DRAFT SUMMARY MINUTES OF A
PUBLIC HEARING
OF THE CHAPEL HILL TOWN COUNCIL
Tuesday, April 17, 2007, AT 7:00
p.m.
Present were Mayor pro tem Bill Strom, Council
Member Laurin Easthom, Council Member Sally Greene, Council Member
Ed Harrison, Council Member Cam Hill, Council Member Mark
Kleinschmidt, Council Member Bill Thorpe, and Council Member Jim
Ward.
Staff members present were Town Manager Roger Stancil, Deputy Town
Manager Florentine Miller, Assistant Town Manager Bruce Heflin,
Town Attorney Ralph Karpinos, Town Information Officer Catherine
Lazorko, Fire Chief Dan Jones, Public Works Director Bill Letteri,
Interim Police Chief Brian Curran, Development Coordinator Gene
Poveromo, Planning Director JB Culpepper, Engineering Services
Manager Kumar Neppalli, and Acting Town Clerk Sandra Kline.
Mayor pro tem Strom announced that Mayor Foy and Council Member
Ward would not be present at the meeting.
Mr. Stancil gave an update on the Town facilities situation
after the wind storm on Monday. He said that the public
works and public safety crews had been clearing trees
and debris from the streets, while Duke Energy was working
to restore power.
Chief Jones said that the main effects of the wind
storm were downed trees and power outages, but no injuries
were reported. He said that they had received over
30 reports throughout the morning, with
the majority occurring in the historic
neighborhood. He said that the power grid serving that
section of Town had suffered damage, and Duke
Power was still working on the
repairs.
Bill Letteri of the Public Works Department said
that they had crews serving 33 locations and assisting
with traffic signal problems.
Interim Police Chief Brian Curran said that the police had
been helping redirect traffic in Town due to the traffic
signal power outages. He said that half of the power
outage problems had been restored, and Duke Energy was
working on the remaining areas.
Mr. Stancil said that it took longer to remove
downed trees that were entangled in power lines, because Duke
Energy needed to be present to ensure a safe situation.
Mayor pro tem Strom announced that, in response to
the tragedy that had taken place at Virginia
Tech, students at the University of North Carolina were
planning a vigil at the Pit that evening at 8:00 pm.
A minute of silence was held.
Mr. Poveromo stated that this public hearing
was for a Special Use Permit application for a
multi-family development, Chapel Watch Village, located on
Eubanks Road, between the Park and Ride Lot and the
Larkspur neighborhood. He said that it was a 35-acre
site, located outside the Town limits, but within the urban
services area, and included 120 units, 189 parking
spaces, and a recreation area. He added that the
units would be rental units, with 15
percent affordable units.
Mr. Poveromo said that the applicant proposed to construct a
portion of the greenways trail (Horace Williams Trail); to
construct the road to Town standards; and to construct a
central refuse recycling center. He said that the
applicant proposed that the road connecting Eubanks Road with
Larkspur Neighborhood should be emergency access
only. He said that staff had recommended that this
road be constructed as a public street with full access, but
the applicant had proposed that it be emergency access only,
while still serving pedestrians and bicycles.
Mr. Poveromo said that staff had initially recommended
that the applicant construct and maintain the
greenway. But the applicant requested that the Town take
over maintenance after construction, which the staff
accepted. He added that the staff recommended a
pedestrian crossing at the Eubanks park and ride lot.
Mr. Poveromo stated
that, regarding energy efficiency, there had been a stipulation
that the project demonstrate a minimum energy
efficiency savings of 20 percent relative to ASHRAE
(American Society of Heating, Refrigeration, and Air
Conditioning Engineers) standards. He said that the
applicant had objected to this standard, because it was a
policy pertaining to rezonings, but there was no
rezoning associated with this project. Thus, staff
no longer recommended that the energy stipulation be required
of this development, he said.
Mr. Poveromo stated that staff recommended that the Town
maintain the proposed greenways trail after construction,
and therefore, only 50 percent of the greenway could be
counted toward the recreation area. He said
that staff recommended a stipulation to clarify the amount of
land disturbance proposed in the resource conservation
district.
