MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, TUESDAY, FEBRUARY 19, 1991 AT 7:30 P.M.

Mayor Howes called the hearing to order, noting that Council Members Preston, Wallace and Wilkerson were unable to attend. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Alan Rimer and Arthur Werner. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Parks and Recreation Director Mike Loveman, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Howes noted that the Council would take no official action this evening, other than referring matters to the Town Staff.

Southern Community Park

Parties wishing to testify were sworn by the Clerk. 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 briefly reviewed the proposed site plan and outlined features within the site. He noted that the realignment of Dogwood Acres Drive and U.S. 15-501 was included in the development proposal. Mr. Waldon added that a community center, fire station, three ball fields, two soccer fields and a park and ride lot were proposed for the site. He stated that the Manager's preliminary recommendation was to approve the special use permit application, adding that a twenty year build-out was suggested.

Council Member Werner inquired whether sight distance consideration were the prime rationale for realignment. Mr. Waldon said yes. Council Member Werner asked whether it would be less expensive to straighten out U.S. 15-501. Mr. Waldon said the proposed roadway alignment would also enable a good organization of facilities on the site.

Parks and Recreation Director Mike Loveman reviewed the proposed site plan, noting that passive and active recreational uses were suggested. Mr. Loveman also described the slope and site characteristics and related aspects of the site. He added that efforts would be made to preserve the scenic qualities of the site. Mr. Loveman concluded his remarks by noting that four major phases of buildout were proposed.

Council Member Brown inquired whether open space bond funds had been used to acquire the proposed park and ride lot. Mr. Horton said yes, noting that these funds would be reimbursed to the open space bond fund when the park and ride lot is built. Council Member Brown inquired when funds could be reimbursed. Mr. Horton said he was unsure when the Urban Mass Transportation Administration would approve funds for the lot.

Council Member Rimer inquired about the rationale for the siting of the proposed community park facility. Mr. Waldon stated that the park facility could provide recreational facilities as the southern area of Town was built out during the next twenty years. Council Member Rimer asked why a tunnel was proposed under Dogwood Acres Drive. Mr. Loveman said that the tunnel would provide necessary security for children and other users of park facilities. He added that many users of the site would be moving frequently among portions of the site.

Noting that the area would take some time to build out, Council Member Andresen said she was glad that the Town had acquired the land. She inquired about possible fundings sources for the park and ride lot. Mr. Horton stated that the staff was in the process of negotiating funding for the proposed park and ride lot with UMTA. Council Member Andresen inquired about total costs for the park and ride lot. Mr. Horton responded that he could provide better developed financial information in the future. Council Member Andresen inquired about the use of the existing Dogwood Acres Drive as access to the park and ride lot. Mr. Horton noted that the staff was trying to determine the least expensive access alternatives. Council Member Andresen inquired about the estimated realignment cost for Dogwood Acres Drive. Mr. Horton said approximately $500,000, adding that the staff was evaluating several alternatives. Council Member Andresen suggested that development of the facility should occur slowly.

Council Member Herzenberg expressed concern about the status of a soccer field grant of $35,000. Mr. Loveman said that a time extension for the grant had been requested. He added that additional extension requests were permitted. Council Member Werner asked whether a more specific facility buildout schedule had been developed. Mr. Horton said that the proposed capital improvements program, including the proposed Southern Community Park facility, would be presented to the Council in the near future.

Council Member Werner asked whether the greatest need was additional ball fields. Mr. Loveman said yes. Council Member Herzenberg asked when the last softball field was completed. Mr. Loveman said 1979. Council Member Andresen asked which facilities had to be in place prior to construction of the ball fields. Mr. Loveman said the park and ride lot would have to be completed prior to use of the fields. Council Member Andresen inquired about the estimated cost of athletic facilities. Mr. Loveman said $2.7 million. Council Member Andresen asked whether it was possible to build the soccer fields with provisional parking. Mr. Loveman said yes. Council Member Andresen asked how much had been spent on design work to date. Mr. Loveman said approximately $30,000.

Planning Board Chairperson Bruce Guild said the board had considered the item on January 15th. He said that the board had recommended approval of the application, specifying that realignment of Dogwood Acres Drive not be required in phase one.

Julian Raney, a resident of Dogwood Acres Drive, said he heartily favored moving on with the Southern Community Park proposal. Mr. Raney said he was concerned with access to the park and ride lot during development of the park site, relative to sight distance considerations. He suggested that the Council required realignment of Dogwood Acres Drive or provision of an alternate entrance prior to development of the site. Mr. Raney also suggested that the Council add a stipulation to the conditions of approval requiring that the Council require access to the park and ride lot from along the northern border of the property.

Herschel Slater, a member of the Parks and Recreation Commission, said the Commission had been deeply involved in the development of the plans for Southern Community Park. He said that the concept was a good one. Mr. Slater said he endorsed Mr. Loveman's statement that the greatest need was for the early development of soccer and baseball fields.

