MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, MONDAY, NOVEMBER 19, 1990 AT 7:30 P.M.

Mayor Howes called the hearing to order. He noted that a reception honoring retiring Orange County Commissioner Shirley Marshall would be held on Thursday, November 29th, in Hillsborough. Mayor Howes said that the Council would take no formal action on the matters before them this evening.

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr. Council Member James C. Wallace was absent. Also in attendance were Assistant to the Mayor Lisa Price, Student Liaison to the Council Win Burke, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Town Engineer George Small, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Thoroughfare Plan

Town Manager Horton said that the Thoroughfare Plan focused on planning fifteen to twenty-five years in the future. He added that two preliminary recommendations had been revised since the Council's initial discussions in June.

Planning Director Roger Waldon introduced Diane Zimmerman, the Town's new North Carolina Department of Transportation staff representative. Mr. Waldon briefly reviewed the staff recommendations, including the development of alternative transportation strategies for reducing traffic congestion. He showed an exhibit map of the proposed alignment for Laurel Hill Parkway between N.C. 54 and U.S. 15-501, noting that the roadway had two fixed points at NC 54 and the Corp of Engineers property. Mr. Waldon stated that the University was seeking the realignment of Manning Drive. He said that all of the proposed realignment would occur on University property. Mr. Waldon stated that the purpose of the two proposed roadways was to provide access to newly developing areas. Mr. Waldon said that both University officials and staff were concerned about the potential loss of Odum Village housing units. He briefly reviewed changes in the staff's preliminary recommendations to the Council.

Council Member Preston inquired about the proposed width of Manning Drive. Mr. Waldon said that no specific width had been determined, although four travel lanes were proposed. Council Member Preston inquired about the scope of the proposed alignment. Mr. Waldon said that the alignment would have to be agreeable to the Council and University officials. Council Member Andresen inquired about the status of the proposed Southern Connector. Mr. Waldon stated that the staff was recommending that the Council keep Jack Bennett Road on the Thoroughfare Plan as a possible Southern Connector. Council Member Andresen said the best course of action would be to defer to Chatham County on this matter. She added that the balance of the Council might not concur in this opinion.

Gordon Rutherford, Director, University of North Carolina Facility Planning and Design, described new and proposed facilities in the south campus area. Mr. Rutherford said that an additional 2.1 million square feet of building space were in the planning and design stages. He noted that the existing University campus contained 10.8 million square feet, while the North Carolina Memorial Hospital complex comprised 3.7 million square feet. He said that Manning Drive was a logical transportation corridor for handling growth in the area.

Lin Dunbar, a resident of Odum Village, said that the needs of the University and its students needed to be taken into consideration in the University's and Council's decision-making processes. Ms. Dunbar said she thoroughly enjoyed residing in Odum Village, and was defending her chosen home this evening. Ms. Dunbar urged the Council to find and support a roadway alternative which would preserve Odum Village.

Bill Alberti, a member of the Cross-County Association, said that the protection of Laurel Hill Parkway's right-of-way was necessary to protect existing and future neighborhoods, promote efficient transit service, minimize the impact on sensitive environmental areas, and to minimize the cost to local governments. Mr. Alberti said that Pope Road was not a feasible location for Laurel Hill Parkway since Pope Road did not permit adequate through movements and has numerous curves and hills which would make it unsafe for higher traffic volumes. Mr. Alberti stated that the Cross-County Association emphatically opposed the Pope Road proposal for realignment of Laurel Hill Parkway.

Fred Semieniuk said that the Mason Farm Road neighborhood north of the bypass has eleven driveway and two roadway accesses. Mr.

Semieniuk suggested that an access study for Mason Farm Road was needed.

Ken Broun, representing the Mason Farm Road/Whitehead Circle neighborhood association, said he was concerned about the possible loss of Odum Village housing units and the vulnerability of the neighborhood in general. Mr. Broun stated that he was uncertain of the University's future building and roadway plans. Mr. Broun asked the Council to consider whether adequate traffic studies about roadway alternatives had been conducted. He also suggested that the University may have overplanned for the future. Mr. Broun suggested that the University might be well served by reassessing its plans. Mr. Broun said he was confident that the Council would have the best interest of area residents in mind during its deliberations and decision-making processes.

