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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, OCTOBER 19, 1992

Mayor Broun called the hearing to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer and Arthur Werner. Also in attendance were Assistant Town Manager Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Mayor Broun noted that the process to fill the Council vacancy would continue with a public forum on Sunday, October 25th at 7:00 p.m. in the Council Chamber. He added that the forum would be cablecast. Mayor Broun said that two of the applicants, Ms. Evans and Mr. Strevel had previous commitments which conflicted with proposed forum. Mayor Broun suggested that each of the applicants could be asked two or three questions at the forum.

Council Member Andresen emphasized the importance of involving the public in the selection process as much as possible. She added that the League of Women Voters had held candidate forums at which questions were selected at random. Mayor Broun noted that questions could also be forwarded to candidates unable to attend the forum. Council Member Rimer said although he was not familiar with the League of Women Voters' forum procedure, it sounded like a good idea. Council Member Capowski suggested that up to three candidates select each randomly-selected question. Mayor Broun requested suggestions on how to handle candidates unable to attend the forum. Council Member Werner suggested that those unable to attend could provide written answers to the questions. Mayor Broun inquired whether the Council concurred with the idea of having six questions, with two randomly-selected questions posed to each of the candidates in attendance. The Council expressed its concurrence. Council Member Herzenberg suggested that the Council develop broad questions which elicited specific answers. Mayor Broun said he would forward letters to each of the candidates informing them of the proposed process.

Item 1 Home Health Agency SUP Request

Persons wishing to testify in the matter were sworn by the Town Clerk. Noting that the Planning and Transportation Boards and Manager recommended approval of the request, Planning Director Roger Waldon briefly reviewed the application. He noted that the project's transportation management plan would encourage the use of bus passes and means of transportation other than automobiles.

Mark Zack, the applicant's representative, presented an overview of the proposed landscaping and site plans. Mr. Zack said he would be glad to respond to any questions by the Mayor and Council.

Charles Milch, Chief Executive Officer of the Home Health Agency, said his company was the only non-profit agency of its type in Orange County. He stated that Home Health Agency provided over $100,000 per year in charity care annually. Mr. Milch said he favored adoption of Resolution A with a few modifications. He stated that provision of a sidewalk along the southern portion of the property would require extensive work and could be very expensive. Mr. Milch said Westchase Development Corporation, owners of Timberlyne Shopping Center and the Timberlyne Homeowners Association had recommended constructing the proposed sidewalk on the shopping center side of the service drive. He added that a total of eighty-seven parking spaces, rather than eighty, were requested, to accommodate estimated staff and patient parking needs. Mr. Milch said the agency proposed to set aside a fund of $1,000 per year for the purchase of bus passes. He stated that estimated total costs for sidewalks and transportation management program improvements would be $39,530 over a twenty-year period.

Council Member Andresen requested information about proposed pedestrian and traffic movements. Mr. Zack briefly reviewed the site plan, noting that there were would be no vehicular access points off public streets. Mr. Milch added that a walkway was proposed from the building to the bus stop, and a crosswalk to the shopping center was also proposed. Council Member Andresen commended the applicant for proposing a very attractive building.

Gregg Sandreuter, Westchase Development Corporation, read a letter supporting the proposal from Mr. Charles Zimmerli, President of the Timberlyne Neighborhood Association. A copy of Mr. Zimmerli's letter is on file in the Town Clerk's Office.

Council Member Capowski inquired why the traffic impact statement estimated only twenty-three evening vehicle trips when there were sixty-two staff at the facility. Mr. Milch noted that staff entered and left the facility at various times of the day to make patient visits. Council Member Capowski inquired about the proposed location for the additional seven spaces. Mr. Zack said the proposed site plan included room for the requested eighty-seven spaces. Council Member Capowski said he was very pleased about the close interaction between the applicant and the Timberlyne Neighborhood Association.

