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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, SEPTEMBER 21, 1992

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg and Arthur Werner. Council Member Alan Rimer was absent excused. Mayor Broun expressed concern about the fire incidents of Sunday afternoon and evening. He offered the Council's support wherever possible for affected businesses. Mayor Broun stated that he had been out of town on Sunday evening but had been informed that Fire Department personnel, other Town staff and numerous fire personnel from other area agencies had performed admirably under difficult circumstances.

Fire Chief Dan Jones presented an overview of the three major fire incidents. He stated that damage in the first incident at Cameron's in University Mall had been minimized by the presence of an automatic sprinkler system. Chief Jones said a fire was reported at the Intimate Bookshop on Franklin Street at 6:49 p.m. He stated that due to the rapid spread of fire, efforts were concentrated on protecting other buildings in the same block. Chief Jones said the fire was brought under control at approximately 10:30 p.m. He noted that a fire was reported at the Eastgate Food Lion store shortly after the Intimate Bookshop call was received. Chief Jones stated that the simultaneous nature of the fires had necessitated assistance from thirty-seven local fire and emergency management agencies. He said the overall response to the incident had been very good. Chief Jones noted that the possibility of incendiary fire origins were being investigated by State, Federal and local officials.

Council Member Andresen thanked Chief Jones and the Fire Department staff for its efforts in controlling the fire incidents. She also expressed appreciation for support received from other area agencies. Council Member Andresen said although is was unfortunate that significant property damage occurred, it was notable that no major injuries of loss of life took place.

Noting that he was present at the Intimate Bookshop fire scene, Council Member Werner said he was very impressed with the professionalism of Town fire personnel and firefighters from other communities. He said the fire scene was remarkably calm and under control. Council Member Werner said the Fire Department was to be commended for the fact that no other buildings were destroyed. Chief Jones noted that there had been a great deal of potential for other problems in the one hundred block of East Franklin Street. Council Member Capowski inquired whether the Intimate Bookshop was equipped with a sprinkler system. Chief Jones said no. Council Member Capowski inquired whether sprinklers would have prevented the fire. Chief Jones said the sprinklers would have held the fire in check and reduced the risk to firefighting personnel. Mayor Broun expressed his thanks to Chief Jones and his staff for their efforts.

Mayor Broun noted that the Town Clerk's Office would accept applications for Council membership through Monday, October 5th at 5:00 p.m. He stated that the appointee would serve until December, 1993 at which time the person receiving the fifth highest number of votes in the November, 1993 election would be appointed to the seat until December, 1995.

Item 1 Public Hearing on Tree Committee DOTA

Planning Director Roger Waldon provided an overview of proposed ordinance amendments concerning tree protection. He noted that the Tree Committee, Planning Board and Manager recommended the proposed amendments.

Phil Post, representing the ad hoc Tree Committee, said the committee had been reviewing and developing recommended revisions for over two years. He noted that the ordinance was working very well overall. Mr. Post said the proposed modifications involved slight language modifications and other fine-tuning points. He noted that persons in involved with development in Chapel Hill were required to take a course concerning the Town's tree and landscape protection ordinance. Mr. Post stated that other committee members were Bruce Ballentine, James Haar, Jill Ridky and James Flanagan. Mr. Post briefly reviewed each of the proposed ordinance amendments. He noted that the Planning Board and Design Council had reviewed the proposed amendments and had recommended their approval.

Council Member Andresen asked whether Mr. Post was the committee's chair. Mr. Post indicated that the committee did not have a chairperson. Council Member Andresen said several persons had expressed concern that the committee did not have a chairperson. She inquired whether the proposed revision would permit the removal of twelve-inch trees. Mr. Post said this was a proposed threshold dimension. He noted that areas surveyors had indicated that the current maximum dimension of six inches was too restrictive. Council Member Andresen said increasing the standard from six to twelve inches was a significant change. Mr. Post said this was significantly less than the twenty-four inch standard for tree protection. Council Member Andresen said the use of protective tree fencing was preferable to flagging. Mr. Post said there had been experimentation with flagging of trees which had worked well. Council Member Andresen inquired about the scope of the existing ordinance in regard to types of development regulated. Mr. Waldon said the regulations did not apply to construction of a single house or duplex unit on a private lot.

