MINUTES OF A PUBLIC HEARING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, SEPTEMBER 20, 1993 AT 7:30 P.M.

Mayor Ken Broun called the meeting to order at 7:30 p.m. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Barbara Booth Powell, and Art Werner. Council Member Alan Rimer was absent excused. Also in attendance were present were Acting Town Manager Sonna Loewenthal, Long Range Coordinator Chris Berndt, Development Coordinator Jennie Bob Culpepper and Town Attorney Ralph Karpinos.

Item 1 Comprehensive Housing Assistance Program

Ms. Berndt stated that the purpose of this evening's hearing was to receive citizen comments on the community's housing goals. She said that notices had been sent to organizations and individuals informing them of the hearing. Ms. Berndt noted that comments made at the hearing would be considered in developing an up-to-date housing plan.

Ms. Berndt said that the Council had received materials outlining the currently adopted plan, and that these materials would be updated. She noted that the updated plans would incorporate 1990 census data so we would have a better picture of the community's needs. Ms. Berndt emphasized that the Comprehensive Housing Assistance Program was a joint effort of the Town, Orange County and the Town of Carrboro. She said the next step in the process would be to refer comments received tonight to the Manager and the Housing and Community Development Advisory Board. Ms. Berndt added that other jurisdictions were also holding hearings on proposed program. She also stated that a plan would then be developed for a joint public hearing to be held on October 14th. She said the ultimate goal was to prepare a plan which could be adopted by all three jurisdictions.

Council Member Andresen called attention to the discussion section of the staff's memorandum outlining various goals of the proposed plan, including the provision of homeownership opportunities to persons earning eighty percent or less of the median income. She asked whether or not this document fairly represented the conclusions of the previous Council work session. Ms. Berndt said yes. She added that staff had examined a number of housing rental and homeownership opportunity programs, including transitional housing programs. Council Member Andresen said she understood Ms. Berndt to be saying that staff would develop goals utilizing comments at this evening's hearing. Ms. Berndt said this was correct.

Charles Zimmerli, representing the Orange County Affordable Housing Coalition, stated that the group was formed after the 1992 Public Private Partnership meeting focusing on housing matters. Mr. Zimmerli said he felt that there was a need for a simple one-page summary explaining the Comprehensive Housing Affordability Strategy and its objectives. He stated that the Orange County Affordable Housing Coalition felt that there were three primary objectives: (1) funding transitional housing for women and children and single room occupancy homes, (2) provision of affordable rental housing, and (3) fully funding a housing rehabilitation program. Mr. Zimmerli invited the Council to take a tour of each the Town's public housing neighborhoods in order to evaluate minimum standards of the units.

Douglas Parrish, representing the Pine Knolls Housing Development Corporation, stated that the Pine Knolls project was aimed at low-income families. He said the program gave families a chance to own their own homes. Mr. Parrish emphasized the importance of volunteer support in making the program work.

Eva Metzger, Chair of the Housing Committee of the Chapel Hill-Carrboro League of Women Voters, stated that the National League of Women Voters had a policy of promoting improvement in housing for low income families and individuals. She stated that the League recommended that highest priority be placed on housing for the homeless, transitional housing for single persons coming out of a shelter, and the availability of Section 8 funds. Ms. Metzger said people who were able to pay market rents, with or without Section 8 aid, should be mainstreamed into private housing. Ms. Metzger said the Town needed much closer supervision of landlords who accepted Section 8 recipients, and that new public housing should be constructed as needed.

Barbara Cooper, a volunteer at the Interfaith Council Community Shelter, express concern about substandard living conditions in parts of Orange County. Ms. Cooper expressed concern that homeless persons were sometimes mistreated. Ms. Cooper said every effort should be made to find homes for homeless persons. She said if landlords accepted Section 8 funds, they should be held responsible for meeting all related housing standards.

Glenda Worrell, a public housing resident, said she wanted to own a home of her own. Ms. Worrell said she felt it was important that the community help as much as possible in addressing the community's housing needs.

