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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MARCH 21, 1994

Mayor Broun called the hearing to order. Council Members in attendance were Joyce Brown, Joe Capowski, 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, Land Development Coordinator Jennie Bob Culpepper, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 WUNC Radio Station & Tower

Parties wishing to testify in the matter were sworn.

Ms. Culpepper said the proposed radio station and tower would be located on a 600-acre University-owned parcel. She noted that the proposed project was located near a Town park and ride lot, the Friday Center and the Finley Forest Condominiums. Ms. Culpepper stated that the proposed radio tower would be 190 feet tall and would be surrounded by trees. She also said the tower would have multiple users including the Town's police, fire and transportation departments. Ms. Culpepper stated that the Manager's preliminary recommendation was adoption of Resolution A.

Teresa Crosland, the applicant's representative, said a 8,200 square foot facility was proposed. Ms. Crosland referenced a building elevation and floor plan of the proposed radio station building.

Bill Davis, General Manager of WUNC Radio, said the station was currently located in Swain Hall, a University building originally constructed as a cafeteria. He stated that if the proposed building were approved, the WUNC Radio studios would remain in Swain Hall. Mr. Davis noted that WUNC was committed to making the radio tower as user-friendly as possible.

Council Member Capowski inquired whether the tower would be unlighted since it was less than 200 feet tall. Mr. Davis said this was correct, adding that this complied with Federal Aviation Administration regulations. He also noted that WUNC shared the community's concern about the proliferation of telecommunications towers. Mr. Davis stated that WUNC was committed to working creatively within State and University guidelines to come up with a solution to these problems and concerns.

Mayor Broun inquired about the square footage of the current building. Mr. Davis said it was approximately 6,200 square feet.

Mayor Broun asked whether WUNC anticipated any need for future building expansions. Mr. Davis said although the proposed building would meet the station's short-term growth requirements, a building totalling about 15,000 square feet might be needed sometime after the year 2000.

Planning Board representative Gene Ozasky said the request had been discussed at the Board's March 1st meeting. He stated that no issues had been raised and adoption of the request had been unanimously recommended.

Council Member Evans inquired whether the perimeter would be secured to prevent climbing of the tower. Mr. Davis said it was his understanding that the tower would be secured. David Wright, representing the applicant, said such towers were typically secured by a chain-link fence and monitors.

Council Member Chilton inquired about the total area of the property. Ms. Culpepper said it was approximately 600 acres, including the Mason Farm and Botanical Gardens areas. Council Member Chilton expressed concern about the University's and staff's interpretation of the watershed protection district ordinance concerning maximum impervious surface coverages. Ms. Culpepper said staff was working with the University to examine area drainage basins. Council Member Chilton emphasized the importance of limiting the amount of development in the area. Noting that he shared Council Member Chilton's concerns, Mayor Broun emphasized the need for staff to continue to work with the University about watershed protection regulations.

Council Member Capowski inquired when the item would come back to the Council. Mr. Horton said April 11th. Council Member Capowski suggested revising Resolution A to require that WUNC cooperate with local telephone companies to limit the number of telecommunications towers and lighted towers. Mr. Horton said although the Town could request a good faith effort, it could not legally bind the applicant in this regard. Mr. Davis noted that the National Public Radio Conference was being held in San Antonio, Texas on April 11th. Mayor Broun stated that WUNC radio could send a representative to the April 11th Council meeting. He added that the matter could be postponed to a later meeting if necessary.

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 2 Mill Race Subdivision

Ms. Culpepper provided a brief site orientation, including the proximity of Phase I of the Bolin Creek greenway to the proposed subdivision. She added that the property contained an unnamed perennial stream along its western boundary. Ms. Culpepper stated that the applicant wished to increase the size of the recreation

area from 2.5 to 3.7 acres. She also said that although there were steep slopes throughout the site, all of the proposed lots were buildable. Ms. Culpepper noted that the Manager's preliminary recommendation was the adoption of Resolutions A and B.

Jack Smyre, the applicant's representative, briefly reviewed previous development proposals for the site. He noted that the Town's Parks and Recreation staff had requested that some of the proposed individual lot lines be slightly adjusted to accommodate a recreation area. Mr. Smyre added that Town staff had reviewed sight distance concerns in the proposed subdivision and determined that minimal horizontal disturbances would be needed to address these concerns. He also said the burden to prove the buildability of lots fell upon the applicant. Mr. Smyre stated that although the applicant generally supported Resolutions A and B, they generally had some concerns about arrangements for pedestrian and roadway easements.

