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

TOWN OF CHAPEL HILL, WEDNESDAY, OCTOBER 20, 1993 AT 7:30 P.M.

Mayor Broun called the hearing to order at 7:30 p.m.. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, 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, Parks and Recreation Administrative Officer Bill Webster and Town Attorney Ralph Karpinos.

Item 1 Bolin Creek Greenway, Phase II

Parks and Recreation Administrative Officer Bill Webster presented an overview of the proposal, noting that the Council had approved a special use permit for phase one of the project in 1991. Mr. Webster said Phase II would incorporate the area from the end of the Phase I trail to the Community Center on Estes Drive. He stated that the trail route selection had been a very difficult process.

Fred Culbreth, Chair of the Bolin Creek Greenway Advisory Committee, said the Committee's members had kept the project focused and brought technical expertise to the proposed project. Mr. Culbreth noted that the Committee had considered costs, privacy, security, property values, environmental factors, and political processes in its recommendation processes.

Council Member Capowski inquired whether the Bolin Creek Greenways Advisory Committee had formulated opinions on the width and materials for the proposed trail. Noting that Town staff was attempting to secure State funding for the trail, Consultant Chuck Flink said an asphalt surface trail was preferable. He added that the minimum trail width should be ten feet for safety and transportation purposes.

Greenways Commission Member Henry Mattox said the Greenways Commission supported the Bolin Creek Greenway Advisory Committee's recommendations.

Council Member Werner inquired whether a map of the two options was available. Mr. Webster displayed a large map and provided an overview description of the two routing options. Council Member Andresen inquired whether OWASA would have manhole battlements in place in the event that the trail followed a sewer easement. Mr. Webster said yes.

Chris van Hassel, representing the Orange County Sierra Club, expressed his support for using greenways as an alternative to automobiles. He also noted the importance of minimizing environmental impacts when constructing the greenways trail. Mr. van Hassel said the Woodland option was the best mix for satisfying environmental goals, neighborhood concerns and cost considerations.

Leonard Rogoff, a resident of Hidden Hills and member of the Bolin Creek Advisory Committee, said he did not favor constructing the trail along a sewer easement due to its proximity to nearby neighborhoods. Mr. Rogoff requested that the Council consider possible recreational aspects of the greenways trail.

Susan Hartley, a resident of the Village Green Condominiums and member of the Bolin Creek Greenway Advisory Committee, said she was also concerned about the proximity of sewer easements to nearby neighborhoods. Ms. Hartley added that installing a six-foot fence along the trail might cut-off Village Green access and acreage.

Gillian Debreczeny, a resident of Hidden Hills, said she was upset that the original greenways trail route originally recommended by the Bolin Creek Greenways Advisory Committee in July, 1992 had been recommended for modifications by Town staff and that she would oppose a condemnation of an easement on her land for as long as she could.

Fred Brooks, a resident of Granville Road, requested that staff investigate a narrower trail for users complemented by a wider cleared path on the sides of the trail for use by emergency vehicles. Noting that the Department of Transportation had specific minimum width requirements, Mayor Broun requested that staff provide follow-up information on possibilities for constructing a narrower pathway. Mr. Flink said the national standard was ten feet, as prescribed by the American Association of State Highway Transportation, and that many localities follow it to _______________.

Larry Slifkin suggested that the Council reexamine the original development of the proposed trail plan.

Glen Mitchell, a former member of the Greenways Commission, expressed his support for the staff's preliminary recommendation. Mr. Mitchell said the sewer easement option would be less costly than the Woodlands option and would, therefore, allow the construction of other greenways elsewhere.

Mark Weisburd, a resident of Hidden Hills, said he did not favor the Manager's preliminary recommendation. He stated that the plan would pose noise, debris and security problems for neighbors of the proposed greenways trail.

Joseph Sablesky, a resident of Village Green Condominiums, said adoption of the staff's recommendation would result in heavy use of the trail since there was no through traffic in the area. Mr. Sablesky said he opposed the Woodland option.

Anne Loeb, a former Greenways Commission member, thanked the Commissions for their work. She added that the Committee members had worked well together in formulating the plan for Phase II of the greenway.

