MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, JANUARY 18, 1994

Mayor Broun called the hearing to order. Council Members in attendance were Joyce Brown, Joe Capowski (arrived at 8:02 p.m.), Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Development Coordinator Jennie Bob Culpepper, Long-Range Planning Coordinator Chris Berndt and Town Attorney Ralph Karpinos.

Item 1 Hundred Oaks Cluster Subdivision

Parties wishing to testify in the matter were sworn by the Town Clerk. Jennie Bob Culpepper briefly reviewed site topography and a vicinity map of the proposed cluster subdivision. She stated that the Manager's preliminary recommendation was for approval, with conditions, of the applicant's request for development of 37 lots on 39 acres.

Mayor Broun inquired about the proposed location of pedestrian accesses relative to U.S. 15-501. Ms. Culpepper specified the locations. Council Member Brown inquired about the boundaries of the development relative to three surrounding roadways and a stubout at the southern part of the property. Ms. Culpepper said the proposed subdivision had frontage on U.S. 15-501 and Mt. Carmel Church Road. She added that the stubout did not connect to Bennett Road at the southern part of the property. Council Member Powell inquired about recreation facilities proposed for the subdivision. Ms. Culpepper said open space to be provided on site would be adequate. Council Member Powell inquired about the timetable for Bennett Road improvements. Ms. Culpepper said it was believed that the improvements would be completed within ten to twenty years. Council Member Waldorf inquired about future plans for an older farm house on the site. Ms. Culpepper said the applicant could provide information about the farm house. Council Member Chilton inquired about the location of proposed bicycle and pedestrian bridge across Morgan Creek near Mt. Carmel Church Road. Mr. Horton said it would be located near Bayberry Drive.

John Hansen, the proposed project's developer, said his application was for development of a 37-lot cluster subdivision. Mr. Hansen said there were a number of scenic vistas and environmentally sensitive features in the area. He stated that the proposed subdivision was close and convenient to the Town in a semi-rural area. Mr. Hansen stated that the project would emphasize the protection of steep slopes, view corridors, significant trees and vegetation in the area. He said that many existing large trees

offered excellent buffers in the view corridor. Mr. Hansen also said over 2,000 feet of internal sidewalks and pedestrian trails were proposed in the subdivision. Mr. Hansen said he agreed with all of the proposed conditions of approval excepting the dedication of fifteen feet of right-of-way along Mt. Carmel Church Road and a portion of Bennett Road. He stated that dedication of right-of-way was an invitation to the destruction of trees. Mr. Hansen said he hoped the Council would adopt Resolution A, approving his subdivision request. He asked that the subdivision approval be considered at the Council's January 25th, rather than February 14th, meeting.

Jack Smyre, project engineer, said he had enjoyed the Hundred Oaks Subdivision very much. He stated that Scott Radway had offered an outstanding proposed subdivision plan. Mr. Smyre noted that every lot in the subdivision had a view of open space on the site. He said the applicant was proposing reservation of, rather than dedication of, right-of-way. Mr. Smyre said the applicant believed that an eight-foot right-of-way corridor would best serve future roadway needs.

Council Member Capowski asked whether the soft-surface pedestrian access was suitable for riding bicycles. Mr. Smyre stated that mountain bikes might be able to use the trail. Council Member Brown asked whether bike access onto Mount Carmel Church Road had been discussed. Mr. Smyre said the Parks and Recreation Commission indicated that this might be a future possibility.

Planning Board representative Andrew Canada said the Board had unanimously recommended that the Council adopt Resolution A, with reservation, rather than dedication, of right-of-way recommended. Council Member Evans asked whether the Board had discussed bicycle lanes along Mt. Carmel Church Road. Mr. Canada said no, adding that the Board had discussed the possibility of future bus service in the area. Mayor Broun noted that the Manager's preliminary recommendation was adoption of Resolution A.

Council Member Brown suggested that the Council consider the Transportation Board recommendation regarding a bus stop as a park and ride lot would be built south of there and bus service would be provided in the area. She requested that the staff's follow-up report contain information on the possibility of bicycle lanes along Mt. Carmel Church Road.

Council Member Capowski said he concurred with Council Member Brown, especially about the need for bicycle lanes. He stated that Town buses would likely serve the area within a reasonable period of time. Council Member Chilton noted that there was currently frequent bicycle travel on the area's roadways. He requested that staff provide follow-up information on bicycle lane options for the area.

Council Member Waldorf inquired about the differences between dedicating and reserving rights-of-way. Mr. Karpinos said dedication involved actual transfer of property to the public while reservation entailed making land available for future purchase. Mr. Horton said there were substantial reasons for the Town to prefer right-of-way dedication. Council Member Protzman asked whether there was any discretion in the amount of right-of-way requested. Mr. Horton said it was possible to dedicate the maximum amount of right-of-way or some lesser amount. Mayor Broun asked whether bicycle lanes could be tied into right-of-way. Mr. Horton said this was possible.