In response to a question from Mayor pro tem Strom,
Mr. Poveromo stated that stormwater facilities were
permitted in the Resource Conservation District, and that most
of the disturbance would be associated with the
construction of the greenway and the road crossing.
Phil Post representing the applicant, said that he
agreed with the comments received thus far from staff and
the Planning Board, with the exception of the access road
between Eubanks Road and Larkspur Development.
He requested to make it emergency access only,
in order to reduce the detrimental effects of cut-through
traffic.
Mr. Post said that, in keeping with the Town�s
Comprehensive Plan, the development conserved existing
neighborhoods; it promoted affordable housing opportunities; it
was located near a park and ride lot; and it contained
numerous walkways, trails, sidewalks, and
safe road crossings. He added that 80
percent of the disturbance in the Resource Conservation
District would be related to the greenway trail and the road
crossing.
Council Member Greene asked a question about the
rates for the affordable units. Mr. Post replied that he
could not give the exact rates at that time, but that they
would be affordable to 80 percent of the median
income.
Council Member Kleinschmidt asked about the target market for
the market rate rentals. Mr. Post said that these units
would be rented at the market rate for those sized units,
according to the existing rental stock in the
community.
Mayor pro tem Strom suggested that the developer arrange a
meeting with the Council Committee to address
the inclusionary zoning and affordable housing
matters. Mr. Post agreed to this idea.
Mayor pro tem Strom said that he understood the applicant�s
point that the energy efficiency
stipulation was only applicable to rezonings,
but he requested that the developer talk to NC Green Power
about possibly pre-enrolling the units in the NC Green Power
program. He also asked the applicant to explain the
planned energy engineering for each unit. Mr. Post said
that he would bring this information to the next
meeting.
Council Member Easthom asked the applicant
to bring more information about the buffer
planned between the development and the Northwood neighborhood
to the next meeting.
With respect to the connector road between Eubanks Road and the
Larkspur neighborhood, Rachel Crozier, Renuka Soll, Gary Waldo,
Aayush Mahablesh Warkar, Aarohi Mahablesh Warkar, Amy Chute,
and Jungsang Kim all spoke in favor of keeping the road as
emergency access and pedestrian/bicycle access
only. They expressed concerns that if
it became a full access road, then cut-through traffic would
increase the risk to public safety in the neighborhood, in
particular the children walking to and from the bus stop.
Mr. Waldo and Mr. Kim added that keeping it as emergency
access only would encourage more social interaction between the
neighborhoods. Ms. Chute, speaking on behalf of Larkspur
Safety First, said that Larkspur streets were not built to
collector road standards, and that an increase in
traffic, especially commercial traffic, would increase the
burden on the roads.
Council Member Hill asked staff to clarify if the roads
under discussion did in fact qualify as collector
roads. Mr. Neppalli said that Old Larkspur Way
was built to collector street standards, but that the
other streets in that neighborhood were classified as local
streets. Council Member Thorpe asked what
was meant by a "local street". Mr. Neppalli stated
that local street meant that it served the local residents
and adjacent residential parcels, but it did not act as a
connector road to other parcels in the area.
Council Member Greene said that, if she remembered
correctly, there was supposed to have been a sign at
the Eubanks Road -
Larkspur location which indicated that the road
would connect in the future; but the Town never
did provide the sign. Mr. Neppalli confirmed that
when the lots were approved by the Council, there was a
stipulation to have a sign installed; but the sign was not
installed. Council Member Greene said that, from the
Town�s perspective, there was a plan to connect the road at a
later point; but in reality,
it developed as a local road. Mr. Neppalli said
that the standards served as guidelines, but they were not
required.
Council Member Kleinschmidt asked if it was possible to compare
the traffic volumes with some comparable roads in
other neighborhoods, which would help to determine
how these kinds of connections actually worked or did
not work, in order to help the Council decide on the
issue. Council Members Ward and Hill said that they
supported this idea.
