MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, MAY 16, 1994 AT 7:30 P.M.

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 Director Roger Waldon, Development Coordinator Jennie Bob Culpepper and Town Attorney Ralph Karpinos.

Item 1 White Rock United Holiness Church

Special Use Permit Modification

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

Development Coordinator Jennie Bob Culpepper provided an overview of the applicant's development plans. Noting that the site had some instances of non-conformity, Ms. Culpepper said the Council could make exceptions in the case of serving the public good. Ms. Culpepper said staff believed that the Council could possibly make such a finding in this case.

Project architect T. J. Land said the existing church building had been constructed about seventy-five years ago, having originally existed as a schoolhouse. He stated that it would be extremely difficult to bring the existing building into full compliance with existing building codes. Mr. Land also said that the church served as the center of the White Rock community.

Reverend Robert Siler, pastor of the White Rock Church for almost thirteen years, said his congregation had outgrown the existing church facility. He stated that the proposal before the Council this evening was to construct a new fellowship hall with classrooms. Reverend Siler said the church members and himself would appreciate the Council's support of their request.

Planning Board representative Martin Rody said the Board appreciated the congregation's efforts to improve their facility. Noting that the Board recommended approval of the request, Mr. Rody added that the Board also recommended the provision of recreational facilities on site by the applicant.

Thelma Alston, an adjoining property owner, requested that the Council permit the remodeling of the church and the construction of a fellowship hall. Ms. Alston stated that the church was the primary focal point of the White Rock community.

Guss Alston, Deacon of the White Rock United Holiness Church, said the church needed a larger sanctuary, more office space and a new fellowship hall.

Dora Atwater said the church was in need of an addition to handle the expanding congregation. Ms. Atwater invited interested Council Members to visit the church during worship services.

Council Member Evans inquired whether the church had plans to use the church as a day care facility. Reverend Siler said the church did not have near-term plans to do so, although there might be a need for a day care center in the future.

Council Member Capowski inquired about the use of the proposed classrooms. Reverend Siler said young people held leadership training classes the fourth Saturdays of each month. He added that bible study and prayer meeting classes took place on Wednesday evenings. Reverend Siler stated that current classroom facilities were very limited and lacked privacy.

Council Member Capowski asked about proposed lighting of the church's parking lot. Mr. Land said standard-sized Duke Power lights would be used to keep light on the property. He also said that timers to turn the lights off nightly could be added if the Council desired. Reverend Siler said an effort was being placed on maintaining parishioners' safety.

Council Member Brown inquired about the possibility of recycling old wood from the structure behind the existing worship facility. Mr. Land said the applicant would attempt to find a party or parties wishing to reuse the wood. Council Member Brown said it was likely that some people would be glad to use one-hundred year old wood.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE HEARING UNTIL JUNE 13TH AND REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 2 Homestead Village Subdivision Preliminary Plat Application

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.

Development Coordinator Jennie Bob Culpepper said the proposed Homestead Village subdivision consisted of 64 lots on 26 acres on the south side of Homestead Road between Seawell School Road and a railroad track. Ms. Culpepper briefly reviewed the proposed site plan, noting that points of access were proposed on Seawell School Road and Homestead Road. She also said the applicant proposed a recreation area in the northeastern portion of the property. Ms. Culpepper stated that the applicant proposed to dedicate a 50-foot strip of land parallel to the railroad track for recreation and other uses. She said the staff recommended that the applicant improve Seawell School Road to minor arterial status. Ms. Culpepper noted that the State's most recent draft of the Transportation Improvements Program designated Homestead Road as having a three-lane cross-section, rather than a five-lane major arterial, as detailed in earlier programs. She noted that staff proposed holding a payment-in-lieu for a bus stop for a period of five years, with these funds returned to the applicant if not used within this period. Ms. Culpepper noted that the staff's preliminary recommendation was adoption of Resolution A.

