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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, APRIL 18, 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, Planning Coordinator Jennie Bob Culpepper and Town Attorney Ralph Karpinos.

Item 1 Public Forum on Horace Williams Property Planning Process

Mr. Horton presented an overview of the proposed planning process. He said staff suggested that a hearing on the proposal be held in June or September. Mr. Horton noted that University Vice-Chancellor Wayne Jones, Associate Vice-Chancellor Bruce Runberg and University Planning and Development Coordinator Gordon Rutherford were in attendance this evening.

Vice-Chancellor Wayne Jones said planning processes presented an on-going learning process for University staff and administrators. Vice-Chancellor Jones said the input of local governments and citizens was important in the planning process for the Horace Williams property. He added that no development was foreseen at the Horace Williams property during the next twelve months. Noting that long-term planning of the tract was being proposed, Vice-Chancellor Jones said University officials would listen with interest to citizen comments this evening and in the future.

Callie Warner said she had several concerns about the future of the Horace Williams property. She emphasized the importance of involving public review at every stage of the planning process. Ms. Warner expressed concern that Airport Road, Estes Drive and other road close to the Horace Williams property were already heavily burdened. Ms. Warner also expressed concern about impervious surface runoff and maintaining water quality. She urged the Council to have the University follow standard Town regulations for stormwater runoff. Noting that she favored sustainable development, Ms. Warner also urged the Council to require that the University pay all costs associated with the proposed development of the Horace Williams property.

Lee Raffalow, an Orange County resident for seventeen years and member of Citizens for Livable Communities, said he was alarmed by a trend in some local governments to removing citizens from decision-making processes. Mr. Raffalow said there was no reason to eliminate people from the decision-making process. He expressed concern that the University was trying to optimize its economic development interests at the expense of citizen involvement in the process.

Noting that the Planning Board had not had an opportunity to review the proposal, Board Member Scott Radway emphasized the need address water and sewer and air quality concerns. He suggested that the Council think about expanding its vision of what was happening to the community relative to proposed new development such as the Horace Williams tract.

Noting his extensive involvement with the University's Botanical Gardens, Pearson Stewart said he was concerned about the University's Mason Farm tract. Mr. Stewart said the Manager's recommendations made sense in their current scope. He suggested that a community advisory committee, including non-University representatives, could play a beneficial role in reviewing the University's future development plans.

Bill Davis said the Town had originally been established to provide services for the University. Mr. Davis also said when he moved to Town in 1973, the University had control of all utilities at that time. Stating that the proposal did not serve the interests of the Town, Mr. Davis urged the Council to propose the University's current development proposal for the Horace Williams property.

Morris Schaeffer stated that the proposed Resolution A would prematurely lock the Town into a posture and planning process referred to earlier by Vice-Chancellor Jones. He expressed concern that the University's development proposal would severely impact the rest of the Town. Mr. Schaeffer also said he questioned the bypassing of the Town's development review procedures. He stated that Council approval of the master plan would preclude future options for the Town. Mr. Schaeffer urged the Council to adopt Resolution D or substitute Resolution A, optimizing the opportunity for citizen involvement in the review process.

Noting the importance of not limiting the Town's options relative to the University's development plans, Diane Bloom expressed her support of substitute Resolution A, as proposed by a number of citizens. She briefly reviewed the proposed substitute Resolution, noting that O&I-3 zoning was far too dense for the Horace Williams tract.

Dave Janowsky, a University faculty member and administrator, said he cared very much the Town's quality of life. Mr. Janowsky also said he was especially concerned about environmental impacts of the proposal. He stated that public participation was the most important tenet of the review process. Mr. Janowsky read a proposed new resolution concerning a process for review of the University's development proposal.

Margaret Taylor said she was delighted that current University administrators appeared to appreciate the importance of citizen participation in the development review process. Noting that the proposal would effect all areas of the Town, Ms. Taylor also said it was very important to allow citizens to be involved early in the planning process. She suggested that non-University citizen representatives serve on the development review committee. Ms. Taylor emphasized the importance of on-going mutual cooperation between the Town and University, especially concerning review of development proposals.

Estelle Mabry, President of the Alliance of Neighborhoods, urged Council Members to remember the Town's Comprehensive Plan objectives relative to the protection of neighborhoods. She also emphasized the need for the Council to protect the rights of citizens when working with the University. Ms. Mabry also said it was very important to receive citizen input on development proposals.

Sally McIntee, a resident of Estes Hills, said the density of the proposed development would effect residents of her neighborhood and the surrounding area. Ms. McIntee urged the Council to consider the needs of neighborhood residents in its decision-making processes.