Council Member Ward said that, in his view, the Town knew that
it was designing Larkspur in a way that would safely
provide connectivity to Eubanks Road. He said that
cutting off that connection may address the concerns of
the particular neighborhood, but it may not address the greater
good of the entire Town.
Council Member Easthom stated that she lives in Larkspur, but
not on the roads affected by this discussion.
She said that she would like to know more about the
history of these roads and intersections, to help her
decide.
Council Member Thorpe expressed a concern about the
children�s safety, if the road was connected, especially where
it concerned commercial traffic.
Council Member Mark Kleinschmidt MOVED,
SECONDED BY Council Member Jim Ward, TO Recess the public
hearing for the Chapel Watch Village Application for Special
Use Permit to May 21, 2007. THE MOTION WAS ADOPTED
UNANIMOUSLY (8-0).
Council Member Mark Kleinschmidt MOVED,
SECONDED BY Council Member Jim Ward, TO refer the item to
Manager and Attorney. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
Ms. Culpepper stated that this was the
opening of a public hearing to consider a Special Use
Permit modification for the Freedom House Group Care
Facility, located at New Stateside Drive
and Martin Luther King Jr. Blvd. She said that the
facility was originally approved by the county, and came
into Chapel Hill�s jurisdiction through annexation in
1989. She said in 1997, the Council had approved a
rezoning and expansion to increase the facility�s floor
area to 15,000 square feet.
Ms. Culpepper said that the current proposal would add two new
buildings and replace one building, to give an allowable
floor area of 30,000 square feet. She said that no
changes were proposed to the number of resident beds, which was
authorized at 44 in 1997. She said that the staff�s
preliminary recommendation was to approve the application
with the conditions that were presented to the Council.
She added that there was a Transportation Board summary also
distributed to the Council.
Josh Gurlitz, Chairman of the Board of Freedom House, said
that the facility had been providing substance abuse
treatment in the Chapel Hill Community for 35 years.
He said it was founded by a group of local citizens, and
started near UNC Hospital, then moved to the current
location 30 years ago. He said that
the facility had expanded its treatment to include women
and men, and to cover a range of addictive substances in
addition to alcohol. Mr. Gurlitz said that the
current proposal was to modernize some buildings and to add
some new structures to the campus.
Trish Hussey, Executive Director of Freedom House, explained
that they had been serving the community at its present
location for 34 years, and during this time,
the program had been affected by changes
at the state level on mental health and substance
abuse treatment. She said that, as a result of
these changes, more staff were needed to provide additional
services on the campus, which led to plans to replace
the old detox building to provide more space for
staff.
Ms. Hussey stated that the facility�s expansion did not include
an increase in the number of residential beds but there would
be two additional beds at the detox facility, to meet state
requirements. She said that the residents at the
halfway house moved into the community during the day to work;
but they were not permitted to have cars, so they used the
bus system. She said that the facility had a current
success rate of 70 percent, and they had recently
won an Agency of Excellence Award in the Triangle.
She added that they had tried hard to promote
understanding with the community next door.
John Hawkins, an architect for the expansion, gave an
overview of the site layout. He said that the
existing site had five buildings, but the detox building
and the women�s dorm would be demolished on
completion of the new buildings. He said that
they proposed to build two new buildings, a group meeting
center, and a residential treatment building to replace
the existing detox facility.
Laura Moore explained the planned landscaping and buffer
improvements for the site. She said that the site
had a lot of existing vegetation and natural buffers, and some
plants that Freedom House had previously planted. She
said that they proposed shade trees for the parking areas;
evergreen plants for the north and south buffers; and
flowering trees along Stateside Drive. She added that
these plans were supported by the Planning Board and the
Community Design Commission.
Council Member Harrison stated that the Transportation Board
had stipulated that the project provide funding at 1
percent of the total project cost, to contribute
to transit and traffic improvements. He asked if
that stipulation would be added. Ms. Culpepper said that
the staff were planning to discuss it and get back to the
Council on May 20. Ms. Hussey said that it would be
difficult for the facility to raise these funds.