Tim Williams, Adult Services Coordinator for the Orange-Person-Chatham Mental Health Center, stated that a majority of the program's clients could live independently with support services. He said the single most important consideration in making this work was the availability of safe and affordable housing. Mr. Williams stated that disabled person's incomes averaged less than one-third of the median income, and that rents in the Town and County were too high. He also said the waiting lists for subsidized housing were long and that many homes were unsafe or below minimum housing standards. Mr. Williams expressed concern that some landlords did not want to rent to disabled persons or to Section 8 recipients. Mr. Williams said his program conducted a survey which found that forty homes were substandard and another ninety were inappropriate in one way or another. He said Orange-Person-Chatham (OPC) Mental Health had developed thirteen housing units and planned to develop thirteen more. Mr. Williams encouraged other housing organizations to work with OPC Mental Health to solve the community's housing problems. He also said the Town could possibly waive development review fees and assign a Town staff member to work with OPC in developing its housing objectives.

Karen Dunn, Director of Club Nova, stated that she was especially concerned about adults with mental illness. She said the mentally ill deserved safe housing using Section 8 funds. Ms. Dunn said many landlords would not accept Section 8 funds if it entailed renting to mentally ill persons. She said this issue needed to be addressed in the near future. Ms. Dunn said that rents are high in Chapel Hill and it is hard to afford an apartment or house. She said this forces the mentally ill to live in substandard housing.

Ed Hudgins referred to a federal regulation, Section 202, which permitted money to be borrowed and paid back in very small increments. He stated this should be looked at as an option for the mentally ill and homeless.

Jackie Pottisall, a resident of Carrboro, said she favored additional Section 8 housing opportunities to provide decent and affordable housing.

Rosemary Hutchinson, representing the Orange-Person-Chatham Foundation for Mental Health, said her organization attempted to promote and fund housing for the mentally ill. She added that OPC Mental Health had purchased thirteen apartments behind Club Nova and an additional group home. Ms. Hutchinson stated there was a great need for housing in the area. Ms. Hutchinson said she favored the Town providing housing opportunities for very-low income, mentally ill and physically disabled persons.

Mary Eldridge stated that the mentally ill and disabled generally earned much lower incomes, necessitating housing subsidies. Ms. Eldridge said that Section 8 funding was only one answer to the community's housing problems. She urged the Council to request that the United States Department of Housing and Urban Development raise fair market housing rent levels so that additional housing opportunities could be provided to low-income persons. Council Member Andresen inquired about the Town's current fair market rent levels. Ms. Eldridge stated that HUD's standard was thirty percent of income.

Gail Stern emphasized the importance of building affordable rental housing for very low-income and elderly persons. She said these efforts should be geared to persons whose incomes ranged between $12,000 and $30,000 for two or more persons. Council Member Brown requested additional information concerning Ms. Stern's ideas. Ms. Stern said she would provide this information.

Brenda Harris said there was a lack of affordable housing for very low-income persons and the problem was becoming worse. She said although there had been many proposed projects, none of them had been implemented. Ms. Harris said many low-income families were homeless or living in substandard housing. She said although these people were the working poor, they were nonetheless homeless because rents were too high and salaries were too low. Ms. Harris emphasized the importance of providing housing opportunities for very low income families and persons. She emphasized the need to encourage builders to build more housing for the truly needy.

Peggy Pollitzer stated that the community had tremendous needs for affordable rental units, homeownership, and additional Section 8 housing. She said the traditional minority community was being eroded because more people were becoming homeless and the student population was moving into these areas. Ms. Pollitzer said more subsidies were needed for low income families, and that southern Orange County needed more affordable housing. Ms. Pollitzer said housing needs of very low income persons had reached the crisis stage. She said many families lived at the homeless shelter because they could not afford to pay rent in the community.

John Harper, representing Orange County Habitat for Humanity, said he had been working with Town staff on several affordable housing projects. He stated that taxes on a Habitat for Humanity house built in Culbreth Park were approximately $117 per month. Expressing concern that residents could not afford these rates, Mr. Harper requested verification of his figure. Mr. Harper said a typical Habitat for Humanity home cost approximately $42,500 to construct. He added that due to topographical and utility-related requirements, it was almost impossible to construct homes in the Culbreth Park subdivision for this amount of money. Mr. Harper stated that property taxes in other communities were Habitat for Humanity constructed homes averaged $33 per month. Noting the Council's inability to waive or reduce tax rates on an individual case basis, Council Member Werner inquired about Mr. Harper's proposed remedy. Mr. Harper replied that the Town could provide additional housing subsidies.

