A PUBLIC HEARING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, FEBRUARY 17, 1997 AT 7:00 P.M.

Mayor Waldorf called the meeting to order at 7:00 p.m.

Council Members present were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão, and Edith Wiggins. Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Greg Feller, Planning Director Roger Waldon, Development Coordinator J.B. Culpepper, and Internal Services Director Bill Terry.

Item 1 - Resolution Honoring the UNC Women's Field Hockey Team

Mayor Waldorf read the resolution honoring the Women's Field Hockey Team of the University of North Carolina at Chapel Hill, which congratulates the Team for winning the National Championship in the 1996 National Collegiate Athletic Association's Tournament.

UNC Women’s Field Hockey Coach Karen Shelton thanked the Mayor and Council for this honor, and assured them the team intended to be back next year.

Item 2 - Special Use Permit Application for Southern Village Elementary School

Town Manager Cal Horton stated that this public hearing had been called for consideration of an application for a Special Use Permit for the Southern Village Elementary School.

Development Coordinator J.B. Culpepper stated this application proposed a 600 student school with 90 staff members. She noted the property is located on the south side of the Southern Village development at the western termination of Kildaire Road, west of the Chapel Hill Day Care facility, and north of the future Southern Community Park. Ms. Culpepper commented a single access road is proposed north of Kildaire Road, with a 105-space staff parking lot and 13 spaces near the front entrance of the elementary school. She stated the staff recommended a pedestrian connection to the Dogwood Acres neighborhood and the park and ride lot.

Council Member Andresen asked why the staff was not recommending a pedestrian connection to the park and ride lot? Ms. Culpepper replied the commuter lot was constructed with federal funds for commuter parking, and the staff was concerned about using this lot for other purposes.

Council Member Capowski asked where on the site the proposed gym would be placed? Ms. Culpepper deferred to the applicant.

Neil Pedersen, Superintendent of the Chapel Hill-Carrboro school system, offered the school board's appreciation for the Council's help in obtaining this site for a new elementary school. He commented on the land swap with the Town which allowed the school to be properly situated on the site, and allowed the addition of soccer fields. Mr. Pedersen thanked the Council and staff for the expedited review which the school board was given.

Mike Hammersly gave the Council a brief overview of how and why the school is placed on the site as it is now proposed. He commented on the concern they have with the embankment which separates the school property from the park and ride lot, and their efforts to secure the safety of the children by designing the site so that the playground, soccer fields, and other areas would be shielded by the building itself to provide safety for the children.

John Thomas discussed the actual placement of the building on the site, stating the building had been sited to allow the most benefit from natural sunlight. He commented on the orientation of the public areas, such as the recreation areas, the media center, cafeteria and other areas to centralize their use. Mr. Thomas gave the Council a brief description of where each grade's rooms would be located as well as the administration area. He used graphics to describe to the Council the facade of the building, such as the main entry point, the use of a pitched roof, and the use of common design elements throughout the site.

Council Member Evans asked Mr. Thomas if plans had been made for future expansion. He stated there was room to add on either end of the two story wing.

Council Member Andresen asked if someone were able to expand the facility, such as adding a gym, would it need to be situated on the site differently. Mr. Thomas said it would probably mean some reworking unless the addition was added to either end of the two story wing.

Mary Reeb, representing the Planning Board, stated the Board is recommending adoption of Resolution A. She stated some Board members felt that a connection should exist to the park and ride lot, while others felt a gymnasium should be included. Ms. Reeb stated many of the Board members wanted a bike/pedestrian path included from the school to the Dogwood Acres neighborhood.

June Dunnick stated we all wanted what was best for everyone, and to this end she believed a full size gymnasium should be included in the project. She also stated bike paths should be included in all necessary areas leading to and from the school.

Julie Allen, a resident of Southern Village, stated her support of the Southern Village School. She said with a neighborhood which has so much foot traffic, she encouraged the Council to provide pedestrian and bike paths wherever possible.