Council Member Brown said she appreciated Vice-Chancellor Jones' good humor relative to the University's past mistakes relative to citizen input in planning processes. Council Member Brown stated that after reading the proposal, she felt the best way to proceed was to start again from square one. Noting that the principles the University had developed to guide land use at Horace Williams and Mason Farm made no reference to environmental concerns, Council Member Brown suggested that the Council develop its own set of principles relative to the University's proposal. She also noted the importance of substainable development and the development of transportation and neighborhood protection principles by the Council. Council Member Brown suggested that the Council develop these principles and alternatives prior to the September public hearing on the proposal.

Council Member Capowski inquired whether O&I-3 zoning permitted the construction of larger buildings such as those on the UNC Hospitals campus. Mr. Horton said this was correct. Council Member Capowski requested that the staff's follow-up report contain information on more restrictive zoning than the existing O&I-3 zoning category. He also requested that staff provide information on how the University's proposed master plan differed from those submitted by developers, which required review of each special use permit. Council Member Capowski requested information on the University Chancellor's power to veto hospital buildings and the relation of the University's proposal to the Town's Comprehensive Plan. He also inquired about the possibility of tying the certificates of occupancy to buildings on the Horace Williams tract to increased fire protection funding.

Council Member Chilton said he did not think that O&I-3 zoning was the appropriate category for the Horace Williams tract. He stated that O&I-2 zoning was probably a more appropriate zoning category for the property. Council Member Chilton suggested that the Town's small area planning process could be used as a model for the University's proposed development of the Horace Williams property. Council Member Chilton said he was glad to hear University officials acknowledgement of past problems with surrounding neighborhoods relative to previous University development proposals. Emphasizing the importance of mutual trust, Council Member Chilton said the Town's small area planning process had served well to date in this respect.

Noting that the matter would be referred to the staff this evening, Council Member Waldorf said she favored a mutual planning process between the Town, University and Town of Carrboro. She also suggested that the Council be prepared to discuss the University's development among themselves in the near future. Noting that a lot was at stake, Council Member Waldorf reiterated her support of mutual planning relative to the proposal.

Council Member Protzman said the positive outcome of the Town's small area planning model to date spoke for itself. Council Member Protzman said he was inclined to support a model which would treat the University like a corporate citizen. He noted that public entity developments were typically handled using a somewhat less rigorous level of review. Council Member Protzman said he favored a review process similar to the Town's small area planning process for the Horace Williams property.

Council Member Powell said she concurred with Council Member Protzman's comments. Council Member Powell also said she was concerned about the possible amount of traffic in the area when and if the Horace Williams tract were developed more intensely. She suggested that the Council consider a normal development review process for the proposal. Council Member Powell expressed support for the Council developing its own set of principles relative to the application.

Council Member Pavão noted that whereas formerly the Town had grown up around the University, the University was somewhat involved in possible encroachment into surrounding neighborhoods. He noted the importance of the Council having as much control in the matter as possible.

Mayor Broun said the University's willingness to discuss its development plans with the Town marked an historic moment and a step forward. Mayor Broun stated that he shared Council Member Chilton's viewpoint on using the small area planning process as a model for the proposed development. He added that Resolution D offered some good guidelines for further consideration by the Council. Mayor Broun also stated that O&I-3 zoning for the tract was inappropriate. He said a new zoning category was needed to handle the proposal. Mayor Broun suggested the possibility of temporarily shift the zoning to O&I-2 while the Council undertook its review of the proposal. Stating that the University was the lifeblood of the Town, Mayor Broun said he offered his remarks in a spirit of cooperation with the University.

Council Member Evans said she endorsed Mayor Broun's comments. She said it was remarkable that the Town and University had come together on this matter. Council Member Evans said she liked the spirit of cooperation offered by the University.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO THE MANAGER, WITH THE COUNCIL TO CONTINUE DISCUSSIONS ABOUT THE PROPOSAL AMONGST THEMSELVES AND IN A MUTUAL PLANNING PROCESS WITH THE TOWN OF CARRBORO AND THE UNIVERSITY.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 2 Standish Townhomes

Development Coordinator Jennie Bob Culpepper briefly reviewed the proposal, noting that curb and guttering was proposed along most of the property's frontage. She said staff felt that the inclusion of bicycle lanes along Old Durham Road was important. Ms. Culpepper also noted that the Design Review Board had recommended priority status for the application.

Duane Stewart, the applicant's representative, said the proposed bicycle lane would require the removal of several mature hardwood trees along Old Chapel Hill Road. He requested that the Council consider deleting the bicycle lane requirement and provide relief from the payment-in-lieu requirement for recreational facilities.

