Council Member Ward announced a ceremony at the Carolina Inn on April 12 at which UNC and the Town would formally announce a joint commitment to reduce carbon emissions by 60 percent by 2050.  Mayor Foy had been asked to participate, and Town staff had been asked to work with UNC Professor Doug Crawford Brown to link the Town�s website to one being created for this event, he said.   

Mayor Foy said the Council was committed to the project and happy to participate in the event.

Council Member Thorpe verified that Council Members Ward and Easthom and Mayor pro tem Strom were on the committee planning this event.   

Council Member Ward asked to be recused from this hearing because of his connection with the NC Botanical Gardens. There was unanimous consent.

Mr. Poveromo outlined the request for a Special Use Permit (SUP) for the Botanical Gardens Visitor Education Center. The request was for 29,000 square feet of new floor area and 14 new parking spaces.  Mr. Poveromo displayed the applicant�s site plan, which showed a bicycle path running parallel to Old Mason Farm Road.  He said that the plan would be improved if the path connected Coker Road with Mason Farm Road, and he noted there would be a revised stipulation addressing that when this came back to the Council. 

Mary Jane Felgenhaer, representing UNC, introduced Dianne Gillis, UNC project director, David Swanson, a landscape architect, and Peter White, Botanical Gardens director.  She described the Gardens� location, mentioned several of its neighbors, and explained that UNC had notified the surrounding neighborhood of the plan.  Ms. Felgenhaer described the current structure and indicated where the new center would be.  She said there would be a total of 130 parking spaces on the site.  Ms. Felgenhaer outlined the plan and pointed out that the project would be submitted for LEED platinum certification.   She said the applicant agreed with the staff�s recommendation and with Resolution A.

Tom Jensen described the Botanical Gardens as one of the Town�s crown jewels.  He praised the idea of having a visitors center that matches the quality of the gardens.  Mr. Jensen noted that this would be the first LEED platinum building in North Carolina.  It would serve as a model for future UNC construction projects, he said.

Sally Couch Vilas described the project as the most exciting change that had come along in the 76 years that she had been living in Chapel Hill.  She praised the Gardens� "beautiful, creative design," as well as its director and staff.  Ms. Vilas urged the Council to vote in favor of the project.   

Bill Bracey said the visitor center would be one (if not the) premier attraction in Chapel Hill.  It would become a destination for architectural tourism as well as for people interested in the Gardens, he said.  Mr. Bracey urged the Council to support the project.

Peter White, Botanical Gardens director, said that he and his staff and users of the Gardens were thrilled that they had reached this point.  They were very proud of the building and all the work that had gone into it, he said, and he asked for the Council�s support. 

Council Member Harrison disclosed that it was he who had suggested connecting Coker Road to Mason Farm Road.  He said it was rare for him to suggest only one change.  Council Member Harrison noted that this project comes with a full set of bicycle facilities, and said he was looking forward to the project�s completion.

Mayor Foy praised the excellent application.  He was especially pleased with the LEED platinum certification, he said, and he noted how difficult that was to achieve.  Mayor Foy asked the staff, however, why the LEED stipulation had not been included in the SUP.  

Mr. Poveromo replied that he had not yet had a conversation about stipulating that as part of the SUP.  Ms. Felgenhaer said the applicant intended to apply for LEED certification.  They would be happy to have the same LEED silver stipulation that was used for the expedited review request, even though their goal is LEED platinum, she said. 

Council Member Ward, the Botanical Gardens� curator, said the expedited review requirement was 20 percent energy efficiency, as well as LEED silver.  He was sure the Gardens would be willing to stipulate that as well, he said, noting that they already were at more than 40 percent energy efficiency. 

Mayor Foy ascertained that Ms. Felgenhaer would meet with the staff to add the stipulation.  

Council Member Harrison asked the Manager and Ms. Culpepper if this item could come back as soon as April 11.  Council Member Kleinschmidt noted that another item would be shifted to April 11 as well, and he asked if there was an important reason why this one needed to be shifted. Council Member Harrison withdrew his request.  