Lynne Bresler, a resident of Dogwood Acres, stressed there should be both vehicular and pedestrian access from her neighborhood to the new school. She said the only way to access the school would lead to a circuitous route down Smith Level Road. Ms. Bresler asked the Council to consider a vehicular connection to the school property; if not, then certainly a bike/pedestrian path. She stated the school will be a wonderful asset to the community.

Julie Coleman urged the Council to work with the School Board and the Orange County Commissioners to make sure that the facilities at the school were made available for the use of adults as well as children. She stated this would mean the availability of a full size gymnasium, as well as a connection to the park and ride lot so that adults could park there when taking night classes.

John McCormick noted called attention to the requirement that the school system be responsible for building and maintaining the retention pond, the sewer connection and the access to the greenway. His concerns are that the school system may not have the legal authority to complete these, and they are included in the requirements for the west tract of Southern Village. Mr. McCormick asked that some language be included in the resolution to allow the school system to be relieved of this responsibility once the west tract of Southern Village is before the Council and these improvements are adopted. He asked that they be bonded under the development of the west tract rather than bonded through the school system.

Dave Cook remarked he was concerned about the playground area proposed, stating the area is much too small for 600 kids to be able to hold adequate physical education classes. He proposed that the developer look at the area surrounding the school and attempt to enlarge this area. Mr. Cook said the area is less than half the size of the Council Chamber, and considered this a real dilemma. He asked that the Council require the developer to revisit this aspect of the development.

Mayor pro tem Brown asked Ms. Culpepper to address the connection to the community park. Mr. Horton commented that one of the key items not available at this time is a design for the new park. He stated connections to the park could be authorized by the Council when the community park comes before the Council. Mr. Horton commented that since we don’t know exactly how the park will be developed, we don’t know exactly where connections might be made. He stated that staff does understand the Council’s desire to have pedestrian connections to the new park. Mayor pro tem Brown asked if this meant it could not be addressed now. Mr. Horton stated some language could be drafted, but it would be more appropriate to do it when the park issue comes before the Council. Mayor pro tem Brown asked if we had a time frame from the developer for the development of the pond and the interaction between the pond and the drainage.

Mr. Hammersley commented the pond is located in the west tract of the property, and what had been proposed was as much information as they had available at this time.

Mr. Pedersen noted that this issue had come up during the school board's process. He stated that the same multi-purpose design is used for all of the schools. Mr. Pedersen said the question was whether it were possible to have a full size gym, which would add roughly 5,000 square feet and $750,000 to the cost of construction. He said that was a significant cost, and this money was not available in the school system's budget. Mr. Pedersen said he understood the board’s request to the Council had been forwarded to the Orange County Commissioners, and he was willing to search for additional means of funding for a gym.

Mayor Waldorf stated a multi-purpose room is, in her opinion, an acceptable space for use by elementary school students, but was not appropriate for adults or even for junior high or high school aged children. She stated if the intent is to serve the entire community, then a gymnasium is certainly called for.

Mr. Harvey Goldstein, a member of the Chapel Hill-Carrboro Board of Education, stated a multi-purpose room is not large enough for a basketball game for adults, but it certainly is large enough for a volleyball game for adults or other sports. He commented that the Culbreth Middle School gym is available for adult oriented sports if needed.

Council Member Andresen stated this area will not be annexed for a while, and asked who would maintain the roads until then. Mr. Horton said the developer and the homeowners association would have responsibility the maintenance, where applicable. Council Member Andresen asked whether these areas are going to be so well constructed that even if annexation did not take place for 8 years, they would last? Mr. Horton stated the roads will be constructed to Town standards, and he believes it will be less than 8 years before annexation take places. Council Member Andresen said she would like to see pedestrian/bike access, and would like the Council to look into vehicular connection also. She said she also would like to see a connection to the Southern Community Park, and pedestrian and vehicular access. Council Member Andresen said on the recreation space issue, the comments offered were interesting and she would like to see the Council build on the community facility idea. She said if the Board of Commissioners do not come up with the $750,000 for a gym, then some contingency should be in place so that the Town could provide it in the future.

