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

TOWN OF CHAPEL HILL, MONDAY, OCTOBER 21, 1991 AT 7:30 P.M.

Mayor Howes called the meeting to order.

Council Members Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, Arthur Werner, and Roosevelt Wilkerson were in attendance. Council Member James C. Wallace was absent. 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, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Hearing on Special Use Permit Application for University Place

Planning Director Roger Waldon summarized the application from Robert Bradley for a Special Use Permit to construct multi-family dwellings on Clark Road. The site is just off Airport Road, with access via Longview Street and Clark Street.

Mr. Waldon said that the proposal consisted of a series of seven buildings, with access from Clark Road. He noted that three key issues have arisen in review of the project: (1) the parking requirements--the ordinance requires two spaces per dwelling unit, the applicant proposes three; (2) adequacy of sewer line serving the project--the line serving the site is the Bolin Creek Interceptor. OWASA says the line is adequate for the project; (3) steep slopes--there are a few areas of steep slopes on this site, the steepest part of the site will be preserved, but there has been discussion of preservation of other portions of the site which are steep.

Mr. Waldon said the application met existing standards, and the staff recommended approval of the request with stipulations.

Ed Holland, Research & Planning Administrator of OWASA, said there was more than enough capacity in the sewer system to accommodate the flow from this proposed project. He said that claims that Bolin Creek overflowed regularly had not been substantiated by testing recently run by OWASA after a 3 1/2" rainfall. Mr. Holland said that some overflow problems which have been experienced in the past have been corrected recently, and that OWASA's Capital Improvements Program and long-range plans included system changes to provide adequate capacity.

Robert Bradley, the applicant, said that his firm had looked for land with pedestrian and bicycle access to the university campus. He said the original proposal included eight buildings, but the application had been revised to include seven buildings. Mr. Bradley said original plans had called for four parking spaces per unit, but his firm had compromised with the Town and changed the application to three spaces per unit and bicycle lock-up facilities with racks. Mr. Bradley said the Design Review Board felt the original design did not fit Town's character, so he completely redesigned the buildings. Mr. Bradley noted that the project had received the unanimous approval of the Design Review Board. He said there was concern about extensive grading on the site, but the project had been phased to reduce this as much as possible. Mr. Bradley said the buildings would be located toward the center of the site as much as possible in order to keep buffer zones toward Airport Road and Bolin Creek as wide as possible.

Joe Hakan, project architect, said the site was fourteen acres with 6.9 acres untouched by grading. He said the number of buildings had been reduced from eight to seven, based on the request of the Design Review staff. Mr. Hakan said square footage of the buildings was lower than allowable by ordinance, and that the applicant had tried to exceed the design standards in each case.

Mr. Hakan said the trees were surveyed, and that most of the major trees would be left untouched in the buffer area. He said the applicant had made an effort to preserve the site. Mr. Hakan said

that the positioning of buildings had been changed to reduce their visibility from Airport Road.

Mr. Hakan said there was a recreational open space maintained in the middle of the site with an option for installing a pool. He also stated there would be a drive-by central post office carousel.

Mr. Hakan said the applicant would have to install sidewalk and curb and gutter from the site to Airport Road. He said a subterranean trash compactor would be installed on the site, and six recycling bins would be located in this area. Mr. Hakan said the project would not alter the level of service for traffic on adjacent streets.

Mr. Hakan said there would be two hundred feet from any building on the site to the center of Bolin Creek and 350 feet to the nearest house. He said that from the parking lots on the site the buildings look like 2-story buildings. Mr. Hakan also said that shade trees would be planted on the south side of the buildings.

Mr. Hakan submitted, as a matter of record, all board and commission recommendations set forth in the memorandum to Council. He stated that the applicant agreed to the Manager's preliminary recommendation for adoption of Resolution A. He also requested that the statement of justification and four findings of fact also be entered into the record of the hearing.

Mr. Hakan said the first phase of the project would be tied into the Airport Road sewer line.

Mr. Bradley said the proposed units would be condominiums designed for student housing, and that one of the criteria for site selection was to select a site in or near other student housing. He said there would be a homeowners' association, which would police the area every day.

Council Member Herzenberg requested a clarification of sewer service for the first phase. Mr. Hakan said the first phase would run by gravity to the Airport Road sewer line. Council Member Andresen said she thought the Airport Road line connected to the Bolin Creek sewer line. Mr. Hakan said this was correct. Council Member Andresen asked how flat the land was where the buildings would be built. Planning Director Roger Waldon said he would provide this information to the Council in the future. Council Member Andresen asked which buildings were on the steeper portion of the site. Mr. Waldon pointed out two buildings in Phase two.

