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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, APRIL 19, 1993

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, 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.

Noting that the Apple Chill street festival had been successful and enjoyable, Mr. Horton stated that as the street fair was closing down, a crowd including gang members gathered between parking lot number five and Ham's Restaurant. He said that gang members discharged automatic weapons into the air or toward the ground, injuring at least two persons. Mr. Horton reported that a total of four persons were arrested for possession of drugs or weapons. He said that the Town's Police Department had done a good job of restoring order in the area. Mr. Horton suggested that the Council might wish to discuss ways to reduce the potential for this type of incident in the future.

Council Member Capowski inquired whether the gang activities were tied to the Town's Apple Chill and Festifall street fairs. Mr. Horton said he believed that gatherings of this type would occur regardless of whether or not the festivals took place. Noting that the events of early Sunday evening were tragic, Mayor Broun said it would be equally tragic if Apple Chill or Festifall were negatively impacted by these events. Expressing alarm about persons carrying weapons, Council Member Andresen said she would be interested in the Manager and Attorney developing strategies or policies to discourage the carrying of weapons. Mr. Horton said the Council had made a strong commitment to regulate the use of firearms in the community. He stated that these ordinances made it possible to make the arrests for weapons violations on Sunday evening. Mr. Horton noted that it was not possible nor legal to search every car and person.

Council Member Herzenberg noted that State Representative Mickey Michaux had introduced gun control legislation in the General Assembly. He requested that the Manager distribute a copy of the proposed bill to the Council. Council Member Rimer inquired about the possibility of using loitering ordinances to disburse crowds. Mr. Horton said anti-loitering laws tended to be constitutionally treacherous. Mr. Karpinos expressed his concurrence. Council Member Capowski inquired whether it was fair to characterize the persons at Sunday night's disturbance as being young and from out of town. Mr. Horton said this was correct. He added that there was general agreement among the Town's police officers that seventy-five to eighty percent of the persons involved in the incident were from out-of-town.

Council Member Werner inquired about the Town's public safety relationship with the City of Durham. Noting that he had spoken to Durham City Manager Orville Powell earlier in the day, Mr. Horton said efforts were being made to restore old working relationships. Council Member Brown inquired about working relations with Alamance County. Mr. Horton said although Alamance County officials were always very generous in assisting with community events, he did not know about the status of specific daily interactions between the two departments.

Council Member Chilton said he had heard from a number of constituents present at the incident had expressed their appreciation for the positive manner in which the situation was handled. Council Member Powell said she had heard similarly positive comments from constituents. She also expressed concern about persons bringing potentially vicious dogs to the Town's street fairs. Council Member Powell inquired about the possibility of having officers from area Police departments attend future community events to identify familiar persons. Mr. Horton said this was a good idea which could be further explored. Council Member Herzenberg noted that the Town had a policy prohibiting dogs (excluding seeing eye guide dogs) at the Town's street fairs. He also said that signs to this effect had been posted at Apple Chill. Mayor Broun requested that Mr. Horton convey the Council's thanks to the Police Department for the department's handling of the incident.

Noting that her septic system had failed several weeks ago, Judy Bergman, a Mount Bolus Drive resident, said the area's sewer management system was not working. Ms. Bergman said Orange Water and Sewer Authority (OWASA) staff had estimated initial Mount Bolus infrastructure improvements to be $350,000 or about $6,000 per household plus OWASA attachment fees. She stated that estimated fees per homeowner would be $10,000 to $13,000 plus acreage, plumbing and hook-up fees. Ms. Bergman said similar fees in Raleigh and Durham totalled $4,000 to $5,000 per household. Stating that Mount Bolus Road residents had paid $60,000 to $80,000 in water and sewer taxes over the past decade, she presented a petition requesting the Council's assistance in reducing sewer hook-up fees for the area's residents.

Council Member Andresen requested that the Manager provide a follow-up report on the possible use of water and sewer tax proceeds for water and sewer projects. Noting the broad scope of water and sewer service problems, Council Member Andresen said many agencies would need to work together to adequately address the situation. She requested that the Manager recommend a process for initiating discussions with Orange County, OWASA and the Town of Carrboro on problems of this type. Mayor Broun emphasized the importance of moving ahead as quickly as possible on water and sewer service concerns. Council Member Herzenberg inquired about the nature of the Mount Bolus sewer service item on OWASA's upcoming agenda. Mr. Horton said the board would consider alternate resolutions concerning engineering design and setting cost ceilings for the Mount Bolus project.

