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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 21, 1993

Mayor Broun called the meeting to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Barbara Powell, Alan Rimer and Arthur Werner. Council Member Julie Andresen was absent excused. 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 Continuation of Public Hearing on Proposed Watershed DOTA

Mr. Horton noted that approximately eight thousand notices had been forwarded to area residents concerning the proposed regulations. Planning Director Roger Waldon noted that about forty people had attended a public information meeting on the proposal on June 17th. Mr. Waldon stated that state law required that regulations to protect water supply watersheds be in place by July 1st. He briefly reviewed a map outlining a proposed five-mile Jordan Lake boundary protection line. Mr. Waldon noted that the proposed regulations would not apply to existing development continuing in its current use, construction substantially begun by July 1st, developments having vested rights or single and two-family developments on existing lots created by July 1st. He added that letters concerning the proposed regulations which had been recently received would be distributed to the Council with its June 28th agenda materials.

Council Member Capowski requested a clarification of vested rights relative to site specific development plans. Mr. Waldon noted that this type of situation had to be specifically approved by the Council. Council Member Capowski inquired about various forms of ownership relative to the proposed regulations. Mr. Waldon said state regulations were not as clear as desired. He stated that properties having vested rights were exempt from the proposed regulations. Mr. Waldon noted that the provisions pertaining to persons or corporations owning more than one lot might pose some hardships. Council Member Capowski inquired about the case of an individual owning a dozen lots. Mr. Waldon said individuals with vested rights could claim an exemption from the proposed standards.

Mayor Broun requested that Mr. Waldon briefly review the staff's basis for the proposed boundaries. Mr. Waldon reviewed the proposed five-mile arc noting that the boundaries had been drawn along streets or property lines. Mayor Broun inquired how instances such as structures being destroyed by tornadoes or other disasters would be addressed. Mr. Waldon said staff could provide detailed information in a follow-up memorandum. Council Member Rimer said the situation might be handled like language in the Town's Resource Conservation District (RCD) ordinance.

Planning Board representative Scott Radway said the Board's recommendation differed from the Manager's recommendation on the matter of the low-density option. Mr. Radway showed four graphics depicting different residential and non-residential development situations. Noting the impracticality of a dwelling unit basis, he stated that the Planning Board recommended a 24% maximum impervious surface for the low-density option.

Council Member Rimer inquired whether sidewalks could be considered the Town's responsibility when calculating impervious surface percentages for commercial projects. He also inquired whether the Planning Board had considered this possibility. Mr. Radway said this specific proposal had not been discussed. He also noted that new developments triggered the need for widened roadways and sidewalks in some cases. Council Member Werner stated that instances of internal streets and sidewalks would be somewhat more difficult to address. Council Member Rimer said he liked Mr. Radway's analysis. Council Member Werner inquired whether the Planning Board had explored the feasibility of different regulations for different parts of the Town. Mr. Radway said the Board had discussed differences in potential development for properties located north or south of U.S. 15-501. He added that the Board was unable to evaluate how much vacant land was located in the affected and unaffected areas. Council Member Werner inquired whether the Planning Board would be interested in pursuing this approach further. Mr. Radway said he believed the Board would be interested. Council Member Brown inquired about the Planning Board's reaction to a low-density limit of one dwelling unit or 12% impervious surface. Mr. Radway said this proposal was unanimously rejected by the Planning Board.

Noting that the State was suggesting a 24% maximum impervious surface while the Manager suggested 12%, Council Member Capowski inquired whether the standards applied to all lakes or just Jordan Lake. Mr. Horton said the standards were statewide based on the classification of individual watersheds. Council Member Capowski inquired whether Triangle J's recommendation for a lower percentage of impervious surface was related to geological attributes. Mr. Waldon said he did not believe this was necessarily the case. Mr. Horton noted that the staff had taken the Council's earlier direction into account when developing its revised recommendation.