Council Member Andresen inquired about the location of detention basins. Mr. Hakan said the Town had recommended no retention ponds, adding that flows were detained by the slope of the parking lots, before flowing into Bolin Creek.

Dan Jewell, project landscape architect, said that the project would disturb less than half the trees on the site.

Council Member Andresen suggested that the Council receive a report from OWASA outlining when general improvements would be made to the Bolin Creek line.

Marianna Chambless, Planning Board Vice-Chairperson, presented the Planning Board's recommendation on the project:

1. Number of parking spaces Most members believed that four parking spaces per 4-bedroom unit would be appropriate for this development. They believed that each resident would need to store one automobile on the site. However, some of the dissenting members strongly felt that a ratio of 3 or fewer parking spaces per dwelling unit would be more appropriate, and would act as incentive for residents' use of alternate forms of transportation.

2. Height of Building 3W and 4W Several members expressed concern that even with the proposed buffers, these two buildings would be visible from the Bolin Creek Greenway and from neighborhoods to the north. Other members had serious reservations about limiting the height of the proposed buildings to below the height allowed by the Development Ordinance.

3. Overall scale and intensity of the development Several members believed the proposed development was too large and dense for the neighborhood and for the topography on the site.

4. Limiting the number of residents within the development The Board is concerned that the number of residents might exceed the intended capacity of the development. It was noted that the Town has no regulations limiting the number of residents per condominium unit. Members agreed it would be wise to investigate ways of limiting occupancy in this project, and to, in the future, propose an ordinance to regulate condominium occupancy for condominium units generally.

5. Road improvements on North Columbia Street Planning Board members note the current condition of the northern end of North Columbia Street (narrow pavement, no curb and gutter, no sidewalk). Some felt that the Town should construct sidewalk here, at a minimum, and suggest the Town move this area up in the Capital Improvements Program priority list for sidewalks.

6. Bolin Creek Sewer The Board members noted their concern about the sewer line problems, but concluded the issue is beyond their purview. They asked the staff to include the appropriate state agency in the stipulation regarding review and approval of the proposed sewer line connection with the Bolin Creek interceptor.

During the discussion of the development proposal, members of the Planning Board made the following suggestions: a. That parking be provided near the mail kiosk; b. That bike racks be sheltered by materials other than fabric awnings; c. That HVAC units at the ends of the buildings be screened with architectural materials as well as landscaping.

The Planning Board voted 6-4 to approve the application with conditions. Dissenters expressed their dissatisfaction with the proposed scale and density of the development, the 4:1 parking ratio (favored by the majority of the Planning Board), and encroachment on the steep slopes.

Ms. Chambless said the Planning Board recommendation (Resolution B) differed from the preliminary staff recommendation (Resolution A) on two points. The Planning Board recommended a ratio of four parking spaces per dwelling unit, and limiting the height of Buildings 3W and 4W to 2½ stories.

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

Joe Capowski said he and his neighbors had a year's experience living in a neighborhood occupied by students. He said there were many cars parked in front of the student houses in his neighborhood. Mr. Capowski said he believed that the number of cars at University Place would exceed the number of available parking spaces. He requested that the Council vote against the proposal.

Estelle Mabry, representing the Alliance of Neighborhoods, and a resident of the Northside neighborhood, said the University Place development was unwanted, and would be destructive to the Northside neighborhood. She said the Alliance of Neighborhoods would continue to oppose the proposed development.

Ms. Mabry said the proposed development would adversely impact the Northside neighborhood conservation district. Ms. Mabry said she believed that once the units in the development were sold, none of the representatives would have anything to do with the conduct of its residents nor the upkeep of the property.

Ms. Mabry showed photographs of projects Mr. Bradley developed in Charlotte and Blacksburg, Virginia. She pointed out that these projects were not well-maintained, as denoted in the photographs.

Ms. Mabry said she believed that University Place would not be maintained any better than other similar projects. Ms. Mabry said both the Alliance of Neighborhoods and the Northside neighborhood requested that the Council oppose the project and consider the site as a possible greenway.

