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

  THE TOWN OF CHAPEL HILL, MONDAY, JUNE 15, 1992 AT 7:30 P.M.

 

Mayor Broun called the hearing to order.  Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Arthur Werner and Roosevelt Wilkerson, Jr.  Council Member Alan Rimer was absent.  Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Manager Florentine Miller and Town Attorney Ralph Karpinos.

 

 

Item 1  Movies at Timberlyne SUP Request

 

Planning Director Roger Waldon presented an overview of the application.  He noted that access to the site would be from Weaver Dairy Road and Banks Drive.  Mr. Waldon said the building would contain six theaters with a total of 1,350 seats.  He added that a majority of parking for the theaters would be provided at the adjoining Timberlyne Shopping Center.  Mr. Waldon stated that the Manager's preliminary recommendation included two-way, rather than one-way circulation in the parking lot, as proposed by the applicant.  He noted that the Planning Board recommended angled parking with one-way circulation. 

 

Council Member Andresen inquired about the impact of additional shopping center buildout on available parking.  Mr. Waldon said that no additional parking demands were anticipated at the shopping center.  Council Member Andresen requested more precise calculations concerning parking in the staff's follow-up report to the Council.  Council Member Wilkerson noted that double parking and parking in fire lanes occurred near the Chelsea Theater in the shopping center.  Council Member Brown said she strongly supported the inclusion of bicycle racks, as proposed by the Transportation Board.  Mr. Waldon said this was a good idea.  Council Member Werner inquired about the impact of additional traffic on the intersection of NC 86 and Westminster Drive.  Mr. Waldon said additional information could be provided in the staff's follow-up report.  Council Member Capowski asked whether one parking space per four theater seats was realistic.  He also inquired how parking lot lighting would be handled to address the concerns of residential neighbors.  Mr. Waldon said the applicant could best respond to these questions.

 

Mark Zack, project architect, said the building drew on the influences of existing buildings in the adjoining center.  Council Member Capowski asked whether advertising signs would be proposed on Weaver Dairy Road.  Mr. Zack said no.  He added that a sign would only be on the building itself.  Council Member Andresen inquired about the applicant's rationale concerning one-way traffic circulation.  Mr. Zack said this would allow people to concentrate on finding parking spaces.

Mayor Broun inquired about the proposed number of parking spaces relative to the size of the theater.  Ira Meiselman, President of Eastern Federal Corporation, said he was very concerned about providing adequate parking.  He stated that the standard for parking theaters in the southeast was to provide one space per four seats.  Mr. Meiselman said parking needs were countercyclical, with most theater operations taking place at night.  Mr. Meiselman said he was comfortable that adequate parking was proposed.  Council Member Andresen inquired what types of movies would be shown at the theater.  Mr. Meiselman said the theater would feature conventional mainstream and family films.

 

Council Member Capowski complemented the applicant for working with neighbors of the proposed project.  He inquired about assumptions used for the net and gross land area.  Michael Hammersley said the calculations included the parking spaces at the Timberlyne Shopping Center parking lot.  Mr. Waldon stated that the shopping center had excess parking and floor area on the site.  Council Member Werner inquired about preventing parking on Westminster Drive.  Mr. Horton said it would be necessary to consult with the Police Department on this matter.  Mayor Broun inquired about possible parking problems at peak hours.  Mr. Meiselman said this had been discussed with Food Lion representatives, who had noted that some congestion might occur on Friday evenings.  Mayor Broun inquired about proposed crosswalks to the theater.  Mr. Hammersley and Mr. Meiselman briefly reviewed crosswalk plans.  Council Member Werner inquired about sidewalk requirements on Westminster Drive.  Mr. Meiselman said the staff was recommending such a requirement.  He added that staff was also recommending a cross-easement document concerning parking.  Mr. Meiselman requested that the document not be required until all permitting was completed.