Maxecine Mitchell, a former public housing resident and current member of the Interfaith Council Board of Directors, said she was fortunate to own a home constructed by Habitat for Humanity. Ms. Mitchell strongly encouraged the Town to provide housing assistance to families and persons making less than $20,000 per year. She suggested that the Town consider placing a ceiling on public housing rental rates. Ms. Mitchell also requested that the Council consider providing housing ownership subsidies to low income families.

Joanne Shirer, Vice-Chair of the Public Housing Residents Council, spoke on behalf of public housing residents. She said public housing living conditions needed improvement, including the installation of new cabinetry. Noting that insects and rodents were problematic in some apartments, Ms. Shirer urged the Town to provide a higher level of pest control services. She also said many apartments needed painting inside and out and residents should be able to paint their own apartments at public housing expense. Ms. Shirer said maintenance and community playgrounds were inadequate. She said many children were playing in the streets due to inadequate facilities. Ms. Shirer said appliances in public housing units were of inferior quality. She also stated that smoke detectors did not always work and that many glass doors required replacement. Ms. Shirer said public housing residents should be hired to help contractors perform work on their homes. She emphasized the need to improve living conditions for all residents.

Virginia Barbee said she was glad to see the level of interest in the provision low income housing. Ms. Barbee also said she thought that additional housing ownership and subsidy programs were needed. She stated that programs of this type might be helpful in preserving historically minority neighborhoods.

Council Member Andresen and Mayor Broun requested that staff respond to citizen concerns outlined this evening in their follow-up report to the Council.

Council Member Chilton noted that the Town currently had several vacancies on the Housing and Community Development Advisory Board. Council Member Chilton encouraged interested parties to obtain an application form from the Clerk's Office. He also thanked all persons who had expressed their views on the community's housing needs.

Council Member Powell thanked the evening speakers for their remarks. Council Member Powell inquired how the Town might participate in a new federal housing program for the elderly. She noted that the program permitted federally-subsidized homes to be constructed on land which had been donated by a friend or relative.

Council Member Werner noted that the Council had explored the possibility of implementing inclusionary zoning a number of years ago as a means to address some of the community's housing Affordability problems. He noted that this proposal had been rejected by the General Assembly. Council Member Werner urged the Council to renew its efforts to receive enabling legislation for inclusionary zoning. He also noted that the IFC Community Shelter was not adequately designed to accommodate the number of homeless women and children needing the facility. Council Member Werner suggested that the Council consider utilizing the former library building as a homeless shelter for women and children.

Council Member Rimer noted that the students in his City and Regional Planning class had found the same public housing problems in their studies this year that had been reported a year ago. He stated that painting public housing units was a good maintenance practice. Council Member Rimer said he would be glad to provide the Council with photographs of conditions at the Town's public housing units.

Council Member Brown asked the staff for more information on the possibility of making State laws pertaining to housing more flexible. She also asked for additional information on the thirteen units of housing built by Habitat for Humanity and HUD's Section 202 program.

Council Member Herzenberg said that many excellent points had been made by this evening's speakers. Council Member Herzenberg also said it would be helpful to know more about problems with Section 8 housing and how the Town should approach these problems. He stated that the Council needed more information on how to get more apartment complexes to administer Section 8 housing. Council Member Herzenberg expressed hope that the Council would increase its commitment to transitional housing programs. He also emphasized the increasing need for the provision of housing for persons with AIDS.

Council Member Powell requested that staff examine the possibility of placing a ceiling on public housing rental rates so that tenants could begin saving for a home in the private market.

Council Member Andresen requested a status report on the feasibility study of some public housing units being sold to the present residents.