Mayor Broun inquired about the provision of a pedestrian corridor through the proposed recreation area. Mr. Smyre said a portion of a sewer line would be relocated to accommodate such a corridor. Mayor Broun inquired about access from the subdivision to the Bolin Creek greenway. Mr. Smyre said the pedestrian corridor did not connect to the Bolin Creek greenway. Mayor Broun inquired about the distance between the subdivision and the Bolin Creek greenway.

Mr. Smyre said the distance was 100 to 200 feet at its closest point. Mayor Broun inquired about the status of a possible connection to the greenway. Mr. Horton said there was no current proposal on this matter, it could be referred to the Parks and Recreation Commission. Mr. Smyre stated that it would be possible to access the Bolin Creek greenway via sidewalks until other means were available. Mayor Broun requested that the Parks and Recreation Commission investigate the possibility of a greenway linkage.

Planning Board representative Gene Ozasky said the Board had unanimously recommended the adoption of Resolution A and recommended adoption of Resolution B by a vote of 4-2, with the dissensions focusing on steep slopes and pedestrian connections.

Mr. Smyre said the applicant accepted the proposed conditions of approval, excepting proposed conditions 1g and 10.

Council Member Capowski asked whether the proposed subdivision would be similar to St. James Place. Mr. Smyre said although it was difficult to make a direct comparison, the proposed subdivision would use resort-type architecture to preserve the views of residents. He added that the burden was on the developer to demonstrate that the proposed construction techniques would work.

Mr. Horton stated that the homes in the last phase of the North Street subdivisions demonstrated how steep slope concerns could be addressed. Council Member Capowski said the proposed lots were quite small and expensive with fairly large homes.

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

Item 3 Proposed Change in Fire Sprinkler Regulations

Fire Chief Dan Jones noted that the Town had received authorization in 1993 to require sprinklers in all but one and two-family dwellings. Chief Jones stated that fire sprinklers had proven to be technologically effective over a number of years. He added that the amount of water damage from sprinklers in extinguishing fires was minimal compared to possible fire losses. Chief Jones also said that most costs could be realized from reduced insurance premiums. He stated that Town staff was working with OWASA staff to examine monthly fire sprinkler system fees.

Chief Jones noted that of three fires occurring at commercial establishments on an evening in 1992, the two buildings without fire sprinklers had been destroyed, while the sprinklered establishment had suffered only minor damage. Chief Jones also said there had never been a multiple loss of lives in a sprinklered building.

Russ Davis, representing the Homebuilders Association of Durham-Chapel Hill, said his organization felt that the estimated cost for fire sprinklers, especially for multi-family construction, exceeded one percent of new construction costs. He also expressed concern about the amount of time it would take to pay off these additional costs from insurance premium savings. Mr. Davis stated that fire deaths had decreased significantly around the country due primarily to smoke detectors and fire safety education. He added that requiring sprinkler systems might also make housing less affordable.

Council Member Brown asked whether Mr. Davis' concerns were focused on multi-family, as opposed to commercial, buildings. Mr. Davis said yes, adding that sprinklers were the norm for the vast majority of commercial structures.

Kenneth Lehn, Regional Manager for National Fire Sprinkler Association, said sprinklers worked automatically at all items, without the need for human judgement. He suggested that the Town staff check with insurance underwriters about specific premium reductions related to the installation of fire sprinklers. A copy of Mr. Lehn's statement is on file in the Clerk's Office.

Runyon Woods, a member of the Durham-Chapel Hill Homebuilders Association, said although multifamily sprinkler systems were a good idea, they could cost as much as five percent of total building costs in commercial projects. He urged the Council and staff to request that OWASA discontinue standard monthly charges for fire sprinkler systems. Mr. Woods also requested that the Council either exempt current special use permits from the proposed requirements or extend the proposed effective date of the requirements.

Council Member Powell requested that the Manager investigate how fees similar to OWASA's fire sprinkler fees were handled in other communities. She expressed hope that OWASA would be willing to reduce these rates considerably.

Council Member Brown requested that staff provide follow-up information on fire protection insurance for residential structures. She also requested that the Homebuilder's Association share its information with the staff and Council.