Council Member Werner inquired why the present standard was six inches rather than twelve. Mr. Post said he did not know how the present standard had been determined. Mr. Waldon noted that general protection standards applied to trees with a minimum diameter of twenty-four inches. He said the six inch standard was established to permit surveyors greater flexibility in performing their initial surveys. Mr. Waldon noted that the six-inch standard had proven too restrictive. Council Member Werner inquired what would happen if permission to remove a tree during the surveying process were denied. Mr. Post said it would be necessary to avoid the tree or trees in question at additional time and expense. Council Member Werner inquired about the number of six or twelve-inch trees on a typical site. Mr. Post said there would be approximately thirty or forty such trees per one hundred feet on a thickly-wooded site.

Council Member Werner asked whether it was correct that trees of less than twelve inches in diameter could be removed with the concurrence of the Town's urban forester. Mr. Post said this was correct. Urban Forester Curtis Brooks presented an overview of his role in the tree removal permitting process. Council Member Werner inquired whether any significant trees between six and twelve inches in diameter were worth saving. Mr. Brooks said this was the exception rather than the rule. Council Member Brown asked if there were not significant trees which were naturally smaller and how unique smaller trees would be protected. Mr. Brooks said some smaller trees, such as an eight-inch boxwood, would merit special protection. Council Member Brown said it would be helpful to have flexibility with regard to the protection of smaller trees. Council Member Brown inquired about the level of protection offered by fencing and flagging. Mr. Brooks said fencing was undoubtedly preferable, but flagging had many practical applications.

Council Member Chilton inquired about the feasibility of providing a list of significant smaller trees to surveyors. Mr. Brooks noted that some types of trees had lower protection thresholds. He added that it might be possible to identify broader ranges of plants needing protection. Council Member Chilton inquired about the genesis of the current listing. Mr. Brooks said this information had been provided by North Carolina State University arborist staff. Council Member Capowski said the value of a tree was a function of many things. He noted that once a tree was removed, it was not possible to regenerate the same tree. Council Member Capowski expressed concern that the Council was being asked to adopt a set of amendments to address one particular problem. Mr. Waldon said an effort was being made to balance the competing priorities of saving trees and vegetation without overregulation. He added that some fine-tuning of the ordinance was needed. Council Member Capowski inquired whether it was correct that individual homeowners were free to clear-cut their lot of trees if they so desired. Mr. Waldon said this was correct. Council Member Capowski inquired whether there were any safeguards concerning absentee landlords. Mr. Waldon said no.

Council Member Herzenberg said it was good to hear comments that the ordinance was working well. He inquired whether there was any serious dissent concerning the committee's recommendations. Mr. Post said the committee had many serious discussions and the suggested recommendations were a compromise. Committee member James Haar said many of the committee's recommendations would adjust regulations in favor of planners and builders. Mr. Haar said he was not convinced of the need to increase the minimum standard from six to twelve inches. Mr. Haar said although he was not completely happy with the results of the committee's work, the final report did represent a compromise by all parties. He suggested that the committee remain in place to continue monitoring the tree protection ordinance.

Wayne Hadler, representing the Planning Board, said the Board had unanimously recommended approval of the proposed amendments.

Bill Bracey, Conservation Chair of the local Sierra Club, said the proposed flagging of trees was a workable proposal. He noted the importance of people attending meetings of the tree protection committee.

Claire Cooperstein noted that she had been a member of the original tree committee. A copy of Ms. Cooperstein's remarks are on file in the Clerk's Office.

