SUMMARY MINUTES OF A BUSINESS MEETING

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

Monday, January 27, 2003, at 7:00 p.m.

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

Council members present were Flicka Bateman, Pat Evans, Ed Harrison (arrived at 7:06), Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, 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 Bill Stockard, Principal Planner Gene Poveromo, Stormwater Engineer Fred Royal, Engineering Director George Small, Traffic Engineer Kumar Neppalli, Senior Development Coordinator J. B. Culpepper, Planner Kay Pearlstein, Library Director Kathy Thompson, Assistant Library Director Mark Bayliss, Urban Forester Curtis Brooks, Transportation Planner David Bonk, and Town Clerk Joyce Smith.

Item 1—Ceremonies: None

Item 2—Public Hearings: None

Item 3—Petitions by Citizens and Announcements by Council Members

3a. Petitions by citizens on items not on the agenda.

1. Joyce Brown regarding the Greene Tract.

Former Council Member Joyce Brown proposed that any development for affordable housing on the 18.1 acres of the Greene Tract be built in a sustainable manner. Her petition was also from Tom Henkel, Arnie Katz and Mark Marcopolos, and Ms. Brown noted that others were interested as well. She outlined the main points of the proposal:

· Adopt green or sustainable building standards for anything constructed on the Greene Tract.

· Require certain of those standards include the following:

a) Solar orientation

b) Solar hot water heaters

c) Energy efficiency standards at least 30% above code

d) An enforcement mechanism established to ensure that developers, architects and contractors follow the stipulated standards

· Develop a series of other standards, which would give developers a choice of standards to follow in developing the site.

· Modify the standards developed by Southface Energy Institute, to give the developers choices.

· Designate a group to modify standards and determine the number to be required. The group should include: Council members Bill Strom, Dorothy Verkerk and Jim Ward, a representative from Habitat for Humanity, a representative from Orange Country Community Housing Corporation, a representative from local architects, and a representative from local builders.

Ms. Brown asked the Town Council to give serious consideration to the petition and to use the Greene Tract as an example of how buildings could be constructed in an affordable and sustainable manner.

Mayor Foy said this was a good time to start laying the foundation for the Greene Tract. He said the Council was about to begin working on a Small Area Plan for the Greene Tract and thanked Ms. Brown for bringing this forward.

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

2. Richard Leber regarding development in Carrboro on Bolin Creek.

Chapel Hill resident Richard Leber outlined his petition asking the Town Council to approach its counterparts in Carrboro and Orange County and ask them to consider adopting consistent land use provisions in watersheds upstream of Chapel Hill. He gave examples of future upstream developments that might affect Bolin Creek as it flows though Town. Mr. Leber noted that a similar joint committee had agreed to protect upstream areas of Bolin Creek. He asked Council members to ask the Carrboro Board of Aldermen and the Orange County Commissioners to join the Town Council in exploring a consistent set of land use provisions to protected watersheds that flow through Chapel Hill.

COUNCIL MEMBER WARD MOVED, SECONDED BY MAYOR PRO TEM EVANS, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3. Robert Gwyn regarding bus posters displaying peace messages.

Robert Gwyn, representing "Elders for Peace," which consists of 50 Carol Woods’ residents, expressed concern about the prospect of the United States going to war in the Middle East. He asked Council members for permission to display peace messages in Town buses that might help stimulate debate on this issue. Mr. Gwyn gave the following examples of possible poster messages: Everyone Wins Without War, War destroys; Peace builds, and Peace is Patriotic.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

4. Johanna Cleary regarding "no-pay" policy at parking deck during inclement weather.

Ms. Cleary presented a written petition asking the Council to consider instituting a "no pay" policy at the Rosemary Parking Deck on the days when bus service is suspended due to inclement weather. She had a class scheduled at the University on a day of inclement weather, she explained, at 11 a.m. Normally, Ms. Cleary said she would take the NS bus from Southern Village to campus, but because the buses were not running at the time she needed to leave, she had to drive in. She said since she uses the transit system daily, she does not have a campus parking pass, so she parked in the deck at a cost of $6.50.

Ms. Cleary said she understands the University has contributed a substantial amount to the bus system and, if the service is not provided, it seems accommodations should be made on those days. She also explained that she had major trouble getting home from campus the last time Chapel Hill had snow because the buses were being called in with little notice.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

5. Mildred Council regarding affordable rental housing.

Mildred Council, owner of Mama Dip's Restaurant, conveyed the difficulty that service workers have even renting homes in Chapel Hill's better neighborhoods. She stated that homeless people were getting younger all the time and suggested this was due to the overcrowded housing conditions that lead to family violence. Ms. Council told Council members that restaurant work had been degraded to the point where some would rather stand on the corner than accept a service job.

Mayor Foy pointed out that a resolution of support for "Project Homestart" was on the Council's agenda this evening, as well as a resolution to contact the congressional delegation about public housing funds. He said both of those items address allocating money for affordable housing, especially for very low-income people.