Council Member Mark Kleinschmidt MOVED, SECONDED BY Council Member Sally Greene, TO Recess the public hearing to April 23, 2007.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Cam Hill, TO  receive comments to the Manager and Attorney.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Ms. Culpepper reviewed the application for modification of an existing SUP.  It requests construction of a water storage tank and a pumping facility that would supply cooling tower demands at chiller facilities on the UNC campus, she explained.  Ms. Culpepper said the applicant was asking for a modification to impervious surface regulations, and that the staff�s preliminary recommendation was for Resolution A.

Tom Tant, of Hazen and Sawyer Engineers, outlined the project�s background and purpose.  He discussed the existing site, surrounding conditions, and the proposed facilities.  Mr. Tant showed photos, a site plan, architectural drawings, and an aerial view of the area.  He discussed the demand for reclaimed water at the chiller plant and explained how using such water in UNC�s chiller facility cooling towers would benefit the community. 

Council Member Ward verified that the building would not be taller than anything else in the area. 

Council Member Thorpe inquired about a comment that Mr. Tant had made regarding a possible lack of funding to build the ideal structure.  Mr. Tant showed a diagram of the size  structure they hope to construct, and described the smaller one they would build if they do not have enough funding.  Future volume would be added at a later date, said Mr. Tant, stressing that the requested modification was for the larger facility.

Council Member Harrison asked if any of the reclaimed water would be used outside UNC.  Mr. Tant replied that the design would allow that to happen.  However, the initial phase does not contemplate users other than UNC, he said.  

Mayor pro tem Bill Strom MOVED, SECONDED BY Council Member Jim Ward, TO Recess the public hearing to April 11, 2007 and refer comments to the Manager and Attorney.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mr. Poveromo reviewed the proposal to construct a 7,963 square-foot expansion of the clubhouse and pro shop.  He explained that this proposal was in addition to the applicant�s plan to rebuild the old clubhouse, which had recently been damaged by fire.  Mr. Poveromo noted the Transportation Board�s recommendation that the applicant work with the Town to convert a proposed speed table on Lancaster Drive into a raised pedestrian crosswalk.  He pointed out that Stipulation 7 asks the applicant to make a payment-in-lieu of $3,500 toward upgrading that speed table. 

Bob Zumwalt, of John R. McAdams Company, said the fire had damaged a significant portion of the clubhouse and the extent of that damage was still being determined.  He said that this did not change the need in this SUP for additional square footage, however.  Mr. Zumwalt reviewed the concept plan, showed photos and artists renderings, and explained that the expansion was necessary to serve the existing membership.  The goals were to improve facilities for the current membership and to update the buildings, he said.  

Mr. Zumwalt explained that perimeter lands or natural areas would not be impacted or changed by the expansion and that there would be no increase in parking spaces.  Traffic volumes and patterns would not change, he said, and housing values in The Oaks would be enhanced.  Mr. Zumwalt added that there was no anticipated draw on municipal services.

Council Member Ward suggested changing the language on Page 4 to reflect the Bicycle and Pedestrian Board�s comments about using existing parking structures for bikes and adding new racks.  He asked that Resolution A include a stipulation requiring a total of 42 bike parking spaces, including at least 11 inverted, U-type racks.

Mr. Poveromo said that would be clarified when the item returns to the Council.

Council Member Cam Hill MOVED, SECONDED BY Council Member Jim Ward, TO Recess the public hearing to April 11, 2007 and refer the comments to the Manager and Attorney.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Foy announced that from now on concept plans would be be discussed no longer than 15 minutes.

Ms. Culpepper summarized the concept plan for the Orange County Animal Services building.  She recommended that the Council review the plan, receive comments from the Community Design Commission and citizens, and adopt a resolution transmitting comments to the developer.  Ms. Culpepper pointed out this was in the joint planning area and would require both a rezoning and a SUP.  The rezoning would require action by both the Orange County Commissioners and the Town Council, she said.

Ellen Weinstein, with Dixon Weinstein Architects, outlined the Animal Services� mission and explained that it currently operates from three locations, which would be combined and housed under one roof.  She said that Orange County had purchased a six-acre site on Eubanks Road, and she showed that on a map and described adjacent properties.   

Ms. Weinstein outlined the plan for a 21,000 square-foot building with approximately 52 parking spaces.  She said dog runs would all be inside and dogs would be outside only with supervision.  Ms. Weinstein noted that the current animal shelter needed to be vacated by January 2009, so this building must be under construction by December 2007.  She said the building�s use was allowed under the current zoning, but the intensity of use was not.  