Council Member Protzman inquired about the estimated price range for homes in the subdivision. Mr. Hansen said prices would be somewhat higher than that for existing homes in the area. He added that efforts would be made to preserve the historical farmhouse on the site. Mayor Broun asked when the item could come back for Council consideration. Mr. Horton said February 14th.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER COMMENTS TO THE MANAGER AND ATTORNEY WITH THE ITEM TO COME BACK ON FEBRUARY 14TH (9-0).

Item 2 Zoning of Western Portion of Michie Property

Long-range Planning Coordinator Chris Berndt briefly reviewed the proposal, noting that the Manager's recommendation was to consider rezoning to one unit per five acres. Mayor Broun asked whether the initial staff recommendation had been for one unit per acre. Ms. Berndt said yes. Mayor Broun inquired about the rationale for the change in recommendation. Ms. Berndt said the Town's Comprehensive Plan called for the area to be zoned R-LD5. She added that environmental analyses had found the area not to be suitable for dense development.

Planning Board representative Andrew Canada said the western portion of the Michie property was most suitable for development. He added that development on the balance of the tract had substantial potential for damage to the site. Planning Board Member Scott Radway said the western part of the Michie site was similar to the Reserve Subdivision. He added that the Board's discussions had focused on preserving environmentally sensitive land in the area. Noting that he had concerns about R-LD5 zoning in cluster subdivisions, Mr. Radway suggested that the Council reconsider overall cluster subdivision provisions.

Council Member Chilton noted that revising the cluster provisions and maintaining current zoning would result in the potential creation of 48 lots, rather than 27 lots, a significant change in overall density. He stated that the Planning Board appeared to be recommending two solutions to the same problem. Mr. Radway stated that the essential dilemma had been correctly identified. Mr. Radway noted that he had voted against the recommendation to keep R-LD1 zoning. Council Member Chilton noted that maintaining R-LD1 zoning might serve as a disincentive to the solution. Noting that he had attended the Planning Board meeting about the Michie matter, Council Member Capowski said there had been no discussion about R-LD1 zoning. Planning Board Member Andrew Canada stated that the Planning Board was not aware of the Council's concerns about R-LD1 zoning in the area. Mr. Horton said staff was scheduled to present proposals on cluster subdivisions at the May public hearings with possible action in June.

Jack Smyre, the applicant's representative, said his client had solely fiduciary responsibilities for the property. He stated that if his client's responsibilities had been broader, they would likely have sought a recommendation of one unit per one or two acres, rather than one unit per five acres. Mr. Smyre noted that the southern small area plan called for one unit per five acres rather than one unit per acre. He added that it was not feasible to provide sewer service to the eastern portion of the tract.

Mr. Smyre requested that the Council review the Town's cluster subdivision standards in the near future.

Council Member Evans said she concurred with the Planning Board's recommendation based on current uses and zoning in the area. Council Member Chilton said although he respected this logic, this approach would necessitate rezoning of the property for the third time in a short time period. He added that if the cluster subdivision rules were changed they would be very inconsistent with the southern area plan. Mayor Broun asked whether the staff would have any problems in addressing the issues raised this evening. Mr. Horton said no.

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

Item 3 Culbreth Middle School Annexation

Long-range Planning Coordinator Chris Berndt said the petition for annexation of Culbreth Middle School had been received in November, 1993. She stated that the proposed annexation included a portion of right-of-way along Culbreth Road. Ms. Berndt briefly reviewed the proposal noting that a 36-acre parcel was being considered for contiguous annexation. She added that staff was in the process of compiling a follow-up report on possible impacts on Town services. Ms. Berndt said the follow-up report would be presented at the February 28th, with the annexation scheduled to take effect on

June 30, 1994.

Noting that there was obviously no Town tax advantage arising from the proposed annexation, Mayor Broun inquired about the possibility of Town speed limit control in the area. Ms. Berndt said it would be possible for the Town to impose new speed limits with the exception of two areas near the school. Mayor Broun inquired about the current speed limit. Mr. Karpinos said it was 30 miles per hour during "school zone" hours and 40 miles per hour at other times. Council Member Evans asked whether the school would compensate the Town for police or fire protection services. Ms. Berndt said no. Council Member Evans inquired about possible compensation for refuse collection services. Ms. Berndt said she believed the Town was currently picking up refuse at the school.

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

Item 4 Administrative Approval Development

Ordinance Text Amendment

Development Coordinator Jennie Bob Culpepper said the proposed Development Ordinance Text Amendment would change wording in the Development Ordinance to authorize administrative approval of certificates of appropriateness in historic districts relative to installation of gutter, brick sidewalks and other similar matters.

Council Member Brown noted that some references in the proposal were to "administrative official" while others were to "Town Manager". Thanking Council Member Brown, Mr. Horton said these references would be made consistent.

Historic District Commission Chairperson Mary Arthur Stoudemire said the Commission favored the Manager's preliminary recommendation.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY.

Council Member Protzman whether it was possible to vote on the matter this evening. Mayor Broun said it had been past Council practice for items to return for Council action after receipt of a follow-up staff report on Council and citizen comments.

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

The meeting stood adjourned at 9:04 p.m.