Council Member Wiggins noted that Ms. Council also wanted the Town to consider the need for affordable rental housing. Ms. Council explained that only about 20%-25% of restaurant employees could afford to buy a small house. She noted that not many of those were being built anymore, adding that those available were for women and children, and consequently, many of the men were just standing on the corner dealing in drugs.

COUNCIL MEMBER VERKERK MOVED, SECONDED BY COUNCIL MEMBER WARD, TO RECEIVE AND REFER THE PETITION AND TO INCORPORATE IT INTO OTHER ADVICE THE TOWN IS RECEIVING ON AFFORDABLE HOUSING AND AFFORDABLE RENTALS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

3b. Petitions by citizens on items on the agenda. None.

3c. Announcements by Council members.

Council Member Harrison explained that he would not be at the January 29, 2003 Public Forum on the Town budget. He had been asked to attend a regional summit on low impact development and design with a cross-disciplinary group of professionals, he said. Council Member Harrison pointed out the summit would relate to the new Land Use Management Ordinance (LUMO) because its purpose is to produce specific technical and policy recommendations for low impact design in the region. Mayor Foy noted the problems the Town was confronting were regional and not just limited to Chapel Hill.

Item 4—Consent Agenda

With regard to 4c, Council Member Bateman suggested placing an add on the website to attract people to advisory board positions. Mayor Foy agreed that this was important since many board members were not eligible for reappointment.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (2003-01-27/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following:

a.	Adoption of Minutes: November 25 and December 12, 2002.
b.	Nominations to Various Advisory Boards and Commissions (R-2).
c.	Schedule of Advisory Board Appointments (R-3).
d.	Proposed Traffic-Calming Devices on Lonebrook Drive (R-4); (O-1).
e.	Plan for Extending Services to Proposed Annexation Area (R-5).
f.	Resolution of Support for Project Homestart (R-6).
g.	Deleted.
h.	Resolution Authorizing Mayor to Contact Congressional Delegation regarding Funding for Public Housing (R-8).
i.	Resolution Transmitting Comments from Chapel Hill Parks and Recreation Commission to Orange County’s Chapel Hill Township Park and Education Work Group (R-9).

This the 27^th day of January, 2003.

A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2003-01-27/R-2)

WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and

WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:

Town Operations Center Design Review Committee

Garry Carver

George Cianciolo

Jan Grossman

Dale Hammond

James Mathewson, II

This the 27^th day of January, 2003.

A RESOLUTION REGARDING THE PROCESS FOR CONSIDERING APPOINTMENTS TO TOWN ADVISORY BOARDS AND COMMISSIONS (2003-01-27/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule for appointments to Town advisory boards and commissions:

May 12 Orange Water and Sewer Authority Board of Directors

Planning Board

Technology Committee

May 28 Historic District Commission

Transportation Board

Library Board of Trustees

Chapel Hill Public Arts Committee

June 9 Board of Adjustment

Community Design Commission

Greenways Commission

Parks and Recreation Commission

June 23 Bicycle and Pedestrian Advisory Board

Housing and Community Development Advisory Board

Human Services Advisory Board

Personnel Appeals Committee

This the 27^th day of January, 2003.

A RESOLUTION AUTHORIZING THE INSTALLATION OF CERTAIN TRAFFIC CALMING MEASURES ON LONEBROOK DRIVE IN CHAPEL HILL (2003-01-27/R-4)

WHEREAS, the Council of the Town of Chapel Hill is concerned about vehicular and non-vehicular safety and mobility on Town streets; and

WHEREAS, the Council has received a petition from the Parkside and Northwood neighborhoods and a report from Town staff regarding proposed traffic calming measures on Lonebrook Drive;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses installation of the following traffic calming measures on Lonebrook Drive:

1. Three speed humps on Lonebrook Drive

2. Multi-way stop signs at:

Lonebrook Drive and Tremont Circle
Lonebrook Drive and Glenmore Road

BE IT FURTHER RESOLVED that the Council authorizes the expenditure of not to exceed $9,000 for construction/installation of the above noted traffic calming measures on Lonebrook Drive.

This the 27^th day of January, 2003.

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2003-01-27/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:

“Through Streets Stop Streets

~~Lonebrook Drive~~ ~~Tremont Circle~~

~~Lonebrook Drive~~ ~~Glenmore Road~~”

Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:

“Intersection(s)

Lonebrook Drive and Tremont Circle

Lonebrook Drive and Glenmore Road”

Section 3. This ordinance shall become effective March 1, 2003.

This the 27^th day of January, 2003.