 

Martin Rody, representing Planning Board, said the Board had recommended adoption of Resolution B.  He stated that the Board had a variety of concerns including one-way circulation and ninety-degree angle parking.  Mr. Rody added that larger landscaping strips could be included in the parking lot.  He noted that the Planning Board felt a sidewalk was needed at the northern part of the building.  Mr. Rody noted that the Planning Board concurred that the cross-easement document referred to by Mr. Meiselman should be tied to the certificate of occupancy rather than the zoning compliance permit.  He also stated that one Planning Board member had disagreed with the Board's recommendation concerning parking.  Council Member Herzenberg said it was healthy to have differences of opinion on advisory boards.  Mr. Horton said his preliminary recommendation was adoption of Resolution A.  Mayor Broun requested that a letter from Bruce Stone be entered into the hearing record.  A copy of Mr. Stone's letter is on file in the Clerk's Office.

 

Dave Handfinger said that the proposed project showed that the community could work hand-in-hand with the developer.  Mr. Handfinger indicated that many of his neighbors favored the proposed project.  Mr. Handfinger said he was excited about the proposed addition to the shopping center.  He added that restaurants in Timberlyne Shopping Center would likely receive additional patrons from the movie theater.

 

Tom Peterson, one of the owners of Bud and Eb's Grill at Timberlyne Shopping Center, said he realized that the development process was long and involved.  He expressed concern that fire lanes at the shopping center were often misused.  Mr. Peterson said although he appreciated the potential for additional business, he was concerned about increased traffic and the proposal for shared parking. 

 

Edward Siebert, a member of the  Orange County Economic Development Commission, said he heartily favored the proposed project, since it would keep tax dollars in the Town.

 

Charlie Zimmerli, 122 Blackcherry Lane, said he favored open communication between developers and neighborhood residents.

He noted that residents of the Timberlyne, Carol Woods and Kensington neighborhoods had participated in meetings with West Chase Development representatives.

 

Gregg Sandreuter, representing West Chase Development, said the proposed project complemented existing family-oriented businesses at Timberlyne Shopping Center.  Mr. Sandreuter also said the building would be a good fit architecturally and aesthetically.

He thanked neighborhood residents for their input in the planning process.

 

Bruce Ely of Timberlyne Physical Therapy, expressed concern that

movie theater patrons might use parking spaces at the adjoining professional center during matinees.  He also noted that left turns onto Weaver Dairy Road from Banks Drive were sometimes difficult to negotiate.

 

Council Member Brown said Mr. Stone's letter raised some interesting points.  She requested that the staff address the questions in its follow-up report to the Council.  Citing a sidewalk behind a local theater, Council Member Herzenberg said putting a sidewalk behind the proposed facility might not be such a good idea.  He also requested a staff response to a recent citizen's letter concerning parking in fire lanes at Timberlyne Shopping Center.  Council Member Werner suggested that staff discuss traffic, noise and lighting concerns with area residents, particularly residents of mobile homes and apartments in the area.

He also suggested that staff explore alternatives for the intersection of NC 86 and Westminster Drive.  He suggested that parking spaces at area shopping centers could be labelled for particular businesses.  Council Member Andresen emphasized the importance of assuring that safety and vehicular concerns were adequately addressed.  Council Member Andresen said she favored one-way circulation in the theater's parking lot.  She noted that off-site parking spaces created interesting potential conflicts between pedestrians and vehicles.

 

Council Member Brown suggested that the Council needed to begin thinking about saturation points for businesses such as theaters.  Mr. Horton said the Council had no mechanisms to restrict the number of theaters in the Town.  He noted that some uses, such as service stations and bars, could be restricted, due to public health and safety considerations.  Council Member Capowski requested that the staff comment on traffic at NC 86 and Westminster Drive at present and with widening improvements, in its follow-up report to the Council.  Council Member Wilkerson said he liked the cooperation exhibited between the developer and area residents.  Council Member Wilkerson requested that Mr. Karpinos draft an ordinance permitting removal of vehicles in fire lanes.  Council Member Wilkerson said he favored placing a pedestrian crosswalk further north on Banks Drive.  He also expressed concern about requiring a sidewalk on Westminster Drive.