Noting the importance of moving ahead expeditiously with water and sewer service concerns, Council Member Werner suggested holding a meeting with OWASA during the next four to six weeks. Council Member Andresen said OWASA board members were expecting to meet with the Council in the near future. Council Member Brown inquired whether health and safety issues were also involved. Mr. Horton said yes. Council Member Capowski also suggested that the Council discuss the Town's concerns about sprinkler fees at the joint meeting. Council Member Andresen said water and sewer service availability problems were quite extensive. She noted that the County's Environmental Health department would attempt to assist with major health-related problems and make recommendations.

Item 1 Timber Hollow SUP Modification/Latter Day Saints SUP

Persons wishing to testify in the matter were sworn by the Town Clerk. Mr. Horton requested that application materials and comments be entered into the record of the hearings. Mayor Broun concurred.

Noting that the Timber Hollow special use permit had been approved in 1985, Planning Director Roger Waldon provided an overview of the application and related issues. Mr. Waldon requested that his comments apply to both hearings. He said the applicant was requesting the release a portion of the Timber Hollow special use permit to construct a worship building for the Church of Latter Day Saints. Mr. Waldon said the staff's preliminary recommendation was approval of the requests. He noted that there had been considerable discussion at the Planning Board's hearing concerning the connection of Mendel Drive and a five-foot bicycle and pedestrian pathway.

Council Member Herzenberg inquired whether any of the Timber Hollow apartments had Mendel Drive street addresses. Mr. Waldon said staff could investigate this matter. Council Member Andresen inquired about steep slopes on the site. Mr. Waldon reviewed steeply sloped areas, especially along a creek running the northern boundary of the site. Council Member Capowski inquired whether 250 parking spaces was adequate to accommodate a facility with 1,000 seats. Mr. Waldon said he believed that this would be adequate parking on the basis of discussions with the applicant. Council Member Capowski inquired whether water and sewer service was available to the site. Mr. Waldon said service was available. Council Member Werner said he hoped that persons in attendance realized that the Council generally did not support the proposal to connect Mendel Drive.

Phil Post, the applicant's representative, indicated that only one of the two phases of the Timber Hollow project had been built. He stated that required site improvements for both phases of the Timber Hollow, including widening of Airport and Piney Mountain Roads, had been completed. Mr. Post stated that in 1985 the Council had approved a special use permit which did not call for the connection of Mendel Drive. He expressed concern that changing prior special use permit conditions would set a bad precedent for the Council. Council Member Capowski inquired whether the Church of Latter Day Saints would be responsible for site improvements. Mr. Post said no, noting that Timber Hollow no longer owned the property adjoining the apartments. Mr. Post added that the applicant requested that the Council approve Resolution A and eliminate the special use permit for Timber Hollow Phase II.

Planning Board Member Martin Rody said the Board had reviewed the project at great length. Mr. Rody also said the Planning Board and Council had philosophical differences on roadway connections. He suggested that the Council and Planning Board could possibly jointly discuss these concerns in the future. Mr. Rody noted that the Board felt it would be difficult for emergency vehicles to enter and exit Forest Creek Drive. He said the Board recommended adoption of Resolution B.

Noting that the Council had discussed the policy issue of road connections many times, Council Member Andresen said she looked forward to jointly discussing Planning Board concerns. She stated that Council's policy was not to ask existing neighborhoods to handle additional traffic. Council Member Rimer said putting a road through the existing neighborhood would be a manifest error. He said the matter of a pedestrian/bicycle way connection merited additional discussion and consideration.

Jeffrey Krolik said he had recently purchased a home at the corner of Mendel and Forest Creek Drives. Noting that a previous Council had prohibited the connection of Mendel Drive, Mr. Krolik said the Planning Board's recommendation for connection of the roadway did not cite any benefits accruing from the proposed connection. He expressed concern that connecting Mendel Drive would inevitably result in a decrease in safety and quality of life in his neighborhood. Mr. Krolik said he favored leaving matters as they were concerning street and pedestrian connections.

