SUMMARY MINUTES OF A PUBLIC HEARING OF THE CHAPEL HILL
TOWN COUNCIL ON THE DRAFT COMPREHENSIVE PLAN
WEDNESDAY, OCTOBER 20, 1999, AT 7:00 P.M.
Mayor Rosemary Waldorf called the meeting to order at 7:00 p.m.
Council Members present were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavão, and Edith Wiggins. Mayor pro tem Joe Capowski was absent, excused.
Staff members present Town Manager Cal Horton, Assistant Town Managers Florentine Miller and Sonna Loewenthal, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, Long Range Planning Coordinator Chris Berndt, Long Range Planner Claudia Paine, Long Range Planner Phil Mason, and Acting Town Clerk Toni Pendergraph.
Also present was David Rouse of the Consulting firm of Wallace, Roberts and Todd.
Item 1 – Presentation of Draft Comprehensive Plan by Members of the Comprehensive Plan Work Group
Mayor Waldorf introduced John Hawkins, Chair of the Comprehensive Plan Work Group.
Mr. Hawkins provided a brief description of the process used by the Work Group during the past twelve months, including the basic organization of the Plan as it now stands, an introduction to several key ideas drawn from the body of the Plan, and identifying what is planned from this point forward. He said the Work Group was comprised of the Planning Board and thirteen citizens who had an interest in planning issues. Mr. Hawkins said in addition to the meetings held by the Work Group, there had been several other events to receive information from the public, including a symposium at the beginning of the process, public forums, and two meetings with the Town Council. Mr. Hawkins acknowledged the members of the Work Group and the professional planner, David Rouse, of the consulting firm of Wallace, Roberts and Todd.
Bob Reda, a member of the Comprehensive Plan Work Group, described the process of the Work Group. He said the Plan was organized around nine major themes:
1. Maintain the Urban Services Boundary
2. Help Conserve and Protect Existing Neighborhoods
3. Identify Areas with Development Opportunities
4. Create/Preserve Affordable Housing Opportunities
5. Cooperatively Plan with UNC
6. Work Toward a Balanced Transportation System
7. Complete Bikeway/Greenway/Sidewalk Systems
8. Develop Strategies to Address Fiscal Issues
9. Encourage Desirable Forms of Non-Residential Development
Mr. Reda said there were key areas that the Group wanted to look at which were detailed and documented in the Plan. He said the key ingredient of the Plan itself was the implementation strategies. He said one key theme was to maintain the Urban Services/Rural Buffer Boundary, and another key area was the shift toward a balanced transportation system.
Mr. Hawkins said that one element permeating the Plan was growth and development by identifying areas where there were creative development opportunities. He mentioned several areas for these opportunities, such as downtown Chapel Hill, the University of North Carolina campus, close-in neighborhoods, Airport Road, Fordham Boulevard/15-501, East Franklin Street and NC 54 corridors, the Horace Williams property, and the Northwest and Southern Areas. Mr. Hawkins said the last key idea related to the issue of growth was the concept of a growth management protocol, that was a plan or system for managing growth with the idea of bringing public facilities along on a parallel tract that would keep up with growth at the same pace. He noted the Work Group suggested a growth management report that would be generated every twelve months as a report card for evaluation of the goals, which could interact with the Council’s consideration of an Adequate Public Facilities Ordinance.
Mr. Hawkins outlined the procedure following the Draft Comprehensive Plan presentation. He said the Council would be meeting on November 8 to follow up its discussion of what had been presented at this Public Hearing. Mr. Hawkins said if the Plan was adopted, implementation would begin immediately with the first annually submitted report to be in March 2000. He said another revision would be made in five years.
Mayor Waldorf thanked everyone involved in the planning process of the Comprehensive Plan.
Item 2 – Reports and Comments from Advisory Boards
Joan Page, Co-Chair of the Chapel Hill Public Arts Commission, said she represented the members of the Commission, as well as ten art students from the University of North Carolina, in support of the percentage for art recommended in the Comprehensive Plan. She requested that the time frame be moved up from five to ten years to two to five years, and added the Commission hoped that the private sector would also set aside money for art.