Mayor Broun noted that this evening's hearing had been the first significant input to the Council on the housing needs of persons with physical and mental disabilities. He said that many important points had been made this evening that were new to him, and they would need to be followed up on by staff. Mayor Broun said he would be very anxious to see a program in place that would give greater empowerment to maintenance decisions made in setting priorities for maintenance of public housing units.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 2 Proposed Chapel Hill-Carrboro Boundary Agreement

Mayor Broun stated that Council Members Andresen, Capowski and Herzenberg had served on a committee with Carrboro Town staff to work on this agreement. He said their work had started in April, 1992 and had been completed during the summer. Mayor Broun commented that when the Comprehensive Joint Planning Agreement was signed there was a future annexation line drawn between the Towns in the extraterritorial area, but there had been no annexation agreement for the joint planning area. He said the committee was charged with drawing this line. Mayor Broun said the problem area was located along Smith Level Road. He said the majority of the property in question was in the Town's jurisdiction, but the owners wanted to be annexed into the Town of Carrboro. He noted that the committee was able to arrive at an amicably negotiated agreement.

Mayor Broun said the Town's recommendation was to move the line a few hundred feet west to the center line of Smith Level Road, but the Town of Carrboro wanted equal territory gained if they were to give up this land. He noted that a compromise agreement was reached. Mayor Broun stated that the two towns were very interested in future development along Smith Level Road and that the scenic vistas should be preserved. He said the planning staff negotiated an agreement with the North Carolina Department of Transportation that Smith Level Road would be four lanes from the center of town southward to Rock Haven Road but not beyond that point. Mayor Broun said the committee was interested in seeing these scenic vistas preserved and the two-lane roadway maintained.

Long Range Planning Coordinator Chris Berndt said the purpose of this evening's hearing was to consider a proposed annexation boundary agreement between Carrboro and the Town. She said the agreement would be for a period of twenty years and would permanently change the extraterritorial jurisdiction line. Ms. Berndt said the northern annexation line would remained unchanged. She said the southern boundary line would begin to change south of the NC 54 Bypass. Ms. Berndt said the new agreement would extend the line east of Smith Level Road and south of Culbreth Road all the way to Chatham/Orange County line. She said the line would shift two hundred and fifty feet west to the center of Smith Level Road. Ms. Berndt noted that both Carrboro and the Town were holding hearings on the proposed annexation boundary line change. She said that staff hoped to prepare a follow-up item for consideration at the Council's October 25th meeting. Ms. Berndt said if the proposed ordinance were adopted by the Council, zoning of areas that would shift into the Town limits would be considered on November 15 along with other zoning matters.

Livy Ludington said she was representing the Smith Level Alliance, a group of people residing along Smith Level Road. Ms. Ludington said she had been in touch with Carrboro and Town staff and supported the committee's work to date, but was concerned about the widening of Smith Level from Rock Creek to Starpoint. Ms. Ludington she was concerned that this portion of Smith Level Road was the eastern perimeter of the University Lake watershed and that this was a sensitive area needing protection. Ms. Ludington expressed concern about disturbing these scenic vistas and applauded the committee's care in this regard. Ms. Ludington also said she wanted to make it clear that her group had no problem with four-laning of Smith Level Road to the NC 54 bypass, but no further, because it would be bad for the watershed.

Margaret Brown, also a member of the Smith Level Alliance, said she also had supported the work of the committee. Ms. Brown said her group had sent a memorandum to the committee outlining their concerns. She added that the committee had addressed these concerns. Council Member Andresen noted that there was a resolution asking for an agreement to keep Smith Level Road at two lanes but that it had come to her attention that the Department of Transportation did not agree with Carrboro's wishes to maintain a two-lane roadway. Ms. Brown suggested that the agreement before the Council clearly stated that Carrboro and the Town wanted to maintain Smith Level Road at two lanes from Rock Creek to Starpoint. She said it was important to show a united front in this regard. Ms. Brown also said that planning and transportation staffs from both jurisdictions should be clear that the proposed four lane roadway should terminate at Rock Creek Road.

Council Member Herzenberg asked Ms. Brown whether she thought that the proposed resolution was unclear. Ms. Brown replied that the document should clearly state why Smith Level Road should remain a two lane roadway. She added that the explanation should be definitive and elaborate so there would be a clear understanding in the future.

Council Member Herzenberg noted that there was no mention of maintaining Smith Level Road at two lanes because everyone had agreed to it. Ms. Brown stated that the North Carolina Department of Transportation needed to have this clearly articulated.

