MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL

HILL, NORTH CAROLINA, WEDNESDAY, NOVEMBER 2, 1994 AT 7:30 P.M.

Mayor Broun called the meeting 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 and Development Coordinator

Jennie Bob Culpepper. Mr. Horton noted that Town Attorney Ralph Karpinos and Planning Director Roger Waldon were attending a Board of Adjustment meeting this evening.

Mr. Horton said he recommended that the Council direct the Planning Board to undertake a charette process in concert with the Design Review Board, Transportation Board, Parks and Recreation and Appearance Commissions to review concerns about the Town's Comprehensive Plan and whether or not it would be necessary to make changes in the plan. He stated that the Town had had good experiences with charettes and small area planning processes in the past.

Development Coordinator Jennie Bob Culpepper said the applicant was proposing a four hundred plus acre combination of mixed-uses and high density residential development. She stated that the applicant was requesting rezoning of, and a master plan for, the subject property.

Roger Perry stated that the planning process for development of the property had been initiated about 3 1/2 years ago. Mr. Perry said he thought the proposed plan was a good one providing good stewardship of use of the property. Mr. Perry noted that he welcomed the opportunity to work with the Council and Planning Board in developing a proposal in accordance with the community's wishes.

Brad Davis, the applicant's land-use planner, said a great deal of work had gone into the proposed land-use plan over a number of years. He stated that the proposal evoked a strong sense of community. Mr. Davis showed a number of exhibit slides concerning the proposal, including proposed population densities and existing land uses surrounding the site. He stated that the applicant proposed to maintain hardwoods in view corridors along NC 54. Mr. Davis stated that the applicant proposed to restore an existing barn on the property for use as a community center.

Mr. Davis said the applicant would place an emphasis on preserving the best trees on the property and provide adequate open space. He also stated that an emphasis would be placed on the provision of multi-modal transportation opportunities, including bikeways and access to mass transit. Mr. Davis noted that the proposed village center would have a mixture of uses which would be internalized and removed from NC 54. He added that an emphasis would be placed on creating identifiable neighborhoods, using boundaries in a very positive way, with sidewalks and open space emphasized. Mr. Davis said the applicant proposed to establish a hierarchy of open spaces, including recreational and natural areas.

Mr. Davis stated that open space and a greenway would adjoin the proposed commercial area. He added that the applicant's proposal would not impact the wetlands area to the north of the property. Mr. Davis said the Army Corp of Engineers was willing to consider the possibility of recreational fields in the vicinity of the wetlands area. He also stated that the applicant proposed to preserve over forty acres of trees and open space along NC 54.

Mr. Davis said that office and commercial buildings proposed along the south of NC 54 would be located a minimum of one hundred feet from the right-of-way for NC 54.

Cynthia Wise said she felt that the applicant had described a place so perfect that residents would go no other place than to home or work within the proposed development. She suggested that the applicant needed to remember that the 2,000 dwellings proposed could mean that there would be an additional 8,000 people in the community, equivalent to about one-fifth of the Town's existing population. Ms. Wise expressed concern that neither Mr. Davis or Mr. Perry had raised the matter of population in their earlier remarks. She also stated that residents of the proposed Meadowmont development would utilize NC 54, which she said was already an overcrowded roadway. Ms. Wise said she believed that the village center was the corner of Franklin and Columbia Streets, rather than the point identified by the applicants in their proposal. Ms. Wise also said she hoped that everybody looked at the plan and considered whether the development was necessary in its proposed form.

Michael Hining, Chairperson of the Design Review Board, said he was encouraged by Mr. Perry's opening remarks about making possible changes to the proposed Meadowmont master plan. Mr. Hining stated that the Design Review Board had reached consensus on two points: the Board favored rezoning of the area to mixed-use and did not recommend approval of the Meadowmont master plan as proposed. He also noted that the Board liked the fact that the developer had revised a number of building footprints, saving a great deal of meadow area. Mr. Hining expressed concern that some of the proposed residential lots were too close to NC 54. He stated that some homeowners might find these too noisy to occupy.