Robert E. Doherty, 308 Old Forest Creek Drive, said he was surprised to read that the Planning Board was recommending the connection of Mendel Drive to Old Forest Creek Drive. Mr. Doherty said he had been assured that there were no plans to extend Mendel Drive. He stated that the overwhelming majority of area residents opposed the extension of Mendel Drive. Mr. Doherty said he had not previously heard about the proposed pedestrian connection of Mendel and Old Forest Creek Drives.

John Devine expressed his concurrence with Mr. Krolik's and Mr. Doherty's remarks.

Bree Laurel said she did not favor any type of improvement including a bicycle path.

Esther Majathan said there was an existing unpaved pedestrian connection between Mendel and Old Forest Creek Drives. Ms. Majathan showed several slides of the natural beauty and landscaping in the area. She stated that the existing pedestrian way adequately served the needs of all area residents.

Council Member Rimer inquired whether the path became muddy during rainy periods. Ms. Majathan said yes, noting that Chapel Hill gravel or French drains might be used to mitigate this situation. Council Member Brown inquired about the rationale for the proposed paved pedestrian and bicycle pathway between Mendel and Old Forest Creek Drives. Mr. Horton said the suggestion was made to facilitate use of the path during wet weather periods. Council Member Brown requested additional information on using Chapel Hill gravel for the pathway. Mr. Horton said this information could be provided. Council Member Rimer requested that staff investigate the possibility of using other natural materials for the pathway.

Council Member Capowski inquired about the possibility of requiring the Church of Latter Days Saints making additional site improvements. Mr. Horton said he was not sure there were ways to require additional improvements. Mr. Karpinos said staff could provide additional information in its follow-up report. Mayor Broun said he favored keeping the area as natural as possible. Council Member Herzenberg said if there were no street addresses on Mendel Drive, it might make sense to change the street's name. Esther Majathan noted that one section of the road was spelled Mendel while the other was spelled Mendal Drive on street signs. Noting that he realized the applicant was opposed to additional site requirements, Mayor Broun said the central issue appeared to be whether a connecting pedestrianway would be required. He inquired about the applicant's sentiment on providing a pathway. Mr. Post said this condition might be added to the Latter Day Saints application.

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

Latter Day Saints Application

Bryant Baker, the applicant's representative, expressed appreciation for the Planning staff's assistance throughout the review process. Mr. Baker briefly reviewed the proposed project layout noting that efforts would be made to limit disturbance on the site, including steeply-sloped areas. He stated that the church had several relatively small congregations, a number of which might use the facility each Sunday. Mr. Baker said the church was a regional center, with up to one thousand persons attending some gatherings. He requested that the Council approve the application with conditions.

Planning Board member Martin Rody reviewed the Board's recommendations, noting that the Board recommended adoption of Resolution B.

Council Member Capowski inquired whether there were existing sidewalks and bicycle paths along the Airport Road property frontage. Mr. Post said an eight-foot wide joint bicycle path and sidewalk was in front of the property. Council Member Brown inquired about proposed site grading and storage. Mr. Baker said site grading would be minimal. Council Member Andresen said she was especially interested in erosion control relative to creek running through the proposed site. Alan Ritz, the project's civil engineer, said he had met with Orange County officials on the matter. He said that site runoff would be captured prior to being disbursed onto the remainder of the property. Council Member Rimer inquired whether the applicant had considered alternatives to an asphalt-paved two hundred and fifty space parking lot. Mr. Ritz said an oversized subsurface drainage system would be used to detain water below ground. He added that strategies to disturb less of the site area would be used. Council Member Rimer said he would be interested in seeing the applicant's final plans. Mayor Broun inquired whether the applicant agreed to the proposed conditions of approval. Mr. Baker said yes.

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

Item 2 Greybluff Subdivision

Persons wishing to testify in the matter were sworn by the Clerk. Mr. Horton requested that related materials be entered into the record of the hearing. Mayor Broun concurred with the request.