Linda Chocchetto, Co-Chair of the Chapel Hill Public Arts Commission, said she agreed with Ms. Page and wholeheartedly supported the percent for public art in the Plan.
Fred Black, representing the Library Board of Trustees, reported that the Library Board was pleased to note that the Comprehensive Plan recommended a long-range master plan for the Chapel Hill Public Library, and noted that this was the same recommendation for long-range Library planning made recently by the Council’s appointed Library Needs Assessment Task Force. He said the Library Board voted unanimously to recommend adoption of the Comprehensive Plan as it related to the Chapel Hill Public Library.
Chris Belcher, substituting for Chair Betsey Pringle of the Historic District Commission, reported that the Commission unanimously adopted a resolution urging the Council to approve the Comprehensive Plan with a few changes that would be submitted to the Council in written form. He said the Commission was also submitting a list of action items including minimizing the effect of traffic and parking, implementing a rental licensing and inspection ordinance, updating the Historic District Commission’s Design Review guidelines, and preserving existing housing stock. Mr. Belcher said the Commission praised the Work Group, the staff, and the consultants for their work, especially the values that were important in all parts of the Town and the Historic Districts. He said the Commission was particularly glad to see attention paid to the conservation of neighborhoods, the protection of the Town’s resources, and the encouragement of diversity and quality of life in the community.
Charles deBose, Chairman of the Chapel Hill Housing and Community Development Advisory Board, reported that the Board would be submitting items in writing to the Council, but that he wanted to speak about housing. He said the Board was concerned about how the strategies for housing in the Comprehensive Plan could cover affordable housing for the low, moderate, and middle income populations, although the financial and employment scenarios for these three segments were vastly different. Mr. deBose said the Board had conducted a survey and found that most of the low-income families, mostly in public housing, did not have sufficient income to qualify for the requirements of the initiatives. He said a project like Scarlette Drive would provide for housing for the moderate-income families, but not the low-income families. Mr. deBose said the Board suggested that the strategies be stratified somewhat further so that an effort to reduce housing costs, such as the development of community land trusts, might be targeted for low-income families. He said that providing opportunities for low-income families to move out of public housing would leave public housing available for the homeless.
Diane Bachman, Chair of the Community Design Commission, said the Commission requested more time to deliberate the overall Comprehensive Plan and to make comment. She said she would make an effort to meet with the members to enable them to make comment before the next Council Public Hearing on November 15, 1999.
The Council agreed to the request to receive the Commission’s comments and further citizen comments on November 15.
Ken Robinson, representing the Transportation Board, reported that the Board had only looked at the Transportation section of the Comprehensive Plan. He said the Board had discussed and made comments in a memo to the Council. Mr. Robinson addressed some of the comments made, stating that a number of figures and maps did not have adequate numbers on streets, bikeways, and greenways, and the Board would like to have these added to make it easier to read. He said in Figure 16, Existing and Proposed Transit Network, the cross-town connector bus route should be removed. Mr. Robinson said on page 115, under Measure of Progress: Local Transit Service, the time for adopting a plan and funding source should be the year 2001, rather than 2004, because funding for transportation issues takes a long time. He said the Board believed that there should be more information concerning projected future traffic, both local and regional, especially “pass-through” traffic, and where it will be routed.
Mr. Robinson said the Board believed that more attention should be given to placing Chapel Hill’s transportation challenges in a regional context, including more of the information that is in the Durban/Chapel Hill/Carrboro Urban Area and 2025 Regional Transportation Plan. He noted the following:
· In Figure 14, Existing Sidewalks and Potential Pedestrian Zones, some areas were omitted and some obscured by the Legend and areas such as the NC 54 and Hamilton Road area, and the Mason Farm/Meadowmont area should be included.
· In Section 10B-1, page 109, the Board made the comment that the idea of permitting neighborhoods to issue traffic tickets should be deleted.
· In 10B-3, “Develop modified engineering and design standards for streets,” the Board suggested that, on new streets and resurfaced roads and roads without designated bikeway, the lane striping be moved off center to give more room for bikers.
· In 10B-4, “Develop improved traffic impact analysis guidelines,” the Board would like the analysis to include non-automobile related issues.