Richard Wolfenden said that the integrity of the Mason Farm/Whitehead Road neighborhood depended upon future University plans. Mr. Wolfenden noted that approximately 150,000 people per year would use the ambulatory care facility, equating to about 1,500 vehicle trips per day. Mr. Wolfenden said he did not oppose development, but was gravely concerned about the threat of the proposed roadway to existing neighborhoods. He requested that the Council protect the interests of area residents.

Philip Rees, a resident of Otey's Road, requested that the Council protect his neighborhood from additional traffic. Mr. Rees suggested that a number of alternatives could be introduced to discourage the use of Mason Farm Road as a means of access to the University. Mr. Rees presented a petition to the Council, signed by thirty-six residents of the Mason Farm Road, Whitehead Circle and Otey's Road neighborhood, requesting that Mason Farm Road and Otey's Road be closed at their intersection with the U.S. 15-501 bypass.

Conrad Neumann requested that the Council remove Laurel Hill Parkway from the proposed Thoroughfare Plan. Mr. Neumann questioned whether growth projections for the area were realistic. Mr. Neumann said it was unrealistic to continue building of new roadways. Mr. Neumann urged the Council to preserve greenways rather than build new roads.

Elaine Barney expressed her opposition to the South Loop Road proposal, noting that additional noise and air pollution would be created. Ms. Barney stated that there were virtually no trees or wildlife were left in the vicinity of ambulatory care facility, following clearing for construction. She said that the construction of additional roadways would not help the University or its neighbors.

Dan Coleman noted that the Town staff had initially recommended against the South Loop Road proposal in June. Mr. Coleman expressed frustration about the lack of information about the University's planning processes. He said that the University was using automotive policies of the past. Mr. Coleman said that the University could provide necessary leadership by saying no to the construction of new roadways.

Adrian Cuberlee said he wished to amplify Mr. Bill Alberti's comments concerning the proposed alignment of Laurel Hill Parkway. Mr. Cuberlee inquired whether the proposed parkway would serve as a major or minor roadway. He urged the Council to adopt a proposed realignment other than Pope Road. Mr. Cuberlee also encouraged the Council to tour the Pope Road area.

John Kent said he was pleased that the staff was recommending the removal of a portion of the Laurel Hill Parkway from the Thoroughfare Plan. Mr. Kent also expressed support for the development of additional transportation alternatives. Mr. Kent said that he supported the removal of Laurel Hill Parkway north of NC 54, since construction of this roadway would be environmentally destructive.

Greg Gangi expressed concern about the University's lack of desire for Town involvement in the roadway planning process. Mr. Gangi said that the University and Town needed to look at roadway alternatives rather than destroying the downtown area. Mr. Gangi urged the Council not to destroy the Town's integrity in the name of efficiency.

Ed Harrison said he resided in the cross-county area. He suggested that the Laurel Hill Parkway would more appropriately be named Southwest Durham Parkway, since the City of Durham would benefit most from construction of the roadway. Mr. Harrison expressed concern about damage to bottom land forest and wetland areas. Mr. Harrison said that if Resolution A were adopted by the Council, extensive environmental studies, funded by developers should be required. He added that construction of sidewalks, bikeways and development of alternative transportation systems should also be required.

Mark Chilton, a UNC undergraduate student, said he was District eighteen's representative to the University of North Carolina Student Congress. Mr. Chilton added that the majority of the University's students commuted to campus by means other than automobiles. He also noted the importance of providing affordable housing alternatives for University students and staff.

Rona-Fried Overholt requested that the Council remove the proposed South Loop and Laurel Hill Parkway from the Thoroughfare Plan. Ms. Overholt said that the Town was at a crossroads in its growth patterns, with a number of natural areas potentially endangered by roadway construction. Ms. Overholt said that consideration of the Thoroughfare Plan was the Council's opportunity to say no to roadbuilding and yes to the environment and alternative transportation.

