MINUTES OF A PUBLIC HEARING HELD BY
THE MAYOR AND COUNCIL OF THE
TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY,
OCTOBER 1, 1990
Mayor Howes called
the hearing to order, noting that the Council would take no official action
this evening, other than to refer matters to the Town Manager and Attorney for
future follow‑up. Mayor Howes also reminded citizens that October 8th was
the last day for voters to register for the November, 1990 general elections.
Council Members in
attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston,
Alan Rimer and Arthur Werner. Council Members James C. Wallace and Roosevelt
Wilkerson, Jr., were absent excused.
Also in attendance were Town Manager Cal Horton, Assistant Town Managers
Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon,
Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.
One and Two‑Family
Residence Development Ordinance Text Amendment
Planning Director
Roger Waldon noted that several duplexes had recently been constructed that
could be interpreted as duplexes or rooming houses. Mr. Waldon said that
applications for rooming houses require notice to neighbors and consideration
of floor area ratios, while duplex applications do not have these requirements.
He showed several slides depicting large duplex projects. Mr. Waldon stated
that the staff was proposing several changes to existing development ordinance
requirements for duplexes. Mr. Waldon briefly reviewed proposed changes to the
regulations, particularly thresholds on the number of bedrooms permitted and
changes to the definition of rooming house, based on the developer's intent. He
noted that non‑conforming situations could continue to operate, but could
not be expanded.
Council Member Werner
inquired about existing regulations pertaining to duplexes other than site plan
review. Mr. Waldon noted that duplexes
are exempt from floor area ratio standards.
He said that rooming houses must meet floor area standards. Mr. Waldon
added that parking regulations apply to both duplex and rooming house projects.
Planning Board
Chairperson Bruce Guild noted that the Board had been divided in its
recommendation in this matter. Mr.
Guild cited the concern of some Planning Board members relative to
difficult of regulatory enforcement and
potential impacts on traffic in the downtown area. Mr. Guild concluded by
noting that the Planning Board recommended against enactment of the proposed
text amendment. Town Manager Horton said his preliminary recommendation was
adoption of proposed changes to the Development Ordinance.
Robert Joesting said
he had resided in the Northside neighborhood for over six years. Mr. Joesting
urged the Council to adopt the proposed ordinance amendments. He stated that
the shortage of lowcost housing alternatives needed to be addressed in a
timely manner.
Estelle Mabry, 505
Pritchard Avenue, stated that enactment of the ordinance amendment might
address some existing noise and other problems relating to large duplexes in
the Northside neighborhood. She passed photographs of existing duplex
situations to Council Members.
George McCarthy said
that the Town currently had a surplus of rental housing. Mr. McCarthy stated
that typical rooms in multifamily units rent for $300 per month, while two
bedroom apartments cost $400 to $450 per month. Mr. McCarthy urged the Council not to address the needs of transient residents at the expense of
permanent Town residents.
R.D. Smith said he
had counted twenty‑five automobiles parked in front of two duplexes on
Caldwell Street on September 30, 1990. Noting that he had lived in the
Northside neighborhood since 1942, Mr. Smith urged the Council to preserve the
unique character of the area.
Margaret Taylor,
President of the Alliance of Neighborhoods, said that adoption of the proposed
text amendments would be an important step in improving the livability of
central neighborhoods. Ms. Taylor
stated that staff at the Institute of Government had indicated the construction
of large duplexes was an almost universal condition in college and university
communities. She expressed a desire for
greater University involvement in the provision of off‑campus housing
alternatives. Ms. Taylor said the current
situation provided an ideal vehicle for public‑private cooperation. She urged the Council to preserve central
neighborhoods by adopting the proposed text amendments.
Katherine Ward, a
resident of Pritchard Avenue, said that four new boarding houses had been
constructed in her neighborhood in the past five years. Ms. Ward distributed photographs of her
neighborhood to the Council. She said
that the boarding house/duplex created acute parking problems in the area. Ms. Ward requested that the Council protect
the Northside neighborhood for all current and future residents.
Velma Perry said she
had resided in the Northside neighborhood for over sixty years. Ms. Perry stated that she had recently
observed a marked increase in the number of homes being converted to rooming
houses. She noted that it was
increasingly difficult to traverse area streets due to the number of
automobiles parked in the area. Ms. Perry urged the Council to preserve the
integrity of the Northside area as a neighborhood for families.