A RESOLUTION APPROVING A REPORT WITH PLANS FOR EXTENDING MAJOR MUNICIPAL SERVICES TO AN ANNEXATION AREA IN ACCORD WITH G.S. 160A-47 (2003-01-27/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the annexation report for extending and financing services to that certain proposed annexation area (Map 1 – Parkside II Area) as described in the Council’s Resolution (2003-01-13/R-4); which report was submitted to the Council by the Manager on January 27, 2003, and a copy of which report shall be retained with the records of this meeting.

BE IT FURTHER RESOLVED that the Council directs the Manager to make the report available for public inspection at least 30 days before the public information meeting in accordance with State law.

This the 27th day of January, 2003.

A RESOLUTION SUPPORTING FUNDING OF THE PROJECT HOMESTART PROGRAM AND PLEDGING TO PETITION FEDERAL ELECTED OFFICIALS TO ASSIST THE INTER-FAITH COUNCIL’S FUNDING RESTORATION EFFORTS (2003-01-27/R-6)

WHEREAS, the December 2002 Department of Housing and Urban Development (HUD)’s Homeless Assistance grant awards did not include funding for the Project Homestart program sponsored by the Inter-Faith Council for Social Service; and

WHEREAS, Project Homestart is a transitional housing program designed to assist up to 15 homeless families move toward independent, permanent housing; and

WHEREAS, the Orange County Board of Commissioners and the Inter-Faith Council for Social Service requested reallocation of funds totaling $366,156 to the Project Homestart program; and

WHEREAS, this reallocation would support both permanent and transitional housing for homeless individuals and families in the Town and would help continue to meet the growing needs of this segment of the population;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council supports the restoration of funding to Project Homestart and pledges to petition our federal legislators to assist the IFC’s funding restoration efforts.

This the 27^th day of January, 2003.

A RESOLUTION AUTHORIZING THE MAYOR TO CONTACT CHAPEL HILL’S CONGRESSIONAL REPRESENTATIVES REGARDING THE EFFECT A REDUCTION IN FUNDING WOULD HAVE ON THE TOWN’S PUBLIC HOUSING PROGRAM (2003-01-27/R-8)

WHEREAS, the U. S. Department of Housing and Urban Development has issued a preliminary notice that sets the initial operating subsidy for 2003-2004 at 70%; and

WHEREAS, a 70% operating subsidy would have a severe negative impact on the Town’s ability to operate the 336 public housing units that provide housing for 900 residents in Chapel Hill and Carrboro;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is hereby authorized to communicate the Council’s concerns to Senators John Edwards and Elizabeth Dole and Representative David Price.

This the 27^th day of January, 2003.

A RESOLUTION FORWARDING THE RECOMMENDATIONS MADE BY THE PARKS AND RECREATION COMMISSION TO THE CHAPEL HILL TOWNSHIP PARK AND EDUCATION CAMPUS WORK GROUP (2003-01-27/R-9)

WHEREAS, the Orange County Board of Commissioners on May 14, 2002, adopted a Master Plan Process to begin planning for the new park and educational campus on the County’s 193-acre site near Old 86 and Eubanks Road; and

WHEREAS, the Master Plan Work Group membership as adopted by the Board of Commissioners provides for one member from the Town Council, one member from the Town’s Parks and Recreation Commission, and one member from the Town’s Greenways Commission;

WHEREAS, the Chair of the County Parks and Recreation Commission asked for recommendations on potential program elements from the Town’s Parks and Recreation Commission;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council forwards the following recommendations from the Chapel Hill Parks and Recreation Commission to the Chapel Hill Township Park and Education Campus Work Group:

· Large, multipurpose athletic fields available for public use

· Winterized restrooms

· Picnic shelters

· A large playground structure

· Loop trails

· Activities targeted for seniors

· While the Commission believes that school/park joint use of facilities is workable at the elementary school level, we believe it is extremely difficult to effectively share facilities at the middle and high school levels due much increased demand by school programs

This the 27^th day of January, 2003.

Item 5—Information Items

Council members received the information reports by consensus.

Item 6—Village Plaza Shopping Center Renovation:

Application for Special Use Permit

Town Planning Director Roger Waldon gave a brief overview of this application and explained that an expected agreement between the applicant and its neighbors had not been reached. He said the applicant had stated the cross-access easement was not possible, and had not agreed to that condition. Mr. Waldon explained that the staff had taken that agreement off the list of conditions of approval since it was between the applicant and a third party. He noted the application was the same as before except Phase II and the cross-access easements had been dropped. Mr. Waldon pointed out that Council members must decide whether the application meets the four findings. Resolution A would approve the application with the modification of conditions, he said, and Resolution G would deny it.

Bill Wilson, representing Eastern Federal Corporation, pointed out that Eastern Federal had agreed to reduce the number of movie screens from 13 to 11 and then to 10, with a reduced seat count of 1,600. He said the applicant had tried to do everything asked of them and had worked hard to achieve the Manager's recommendation. Mr. Wilson explained that parking would be 71% of what is required under the existing ordinance, up from the 68% that they now provide. Finally, he said, they would be providing significantly more additional parking than the new LUMO would require.