Sue Goodman said the Town had declared the Northside neighborhood to be a conservation district. She said University Place would house approximately 400 students and their cars. She said bicyclists and pedestrians would not choose the steep Airport Road route when they could use the flatter Northside area. Ms. Goodman said a project of this magnitude would impinge on the Northside neighborhood. She said the town needed moderately-priced single-family housing. Ms. Goodman requested that the Council not approve the proposal.

R. D. Smith said it was unfair to compare this project with one located across Airport Road. Mr. Smith said the majority of the cars from the complex would come through the Northside neighborhood. He noted the location of housing for the elderly in the immediate area. Mr. Smith said higher traffic volumes produced by the project would adversely impact local residents. He expressed concern that disturbances on the site would result in soil erosion.

Oliver Smithies said he objected to the project. Mr. Smithies said the two buildings on the steepest slope would detract from the Bolin Creek greenway and would decrease the value of area properties. He requested that the Council oppose the project, or approve it without buildings 3W and 4W.

Thomas Gunn said he had conducted traffic counts in the area. Mr. Gunn said he felt that the applicant's traffic counts were inaccurate. He requested that his letter to Planning Director Roger Waldon be entered into the record of the hearing. Mr. Gunn said approximately 52% of car drivers, 82% of pedestrians, and 100% of the bicyclists in the area used the Northside area to reach Town or University campus, rather than using Airport Road. He said University Place would increase area traffic three-fold. Mr. Gunn requested that excerpts from the ITE Traffic Manual be entered into the record of the hearing. He presented the Clerk with a copy of the document. Mr. Gunn requested that the Council deny the request.

Ruby Sinreich requested that the Council deny the request. She said additional off-campus student housing was not needed. Ms. Sinreich stated that cutting down trees would ruin the ecosystem of Bolin Creek. She added that University Gardens apartments, alluded to by the developer as student housing was not primarily occupied by student tenants.

Finis Dunaway said more parking was needed for students, however the proposed project would not address the parking problem. He requested that the special use permit request be denied.

Lightning Brown said that Mr. Holland's statement proporting to assure the safety of the project did not provide adequate assurances. Mr. Brown said there were too many qualifications in the OWASA statement. He added that the proposal would violate Section 5.6(g)iii of the Resource Conservation District Ordinance. Mr. Brown requested that a condition of approval be added calling for compliance with this section. He said that periodic overflows of the Bolin Creek Interceptor indicated lack of capacity.

Mr. Brown said that the Bolin Creek interceptor overflowed routinely, despite OWASA's account of recent events. He said that OWASA would certify the safety of the project only if the North Carolina Division of Environmental Management (DEM) did likewise. Mr. Brown said he requested that DEM evaluate the proposed project, but DEM had not examined the information which had been presented to the Town about the project. He requested that DEM certify the condition of the lines after holding a public hearing in Chapel Hill.

Mr. Brown said the Bolin Creek line lacked capacity. He requested that OWASA's Annual Report be entered into the record of the hearing. Mr. Brown noted that the report indicated that infiltration exceeded design standards of the system by 13%. He entered into the record a letter from OWASA and DEM stating that OWASA's wastewater system was over capacity, and flow exceeded the permit for the entire OWASA wastewater system. Mr. Brown submitted a videotape into evidence. The videotape depicted conditions along the Bolin Creek interceptor and trail between Airport Road and Franklin Street. Mr. Brown said the physical evidence of these overflows of the Bolin Creek sewer lines could not be dismissed.

Mr. Brown requested that several OWASA documents be entered into the record of the hearing. Copies of the documents are on file in the Town Clerk's Office. Mr. Brown requested that the Council consider his evidence as part of their decision-making process.

Mr. Clifford Brock said the access point into the project was on the curve of Clark Road, a steep slope with a double blind exit.

He said this situation would pose a hazard to area residents.

Susan Comfort said there was no need for additional student housing. She said only 87% of the dormitory accomodations were currently utilized. Ms. Comfort requested that the Council oppose the project.

Manama Sirisena said the University Place project would destroy the beauty of the area.

Jessica Green, a member of the Student Environmental Action Coalition, said additional cars in the area would negatively affect the neighborhood, as would the removal of trees.

Nancy Golden said the proposed site area was a forest. She said the proposed project would destroy the area. Ms. Golden requested that the Council oppose the project.

Timothy Toony said streets through the area were weak, inadequate as they currently exist. Mr. Toony said the project would add vehicles to area roadways. He stated the Longview Drive was not wide enough for two vehicles under certain conditions. Mr. Toony said that additional traffic would worsen this situation. He expressed concern that the safety of area pedestrians would be impacted by additional traffic from the proposed project. Mr. Toony said the topography of the area was highly contoured, creating high volumes of runoff, regardless how parking needs were addressed. He requested that the Council oppose the project.