Mr. Radway noted that the Planning Board recommended regional and subregional watershed areas as the most efficient means of environmental protection.

Joan Bartel, representing the Stormwater Management Committee, said the Committee felt that a 70% impervious surface maximum for high-density areas would be excessive. She added that the Committee recommended integrating all three ordinances into a single policy. Ms. Bartel stated that the Committee felt that voluntary redevelopment should require review for watershed protection standards.

Daniel Jones, an attorney, engineer builder and area resident of over twenty years, said the proposed standards were too stringent, especially for smaller developments. He suggested that the Council consider leaving existing regulations unchanged.

John Morris requested an exemption for multiple lots under single ownership having vested rights, as outlined in Article 10.3.2 of the proposal. Mr. Morris noted that he was currently involved in purchasing several lots in the Oaks Villas subdivision. Mr. Morris requested that lots 2a and 8 of tax map 27, the Domino's and Home Health Agency properties along U.S. 15-501 be excluded from the proposed watershed protection area boundary. Mr. Morris also urged the Council to adopt a low-density standard of 24% maximum impervious surface, rather than 12%.

Joe Hakan requested a clarification of Section 10.3.3 concerning redevelopment in the event of fires, tornadoes or other disasters. Mayor Broun said staff had indicated that it would provide additional information in a follow-up report to the Council. Council Member Werner inquired whether Mr. Hakan was suggesting a change in Resource Conservation District (RCD) rules. Mr. Hakan said he was seeking a clarification of proposed regulations pertaining to watershed protection.

Bill Bracey said he was gratified by the Planning Board's suggestion of a regional approach for watershed protection. Mr. Bracey said he hoped that the southern small area plan would not need to revamped because of the proposed new regulations. He emphasized the importance of balancing the protection Jordan Lake while accommodating future economic development.

Tom Heffner outlined his concerns about sections 10.3.1 and 10.3.2 concerning vested rights and single ownership of multiple lots. Mr. Heffner said vested development rights were an extremely complicated issue. Mr. Heffner added that he spoken to Division of Environmental Management officials and the Deputy Attorney General about multiple lot ownership provisions. He also urged the Council to carefully examine low-density standards to permit 24% impervious surface coverage rather than 12%. Mayor Broun inquired whether State officials had indicated that multiple lots under single ownership would have to be included in the regulations. Mr. Heffner said he believed so. Council Member Powell requested additional information concerning Section 10.3.1 pertaining to multiple lots under single ownership. Mr. Heffner said several counties and municipalities and counties around the state did not have zoning or subdivision regulations meaning that individuals could unilaterally record subdivisions. He added that this situation could not happen in the Town due to existing development regulations.

Ed Harrison thanked the Council for continuing the hearing on the proposed regulations. He added that the proposed ordinances had improved steadily throughout discussions. Mr. Harrison stated that he owned a 1,500 square foot house on a 1/3 acre lot in the Colony Woods area. He suggested that the Council consider studying the feasibility of regional stormwater detention basins. Mr. Harrison also emphasized the importance of integrating water quality ordinances to regulate diversity. Mayor Broun inquired whether Mr. Harrison favored a 24% impervious surface maximum for low-density standards. Mr. Harrison said yes, noting that the RCD and other ordinances could supplement the watershed protection ordinance.

Mike Hoffer, a local business person, expressed concern that the proposed regulations would make small commercial properties undevelopable. Mr. Hoffer said he favored a 24% impervious surface limit, rather than 12%. He inquired about the status of existing commercial properties and future requirements to pay for regional detention facilities. Mr. Hoffer urged the Council not to forget about the needs of small business owners.

Noting that over half the land would be affected by the proposed regulations, Joel Harper, Executive Director of the Chapel Hill-Carrboro Chamber of Commerce, said the proposal would have a tremendous impact on future potential growth areas. He expressed concern about the potential for skewed development to occur in the northern and western portions of the Town, not impacted by the new watershed protection regulations. Mr. Harper inquired who could answer questions pertaining to the proposed regulations. Council Member Werner said Town staff was the best resource.