Council Member Werner inquired about parking assumptions made in conjunction with the application. Mr. Waldon briefly reviewed proposed parking requirements. Council Member Werner inquired whether long-term employment projections for the facility had been provided. Mr. Waldon said no. Council Member Werner inquired about anticipated future expansion of the facility. Mr. Horton said the applicant could best respond to this question.

Mr. Waldon noted that Planning Board Chairperson was unable to attend this evening's meeting. He noted that the Planning Board had recommended adoption of Resolution B. Council Member Andresen inquired whether the Planning Board had discussed all internal sidewalks in conjunction with the proposal. Mr. Waldon said the Planning Board's discussion concerned the provision of a sidewalk along the service drive versus along the shopping center side of the roadway. Planning Board Member Scott Radway said the Planning Board had had extensive conversations concerning sidewalks. He noted that the Planning Board recommended identifying an appropriate location for a bus pull-off along Weaver Dairy Road. Council Member Andresen inquired whether the Planning Board supported internal sidewalks. Mr. Horton said both the Planning and Transportation Boards endorsed the sidewalk plan, including a sidewalk/crosswalk between the site and the shopping center. Council Member Brown asked whether the Planning Board had discussed bus passes. Mr. Radway said the Board had not, but he felt that the provision of bus passes to the agency's employees was a good idea.

Transportation Board Chairperson Rachel Willis said the Board had recommended the adoption of Resolution A. She noted that the Board had recommended moving the proposed bus stop location, due to safety considerations. Ms. Willis emphasized the importance of providing bus tickets and passes to employees.

Bob Ward said he favored the development proposal. He noted that the speed limit on Kingston Drive was 25 miles per hour.

Peggy Hollingsworth, a Home Health Agency Board Director for five years, said the agency's current office space situation was challenging one for employees. She said the agency was a non-profit, operating with a conservative budget. Ms. Hollingsworth noted that she had personally received care from the agency six years ago and her mother currently received similar care.

Kyle Spivey, Home Health Aide Program Coordinator, said the Home Health Agency served homebound patients. Ms. Spivey said the agency's certified assistants provided high-touch therapy to predominately shut-in patients. She stated that services were provided throughout the community. Ms. Spivey requested that the Council approve the special use permit request.

Martha Brown, a speech therapy supervisor with the Home Health Agency, requested that the Council approve the proposal with eighty-seven parking spaces to provide adequate facilities for staff and patients.

JoAnn Flair urged the Council to approve the request so that the Home Health Agency could continue to provide services in the community.

Beth Lewis, a registered nurse for the agency, requested that the Council approve the application.

Johnny Morris said the proposed facility was needed to provide adequate services. He urged the Council to approve the special use permit with eighty-seven parking spaces.

Olivier Devaud, representing the Orange County Economic Development Commission, said the Home Health Agency was a prospering business which would provide additional tax base with the proposed building. He urged the Council to approve the proposal.

Joel Harper, President of the Chapel Hill-Carrboro Chamber of Commerce, said he could not imagine a more appropriate use of the land parcel.

Mayor Broun inquired whether the proposal would present parking problems in other parts of the shopping center. Mr. Waldon said there would be no substantial impact on parking at the shopping center. Gregg Sandreuter said the facility required on-site, rather than off-site, parking. Council Member Andresen inquired whether the building would be used at night. Mr. Milch said the building would be used minimally at night. LeAnn Nease said it was likely that overflow parking from the shopping center's theater would take place.

Council Member Brown inquired who would pay for a bus pull-off facility. Mr. Waldon said the staff did not recommend a pull-off. Council Member Brown asked if the Town might have to pay for the facility in the future. Mr. Waldon said this was a possibility. Council Member Werner inquired about possibly widening Weaver Dairy Road in the future. Mr. Waldon said information on this possibility could be provided in the staff's follow-up report. Council Member Werner said the possible widening was relevant to the need for a bus pull-off. Council Member Rimer said he believed that the request for eighty-seven parking spaces was consistent with the applicant's traffic projections.