Adam Kuby said that tree protection fencing was only effective if placed in strategically important locations. Council Member Andresen inquired about Mr. Kuby's observations concerning the proposed change in minimum standards. Mr. Kuby said he had recommended increasing the standard to eight or ten inches during his tenure as Urban Forestry Officer. Mr. Kuby also said that self-regulation would likely result in a lower likelihood of removal of valuable trees.

Council Member Andresen requested that the staff's follow-up report include responses to citizen concerns raised this evening. She also requested additional staff comment on the proposed amendments and delineation of the original and revised texts. Council Member Brown also requested that staff address citizen comments and the Sierra Club petition. She inquired when the item might return for action. Mr. Horton said the item would likely return in November, rather than October, as originally scheduled. Council Member Werner requested that the staff comment on the practicality and legality of the application of the proposed ordinance to single-family homes built by individuals.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 2 Steep Slopes DOTA

Mr. Waldon said the proposed steep slope regulations were as rigorous as those for flood plains. He noted that the Planning Board felt that steep slope conditions were adequately addressed in the Town's design guidelines. Mr. Waldon said the staff was comfortable supporting stronger development ordinance language concerning steep slopes. He noted that the Manager's preliminary recommendation was to adopt the proposed ordinance amendments. Council Member Capowski inquired about the logic of not applying the proposed standards to two-family lots. Mr. Waldon said the Development Ordinance provided exemptions from similar standards for single and two-family lots.

Council Member Herzenberg inquired whether any specific situations had triggered the need for the proposed standards. Mr. Waldon noted that the Council had discussed the need for such standard relative to developments such as the North Street subdivision and University Place special use permit. Council Member Brown inquired about costs related to the proposed regulations. Mr. Waldon said the regulations would likely result in somewhat increased development costs in steeply sloped areas.

Council Member Andresen inquired whether it was correct that the Council could approve a well-planned project that did not follow the Development Ordinance's exact guidelines. Mr. Waldon said this was correct.

Wayne Hadler, Planning Board Chairperson, said the proposed amendment had been seriously debated at its most recent meeting. He noted that the amendments had been recommended for Council approval by a vote of 5-3. Council Member Werner inquired whether the Planning Board would prefer the flexibility offered by development guidelines. Mr. Hadler said this was generally correct. He added that some board members had concerns about the vagueness of certain ordinance provisions.

Nancy Gabriel, representing the Appearance Commission, said the Commission felt that the proposed amendment was redundant and that site development should be handled on a case-by-case basis. She also noted that the Council and Planning Board had the flexibility to incorporate guidelines. Ms. Gabriel said the majority of the commission recommended leaving steep slope provisions in the design guidelines, rather than adopting the proposed text amendment.

Bruce Ballentine, Design Review Board Chairperson, expressed concern about the possibility of losing creative options as a result of adopting the proposed standards. Mr. Ballentine stated that steep slope standards were currently outlined in the Town's design guidelines. He suggested that the Town hold a workshop to discuss steep slope development in greater detail.

Mayor Broun requested that comments from the Design Council of Chapel Hill-Carrboro be entered into the record of the hearing. The Design Council's comments are on file in the Clerk's Office.

Council Member Werner requested that the staff's follow-up report include information about development projects which would have been impacted by the proposed text amendments. Council Member Andresen also requested information concerning the impact of development on steep slopes on stormwater runoff. Council Member Brown suggested that an informal workshop could possibly be set up concerning the proposed regulations. Council Member Capowski stated that the proposed ordinance appeared to be quite vague with regard to development in areas of fifteen to twenty-five percent slopes.

Mr. Horton stated that staff would make recommendations to the Council on how to possibly address these individual situations. Council Member Capowski inquired about the differences between the proposed ordinance amendment and the use of existing design guidelines pertaining to steep slopes. Mr. Horton said information could be provided in the staff's follow-up report to Council. He added that design guidelines gave general guidance to developers, but were not legally required. Council Member Chilton asked whether the proposed amendment was legally defensible. Mr. Karpinos said this would be contingent upon the facts of individual cases. He added that the Council had greater flexibility in special use permits, as opposed to subdivisions.