Lixin Yao, Chun Hu, Mg. Yin Turner, Qingai Chen, Ming Zen,
Shu-Mang Feng, and Wen Yeo, all residents of the Parkside
neighborhood near Freedom House, expressed concerns about
the expansion of the facility. They stated that it
would adversely impact the safety and security of
the neighborhood, and they requested that the Town not
approve this expansion. The speakers stated
that when the facility was started, it was in an isolated
area; but now it was a residential neighborhood,
and therefore not an appropriate place for this
facility. They stated concerns that the facility
would increase the level of noise and crime in the area,
and that it was not suitable for families with children in the
area. They said that many families did not know the
purpose of the facility when they moved into the area, but when
they learned of its purpose, they moved
out.
Some of the speakers said that they supported the purpose of
the facility, but they did not want it to be located in
their neighborhood. A concern was
also raised about its location near the community
park. The speakers said that an increase in
traffic from the expansion would cause safety concerns for
children walking to and from the park. Qingai Chen
said that he was not informed of the meetings that
the facility had held with the community.
Paula Harrington said that she was on the board of
Freedom House, and she had also been a
resident. She said that, because of the services she
received at Freedom House, she had kept nine years of
sobriety; was able to raise her children; and was working
as an administrative assistant at the University of North
Carolina.
Larry Coley said that he currently operated his own
company, Larry Coley Building and Design, and he was
serving on the advisory committee of Freedom House. He
said that before he received services from Freedom House four
years ago, he was homeless, and had been in jail. He said
that if not for Freedom House, he would not be alive
today, and in his opinion, the facility needed to expand.
Council Member Greene said that she was on the Board of
Directors at Joe Buckner Drug Treatment Corporation,
and she had heard many stories of people�s lives that were
transformed by these programs. She said that if it were
in her neighborhood, she would like to think that she supported
it, and it was not a crime scene or a place where violence
occurred regularly. She said that perhaps the
speakers did not know much about the facility because the
facility was a good neighbor, and that it should continue
to be a good neighbor after the expansion. Council Member
Hill agreed with this statement.
Council Member Kleinschmidt said that he had
been a neighbor to Freedom House and he appreciated
it. He said he thought that the expansion was
more about rehabilitating the facility than serving more
people, and that, in his view, this would be an enhancement to
the community. He said he knew
people who were served by the program, and he thought
that the facility had the best interests of both the
clients and the neighborhood in mind.
Council Member Hill said that, in his
mind, if Freedom House was at that location
before the neighborhood residences, then it had
the right to remain. He said that if the facility
was for diabetes or tuberculosis,
then neighbors might be applauding its
presence. He said that in his view, it was a public
perception problem, and he supported the expansion.
Council Member Easthom said that she lived in the
neighborhood, and she asked if there were plans for
traffic calming measures to alert vehicles on Stateside
Drive about the presence of the park. She expressed
a concern about the proposed number of 54 parking spaces,
which would exceed the Town�s proposed ordinance.
Council Member Ward said that he was supportive of Freedom
House�s mission and grateful that it was serving the
community. He said that perhaps the concerns
expressed at the meeting were based on the unknown
rather than concrete information. He wondered
if it was possible to know the actual incidence of violations
by residents over the years.
Ms. Hussey said that Freedom House had held two
meetings with the neighbors and two public information
meetings. She said that they had requested
information and reports from the police department on
incidents that had occurred; but the police could not
find any reports of incidents that had happened on the campus
of Freedom House. She added that the center was
well supervised, with a good number of staff members,
24 hours a day, seven days a week. She said that
residents did not typically go through the neighborhood on
their way to and from the campus; they always used the bus
stop.
Mayor pro tem Strom stated that he agreed with the other
Council members� comments, and he requested to hear more
information about the parking spaces. He said that
the Council would refer the comments back to the
staff, and would continue the public hearing on May 7, to
take action at that time.
Council Member Jim Ward MOVED, SECONDED
BY Council Member Cam Hill, TO Recess the public hearing
for the Freedom House Application for a Special Use Permit
Modification to May 7, 2007. THE MOTION WAS ADOPTED
UNANIMOUSLY (8-0).