Council Member Rimer inquired how the proposed ordinance interacted with the proposed Southern Village and southern small area plan. He inquired whether the Southern Village had been planned with these requirements in mind. Mr. Waldon said this was correct. Council Member Rimer inquired why the Oaks III subdivision was not included in the table of approved residential projects. Mr. Waldon said the table was intended to be illustrative. Council Member Rimer suggested that zoning categories might be used as a decision-making criteria in concert with the proposed regulations. Mr. Waldon said staff could examine this possibility.

Council Member Rimer inquired whether the Town could ultimately have responsibility for ensuring University compliance with the proposed watershed regulations. Mr. Waldon said the University would need to comply with State regulations enforced by the Environmental Management Commission. Mr. Horton said University staff was taking the proposed regulations very seriously. Council Member Brown inquired whether the State would have greater enforcement authority in the event that Town regulations were more stringent than State regulations. Mr. Horton said it was not possible to give a complete answer this evening. He added that University development projects would be regulated by the State rather than the Town. Council Member Chilton said the situation was more complicated than the University not having to obey stricter requirements. Town Attorney Karpinos said a proposed ordinance outlining possible watershed development standards was before the Council. He noted that there were no provisions in the proposed ordinance to exempt University properties.

Council Member Rimer requested that staff put Triangle J's policy recommendations on the proposed regulations into perspective. Mr. Waldon said Triangle J's prevailing thought was of the need to be reasonably restrictive concerning future development in the watershed. He added that Triangle J and Town staff felt that 24% impervious surface coverage for low-density development was not sufficiently restrictive. Noting that a five-mile protection area was a somewhat arbitrary limit, Council Member Werner said lower impervious surface areas would likely foster better water quality. Council Member Werner said a Town-wide examination of impervious surface coverage was probably well-advised. He noted that there were very few one-acre lots between Franklin Street and U.S. 15-501 bypass. He added that the Stormwater Management Committee had discussed the possibility of tying watershed protection requirements to zoning districts. Council Member Werner noted that the Town's recently-adopted Southern Small Area Plan recommended having low-density zoning south of U.S. 15-501. He added that small detention basins were generally a bad idea. Council Member Werner said regional detention basins could be sited in relatively undeveloped areas of the Town while it would be more difficult to install and finance regional facilities in developed areas.

Council Member Capowski requested that the staff's follow-up report address Mr. Hoffer's concerns about the impact of voluntary commercial expansions on proposed watershed protection regulations. He also requested additional information on the permissibility of reconstruction in the event of fires, floods and other disasters.

Council Member Capowski inquired whether the proposed ordinance had similar applications for residential and commercial projects. Mr. Horton said the basic applications were similar. Council Member Capowski inquired whether drainage north of Franklin Street ultimately flowed into Jordan Lake. Mr. Waldon said this was correct. Council Member Capowski inquired about the viability of using non-impervious driveway surfaces. Mr. Waldon said although there were some exceptions, most driveway surfaces were impervious. Council Member Capowski noted that multiple lots owned by one person were not necessarily always contiguous. He requested that the staff's follow-up report respond to Mr. Rizzo's request for an exemption from the proposed standards. Council Member Brown inquired about the proposed timeframe for implementation of an integrated stormwater management plan. Mr. Horton said this was contingent upon the Stormwater Management Committee's completion of its activities.

Mayor Broun noted that the Council needed to adopt initial standards by July 1st. He stated that the provision of specific guidance to Town staff would be very useful. Mayor Broun said that there appeared to be a great deal of interest in addressing the matter of single owners of multiple lots. He requested that the staff carefully examine the matter of redevelopment following disasters and acts of God. Council Member Rimer said he did not think that the Resource Conservation District (RCD) ordinance should be used for comparative purposes. Mayor Broun inquired about the Council's view on impervious surface percentages for the low and high-density options. Council Member Werner suggested that the Council use 24% and 50% as benchmark percentages.