Alan Snavely entered two items into the record of the hearing. He said the applicant's traffic analysis was based on the number of housing units in the proposed project. He said that if more realistic equations were used, the projected number of automobiles rose to over 1,000 cars. Mr. Snavely said that a letter from the Town of Blacksburg, Virginia indicated that a Bradley Company development in that community produced many more vehicle trips than the developer had initially projected. He said that the health, safety and welfare would not be preserved by the project.

Cherilyn Ensly said she opposed the project. She said bicycling in the area was already dangerous and the project would likely worsen the situation. She said noise from Umstead Park and the pool at University Gardens was already loud. Ms. Ensly said adding up to four hundred new residents to the area would have a significant impact.

Bob Joesting said the site was used as part of the argument to include the area as part of the Northside Conservation District. He said it would be most appropriate that the five or so buildable acres be zoned R-2 or R-3 with the balance of the site being used by the Town as open space. Mr. Joesting said that adding 400 bedrooms did not mean adding only 400 people. He said it was not possible to enforce a restriction on the number of people allowed per bedroom. Mr. Joesting said it would be more realistic to say there would be 500 to 700 projected residents, most of whom would have cars to park and drive in the area. He requested that the Council deny the project.

June Foushee said she owned property in the neighborhood. Ms. Foushee said she would not object to the project if it would enhance the neighborhood. She said the residents could already smell the effluent from the sewer lines in the area, and the lines could not hold more.

Chris Bauman submitted a letter from Warren Faircloth, the Orange County Erosion Control Officer, regarding the University Place proposal, dated July 29, 1991. Mr. Bauman said the Comprehensive Plan strongly discourages disturbance of steep slopes. He requested that the Council require meaningful erosion control plans before approving the request.

Sarah Davis said she represented a significant body of students who opposed the University Place proposal.

Paul Whetstone challenged the assumption that the neighborhood was primarily occupied by student residents. He said development had deteriorated the neighborhood's condition. Mr. Whetstone said the project would cause traffic congestion in the area. He said open space was important. Mr. Whetstone also said noise pollution from this proposed project would affect his profession. Mr. Whetstone requested that the Council oppose the project.

Lana Watkins said University Place would affect the quality of life in the neighborhood relative to slopes. She said the slopes create a natural amphitheater, and the noise level would increase significantly.

Paul Munson said he opposed the project because it would deteriorate the quality of his life and adversely impact the character of the community.

Eric Plow said that if the 75% rule had been used for University Gardens, that project would have had 144 parking spaces. He said University Gardens has 175 spaces and still has a parking problem on the site. He said there was no way to enforce how many people live in each unit. Mr. Plow said he objected to stipulation #26, and felt it was extortion to require the homeowners' association to purchase one bus pass per dwelling unit. He said this was proof that the Town was saying that people must be made to buy bus passes because they'd rather drive their own vehicles.

Maria Oyaski entered the current Chapel Hill Transit bus schedule into the record of the hearing. Ms. Oyaski said people who were making the rules didn't seem to know about the area. She said few people ride bicycles on the bike path along Airport Road. Ms. Oyaski said bus service in the area was not adequate. She said that discouraging car use and discouraging car ownership were not the same thing. Ms. Oyaski asked that her letter be entered into the record of the hearing. She also requested that the Council not approve the project.

Julie Locascio said that the project would be marketed to parents of students, meaning that some landlords would be absentee. She said the Town needed additional affordable single-family housing.

Janet Tice said she did not want to live with the problems of University Place. Ms. Tice said the traffic would be a problem, and the removal of trees would considerably change the open space of the area. She said the project was strongly objected to by several neighborhoods, and strongly urged the council not to approve the request.

Ed Tostanoski said the landscape plan showed many large trees on the site, but these will be newly-planted at the completion of the project. He said it would take many years to grow them to be the size shown on the project plan. Mr. Tostanoski said the proposed project may be allowed within the zoning regulations, but did not fit into the community.

Colin Hall said sewerage was still leaking in the area. He said his property has been eroded by Bolin Creek by about six feet, and if there was additional erosion, many trees would be lost. He expressed concern that the proposed project would cause additional erosion.