Council Member Jim Ward MOVED, SECONDED
BY Council Member Cam Hill, TO refer the item to Manager
and Attorney. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
Mr. Poveromo stated that Homestead Twin Towns
Development requested a Zoning Atlas Amendment and a Special
Use Permit. He said that the property was located outside
the Town�s limits, which meant that the rezoning would
require approval by the Orange County Commission, so the
application was scheduled
for the Joint Public Hearing. He added
that they had received a recommendation from the
Transportation Board.
Mr. Poveromo said the rezoning proposal was for a 21-acre
site at Homestead Road and Seawell School
Road, requesting to rezone the property from R-2
to R-4, in order for the applicant to have enough
floor area proposed in the Special Use Permit
application. He said that under the R-2 zoning, the
maximum floor area would be 66,000 square
feet with 86 dwelling units, but under R-4
conditional zoning, they would have 159,000 square
feet with 215 units. He added that the applicant was
only proposing 72 units.
Mr. Poveromo said that the conditions associated with the
proposed rezoning were to limit the number of units to 72; to
limit the amount of floor area to 150,431 square feet; to
provide 20 percent affordable units; and to demonstrate
site planning, landscaping, and a structured design that
maximizes energy conservation.
Mr. Poveromo stated that he understood that the Council
was considering an amendment to the energy efficiency
policy at their meeting on April 23. He said
that, based on the action that the Council might take on
April 23, the energy conservation condition in this project
would be amended to reflect the new policy. He said
that the staff�s preliminary recommendation was to rezone the
property from R-2 to R-4C.
Mr. Poveromo said that the Special Use Permit application was
for a multi-family development on the 21-acre site
on Homestead Road, and the subdivision of a one-acre lot
into two lots on Rogers Road. He said that the
existing residential structures on the property would be
relocated to this one-acre site on Rogers Road.
Mr. Poveromo stated that seven of the 21 acres were in the
resource conservation district. He said that the site
design was similar to the Chapel Watch Development, and
was for 72 units and 139 parking spaces. He said
that the applicant proposed that the roads bordering
the site would be public streets maintained by the
Town.
Mr. Poveromo said that the Transportation Board had recommended
that the improvements requested for Homestead Road
did not require the construction of curb and gutter. He
said that staff recommended the construction of curb and
gutter, but the applicant was opposed to this. He said
that the Transportation Board recommended a payment
in lieu for transit improvements;
but the staff�s preliminary recommendation was
not for a payment in lieu, although this recommendation
may change before the next business meeting.
Mr. Poveromo said that, with respect to refuse collection,
the project was considered to be a multi-family
development due to the Special Use Permit application, so
the Town code required a central bulk refuse collection
system. He said that the applicant was objecting to
this, and requested to have curbside
collection.
Mr. Poveromo said that the staff had initially recommended
that the applicant provide a transfer tax of 1 percent
associated with the homeowners association dues for the
affordable housing units; but the applicant said it would
not be appropriate for this project and was prepared to
offer an alternative.
Council Member Thorpe asked why the applicant objected to
installing curb and gutter, as it would be good to do this
when the property was under development.
Robert Dowling from Orange Community Housing and Land
Trust said that he had met with the applicant,
who proposed that the affordable units comprise 20
percent. Mr. Dowling said that he had suggested
constructing larger units to target families.
However, when they settled on the larger units, they determined
that the price of the units would require a substantial subsidy
from the Town, he said. He explained that since the
Town was already struggling to provide subsidies for existing
affordable housing, it did not make sense to add
on new deals requiring additional subsidies. He said that
after discussion, the applicant agreed to provide better
pricing for the units, but to have a lower number of units at
15 percent. Mr. Dowling recommended this
arrangement. He added that he also recommended that
the affordable units be spread throughout the development.
Council Member Hill said that
he endorsed the affordable housing proposal,
and he agreed that a lower number of units with no subsidy
required was a better deal for the Town.
