MINUTES OF PUBLIC HEARING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, SEPTEMBER 14, 1998 AT 7:00 P.M.

 

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

 

Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavão, and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, Current Development Coordinator J.B. Culpepper, and Interim Town Clerk Joyce Smith. 

 

Item 1 - Chapel Hill Bible Church

 

J.B. Culpepper, Development Coordinator, briefly reviewed the proposed site at the intersection of Erwin and Sage Roads, for which the Chapel Hill Bible Church had applied for a Zoning Atlas Application. Ms. Culpepper stated that the Manager’s preliminary recommendation was that the Town Council adopt Ordinance A, rezoning the property from Residential-2 to Residential-3-Conditonal.

 

Roger Van Dyke, Chairman of the Chapel Hill Bible Church Building Committee, outlined the reasons behind the 2,000-member congregation’s applications:  through Community Outreach, the Church serves many organizations and services; many community groups use the church facilities and the church is “bursting at the seams”; three worship services and three Sunday schools run concurrently every Sunday morning, with  twice as many children in the classrooms than planned for; the facility is used seven days a week, with all available rooms in use and with inadequate staff facilities; there is inadequate parking room, and parking lots the church members have been using at the University will be lost in the future, due to University needs; there are many people moving into the area who are looking for a church home, and the Bible Church would like to reach out to them.

 

Andrew Woodruff, architect for the project, discussed the project site, inside and outside. He described, with the help of overheads, the proposed site, indicating that the church would occupy over thirty-one acres, with a village of buildings, from one to two stories high, nestled into a hillside, with parking facilities provided which would allow a pedestrian walking area.  Mr. Woodruff said that trees from a tree-farm owned by the church would be planted along the adjacent roads to provide a buffer zone.   He added that the project would be completed in three phases.

 

John McAdams, site engineer, of the John R. McAdams Company, Inc., discussed the history behind the proposed construction. He said that the almost thirty-two acres purchased was very large for a worship facility and that many years had gone into the studies before filing the application for the project.   Mr. McAdams said the church is seeking a Residential-3 Permit, consistent with the other zoning in the area, including two other churches. The rezoning requested would be a minimal step up in the zoning structure.

 

Mr. McAdams noted that the Special Use Permit would help to produce public safety and welfare, which is what the organization is all about. He said the plan provides adequate buffers to the contiguous properties, with the layout being lower than the adjacent highways. Mr. McAdams argued in favor of approval of Resolution B, which would provide for the 860 parking spaces included in the application. He stated the church has 2,400 members, and the normal parking-space formula would not provide enough spaces for the expected number of cars, generally averaging two persons per car. Mr. McAdams added that the Design Commission had approved the 860 parking spaces, not the 803 in Resolution A. Referring to Resolution B, #6.a, Mr. McAdams felt that there should be no need to reconfigure the thirty-one parking spaces recommended in the Resolution. He felt that the 40-foot undisturbed buffer of trees between the road and the parking area was adequate. Referring to Resolution B, #6.b Mr. McAdams said that the 22-inch oak tree would be preserved. Again referring to Resolution B, #10, he stated that all landscape bufferyards would be provided.

 

Ms. Culpepper stated that staff recommended approval of Resolution A, which includes approval of 803 parking spaces.

 

Carl Stam, Minister of Music for the Bible School, spoke of the community-based programs which the church supported, allowing use of its facility free of charge. He said that there were many programs provided at the church and by the church for the community   

 

Mary Schoenfeld, President of the 60-member Chapel Hill Music Teachers’ Association, and not a church member, spoke of the generosity of the church in allowing programs, classes, master classes, and recitals to be conducted at the church facility and that the Association looked forward to having space in the new facility for performances.

 

Kuo-Ping Li, a Taiwanese Ph.D. student at UNC and Chairman of the Chinese Christian Fellowship, said that foreign students met and held special events at the Bible Church, and that the church members had reached out in support and hospitality toward these students.

 

Daniel Rose, a church member, said the new site would be a good thing for the neighborhood and for the neighborhood children, who the church would welcome to its playground.

 

Barbara Jeanne Cornejo, church member and mother of five young children, spoke of the difficulties of families, especially those with young children, to find parking near the church. She said the shortage of parking spaces made it necessary to hold three services, making it impossible for all members to meet together and become acquainted.

 

James Palmer, speaking for Chapel Hill/Carrboro City Schools, said that he was in charge of at-risk student training and that the church had made its facilities available for these training sessions.

 

William Roper, church member and Dean of the UNC Department of Public Health, spoke of the Bible Church’s activities with the UNC community.

 

Council Member Bateman thanked the supporters and the Bible Church, and asked what the average attendance at Sunday services was. Mr. Van Dyke answered that on the last Sunday in August there were 1103 adults and 400 adults attending church and Sunday school.

 

Council Member Evans suggested that staff discuss with the applicant the possibility of a park and ride lot at the Bible Church.