· In 10C-1, “Aggressively promote the use of fixed and non-fixed route transit,” the Board would like to delete the word “mobility” from the next to last sentence in the first paragraph.
· In 10C-2, “Explore potential regional transit service into Chapel Hill,” the Board recommended that any “fixed guideway” system proposed for Chapel Hill have transit stations located at the University, at Memorial Hospital and Downtown, to integrate local and regional transportation systems and make it easier for people to get from one place to another without changing modes of transportation.
Mr. Robinson said the Board is working on a 25-year review of Chapel Hill Transit, which emphasizes its success, and the Board would like to see this report included in the Comprehensive Plan.
Jim Ward, representing the Task Force on Shaping Orange County’s Future, said the Task Force recommended that a Table Two Action Plan be included in the Comprehensive Plan, to bring forward the date in terms of the Council’s willingness to consider the findings of the Shaping Orange County’s Future Task Force earlier in the short-term action, in the 0-2 year time frame. He said the Task Force had been working on this for three years and they were afraid that some of the initiatives would be lost.
Steven Crabtree, a resident of Smith Level Road, said his family owned three parcels of land 14 acres in size, and was concerned about the low density being considered on the south side of Town, specifically on the east side of Smith Level Road where the proposal was for 1-acre, 2 to 5-acre, and 5-acre residential zones. He said he had discussed the possibility of sewer use about nine years ago with Mr. Greene of OWASA, and Mr. Greene had indicated that it would only be done when there was high density use. Mr. Crabtree said there were many considerations for the lot usage, such as topography, Resource Conservation Districts in the area, and the type of soil, which is very rocky. He said he felt there were enough limiting factors without further zoning regulations.
Juanita Poe, who owns property behind the Red Roof Inn on US 15-501, asked that her property and others nearby be rezoned for mixed use. She said her son was in an accident several years ago and was a quadriplegic. Ms. Poe said that she would like to stay home to care for him, but she had to work, and, if she could sell her property she could stay at home to care for him.
Susan Franklin called the Council’s attention to page 59 in the Comprehensive Plan, regarding Affordable Housing Development. She said the Work Group had discussed the 15 percent mentioned in the 1989 Comprehensive Plan that had not been reached. She asked the Council to put the guidelines of 15 percent back into the Comprehensive Plan under discussion. Ms. Franklin said the 1989 Comprehensive Plan was a good one, and she expected that the current Plan was also a good one, but neither would be worth all the time and money put into them without some “teeth” to make them work. She asked the Council to be very mindful of the problems if the Development Ordinance was not re-written. Ms. Franklin also asked the Council to consider the language in the section “Protocol for Growth” and the section “Bike and Pedestrian Plans,” to be sure that they would be supported with action guidelines.
Michael Clayton addressed the Council regarding the mixed-use overlay zoning requirements in the northeast section of Town. He said there were some properties in that area, particularly in the established neighborhoods in the Timberlyne area, that did not meet these requirements. Mr. Clayton suggested service centers could be put into these areas if the zoning was changed so the land required would not be as much as in the ordinances for mixed-use overlay zones.
Don Sweezy commended the Work Group for its work on the Comprehensive Plan and urged everyone to read it. He suggested that it did need an index. Mr. Sweezy addressed the 15 percent guideline for affordable housing, and said the Plan did not have guidelines for mandating this 15 percent of developers. He cited Carrboro’s mandate for inclusive zoning and suggested that might be one way of mandating, adding there should be included in the Plan some mention of other ways of mandating this 15 percent. Mr. Sweezy suggested that a column for costs be added to Table 1 that indicated these costs for each year. He asked the Council to compute how many homes could be supported by the new zoning map.
Joe Herzenberg said he would like to see the word “greenways” put into the chapter on Transportation, because he felt that it would help get more money from the North Carolina Department of Transportation. He said he liked the Comprehensive Plan, and suggested that a preamble be included, inserted before the Goals and Objectives. Mr. Herzenberg suggested that the present preamble in the 1989 Comprehensive Plan could be used as a guideline, with additions.