Jack Smyre, the project's designer, reviewed the proposed subdivision stating that it would be a visually interesting and desirable neighborhood. He stated that the proposed subdivision met existing design standards for R-2 zoned subdivisions. Mr. Smyre said the only area of disagreement was the condition that the applicant construct one-half of a seventy-two foot wide section of Homestead Road and improvements to Seawell School Road. He said the applicant requested that some consideration be given to granting an exemption for improvements to Seawell School Road. Noting that the applicant did not necessarily oppose providing a payment-in-lieu for a possible bus stop, Mr. Smyre requested that staff provide an estimated cost for the bus stop improvements.

Planning Board representative Martin Rody said the Board supported a requirement that the applicant provide a payment-in-lieu for Seawell School Road improvements and sidewalks to High School Road along Seawell School Road. Mr. Rody said the Board also recommended that the applicant clear some of the recreation area for use as a children's play area. He noted that a dissenting Board member felt that the proposed subdivision design was unimaginative.

Richard Zaffron said he and his wife Nancy owned a two-acre parcel adjoining the proposed subdivision. He expressed great concern about increased stormwater runoff from the subdivision onto his property. Mr. Zaffron also said there was no provision for stormwater retention in the applicant's plans. He requested that the Council require the applicant to put an adequate stormwater management system in place and to incorporate a 20-foot type c buffer into the plan.

John Walker, a Seawell School Road property owner, said the applicant was proposing a significant change in density compared to existing area development. He expressed concern that very severe flooding would occur in the area if the site were cleared of existing trees and vegetation. Mr. Walker said although the proposal had a lot of appeal, he found it a little difficult to envision a quality play area for small children near railroad tracks.

Laura Fleck, a nearby property owner, said she was concerned about stormwater runoff from the proposed development. Ms. Fleck said she was especially concerned about the potential for swamp formation on her property from additional runoff. She requested that the Council require the applicant to provide a buffer with adjoining properties. Ms. Fleck said her main desire was to maintain the value of her property.

Marga de Bouijn-Vanden Horst said she owned property proximate to the proposed subdivision. Noting that flooding was currently a problem in her home's basement, Ms. de Bouijn-Vanden Horst expressed concern about the applicant's proposal to remove trees and accompanying wildlife by proposing development of the Homestead Village subdivision. Ms. de Bouijn-Vanden Horst also expressed concern about the safety of area children due to additional traffic in the area.

Peter Spinarski said he planned to develop a house in the area in the near future. He expressed concern that the developer of the proposed subdivision had a history of clearing areas and destroying natural areas. Mr. Spinarski requested that the Council require the applicant to provide buffers with adjoining properties.

Bill Burch said his family owned part of the property sold to the developer of the proposed subdivision. Mr. Burch also said that runoff from the proposed subdivision would run down to Rogers Road. Council Member Waldorf asked whether Mr. Burch was concerned about water going across Seawell School Road. Mr. Burch said this was correct adding that he was concerned about both stormwater velocity and volume.

Cannie Joe Clark said he owned land adjacent to the subject property. Mr. Clark also said he was concerned about additional stormwater flowing across his property and adjoining properties from the proposed subdivision. He stated that requiring the developer to provide a buffer would not be helpful in addressing these concerns. Mr. Clark said he was concerned about water flow in the vicinity of the existing flood plain. Mr. Clark expressed concern that while the applicant might be permitted to construct 64 houses on 25 acres, Mr. Clark was limited to building only 2 homes on the 6 acres he owned.

Council Member Waldorf asked whether stormwater concerns had been brought to the Planning Board's attention. Mr. Rody said no. Mr. Zaffron said he disagreed, noting that he had given all Planning Board members the same letter which had provided to the Council outlining stormwater-related concerns. Ms. Fleck said she also had given information to the Planning Board.

Council Member Capowski inquired about the size and cost of the proposed houses. Mr. Smyre said the three and four-bedroom homes would be priced in the range of $130,000 to $160,000. Council Member Capowski inquired about the estimated impervious surface coverage from the 64 proposed 3 or 4-bedroom homes. Mr. Smyre said he expected the percentage to be in the low to middle twenty percent range. Council Member Capowski asked that the staff attempt to estimate the impact of stormwater runoff and impervious surface coverage on surrounding properties. Council Member Brown inquired what Mr. Smyre had meant when he had referred to a "variety of ways of developing the property" in his earlier remarks. Noting that the property could be sold to another developer, Mr. Smyre said the applicant was not bound to building the subdivision.

