MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MARCH 15, 1993

Mayor Broun called the hearing to order. Council Members in attendance were Julie Andresen (arrived at 7:35 p.m.), Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Barbara Powell, Alan Rimer and Arthur Werner. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Eastowne Master Land-Use Plan

Parties wishing to testify in the matter were sworn or affirmed by the Town Clerk. Planning Director Roger Waldon briefly reviewed the proposal, noting that approval of a master land use plan was being requested by the applicant. He added that individual special use permits would need to be reviewed and approved prior to any development. Mr. Waldon said development of 400,000 square feet of office space, 170,000 square feet of hotel space and 1,700 parking spaces were proposed.

Council Member Andresen inquired about the location of wetlands on the property. Mr. Waldon said wetlands and a Resource Conservation District were located primarily along the east side of Eastowne Drive. Council Member Powell inquired about proposed access points to the project. Mr. Waldon clarified proposed points of access to the development. He also noted that the applicant had prepared a transportation impact analysis. Mr. Waldon said the applicant's assumptions and conclusions in the analysis appeared to be reasonable. He added that the staff recommended that new transportation impact analyses be provided for each subsequent special use permit for the proposed project.

Mr. Waldon said the applicant proposed approximately 1,700 parking spaces while Town development ordinances required approximately 1,500 spaces on site. Mr. Waldon stated that the provision of excessive parking should be avoided. Noting that the U.S. 15-501 corridor study would be completed by mid-July, Mr. Waldon said any future special use permits should reflect the study's findings.

He also noted that the Greenways and Parks and Recreation had requested the opportunity to review the Eastowne master land use plan proposal. Mr. Waldon said the Manager's preliminary recommendation was adoption of Resolution A, approving the request with conditions.

Council Member Werner inquired why a large number of cars were parked on Eastowne Drive on a daily basis. Mr. Horton said a large number of Blue Cross/Blue Shield employees were working in buildings in Eastowne Office Park. He added that Blue Cross/Blue Shield staff were working on options to remedy the situation. Council Member Werner asked whether the on-street parking was a permanent situation. Mr. Horton said the situation would continue as long as additional personnel worked in the area.

Ed Pizer said his family had owned the Eastowne property for over thirty years. Mr. Pizer noted that twenty-seven acres of the Eastowne Office Park abutting Erwin Road had recently been sold to the Chapel Hill Bible Church. He also stated that proposed future roadway tie-ins to Sage Road and Weaver Dairy Road would provide some relief to traffic conditions on U.S. 15-501. Mr. Pizer noted that work on the Eastowne master land use plan had been taking place over the last two years. He said the proposal was to construct approximately two Europa Center complexes on a thirty-three acre parcel of land.

Mark Zack, project architect, said the master plan responded to the site, its natural feature and topography. He added that the site contained natural woods and forested edges along U.S. 15-501 and Interstate 40. Mr. Zack also said that roads crossing the wetlands would do so at right angles to minimize disturbances. He stated that buildings had been planned to preserve the beauty of the site. Mr. Zack also noted that the construction of a parking deck would save seven percent land area compared to surface parking. He reviewed the advantages of deck parking over surface parking including the removal of fewer trees, reduction of surface runoff, use of less petroleum products for construction and better visual quality. Mr. Zack stated that a nine-story hotel was as tall as a six-story office building. He also said the parking structure would be nestled into the site topography.

Council Member Andresen inquired how runoff from the proposed parking deck and office building would be controlled into the wetlands area. Mr. Zack said an extensive monitoring program was planned. Council Member Capowski inquired how the proposed nine-story hotel on a knoll would contrast with the Sheraton hotel on Page Road. Mr. Zack said the Sheraton was a thirteen story structure compared to a nine-story building. He added that the building masses of the two structures would be quite different.

Council Member Capowski inquired whether it would be possible to see the hotel from five miles away. Mr. Zack said that a building twice the height of The Overlook on Provincetown Loop in Eastowne Office Park would approximate the anticipated building view vista.