Scott Gardner, Chairman of the Board of Directors of the Chapel Hill-Carrboro Chamber of Commerce, thanked the citizens and the Work Group for the Comprehensive Plan and the Council for providing the open process during the preparation of the Plan. He commented on three areas of the Plan: The Downtown, Transportation and Fiscal Analysis. Mr. Gardner complemented the Work Group for including the Downtown in the Plan, particularly for the adoption of a Downtown Small Area Plan, and its recognition of the development, especially commercial, of the Downtown. He said there was no recognition of the need for road repair, and the fact that the Chapel Hill roads were a corridor for people living outside of the Town as well as residents of the Town, and that traffic issues needed to be addressed on a regional basis. Mr. Gardner said the fiscal assessment process did not address the cost benefits analysis for all projects that would come before the Council.
Madeline Jefferson discussed the Southern Rural Buffer, and said the Work Group did not reach agreement on this issue. She said, referring to the Note on page 43, that she supported the idea that the Southern Area should be reclassified as Rural Buffer. Ms. Jefferson said she agreed that 15 percent affordable housing should be added under the Housing Section 7.0. She urged the Council to rework the entire Development Ordinance, and not do it piecemeal.
Robert Dowling, of Orange Community Housing Corporation, said the Plan should address the concept that affordable housing would lower adjoining neighborhood property values. He said everyone was in favor of affordable housing, but “not in their backyard.” Mr. Dowling said it was important that people earning $20-40,000 should be able to live in the community. He said there should be a statement in the Plan to advise developers that the Town expected a range of housing prices to be built, including affordable housing.
Alison Weiner, Board Chair for the Community Land Trust in Orange County and Board Co-Chair for Abode, said that she was speaking for herself, but she expected that the Board members would support the tenure of her remarks. She addressed the subject of affordable housing and said it was time to move beyond “modest successes” and create “remarkable, extraordinary successes,” because the need was so extraordinary. Ms. Weiner said the Town should commit to increasing funding, and should aim to enact affordable housing funding sources no later than December 2000, rather than December 2004. She said the goal should be at least 250 affordable housing units by December 2004, and the target of 50 houses per year should be evaluated yearly. Ms. Weiner ssaid she supported Mr. deBose’s remarks that the Town has to be particularly vigilant with regard to very low-income families.
Ruby Sinreich said she endorsed the remarks already made about affordable housing. She stated she thought the Comprehensive Plan was bold and visionary, and a giant step in stopping sprawl in Chapel Hill. She congratulated the Work Group and the staff for a job well done. Ms. Sinreich said she was disappointed to learn that part of the Greene Tract would be used for a landfill. She said the idea of zoning should be investigated, especially the idea of separate zoning uses, and the zoning should be designed for the kind and the amount of growth that Chapel Hill wanted.
Jonathan Howes, speaking on behalf of the University, commended the Town on undertaking an update of the Comprehensive Plan, and said it was timely because the University of North Carolina was updating its Campus Master Plan. He said the Town and the University had long cooperated, and was grateful for the inclusion of the University in the Comprehensive Plan. Mr. Howes said the University had added an environmental component to its Master Plan, and outlined the schedule for the completion of the Campus Master Plan. He said until that had been completed, the University would withhold comment on the specifics of the Comprehensive Plan.
Charlie Zimmerli said he wanted to focus his remarks on affordable housing, specifically 7A-2, “Provide incentives for housing providers to develop affordable housing,” specifically “housing and land use development,” and “parking requirements.” He said that in 1991 the Public/Private Partnership and the Town convened a conference on affordable housing with the idea of reducing the cost of housing. Mr. Zimmerli said out of that had developed the Orange Community Housing Corporation, a discussion with Roger Perry resulting in affordable housing in the Meadowmont development, and two advisory boards were combined into one board. He said the Town had missed an opportunity in the Comprehensive Plan to develop more flexible guidelines in the infrastructure requirements it required from builders and developers, when that flexibility would meet Town goals. Mr. Zimmerli cited examples of requiring curbs and gutters and paving when not necessary, and that the Town could save money for affordable housing instead. He felt there needed to be an assurance in the Comprehensive Plan that the Town would review all infrastructure requirements for possible alternative methods.