Council Member Brown requested staff comment on cost differences between the two proposals. Mr. Horton said staff would provide additional detailed information in its follow-up report to the Council. He said that cost and environmental impact were important in the staffing analysis.

Council Member Andresen expressed appreciation to the Bolin Creek Greenways Advisory Committee for its good work. Noting that she had walked the proposed sewer easement trail, Council Member Andresen said she thought it was worth the extra cost to go ahead with the Woodlands proposal. Council Member Andresen also said the Department of Transportation should be a little bit more flexible about the width of the proposed trail.

Noting that the Woodlands trail alternative was somewhat more costly, Council Member Chilton said Phase III trail funding could be used for portions of Phase II of the project. Council Member Chilton said the sewer line option appeared to be the best alternative even though it did not please everyone.

Council Member Werner said the Council was not well-advised to construct a greenways trail which would not be used by persons living along the trail's route.

Council Member Capowski asked whether cost estimates were available for Phase III of the project. He also inquired about potential drawbacks to use Phase III funds to construct Phase II of the project. Mr. Horton said cost estimates for the project were not yet available. He added that no great harm would occur if funding for Phase III were not available in the near future. Council Member Capowski asked whether Department of Transportation project funding was fixed. Mr. Horton said yes, noting that it could not be expanded. Mayor Broun inquired about specific funding parameters. Mr. Horton said so long as Department of Transportation inspectors thought the project was proceeding appropriately, funding extensions should continue to occur.

Council Member Capowski inquired about the implications of constructing a six foot wide trail, rather than a ten foot-wide pathway. Mr. Horton said the Department of Transportation would withhold funding for the project. Mr. Flink adding that the Department of Transportation was inflexible about its standards concerning trail widths. He also noted the ten-foot trail width was consistent with terms of the Americans with Disabilities Act.

Council Member Brown inquired whether the Woodlands corridor included an existing roadway. Mr. Flink said yes adding that he believed this would reduce the need for clearing for the proposed trail. Noting that he had traveled the Woodlands path, Mayor Broun asked whether the removal of additional trees was needed. Mr. Flink said the removal of additional large trees would not be necessary. Council Member Brown inquired about legal cost comparisons. Mr. Horton said staff could only provide estimates in this regard. Council Member Rimer inquired how the need for manholes along the trail could be avoided. Mr. Horton said staff could report back on this matter.

Council Member Powell said she was concerned about the difference between the Manager's and Greenway Commission's recommendations. Council Member Powell requested additional information concerning environmental impacts of the Manager's recommendation. Mr. Horton said although costs were a principal concern, environmental impacts were also important.

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

Item 2 Special Use Permit Request for United Church

Parties wishing to testify in the matter were sworn. Mr. Horton requested that materials pertaining to the matter be entered into the record of the hearing. Mayor Broun concurred with his request.

Development Coordinator Jennie Bob Culpepper presented an overview of the request. She stated that the United Church of Christ was proposing a 10,000 square foot addition to an existing facility on the south side of Cameron Avenue. Ms. Culpepper noted that the Church was located in the Cameron-McCauley Historic District. She said that the property currently had three uses: as a place of worship, day care center and offices for the Interfaith Council.

Ms. Culpepper stated that the Church was seeking several exceptions for existing facilities including square footage, the provision of open space, height limitations, setback regulations, buffering and off-street parking requirements. She said the staff concurred with all of the applicant's requests with the exception of the southern setback along the UNC parking lot.

Ms. Culpepper said a proposed covered walkway would be considered an extension to the existing parking lot. She stated that the Planning Board found no compelling reasons for an exception to property line setbacks. Ms. Culpepper noted that the application was the first one in the new watershed protection district. She added that the application met the terms for low-density options of the new district.

Mayor Broun asked whether it was correct that the covered walkway could not be built under existing setback regulations. Noting an 8-foot setback requirement, Ms. Culpepper said the walkway could not be extend to the University parking lot.

Using a model of the proposed walkway, Mr. Bolton demonstrated the scale of the proposed 16-foot walkway. Regarding parking requirements, Mr. Bolton stated that places of worship located 1500 feet or less from the Town Center were exempted from existing Town parking regulations. He added that there were no other feasible parking alternatives in the area.