Marianna Chambless, a Heritage Hills resident, said it was not unlikely that people from other areas would use Dogwood Acres Drive as a shortcut in the future. She expressed concern that Dogwood Acres Drive does not have sidewalks. Ms. Chambless added that increased traffic would diminish the quality of life in the Dogwood Acres neighborhood. She suggested that the Council recommend the addition of a roadway along the northern portion of the site to mitigate negative traffic impacts.

Mayor Howes said it was appropriate to have a master plan for the proposed park facility. He added that funding for the project would be borrowed and paid back over a number of years. Mayor Howes also stressed the importance of providing a park and ride lot within the Southern Community Park site. Town Manager Horton noted that the Town, as applicant, agreed with and accepted the proposed conditions of approval.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO RECESS THE PUBLIC HEARING TO MARCH 4TH AND REFER COMMENTS FROM THE HEARING TO THE TOWN MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

Delta Sigma Phi Fraternity

Parties wishing to testify were sworn by the Clerk. Town Manager Horton requested that the agenda materials for the item be entered into the record of the hearing. Mayor Howes concurred with the request.

Planning Director Roger Waldon reviewed the proposal, noting that the 7,500 square foot structure would house thirty residents. Mr. Waldon stated that the staff's preliminary recommendation was to approve the request, with right-of-way dedication along Prestwick and Finley Golf Course Road and street improvements on Prestwick Road. He stressed the need for proper timing of roadway improvements, to assure access to University Village and the proposed fraternity house. Mr. Waldon noted that the proposal for special roadway shoulder design had occurred following the Planning Board's consideration of the application.

Phil Post, the applicant's representative, said that the staff's suggestions had been very helpful throughout the design process. Mr. Post expressed his concurrence with the proposal for reinforcement of roadway shoulders. He noted the applicant's agreement with the conditions of approval in Resolution B, possibly adding a condition concerning roadway shoulder reinforcement. Mr. Post said that the applicant did not agree with proposed conditions concerning right-of-way dedication and the paving of Prestwick Road.

Mr. Post showed a map of the proposed site in relation to the proposed right-of-way dedication. He stated that the process for dedicating two and a half feet of right-of-way along Finley Golf Course Road would be an involved process yielding minimal gain. Mr. Post noted that the Planning Board had suggested that the

land for right-of-way be reserved, rather than dedicated.

Mr. Post noted that the staff was requesting that Prestwick Road be improved to a Class B road rather than Class C. He showed photographs of the Prestwick Road area, noting that the topography of the area was relatively flat. Mr. Post stated that the successful use of gravel facilities had worked well in the Prestwick Road area for many years. Mr. Post said it was his understanding that the University Village shopping center would provide roadway improvements to Prestwick Road.

Planning Board Chairperson Bruce Guild noted that the item had been considered at the Board's meeting on January 15th, adding that the differences between the proposed resolutions had been well-articulated. Mr. Guild stated that the Board was not persuaded that the dedication of two and a half feet of right-of-way was necessary. He stated that the Board had recommended approval of Resolution B by a vote of 9-1.

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

Council Member Andresen said that the condition for curb and guttering was a good idea, since cars tended to run off the roadway on a consistent basis. She stated that Class B roadway standards were essential in this area. Council Member Andresen asked why additional right-of-way dedication was needed. Mr. Waldon said he agreed with Mr. Post that right-of-way dedication for Finley Golf Course Road was not critical, although it would be useful to meet Town roadway standards. He stated that dedication for Prestwick Road was needed to achievea proper shoulder section for a Class B roadway. Mr. Waldon said that it was conceivable that a Class B road could fit into existing right-of-way, but it would be a very tight situation.

Mayor Howes said he was not yet persuaded that the proposed fraternity standing alone caused the need for roadway improvements. Mr. Waldon said that the gravel composition of Prestwick Road was not an acceptable arrangement, considering the proposed fraternity.

Council Member Werner inquired about roadway improvement conditions of approval for the University Village shopping center. Mr. Waldon said that the stipulations called for the improvement of Prestwick Road to Finley Golf Course Road, with a maintenance agreement for roadway shoulders. Council Member Werner asked whether a Class B roadway was required. Mr. Waldon said yes, noting that the improvements would be tightly fit into a substandard amount of right-of-way. Council Member Werner inquired about the anticipated use of additional Prestwick Road right-of-way. Mr. Waldon responded that the area would be used to maintain the roadway and shoulders. Council Member Werner inquired whether the special use permit was tied to the land or the owner. Town Attorney Karpinos responded that the permit would be tied to the land. Council Member Werner inquired whether the University needed to be involved in the permitting process. Mr. Karpinos said that involvement by the University was not necessary until after the approval process.

Mr. Horton noted that the applicant was acting as an agent of the University.

Council Member Herzenberg expressed concern that only of the eleven remaining trees on the site would be fully protected during construction. He suggested that the Tree Protection Committee could possibly monitor construction activity at the site. Mr. Post responded that a tree protection plan had been composed to protect eleven of the thirteen trees on the site. Mr. Post said that there had been a recognition of varying safety zones for different types of trees.

He added that each of the eleven tree would be protected to some degree.