Council Member Capowski said he was not convinced that the building would not look like the Sheraton hotel on Page Road. Mr. Zack said design professionals were sensitive to site design and the need to design a distinguished landmark.

Council Member Werner inquired why the proposed parking deck would only cover seven percent less land area than surface parking. Mr. Zack said the parking deck would save approximately seven percent, or two and a half acres of the entire site. Council Member Rimer inquired when project construction could begin if the project were approved during the spring. Mr. Zack said Mr. Pizer could address this point.

Mr. Pizer said the Town's development regulations would permit the proposed project to have impervious coverage of up to 13.7 acres. He noted that the proposed plan was to have 10.6 acres of impervious surfaces. Mr. Pizer said the construction of a parking deck was an expensive solution to address parking problems. He stated that many people travelled past Eastowne Office Park on a daily basis without realizing that there was an office park on the site. Mr. Pizer said that proposed mixed-use project would require fewer Town services than most other uses. He added that the office park would provide good employment for many area residents. Mr. Pizer stated that 3.3 parking spaces per one thousand square feet

of office space were being requested. He noted that a recent survey by Eastowne found that parking in the Durham-Chapel Hill area was generally underutilized. Mr. Pizer said he preferred to have some vistas through the project's buffering. He also suggested that the Town, rather than Eastowne Associates, pay for the cost of retiming traffic signals in the area.

Mr. Pizer said the build-out of the project would take at least two to two and a half years and would generate about 3,600 additional vehicle trips per day. He also said that offices generated approximately one-half of the traffic generated by commercial development on a per square foot basis. He stated that the proposed project should not have political impact on the City of Durham. Stating that he had spent approximately $60,000 in planning fees to date, Mr. Pizer urged the Council to accept the master plan proposal without delay.

Council Member Werner inquired about the proposed roadway connection to Erwin or Sage Road. Noting that a sixty foot right-of-way to Sage Road was proposed, Mr. Pizer briefly reviewed the proposed connections for Erwin and Sage Roads. Council Member Werner inquired about the mixed-use characteristics of the proposal. Mr. Pizer said although it was not feasible to include residential uses in the 33-acre proposal, he hoped that people would choose to live close to where they worked. He added that the hotel and office complex would hopefully include a restaurant, bank and other commercial establishments. Council Member Capowski inquired about the feasible minimum number of parking spaces for the project. Mr. Pizer said 1,717 parking spaces was the minimum number required for project feasibility. Council Member Capowski asked whether Mr. Pizer was opposed to moving additional parking into structured facilities. Mr. Pizer emphasized the need for visitor parking in the proximity of buildings.

Mr. Waldon said one of the staff's concerns was the construction of too many parking spaces. He noted that the standard minimum spaces for a project of this type would be 1,500 parking spaces. Mr. Waldon said additional spaces could possibly be included in the proposed parking deck structure. Council Member Brown inquired whether staff supported the provision of fewer parking spaces. Mr. Waldon said the staff was most concerned about the productive use of land, especially for uses more productive than storage of cars.

He added that the provision of more parking spaces would provide less incentive for people to travel by means other than single-occupant automobiles.

Marianna Chambless, representing the Planning Board, said the Board had considered the application at its February 2nd meeting and voted to postpone making a recommendation until its March 9th meeting. Ms. Chambless stated that the Board, by a vote of 7-1, had recommended postponement of the application until completion of the U.S. 15-501 corridor study. Council Member Rimer asked whether the Planning Board had discussed options for reducing vehicle trips to and from the proposed site. Ms. Chambless there had been no direct discussion about this matter or the possible rezoning. She stated that many members were waiting to see what type of development would occur.

Richard Franck, Vice-Chair of the Transportation Board, stated that the Town had made substantial efforts to work with the City of Durham on development projects of mutual interest. Mr. Franck said the Transportation Board was concerned that the proposed project did not have well-integrated mixed uses to decrease the use of single-occupant vehicles. Mr. Franck said he agreed that the proposed number of parking spaces was excessive. Noting that the proposal had many good points, Mr. Franck urged the Council not to approve the project as proposed. Council Member Werner inquired what the Transportation Board meant by redesigning the project to

reduce the number of parking spaces.