Mayor Foy clarified that there is no actual procedure for speakers to turn their time over to others, even though the Council may allow a speaker extra time. He was not planning to change the custom this evening, he said, but wanted Council members to be aware of the rules.

Jim Groot, owner of Red Hot and Blue Restaurant, expressed regret that the efforts of so many had failed to produce a compromise. He contradicted the applicant's statement about the project having been reduced. Mr. Groot said the original application was for a 35,000 square-foot theater, then it grew to 45,000 square feet, and then it was reduced to 38,000. He stated that the project lacked the most minimal amount of parking, and asked Council members to decide whether 155 parking spaces was practical. Mr. Groot pointed out that successful retail depends on convenience, adding that customers would rather pay a fine than be inconvenienced. He asked Council members to remand this project for future review if they do approve it. Mr. Groot submitted a nine-minute videotape which he said documented traffic problems at a similar project in Gainesville, Florida. He also submitted a written copy of remarks by Caroline Morgan of the Gainesville Planning Department. Mr. Groot asked Council members to base their decision on reality, deeds, results, and their own life experiences.

Michael Ortiz spoke on behalf of Steve Ginn, owner of the Whole Foods area of Village Plaza. Mr. Ortiz described this as a rare situation where a shopping center will not be enhanced by the development around it but will be drastically impacted by it. He pointed out that the proposed theater would be 198 spaces less than the development requirement. All of the spaces beyond the 145 in front of the theater would be drawn from neighboring tracts, Mr. Ortiz said. Noting that the shopping center already has a parking problem, he predicted that it would be overrun with cars every weekend if Eastern Federal's application is approved.

Mr. Ortiz described the four proposed modifications as significant, adding that Chapel Hill can see what will happen by looking at the project in Gainesville. He gave Council members the phone number (352-334-5023) of the Gainesville Planning Department and asked them to call. Mr. Ortiz noted one of the four findings the Council must make was whether the project would enhance and maintain the value of neighboring property. He argued that this project would very much affect the neighboring property and its tenants for the long term, and asked the Council to deny the application.

George Jones, representing Wellspring/Whole Foods Market, expressed appreciation for the amount of time that the Council had devoted to this application. He reviewed the various contributions that Wellspring had made to the community and described it as a solid and successful business partner in Chapel Hill. Mr. Jones pointed out that both Wellspring and Staples had expanded within their buildings and ordinances. Granting Eastern Federal this variance, he said, would drive Whole Foods customers away. Mr. Jones predicted that allowing the project would lead to a parking nightmare because the center could not absorb 100 extra cars at three-hour increments without destroying the other businesses, which depend on convenient parking.

Cotton Boll owner Rosemary Hargrove noted that Chapel Hill was known for advocating for its citizens, for the quality of life, and for strict requirements. She asked Council members why they were letting Eastern Federal get away with so much. Ms. Hargrove implored the Town Council to help her and the other businesses in the area, which had tried to negotiate with Eastern Federal but had been unable to work out the cross-easement agreement. She submitted a petition signed by her customers, and asked why Eastern Federal’s business was considered more important than her own. Ms. Hargrove asked Council members to check with the Gainesville Planning Department and to avoid repeating the mistakes they had made.

Chris Shaw, owner Shaw Business Machines and manager of Village Plaza and Staples Plaza, stated that making this exception would further aggravate the ongoing parking shortage. He argued that adding bike racks and bus routes would not change the parking situation because people would continue to drive cars.

Dal Honeycutt, owner of a Village Plaza dry cleaning business, stated there had been only one evening during the previous week when parking was available, and that was because of the snow storm. She pointed out that many of her customers come from out of Town, and the theater project will have a negative impact on all cleaners in the area, she said.

Buffie Webber, Executive Director of the PTA Thrift Shop, predicted that traffic between movie showings would be a disaster. She praised Council members for expediting the process, but said that the cross-easement agreement would either make or break the project. Ms. Webber asked Council members to determine what is an acceptable deflection from the theater onto Mr. Ginn's property during construction. If the Council approves this project, she asked, please put time and energy into figuring out how traffic will move off Fordham Boulevard and Franklin Street onto Elliott Road.

Mayor Foy asked the staff to elaborate on the cross-access easement issue. Mr. Waldon explained that the staff had thought it would be helpful to have easements on both properties. It would guarantee that cars move freely across both properties as they do now, he said. Mr. Waldon explained that the applicant no longer agreed to the cross-access easement, and the staff did not think it was reasonable to require it as a condition of approval since it involved an agreement with a third party who was not part of the application.