Scott Radway, Planning Board representative, said the Board had recommended approval of the proposal by a vote of 6-2. Mr. Radway said the Planning Board recommended that the applicant make a payment-in-lieu for recreation facilities.

Margot Wilkinson said she lived near the proposed subdivision. Ms. Wilkinson inquired who would be responsible for removal of an old house on the property. She stated that area residents wanted some input on the park for the proposed subdivision. Ms. Wilkinson also said that standing water in the area led to mosquito infestation problems.

Shirley Paull inquired what parkland would be deeded to the Town. Ms. Culpepper showed the land proposed for park dedication. Ms. Paull said she had lived at the first house facing the proposed subdivision for seven years. She also stated that speed limits were not adequately enforced on Pope Road.

Ralph Paull said he had been promised that the land to the north of his property would never be improved or changed. Mr. Paull also said he would not allow the land to be used for any purpose other than its present use. Mayor Broun said staff would provide information on this matter in its follow-up report.

Council Member Pavão inquired whether the deeded property was part of the development. Mr. Horton said no. Council Member Protzman inquired whether there was an estimated dollar value of the payment-in-lieu. Ms. Culpepper said there was no information about the actual payment itself. Council Member Protzman inquired it was possible to calculate this amount. Mr. Swanson said yes.

Noting that she had served on the Design Review Board when the project came before the Board, Council Member Evans said it had taken nine months for the project to come before the Council. She stated that priority status projects should involve something less than nine to twelve months review time.

Council Member Waldorf inquired whether payments-in-lieu required that recreation and park land be located in a certain part of the Town. Mr. Horton said the parkland needed to located so that it could reasonably serve people living in the proposed development.

Mayor Broun inquired whether the applicant accepted the proposed conditions of approval, excepting the two concerns noted earlier. Mr. Stewart said yes.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECESS THE HEARING TO MAY 9TH AND REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 Texaco SUP Modification

Ms. Culpepper briefly reviewed the proposal, noting that there had been a number of modifications to the initial site plan since its approval in 1969. She added that the applicant proposed to close the easternmost curb cut to the service station , replace the existing gas pumps, add landscaping, and convert the manual car wash to an automated car wash. Ms. Culpepper said the staff's preliminary recommendation was adoption of Resolution A.

Don D'Ambrosi, the applicant's representative, briefly reviewed the plan to increase landscaping on the site, thereby reducing impervious surface coverage. He also briefly reviewed plans to widen the station's driveway and elongate the landscaping strip in this portion of the site. Mr. D'Ambrosi said the applicant agreed to the proposed conditions of approval.

Scott Radway, the Planning Board's representative, said the Board had unanimously recommended approval of Resolution A, granting the special use permit modification. He also noted that the Board recommend that lane markings on the site be clear about which lanes were through lanes and which ones were exit lanes.

Sean Candou said although he did not object to a service station at the location, he saw no reason for a convenience store since other nearby establishments offered similar products. He expressed concern that children would frequent the area if the convenience store were open after 9:00 p.m., exposing themselves to possible robberies of the establishment. Mr. Candou also said it was important to limit the access of convenience store patrons to pornographic materials.

Council Member Protzman inquired about the proximity of the gas valve facility to the service station. Mr. Horton said staff would report back to the Council on this matter in the near future. Mayor Broun noted that the applicant had agreed to the proposed conditions of approval.

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

Item 4 Pedestrian Plan

Mr. Horton said staff had worked on the pedestrian plan for a number of months. He stated that staff welcomed Council advice on the matter. Senior Transportation Planner David Bonk presented an overview of the proposed plan and its keypoints. Mr. Bonk added that a number of Town advisory boards had reviewed the proposed plan and recommended its approval.

Alice Ingram, representing the Westside neighborhood, said she supported the proposed sidewalk plan and favored the inclusion of traffic calming techniques with sidewalk planning. She added that additional emphasis should be placed on bikeways and the needs of different older neighborhoods.

Art Dodd said he had lived in the Coventry development on Weaver Dairy Road for about eight years. Noting that he frequently walked in the area, Mr. Dodd stated that sidewalks were needed along the entire length of Weaver Dairy Road. Mr. Dodd requested that the Council put sidewalks along Weaver Dairy Road in the Town's sidewalk plan. He added that the overall proposed pedestrian plan was an excellent one.

Joan Bartel, a resident of South Columbia Street, thanked the Town for a wonderful pedestrian plan. Ms. Bartel said she was especially impressed by the model for determining priorities for sidewalks. Ms. Bartel also said there were a number of things missing from the plan, most notably, the absence of safe pedestrian access to the new library site on Estes Drive.