 

Mayor Broun said although the proposed project would likely have a favorable economic impact, the Council needed to consider safety concerns and traffic flow.  Council Member Chilton requested additional staff comment on the one-way circulation pattern at the NationsBank parking lot on Banks Drive.  Mr. Zack reiterated the applicant's acceptance of the proposed conditions of approval.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO RECESS THE PUBLIC HEARING UNTIL JULY 6TH AND REFER COMMENTS TO THE TOWN MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Item 2  Pavilion SUP Modification Request

 

Mayor Broun requested removal from voting on the matter, citing his prior representation of West Franklin Preservation Partners in other matters.  He turned the hearing over to Mayor pro tempore Herzenberg.  Mr. Horton said the applicant's request was the first under new Development Ordinance provisions.  He said the application had received a great deal of interest from advisory boards.

 

Mr. Waldon said the request was for modification of an existing special use permit.  Mr. Waldon noted that the Council had recently adopted an amendment to allow property owners in the downtown area to submit transportation management plans in satisfaction of off-street parking requirements.  He added that the applicant proposed to eliminate all underground parking in phase one.  Mr. Waldon said the staff recommended annual monitoring of the applicant's transportation management plan.  He added that the staff recommended two modifications to the applicant's proposed transportation management plan.

 

 

Antoine Peutch, West Franklin Preservation Partners, commended the Council for changing the Development Ordinance relative to transportation management plans.  He said the project's goal was to reduce employee traffic by thirty percent.  Mr. Peutch said the owners of The Pavilion would work with the Town staff to fine-tune the transportation management plan.  He requested favorable consideration of the proposed modification and plan.

 

Martin Rody said the Planning Board had recommended adoption of Resolution A, with careful consideration of the recommendations of the Appearance Commission.  Mr. Rody noted that the Board was interested in the function and appearance of the proposed plaza.  He stated that the Board had suggested that the applicant make an annual contribution to the Town's trolley service.  Mr. Rody expressed personal concern that the applicant's proposal to reduce the number of parking spaces for employees would necessitate the Town providing additional parking spaces.

 

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

 

Council Member Andresen asked if some off-site parking spaces were proposed.  Mr. Horton said four handicapped spaces were proposed.

Council Member Andresen requested that the staff provide information on the projected number of patrons, businesses and offices in its follow-up report to the Council.  She expressed concern about the possible impingement on the quality of life of surrounding neighborhoods.  Council Member Andresen requested additional detail on the proposed modification.  Mr. Waldon said the special use permit covered both sites, with no above ground changes proposed at the Franklin Street site.  Council Member Andresen asked whether the bottom level would be retail, with the balance being offices.  Mr. Waldon said the first two levels were proposed for retail.  Council Member Andresen requested follow-up information on the number of tenants and parking spaces.

 

Council Member Werner stated that although he was supportive of the concept of transportation management plans, he was also concerned that the effect of the new ordinance was to subsidize projects of this type and scale.  Council Member Werner also inquired how the effectiveness of the plans would be gauged.  He also inquired about recourses for non-compliance.  Mr. Horton said that violators would face a maximum penalty of $500 per day, with possible future revocation of the permit.  He added that alternatives could be explored in cases where the owners acted in good faith and were not successful.  Mr. Horton said there was no guarantee that the plans would work.  Council Member Werner said he supported something stronger than a goal of thirty percent.

 

Council Member Capowski asked whether reducing parking requirements would result in more cars parking in lot number five.  He expressed concern that only the first phase of the project would be built.

Council Member Capowski inquired about the number of spaces that could be constructed at the Rosemary Street site.  Mr. Waldon said

he could not provide a reliable estimate.  Council Member Capowski requested that the staff, in a follow-up report, address the instance in which phase two of the project was not constructed.