Council Member Chilton said he was intrigued by the Design Review Board's suggestion concerning the possibility of holding a work session. He requested that the staff draft a resolution specifying that the Town would commit to the use of design guidelines in the design of Town projects. Council Member Andresen said she believed that the Council valued the design guidelines and took them seriously. Council Member Chilton said some developers had the misperception that the design guidelines were not an important component of the development process. He said the passage of a resolution similar to that proposed by the Design Review Board.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 3 Solid Waste Management DOTA

Mr. Waldon briefly reviewed the proposed amendments, noting that the amendment sought to encourage developers to incorporate recycling plans into their proposals. He added that the amendment would require developers to provide solid waste management plans as part of their development proposal submittal. Mr. Waldon said adoption of the amendment was recommended.

Mayor Broun inquired about the advantages and disadvantages of Town-wide mandatory recycling. Mr. Waldon said such a requirement would need to apply to new and existing development. He noted that the proposed ordinance amendment required that recycling facilities be made available and solid waste management plans be provided.

Council Member Capowski inquired whether it was correct that the proposed amendment applied only to commercial proposals. Mr. Waldon said commercial and multi-family proposals would be impacted by the proposed amendment. Council Member Brown inquired why the solid waste management plans referenced in the staff's memorandum were not included in the proposed amendment. Mr. Waldon said the Town could not mandate the use of recycled materials. Council Member Brown inquired why the proposed amendment language was quite broad. Mr. Horton said the language was broad to allow incorporation of new provisions as technologies improved.

Council Member Werner said the proposed amendment would apply to project developers, rather than tenants of the buildings. He inquired whether there was any way for developers or landlords to encourage tenants to participate in recycling programs. Mr. Waldon said although periodic reports could be made on the recycling program's effectiveness, there could be no assurance that recycling would take place.

Planning Board Chairperson Wayne Hadler said the Board had unanimously and strongly supported the proposal.

Scott Franklin, a resident of Shadowoods Apartments, said he favored the proposed amendment since it would provide convenient recycling to apartment residents. He noted that Orange County was currently attempting to develop an integrated solid waste management plan.

Laurie Dryer, a resident of Franklin Woods Apartments, said she favored the proposal because apartment residents would be more inclined to participate in recycling due to the greater availability of facilities. Ms. Dryer said she hoped the proposed amendment would be adopted.

Judy Wood said she favored the proposal since it would discourage sending things to the landfill. Ms. Wood emphasized the importance of reuse and recycling. She emphasized the importance of providing recycling and reuse incentives to individuals.

Josh Gurlitz said he was a firm believer in recycling and the need for sensitivity toward solid waste management. He expressed concern that the proposed amendment would pose an undue hardship on new development projects. Mr. Gurlitz said he also strongly supported the use of recycled materials in construction projects whenever possible. Mr. Horton noted that Mr. Gurlitz's concerns had been addressed in the most recent ordinance amendment proposal. Mr. Gurlitz stated that the draft he had reviewed was written in May. Council Member Andresen inquired whether the Design Review Council had reviewed the proposal. Mr. Gurlitz said the Council had reviewed the May draft of the document. Council Member Brown asked whether a waste management plan could be developed for building reconstruction and other similar projects. Mr. Horton said yes, depending upon the specific type of proposal involved. Council Member Herzenberg inquired about the proportion of multi-family units with recycling facilities available. Blair Pollock said seventy percent of apartment complexes had such facilities. Mr. Horton said additional information on this matter could be provided in a staff follow-up report.