Council Member Brown inquired about the types of guarantees which could be made about buffers and stormwater management. Ms. Culpepper said the Town's Development Ordinance did not require landscape buffering between single-family homes. She added that the standard stipulations for erosion control plans also called for the use of the Hydros model for stormwater management. Council Member Brown inquired whether there was any way to require buffering for the public good. Mr. Horton said buffering could not be required in residential subdivisions under the standards established by the Council. Mr. Karpinos said one possibility was to use a reconfigured recreation area as a buffer.

Council Member Brown inquired how the area near the rail line could be protected for possible future transit use. Mr. Horton said this might be difficult to determine if ownership of the area was in dispute. He added that if the property were owned by the railroad, it would likely wish to keep the property for its use. Council Member Brown requested additional information on the matter. Mr. Horton said staff would attempt to provide definitive answers in a follow-up report.

Noting the proximity of the proposed recreation area to the railroad track, Council Member Powell asked whether the Council could accept or reject this proposal. Stating that the Council had a great deal of leeway in this regard, Mr. Horton said the Council could ask staff to work with the applicant to identify a more suitable parcel for recreational areas. Council Member Powell inquired who would be responsible for barriers between the railroad track and a possible play area. Mr. Horton said this would most likely be the Town's responsibility.

Council Member Capowski inquired who would be responsible for upgrading an OWASA pump station in the area. Stating that OWASA would not pay these expenses, Mr. Horton said the property owner would be responsible for this expense. Council Member Waldorf asked whether soil types were a reasonable thing to take into account when discussing impervious surface coverage. Mr. Horton said no, noting that almost all soil problems could be overcome by engineering methods. Mr. Smyre said soil types in the area were not widely different than soil types in other parts of the Town. He stated that clay soils did not allow for runoff to be filtered.

Council Member Waldorf inquired whether neighbors would experience more or less runoff if the proposed subdivision were approved and constructed. Mr. Smyre said he was not convinced that there would be any more urban runoff in the area when development occurred. He stated that there could be less surface runoff onto the Zaffron and other area properties following construction of the project.

Mr. Smyre also said although the Burch property might experience faster delivery of runoff, this would be delivered into well-defined stream channels. He added that the subdivision was not required to provide detention facilities.

Mayor Broun asked whether the Council could request the applicant to provide a more specific stormwater management plan. Mr. Horton said the Council could consider making this a condition of approval. Mayor Broun said he suggested that the Council follow this approach. Stating the Town's Hydros stormwater runoff model was extremely complex, requiring a specific final design, Mr. Smyre said the applicant was willing to work with the staff on creating an overall stormwater management plan. Mayor Broun suggested that the applicant and staff look for as much specificity as is reasonable during the project design phase.

Council Member Protzman said he hoped the staff would discuss with the applicant the proposed recreation area and playground being located near a railroad track. Council Member Protzman also said he favored more imaginative use of buffering. Council Member Protzman requested that the staff provide more specific information about payment-in-lieu amounts for transportation and roadway improvements.

Noting that she had reviewed the project's conceptual plan while serving as the Planning Board's Design Review Board representative, Council Member Evans said the only similarity was that the same parcel of land was involved. She stated that the original proposal had a single access and a different proposed recreation area. Council Member Evans noted that she was very concerned about whether parents would want their children to play near a railroad track. She stated that the applicant and staff could be more creative in identifying a more suitable area for children to play safely.

Council Member Capowski asked whether runoff from the property would contribute to the detriment of existing septic tanks in the area. He suggested that the staff discuss this matter with the applicant. Mayor Broun requested that the staff provide a follow-up report on the State Department of Transportation's proposal to reduce the widening of Homestead Road from five lanes to three lanes.