Peter Todd, a member of the Research Triangle Group Sierra Club, commended the Council for its preliminary decision to remove the southern and western portions of Laurel Hill Parkway from the Thoroughfare Plan. Mr. Todd noted that Jordan Lake would serve as the community's primary future drinking water source. He also requested that future development not be promoted by taxpayer's money.

Don McChesney expressed concern that some University officials continued to favor the Pittsboro Street Extension proposal. Mr. McChesney also expressed concern that University planners were making some of their long-term decisions in a vacuum. Mr. McChesney urged the Council to return Pittsboro Street to two-way usage.

Lisa Abbott stated that the University's long-range plan, particularly proposed roadways and parking decks, appeared to be unsustainable.

Steve Wallace read a prepared statement into the record of the hearing. A copy of Mr. Wallace's statement is available for inspection in the Town Clerk's Office.

When called upon to speak, Joe Capowski, Charles Murphy and Joan Bartel stated that their concerns had been addressed by earlier speakers.

Dee Gamble said that affordable housing was needed for University students and staff. Ms. Gamble strongly encouraged the Council to work with University officials in preserving existing affordable housing opportunities.

George Steele said he supported Council consideration of returning Pittsboro Street to two-way traffic. He also suggested that Cameron Avenue be widened from three to four lanes.

Don Boulton, Vice Chancellor of Student Affairs, stated that the University's commitment to providing affordable housing for students would continue. Mr. Boulton stated that the University provided housing for approximately seven thousand undergraduate students and 305 families in Odum Village. He also stressed the importance of joint community efforts in providing affordable housing. Mr. Boulton added that Odum Village housing units would be replaced in the next seven to twenty years.

Ben Tuchi, Vice Chancellor for Business and Financial Affairs, noted that he had met with residents of Odum Village on November 18th. Mr. Tuchi indicated that he would be pleased to meet with residents of the Mason Farm/Whitehead neighborhood. Mr. Tuchi said it was the University's expectation that plans be laid out as soon as they had sufficient substance. He provided assurances that the University would have some sort of replacement for Odum Village prior to construction of a South Loop roadway. Mr. Tuchi stated that the University would continue to invite complete involvement by all parties in the planning process and would share preliminary plans as soon as they had enough substance to be discussed.

Mayor Howes thanked all parties who had spoken this evening. He noted that the Council would need time for further contemplation of the Thoroughfare Plan and related issues.

Council Member Werner noted that the Thoroughfare Plan involved a variety of complex issues. He added that additional discussion of Mason Farm Road would be needed, since the current proposed alignment had been developed under the assumptions of an earlier Thoroughfare Plan proposal. Council Member Werner requested that the staff report back to the Council on the question of whether the proposed South Loop was tied to original assumptions about Pittsboro Street Extension and the widening of South Columbia Street. Council Member Werner also noted that there appeared to be a lot of room for future negotiations. He said that Town and City of Durham officials would be meeting on November 20th at noon to discuss the proposed Laurel Hill Parkway.

Council Member Andresen inquired about the University's South Loop area traffic studies to date. She also asked what the University's intentions were in replacing married student housing units. Council Member Andresen stated that Glen Lennox was not a suitable alternative for this purpose. She requested that the Town staff provide information about the possibility of two-way traffic on Pittsboro Street and closing Otey's Road. Council Member Andresen said she appreciated Vice Chancellor Tuchi's remark that planning discussions would be open.

Council Members Rimer and Werner stressed the importance of receiving additional information from the Town staff to make well-informed decisions concerning the Thoroughfare Plan. Council Member Brown expressed concern about the contributory impacts of additional buildings and automobile traffic in the south University campus area. She stressed the importance of examining environmental issues on a Town-wide basis. Mayor Howes said the Council would not vote on the Thoroughfare Plan on December 11th, as originally scheduled.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mill Creek Condominiums SUP Modification

Town Manager Horton requested that the agenda item and its attachments be entered into the record of the hearing. Mayor Howes concurred with the request.