Council Member Easthom said that she supported the
spread of affordable units throughout the site, but she
was concerned about the site distance on Homestead
Road. Mr. Post said that they had met with
the NC Department of Transportation on this issue, and
they had determined that the best entrance into the
development, for site distance and safety, was the
one being proposed. He said that the
improvements to Homestead Road would include removal
of some trees, which would improve the site
distance. Mayor pro tem Strom asked the staff
to confirm the site distance at this location for the next
meeting.
Council Member Greene said that she agreed with the
affordable housing plan, and that she preferred using swale
to a curb and gutter. She
expressed concerns that the development
would resemble a cookie cutter design, and wondered
if they could stagger the set-back of the
houses. Mr. Chupp stated that there were
structural problems with this.
Council Member Ward raised a concern about tree removal
for the planned improvements on Homestead Road, and asked
if there were there any concerns raised by the staff on this
issue. Mr. Poveromo stated that there would be generally
less tree clearing associated with installing a sidewalk, than
with using swale, but otherwise no concerns were
raised.
Council Member Ward asked the staff to explain why
they recommended dumpster collection, as he thought that
curbside collection would facilitate better recycling
efforts.
Council Member Ward said that he wanted to make sure
that the energy efficiency statement regarding the project
was properly worded to incorporate any revisions
that the Council may implement at the April 23
meeting. Mr. Poveromo confirmed that the revisions would
apply to this project and would therefore be reflected in the
energy efficiency statement.
Mayor pro tem Strom said that he supported the other
Council members� comments, and said that the rezoning in
this case would mean a significant change.
Council Member Kleinschmidt said that he agreed with Council
Members Hill and Greene on the affordable
housing proposal.
Mayor pro tem Strom stated that the proposal would
return to the Council for consideration on May 21, so they
would recess the hearing until May 21 and refer the
comments to staff.
The applicant, Eric Chupp, said that they had held
three meetings with the Community Design Commission and two
concept plan reviews, and the Planning and Transportation
Boards had each voted to approve the project.
Mr. Chupp outlined several reasons why he thought that the
project met the goals of the Comprehensive Plan. He said
that the project would provide 490 square feet of
open space, which was double the ordinance
requirements; and it would support stream preservation, as all
of the development was moved to the north side of the
stream. He said that they had entered into a land swap
with the joining neighbors to provide access along Seawell
School Road, and they had preserved many of the existing
trees on the property.
Mr. Chupp said that when they had started the project, they had
volunteered to provide 20 percent affordable housing, with
moderately priced housing for the remaining
units. He said that, after discussions with Robert
Dowling of Orange Community Housing, they had decided to
construct three-bedroom units for affordable housing.
Based on the recommendations from Mr. Dowling, they had decided
to reduce the number of affordable housing units to 15 percent,
but to reduce the unit price to 80 percent of the
median income, he said.
Mr. Chupp said that, regarding the 1 percent transfer fee,
their project was more like a single-family development,
where they would know the homeowners� dues before
marketing the homes. He therefore proposed having a
two-tiered dues system, where the affordable unit dues were
significantly lower than the market-rate unit dues.
Mr. Chupp said that the target market for the
development would be young families with children to
take advantage of the schools. He said that they
proposed to extend the sidewalk past their site by
1,000 feet, so that it would connect with the schools. He
said that all urban services were already existing on the
site.
Mr. Chupp said that they offered to install curb and
gutter along Seawell School Road, but not along Homestead
Road. He said that there was no curb and gutter
along the other residential projects, and that from an
aesthetic standpoint, it would be more pleasing to
maintain the grass swale, rather than curb and gutter.
Mr. Chupp said that, regarding refuse collection, this was the
first site to be required to use dumpster collection, when
compared with similar residential sites. He said
that they had met with Public Works and Solid Waste
Collection on the issue, and the streets would be public
streets, thereby reducing impediments to curbside
collection.
Mr. Chupp said that, regarding the issue of energy
efficiency, they were continuing discussions with the Town
staff on this issue.