 

Council Member Brown said that she had concerns about building noise. Mr. McAdams said that churches do not tend to generate noise, adding that the HVAC system would be buried underground, generating no noise.

 

Council Member McClintock questioned whether it was necessary to have two driveways onto Erwin Road. She felt that entering the church driveway was very dangerous. She asked the staff to confirm whether the NCDOT planned three lanes for Erwin Road. She encouraged the Council to try to balance the needs of the community with the church needs in considering reducing parking spaces and preserving trees. Council Member McClintock asked if the detention pond was located in the Resource Conservation District Area. Mr. McAdam said that they were all located outside of the RCD.

 

Ms. Culpepper said that the staff supported the proposed three driveways and that the NCDOT would require left-hand turn lanes into the church property. She noted there was not enough room on the highway for continuous three lanes to be built, but that there would be three lanes where necessary, to turn into the driveways.

 

Council Member Foy asked how many parking spaces would be on Sterling Drive. Mr. Horton said the staff would investigate.

 

Council Member Bateman asked why the staff was recommending the reductions in parking spaces. Ms. Culpepper said that the object was to preserve the buffers.

 

Mayor Waldorf wondered if the staff would consider allowing Sunday parking on Sage Road.

 

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE HEARING FOR THE CHAPEL HILL BIBLE CHURCH’S APPLICATION FOR ZONING ATLAS AMENDMENT AND SPECIAL USE PERMIT UNTIL OCTOBER 12, 1998. THE MOTION WAS ADOPTED UNANIMOUSLY.

(9-0).

 

Item 2 - United Church of Chapel Hill

 

Mayor Waldorf asked if the Council would like to consider both the church’s application for a Zoning Atlas Amendment and the application for a Special Use Permit at the same time. Council agreed.

 


Ms. Culpepper briefly outlined the site applications. The site is a 14-acre tract and the application for rezoning is for approximately 6.64 acres on the west side of Airport Road, from Residential-2 to Residential-3-Conditional. She noted staff recommended adoption of Ordinance A to rezone as requested, and adoption of Resolution A for a Special Use Permit, approving the application with conditions. Ms. Culpepper reviewed the Site Plan, indicating two points of access—one to Airport Road, and the other through the public access road to Duke Power. She discussed the church proposals to build a new building, 37,204 square feet, to be built in three phases. Ms. Culpepper said the first phase would be a 2-story building with a 500-seat sanctuary, plus other rooms — kitchen, fellowship hall, Sunday school rooms, and administrative offices. She added the other two phases would include more Sunday school rooms and a bell tower.  Ms. Culpepper said the parking lot would include 245 spaces.

 

Tony Whitaker, consulting engineer with the project, said that he agrees with the conditions outlined in Resolution A, and that he would be present to answer any questions. He said that the site is at a critical location to the Town and that the design for the site respects that location. Mr. Whitaker said the request for rezoning to Residential-3 was not to maximize the intensity of the rezoning, but that the Residential-2 zoning almost worked, except in terms of the floor area which needed 15% more space.

 

Jill Edens, Pastor of the United Church of Chapel Hill, said the church began 85 years ago and currently has 450 members, who have outgrown the facility. She said the church is presently leasing space from the UNC Wesley Center for church activities.  Ms. Edens noted the site was selected because it was suitable and affordable. She outlined the various outreach activities by the church and its membership

 

Sam Reynolds, President, Reynolds and Jewell, Landscape Architects, noted the parking lot was designed to be west of the building in order to screen it from Airport Road, and the additional vegetation was included to enhance the beauty of the entryway.

 

Tony Whitaker made further comment regarding the zoning proposal being limited to only the uplands area because of the sensitivity of the area and in order to avoid disturbance and disruption to the area. He felt that was an important part of the proposal.

 

Dieatra Blackburn, Project Manager, Cherry Huffman Architects, explained the difficulties with the site: it is narrow and long, with half of the site unusable; the size and topography were such that the building had to be designed as two-story; there are twelve classrooms planned, with the expectation of expansion for future growth; and, the playground will eventually need to be expanded, also.

 

Tony Whitaker, referring to the Special Use Permit, said the site ingress and egress were designed for right turns in and right turns out with no other turns allowed. He stated this would make a safe connection to Airport Road.  Mr. Whitaker said the second means of access would be the access drive to Northern Community Park, noting the curvature of the road and the addition of a speed bump would discourage cut-through drivers. He added the new water line and
the buffers to protect the adjoining properties would be adequate, and the project would comply with all the ordinances, would not degrade the values of the adjoining properties, and would conform to the general plans for Town development.

 

Sam Reynolds said that there were two landscape issues: the sidewalk planned for the parking lot median which should be deleted; and, the area used for landscaping. He asked that the installation of several large canopy trees be deleted from the stipulations, as ten feet would not be enough room for their future growth.