Mayor Foy asked the applicant's representative, Richard Gurlitz, to explain why the cross-access agreement had broken down. Mr. Gurlitz replied that the applicant had agreed to any form of cross-easement, as was stated in stipulation #12. Mr. Horton explained that Whole Foods owner, Steve Ginn, had not been willing to provide a cross-easement in return. Mayor Foy verified with Mr. Gurlitz that he had not been able to get an agreement from Mr. Ginn. Mr. Waldon clarified that the condition of approval had been that the cross-easement agreement must be reached prior to the start of construction. He explained, though, since the applicant had not been able to gain the agreement of the adjoining property owner the applicant had not fulfilled that condition.

Mayor Foy asked for a comment form Mr. Ortiz, who explained that discussion at the last Council meeting had determined that the agreement must have some structure to prevent traffic from crossing over if traffic became unbearable. The agreement had been worked out by the parties, he said, but the Town's Planning Department had rejected anything that would restrict access. He said Mr. Ginn was willing to discuss a cross-access easement as long as it provided certain requirements. Mr. Ortiz pointed out that Mr. Ginn's tenants have a right to oversee any cross-access easement that he enters into.

Mayor Foy clarified with Mr. Ginn that Eastern Federal was willing to grant a broad access easement to their side, but Mr. Ortiz’s side was not willing to grant the same kind of broad easement. Mr. Ortiz replied this was the agreement that had been presented to them within the last 24 hours. He said agreeing to this would mean that Whole Foods would never be in a situation to change or modify its portion of the shopping center because they would always have to grant a cross-access agreement. Mr. Ortiz stated that Whole Foods would not be able to satisfy all of the requirements of their tenants and still grant a cross-access easement.

Mayor pro tem Evans pointed out that most of the Whole Foods overflow parking had been going into the movie theater's parking lot. Without a cross-access, she said, it seemed as though Whole Foods would be hurting rather than helping its tenants. Mr. Ortiz replied there had always been an unwritten agreement to allow cross-access. Changing that would change the entire complexion of the shopping center, he said, so their only recourse was to not agree.

Mr. Horton pointed out that the existing approval for the Whole Foods development shows an unobstructed, two-way connection between these two properties. If Whole Foods were to attempt to block that off, he said, they would violate their existing permit.

Council Member Strom inquired about Whole Foods perhaps increasing their parking capacity. Mr. Ortiz replied that the changes that had been looked at would seriously impact the capability of delivery trucks. He added it would be shortsighted to close off an entrance or exit to create more parking spaces.

Council Member Harrison asked why there was nothing in the stipulations about Eastern Federal providing security. Mr. Horton replied that this would be reaching beyond what the Town can lawfully require. Mayor Foy determined that Council Member Harrison was requesting that.

Mr. Ortiz implored Council members to talk with planners in Gainesville about the increased cost and limited effectiveness of an "after-the-fact type method of controlling parking."

Mayor Foy reminded Mr. Gurlitz about Council Member Harrison's request regarding security. Mr. Gurlitz replied that the applicant would agree to provide security on an as-needed basis. Mr. Karpinos asked how this would be done.

Council Member Kleinschmidt suggested the aggressive style of the security officers at University Square.

Mayor Foy stated that the security guard would direct traffic away from the Whole Foods shopping center. Mr. Gurlitz said that this would be acceptable as long as there was some reasonable trigger for when that would go into operation.

Council Member Wiggins wondered if it could work both ways, adding she almost always parks in the theater lot when she shops at Whole Foods.

Council Member Ward commented that the Town should look toward a development that does not require that kind of police effort.

Council Member Verkerk expressed a preference for a more symbiotic arrangement, one that would allow people to park in one spot and then go to dinner, see a movie, and go shopping.

Council Member Bateman compared this situation to David and Goliath going out to seesaw, and said that she would support the smaller, home-grown businesses. Because of the long list of requested modifications, she said, she did not intend to vote in favor of this project.

Mayor pro tem Evans expressed disappointment that the prior weeks' agreement had fallen through. She asked again that the entrance to the theater be moved closer to the ABC store. Mr. Gurlitz stated that traffic flow would be the problem with that. Mayor pro tem Evans suggested making the traffic pattern accommodate the entrance, even though it might not be the easiest location. She said she was sure it could be done, adding that it would help the parking situation a great deal.

Council Member Strom wondered why the businesses to the east of the theater had not objected to the development project. Mr. Gurlitz said that objections had only come from the six people on the Whole Foods side who had spoken at Council meetings. He said that he did not know what portion of Mr. Ginn's tenants those six represent.

Council Member Strom determined that Eastern Federal had found 50 additional parking spots by reconfiguring their parking, and determined that this did not include the additional 25 spaces in the back of the project.

Mayor pro tem Evans corrected typos on pages 10, 11 and 13 of the resolution, and inquired about the transit incentives mentioned in stipulation 16, noting that Town buses are free. Mr. Waldon explained that employers could provide additional incentives to their employees.