Council Member Wiggins asked to see a diagram of the building in relation to the slopes. She asked about the topography between the playground and the soccer fields. Mr. Hammersley said from the playground to the soccer field there was a grade of about 8 feet, which is less than a 5% slope. Council Member Wiggins asked about the topography between the school and the park and ride lot. Mr. Hammersley stated it was about a 3 to 1 slope, which is fairly steep. He said there is presently a connection from the park and ride lot to the Chapel Hill Day Care facility. Council Member Wiggins asked about a connection between the school and the Dogwood Acres community Mr. Hammersley said he was not as familiar with this area. Council Member Wiggins asked if Mr. Hammersley was saying that we did not know if the Dogwood Acres neighborhood would want a connection? Mr. Horton noted it would probably be easier to provide this connection when the Community Park was built, and we would not have the right to cross this property without the property owners granting the Town an easement. Council Member Wiggins asked that this be kept in mind when the Community Park was developed.

Council Member Capowski agreed with Council Member Wiggins, stating a network of bike/pedestrian paths would be advantageous. He asked about erosion control during construction, and asked Mr. Hammersley to assure the Council that no homes downstream of this construction site would be affected by runoff causing erosion. Mr. Hammersley stated that the water would be segregated and kept clean so that than would be no dirty water runoff. He said a catch basin would also be used to catch any water containing sediment from the site. Council Member Capowski asked Mr. Hammersley to develop a map which would show the paths water runoff would take. He also asked Mr. Hammersley to comment on a speaker's comment that the playground areas were not large enough. Mr. Hammersley said other elementary schools were used as a model, and because those areas currently are adequate, the same areas were used as a model for the new school.

Council Member Capowski asked why they are proposing 105 spaces when the staff recommends 90. He said the Council would like to allow only the number needed. Mr. Hammersley stated that with just 90 spaces, this would only accommodate staff, and not visitors to the building. He stated the extra spaces were needed to prevent overcrowding.

Council Member Chilton asked if the 13 spaces located in front of the school were included in this number. Mr. Hammersley said no.

Council Member Evans stated gymnasiums or multi-purpose areas are used for a wide variety of events, which produces a large amount of traffic. She said she is concerned about vehicular access because the site is located at the end of a cul-de-sac, and she believes dual access will become very important. Council Member Evans said this school will serve the southern part of Town, not just Southern Village, and she believes vehicular access should be reserved to the planned park and to the park and ride lot. Council Member Evans asked if the Town owned any frontage to Dogwood Acres Drive. Mr. Horton said yes, and could use it to connect to Dogwood Acres Drive.

Council Member Franck said it appears there are two vacant lots adjacent to Dogwood Acres Drive, and if this is true he would like to explore the possibility of acquiring an easement so that this area could be used for pedestrian access.

Mayor Waldorf asked if any restrooms would be accessible to persons using the outdoor recreation areas. Mr. Hammersley said the restrooms located near the multi-purpose room could be made available after hours. Mayor Waldorf commented it was her hope that this facility would become a well used facility, and restrooms would need to be available.

Council Member Andresen stated that regarding the connection to Dogwood Acres, she asked that the staff follow up on Council Member Franck's idea and come up with other ways to provide a connection. Mr. Horton said staff could come up with accessible areas, but without a plan for the park it would be impossible to provide recommendations. Council Member Andresen said she felt we should be making these plans now. Mr. Horton said without plans for the park, nothing could be done at this time. Council Member Andresen asked the architects and design team to revisit the issue of providing a larger recreation area.

Council Member Wiggins said the school system, the Town, the developer, and whoever else was involved should address this issue, stating this would be a community facility and a good recreation area at this site would enhance the entire community. She stated all parties should address the issue of funding for a larger recreation area.

Mayor Waldorf stated she believes cooperation is necessary to achieve the goal of a community facility. She said it is the County's responsibility to provide school facilities, and maybe the Council should invite the Commissioners to sit down with the Council and discuss the opportunity to provide a true County-wide facility.