Planning Director Roger Waldon reviewed the request for subdivision of 77 lots on 62 acres and identified surrounding parcels. He said the staff's preliminary recommendation was approval with conditions. Council Member Werner inquired about the location of Rocky Hill relative to the proposed subdivision. Mr. Waldon pointed out the locations. He noted that the applicant did not concur with the staff's recommendation concerning roadway and bicycle lane improvements on Weaver Dairy Road. Council Member Andresen inquired about the viability of further widening Weaver Dairy Road in the area. Mr. Waldon stated that Weaver Dairy Road was being widened in increments as development occurred. He added that it was not possible to accommodate travel and bicycle lanes along all areas of Weaver Dairy Road. Mr. Waldon said the staff recommended that the four feet for a bicycle lane could possibly be achieved by narrowing twelve foot travel lanes to eleven feet. Council Member Andresen asked whether this was predicated on a five-lane roadway. Mr. Waldon said this was correct. Council Member Rimer inquired whether the ultimate plan was for a stubout in the Greybluff subdivision to connect Weaver Dairy and Sage Roads. Mr. Waldon said this was correct.

Bruce Ballentine said the project was a composite of two individual tracts of land, with the proposed subdivision located tangentially to Chesley subdivision, Section V. He said that an eventual tie-in to Sage Road was anticipated. Mr. Ballentine stated that it would be possible to save on grading and asphalt while making necessary improvements to Weaver Dairy Road. He briefly reviewed plans for modifying existing roadway cross-sections in a manner similar to standards used by the Town of Carrboro for bicycle lanes. Council Member Andresen inquired whether Department of Transportation approval would be needed for modification of roadway width standards. Mr. Ballentine said yes. Council Member Andresen said she hoped that the Department of Transportation would be flexible in this regard. Mr. Ballentine requested that the Council adopt Resolution A.

Planning Board member Martin Rody said the Board recommended additional bicycle lane paving along Weaver Dairy Road and the provision of greenway space by the applicant. He stated the Board recommended approval of the request with conditions.

Scott Radway expressed concern about the inadequacy of proposed sidewalk and recreation land requirements. He urged the Council to require that the applicant provide a recreation area and sidewalks.

Council Member Andresen said she favored examining the idea of locating a sidewalk on the Cedar Falls Park side of Weaver Dairy Road. Mr. Radway said the applicant's logic for requesting an exemption from recreation area requirements was that there was such an area located nearby. Mr. Radway said he favored the applicant making a payment-in-lieu for a recreation area and preserving recreation areas on the site. Council Member Andresen requested that staff explore how this might be accommodated.

Council Member Werner requested additional information on proposed greenways in the area. Mr. Waldon reviewed greenway proposals noting that the topography of Weaver Dairy Road was somewhat steep in some areas making construction of a greenway path problematic in some areas. Council Member Werner inquired about the possibility of connecting the greenway path to the proposed Rocky Hill greenway. Sally Jessee said the area was walkable and could possibly be connected via a greenway path. Ms. Jessee also noted that approximately 3,000 feet of sidewalk had been constructed along the south side of Weaver Dairy Road. Council Member Werner asked whether sidewalk would terminate at the new parking lot in Cedar Falls Park. Ms. Jessee said yes. Mr. Horton said staff could provide follow-up information on sidewalks.

Noting that property in the Resource Conservation District (RCD) had been deeded as part of the Town's greenway system, Council Member Capowski inquired whether protection was being given to an area which was already protected from development. Mr. Waldon said building was precluded in the RCD located along the creek on the site. Council Member Capowski inquired how the Resource Conservation District was taken into account when calculating recreation space requirements. Mr. Waldon said it was not taken into account. Council Member Andresen inquired how creek road crossings would be addressed. Mr. Waldon said the road would generally follow the contours of the creek except at the crossing point. Mr. Ballentine said a typical stream crossing was proposed. Council Member Andresen inquired whether the stream would be preserved in its present form. Mr. Ballentine said stream preservation was proposed except at the road crossing. Council Member Andresen said she was especially concerned about the proposed stream crossing. Council Member Andresen said she realized the crossing was difficult to accomplish without disturbing the area.