 

Council Member Chilton noted that parking lots such as lot number five paid for themselves with user fees.  He suggested possibly striking a middle ground between the two proposed resolutions by eliminating a lesser number of parking spaces.

 

Joe Hakan, project coordinator and manager, stated that parking decks would pay for themselves through user fees.  Mr. Hakan said that the two parking decks on Pearl Street in downtown Boulder, Colorado worked very well.

 

Council Member Brown asked whether the suggestion concerning a payment for trolley services by the applicant was a new suggestion.  Mr. Horton said this was correct.  Council Member Brown said she favored pursuing the idea with the developer.  She requested additional information on the Appearance Commission's recommendations.   Mr. Horton said if the recommendations were literally followed, it would be necessary to redesign the project.  He also said it might be possible to make superficial design changes.  Council Member Brown inquired about parking concerns of new downtown businesses.  Mr. Peutch said although the cost of parking downtown was quite high, Franklin Street had a unique appeal.  Mr. Peutch said the applicant was in agreement with the Manager's recommendation including the provision of showers and annual monitoring of the transportation management plan.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECESS THE HEARING TO JULY 6TH AND REFER THE MATTER TO THE MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0), WITH MAYOR BROUN EXCUSED FROM VOTING.

 

 

Item 3  Church of the Holy Family SUP Modification

 

Mr. Waldon briefly reviewed the application.  He noted that the proposal was to add a parking lot on the site.  Mr. Waldon said the staff's recommendation was to approve the special use permit modification request.  Phil Post thanked the staff for their assistance with expedited review of the project.

 

David Swanson, project landscape architect, briefly reviewed plans for the proposed fifty-two car parking area on the church site.  Council Member Andresen inquired about sidewalks in the area.  Mr. Swanson briefly described the location of area sidewalks.  He added that ninety-degree angle parking was proposed, to maximize use of the site.  Council Member Capowski inquired about average attendance at church services.  Mr. Post said the maximum average attendance for services other than Easter and Christmas was between 125 and 140.  He added that the proposed number of spaces would handle all regular parking needs of the church.  Council Member Capowski asked whether the actual number of cars had been counted.  Mr. Post said yes.  Council Member Capowski inquired about the proposed hours of lighting for the parking lot.  Mr. Post said the lights would have a timer to turn them off between 11:30 p.m. and midnight.  Council Member Herzenberg asked when the church was constructed.  Mr. Post said 1953, with additions being completed in 1960 or 1961.  He added that the church had been issued a special use permit in 1979, with another special use permit predating the existing ordinance.

 

Martin Rody said the Planning Board recommended the adoption of Resolution A.  He added that there had been some discussion of the parking lot layout.  Mr. Horton said his preliminary recommendation was the adoption of Resolution A.  Council Member Andresen thanked the applicant and staff for expedited review of the project.  Mr. Post noted that the applicant agreed with the proposed conditions of approval. 

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECESS THE HEARING TO JULY 6TH AND REFER THE MATTER TO THE MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

 

Item 4  Oaks III Proposed Annexation

 

Mr. Waldon briefly reviewed the proposed annexation area. He noted that the recommended zoning was identical to R-1a zoning across the Durham County line.  Mr. Rody said the Planning Board had recommended R-1a zoning.  Mayor Broun noted that no citizens wished to speak on the matter. 

 

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

 

 

   Item 5  Proposed Penalties DOTA

 

Mr. Horton noted that a special process was needed to amend penalties in the Development Ordinance.  He stated that the proposal would permit maximum penalties of up to $500.  Mayor Broun noted that no citizens wished to address this matter.  Council Member Herzenberg said the proposal was a great idea.  Council Member Capowski inquired about recent penalties for violations.  Mr. Horton, Mr. Karpinos and Mr. Waldon each provided examples, noting that civil, rather than criminal, penalties were involved.

 

 

 

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

 

The hearing concluded at 9:53 p.m.