Mayor pro tem Evans asked Mr. Waldon if he thought the five components covered all of the things the Council might include in a Transportation Management Plan, or would it be better not to specify. Mr. Waldon noted that the Town encourages creativity and would not set a limit, specified or not. The Town would encourage employers and property owners to be as aggressive as possible in getting people out of their cars, he said.

Mayor pro tem Evans expressed frustration about granting expedited review for the public good and now having a problem with the project not enhancing adjacent properties, causing more problems than it cures, and not including the cross-access agreement. Mr. Horton pointed out that the only way to make it go away is to vote on it.

Council Member Verkerk expressed support for the application. She suggested solving the parking problems by reducing the number of tenants or redesigning the parking lot. Council Member Verkerk stated that it was unfair to tell another business that they could not improve their property merely because yours is doing so well. She expressed concern about what would happen to that lot if Eastern Federal abandoned the project, and said she did not want to sacrifice a movie theater for 198 parking spaces. Council Member Verkerk pointed out that Eastern Federal had given up a lot throughout the negotiations, adding that she had not seen Whole Foods give much. She described the movie theater as a good project for Chapel Hill in a place that needs it.

Council Member Ward inquired about the staff's comment on page two, regarding parking being reasonable because of the counter-cyclical uses. He asked for a better sense of how 1,600 seats would translate into parking spaces. Mr. Waldon replied that the staff could only offer its observation that the current parking requirements for the suggested development would be 688 spaces. It would be 200 spaces short after Phase I, he said, adding that the staff cannot quantify counter-cyclical activity. Mr. Horton stated that the staff thought the proposal was reasonable, but noted that others might look at the same numbers and conclude otherwise. He pointed out that the parking numbers on page 152 and the surveys that the applicant had conducted at the Council's request were the only facts they had as to present conditions, and do not speak to future conditions.

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

MAYOR PRO TEM EVANS MOVED R-11A, AS AMENDED TO INCLUDE CORRECTIONS ON PAGES 10, 11 AND 13, WITH A DIFFERENT LOCATION FOR THE ENTRANCE, AND WITH SECURITY MONITORS. SHE ASKED THE MANAGER AND ATTORNEY TO CRAFT LANGUAGE FOR THE LAST TWO CHANGES. COUNCIL MEMBER VERKERK SECONDED.

Council Member Wiggins explained that she would not support the application, but, if it passed, she would like the applicant to provide a Construction Management Plan. Mayor pro tem Evans and Council Member Verkerk accepted that amendment.

Council Member Ward stated that the theater was not in the Town's overall best interest even though he was a proponent of squeezing parking.

Council Member Harrison said that he goes to this theater without a car but that this asks a lot of a regional theater-going public. He concluded that he was not comfortable with this proposal at this time.

Council Member Kleinschmidt pointed out that the deficit in parking spaces requires that all of the parking spaces for Whole Foods, the theater, and Mark Properties be full at the same time. He said that this seemed improbable to him, given the cyclical nature of the businesses there, and in order to make alternative transportation work means you have to swallow hard sometimes.

Mayor pro tem Evans noted that her motion now addressed all of the concerns that Mr. Ginn had brought to the last meeting.

Mr. Horton offered wording for the amendment on relocating the lobby.

Mayor Foy noted that the Council had been put in a difficult situation, but urged them to vote.

Council Member Wiggins inquired about extending free bus service to this area in the evening. Mr. Horton replied that the Council could decide to do that if there was demand for it. He noted that the Town would hear from customers if they desired to have that service.

Council Member Wiggins remarked that this would cost the Town money. Mr. Horton said that the staff hoped it would be successful and that other shopping areas would use the extra service.

Council Member Wiggins wondered if any of those in the audience who had opposed the SUP were satisfied. Mayor Foy suggested that those who were satisfied raise their hands, but no one did so.

Council Member Bateman pointed out that her size nine foot would never fit into a size six shoe, and that is what the Town is trying to do with this multiplex theater in this small area, she said.

Council Member Strom called the question.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-11a AS AMENDED TO INCLUDE TYPOGRAPHICAL CORRECTIONS ON PAGES 10, 11 AND 13; TO SHIFT THE LOCATION OF THE BOX OFFICE TO THE SOUTHERN EDGE OF THE THEATER BUILDING; THAT THE PROPERTY OWNER PROVIDE AT LEAST TWO ON-SITE SECURITY MONITORS DURING THE HOURS OF 6:00 P.M. AND 9:00 P. M. ON FRIDAY AND SATURDAY NIGHTS AND FROM 1:00 P.M. TO 6:00 P.M. ON SATURDAY AND SUNDAY AFTERNOONS, TO DIRECT TRAFFIC FLOW FOR THE PURPOSE OF DIRECTING THEATER PATRONS TO PARK ON THE APPLICANT'S SIDE AND TO DISCOURAGE PATRONS FROM PARKING ON ADJACENT PROPERTIES. THE COST OF PROVIDING SUCH MONITORS SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER; AND THAT A CONSTRUCTION TRAFFIC MANAGEMENT PROGRAM BE APPROVED BY THE MANAGER PRIOR TO THE BEGINNING OF CONSTRUCTION.

