any problems relative to stormwater detention.

Council Member Capowski inquired why there had been some objections to a bicycle lane along Sage Road. Mr. Waldon noted that staff was not recommending any additional widening of Sage Road at present. Council Member Capowski asked staff to investigate the feasibility of a bicycle lane along Sage Road.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECESS THE MATTER TO MAY 8TH WITH REFERRAL TO THE MANAGER AND ATTORNEY. THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Development Ordinance Text Amendment Clarifying Definition

of College, University or Professional School

Expressing concern about the space needs of organizations such as OPC Mental Health and the U.S. Court of Appeals, Council Member Powell questioned the necessity of the proposed ordinance amendment. Mayor Broun stated that these groups would not be effected by the proposed amendment. He noted that only UNC would be prohibited from having academic programs in any residential zoning district in the Town.

Council Member Capowski inquired whether special use permits applied to these types of situations. Mr. Horton said they did not.

Council Member Chilton stated that this proposed amendment represented a clarification concerning zoning districts in which academic programs or centers could be located.

Council Member Evans stated that since the Town owned the Library building on East Franklin Street, if the University wanted to lease the upstairs for a visitors center, for example, or for special events center, or some other office, according to the clarification, this would not be permitted. Mr. Horton said this was correct, except if the University were providing a service to the Town such as a visitor's center. He said although such a use might be permitted, staff would need to research the matter further.

Council Member Brown asked whether the proposed amendment related only to the University. Mr. Horton said yes. He also said it was important to note that the University owned property in a number of residential neighborhoods.

Council Member Powell asked whether the U.S. Court of Appeals would be permitted to rent space in the former library building under the terms of the proposed text amendment. Mayor Broun said the amendment focused on building use, rather than specific leasing arrangements.

Planning Board representative Martin Rody said the Board had voted 5-1 in favor the proposed text amendment.

Noting that the University used a house on Henderson Street to house visiting Playmakers Theater actors and actresses, Council Member Evans emphasized the importance of broadly reviewing the provisions of the proposed text amendment.

Council Member Capowski requested the Attorney's comment on this matter. Town Attorney Ralph Karpinos stated that the key was use, rather than ownership. He stated that the use of this property by the University would not be permitted under the proposed ordinance for office use.

Josh Gurlitz, Historic District Commission representative, said the Commission recommended approval of the text amendment as a means of clarifying the ordinance.

Council Member Evans asked whether the proposed revision applied throughout the Town. Mayor Broun said yes, that the proposed ordinance amendment would prohibit all University uses in residential areas.

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

The meeting concluded at 8:20 p.m.