Council Member Herzenberg inquired whether the fraternity had adopted an anti-discrimination policy. Brad Bailey, representing the fraternity, said that the association's national constitution contained such a provision. Noting that the Planning Board had recommended that Class C standards for Prestwick Road/University Village roadway improvements, Council Member Rimer inquired about the width of a Class B roadway. Mr. Post said twenty feet. Council Member Rimer noted that the area's topography was relatively flat, allowing fifteen feet on each side of the road for shoulders and drainage ditches. Mr. Waldon stated that grading of swales would also be necessary. Council Member Rimer requested that appropriate street cross-section information be provided in the staff's follow-up report to the Council.

Council Member Andresen inquired whether the use of unpaved parking areas were being encouraged in this area. Mr. Waldon said no, noting that all heavily used parking areas should be paved.

Council Member Brown asked whether energy conservation and solar alternatives had been explored during the site planning process. Mr. Waldon said that an emphasis had been placed on building orientation to create an orderly arrangements of buildings along the roadway. Council Member Brown stressed the importance of encouraging energy consevation, particularly energy efficient lighting. Mr. Post stated that the building would be heavily insulated, with state of the art energy management techniques employed. Council Member Brown noted that several good local organizations were available to assist in determining energy efficiency and conservation for buildings.

Council Member Brown noted that the proposed number of parking spaces exceeded Town standards. Mr. Waldon stated that the applicant expressed the need for a few spaces beyond the minimum. Council Member Brown inquired about plans for recycling at the facility. Mr. Post responded that details had not been worked out, but recycling would be fully utilized. He also noted that three additional parking spaces were needed on the site for staff members at the fraternity house.

Concerning the statement of conditions of approval, Mr. Post reiterated his support of Resolution B, with the addition of a stipulation concerning the reinforcement of roadway shoulders.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY, AND RECESS THE HEARING TO MARCH 4TH. THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

Wendy's Restaurant SUP

Parties wishing to testify were sworn by the Clerk. Town Manager Horton requested that the agenda materials be entered into the record of the hearing. Mayor Howes concurred with the request.

Mr. Waldon stated that a three hundred square foot addition to an existing building was being requested. He showed a sketch of the site and surrounding roadways. Mr. Waldon noted that there was no room on the site for the provision of buffering and open space.

He noted that the staff was working with the applicant to add landscaped islands in the parking lot. Mr. Waldon stated that approval of the requested modification was recommended by the staff.

Joe Hakan, representing Wendy's International, complemented Mr. Horton and the Council for vast acoustic improvements in the Council Chamber. Mr. Hakan noted the need to add seating capacity at the restaurant, following the recent addition of a salad bar. He stated that Earl Simon was available to answer questions by the Council.

Mr. Simon stated that three hundred and ten square foot addition to the restaurant was being proposed. He noted that Wendy's International had agreed to install a sidewalk on Scarlett Drive.

He added that a non-conforming pylon sign on the site would be adjusted.

Planning Board Chairperson Bruce Guild said the Board had reviewed the request on February 5th. Mr. Guild said the Board had recommended approval of the request by a vote of 7-1, with the dissenter supporting the removal of additional parking spaces on the site.

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

Council Member Brown stressed the importance of solid waste management strategies. She inquired about plans for volume reduction. Town Manager Horton emphasized the staff's commitment to working with the applicant to develop a comprehensive solid waste management plan.

Council Member Rimer asked whether Scarlett Drive had curb and guttering in place. Mr. Simon said yes. Council Member Rimer inquired what percentage increase in floor area triggered Council review. Mr. Waldon said five percent. Council Member Andresen inquired whether the landscaped islands would be made from cement or some other material. Mr. Waldon said the cement curbed islands would contain plantings. He added that a painted and raised island was proposed at the rear of the site.

Council Member Herzenberg inquired whether it was possible to reduce the number of parking spaces on the site. Mr. Hakan responded that short-term parking was one of the greatest needs of this restaurant. He added that there was less parking on the site than had been originally approved. Council Member Werner said it was his experience that there was not enough parking currently on the site.

Mr. Hakan expressed the applicant's concurrence with the proposed conditions of approval.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE TOWN MANAGER AND ATTORNEY AND RECESS THE HEARING TO MARCH 4TH.

Gross Land Area DOTA

Mr. Waldon briefly reviewed the proposed amendment.

Planning Board Chairperson Bruce Guild said that the Board had found that an obvious technical correction was being requested. He stated that the proposed amendment had been unanimously recommended for approval.

Mr. Horton said his preliminary recommendation was the adoption of Resolution A.

Martin Feinstein said that the proposed amendment would remedy an existing technical mistake.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE TOWN MANAGER AND ATTORNEY, AND RECESS THE HEARING TO MARCH 4TH. THE MOTION WAS ADOPTED UNANIMOUSLY

(6-0).

Council Member Rimer inquired whether buffering concerns would be revisited by the Council in the future. Mr. Horton noted that an item was being drafted for the Council's consideration in the near future. Council Member Rimer also emphasized the importance of energy management relative to project design. Council Member Brown said that these matters were pertinent and relevant. Mr. Waldon noted that items such as energy management would be considered by the Design Review Board as applications went through the entire development review process.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADJOURN THE HEARING AND MOVE INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

No report followed the Executive Session.