Council Member Capowski inquired whether the proposed amendment would apply to building reconstruction projects such as the Franklin Street Intimate Bookshop. Mr. Waldon said it would be necessary to review development requirements if a major new building project were proposed. Council Member Capowski asked whether the requirements would apply if a new wing were to be added to an existing building. Mr. Waldon said yes. Council Member Capowski asked whether the proposed amendment would apply to the University campus. Mr. Waldon said this would be addressed in the staff's follow-up report. Council Member Andresen said although goals such as not permitting sheetrock at the regional landfill were worthy, she wondered about the unintended effects of the proposed legislation. Mr. Horton said staff would handle regulation in the most practical manner possible.

Mayor Broun inquired whether it was correct that an emphasis would be placed on convenient, rather than on-site, recycling facilities. Mr. Waldon said this was certainly make sense in the downtown area. Mr. Horton added that centrally-located dumpster and recycling facilities would be preferable in densely-developed areas. Council Member Brown inquired whether facilities of this type existed. Mr. Horton said yes. Council Member Werner inquired about the status of commercial recycling programs. Mr. Pollock said office paper, cardboard and glass was being collected by the Town from government office buildings. He added that several private commercial recycling programs were also operating, with an emphasis on cardboard and glass. Council Member Werner inquired about the percentage of firms recycling. Mr. Pollock said this was quite difficult to estimate. He noted that the Town-sponsored program recycled thirty to fifty tons of office paper per month. Council Member Werner inquired whether any office recycling surveys had been conducted. Mr. Pollock said no. Council Member Werner said it might be interesting to investigate this type of survey.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 4 Closure of a portion of McGregor Drive Right-of-Way

Engineering Director George Small said the item involved a fairly routine process for closing a portion of right-of-way along McGregor Drive. He briefly reviewed the developer's request. Mayor Broun inquired whether the request was effectively a movement of right-of-way. Mr. Small said yes. Council Member Capowski asked whether the proposal would cause any problems with slopes. Mr. Small said he believed that no such problems would be created.

Council Member Werner noted that the request had been basically approved in conjunction with the McGregor Place special use permit. He inquired whether any right-of-way had been set aside to the east of the property. Mr. Small said no such dedication had occurred.

M.A. Lyons, speaking on behalf of the Wilson family, property owners in the area, said his client's main concern was that McGregor Drive not be closed. Mr. Lyons said there was a future need for street and curb and gutter tie-ons. He inquired why the a reduction in right-of-way from sixty to fifty feet was proposed.

Mayor Broun noted that the proposed resolution addressed only the matter of a stubout. He added that Mr. Lyons' question about right-of-way concerns might be addressed in the future. Council Member Andresen inquired whether there was any reason to believe that sixty feet of right-of-way would be needed in the future. Mr. Lyons said he was not immediately aware of any situation wherein sixty feet of right-of-way would be needed, but that the State Department of Transportation routinely required sixty feet. Council Member Andresen noted that neighborhood streets were often narrower, only requiring fifty feet of right-of-way. Council Member Herzenberg inquired why the proposed right-of-way was narrower. Mr. Horton said during the course of design, it was determined that fifty feet, rather than sixty feet, would be required.

Donna Dyer, representing the developer, said the main reason to move the proposed right-of-way was to accommodate single-family lots on both sides of the street.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 5 Design Review Board Composition

Mr. Horton said the Design Review Board was proposing the addition of representatives from the Planning Board and Historic District Commission.

Planning Board Chairperson Wayne Hadler said the Board was very supportive of the proposal.

Design Review Board Chairperson Bruce Ballentine said the Board felt the proposed amendment was a good idea. He stated that the proposed amendment would serve as a useful link between boards. Mr. Ballentine said there was a need to examine whether appearances before the Design Review Board should be voluntary or required. Council Member Andresen said she would like to explore the idea of the Design Review Board having a more active role in the review of development projects. She noted that the care would need to be taken not to extend the review process unreasonably. Council Member Capowski said he seconded the idea of reviewing the Board's role. He added that the Board needed to be better utilized.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

The hearings concluded at 10:34 p.m.