John Florence referred to the clause in the agreement about the joint desire to preserve Smith Level Road as a two-lane road. Mr. Florence stated that he would like to see much stronger language to convince the Department of Transportation that the two towns were in agreement that a portion of Smith Level Road should be preserved as two-lane roadway. Mr. Florence said it would be inappropriate for the roadway to become a detour for U.S. 15-501.

Julie Coleman, a resident of Smith Level Road, said she knew that staff members in both towns were committed to maintaining Smith Level Road as a two-lane roadway, but was uncertain whether the Council concurred with this arrangement.

Ken Rudo said he was concerned with environmental health issues. He stated that the Department of Transportation must be dissuaded from making Smith Level Road into a four-lane roadway since it would encourage additional traffic. Mr. Rudo stated that greater levels of commuter traffic directly contributed to greater carbon monoxide levels.

Council Member Brown said it was her understanding that the Town of Carrboro currently had chief jurisdiction over Smith Level Road. She added that if the annexation line were changed, jurisdiction of Smith Level Road would become the joint responsibility of the two towns. Mayor Broun stated that roadway jurisdiction matters would be determined by the Department of Transportation. Council Member Brown said she hoped that Department of Transportation officials would take jurisdiction's feelings into consideration during their decision-making processes.

Council Member Brown inquired about the amount of support to remove the widening of Smith Level Road from the Transportation Improvements Program (TIP). Mayor Broun responded that the Town's proposal was to four lane Smith Level Road only from Rock Creek to the NC 54 bypass. He added the State Department of Transportation favored making Smith Level Road a four lane roadway along its entire length. Mayor Broun said he did not know how the project got into the TIP, but the Transportation Advisory Committee did not recommend its inclusion. Mayor Broun said although he did not believe the project was on any timetable, he suggested that the Council proceed with requests for its removal.

Council Member Andresen stated she had received a letter from Jim and Kathy Bartlett about properties which would come under Carrboro's zoning jurisdiction. Council Member Andresen requested that Town staff respond to the Bartlett's concerns in their follow-up report to the Council.

Council Member Powell requested that stronger language be included in the proposed agreement. Council Member Powell said she did not know whether this would really help the matter but the Town needed to respond in a strong manner. Council Member Andresen responded she would be speaking at the Town of Carrboro public hearing on the proposal.

Referring to the Bartlett's concerns, Council Member Herzenberg noted that the proposed annexation agreement was between the Town of Carrboro and the Town. He noted that the Town of Carrboro felt as if it were also giving up a narrow band of land adjoining Smith Level Road.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 Preliminary Plat Approval of Vernon Hills Subdivision

Parties wishing to testify in the matter were sworn. Acting Manager Loewenthal requested that materials pertaining to the application be entered into the record of the hearing. Mayor Broun concurred with the request.

Development Coordinator Jennie Bob Culpepper described the property and its potential access points. She stated that the proposal would improve Old Oxford Road and a gravel public road in the vicinity of the proposed subdivision. Ms. Culpepper said the application proposed creating several cul-de-sacs, resulting in four separate pockets of development. She said the three major issues were: provision of a pedestrian trail along Allard Road, payment-in-lieu for a recreation area, and the possibility of a potential future roadway connection from the unopened right-of-way and the new cul-de-sac to Woodhaven Drive. She stated that staff recommended the provision of a turnaround in the unnamed right-of-way to minimize land disturbance.

Council Member Andresen inquired whether the developer would still make a payment-in-lieu for recreation if a four-foot wide trail were provided. Ms. Culpepper said yes, adding that if the developer provided a twenty-foot trail, then the payment would be decreased based on the dedication of the right-of-way for the larger trail.

Council Member Brown asked Ms. Culpepper to be more specific on the desirability of a roadway connection. Ms. Culpepper responded that the Comprehensive Plan encouraged connection of roads and access to undeveloped property. Council Member Brown asked whether there were some special needs in this case. Ms. Culpepper responded that it would be a long and difficult drive from one side of the development to the other without the provision of an access road.