 

Council Member McClintock asked why the sidewalk proposal should be deleted.  Mr. Reynolds answered that the direct path to the church would be the parking lot and that a sidewalk would be redundant.  Council Member McClintock asked how much the Resource Conservation District Area would be disturbed.  Mr. Whitaker said that the sewer easement was the most sensitive and that there were three necessary easements into the RCD, (1) to meet the Town requirements because of the layout of the site, (2) the access driveway location encroaches minimally, and (3) the basketball court is a minor encroachment. He added that there was one detention pond in the RCD.

 

Council Member Foy asked staff why, if the Town ordinance specified one space for every four seats, both church’s specifications were less. Ms. Culpepper said that the United Church had already reduced their request for parking spaces in order to preserve the vegetation.

 

Council Member Evans applauded the church for meeting the community needs and suggested that the church parking lot could probably provide extra parking for the soccer fields at the Northern Community Park.  She asked if the staff had provided for a pedestrian connection to the soccer fields.

 

Council Member Bateman asked how close were the parking lots of Duke Power and the Community Park to the church.  Ms. Culpepper said that the Community Park lots would be a considerable walk to the church.

 

Tony Armer, Chairman of the church Building Committee, said that Duke Power Company had agreed to allow the church to use its parking lot, but because the church would be expanding the number of people using their lot, and felt that there was no guarantee for future use. 

 

COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE HEARING FOR THE UNITED CHURCH OF CHAPEL HILL’S APPLICATION FOR ZONING ATLAS AMENDMENT AND SPECIAL USE PERMIT UNTIL OCTOBER 12, 1998. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 3 - Preliminary Plat Approval for the Sanders-Shealy Subdivision

 

Ms. Culpepper discussed briefly the 4.8-acre, 5-lot site plan for subdivision, at the termination point of Coolidge Street and the 15-501 Bypass. She stated the plan is for cluster one- and two-family residences with a recreation area. Ms. Culpepper noted the key issue was the width of improvements to Coolidge Street, stating that both the Planning Board and Transportation Board had recommended that Coolidge Street be extended with a 24-foot cross-section, rather than the standard 27-foot cross-section.  Ms. Culpepper said staff concurred, and recommended the adoption of Resolution A.

 

Philip Post, speaking in favor of the subdivision, said that the need to subdivide this estate was to satisfy the terms of the will of the owner.

 

Council Member Foy asked why the proposal was for cluster housing. Ms. Culpepper said that the property drops off sharply near the 15-501 Bypass, requiring the units be built on the higher level nearer to Coolidge Street.

 

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECESS THE HEARING FOR PRELIMINARY PLAT APPROVAL FOR THE SANDERS-SHEALY SUBDIVISION TO OCTOBER 12, 1998.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Item 4 - Proposed Development Ordinance Text Amendment Regarding the Mixed Use Development District

 

Planning Director Roger Waldon discussed briefly the background of a Development Ordinance, the intent of which is to establish a new zoning district that could be applied to properties of 150 acres or more.  He noted the purpose of the zoning would be to meet the objectives of the community and the property owners.  Mr. Waldon said the ordinance would establish a framework for negotiation between the property owners and the Council.   He added the key to the concept is the development agreement, and the text before the Council is a draft developed over several Work Sessions.  Mr. Waldon said changes in the text, agreed to by the Council at these Work Sessions, had been incorporated into the draft ordinance by highlighting for additions, and strikethroughs for deletions.

 

Rosalinda Lidh, member of the Orange County Commission for the Environment and a Chapel Hill resident, addressed her concerns regarding the ordinance. She commended the Council for including environmental concerns in the plan, but pointed out that the Planning Board’s recommendations need to include, under Environmental Issues, specific language to include growth, energy use conservation and pollution.  She and some of her colleagues have questioned the twenty-five-year time-frame for the GDP as too long. A shorter period of time would be more appropriate for manageability.

 

Bruce Runberg, Co-Chair of the Horace Williams Zoning Work Group, which developed the draft zoning regulations for possible application to the Horace Williams tract owned by the University, said that the amended draft would probably be acceptable to the University, but there had not been enough time to study the plan before tonight’s meeting.  He stated he would like to have time to study the changes made by the Council, as he had some concerns about them. Mr. Runberg said some of the changes could possibly be considered onerous by the property owners. He added he would bring back these concerns to the Council at a later date.

 

Council Member McClintock requested copies of the minutes of the Work Sessions to refresh her memory. She suggested that the University and the Council needed to have a dialogue.

 

Council Member Brown said that she remembered the inclusion of “roads” and “renewable energy” in item b, #8 under “Purpose and Intent,” and that they had been left out of this draft. She would like them reinstated.

 

Mayor Waldorf felt that a lot of work had been put into the drafting of this ordinance and she would not like to see it lost.

 

Mayor pro tem Capowski advised, since the University did not get the draft in time to comment, that when the University returns its concerns to the Council, the matter be put on the Council’s agenda.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE ORDINANCE BACK TO THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS TO ADJOURN THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

The hearing concluded at 9:56 p.m.