Pete Thorn,
President, Capricorn Construction Company, stated that the University is unable
to provide all the necessary affordable housing for its students. Mr. Thorn said that the Roberson Walk
project provides an affordable housing alternative for graduate and
professional students, while exhibiting sensitivity to the existing
neighborhood. He stated that the units
are energy efficient and provide amenities requested by graduate and
professional students. Mr. Thorn expressed concern that the proposed text
amendment would make it impossible to construct large duplex units. Mr. Thorn noted that it is currently very
difficult to finance projects of this type under current regulations. He urged
the Council not to confuse the protection of the Northside and other
neighborhoods with the need for construction of new duplex units.
Martin Feinstein, 400
Coolidge Street, outlined the case history
of a recent large‑scale construction project in his neighborhood.
Mr. Feinstein said he relied on provisions of the Town's Zoning Ordinance to
protect his housing investment. He stated that the project would locate two
five‑bedroom homes on a single lot in his neighborhood. He expressed concern that ten more cars
would add to the congestion of twenty‑three
foot wide Coolidge Street. Mr. Feinstein expressed his gratitude to the Town
Planning staff for their assistance to date with his concerns.
Scott Tyrell, a
resident of Ashley Forest, stated that many students had been crammed into very
small areas of his neighborhood. Mr.
Tyrell expressed concern about the very dense nature of the Rebel Run
condominium project. He stated that the area has insufficient parking and is
very noisy and crowded. Mr. Tyrell said that the proposed ordinance did not go
far enough in addressing existing problems.
Joe Capowski, 404
Coolidge Street, requested Council approval of the proposed development
ordinance text amendment. Mr. Capowski expressed concern about the construction
of two "single‑family" five‑bedroom homes on a 0.4 acre
lot in his neighborhood. Mr. Capowski noted that an existing loophole in the
Town's zoning ordinance permitted the construction, despite the fact that the
area is zoned R‑2. Mr. Capowski requested that the Council close the
loophole by adopting the proposed text amendment.
Dennis Bradshaw
expressed concern about the ambiguity of development ordinance language
pertaining to group homes. Mr. Bradshaw requested that the Council ensure that
group homes could continue to be constructed and sited in the future.
Sonny Karl, 403
Pritchard Avenue, said she enjoyed the diversity of her neighborhood. Ms.
Karl stated that she did not care for existing noise, automobile and refuse
problems created by very dense development in the area. Ms. Karl stated that
rental of individual rooms for $300 per month is not affordable housing. Ms.
Karl expressed hope that the Council would enact the proposed amendments to
provide additional protection to the Town's neighborhoods.
Arthur Finn, a
resident of Hillsborough Street, said the issue at hand boiled down to a trade‑off
between the money made by developers against the value of existing properties.
Mr. Finn requested that the Council support proposed ordinance changes.
Council Member
Andresen requested that the staff provide a summary of how to address non‑conforming
uses in its follow‑up report to the Council. Council Member Andresen also inquired how group homes would be
potentially impacted by the proposed amendments. Mr. Horton responded that
group homes would not be affected by the proposed regulatory changes. Council
Member Herzenberg requested that the staff address parking on lawns in its
follow‑up report. Mayor Howes inquired when the item would be returned
for Council consideration. Mr. Horton
said alternative proposals would be presented at the Council's October 29th
meeting. Mayor Howes thanked all parties who had addressed the Council this
evening.
COUNCIL MEMBER WERNER
MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE TOWN
STAFF. THE MOTION WAS ADOPTED
UNANIMOUSLY (7‑0).
Northside
Neighborhood Plan Amendment
Planning Director
Roger Waldon noted that the Town staff was in the process of putting together a
package of ideas to address specific concerns of Northside residents. Mr.
Waldon stated that the proposed amendment would formally designate the
neighborhood as an area in need of protection. Mr. Waldon showed an exhibit map
depicting the area proposed for conservation. He read the proposed language
amendment, as follows, into the record of the hearing:
"The
Northside Neighborhood in particular is a unique and vulnerable community in
Chapel Hill. It is among the oldest
neighborhoods in the Town. From its
beginning it has provided homes for the moderate income people of Chapel Hill. It is the only residential district
adjoining the Town Center which does not have historic district protection. It
has a particularly rich mix of people living in it. For these reasons,
the Northside Neighborhood is designated a Conservation Area.