Bill Strom suggested that it was the appropriate time to send the Comprehensive Plan document to the OWASA Board for comments, since there might be some suggestions for long-term decisions that would be made by OWASA. He said, as an OWASA Board member, that the Board was getting more applications for engineering for sewage in the Southern Service Boundary Area. Mr. Strom recommended that the Council get in touch with OWASA and request that they hold off on some of the engineering decisions until the Council decided how it viewed the area. He pointed out that a great portion of the Southern Service Boundary Area was in the Jordan Lake critical watershed and Jordan Lake was the drinking water supply for the neighboring counties. Mr. Strom suggested the Council wait until the Watershed Study by Triangle J Council of Governments had been completed before making any decisions on the area.
Jack Smyre, of Kimberly Horn & Associates, spoke as a representative the owners of the 30-acre tract comprising the eastern portion of the Mixed-Use Office area in the Land Use Plan north of Eubanks Road and west of Airport Road. He said the owners felt that this was the correct land use designation for the area, as an office campus, similar to Eastowne. Mr. Smyre said there was not included in the Plan the possibility of hospitality-type development, which would be critical to the future use of that corridor. He said this mixed-use plan would provide the financial means for OWASA to provide water and sewer for the area. Mr. Smyre said all of the area north of Eubanks Road would need a pump station in order to be served, which would open the entire area for municipal services. He said his clients suggested that the Draft Land Use Plan be modified to include some adjoining properties.
P.H. Craig said his property along the rural buffer was similar to Mr. Crabtree’s in that it was very rocky. He said only one home could be built on his 4½-acre lot with the requirement in the Plan. Mr. Craig said the area was ideal for affordable housing, and there was already low-cost housing in the area. He asked the Council why they would require 5-acre lots in this area, instead of allowing the area to be used for affordable housing.
Gordon Mitchell, owner of 12 rental units in Chapel Hill, addressed the rental housing portion of the Comprehensive Plan. He requested that the Plan delete any reference to rental licensing as a goal with target dates until such time as this method would prove to be the only solution to the problem. Mr. Mitchell said the Plan should be restated in terms of goals and enforcement of existing rules and regulations. He said rental licensing would be an additional tax and could be a bureaucratic nightmare, causing hardship for owners and renters, and overworked inspectors. Mr. Mitchell asked that rental licensing be deleted from the Plan and reworded to specify the goals for solutions of the problems, through enforcing existing ordinances.
Steve Dobbins expressed his admiration for the work accomplished by the Comprehensive Plan Work Group. He said he had attended the Group’s meetings and had learned a great deal. Mr. Dobbins said he learned that citizen involvement in local government could be constructive and mutually respectful, and that preserving the Town’s past and planning its future could and must coexist. He added he had learned of the challenges facing the Town with its inevitable population growth and the automobile traffic that would increase with that growth. Mr. Dobbins offered a “hat’s off” to the Work Group and said that it was a very educational and rewarding experience.
Ed Harrison, who lives in Durham County over the Chapel Hill line, reminded the Council that the details in the Comprehensive Plan did not include some of the statistics resulting from beyond the Chapel Hill border. He cited a chart for the Average Daily Trip for Chapel Hill, which did not include Durham County traffic sites. Mr. Harrison said there was more change in the area of Pope Road where he lived than in any other part of Chapel Hill, because the changes were also being made by Durham County, as well. He cited two maps in the Transportation section which were incorrect. He asked the Council to pay careful attention to the details in the Plan, so errors would not be made, and to remember that Chapel Hill did not end at its borders.
Phil Post, speaking for the Chamber of Commerce, applauded the Work Group for the Plan. He said the Chamber had encouraged themes that it felt should be emphasized: to encourage businesses starting in Chapel Hill to stay in Chapel Hill and to allow people working in Chapel Hill to actually live in Chapel Hill. Mr. Post said the question was had the Plan been bold enough. He pointed out that the Plan diminished the previously identified commercial campuses and commercial zones. Mr. Post said Chapter 8 of the Plan placed a high reliance on mixed-use development and the Ordinance wouldn’t be corrected until 2005. He said the Chamber asked that the change in the Ordinance be expedited to prevent delay in the mixed-use developments.
Mr. Post said another problem was that there was no real linkage between neighborhood centers and transit routes. He applauded the call for a community facilities plan that would show that there needs to be a more non-residential tax base in Chapel Hill. Mr. Post called for encouragement for more of the private sector to provide affordable housing.