Mr. Franck said the project could be redesigned to encourage walking between destinations in the office park. Council Member Andresen inquired how integration could take place. Mr. Franck said two possibilities were underground pedestrian tunnel connections and locating buildings more closely together. Council Member Brown requested the Transportation Board's complete statement concerning the proposed project. Mr. Franck said this could be provided to the Mayor and Council. Council Member Werner inquired about assumptions regarding Racquet Club Drive. Mr. Waldon said it was assumed that a small percent of traffic, perhaps five or ten percent, would use this roadway.

Mr. Horton requested that materials pertaining to the item be entered into the record of the hearing. Mr. Horton said his preliminary recommendation was adoption of Resolution A, approving the request for the proposed master plan with conditions.

Ed Harrison expressed concern that approval of the Eastowne master land use plan would send a message to the Durham City Council that the Town also approved of the proposed Wal-Mart and related projects along Durham-Chapel Hill Boulevard. He urged the Council to delay the proposal of the Eastowne master land use proposal.

William Hutchins a member of the Friends of New Hope and the Triangle Land Conservancy, said he was interested in maintaining the overall beauty of the area.

Joel Harper, Executive Director of the Chapel Hill-Carrboro Chamber of Commerce said he endorsed and supported the Manager's recommendation. He stated the project would be good for the Town's property tax base.

John Thompson, President of the Cross-County Community Association,

requested that the Council delay consideration of the proposal until the U.S. 15-501 corridor study was completed. Mr. Thompson stated that the proposed project offered a very attractive entrance to the Town. Mr. Thompson said he and his neighbors were very concerned about increased traffic along Pope Road, Ephesus Church Road and other surrounding roadways. He stated that walkers, joggers and bikers had stopped using roads in the area because it was unsafe to do so. Mr. Thompson expressed concern that approval of the Eastowne master land use plan proposal would trigger approval of other development projects in the area. He reiterated his request to delay approval of the project until the

U.S. 15-501 corridor study was completed.

Bill Bracey said he thought that the proposal had the potential to be a very good project. Noting that the corridor study would be completed by early or mid-July, Mr. Bracey said it made sense to delay project approval until the study was completed. Mr. Bracey stated that he was not ready to concede that U.S. 15-501 needed to have eight to ten travel lanes.

John Kent urged the Council to delay the project until the

U.S. 15-501 corridor study was completed.

Hildegard Ryals suggested that the Council get the results of the U.S. 15-501 corridor study prior to considering possible approval of the Eastowne master land use plan.

Noting that the proposed project was a good one when viewed in a vacuum, Council Member Capowski requested that the Town Attorney give the Council an opinion on how or whether consideration of the master land use plan request could be delayed. He also requested additional information on the Council's options. Council Member Capowski also requested that the staff provide a comparison of the proposed building to the Sheraton hotel on Page Road.

Council Member Werner requested that staff provide information on the Council's options concerning denial, approval and options on how to address additional development requests not currently before the Council.

Council Member Rimer said Council Member Capowski's suggestion about using balloons to show possible building heights was a good one. Council Member Brown inquired when the matter would come back for Council consideration. Mr. Horton said he anticipated that the matter would be on the Council's April 12th agenda.

Council Member Andresen said she thought it was an excellent idea to wait for the results of the U.S. 15-501 corridor study until acting on the Eastowne master land use plan request. She also stated that having discussions with Durham officials was a good idea. Council Member Andresen said discussions concerning a wetlands study area between the Friends of New Hope and Mr. Pizer might be beneficial.

Council Member Powell requested a follow-up staff report on possible adverse affects of 200 additional parking spaces. She also inquired whether Mr. Pizer could respond to the Transportation Board's concerns about proposed building locations. Mr. Pizer said he did not really want to put buildings on the site closer together. He added that people did not tend to walk great distances between buildings.

Council Member Herzenberg said he believed that the Eastowne Office Park was an excellent site for a park and ride lot.