Council Member Mark Kleinschmidt MOVED,
SECONDED BY Council Member Jim Ward, TO Recess the public
hearing for a zoning atlas amendment for the proposed rezoning
to May 21, 2007. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
Council Member Mark Kleinschmidt MOVED,
SECONDED BY Council Member Jim Ward, TO Recess the public
hearing for the proposed Special Use Permit to May 21,
2007. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Council Member Mark Kleinschmidt MOVED,
SECONDED BY Council Member Jim Ward, TO Refer the Zoning
Atlas Amendment and Special Use Permit items to Manager
and Attorney. THE MOTION WAS ADOPTED UNANIMOUSLY
(8-0).
Ms. Culpepper stated that this public hearing was
to consider a rezoning application from the proposed
Orange County Animal Services Public Use Facility.
She said it concerned a six-acre lot located in the joint
planning transition area, adjacent to the landfill,
and that the proposal would rezone the property from a
Residential One Zoning District to an Office
Institutional One Conditional Zone. She said that
if the rezoning was approved, development projects would
require Council approval of a Special Use Permit
application.
Ms. Culpepper said that the Animal Services Facility�s
Special Use Permit application would hopefully come before
the Town Council in June 2007, and that the rezoning
application would come before the Council at
the joint planning hearing on April 26. She
said that action to approve a joint planning area rezoning was
required by the County Commissioners and by the Town Council,
and the staff�s preliminary recommendation was to approve
the zoning change. She said that both the Special Use
Permit application and the rezoning
application were anticipated to come jointly
before the Council on September 10.
Tony Whitaker, speaking on behalf of the applicant,
said that Orange County operated animal sheltering and control
services in three separate locations across the county,
but they now wished to consolidate into one
location. He said that the reasons for the
rezoning application, as detailed in
the proposal, were in line with the Town�s
Comprehensive Plan recommendations to encourage regional
cooperation with Orange County and Carrboro, and to address the
provision of services and infrastructure in the Northwest
Area.
Council Member Kleinschmidt said that the rezoning
application needed more justification in his
view. He said that the proposal did not meet the
Comprehensive Plan�s requirements to encourage regional
cooperation simply by engaging the three entities in
consideration of property. He said that the proposal did
not specifically address the provision of services in the
Northwest Area by locating the facility in that area, and it
was not clear what specific benefits the shelter would provide
to the residents of that area.
Mr. Whitaker said that there were other justifications
provided in the proposal, such as the transition of land usage
in the area. He added that the county had conducted an
extensive search to determine the best location for this
facility, and had selected this site.
Judy Nunn-Snipes said that her family had owned 200
acres of the property in this area since the early
1900s. She said that the changes in the area over
time had severe impacts on the family and their
property. She said that some of the property was
taken by Duke Power; other portions were sold for the
Town Operations Center and to private industries; and
the property had been devalued by the installation of
landfills in the area.
Ms. Nunn-Snipes said that the family had given up much of
their land, but had received little consideration in
return. She said that she had tried to communicate
with the applicant, but with little success until
this meeting. Ms. Nunn-Snipes said that
the family had paid for a private road on the property, named
after a family member, and requested that the applicant
maintain this road. She said that she had been
granted a Special Use Permit to build a house in 1993, but
could not finish it due to illness. She requested that,
with the change in zoning, she be permitted to complete
the subdivision of her family�s property.
Mayor pro tem Strom announced that the public hearing on this
issue would be recessed until September 10, and all
comments would be referred to staff.
Council Member Jim Ward MOVED, SECONDED
BY Council Member Mark Kleinschmidt, TO Recess the public
hearing for the Orange County Animal Services Building Zoning
Atlas Amendment to September 10, 2007. THE MOTION WAS
ADOPTED UNANIMOUSLY (7-0).
Council Member Jim Ward MOVED, SECONDED
BY Council Member Mark Kleinschmidt, TO Refer the item to
the Manager and Attorney. THE MOTION WAS ADOPTED
UNANIMOUSLY (7-0).
The meeting adjourned at 10:50 p.m.