SUMMARY OF A CONTINUATION OF A PUBLIC HEARING OF THE

CHAPEL HILL TOWN COUNCIL, TUESDAY, MAY 20^TH , 1997 AT 7:00 P.M.

Mayor Pro-tem Brown called the continuation of the public hearing to order, noting that Mayor Waldorf would arrive in the next few minutes. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavao and Edith Wiggins. 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.

Council Member Andresen petitioned the Council to postpone the budget work session scheduled for after the public hearing. Mayor Pro-tem Brown suggested that this issue be brought up at the conclusion of the public hearing.

Victor Friedmann expressed grave concerns about the inadequacy of notice and availability of materials for the Meadowmont development proposal. He also expressed concern that the Council had previously acted to amend the Town’s Comprehensive Plan and rezone land to fit the proposed Meadowmont development. He stated that citizens were now faced with the task of providing sufficient evidence to create a rebuttable presumption that the permits in question did not meet three of the four findings of fact in the Town’s Development Ordinance. Mr. Friedmann expressed concern that the applicant’s plans called for buildings in the Village Center to be clearly visible on the meadows along NC 54, ruining the scenic vistas which were an integral part of the Town’s Comprehensive Plan for this corridor. He also said that the special use permit applications did not reflect stipulations requiring plantings along NC 54. Referencing Mr. Ken Broun’s remarks at last evening’s hearing, urging the Council to be thorough but expeditious in considering the special use permits, Mr. Friedmann said although he encouraged the Council to be thorough in their review, he was no reason to hurry the process along merely because of the applicant’s financial exposure. Mr. Friedmann urged the Council to take into account the needs of other area landowners in their decision-making process.

Louise Cole said that the May 15^th Chapel Hill Herald had reported that the Orange County Commissioners had refused to approve the construction funds for the proposed school within the Meadowmont development. Ms. Cole said she represented a charter school organization which was interested in applying for this potential school site.

Valerie Broadwell, President of the Little Creek Neighborhood Association, expressed concern that if the Council decide not to approve the Pinehurst Drive connector, streets in surrounding neighborhoods would have to bear more traffic than was safe, considering their design. Noting that she sympathized with homeowners on Pinehurst Drive, Ms. Broadwell asked that the Council consider the safety of all neighborhoods when making this decision. Ms. Broadwell also expressed her lack of confidence that the proposed Meadowmont development would be able to adhere to the Town’s Development Ordinance standards regarding safety and property values

Philip Goodman said he hoped citizen opposition to the Meadowmont proposal would make it a better development. Mr. Goodman also expressed concern about the lack of time which citizens had to adequately prepare their remarks regarding opposition to the special use permits under consideration by the Council. Mr. Goodman suggested that the Council have three additional public hearings after this evening to specifically deal with the individual special use permits. He noted that the local media could assist in publicizing these hearings. Mr. Goodman also said he was sure that at least two of the special use permits were not in compliance with the Town’s Comprehensive Plan, the Development Ordinance or the master land use plan.

Kevin Foy said he was concerned that the Village Center component appeared to slowly be turning into a more automobile-centered project, rather than the pedestrian-focused one which had been initially proposed by the applicant. He stated that the proposed center itself had been migrated closer to NC 54, with parking spaces spread out on one level instead on in a parking deck. Mr. Foy said it would be desirable to open up more greenspace in order to create a real village green. He also expressed concern that no landscape protection plan had been offered, although one was required. Finally, noting that although the zoning district for the Village Center called for 60% office space, the applicant was proposing only 40% office space, Mr. Foy encouraged the Council to consider the degree to which the proposal would incorporate a fine grain mix of uses.

Madeline Jefferson said that the Orange County Engineer felt that the proposed school site at Meadowmont was too small, had poor soil conditions, was prone to flooding and was susceptible to insect-related problems. Stating that 73 of the 84 acres of the school/athletic facility site were in the Resource Conservation District, Ms. Jefferson urged the Council to look elsewhere for a suitable school site. Ms. Jefferson said it was her belief that the applicant should offer a larger and higher elevation site for the proposed school.

Susan Manring stated that if Pinehurst Drive were not connected to Meadowmont Lane, then there would be more negative traffic impacts on surrounding streets and neighborhoods. Noting that she felt it was wrong to pit one neighborhood against another, Ms. Manring asked that the Council take a broader perspective on the potential impacts of Meadowmont and to limit traffic for all neighborhoods if the connection to Pinehurst Drive were not approved.