Mayor Broun asked whether the applicant generally agreed with the proposed conditions of approval. Mr. Smyre said the applicant did not oppose the conditions in Resolution A, although they preferred that the payment-in-lieu be quantified and that the applicant be exempted from making improvements to Seawell School Road.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE HEARING TO JUNE 13TH AND REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 Cluster Subdivision DOTA

Planning Director Roger Waldon briefly reviewed proposed changes to existing cluster subdivision regulations. Mr. Waldon said the staff's preliminary recommendation was adoption of Ordinance A. He added that the Parks and Recreation and Greenways Commissions concurred with the staff's recommendation.

Planning Board representative Martin Rody said the Planning Board had established a three-member subcommittee to review the proposed regulations in general. He also said the Board felt that cluster subdivision regulations should preserve open space and the environment, reduce the number of streets and utility lines and protect stream beds and steep slopes. Mr. Rody stated that the Board favored an alternate proposal to protect environmentally sensitive areas utilizing existing zoning regulations.

Council Member Evans asked staff to respond to the concerns raised in the Planning Board's recommendation. Mr. Waldon said with all due respect to the Board, he believed it would be very difficult to codify the Board's recommendation into the Town's existing ordinances. He added that the main challenge with the proposal would be determining how much land to develop and how much should be set aside for recreational and other purposes. Council Member Brown asked Mr. Waldon to relate the Planning Board's recommendation to the proposed Homestead Village subdivision. Mr. Waldon said the minimum lot size could be reduced from 10,000 to 5,500 square feet, with more land being set aside for recreational purposes. He added that existing ordinances addressed most of the concerns referenced earlier by Mr. Rody.

Council Member Brown asked why a developer would choose to develop a cluster subdivision. Mr. Waldon said infrastructure costs were generally lower. He also said smaller lots with lots of open space had a good track record of marketability. Council Member Brown asked whether any developers had proposed a cluster subdivision. Mr. Waldon said the Culbreth Park subdivision was a cluster subdivision, with a large centrally located area being set aside as a recreation area and playground. Mayor Broun noted that a portion of the southern small area plan contained a tract for a proposed cluster subdivision.

Council Member Capowski said he thought the Planning Board should discuss proposals of this type. He inquired how cluster subdivisions would apply to existing neighborhoods. Council Member Capowski also asked whether a cluster subdivision could be built on a one-acre tract. Mr. Waldon said the minimum lot size for development of a cluster subdivision was two acres. Council Member Capowski noted that a developer had proposed the Hilltop subdivision at the western end of McCauley Street, with twenty-five to thirty homes on about fourteen acres, with about nine to ten unbuildable acres. He stated that under the terms of the proposed cluster subdivision regulations, the developer could choose to develop more, smaller lots. Mr. Waldon said current regulations permitted minimum lot sizes of 2,700 square feet in an R-3 zoning district.

Council Member Capowski asked whether the new proposal would reduce the number of lots permitted in the proposed Hilltop subdivision. He expressed concern that credit was being given for severe topography. Mr. Waldon said this was not universally the case since the proposed minimum lot size was 5,500 square feet. Council Member Capowski requested that the staff's follow-up report contain concrete examples of possible cluster subdivisions. Mr. Horton said staff would do so. Council Member Capowski also asked how automobiles would fit into the cluster subdivision proposal.

Council Member Evans said the proposal allowed flexibility which the Council had long sought. She noted that minimum lot size subdivisions would not necessarily be marketable. Council Member Evans asked whether zero lot-line developments would be permitted in cluster subdivisions. Mr. Waldon said staff would provide a follow-up report on this matter.

Council Member Brown inquired how this would relate to townhomes and what type of ordinance could provide the Council with greater creative and imaginative potential relative to development. Mr. Waldon noted that the proposal concerned creation of lots not related to townhouses. He also suggested that minimum street setbacks be at least ten feet. Mr. Waldon added that staff had outlined proposed design regulations which provided as much flexibility as possible to the Council.

Stating that the prevailing trend was to homogenize the community, Council Member Protzman inquired about the possibility of providing additional flexibility to the Council concerning options for cluster subdivisions. Mr. Horton said the principal impediment to greater flexibility was existing cut and dried subdivision law.