Council Member Pavão commented he agreed with Mayor Waldorf, commenting that the Southern Community Park should be a regional facility, and when the Manager comes back with his report, this idea should be expanded.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE HEARING TO MARCH 4^TH. THE MOTION WAS ADOPTED UNANIMOUSLY.

COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO ADOPT RESOLUTION R-1. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN THE SPECIAL USE PERMIT APPLICATION FOR THE SOUTHERN VILLAGE ELEMENTARY SCHOOL

(97-2-17/R-1)

WHEREAS, the Town of Chapel Hill owns a portion of the land that would be covered by the Special Use Permit for which the School Board has applied; and

WHEREAS, the Council of the Town of Chapel Hill favors the construction of an elementary school in this area, and favors the multi-jurisdictional approach taken to finance and construct the project,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized to sign, as one of the landowners, the application for a Special Use Permit for the Southern Village Elementary School.

This the 17^th day of February, 1997.

Item 3 - Special Use Permit Modification Request for United Carolina Bank

Ms. Culpepper stated this public hearing was called for consideration of an application for a Special Use Permit Modification to reduce the boundary of the area encumbered by the Special Use Permit for United Carolina Bank. She stated in 1972 the Council granted a Special Use Permit for the Northwestern Bank on a 1.8 acre site. Ms. Culpepper stated the permit approved two buildings, with a total floor area of 9,300 square feet. She said the current request is to reduce the coverage of the Special Use Permit to cover half of the site to include the .95 acre tract currently occupied by the United Carolina Bank. Ms. Culpepper said this would release the area from encumbrance of the Special Use Permit.

Council Member Andresen asked where the access would be. Ms. Culpepper responded the staff does not anticipate a new point of access off of Elliott Road for that lot. She said it is expected that this lot would use the existing point of access.

Council Member Capowski said he did not understand the logic of preserving a connection to Elliott Road. Ms. Culpepper stated the staff recommends reserving that access easement so that when the second lot is developed the option would exist.

Barry Hill, the architect, stated they understand the issues surrounding this development, and concur with the conditions brought forward by the staff. Mr. Hill commented the owner understands the access easement is a recorded instrument and there is nothing in the application that indicates an interest to change that.

Council Member Andresen asked what would happen if the lot were not sold. Mr. Horton stated that if the applicant did not proceed with selling the property, we would be left without the facility.

Mary Reeb, representing the Planning Board, stated that when the Board reviewed this proposal, it was understood by the applicant that the waste facility, or dumpster pad, would have to be prepared before the rest of the development proposal was submitted. She commented that the Board added the 3-year stipulation because there would be a project proposal submitted and this gave the developer ample time to include the waste facility.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECESS THE HEARING TO MARCH 3^RD. THE MOTION WAS ADOPTED UNANIMOUSLY.

Item 4 - Proposed Energy Conservation Ordinance

Mr. Horton stated that Mayor pro tem Brown has been leading the work of the Energy Committee for a number of years and as a result of that work some changes have been made to Town buildings to make them more energy efficient. Mr. Horton said changes include replacing lighting systems and changes in other Town systems.

Bill Terry, Internal Services Director in the Public Works Department and staff liaison to the Citizens' Energy Task Force, stated that the proposed ordinance is one of two projects the Task Force has been working diligently on, along with an Energy Conservation Policy. Mr. Terry stated the intent of the ordinance is to ensure that future buildings are energy efficient in every way. He stated it was the staff’s recommendation that this proposal be formatted as a resolution, as ordinances are generally limited to regulation of subjects for which it is appropriate to enact a community standard of general applicability.

Kevin Foy, speaking as a representative of the Sierra Club, asked that the Council pay close attention to how the architect monitors the construction, and how energy savings are calculated over a year's time. Mr. Foy stated this data would be useful to the users of the building as well as the designers, so that designs which are not doing what they were intended to do could be modified. He asked the Council to consider offering incentives to architects who exceed the 30% reduction in energy use called for, and suggested maybe a rebate would be appropriate. Mr. Foy invited to Council to attend a reception for the National President of the Sierra Club, who will be visiting Chapel Hill in the near future.