Council Member Rimer requested further clarification on the cul-de-sac situation. He stated that when the Comprehensive Plan referred to the need to respect the form of land when evaluating the need for roadway connections. Council Member Rimer said if there were a knoll with a 16% slope located in the area, it would be necessary to cut about fifteen feet into a hillside to construct an access road. He requested that staff reexamine the matter of access roads. Council Member Rimer also said he wanted to see the graveled path improved but kept in its present beautiful state.

Martin Rody, Chair of the Chapel Hill Planning Board, said the Board supported provision of a future road connection, as well as a possible future roadway connection to Woodhaven. He noted that the Board also supported the idea of a three-way stop at the unnamed road intersection. Mr. Rody said the Board recommended that the Town, rather than a homeowners association, be responsible for maintenance of the various pedestrian areas. Mr. Rody said the Board recommended that the Allard Road path be a five-foot graveled path and that it be left in its current state. He also said the Board recommended that future roadway connections be marked as such so that future property owners would be aware of the overall plan. Mr. Rody noted that there were three dissenting votes from Planning Board members on these issues. He said that some Board members believed lots 11, 12, and 13 should share a driveway connection.

David Hughes, speaking for neighbors of Michaux, Allard and Elliott Roads, said they believed that through traffic from the Lake Forest area would create a safety hazard which had not been fully evaluated. He said the addition of stop signs would increase these hazards. Mr. Hughes showed the Council a video tape designed to demonstrate this point. He said that existing properties would be devalued because through traffic would change the character of the neighborhood. Mr. Hughes said neighborhood residents believed that the property value for Vernon Court would be more along a cul-de-sac than along a proposed through street and that stubbing would therefore devalue the contiguous property.

Mr. Hughes stated that the thrust of his neighborhood's petition was to express opposition to future roadway connections between Woodhaven and Michaux Roads.

Lydia Freeman, speaking on behalf of her mother, Mary Cheek, stated that her family owned a parcel of land adjoining the proposed Vernon Hills Subdivision. She said her family was opposed to the proposed through street because it would come within 45 feet of her mother's home. Ms. Freeman said her family had owned property in the area since 1948 and was built according to the Town's direction. Ms. Freeman said her family would never have positioned their home near a through street. She also said her family was appalled that the Town might reverse its stand on the future of the property. Ms. Freeman asked the Council to allow her family to keep the serenity of its neighborhood and not contradict the understanding in place since 1986.

Celia Sanford stated that she was concerned about traffic coming out of the proposed development. Ms. Sanford requested that close attention be paid to this matter.

Fred Lampe showed slides of his property and that of his neighbor, Joe Hakan, as well as a path to the end of Allard Road. Mr. Lampe said he had maintained the path for eight years and was more than willing to continue to provide maintenance in the future.

Dwight Morris, a resident of Allard Road, complimented the Town for its maintenance of Allard Road. Mr. Morris said he had some concerns about the proposed Vernon Hills subdivision. Mr. Morris said although he did not want to block the development, he wanted to maintain the land in a manner consistent with past practices. Noting that many children resided in the area, Mr. Morris expressed concern that access road would possibly result in Allard Road becoming an area thoroughfare. Mr. Morris said that if any of the roads were opened up it would result in the creation of a major thoroughfare from Elliott Road to the Lake Forest area. Mr. Morris said he opposed the provision of any through streets in the Allard or Michaux Road area.

Dan Paxton, representing the developer, stated that he felt that most of the concerns expressed this evening had been about proposed roadway stub-outs. Mr. Paxton said his client would consider having a cul-de-sac without a stub-out. Mr. Paxton said that if the Council decided on a cul-de-sac, he would recommend a T-turnaround rather than a standard turnaround. Mr. Paxton said he felt there was a need for persons to be able to walk through the development using a pathway. He requested that the Council consider the twenty foot wide pathway as a recreation area.

Katie Wells stated that she had resided in the area for eleven years. Ms. Wells said she had chosen to live on Woodhaven Road because it was a cul-de-sac. Ms. Wells said she did not feel the need for a through street through her neighborhood because there was adequate existing access from either side and there was no need for a street through the middle.

Council Member Werner said he thought Ms. Wells' comments made a lot of sense. He said that in looking at the area map, he saw no reason why one would want to connect this roadway. Council Member Werner said he thought the residents might use it, but they did not want it.