Sheila Newton-Akiyama, a resident of Pinehurst Drive, stated that no one’s quality of life should be sacrificed relative to consideration of the Meadowmont development proposal. Ms. Newton-Akiyama stated that traffic calming would only create frustrated drivers going down Pinehurst Drive, rather than cutting down on traffic volumes. She expressed her support for having an emergency access only option between Pinehurst Drive and Meadowmont Lane.

Nelson Chad said he had recently moved to the Town from Palo Alto, California, because of the Town’s emphasis on safety, diversity, good schools and low density developments. Mr. Chad stated that Palo Alto was a high density community which was becoming more dangerous because of roadway connections similar to the one proposed between Pinehurst Drive and Meadowmont Lane. Mr. Chad said that the best way to connect people was through the use of pathways, rather than roadways. He requested that the Council not favor the interests of a commercial developer over the interests of Town residents.

Gail Colvin expressed her agreement with Council Member Evans’ suggestion that Meadowmont Lane be made safer using buffers and horseshoe-shaped driveways. Ms. Colvin also said that the only person, besides some of the Town’s advisory boards, favoring the Pinehurst Connector was Mr. Smedes York. Ms. Colvin said she would not object to a low-density residential neighborhood being built on the property where Meadowmont was proposed. Jackie Colvin, Ms. Colvin’s daughter, was joined by about forty of her friends around the speaker’s podium.

Jackie Colvin requested that the Council approve a pedestrian pathway, rather than a roadway between the Oaks and Meadowmont.

David Katz said although he knew it would change the character of his neighborhood forever, he approved of the Meadowmont development proposal and the concept of connecting neighborhoods. Stating that the success of the Meadowmont development did not hinge on the possible Pinehurst Drive connection, Mr. Katz said he felt that such a connection would exacerbate existing transit problems in the Town. Mr. Katz asked the Council to share the traffic burden between neighborhoods and to move forward with regional transportation planning efforts.

Noting that most backyard tree removal in the Oaks was prohibited, Michael Moran stated that most children along Pinehurst Drive played in their front yards. Mr. Moran estimated that if the Pinehurst Connector were approved, about 31,000 cars per child, per year would use Pinehurst Drive. He also estimated that total property value losses from putting the Pinehurst Connector in place could total $29 million. Mr. Moran said he did not believe that the Pinehurst Drive connection was necessary.

Bob Foley, a resident of Burning Tree Drive, said that about two out of every three of his neighbors were opposed to closing the proposed connection of Pinehurst Drive. Mr. Foley stated that Burning Tree Drive would potentially become a popular alternative access to the proposed Meadowmont development. Mr. Foley suggested that prior to acting on the matter, the Council should request a thorough traffic study of the area. Mr. Foley also suggested that construction traffic be prohibited from using Burning Tree, Pinehurst and Cleland Drives, since these streets had already had to endure building activity during the latest phases of the Oaks development.

Dave Stevens, representing the Kenan-Flagler Business School, requested the Council’s assistance in expediting the proposed Executive Conference Center at Meadowmont. Mr. Stevens said that the proposed conference center would be a valuable and integral part of the University and Town. Noting that the Conference Center hoped to be open in 1999, Mr. Stevens urged the Council to approve the special use permit requests as soon as possible.

Council Member Andresen inquired about the possible use of a portion of the Horace Williams site to accommodate the Center’s clientele. Mr. Stevens said that this would not be a workable alternative.

Council Member Capowski said he hoped that the fiscal impact of the proposed Conference Center would be revenue neutral. Mr. Stevens said that this was the University’s intention.

Nancy Lewis said she had moved to the Town from Indianapolis because growth was controlled in the Town and that the Town’s streets were safe. She expressed concern that the proposed Meadowmont development and the proposed Pinehurst Drive connector had divided neighborhoods. Ms. Lewis expressed her support for having an emergency-only access between Pinehurst Drive and Meadowmont Lane.

Herschel Slater noted that he had walked the proposed Meadowmont site and felt that the site was very well-suited for the proposed development. Mr. Slater said he believed that the community’s best course of action was to work with the applicant to maintain the community’s integrity. Expressing his belief that East-West Partners would be able to maintain the community’s integrity, Mr. Slater urged the Council to keep the project moving forward.

Faye Vitali read a letter from one of her neighbors, Ms. Lee, expressing Ms. Lee’s support of smoother traffic flows and shorter driving distances. Ms. Vitali said that Ms. Lee opposed the proposed Pinehurst Drive connector because it would compromise the character of existing neighborhoods.

Barbara Chaiken said it appeared that the Town had grown from a warm and safe community to, at times, a sprawling and congested place. She stated that the Town had very few hiking trails per capita. Ms. Chaiken also expressed concern that the proposed Meadowmont development would unduly burden the surrounding community. She requested that the Council reconsider the previous Council’s decision to approve the master land use plan for Meadowmont.