Council Member Powell noted that no one had spoken in favor of a 12% guideline. Council Member Powell said although she thought 12% was a good idea for preserving water, 24% was a much more practical guideline. Council Member Brown requested more detailed information concerning Triangle J's and the staff's recommendation of 12%. Council Member Rimer said he did not think it would be possible to receive definitive information from Triangle J by Wednesday. He suggested that staff contact City of High Point staff to find out about High Point's recently enacted watershed development ordinance. Mayor Broun stated that the Town might wish to impose a 12% standard in the future. Council Member Werner suggested that the Council adopt a resolution outlining a proposed schedule in concert with adoption of the proposed ordinance.

Council Member Capowski inquired what State regulations said about single ownership of multiple lots. Mr. Horton said the exemption applying to single-family lots did not apply to single families or individuals having multiple lots but did not apply to vested rights situations. Council Member Capowski said it seemed that the 24% limit was much more in balance with existing Town development regulations. Mayor Broun said he thought the Council had a consensus on a broad outline of the proposed ordinance.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY AND RECESS THE HEARING TO JUNE 28TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 2 Places of Worship DOTA

Mr. Waldon briefly reviewed the proposal. He noted that staff thought the proposal was a good idea. Mr. Waldon said staff recommended adoption of the proposed ordinance text amendment.

Planning Board representative Scott Radway said the Board supported the staff's recommendation. Council Member Capowski inquired whether the Town had three different types of streets. Mr. Waldon said this was correct, noting that the three types were local, arterial and collector streets.

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

Item 3 Historic District Exterior Structural Changes

Mr. Waldon said the item was presented in response to a request by the Historic District Commission. He briefly reviewed the proposal. Mr. Waldon stated that staff recommended adoption of the proposed text amendment. Planning Board representative Scott Radway said the Board supported the Historic District Commission's recommendation. Historic District Commission Chairperson Mary Arthur Stoudemire reviewed the Commission's proposal.

Council Member Brown inquired why the provision concerning visibility from the right-of-way was contained in the existing ordinance. Mr. Horton said they would do their best to make a determination in this matter. Council Member Chilton inquired whether or not a structure was visible from the right-of-way would be a decision-making criteria for the Commission. Mr. Horton said whether or not a structure could be seen would be immaterial in the decisionmaking process. He emphasized the importance of following guidelines and details of the ordinance in a consistent manner.

Council Member Chilton said although he understood why the new language was being proposed, visibility from the public right-of-way was still a legitimate criteria for consideration. Mr. Horton said the staff would do they best they could to think the matter through.

Council Member Herzenberg said there were extremely few cases where structures were not visible from the public right-of-way since lot sizes in the historic district were not very large. Council Member Powell inquired how Council Member Chilton's suggestion differed from the proposal. Council Member Chilton said there was not much difference. Council Member Chilton stated that his major point was that visibility from the right-of-way would give greater latitude to the Commission.

Historic District Commission Member James Webb emphasized the importance of providing integrity in the Town's historic districts. He added that the proposed provision would be very useful to the Commission in the future.

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

Item 4 Historic District Demolitions

Mr. Horton said the proposal was to extend demolition period in historic districts from 180 to 365 days. Mr. Waldon said the staff thought the proposal was a good one and recommended its adoption.

Planning Board Member Scott Radway said the Board unanimously supported the proposal. Mary Arthur Stoudemire said the Commission also recommended the proposal.

Council Member Herzenberg noted that the Commission had only requested one delay since 1977.

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

Item 5 Downtown Service District Boundary

Mr. Horton said the District's boundaries were reviewed annually. He said staff recommended adding properties at 202 West Rosemary and 108 Graham and deleting one at 106 Kenan. Council Member Capowski inquired whether the Elks Club at 108 South Graham was exempt. Mr. Horton said he was not sure.

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

The meeting concluded at 9:55 p.m.