THE MOTION WAS ADOPTED (5-4), WITH MAYOR FOY AND COUNCIL MEMBERS EVANS, KLEINSCHMIDT, STROM AND VERKERK VOTING AYE, AND COUNCIL MEMBERS BATEMAN, HARRISON, WARD AND WIGGINS VOTING NAY.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR VILLAGE PLAZA SHOPPING CENTER RENOVATION (2003-01-27/R-11a) ~~(2002- )~~

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Eastern Federal Corporation and Triangle V II L. P. on property identified as Chapel Hill Township Tax Map 46, Block B, Lots 11 and 11B (PIN# 9799242361, 9799148584), if developed according to the site plan dated July 17, 2002 and site plans included as attachments to the January 13, 2003 Council memorandum titled Additional Parking Lot Buffer, and the proposed Refuse Compactor/Container/Parking Layout dated January 8, 2003, and conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 13.11.1 and 5.5.2.1 to allow a minimum of 154,242 square feet of livability space.

2. Modification of Subsection 14.6.6 (a) to allow less than a five-foot landscaped strip between portions of the buildings and adjacent parking areas.

3. Modification of Subsection 14.6.7 to allow a minimum of 490 parking spaces.

4. Modification of Subsection 5.5.2.2 to allow impervious surface areas associated with this development to encumber 24% of the Resource Conservation District.

Said public purposes being (1) the provision of higher intensity infill development, (2) the promotion of greater pedestrian mobility, (3) the provision of increased landscaping in the parking lot, (4) the provision of less impervious surface area, and (5) the provision of improved quality with Best Management Practices.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for the Village Plaza Shopping Center Renovation in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by January 27, 2005 and be completed by January 27, 2006.

2. Land Use Intensity: This Special Use Permit authorizes business-convenience use and the demolition of 24,797 square feet of floor and land use intensity requirements as specified below:

Land Use Intensity	Village Plaza Shopping Center
Net Land Area	475,632 sq ft
Total # of Buildings	10 (8 existing, 2 new)
Maximum Floor Area	110,034 sq ft
Maximum # Movie Theater Screens	10
Maximum # Movie Theater Seats	1,600
Minimum Outdoor Space	407,920 sq ft
Minimum Livability Space	154,242 sq ft
*Minimum # of Parking Spaces	490
Minimum # of Bicycle Spaces	87

*Parking spaces may be decreased in order to accommodate pedestrian crosswalks/walkways between the proposed Elliott Road sidewalk and the shopping center buildings.

3. That the location of the box office be shifted to the southern edge of the theater building.

Stipulations Related to Access and Circulation

4. Elliott Road Access Driveway “C and D”: That the applicant improve the two northern most driveways (driveway “C and D”) along Elliott Road to provide 30-foot wide driveways with striped left and right turn lanes exiting the site, stop signs and one lane entering the site. That, if practical, the reconstructed driveways shall intersect Elliott Road at a 90 degree angle. The final design and configuration of these two reconstructed driveways along Elliott Road shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

5. Elliott Road Sidewalk: That the applicant:

a) Construct a minimum width five-foot wide sidewalk along the Elliott Road frontage of the Village Plaza site beginning on the south side of access driveway “D” and terminating on east side of access driveway “A”. The sidewalk shall connect to the proposed Booker Creek Greenway trail spur near the east side of access drive “A.”

b) That the sidewalk be installed directly adjacent to the parking lot curb rather than adjacent to Elliott Road. If deemed necessary by the Town Manager in order to minimize the impact on the street trees and to provide suitable space for supplemental planting necessary to screen the parking lot, the applicant shall adjust the existing parking lot curb location. The final location and design of the sidewalk and parking lot curb, including wheel stops shall be reviewed and approved by the Town Manager.

c) That the installation of the sidewalk includes a connection to the Elliott Road bus stops.

d) That, if a portion of the sidewalk is constructed outside of the public right-of-way, prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a copy of a recorded pedestrian access and public maintenance easement for the portion of the sidewalk outside of the public right-of-way. The maintenance easement shall extend to a point one-foot behind the inside edge of the sidewalk. The easement document shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds.

e) That the final plans include signage, to be approved by the Town Manager, indicating that the sidewalk connection provides access to the Booker Creek Greenway and US 15-501.

6. Pedestrian Connection to Booker Creek Greenway: That the applicant construct a pedestrian connection between the Booker Creek Greenway and the back of the movie theater. The location and design of this pedestrian connection shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

7. Traffic Signal Timing Plans: That prior to the issuance of a Zoning Compliance Permit, the applicant provide a payment-in-lieu of $5,000 for the design and implementation of a traffic signal timing plan.