Council Member Chilton said he still had some concerns about OWASA's fire sprinkler fees. Noting that the Town would likely be a leader in drafting this type of ordinance, he emphasized the need to draft a creative and innovative ordinance to address the concerns.

Mayor Broun requested that staff provide a report on the impact of the proposed regulations on current development project proposals.

Council Member Capowski inquired how the regulations might be applied to current projects. Mr. Horton said the Council had a number of options in this regard.

Council Member Protzman asked whether the Town had specifically requested that one and two-family dwellings be exempted from the proposed fire sprinkler regulations. Mr. Horton said yes. Council Member Protzman requested a brief history on why exemptions had not been requested for triplexes and quadraplexes. Mr. Horton noted that there were relatively few three and four-family dwellings within Town limits. Noting that an emphasis was being placed on trying to save lives and property, Council Member Waldorf said it was somewhat difficult to establish criteria for exempting some types of properties from proposed regulations. Council Member Protzman inquired about the possibility of providing some relief for buildings having a smaller number of units. Mr. Horton said staff could provide some options to the Council.

Council Member Powell requested a clarification concerning the application of the proposed regulations to rebuilt buildings. Mr. Horton stated that buildings covered by the proposed ordinance suffering losses of 50% or more would need to be rebuilt with fire sprinkler systems.

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

Item 4 Payments-in-Lieu for Recreation Areas

Planning Director Roger Waldon provided a brief overview of the proposed Development Ordinance Text Amendment. He noted that the General Assembly had recently granted the Council the authority to require that developers dedicating two acres or less of land for recreation make payments-in-lieu for recreation areas. Mr. Waldon stated that situations of this type could be handled on a case-by-case basis.

Planning Board member Gene Ozasky said the proposal had been discussed at the Board's February 15th meeting and recommended by a vote of 6-2.

Scott Radway said the Town needed to examine how recreation areas were dedicated by developers. He emphasized the need to evaluate the provision of active recreation areas. Mr. Radway suggested that the Council examine the matter of impact fees as soon as possible. He added that payments-in-lieu would vary widely depending upon whether they were based on actual land value or finished lot values. Mr. Radway urged the Council not to adopt the proposed ordinance as drafted.

Council Member Brown inquired when the Council would receive a staff report on impact fees and taxes. Mr. Horton said these items would be included with the Council's overall budget discussions. Council Member Brown asked whether a report would be provided prior to action on recreation area payments-in-lieu. Mr. Horton said staff could bring back a report on April 5th, with consideration of the recreation area item scheduled for April 11th.

Noting that Orange County and Carrboro residents also used some of the Town's recreational facilities, Council Member Waldorf said the payments-in-lieu issue transcended the Town. She urged the Council to include Orange County and the Town of Carrboro in dialogues about recreation payments-in-lieu. Mayor Broun said the Town might

need to look at impact fees and their application to recreation facilities. Council Member Waldorf said there were some problems with requiring payment of impact fees for recreation areas solely from developers in the Town. She emphasized the importance of finding a good solution to equitably fund recreation areas and facilities.

Council Member Capowski inquired whether the proposed amendment made it possible for the Town to require developers to make payments-in-lieu for recreation areas. Mr. Waldon said this was correct for small pieces of land. Council Member Capowski inquired about situations where a large park was across the street from a proposed development. Mr. Waldon said payment-in-lieu would be a good idea to help fund recreation equipment and other facilities.

Council Member Capowski said the proposed amendment appeared to give the Council additional flexibility and not penalize the Town.

Council Member Brown said she hoped to bring back a joint planning document to the Council in the near future to begin to address development-related issues on a county-wide basis. She also suggested examining impact fees and taxes and how they might be applied within the current budget process.

Council Member Protzman thanked Mr. Radway for his extensive analysis of payments-in-lieu for recreation areas, particularly the multiplier effect of lot improvement costs. Mr. Waldon noted that the staff's proposal was intended to give the Council additional flexibility rather than impacting existing formulas used to determine the amount of payments-in-lieu for recreation areas.

Council Member Evans said the proposed amendment was a good step forward which would provide the Council with additional flexibility. Council Member Capowski said the anticipated future growth in area school systems was a positive motivator for implementing impact fees.

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

The meeting concluded at 9:25 p.m.