Mayor pro tem Strom, noting that he and Council Member Kleinschmidt were co-chairs of the Rogers Road Tract Small Area Planning Group, explained that one of their challenges was finding access into the Green Tract in addition to the Purefoy Road access.  He said that the Town might have an interest in beginning to align a road along that private road access.  

Council Member Ward, the Council liaison to this group, said he wanted the Council to get a stronger, more explicit commitment from the County in terms of the sustainable energy design elements, such as daylighting and energy efficient heating and cooling.  He asked to hear the traffic engineer�s point of view regarding the need for two accesses and the high number of parking spaces.  Council Member Ward also asked to see a direct route, such as a sidewalk, for pedestrians to get onto this facility.  

Mayor Foy agreed with Council Member Ward�s comments about the sustainability factors, adding that this was especially important with public facilities.  He said the Town was looking for a measurable commitment, such as LEED certification.  Mayor Foy noted that Ms. Weinstein had mentioned such features.  He also agreed with regard to the number of parking spaces, he said, noting that not all parking spaces that might be needed in the future must be built now.   

Council Member Harrison wondered if any areas of the building could be two-story, noting that this would reduce the footprint.  Ms. Weinstein replied that this had been considered, but it detracted from the functionality because so little of the square footage could go on the second level.  Council Member Harrison wondered where the utility and sewage lines would go.  He suggested that the Town, Orange County, and OWASA do some forward thinking about perhaps putting lines through this site and into the Greene Tract.     

Tony Whitaker, a civil consultant, said the Orange County Landfill was currently sponsoring the design of an OWASA public sewer line from the intersection of Mill House Road and Eubanks Road to this site and the landfill on the south side.  He said this site would tie into that, adding that he was certain there would be discussions with OWASA regarding regional issues.

Mayor pro tem Strom pointed out that sewer should not extend to the Greene Tract, except for the 18 acres that have been identified for development.  He agreed that development to the east was of interest, but not into the entire Greene Tract. 

Mayor Foy noted that the 18 acres on the Greene Tract that would be developed as affordable housing had been chosen because that area could be served by sewer coming up from the south. 

Council Member Kleinschmidt expressed surprise that this was such a rural, almost suburban design, for something that would be inside the Town�s Urban Services Boundary.  He wondered why the dog runs were inside the building, for example.  Council Member Kleinschmidt also wondered why the entryway would not be on the private drive and why there was such a high number of parking spaces.  He was in support of the sustainability points, but did not like this design in a transitioning area of the community, he said. 

Mr. Whitaker explained that the signalized intersection and the railroad crossing at Mill House Road were so close to the entrance that the applicant thought they would not get NC Department of Transportation approval for any entrance but the one proposed.  There were safety constraints that caused them to plan the driveway farther away, he said. 
  
Council Member Kleinschmidt suggested improving the movement through the property over to the private drive area.  He said that might be the answer to the Town�s issues about accessing properties south of that location.

Mr. Whitaker noted that there was also is a 60-foot-wide private access easement on the landfill property immediately adjacent to the western property line.  Council Member Kleinschmidt asked about bringing the shelter drive in through there, and Mr. Whitaker replied that it would require a Resource Conservation District stream crossing.  He said it was not impossible to do, but the applicant was trying to work within the confines of the property they have.  Moreover, they need a winding driveway to play out the change in elevation between the shelter and Eubanks Road, Mr. Whitaker said. 

Council Member Kleinschmidt described the shelter as being like "a big stopper" at the end of the road.  He asked the applicant to review their options.

With regard to Council Member Kleinschmidt�s comments about the suburban nature of the design, Ms. Weinstein agreed but explained about the constraints that had led to that design. 

Council Member Thorpe asked that the noise of barking dogs be controlled.  Ms. Weinstein pointed out that one dramatic change from the old facility was that the dog runs would not be outside.

Council Member Greene agreed with what had been said about parking and sustainability.  She pointed out that this was an animal shelter and said she did not object to the outline looking vaguely suburban.