Mr. Bolton also said the applicant was requesting a total of eight exemptions relative to buffering requirements including type c buffering required along the east/west property line between the parish house and the Maurice property.

Council Member Andresen inquired about the Council's flexibility in granting the applicant's request for an exception to setback requirements. Mr. Karpinos said there was no basis for saying that this exception would not be legal.

Council Member Capowski inquired how many people occupied the buildings on an average business day, other than Sunday. Mr. Bolton said the day care center and parish offices were used on a daily basis. He noted that the parish offices would be moved to another building under the terms of the proposed special use permit modification.

Council Member Rimer inquired why an extension of the setback requirement should be denied. Mr. Horton noted that the Town did not know the University's possible future uses of the adjoining property. He stated that the parking lot could possibly abut a use which would be totally inappropriate. Council Member Rimer said the Council could add a stipulation requesting that the church remove the covered walkway in the future if necessary. Mr. Horton said staff could draft an additional condition of approval to this effect.

Planning Board Representative Mary Reeb reviewed the Board's recommendation, noting that all the applicant's requests had been approved with the exception of the setback requirement request.

Council Member Werner requested the staff to comment on the number of requirements being recommended for waiver. Ms. Culpepper said many of the exceptions being requested would extend existing nonconformities. Council Member Werner asked whether any of the nonconformities were being increased. Ms. Culpepper said the proposed height and floor area for the building would exceed current ordinance standards. Council Member Capowski inquired about the staff's rationale for recommending approval for doubling the building's floor area. Mr. Horton said the proposed addition should not negatively impact the adjoining neighborhood.

Stating that the proposed development was generally a good one, Council Member Chilton asked why the applicant proposed a 16 foot walkway. Mr. Bolton said the applicant wanted to redesign the pedestrian flow from the parking lot to the sanctuary. He said the proposed walkway was similar to having an outdoor corridor.

Council Member Brown said she favored the proposal. She noted that other structures in the area were non-conforming with current Town development regulations.

Mayor Broun said he favored approving the exemption to permit the walkway.

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

Item 3 Southern Village Apartments Special Use Permit Request

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

Planning Director Roger Waldon briefly reviewed the proposal and the Southern Village master plan. He stated that a total of 250 apartments were proposed on a twenty acre site. Mr. Waldon said the applicant was proposing a few more parking spaces than the Town's development requirements. He noted that the Manager's preliminary recommendation was to allow for some flexibility in the number of parking spaces provided.

Mr. Waldon noted that a spine road through the apartments would be a public road once it was completed. He stated that other roads in the Southern Village would initially be private roadways. Mr. Waldon said the applicant intended to request that all streets in the Southern Village eventually be maintained by the Town. He also said the staff's recommendation was to require public street standards for all streets in the proposed Southern Village. Mr. Waldon noted that one of the concepts of the project was to try and accommodate on-street parking and minimize the number of off-street parking lots. He said that existing regulations did not permit on-street parking to be counted toward meeting minimum parking requirements. Mr. Waldon said the staff's preliminary recommendation was that streets remain private with on-street parking.

Council Member Capowski inquired about the location of the proposed recreation area. Mr. Waldon showed the proposed site.

Jim Earnhardt, representing the applicant, said the apartment complex would have an on-site manager. Mr. Earnhardt said higher density development promoted mass transit. He added that the apartment buildings would be built closer to the street to create an urban feeling.

Doug Stimmel showed maps of the proposed site plan for the apartments. He also briefly described the village core of high and low-density development. Mr. Stimmel said that multiple access points were proposed to the complex. He added that parking lots would be accessed by alleyways at the rear of apartment units.

Council Member Andresen inquired about the proximity of buildings to the street. Mr. Stimmel said the buildings would be about 22 to 30 feet from the street with an 8 foot planting strip and a 5 foot sidewalk.