The
intent of designating Northside as a Conservation Area is to preserve the
singlefamily residential character of the neighborhood. It is further the
intent to preserve the distinguishing features and the character of the area.
Development
that occurs in a Neighborhood Conservation Area should be of a scale and design
similar to the one and two‑story existing structures in the neighborhood.
Non‑residential uses are strongly discouraged. Large parking areas are
similarly discouraged; if parking areas are to be developed, they should be
heavily screened from public streets and walkways. All development should place
emphasis on pedestrian movements. "
Planning Board
Chairperson Bruce Guild stated that the Board had considered the proposed
amendment on September 18th. Mr. Guild noted that the Board recommended
approval of the amendment, with the exception of one dissenter who felt the
amendment would do nothing to address problems of the downtown area. Town
Manager Horton said his preliminary recommendation to the Council was the
adoption of the proposed ordinance amendment.
R.D. Smith said he
welcomed the proposed text amendment. Mr. Smith requested that the Council
protect the residential character of the Northside neighborhood.
Claire Baum urged the
Council to protect the character and integrity of downtown neighborhoods.
Estelle Mabry thanked
the Council and Planning staff for the proposed amendment. Ms. Mabry requested
a change in the proposed Northside protection boundary. She also noted that
constructing high‑density apartment complexes on the periphery of the
area was a bad idea.
Robert Joesting
expressed hope that the Council would support the proposed ordinance amendment
in order to maintain the fragile balance of the neighborhood's unique mixture.
Larry Ohms stated
that the Northside neighborhood should be upzoned for denser development. Mr.
Ohms urged the Council to plan for denser development in the downtown area to
address future need.
Peter Kernan, a
resident of Pritchard Avenue, urged the Council to protect the unique character
of the Northside neighborhood. Mr. Kernan requested the Council not to
encourage overdevelopment.
Council Member
Andresen noted that most of the Northside area is currently zoned R‑4.
She suggested that the area could be rezoned R‑2 to achieve greater
protection. She added that more greenways could also be established in the
neighborhood.
Council Member Rimer
noted that there was no specific recommendation in the staff's report to the
Council. Council Member Rimer inquired
whether the staff was recommending the establishment of higher densities in the
area. Mr. Waldon said the objective of the staff was to encourage people to
live within walking distance of the downtown in balance with conserving the
existing neighborhood. Council Member Rimer noted that while the Chancellor
Square project had won planning awards, it was not greeted receptively by
Northside residents.
Council Member
Preston inquired whether higher density and transitional uses would be proposed
along Rosemary Street. Mr. Waldon responded that many possible ideas would be
outlined in the staff's follow‑up report to the Council.
Council Member
Herzenberg noted that the proposed change offered little more than some nice
words. Council Member Herzenberg noted the need for continued vigilant efforts
to protect the character of the
Northside area. Council Member Brown
requested that the staff provide examples of conservation districts and their
expected benefits in the follow‑up report to the Council.
Mayor Howes stated
that the Northside neighborhood offers one of the richest mixes of land uses
and densities of any area in the Town. Mayor Howes added that the neighborhood
has many very unique and quality components.
R.D. Smith stated
that he was on the Town's Board of Aldermen at the time of the Chancellor
Square application. Mr. Smith said that existing regulations did not provide
for adequate parking provisions. He stated that Lindsay Street consequently
caught the brunt of this overflow traffic. Council Member Rimer inquired how
the Chancellor Square project was working in concert with the Northside
neighborhood. Mr. Smith said that the
installation of no parking signs had
mitigated some concerns as had the establishment of a public housing project
next to Chancellor Square.
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO THE TOWN
STAFF. THE MOTION WAS ADOPTED
UNANIMOUSLY (7‑0).
Establishment of
Low‑density Residential District
Planning Director
Roger Waldon stated that the proposed new category, R‑2a, would fall
between the Town's existing R‑1 and R-2 zoning districts. Mr. Waldon said that the formulation of the
new zoning district designation was recommended to the Council.
