MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, APRIL 15, 1991 AT 7:30 P.M.

Mayor Howes called the proceedings to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, James C. Wallace and Arthur Werner. Council Member Wilkerson was absent excused. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Alpha Delta Pi Sorority Request for Conditional Use Rezoning

Town Manager Horton requested that agenda materials for the agenda item be entered into the record. Mayor Howes concurred. Planning Director Roger Waldon said that none of the three conditions (manifest error, changing conditions or promoting purposes of the Comprehensive Plan) had been met by the rezoning application. He reviewed a site plan and surrounding uses, noting that zoning in the area had been in place for a number of years. Mr. Waldon stated that conditions in the area were quite stable, as a well-established, low-density neighborhood. He added that the staff's preliminary recommendation was denial of the conditional use rezoning request.

Faye Culpepper, the applicant's representative, requested that Council Member Preston be excused from voting on the request for conditional use rezoning. Ms. Culpepper said her request was based on the fact that the Council Member was a resident of the neighborhood. She added that Council Member Preston had allegedly held a neighborhood association meeting at her home, where the association had recommended denial of the rezoning request. Town Attorney Karpinos said he would respond with a memorandum to the Mayor and Council on this matter.

Ms. Culpepper said that Alpha Delta Pi sorority was requesting the rezoning of 506 East Rosemary Street on the basis of changing conditions in the area. She stated that the present zoning demarcation line for sororities had been made in 1955. Ms. Culopepper said dthe sorority had outgrown the space allotted in the Town's existing zoning regulations. She requested that the Council consider granting rezoning for sororities on an individual need basis. Ms. Culpepper noted that it was not possible for the sorority to expand to the east, north or south of its current property, and the existing fraternity house to the west had no desire to sell its house.

Ms. Culpepper expressed concern that present zoning regulations were unfair to sororities, since there had been a number of changes in conditions since enactment of zoning categories in 1955. She emphasized the need for students to live within walking distance of the University campus, in nice surroundings and at reasonable prices. Ms. Culpepper said that most families chose not to live in the Franklin or Rosemary Street areas adjoining the campus, due to traffic and related considerations.

Ms. Culpepper said that tenancy along East Rosemary Street was primarily by renters or students. She added that rental properties were also located on East Franklin and North Streets. Ms. Culpepper said that no changes were proposed for the exterior or landscaping of the subject property. She added that the property would be properly maintained consistent with the existing neighborhood.

Ms. Culpepper briefly reviewed her keypoints, noting that existing regulations were unfair and unreasonable, and the conditions of the neighborhood had changed significantly since 1955. Ms. Culpepper added that the Council was not setting a precedent by granting the rezoning request. She stated that the request appeared to have the character of a multi-family request, rather than commercial, as designated in Town zoning regulations. Ms. Culpepper stated that if the rezoning were approved by the Council, the sorority was willing to negotiate some proposed conditions of approval.

Planning Board Chairperson Bruce Guild stated that the application had been considered by the Board on April 2nd. He noted that the Board had recommended denial of the application by a vote of 6-2. Mr. Guild said that the special use permit application had not been considered, since denial of the rezoning was being recommended to the Council.

Town Manager Horton said his preliminary recommendation to the Council was denial of the conditional use rezoning application.

Randall Roden, 501 East Franklin Street, said he lived contiguous to the subject property. Mr. Roden said that a number of his neighbors would make present evidence and information showing that none of the three criteria for rezoning had been met.

Hawley Oaks, President of the East Franklin Neighborhood Association, said the purpose of the association was to be aware of important issues affecting the neighborhood's character. Mr. Oaks noted that the association was unanimously opposed to the proposed rezoning, due to its potential future impacts on the

neighborhood. He added that the neighborhood association felt that high-density uses should remain within their established zoning boundaries. Mr. Oakes said the association urged the Council to deny the request for rezoning.

Ms. Scroggs said she was speaking in strong opposition to rezoning for sorority and fraternity houses. She noted that previous Councils had denied two similar rezoning requests. Ms. Scroggs urged the Council to preserve the unique character of the historic district neighborhood.

Claire Baum, President of the Chapel Hill Preservation Society, said the society's objective was to protect and preserve historic buildings in the Town. Ms. Baum noted the importance of maintaining current residential zoning in the historic neighborhood, as a preservation tool. She requested the Council's assistance in preserving the area's heritage.

Anne Dellinger stressed the precedential value of the rezoning application. Noting that a similar rezoning request had been denied twelve years ago, Ms. Dellinger said that Alpha Delta Pi had taken a chance in purchasing the subject property. She added that if the proposal were approved, she believed that there would be another application of this type within six months.