Grainger Barrett said erosion and steep slopes were problematic. He said no one had any idea whether stormwater could be adequately handled for this project. Mr. Barrett said that the Town's Comprehensive Plan defines critical features and slopes over 25% should be preserved. He said the project would be built on a site with 35% slope.

Michael Hammersley said that since Mr. Faircloth wrote his July letter, the developer had come up with ways to handle these concerns. He said a preliminary stormwater management plan had been submitted to the Town.

Mike Horn, of Kimberly Horn and Associates, said that placing the entrance to University Place in the curve of Clark Road would actually provide the best sight distance and would be adequate when some of the vegetation was cleared in the area.

Mr. Hakan said that detaining runoff would keep the runoff from causing any more impact than the existing situation. Council Member Rimer said there would be additional water coming off the site because of greater impervious surface. He said the rate of runoff must be less, and that detaining runoff from the site would address that issue.

Mr. Bradley said that the Blacksburg project was built in 1988 and the site was further away from campus, encouraging residents to drive their cars. He said the Blacksburg project didn't equate to the proposed project. Mr. Bradley said students like to live in their own off-campus units because they are an improvement over on-campus dormitories.

Council Member Preston inquired about the vacancy rate of apartments in other complexes in the town. Council Member Preston expressed concern about erosion control on the site. Council Member Preston said she would like to know how one hundred more parking spaces would affect the site and how they would be placed in the plan. Council Member Preston said she was not satisfied with what OWASA had told the Council about the existing sewer situation. Council Member Preston said she was uncertain how a student homeowners' association would operate.

Council Member Wilkerson asked about the correlation between the Northside Neighborhood Conservation District and the impacts of the proposed development. Council Member Wilkerson said he was concerned about the sewer issue. He requested clarification of the sewer matter by an outside source.

Council Member Brown requested a clarification in writing from Mr. Faircloth. She also requested that all the documents submitted tonight be submitted to the Council in the agenda packet when the item returned for Council consideration.

Council Member Andresen said she was interested in the time at which OWASA would need to build a new sewer treatment plant. She requested additional information on this matter.

Council Member Werner said he did not understand how stormwater on the property would be managed. He said there are fairly severe slopes on the site. Council Member Werner said he was concerned that there could be a lot of flooding from this project as proposed. He requested details for the proposed stormwater management plan.

Council Member Herzenberg asked when the item would come back before Council. Town Manager Horton said if the Council wanted a detailed stormwater management plan, it might return after November 25.

Council Member Preston asked whether the project would be viable if buildings 3W and 4W were eliminated.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO RECESS THE HEARING UNTIL NOVEMBER 25. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Proposed Development Ordinance Text Amendment

Concerning Construction Time Limits and Thresholds

Planning Director Roger Waldon said this ordinance would change the number of times the Manager could extend time limits on a development proposal.

Marianna Chambless, Planning Board Vice-Chair, said the Planning Board agreed with the staff's recommendation, except for the starting-time limit for special use permits, the number of extensions for completion-time limits for a special use permit, and the number of starting-time limits for site plan approvals.

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

There were no citizen comments.

Council Member Andresen inquired about the size of expansions the Manager could approve. Mr. Waldon said the recommendation was to allow the Manager to approve expansions up to a 2500 square-foot increase in current floor area. Mr. Waldon pointed out that the language permitted the Manager to bring the request to the Council if he desired.

Council Member Andresen asked if neighbors would be notified when administrative action was taken. Mr. Waldon said no, noting that the same notifications limits would apply.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO RECESS THE PUBLIC HEARING TO NOVEMBER 13. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Hearing on Zoning of an Area on Smith Level Road

Mr. Waldon said the staff was recommending that this area be zoned R-2, which is identical to the area surrounding it.

There were no citizen comments.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO RECESS THIS HEARING TO NOVEMBER 13. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Hearing on Request To Close

Unimproved Portion of Dawes Street Right-Of-Way

Mike Taylor, of the Town's Engineering Department, said the right-of-way on the south end of Dawes street was created with the development of Forest Hills subdivision. He said the request was to combine lots and close the right-of-way.

John McCormick, property owner, said that the North Carolina Department of Transportation had purchased a portion of his subdivision for Dawes Street right-of-way.

Mr. Horton said his preliminary recommendation was to adopt resolution A, closing the right-of-way.

There were no citizen comments.

Council Member Herzenberg noted that Dawes street had been named for former United States Vice-President Dawes.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO RECESS THIS HEARING TO NOVEMBER 13. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The hearing stood adjourned at 11:03 p.m.