Nancy Preston commended the work done by the Work Group. She said she would like to underscore 3D, “Public Art,” stating that she supported the concept of a percentage ordinance for public art. Ms. Preston said it had worked for many communities and the Public Arts Commission was already in place to help with the implementation of the funding. She urged the Council to begin this funding as soon as possible, not to wait for the 5-10 years recommended. Ms. Preston also underscored Section 3E, “Town Entranceways.” She said the green approaches to the Town should be preserved and the entranceway markers must be protected. Ms. Preston asked the Manager to have the lighting for these markers corrected so that the lighting was on all of the time.
Blair Pollock, speaking as a respresentative of the Bicycle and Pedestrian Advisory Board, reminded the Council to be open to all kinds of affordable housing, including trailer parks. He said the Board supported the concept that a lower level of service is appropriate where bike and pedestrian traffic are highest. Mr. Pollock said the key issues that the Board supported was either a bike lane, a wide shoulder, or a wider travel lane, but did differ with the concept of a bike stripe being appropriate in all areas for bike travel. He emphasized connectivity, with emphasis on connecting all the disconnected pieces of bikeways. Mr. Pollock said the Board felt that a staff person should be hired to get the work done. He said there were better designs for a Bicycle Compatibility Index than the one in the Plan. Mr. Pollock said the remaining comments from the Board had been presented in writing to the Council.
Scott Radway, former member of the Planning Board, thanked and complemented all involved in the Plan, especially the Council. He said Roger Perry had accepted the concept of affordable housing in the Meadowmont project. Mr. Radway cited as really important programs the Small Area Plan, Zoning Enforcement, Rental Licensing, completing the Downtown Small Area Plan, the Art Program, and Entranceways, with a focus on a separate plan to maintain these entranceways. He said he felt that there had been great strides forward to becoming a complete community. Mr. Radway said the Data Book was a good step forward, the Annual Growth Management Report and the Five-Year Review and Revision process were good targets.
John Kent commented on the parking issue, stating he felt there should be a friendly emphasis on biking and pedestrians, including bridges across creeks and over streets. He said he was impressed with the job of preserving open space, but added that trails were not always necessary in open spaces, which could be used for wildlife and dogs. Mr. Kent said floodplains should not be developed, that an undeveloped floodplain was the best thing a town could have. He said undeveloped floodplains served many purposes: aesthetic, wildlife, clean water, and providing flood safety.
Mayor Waldorf said at the November 15, 1999 regular Public Hearing meeting, there would be an added item to the agenda to continue the hearing on the Comprehensive Plan, so that additional comment could be made by those unable to attend this evening’s meeting.
Council Member McClintock suggested that the Plan be referred to OWASA.
The Council discussed future meeting dates and requested that discussion of the Comprehensive Plan be added to the agenda for November 15, 1999. Town Manager Horton confirmed that November 22, 1999, would be the next public hearing date on the Plan, with staff comments included. The Council agreed by consensus to schedule a work session, to include representatives of the Comprehensive Plan Work Group, on November 23, 1999, from 5:00 to 7:00 p.m.
Council Member Brown, reading that “prudence dictates that one should plan to consume no more water annually than the water supply can deliver during the driest years,” asked that OWASA be requested to supply information on its projected driest years and what population those driest years could supply water for. She asked for the current zoning maps, the original 1986 zoning map, and the new zoning map in a format that would be larger and comparable with each other.
Council Member McClintock suggested including the preamble submitted by Joe Herzenberg in the Comprehensive Plan.
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO REFER THE PLAN TO THE TOWN MANAGER AND STAFF, THE OWASA BOARD OF DIRECTORS, THE CARRBORO BOARD OF ALDERMEN, THE ORANGE COUNTY BOARD OF COMMISSIONERS, THE CHATHAM COUNTY BOARD OF COMMISSIONERS, THE DURHAM CITY COUNCIL, AND THE DURHAM COUNTY BOARD OF COMMISSIONERS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER MCCLINTOCK MOVED, SECONDED BY COUNCIL MEMBER FOY, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The meeting was adjourned at 9:27 p.m.