Mark Marcoplos provided the Council with a fact sheet on energy conservation, and encouraged the Council to access a web site which would provide some useful information, including the use of natural daylight. He congratulated the Council on pursuing this, and encouraged the Council to vigorously meet this challenge in a bold manner.

Martha Drake urged the Council to pass as strong a document as possible, stating that every dollar saved benefits the community.

Kit McGinnis, a member of the Sustainable Development Committee, concurred with the previous speakers, saying that she would like to see as much teeth as possible included in this proposal, and that performance data be collected so that we can assure that we are moving in the right direction. She stated it is important that we keep track of the energy savings and the efficiency achieved.

Mayor pro tem Brown stated the Energy Task Force has worked very hard and were proud of the results. She said she would like to have the Task Force revisit this issue with the comments from tonight’s meeting included in the discussion. She moved this item be referred to the Task Force.

MAYOR PRO TEM BROWN MOVED THAT THIS ITEM BE REFERRED BACK TO THE ENERGY TASK FORCE.

Council Member Capowski said sometimes design decisions have to be made that balances cost with energy efficiency. He said in order to do a calculation that a building will use 30% less energy than called for by building codes would require that the building be designed twice, once using the building codes and once using energy efficiency designs.

COUNCIL MEMBER PAVAO SECONDED THE MOTION. THE MOTION WAS ADOPTED UNANIMOUSLY.

Item 5 - Proposed Changes to the Development Ordinance Regarding

Telecommunications Towers and Satellite Dishes

Mr. Horton stated the Council had requested that staff review the Town's regulations regarding telecommunications equipment.

Mr. Waldon stated staff wanted to make sure that the Town's regulations are consistent with federal law. He stated that the proposed ordinance would amend the Development Ordinance by adding statements of purpose to the Town's regulations, and expand the definition of accessory transmission towers to allow antennae to be added to a structure even if the antenna serves more than the zoning lot involved.

Mary Reeb, representing the Planning Board, stated the Board was concerned about the possibility of commercial antennae being considered accessory.

Jay Zaragoza, .an employee of GTE and a resident of Poinsettia Drive, expressed his interest in GTE being allowed to place antennae on water tanks, high voltage transmission towers, high school athletic field lights, and the like. He stated at this time Chapel Hill does not allow this, and asked the Council to allow these types of facilities to be placed in residential areas where appropriate.

Mr. Horton stated Mr. Zaragoza is mistaken about the ordinance requirements, that these types of antennae are currently allowed in residential areas.

Council Member Andresen asked if this mean that a stealth pole could be constructed without the Town's regulating it. Mr. Waldon stated that nowhere in the Town’s ordinance is the term “stealth” suggested for use. He said the point is that there is an increasing trend in locating these facilities so that they are basically invisible. Mr. Waldon said staff believes we can and should accommodate this type of facility.

Council Member Andresen asked whether there are standards if someone wants to place such a facility in a residential area. Mr. Waldon said yes, if someone wanted to construct a tower on their lot, it would be included in the Special Use Permit. He stated another way a tower could be constructed would be by utility companies, and through a recent move by the Council BellSouth is now constructing poles in a right-of-way. Council Member Andresen asked would this proposal provided protection to residential neighborhoods. Mr. Horton said he believes it does, because it could not be placed on Town property without permission, and could not be placed on private property without going through the Special Use Permit process.

Council Member Capowski asked Mr. Waldon to assure the Council that adoption of this proposal would not interfere with ham radio operations. Mr. Waldon commented that ham radios are permitted as an accessory use in residential areas. Council Member Capowski asked if this amendment would allow a resident in the historic district to mount a 16" satellite dish on his house. Council Member Capowski said a 16" satellite dish is far less intrusive than an automobile. He said we are trying to encourage competition with the cable company, and allowing satellite dishes would accomplish this.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE HEARING TO MARCH 3^RD. THE MOTION WAS ADOPTED UNANIMOUSLY.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY.

The public hearing was adjourned at 9:07 p.m.