Planning Director Roger Waldon stated that the applicant was requesting an extension to the current project time completion limit of January 1, 1991. Mr. Waldon showed a site plan of the project, noting that the total project square footage exceeded that permitted by current development regulations. He said that the request, on balance, appeared reasonable and preliminarily recommended by the Town Manager.

Council Member Herzenberg inquired about the location of the Resource Conservation District line. Mr. Waldon pointed out the

Resource Conservation District boundary on an exhibit map.

Jack Smyre, said he was representing a financial institution which had recently assumed ownership of the project. He noted that the infrastructure was in place. Mr. Smyre said that the applicant was working with due diligence and requested that the Council adopt Resolution A, approving the extension request, in the future.

Planning Board Chairperson Bruce Guild said that the request for extension had been reviewed at the Board's October 30th meeting. Mr. Guild said that the Board concurred with the staff's recommendation, by a vote of 8-1, that the applicant's request for extension be approved. He added that the Planning Board was subjecting requests of this type to greater scrutiny.

Town Manager Horton noted that his preliminary recommendation was the adoption of Resolution A, approving the request for a time extension.

Mayor Howes inquired whether there were any citizens wishing to speak on this matter. Hearing none, the Mayor requested the applicant's statement concerning proposed conditions of approval. Mr. Smyre said that the applicant concurred with the conditions outlined in Resolution A.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO RECESS THE HEARING TO DECEMBER 11TH, AND REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Asheton Hill Condominiums Special Use Permit Modification

Town Manager Horton requested that the agenda item and its attachments be entered into the record of the hearing. Mayor Howes concurred with this request.

Planning Director Roger Waldon stated that the applicant was seeking extension of the project completion time limit. He showed a site plan outlining the proposed configuration of the project. Mr. Waldon stated that sixteen of ninety-one originally planned units had been completed on the site. Mr. Waldon added that the proposed number of units had be reduced to sixty-four in 1988. Mr. Waldon said that the staff's preliminary recommendation was approval of the request for extension.

Bob Schultz, Barclay's American Mortgage Corporation, said his firm had taken control of the property in February, 1990 and was in the process of trying to sell the project to a developer or builder.

Gary Saleeby, representing Howard, Perry and Ralston Realtors, said he was attempting to market the project to interested builders and developers. Mr. Saleeby stated that affordable housing was a community need which could be fulfilled by projects such as Asheton Hills condominiums. Mr. Saleeby said that he was working with Town staff on administrative and design issues.

Planning Board Chairperson Bruce Guild stated that the Planning Board had considered the time extension request at its October 30, 1990 meeting. Mr. Guild said that the Board had voted 7-2 to recommend denial of the extension request. He noted that no units had been constructed on the site subsequent to sixteen initial units in 1984. Mr. Guild stated that the Planning Board had observed that market conditions and zoning designations surrounding the project had changed significantly since the project's inception. He said that the majority of Planning Board members concluded that the time limit for the project had already been overextended. Mr. Guild noted that the two dissenting members felt that denial of the request would decrease the potential for Asheton Hills to be an affordable housing project.

Council Member Rimer inquired whether the Board had discussed the possible impact of an extension denial on the existing units. Mr. Guild said that this matter had not been specifically discussed. Council Member Werner noted that original project concerns had focused on distance and setback requirements. Mr. Waldon stated that the setback distances varied from 27 to 52 feet. Council Member Preston requested a clarification of the sixty day extension rule. Mr. Saleeby said that such requests had to be made within sixty days of expiration, before or after the expiration date. He added that the applicant was making its best efforts to meet existing setback requirements. Mr. Waldon stated that anticipated changes in the location of buildings would be minor.

Council Member Rimer noted that even if an extension to August 17, 1991 were granted, the Council would likely receive another request for an extension from the new property owner.

Town Manager Horton said his preliminary recommendation to the Council was the adoption of Resolution A.