Ms. Dellinger said that future expansions would likely follow rezoning approval, since the applicant was requesting rezoning of two parcels for housing of up to one hundred sorority members.

Ms. Dellinger expressed concern that there would be no basis for denying future sorority and fraternity rezoning requests, in the event that the current zoning demarcation line were moved.

Kristen Prior, 512 East Rosemary Street, handed out several tax maps and related documents to the Council. Ms. Prior noted that her house was located one hundred feet from the subject property. She stated that the neighborhood embodied the spirit of the Town.

Ms. Prior also noted that the three of the oldest houses, and eleven of ninteen historic register listed homes in the Town were located in the neighborhood. Ms. Prior said the neighborhood was the home to many families. She noted that many families had made extensive improvements to their homes. Ms. Prior said that neighborhood residents lived in the heart of Town, surrounded by the heritage of the entire community. She requested that the Council consider the needs of neighborhoods and community in recommending denial of the rezoning request.

Milton Heath, 504-A North Street, noted that he lived behind the present Alpha Delta Pi sorority house. Mr. Heath said that families with small children enjoyed the neighborhood's unique character. He added that the only real change in the neighborhood in the past sixty years was the paving of roadways. Mr. Heath said that the sorority was a fine one, but the request for rezoning should be denied, since the neighborhood could not sustain leapfrog zoning.

Tom Nuzum stated that there had been few chances in the neighborhood during his fifteen years of residence. Mr. Nuzum also briefly read excerpts from newspaper accounts of recent fraternity and sorority parties. He expressed concern that a sorority might initially occupy the house and subsequently sell it to a fraternity. Town Attorney Karpinos noted that conditional use rezoning would that a special use permit be issued for each subsequent owner of a property.

Randall Roden said that if the sorority chose to sell to a fraternity, there was no legal basis to deny a new special use permit on any basis. Mr. Roden said that rezoning of individual properties was not legally permissible, since conditions in the area had not changed significantly.

Mary Sutherland, House Director for Alpha Delta Pi sorority, said she had been privileged to live at the house for the past twelve years. She said that members of the sorority were mature, responsible women. Ms. Sutherland said the sorority's request was a minor one. She expressed her appreciation for the Council's consideration of the request.

Lisa Permar said that the Alpha Delta Pi house was a very quite sorority, with parties prohibited on the premises. Ms. Permar noted that residential rezoning for the Delta Zeta sorority had been granted by the Council in May, 1989. She noted that the sorority would maintain the charm and dignity of the new property. Ms. Permar urged the Council to grant the sorority's rezoning request.

Sally Sather, 206 Boundary Street, noted that this evening's appearance was her fourth before the Council in the last two years, to request the Council's continued protection of the character of her neighborhood. Ms. Sather requested that the Council send a clear message about the historical heritage and character of the neighborhood.

Jennifer Lloyd, a freshman and member of Alpha Delta Pi, said the sorority was not trying to intrude in the community. She added that the sorority would be very good residents and neighbors.

Jim Eder, a resident of North Street, said that although Alpha Delta Pi was the best sorority in the Town, he requested that the Council deny the rezoning request.

Kathleen Keeran said it desirable to have as many housing alternatives convenient to the campus. She requested that the Council approve the rezoning application.

Council Member Preston inquired about the requirements for protest petitions. Town Attorney Karpinos responded that the sufficiency of such petitions was determined by Planning staff. He noted that a legally sufficient petition would require seven, rather than five, Council votes to approve a conditional use rezoning.

Anne Dellinger noted that she had filed a protest petition for the Alpha Delta Pi Rezoning application with the Town on November 5, 1990. Ms. Dellinger noted that nine of eleven properties within the statutory limit had signed the protest petition. Town Attorney Karpinos staed that no ruling had yet been made concerning the adequacy of the petition. Council Member Preston noted that the staff would investigate the adequacy of the petition prior to the Council's vote on the matter.

Council Member Preston requested that the staff provide additional information concerning access to the subject property from Dr. Clark's adjacent driveway. Council Member Preston also noted that the Delta Zeta sorority was located next to a densely zoned apartment complex.

Council Member Werner requested a summary of property ownership in the area by renters and owners. Town Manager Horton said the staff would make their best efforts to compile this information. Noting that there did not appear to be general support for the rezoning, Council Member Rimer suggested that the rezoning request might be assessed in a broader focus in the future.

Council Member Wallace stressed the need for prompt follow-up on the results of the protest petition submitted by Ms. Dellinger. Mayor Howes said that the results of the petition would be communicated to all interested parties.