Council Member Werner inquired about the proposal for 1.4 acres of greenway along I-40. Mr. Waldon said this idea had been promoted by the Greenways Commission along the I-40 corridor. Council Member Werner inquired whether future greenways connections were proposed. Mr. Waldon said yes, adding that a continuous connection was not proposed. Mr. Ballentine added that Parks and Recreation staff had spoken to the North Carolina Department of Transportation about the possibility of locating a bikeway inside a buffer along I-40. Council Member Werner requested follow-up information on the proposed walking and bicycle trails. He also inquired about the project's stormwater drainage plan. Mr. Ballentine said stormwater would flow under Erwin Road to Eastowne and eventually into New Hope Creek. Council Member Werner said he favored four-foot bicycle lanes on the roadway as required for Rocky Hill.

Mayor Broun inquired whether the applicant agreed to the proposed conditions of approval. Sally Jessee said yes.

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

Item 3 Hardee's SUP Modification

Persons wishing to testify in the matter were sworn by the Clerk. Mr. Horton requested that application materials be entered into the hearing's record. Mr. Waldon reviewed the proposal to retrofit a drive-through service window on the site. He stated that buffering would be provided along U.S. 15-501 and Old Durham Road.

Council Member Andresen inquired about the proposed footprints of the existing and proposed buildings. Mr. Waldon said the existing building was more of a square building located closer to Old Durham Road. Council Member Andresen noted that the Town had a policy of not permitting drive-through windows in the downtown area. Mr. Waldon said staff could provide additional information on the Council's drive-through window policies in the follow-up report. Council Member Capowski asked whether there was a pedestrian cut-through on the site. Mr. Waldon said a retaining wall precluded cut-throughs. Council Member Rimer said some steps and a walkway could possibly be put in the vicinity of the retaining wall. He added that tractor-trailer trucks tended to tear up berms and roadsides. Council Member Rimer said this situation was both unsightly and dangerous. Council Member Werner inquired about the proximity of the exit onto the service road to the intersection of Old Durham Road and U.S. 15-501. Mr. Waldon said this could be measured. Council Member Rimer requested that applicants put a visual scale on maps. Council Member Werner inquired about pedestrian traffic from Blue Cross-Blue Shield to the restaurant. Mr. Waldon said there was no sidewalk along this part of the road.

Council Member Andresen asked whether neighboring property owners were informed of the proposed change. Mr. Waldon said the Town's standard development notification procedures had been followed.

Phil Post, representing the applicant, said the Appearance Commission had recommended the addition of a rock wall for decorative purposes. He also noted that Transportation Board had made recommendations concerning handicapped access for the site. Mr. Post said the applicant urged the Council to adopt Resolution A. He added that a hardscaped edge and no parking would be used to minimize problems with tractor-trailer trucks parking along the edge of U.S. 15-501. Mr. Post expressed his appreciation for the staff's and advisory board's constructive comments.

Council Member Werner inquired about the proposed number of parking spaces. Mr. Post said thirty-six spaces were proposed. Council Member Andresen requested that staff provide a map of the intersection of Old Durham Road and U.S. 15-501 in the follow-up report. She noted that opening the service road might contribute to the difficulty of traversing the area's intersections. Council Member Rimer said the driveway into the service road was about 180 feet, allowing the stacking of six to eight cars. He stated that this stacking distance took into account the Council's previous recommendations.

Council Member Brown said she thought the entire intersection, with the exception of Hardee's, was a difficult one. Noting that it was difficult to turn left or go straight at the intersection, Council Member Brown requested information concerning recent accidents at the intersection. Mr. Post noted that part of the plan was to double the size of Old Durham Road to reduce area congestion.

Council Member Capowski inquired how tractor-trailer truck deliveries would be made to the building. Mr. Post said the site was designed for good maneuvering room in and out of the site. Council Member Werner said he favored the proposed improvements. He expressed concern about left turns off U.S. 15-501 onto the service road. Mr. Post said nothing was proposed to help or hurt this situation.

Planning Board member Martin Rody said the proposed roadway improvements were very good ones. He said that the staff ought to examine the intersection carefully. Mr. Rody said the Board recommended adoption of Resolution B.

Pat Carstensen, Vice-President of the Cross-County Communities Association, thanked the Planning staff, Planning Board and Hardee's, the applicant, for sticking with the review process. Council Member Rimer inquired whether it would be possible to give the service road in front of the site to Hardee's. Mr. Horton said he suspected that the Department of Transportation would prefer to hold onto right-of-way in the area. Mr. Post said the applicant accepted the proposed conditions of approval.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The hearing concluded at 10:38 p.m.