Council Member Jim Ward MOVED, SECONDED BY Council Member Mark Kleinschmidt, TO Adopt R-1.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR THE ORANGE COUNTY ANIMAL SERVICES BUILDING (2007-03-19/R-1)

Mr. Poveromo introduced the item, noting that a SUP and rezoning had been approved in 1999 for a mixed-use commercial office structure on the property.  The SUP had expired in 2004 because the construction completion date had expired, and the rezoning expired as well, he said.  When the SUP expired, the zoning reverted back to R-1 and R-5, said Mr. Poveromo, explaining that this 18,500 square-foot mixed use building would now require a rezoning as well as a SUP.  The applicant was also proposing 59 parking spaces, he said.

Nathan Harms, with Gurlitz Architectural Group, outlined the concept plan.  He showed photos and artists� renderings, and noted that the plan had not changed at all between 1999 and 2001. 

Mayor pro tem Strom noted a stub-out on the plan, and pointed out an existing stub-out on Velma Road as well.  Mr. Harms said that was a potential link to adjacent property.  Ms. Culpepper explained that the last time the Council approved an SUP for this project the access on Velma Road had been prohibited. 

Josh Gurlitz explained that a small area plan had been done in the mid-1980s for this portion of Franklin Street.  The first time this application went through that plan had been respected so that those properties could eventually be connected, he said.  Mayor pro tem Strom suggested looking at it again, since much had changed since the 1980s.   

Council Member Harrison noted that the Community Design Commission chair had mentioned wanting a connection to Velma Road.  Council Member Harrison and Mr. Gurlitz agreed that it would have to be a stairway, and Council Member Harrison recommended that stairs be constructed.

Council Member Ward asked about a previous suggestion to share driveway access with the Ballet School.   Mr. Gurlitz replied that that suggestion was, and still is, a bad idea because peak pick-up and drop-off hours at The Ballet School are intense. 

Council Member Ward expressed appreciation for the effort to protect frontage trees.  He pointed out that preserving those trees must be a lifelong commitment, however.  Council Member Ward asked that users of the facility be educated about what it takes to maintain tree health.

Deil Wright, a Velma Road resident, said that he and his wife had spoken before the Council in the 1990s about prohibiting access from Velma Road.  He said there had also been discussion about a 50-foot buffer and plantings so that one would not see a sea of asphalt when walking along Velma Road.  Mr. Wright told the Council that he and his neighbors do not want access from Velma Road to this property.  That would be an invitation for people to park on Velma, he said, adding that he had made these concerns known to Town planning staff.

Mayor Foy asked Mr. Wright his opinion on having steps there.  Mr. Wright replied that they had objected to that in the past and had made their concerns known.  Mayor Foy suggested that Mr. Gurlitz discuss these issues with Mr. Wright and his neighbors, especially with regard to the buffer and the visual aspects of living next to this project. He asked that they also discuss whether having some access would benefit the neighborhood and the project.

Council Member Easthom asked about the applicant�s plans with regard to buffers.  In addition, she wondered if neighbors had expressed concerns about lighting from the building.  Mr. Gurlitz replied that buffering was an issue and that the new landscape plan would be heavily buffered and screened with plantings.  He said they probably would have cut-off lighting, and he pointed out that one would be looking down upon the site from Velma Road.

Council Member Jim Ward MOVED, SECONDED BY Mayor pro tem Bill Strom, TO Adopt R-2.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR 1609 EAST FRANKLIN STREET (2007-03-19/R-2)

Ms. Culpepper outlined the concept plan proposal for a 9,000 square-foot bank building with a drive up window. She said it would require a SUP and a modification of the Meadowmont master land use plan.  Ms. Culpepper recommended that the Council review the proposal, receive comments from the Community Design Commission and citizens, and adopt a resolution transmitting comments to the developer. 

Mayor Foy recalled that there had been a proposal for a Wachovia Bank in the area.  Ms. Culpepper showed on the map that this was a different location.  Mayor Foy verified that the Wachovia application had been approved but the time limit had expired. 

Richard Gurlitz, the applicant, showed area photos, a site plan, artists� renderings, and he outlined the concept plan.  It would be architecturally compatible with both Meadowmont  and the hotel next door, he said.  