Council Member Herzenberg, responding to Ms. Permar's earlier remarks, said he had observed cars owned by Alpha Delta Pi sorority members parked on the sidewalk.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER COMMENTS TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Alpha Delta Pi Special Use Permit Request

Persons wishing to testify in the matter were sworn by the Town Clerk. Town Manager Horton requested entry of agenda materials into the record of the hearing. Mayor Howes concurred.

Planning Director Roger Waldon noted that if the rezoning request were denied, the special use permit application would be moot.

Mr. Waldon briefly reviewed a map of the area and the application. He noted that the existing parking area would need to be reconfigured to accommodate a larger number of residents at the house. Mr. Waldon added that there was no written agreement concerning access to the site from Franklin Street. He stated that there were two options for buffering of the property: waiving the requirements or requiring an alternate buffer to meet existing screening requirements. Mr. Waldon said the staff's preliminary recommendation was to deny the request for a special use permit.

Ms. Culpepper said her remarks fron the conditional use rezoning hearing applied to the special use permit application.

Diana Wallace, President of the local Alpha Delta Pi Sorority alumni chapter. Ms. Wallace said that Dr. Park did not favor the rezoning request, but would be willing to share access to the driveway in the event that rezoning was approved. Ms. Wallace added that parking arrangements could possibly be made with the existing Alpha Delta Pi sorority house. She added that the sorority did not desire to have a dumpster on the site, since no meals would be served at the new house. Ms. Wallace noted that a front lot on East Franklin Street offered buffering along the rear of the property.

Planning Board Chairperson Bruce Guild said the special use permit request had not been considered by the Board, since denial of the rezoning was recommended. He noted that the Board reserved the right to consider the application, if directed by the Council.

Town Manager Horton said his preliminary recommendation was denial of the special use permit application.

Ms. Sutherland, Ms. Permar, Ms. Lloyd and Ms. Kennard said there comments from the conditional use rezoning also applied to the special use permit matter.

Mr. Roden noted that the Historic District Commission had voted unanimously to recommend denial of the Alpha Delta Pi request.

The following persons noted that their comments from the conditional use rezoning also pertained to the special use permit application: Claire Baum. Anne Dellinger, Milton Heath, Mary Scroggs, Kristen Prior, Tom Nuzum and Hawley Oaks.

Ms. Nuzum said it was important for the Council to reinforce the message that family-oriented neighborhoods should not be disturbed.

Ms. Nuzum stated that the neighborhood existed in a fragile state of equilibrium.

Council Member Werner inquired about the difference between the sorority's request and an application for a rooming house. Town Attorney Karpinos responded that the two uses were delineated in the development ordinance as two distinct uses. Council Member Werner said the requested use appeared to be a form of a rooming house. Town Attorney Karpinos noted that the ordinance contained specific language applying to sorority house uses. Town Manager Horton said the staff could provide an overview of definitional standards in its follow-up report to the Council.

Council Member Werner asked whether romming houses were permitted in an R-2 zoning district. Mr. Karpinos said they were not. Council Member Andresen requested specifics concerning the number of parking spaces required and provided. Mr. Horton said additional information would be provided to the Council in the staff's follow-up report. Council Member Herzenberg asked whether there would be a kitchen in the proposed house. Ms. Culpepper said no, noting that the house would have a living room, bedrooms and a study converted from the existing kitchen.

Ms. Culpepper said that the applicant agreed to some of the proposed conditions of approval, but wished to negotiate on matters such as the dumpster, handicapped parking spaces and other matters. Mayor Howes inquired whether Ms. Culpepper's desire to negotiate conditions was legally adequate. Mr. Karpinos said that if the Council chose to consider the special use permit as recommended, the staff could negotiate conditions of approval with the applicant.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER PRESTON TO ADJOURN THE HEARING, REFER COMMENTS TO THE MANAGER, AND CONSIDER THE MATTER AT ITS MAY 13TH MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Herzenberg noted that he and Council Member Brown had been non-participant observers at the party referred to by Dr. Nuzum in his earlier remarks.

Eastowne 600 Special Use Permit

Planning Director Roger Waldon said the staff recommended approval of the applicant's request.

Planning Board Chairperson Bruce Guild said the Board had unanimously recommended approval of the applicant's request.

Council Member Werner said he hoped that existing procedures could be modified so that requests of this type could be handled administratively.

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

Dixie Drive Paving Petition

Town Manager Horton said he recommended acceptance of the presented materials and referral of the item for Council consideration at the May 13th meeting.

There were no questions by members of the Council.

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