Planning Board
Chairperson Bruce Guild said the proposed amendment was favored by the Board.
Mr. Guild stated that the sole dissenter felt there were too many designations
in the Town's current zoning ordinance.
Philip Sullivan, a
member of the Oaks Villas Board of Directors, said he strongly recommended the
Planning Board's recommendation to the
Council. Mr. Sullivan said the proposed zoning category would offer reasonable
protection to his neighborhood now and in the future.
Robert Leopold said
he was very comfortable with the proposed provisions for R‑2a zoning.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE
TOWN STAFF. THE MOTION WAS ADOPTED
UNANIMOUSLY (7‑0).
R‑2a Zoning
Atlas Amendment
Planning Director
Roger Waldon noted that the R‑2a designation was applicable for uses in
areas such as the Oaks Villas subdivision. Mr. Waldon added that this
classification would closely match one of Durham County's zoning
classifications.
Planning Board
Chairperson Bruce Guild noted that the Board had unanimously concurred in
recommending the proposed atlas amendment to the Council.
Philip Sullivan said
he strongly supported the Planning Board's recommendation.
Mayor Howes noted
that the item would return for Council consideration on October 29th.
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN,
TO REFER THE MATTER TO THE TOWN STAFF.
THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).
Rezoning of
Parrish Property
Planning Director
Roger Waldon stated that a representative of the Parrishes had sent a letter to
the Council, seeking consideration of rezoning for their properties on NC 54.
Mr. Waldon noted that the owner was seeking neighborhood commercial zoning for
these two parcels. Mr. Waldon said that
the staff did not recommend this designation.
Mr. Waldon noted that the parcels had been previously zoned highway
commercial within the context of Durham County zoning regulations. Mr. Waldon stated that the owner had the
option of applying for conditional use rezoning.
Planning Board
Chairperson Bruce Guild noted that the Board recommended that the Council
approve the requested rezoning of the Parrish property from Residential‑2
to Neighborhood Commercial. He added
that the two dissenters felt that the entire area should be R‑2 and that
it would be preferable to have the property continue as a nonconforming use in
a residential zone.
Town Manager Horton
noted that his preliminary recommendation was to deny the proposed zoning atlas
amendment to change the zoning of the
Parrish property from Residential‑2 to Neighborhood Commercial.
George Tyson,
representing Vernon and Emmy Parrish, said this matter involved legal,
practical and moral considerations. Mr. Tyson stated that the individual
renting the Parrish's building had gone bankrupt. He added that four persons
had contacted him in the past year inquiring about the possibility of renting
the property for commercial purposes. Mr. Tyson noted that the income from the
property served as a personal individual retirement account for Mr. and Mrs.
Parrish.
Mayor Howes inquired
whether there were any other speakers on this matter. There were no additional
speakers.
Council Member Rimer
inquired how a service station had been recently approved along the NC 54
entranceway corridor to the Town. Mr. Waldon noted that this project had been
approved by Durham County prior to its annexation to the Town.
COUNCIL MEMBER
HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO REFER THE MATTER TO
THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).
Historic District
Language Clarification
Planning Director
Roger Waldon stated that a current Statutory reference was incorrect due to
recent regulatory changes by the State Legislature. Mr. Waldon noted that the staff was recommending the
incorporation of new language to remedy this situation.
Planning Board
Chairperson Bruce Guild said the Board had unanimously concurred with the
proposed language change.
Town Manager Horton
said his preliminary recommendation was to adopt the amended language.
Mayor Howes inquired
whether there were any speakers on this matter. No one requested to speak on
this matter.
COUNCIL MEMBER RIMER
MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE TOWN
STAFF. THE MOTION WAS ADOPTED
UNANIMOUSLY (7‑0).
Certificates of
Improvement
Planning Director Roger
Waldon stated that the staff was recommending the addition of clarification
language to its surety instruments.
Planning Board
Chairperson Bruce Guild said the Board had recommended adoption of the proposed
ordinance amendment by a vote of 6‑4.
Mr. Guild said the dissenting voters were uncertain about who the
proposal would protect.
Town Manager Horton
said his preliminary recommendation was adoption of the proposed amendment.
COUNCIL MEMBER
PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO
THE TOWN STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).
The hearing concluded
at 9:50 p.m.