Council Member Werner inquired about the width of the proposed spine street. Mr. Stimmel said 36 feet. Council Member Andresen inquired about the width of other streets. Mr. Stimmel said the main streets would be 36 feet wide while other streets would be 24 feet wide with parallel parking on one side. Council Member Werner asked how many lanes of traffic would be accommodated on the proposed spine street. Mr. Stimmel said there would be two lanes of traffic and 2 lanes of parallel parking on each side of the street.

Bruce Ballentine presented an overview of proposed street locations. He stated that streets inside the complex were designed to Town standards. Mr. Ballentine said on-street parking was proposed on these streets. Council Member Werner noted that on-street parking was currently permitted in most of the Town's neighborhoods. Mr. Ballentine said stripes would be painted for on-street parking. Council Member Werner inquired whether any problems were anticipated concerning future public streets in the Southern Village development. Mr. Horton said no, noting that problems should be minimal.

Council Member Andresen inquired whether the proposed number of parking places would be adequate. Mr. Ballentine said yes. He added Town development regulations required 391 spaces while the applicant was proposing a total of 452 spaces, including on-street parking. Mr. Stimmel noted that one parking space was allocated for each bedroom in the apartment complex. Council Member Capowski inquired how additional cars would be accommodated. Sue White said one parking space per bedroom satisfied parking requirements in most communities. Council Member Capowski inquired whether this created overflow parking. Ms. White said no, adding that an area would be designated for recreational and other large vehicles.

Council Member Brown inquired why angled parking was permitted. Mr. Horton said staff hoped that angled parking would not be used. He added that angled parking regulated safety problems on roadways. Council Member Brown inquired where angled parking was proposed. Mr. Waldon said angled parking would be located off the spine road and near central administrative offices. He added that angled parking was not permitted on the Town's public streets.

Gary Cline, Cline and Davis Architects, said that the provision of one parking space per bedroom was more than adequate. Mr. Cline stated that the proposed apartment complex would be built in conjunction with the ADA Fair Housing Act standards, with 75% of first floor units being handicapped accessible. He added that sprinklers would be installed in each apartment.

Council Member Rimer noted that people living in the apartment complex would be directly impacted by parking problems since there was no adjacent residential neighborhood.

Council Member Brown inquired about the capacity of OWASA's treatment plant and how the proposed project would impact the capacity. Mr. Horton said staff could provide follow-up information on this matter.

Planning Board representative Mary Reeb said the Planning Board concurred with the Manager's preliminary recommendation.

D. R. Bryan requested that the matter of a greenway path be referred to the Manager for further discussion of greenways phasing. Mr. Bryan also requested that the proposed condition of approval concerning duct banks be excluded as a requirement. He also requested that the buffering for the proposed development and houses along U.S. 15-501 be reduced to a minimum width of twenty feet and an average width of thirty feet, to allow for a potential sanitary sewer or storm drainage easement _______ would serve these properties as well as the proposed development.

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

Item 4 U.S. 15-501 Park and Ride Lot Special Use Permit Request

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

Ms. Culpepper reviewed the request, noting that the special use permit application had been developed in conjunction with the master land use plan adopted by the Council in July, 1993. Ms. Culpepper said the Planning Board had recommended that an automatic plant watering system be required on-site. She said staff felt this was not needed and was too expensive.

Council Member Capowski inquired about bicycle storage facility arrangements. Transportation Director Bob Godding said bicycle lockers, rather than standard inverted u-shaped racks were recommended, due to security concerns.

Council Member Werner suggested that there also be no-cost options. Mr. Godding said the lockers could be set up with a lock and no payment would be required.

Planning Board representative Mary Reeb said the Board recommended the installation of a sprinkler system along the access road for plantings and supported sidewalks on both sides of the entrance to the park and ride lot.

Council Member Rimer suggested that plants not requiring sprinklering could be planted.

Council Member Capowski inquired about the logic for having only one entrance to the park and ride lot. Mr. Godding stated that the Department of Transportation would not approve a south access road to the site due to sight distance and other safety concerns.

Council Member Powell said she wished to discuss possible fees for the use of bicycle racks in greater detail. Mr. Horton said the Council set all fees through a formal process and would have an opportunity to discuss these matters further in the near future.

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

The hearing concluded at 10:07 p.m.