Council Member Andresen said she strongly favored the proposed parking deck rather than additional surface parking. Council Member Andresen also expressed her support for a developer contribution for traffic signal retiming. Council Member Andresen also said she supported the developer's proposal of providing vistas among pine trees on the site.

Council Member Brown requested additional information on the proposed protection of wetlands. She also requested a clarification about special use permits and their consistency with master land use plans.

Council Member Werner said the U.S. 15-501 corridor study would only outline a series of options or potential scenarios, rather than answering all questions about the future of development in the corridor. He added that the City of Durham was developing its own mixed-use study for the area. Council Member Werner said discussions needed to occur with Durham officials if the Eastowne proposal were postponed. Mayor Broun expressed his concurrence. Council Member Capowski inquired whether discussions could be initiated at the next Durham-Chapel Hill Work Group meeting.

Mr. Pizer requested several amendments to the proposed Resolution A. A copy of Mr. Pizer's remarks is on file in the Clerk's Office.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO RECESS THE HEARING AND REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 2 Proposed Streetscape Plan

Landscape Supervisor Curtis Brooks briefly reviewed design objectives and concepts of the proposed streetscape plan. He said the proposed plan would enhance pedestrian experiences, protect historical character, provide curb extensions, sidewalks, crosswalks, lighting, utilities, site furnishings and plantings. Mr. Brooks added that the plan's objectives were to provide a fairly careful site analysis of areas downtown, respect the character of the downtown area, protect and preserve trees in the area, and slow traffic in the area.

Mr. Brooks briefly reviewed slides depicting various districts of the Town and related streetscape plans for each of the areas. He noted that staff had worked with an independent consultant in developing a lighting plan. Mr. Brooks stated that existing mature trees and newly planted trees could serve as canopies along the Town's streets.

Council Member Andresen asked whether the streetscape plan could apply to Franklin and Columbia Streets. Mr. Brooks said that due to turning movements, the possibility of pulling out the curb at the intersection was minimal. He noted that light levels on area sidewalks were by no means uniform. Using slides of renderings, Mr. Brooks also provided brief overviews of proposed streetscaping plan strategies for various areas around the downtown.

Josh Gurlitz said Town staff had worked remarkably well to produce a cogent document and a well-integrated plan for the downtown area. He added that implementation of the streetscape plan was vital to a robust downtown area. Mr. Gurlitz stated that he strongly recommended that the streetscape plan become a part of the Town's Comprehensive Plan.

Robert Humphreys, representing the Downtown Commission, said he applauded and endorsed the proposed long-term streetscape plan. He expressed thanks to Curtis Brooks, Dave Roesler, Debra Roach and Richard Terrell for their work on the plan. He urged the Council to vote against the proposed plan unless the Council were truly committed to implementing the plan. Mr. Humphreys said it was time to rekindle community interest in the downtown area. He added that if the Council were interested in the vitality of the downtown area,

Nancy Gabriel said the downtown area was once truly a village. She emphasized the importance of the downtown area to the community's overall well-being. Ms. Gabriel expressed concern that the small amount of landscaping downtown was not well-maintained. She added that some sidewalks downtown were not in very good condition. Ms. Gabriel stated that implementation of the streetscape plan was desperately needed as soon as possible. She urged the Council to adopt and implement the proposed streetscape plan.

Noting that the streetscape plan was much needed, Council Member Andresen said making the plan a part of the Town's Comprehensive Plan was a good step. She added that the study of underground utilities and a two-tiered lighting system was well advised. Mr. Horton noted that design drawings were not yet available for these items. Council Member Andresen emphasized the importance of having detailed drawings for the project to proceed. Mr. Horton stated that strong interest had been expressed in improving pedestrian lighting and increasing safety in the downtown area. Council Member Andresen emphasized the need for the Council to request that the Manager present detailed plans and options for implementation of the streetscape plan. She stated that the Council needed to commit itself to implementing the plan, possibly through use of meals tax proceeds or Capital Improvements Program funding. She said that neglecting the downtown area would be a loss to the entire town.