Mayor Howes inquired whether any citizens wished to speak on this matter. Hearing none, he requested the applicant's statement regarding proposed conditions of approval. Mr. Schultz expressed his concurrence with the Town Manager's preliminary recommendation of Resolution A.

Council Member Wilkerson requested clarification of the sixty day extension request deadline. Town Attorney Karpinos said that Mr. Saleeby's earlier interpretation was correct. Council Member Preston inquired whether other applicant's had interpreted the regulations in the same manner as Mr. Saleeby. Mr. Waldon said the present interpretation did not differ from those in the past.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO RECESS THE HEARING TO DECEMBER 11TH AND REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Hardee's Restaurant Special Use Permit

Town Manager Horton requested that the agenda item and its attachments be entered into the record of the hearing. Mayor Howes concurred with his request.

Planning Director Roger Waldon showed a site plan for the project proposal, noting that a new point of access to the site was being requested. He said that the staff had major access and circulation concerns, particularly the potential for conflicts between pedestrians and automobiles. Mr. Waldon stated that the addition of the drive-through window would work against safe pedestrian movements. He added that there was not sufficient room on the site to meet current development standards. Mr. Waldon said that the staff's preliminary recommendation was denial of the special use permit application.

Council Member Preston requested additional information concerning possible pedestrian/automobile conflicts on the site. Mr. Waldon stated that the main door would stay in its current location, necessitating some pedestrian movements through the proposed drive-through area.

Bob Middcalf, Hardee's local franchisee, stated that numerous changes were being made to the interior of the restaurant. He showed the proposed circulation pattern for the site, adding that this was the most workable layout. Mr. Middcalf said that the pattern would be counterclockwise, with one way entrances and exits. He added that the proposed circulation pattern was marginal since true pedestrian and automobile segregation do not tend to occur at any type of drive-through facility. Mr. Middcalf also said that the plan would upgrade the appearance of the site, with approximately $30,000 in roadway, drainage and sidewalk improvements being made by Hardee's. He requested that the Council adopt Resolution B, approving the request for special use permit.

Council Member Rimer asked why Mr. Middcalf had referred to the proposed circulation as "marginal". Mr. Middcalf said he was contrasting the situation with other drive through alternatives. He added that the building layout limited available circulation options. Council Member Rimer noted that the staff and Planning Board recommended denial of the proposal. He suggested that the applicant consider reorienting the building to accommodate better pedestrian and automobile circulation patterns.

Planning Board Chairperson Bruce Guild stated that the Board had considered the application on October 2nd and concurred with the staff recommendation of denial. He noted that patrons using the proposed drive-through would go past the same entrance twice.

Town Manager Horton said his preliminary recommendation was adoption of Resolution A, denying the special use permit request. Mayor Howes inquired whether there were any comments by citizens, hearing none, he requested the applicant's statement regarding proposed conditions of approval.

Mr. Middcalf said that alternative strategies such as a concrete island could be used as a barrier between pedestrian and automobile movements on the site. Mr. Middcalf requested changes in conditions one and seven in Resolution B. He requested that the construction start and end dates be extended to a one-year time period. Mr. Middcalf added that right-in and right-out restrictions proposed in condition seven would be an impediment to good traffic flow.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECESS THE HEARING TO DECEMBER 11TH AND REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Countryside Drive Improvements

Town Engineer George Small noted that paving improvements had been proposed for four streets in Countryside subdivision. He noted that this was a petition project, involving private streets, with the Town taking over maintenance following street improvements. Mr. Small said that the street improvements had been accomplished by Public Works staff and contract labor. Mr. Small stated that this evening's hearing was the second step in recovering costs from property owners on the four streets.

Larry Johnson, 109 Roundtree Road, said that there was a defect in the entrance to Roundtree Road. He requested that the roadway and drainage be inspected and corrected. Mr. Small said that the staff would investigate the situation and make any necessary repairs.

Mayor Howes noted that there were no other citizens wishing to speak on this matter. Council Member Werner said that he was glad to see this project coming to fruition.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The hearing concluded at 11:03 p.m.