Council Member Chilton said he had a question about proposed lots 11 & 12. He said it looks like one of them had a driveway about 150 feet long and the other appeared to be slightly longer. Council Member Chilton said these two flag lots would constitute an entire football field length run for the Sanitation staff to service these two lots. Council Member Chilton said he did not believe that this was consistent with the Town's policy on flag lots.

Council Member Andresen agreed with Council Member Chilton's comments on flag lots. She said the Town had discouraged them in the past and should continue to do so. Council Member Andresen said the Council should ask the Manager to reconsider his recommendation on this point.

Council Member Herzenberg inquired whether there was an alternate access to lots 11 and 12. Council Member Chilton suggested making these long driveways a street instead. Mayor Broun stated that staff could come back with a recommendation on this issue, including possible reconfiguration of the lots.

Council Member Powell said she understood residents concerns about their properties.

Council Member Rimer stated that in his observation of driveways and flag lots, there were many homes where the driveways were as long or longer and steeper than the lots in the proposed Vernon Hills subdivision. He suggested that staff address these concerns in its follow-up report.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER. THE MOTION PASSED UNANIMOUSLY (9-0).

Item 4 East Franklin Car Care Special Use Permit

Parties wishing to testify in the matter were sworn. Acting Manager Loewenthal requested that materials pertaining to the application be entered into the record of the hearing. Mayor Broun concurred with the request.

Jennie Bob Culpepper provided an overview of proposed development. She stated that the owners wished to make adjustments to the current building by placing a roof over existing gas pumps and a small building addition to the existing building. Ms. Culpepper said that the application was before the Council this evening because there were a number of exceptions being sought by the applicant including street setbacks, landscape buffering, shading and the use of two hundred feet of Franklin Street frontage. She said the applicant was proposing some additional landscaping on the site and placing a canopy over the service area. Ms. Culpepper said the canopy would be only five feet from the road right-of-way. She said the applicant was also requesting an exception to livability space. Ms. Culpepper stated that there were perimeter landscape buffers but because this was an existing development, the applicant was unable they to meet these requirements. She said the minimum required lot size was 20,000 square feet for a gas station, while the existing station encompassed about 17,000 square feet. Ms. Culpepper said staff believed that the Council could make the finding that public purposes were served by the site changes to the facility. She said staff recommended adoption of Resolution A.

Mike Hammersly stated that although the applicant had attempted to do everything they could do to enhance the property, there were many constraints. He said the eastern and southern boundaries had retaining walls so site plantings were restricted. Mr. Hammersly added that the west side of the site had only a 12-foot drive from the property line, allowing no room for additional plantings. He also said the applicant's attempt to acquire additional right-of-way from the State Department of Transportation for additional plantings had been unsuccessful.

Martin Rody, Chair of the Planning Board, said the Board had unanimously agreed that there was sufficient depth around the canopy so that surface lights could be used. He said the Board felt that these types of lamps would be easier to maintain. Mr. Rody stated that the Board also discussed various exceptions and felt that the Council had sufficient reason to grant approval of the request special use permit.

Council Member Andresen inquired about the visual proximity of the proposed canopy to Franklin Street. Ms. Culpepper said the distance was approximately 62 feet with a 5-foot DOT right-of-way.

Mayor Broun inquired whether the applicant accepted the proposed conditions of approval. Mr. Hammersly said this was correct.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Village Companies Special Use Permit Modification

Parties wishing to testify in the matter were sworn. Acting Manager Loewenthal requesting that materials pertaining to the item be entered into the record of the hearing. Mayor Broun concurred with the request.

Jennie Bob Culpepper stated that the applicants proposed building an addition to their existing facility. She said the proposal was for an 18,000 square foot building and a 51-space parking lot located on Weaver Dairy Road. Ms. Culpepper said there were three main issues, the first being road improvements and the timing of road improvements. She said that past approvals of Village Companies had included required improvements to Weaver Dairy Road, and staff had also included this in the proposed resolution. Ms. Culpepper said the second issue involved recommending that a bus shelter, rather than a bus pull-off, be provided on Weaver Dairy Road. She said that the Department of Transportation had indicated that when a bus shelter was present, a bus pull-off should also be provided. Ms. Culpepper said improvements should also be made to existing water and sewer lines.