Noting that residents of the Oaks were only concerned about the safety and character of their neighborhood, Susan Bernstein requested that the Council not sacrifice an existing neighborhood in order to benefit another neighborhood.

Dick Baddour, a member of the volunteer Meadowmont design review committee, noted that a project of this type required a lot of give and take. Mr. Baddour said he believed that East-West Partners had attempted to establish a good give and take approach from the project’s beginning.

John Kent, representing the New Hope Audubon Society, said he believed that the proposed playing fields would result in a major loss of habitat for salamanders and other amphibious creatures. Mr. Kent said he felt that the proposed plan for the School and Park site needed rethinking. He urged the Council to preserve this existing wilderness area, rather than constructing athletic fields.

Bob Burns encouraged the Council and all concerned to read a letter written by Dr. Neil Pedersen, Superintendent of the Chapel Hill/ Carrboro City Schools. Mr. Burns stated that Dr. Pedersen’s letter expressed reticence and questioned the suitability of the proposed school site.

Mr. Burns stated that connector roads segregated, rather than integrated, due to the loss of neighborhood feel. He strongly urged the Council to do a thorough traffic study which would

produce an effective traffic calming program before possibly approving the requested special use permits.

Stick Williams, another member of the voluntary Meadowmont review team of citizens, said he saw a number of very positive aspects regarding the proposed Meadowmont development. Stating that the permits met the standards established by the master land use plan, Mr. Williams said he hoped that the Council would support all of the requested special use permits.

Mayor Waldorf noted that copies of the Meadowmont agenda materials were available in the Town Manager's or Clerk’s Office or at the Library Reference Desk.

Referencing a recent report in a local newspaper, Council Member Andresen stated that she and Council Member Capowski had attended a forum to discuss safety and traffic issues, rather than the proposed Meadowmont development. She noted that at the time of the meeting the master land use plan for Meadowmont had been approved, but the Council had not received the special use permit applications at that time.

Mayor Waldorf requested that three documents be entered into the record of the hearing. Copies of these documents are on file in the Town Clerk’s Office.

Council Member Capowski thanked Council Member Andresen for her letter concerning the traffic and safety forum as he had been involved and also wanted the record set straight as to the propriety of their connection with the particular forum in question.

Mayor Waldorf asked the Council about scheduling additional hearings. Mayor pro tem Brown suggested that the Council hold three different public hearings, dealing with issues separately. Council Member Pavao expressed his preference for calling additional public hearings, rather than specifying that there were would be three more separate hearings. Council Member Wiggins expressed her support for sequentially separating out the individual special use permits. She added that the hearings did not necessarily need to be separated out in terms of meeting dates. Council Member Capowski requested that the Council consider the special use permit for the school and park site first, since the outcome was likely to effect the other special use permits. He noted that it was imperative that the School Board and the County Commissioners meet in order to make decisions relative to the possible school site. Mayor Waldorf expressed her concurrence, emphasizing the need for the Council to schedule time for discussion of the various special use permits, possibly in a public forum setting.

Council Member Chilton noted that many of the speakers the last two evenings had made allusions to their desire to address the Council once they had an opportunity to review materials relative to the applications. He suggested that the Council have two hearings: one for the Village Center and the Apartment Site, and the other for Infrastructure, Swim Club, and School/Park Site special use permits.

Mayor pro tem Brown expressed concern about the concept of the Council having work sessions prior to receiving all citizen citizens and getting staff responses to questions about the proposed project. She suggested that Council Members forward any questions to staff regarding the Meadowmont project by June 1^st.

For purposes of legal clarity, Town Attorney Karpinos suggested that all of the special use hearings be resumed and recessed together, even though the Council might only be dealing with a few specific permits.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNICL MEMBER CAPOWSKI, TO RECESS THE PUBLIC HEARING UNTIL MAY 27 TO SET DATES FOR ADDITIONAL MEETINGS.

Council Member Evans expressed concern that the longer the hearings were delayed, the harder things became for everyone. Mayor Waldorf agreed and asked whether or not the Council would be willing to hold the first additional hearing on June 11^th.

COUNCIL MEMBER CHILTON WITHDREW HIS PREVIOUS MOTION AND SUGGESTED THAT THE NEW MOTION BE THAT THE PUBLIC HEARING BE RECESSED UNTIL THE 11^TH OF JUNE. COUNCIL MEMBER CAPOWSKI SECONDED THE MOTION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Capowski requested that Mayor Waldorf write a letter to the School Board and Orange County Commissioners concerning their decisions on this matter.

The hearing concluded at 9:22 p.m.