Council Member Andresen requested that the staff provide a good map of the site and shopping center in its follow-up report. Council Member Brown inquired whether the provision of additional parking spaces would deter the use of alternative transportation. Mr. Milch said he did not believe that this would be a deterrent. Noting that the additional seven parking spaces represented less than ten percent of requested parking, Council Member Werner suggested that the Council approve the applicant's request. Mayor Broun noted that the applicant had earlier addressed the proposed conditions of approval.

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

Item 2 New Residential Zoning Districts

Mr. Waldon briefly reviewed the proposal to create new residential zoning districts for one and five-acre minimum lot sizes. Council Member Capowski inquired about the rationale for excluding duplexes as a permitted use. Mr. Waldon stated that duplexes were currently permitted in R-2 and higher zoning districts. Mr. Waldon noted that the Planning Board had recommended approval of the proposed ordinance amendment by a vote of 5-1. He said the dissenting member had expressed concern about the concept of very large lots.

Gordon Mitchell, a local real estate broker, said the Council had a significant role in determining the cost of housing in the community. He expressed concern that current Town zoning regulations had prevented a family siting two mobile homes on its 3.95 acre lot near the landfill facility. Mr. Mitchell said the proposal would not permit property owners to maintain horses on certain parcels. He also stated that the proposal would cut the supply and increase the cost of housing.

P.H. Craig, a local real estate appraiser, said he was very upset about the proposal. Mr. Craig commended the dissenting Planning Board member for voting against the proposed amendment. He said the Council could not vote for the amendment and favor affordable housing at the same time. Mr. Craig stated that an emphasis should be placed on providing low and moderate-cost housing.

Council Member Capowski requested that the staff's follow-up report provide information on the ramifications of the proposal on existing property owners. Council Member Brown requested that the staff's follow-up report address Mr. Mitchell's concerns about maintaining horses on properties.

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

Item 3 R-2a Setback Regulations

Mr. Horton said the proposed amendment had been initiated as a result of concerns by residents of the Oaks Villas development. Mr. Waldon briefly reviewed the proposal, noting that it would address differences in regulations for overhangs and setbacks. He said adoption of the text amendment was recommended.

Council Member Brown inquired why a specific overhang maximum was needed. Mr. Waldon said a standard could be used to eliminate possible egregious abuses such as very wide overhangs. Council Member Capowski inquired whether R-2a zoning could be used in other areas of the Town in the future. Mr. Waldon said this was correct.

Council Member Capowski inquired about the number of non-conforming homes impacted by the proposed amendment. Mr. Waldon said this information could be provided in the staff's follow-up report.

Council Member Capowski inquired about the possibility of lower property values resulting from the proposed new regulations. Mr. Horton said there was no way for the staff to determine this reliably. Council Member Capowski stated that the setback problem appeared only to impact a small portion of the Town. Mr. Waldon said the proposal was offered in response to a citizen request. Council Member Rimer noted that the proposed regulations could apply only to the Oaks Villas area. Mayor Broun noted that the staff's preliminary recommendation was adoption of the proposed resolution.

Charles Heinmiller, President of the Oaks Villas Homeowners Association, said that less than half the lots in the Oaks Villas had homes on them. He noted that City of Durham development regulations allowed significantly wider lots for development. Mr. Heinmiller said he wanted to see the neighborhood built out and the recommended changes adopted by the Council.

Phillip Sullivan, an Oaks Villas resident, said he favored the proposed change in setback regulations.

Barbara Pipkin, a local real estate broker, said present zoning was too restrictive to make marketing of the homes appealing. She requested that the Council adopt the proposed change.

Council Member Werner suggested consulting with the Durham Work Group to see whether there were other significant differences between the Town's and Durham's development regulations as related to the Oaks Villas. He inquired whether the entire area had been annexed by the Town. Mr. Waldon said a small additional area would be annexed by the Town in the future.

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

The hearings concluded at 9:53 p.m.