John Fish, representing Village Companies, stated that this project had been changed from a three-story, 18,000 square foot structure to a two-story, 18,000 square foot structure. He said the applicant had been working on this project since last March and had attempted to work within the regulations of the Town. Mr. Fish said he had had extensive contact with the Planning staff and others and during this process the Village Companies have agreed to make many accommodations. Mr. Fish said his client had agreed to provide a bus shelter and pad, shower facilities for bicycle riders, encouraging employees to purchase bus passes by offering a subsidy, and dedicating ninety feet of right-of-way. Mr. Fish said he felt that the Village Companies had been working well with the Town and agreed with the adoption of Resolution A. He said the Village Companies were willing to provide the improvements to the roadway but wished to change the recommendation to one-half of a 68-foot cross section, rather than one-half of a 75-foot cross section. Mr. Fish said the Department of Transportation had a policy prohibiting a bus shelter in rights-of-way without the provision of a bus deceleration and acceleration lane. Mr. Fish requested that staff resolve this matter with the Department of Transportation as soon as possible.

Mr. Fish said the applicant wanted to be able to use the proposed parking area as a staging area during construction. He requested that the requirements concerning timing of the parking lot construction should be deleted or rephrased in the proposed resolution. He also said that although the applicant supported having space for vanpoolers and carpoolers, Village Companies had a long-standing policy of not providing any reserved parking spaces, even for key personnel.

Mr. Fish stated that with regard to the proposed utility and lighting plan, it was the applicant's understanding that all utilities were already available on Weaver Dairy Road except for natural gas which was not needed. He requested that this condition be excluded from the proposed resolution.

Ms. Culpepper indicated that the staff was concerned about the proposed timing of Weaver Dairy Road improvements. She said staff believed that the improvements should be in place before construction of the parking lot. Ms. Culpepper also stated that the Council had previously a request (for Greybluff subdivision) to provide one-half of a 68 foot, rather than 75 foot, right-of-way cross-section. She noted that the Department of Transportation had previously indicated an unwillingness to accept reduced lane widths.

Council Member Werner inquired where the Town installed its bus shelters. Noting that the Department of Transportation apparently had recently adopted a new policy, Ms. Culpepper said bus shelters had previously been located in the right-of-way. Council Member Rimer inquired whether there was something the Town could do to help with this problem. Mayor Broun said this new policy posed some problems and would require additional follow-up work. Council Member Rimer stated that the requirement for a bus acceleration lane was not feasible because it required too much room. Mayor Broun concurred.

Council Member Andresen said installation of a bus acceleration lane was a good idea in light of additional future traffic volumes and the proposed new high school on Weaver Dairy Road.

Council Member Brown asked how many employees would be utilizing the proposed new building. Mr. Fish stated that there were presently about 200 employees with approximately 70 more employees to be hired following completion of the building. He added that there were currently 197 parking spaces at the site.

Mayor Broun inquired whether the applicant accepted the proposed conditions of approval. Mr. Fish said the applicant accepted all of the conditions except those pertaining to the provision of a bus pull-off lane and bus shelter.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 6 Eastowne Office Park Building 600

Special Use Permit Modification

Parties wishing to testify in the matter were sworn.

Planning Director Roger Waldon stated that the request before the Council this evening was basically a request for a time extension of a special use permit originally approved in 1991. He said the Council approved special use permits for Buildings 600, 700 and 800, all similar in size. Mr. Waldon said while buildings 700 and 800 were built, building 600 was not. He said since the time to complete construction had expired, the applicant had requested and received a time extension request in 1991. Mr. Waldon stated that due to special problems, construction still had not begun. Mr. Waldon said that the applicant was requesting a modification to the special use permit to extend the time for start of construction for two years and completion of construction to four years.

Planning Board Chair Martin Rody said the Board had split their vote six to three because of new members on the Board who were not familiar with the project. He said the Board agreed with the staff recommendation that the construction start time be set at two years and construction completion time be set at four years.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting adjourned at 10:40 p.m.