Council Member Kleinschmidt asked if this design was typical of Gateway Banks.   Darrin Howell, city executive with Gateway Bank in Chapel Hill, headquartered in Elizabeth City, NC, said that Gateway does not have a certain set design for exteriors of their buildings.  This allows them to work with local architects to create designs that fit local communities, he said. 

Council Member Kleinschmidt said that to him this design did not seem compatible with the community.  He suggested that the applicant look at what the Council had suggested for Woodmont.  Council Member Kleinschmidt criticized several aspects of the plan and said that he did not want to see it at the front door of his Town. 

At Council Member Harrison�s request, Mr. Gurlitz showed how a driver would enter the site and circulate through it.  Council Member Harrison asked for assurance that a driver would be able to make the last exiting movement at a peak hour, noting that this was the worst stretch of highway in that part of the Triangle. 

Mr. Gurlitz replied that it would be a difficult movement, and that this was why they had located the entrance down at the end.  Council Member Harrison cautioned that the Barbee Chapel intersection was already at 120 percent capacity and that NCDOT would not make improvements there in the near future.  He said that this would be a difficult place to manage traffic.    

Mayor pro tem Strom asked the Town staff if the 75-foot buffer shown from Highway 54 was a requirement of the zone.  Ms. Culpepper replied that it was a requirement of the Meadowmont master land use plan.  Mayor pro tem Strom verified that the Meadowmont plan did not include a drive-through at this location.  Ms. Culpepper explained that this was why the application would require a modification.   

Council Member Hill congratulated Mr. Gurlitz on his design of the Senior Center on Homestead Road.  He said that he agreed with Council Member Kleinschmidt�s comments about this design, however.  Council Member Hill encouraged Mr. Gurlitz to design something that would be striking and attractive in the location. 

Council Member Greene agreed with Council Member Hill�s comments about the Senior Center building, which she described as "spectacular." She also agreed with his and Council Member Kleinschmidt�s comments about the design of this building, noting that it would be at a  prime entranceway to Chapel Hill and deserves a more distinctive design.    

Mayor Foy pointed out that the Town had actively discouraged drive-throughs.  He said the applicant would have to present the Council with a compelling reason for why they should permit one there.  Mayor Foy explained that the carbon created by idling cars is one of the reasons for not permitting drive-throughs.  He suggested that the applicant consider off-setting that by bringing this application in as a LEED gold certified building.  Otherwise, he said, he did not see a reason to deviate from the Council�s general practice.

Council Member Ward expressed support for the approach that Mayor Foy had just mentioned.  He also recommended a light colored roof, getting daylight into 75-95 percent of the interior spaces, and adding a number of other factors, which would not cost any more if they are part of the original concept.

Mayor pro tem Strom said, since it appears that the Meadowmont master plan would have to be altered for this scheme, the applicant might think about encroaching into the 75-foot buffer by moving the building closer to NC 54.

Mayor Foy complimented the applicant for the effort to reduce the number of parking spaces. 

Council Member Ward wondered, with regard to Mayor pro tem Strom�s comments about looking into a narrower buffer, if entranceway art at that location might work with the project. Council Member Kleinschmidt agreed that the applicant might work with other developers in the area to do something like that.  That entranceway "really needs a jewel," he said.

Mr. Campbell, with Gateway Banks, asked about Wachovia Bank and its approval.  Ms. Culpepper replied that Wachovia would not have had the prominence that this bank would have.  It was tucked away and sort of hidden on the other side of the road on a site that sloped downward, she said.  Ms. Culpepper pointed out that it was in an area that one would not see in the way that this one could be seen.  

Mayor Foy said that the Meadowmont master plan envisioned most of the entranceway looking like meadows, with the buildings and parking areas screened.  But, this particular site is so prominent when a driver comes around the corner and into Chapel Hill that maybe it is not appropriate that it just be screened, he said.   

Mayor pro tem Strom suggested that the applicant look back and read what the Town has done with public art and how it aspires for good design.  There is a trade-off, he said, adding that the Council has confidence that Mr. Gurlitz could make an important statement.  Mayor pro tem Strom encouraged the applicant to talk with Mr. Gurlitz about that. 

Council Member Mark Kleinschmidt MOVED, SECONDED BY Council Member Jim Ward, TO Adopt R-3.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR GATEWAY BANK AND TRUST AT MEADOWMONT (2007-03-19/R-3)