8. Elliott Road Bus Shelters: That prior to the issuance of a Zoning Compliance Permit the applicant provide a payment-in-lieu of $10,000 for two bus shelters, and associated improvements, at the existing bus stops in front of the Village Plaza Shopping Center. The applicant may provide the approved shelter prior to issuance of a Certificate of Occupancy instead of providing the payment-in-lieu.

9. Booker Creek Greenway Easements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide recorded copies of the following easements, as reviewed and approved by the Town Manager:

a) Temporary construction access easement across the eastern entrance drive and parking lot that lies east of the Spa Health Club;

b) Temporary construction access and staging easements over the portion of the property that lies east of Booker Creek; and

c) Permanent public greenway easement that would allow the Town to construct, access and maintain a continuation of the existing trail across the property.

Exact dimensions and specific location of these easements shall be determined, through discussion between staff and the developer, prior to the issuance of a Zoning Compliance Permit. The easement document(s) shall be recorded with the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.

10. Booker Creek Greenway Cost Sharing Payment: That the applicant agrees to participate in cost sharing for the construction of the Booker Creek Greenway by providing a $10,000 payment.

11. New Vehicular Connection to the Whole Foods Shopping Center: That the applicant provide a service vehicle access driveway connection between the proposed development and the Whole Foods shopping center. The access drive shall permit uninterrupted travel between Village Plaza driveway “A” on Elliott Road and the Whole Foods shopping center. The access drive shall be located behind the Village Plaza shopping center, adjacent to the site’s eastern property line.

12. Construction Access and Maintenance Easements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a temporary construction and permanent maintenance easement for off-site improvements associated with the proposed Village Plaza Development.

The easement document(s) shall be recorded with the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.

13. Ingress, Egress Easement: That the applicant shall provide an ingress and egress access on Village Plaza site (aka Lot #1 and Lot #2 Village Plaza) permitting tenants and customers from the Whole Foods and Gateway Commons properties vehicular and service vehicle ingress, egress and regress across and between the Whole Foods/Gateway Commons properties and Lot #1 and Lot #2 Village Plaza. The easement shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office, and copies of the agreement shall be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

14. That the property owner provide at least two on-site security monitors during the hours 6:00 p.m.-9:00 p.m. on Friday and Saturday nights, and from 1:00 p.m.-6:00 p.m. on Saturday and Sunday afternoons, to direct traffic flows for the purpose of directing theater patrons to park on the applicant’s site and discourage theater patrons from parking on adjacent properties. The cost for providing such monitors shall be the responsibility of this property owner.

15. Parking Lots: That all parking lots, drive aisles and parking spaces associated with the proposed development shall be constructed to Town standards.

16. Parking Lot Crosswalks/Walkways: That two additional crosswalks/walkways shall be provided in the parking lot for pedestrian movements between the proposed Elliott Road sidewalk and the shopping center buildings. The crosswalks/walkways shall be located at or near Driveway “B” and “C.” Parking lot landscaping shall not be modified however, parking spaces may be decreased in order to accommodate the crosswalks/walkways. Final crosswalk/walkway locations shall be reviewed and approved by the Town Manager.

17. Park and Ride Spaces: The applicant shall reserve a minimum of 20 parking spaces for the Town’s Park and Ride program. Spaces shall be reserved between 6:00 a.m. and 6:00 p.m. Monday through Friday. The parking spaces shall be located within 200 feet of a bus stop and adjacent to the proposed Elliott Road sidewalk. Prior to the issuance of a Certificate of Occupancy, the applicant shall install signage, approved by the Town Manager, for the reservation and designation of these parking spaces.

18. Transportation Management Plan: That the applicant provide a Transportation Management Plan to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Provision for designation of a Transportation Coordinator;

b. Provision for an annual Transportation Survey and Annual Report to the Town Manager;

c. Quantifiable traffic reduction goals and objectives;

d. Ridesharing incentives; and

e. Public transit incentives.

The plan shall be updated and approved annually by the Town Manager.

19. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:

Total Number or Required Spaces	87
Number of Class I Spaces	18
Number of Class II Spaces	69

The 87 bicycle parking spaces, including the Class I Spaces, shall be distributed proportionally around the site. The applicant shall install signage identifying the location of Class I spaces. The applicant provide shower and locker facilities.

Stipulations Related to Landscape and Architectural Elements

20. Required Landscape Bufferyard: That the following landscape buffers are required:

Location of Bufferyard	Required Bufferyards

Elliott Road: Between US 15-501 and Driveway “A”	Minimum 15’ Type “A” Buffer
Remaining Elliott Road frontage	Alternate Type “A” Buffer (as authorized by the Town Council)
US 15-501 frontage	Minimum 75’ Type ‘D’ Buffer
Whole Foods property line	Alternate Type ‘B’ Buffer (as authorized by the Town Council)

Location of Bufferyard