Mr. Karpinos noted that the special use permit process provided the Council with additional flexibility. Council Member Waldorf asked whether special use permits generally permitted greater densities than subdivision regulations permitted. Mr. Karpinos said planning staff could provide additional information in their follow-up report.

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

Item 4 Chapel Hill Bible Church Roadway

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. Development Coordinator Jennie Bob Culpepper reviewed the proposal, noting that the roadway had originally been approved in the middle 1980's, with the construction approval having expired.

She noted that approval of the roadway could provide a future roadway connection between Eastowne Drive and Sage Road. Ms. Culpepper said staff recommended construction of a 33-foot cross section while the Planning Board recommended a 37-foot cross section. She noted that utility extensions would be accomplished with minimal land disturbance.

Dan Paxton, the project's engineer, said that utilities were only normally extended when there was a specific project or building for connections. He requested that the Council give the applicant some consideration in this regard.

Planning Board representative Martin Rody said the Board recommended by a vote of 6-1 only water and electrical service be extended by the applicant. He noted that the dissenting voter favored sidewalks on both sides of the proposed roadway, rather than along one side.

Mayor Broun requested that the Transportation Board's recommendation be entered into the record of the hearing. The Board's recommendation and other relevant materials are on file in the Clerk's Office. T.J. Land, a member of the Chapel Hill Bible Church Board of Deacons, said the congregation's goal was to occupy its new facility by January 1, 1999.

Council Member Capowski said he was not inclined to believe that someone would consciously construct a road to nowhere. He inquired how the road would relate to the U.S. 15-501 corridor study. Ms. Culpepper noted that the Council had considered applications for master land-use plans on both sides of Eastowne Drive. Council Member Capowski requested that the staff provide a road location map in its follow-up report to the Council. Ms. Culpepper noted that the U.S. 15-501 corridor study took the proposed roadway into consideration between Sage Road and Eastowne Drive. Council Member Brown asked why bicycle lanes were not recommended. Ms. Culpepper said the roadway was an unstriped local roadway. Mr. Horton said local roads were not typically striped for vehicles or bicycles.

Council Member Protzman said the proposed roadway would provide an important future link. He emphasized the importance of planning well for this possibility.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO RECESS THE HEARING TO JUNE 13TH AND REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Frank Porter Graham Special Use Permit Modification

Parties wishing to testify in the matter were sworn. Development Coordinator Jennie Bob Culpepper said Morgan Creek ran along the southern property line. She noted that the Child Development Center building was located in the Resource Conservation District. Ms. Culpepper said visitors to the Center were currently parking on grassy areas due to inadequate availability of parking. She said the applicant was seeking modifications to regulations pertaining to the number of parking spaces provided and the provision of landscaping buffers. Ms. Culpepper said the Council had the ability to make exceptions to these regulations.

Don Bailey, Director of the Center, said there were currently 74 parking spaces for more than 100 employees. He added that a number of visitors came to the Center for training and meetings. Mr. Bailey said employees were encouraged to use the University's point-to-point shuttle system when possible. He stated that the proposal included a covered state-of-the-art play area as a national and state demonstration playground. Mr. Bailey requested that proposed condition of approval 2d in the staff's recommended resolution be modified to provide equally acceptable fire protection arrangements, agreeable to the Manager.

Planning Board representative Martin Rody said the Board had unanimously recommended approval of the proposal. He added that the Board recommended long-term planning of the site. Mayor Broun inquired whether the only proposed changes were additional parking spaces and a new playground area. Mr. Horton said this was correct. He noted that under former ordinances, some temporary structures had been considered to have limited life spans. Mr. Horton said current regulations considered all structures to be permanent ones.

Council Member Capowski said he was very pleased with the operations of the Frank Porter Graham Child Development Center. He commended the applicant for providing an excellent site map. Council Member Capowski inquired whether the buildings had been threatened by flooding since their construction in the late 1970's. Mr. Bailey said they had not been threatened by floodwater at any time.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECESS THE HEARING TO JUNE 13TH AND REFER COMMENTS TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The hearings concluded at 10:05 p.m.