Mayor Broun emphasized the need for the Council to be committed to the downtown streetscape proposal and its implementation. Council Member Rimer said he concurred that the streetscape plan was a good one. He emphasized the importance of gearing the project's timeline to the availability of funding. Council Member Rimer also noted the importance of maintaining the proposed streetscape consistent with the plan.

Council Member Brown requested information concerning how the work of the Downtown Planning Committee fit in with the proposed downtown streetscape plan.

Council Member Chilton noted that he lived about twenty-five feet from the study area. He emphasized the importance of preserving the character of the Midway area and its unique business establishments. Noting potential for gentrification of the area, Council Member Chilton said the area was a very valuable and interesting one to the Town as a whole.

Council Member Capowski noted that he had spoken earlier in the day to Ken Jackson. Mr. Jackson had expressed frustration that many plans for the downtown were tied to implementation of the proposed streetscape plan. Council Member Capowski said Mr. Jackson did not want to postpone small changes in order to wait for bigger changes. Council Member Capowski inquired what the Council could do for a reasonable amount of money to start the streetscape plan in motion.

Noting that the Town of Carrboro had undertaken some small improvements in its downtown area, Council Member Andresen said she wanted to see some small tangible improvements in the Town's downtown area. Mr. Brooks said detailed drawings were need to implement individual parts of the streetscape plan. Council Member Andresen asked whether all design work needed to be done right away. Mr. Brooks said staff had sufficient detail on the lighting plan and underground utilities to proceed with this element of the plan.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 3 Old Lystra Subdivision

Grainger Barrett, the applicant's representative, indicated that he did not wish to be sworn in the matter. Other parties wishing to testify in the matter were sworn by the Town Clerk.

Mr. Waldon briefly reviewed the twenty-one lot subdivision proposal and the site location, in the vicinity of Mt. Carmel and Old Lystra Roads. Mr. Waldon said staff had identified a number of deficiencies during the review process, which justified denial of the subdivision request. He stated that reasons for the denial recommendation included the provision of insufficient recreation area, lack of provision of public sewer facilities, non-compliance with buffering requirements and non-compliance with steep slope regulations. Mr. Waldon said the Greenways and Parks and Recreation Commissions had recommended approval of the subdivision while the Manager and Planning Board had recommended its denial.

Grainger Barrett, the applicant's representative, said he did not need to be sworn because the application was for a subdivision rather than a special use permit application. Mr. Barrett requested that the application be remanded to Town advisory boards and staff. He noted that the applicant was willing to revise the application concerning steep slope and recreation space requirements. Mr. Barrett said he and his client would work with staff to revise the subdivision application. He requested the Council's guidance on curb and guttering requirements as opposed to the provision of ditches and swales. Mr. Barrett added that providing curb and guttering in the area would be very expensive.

Noting the steep topography of some of the lots in the proposed subdivision, Council Member Rimer emphasized the importance of careful consideration of installation of septic tanks. He stated that there were some tradeoffs between septic tanks and sewer connections relating to the physics of the property itself. Council Member Rimer noted that the Health Department had indicated provisionally that there were sites for septic tanks on each lot.

Mr. Barrett said the need to explore sewerage options was one of the reasons for requesting a remand of the application.

Marianna Chambless stated that the Planning Board had unanimously recommended denial of the application on the basis of required density for septic fields.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REMAND THE APPLICATION TO STAFF.

Noting that the staff argued that it was possible to extend sewer to the area, Council Member Capowski requested that the follow-up report include a map of the rural buffer in the area. Council Member Andresen inquired about the difference between denial and remanding of the application. Mr. Horton said remanding would result in the application not losing its place in line in the development review process. He stated that the applicant and staff would do their best to identify differences and redesign the project to meet development requirements. Council Member Andresen asked whether new steep slope regulations would apply to the application. Mr. Karpinos said staff would review this matter. Council Member Brown inquired about the process for addressing Mr. Barrett's concerns about curb and guttering. Mr. Horton recommended that the Council address as a part of the full development application.

THE MOTION TO REMAND WAS ADOPTED UNANIMOUSLY (9-0).

The hearing concluded at 10:45 p.m.