Valerie Broadwell stated that a total of 2200 dwelling units, including congregate care, were proposed by the applicant. Noting that the applicant did not have plans to widen NC 54, she expressed concern that the proposed development would add an estimated additional 32,000 vehicle trips per day to existing traffic on NC 54. Ms. Broadwell also said she was skeptical that the applicant's proposal was truly "pedestrian-friendly". She added that the proposed village center was closer to NC 54 than to the center of the site. Ms. Broadwell stated that it was quite likely that people elect to drive their cars, rather than walk from point to point within the proposed development. She also expressed concern about the potential for additional cut-through traffic to nearby neighborhoods. Ms. Broadwell said she was also concerned about the potential for use overflow at the Community Center, U.S. Post Office and other community facilities.

Ruby Sinreich, a member of the Transportation and Design Review Boards, speaking on her own behalf, expressed concern about a number of the principles outlined by the applicant. Ms. Sinreich said the applicant's entryway proposal was a bad one. She also stated that the village center was not centered and was car-focused and poorly planned. Ms. Sinreich stated that master plans submitted by other developers had contained a greater level of detail than the Mr. Perry and his staff had provided. She suggested that the Council restart the review process for the applicant's proposal.

Noting that approximately one million visitors per year visited the Town, Design Review Board Member Alice Ingram emphasized the importance of developing the site in an attractive and desirable manner. She also noted the importance of having an organized and consistent road system within Meadowmont and the surrounding area. Ms. Ingram said it was very important to prevent strip development and to protect the pedestrian element of the plan. She stated that the Board recommended that driveways not be connected to the proposed main connector road, Meadowmont Lane. Ms. Ingram also said it would be desirable for fifty percent of Meadowmont's residents to live within a quarter mile of the proposed village center. She also noted that the Board felt it would be desirable for the proposed large grocery store to be located nearer existing area neighborhoods.

Bill Davis, a member of the Alliance of Neighborhoods, said he was concerned that the developer was proposing a major development on pastoral land which currently zoned R-1. He stated that the primary question before the Council was whether the Town wished to change the property's current zoning. Mr. Davis also said that there needed to be compelling reasons to change existing zoning of the property.

Mary Reeb, representing the Planning Board, said the applicant's proposal had been received by the Town prior to the Board having an opportunity to consider the possibility of a small area plan for the area. She stated that the Manager's charette idea paralleled the Planning Board's proposal for review of the project. Ms. Reeb emphasized the importance of developing the area in a manner acceptable to all parties.

Richard Franck, Chairperson of the Transportation Board, reiterated several points he made at the October 5th Council hearing on the Meadowmont proposal. Mr. Franck urged the Council to develop the property to high density, given its location along a major future transit corridor (NC 54). He also suggested that a transit hub be provided by the applicant to provide easy access to the maximum number of potential transit commuters. Mr. Franck stated that the applicant should be required to provide a grade-separated crossing along NC 54.

Ralph Abrahams, representing the Alliance of Neighborhoods, suggested that the Council step back and review the applicant's proposal carefully before considering rezoning of the property. Mr. Abrahams noted that it would be necessary to cut down a number of trees in order to facilitate the development. He also stated that the proposal would have a major impact on area roadways and transit systems. Mr. Abrahams expressed concern that the proposed village center looked like an office park and retail shopping center. Noting that there were three shopping centers in the vicinity of the proposed project, Mr. Abrahams asked how the proposed village grocery differed from existing establishments. He also said that large homes on larger lots generally created less demand on Town services. Finally, Mr. Abrahams asked the Council to consider whether it was truly possible to build soccer fields on wetlands.

Runyon Woods, speaking on behalf of Rainbow Soccer, said the program had served Town residents for twenty-two years. He stated that there are 1,400 participants in the fall program and an additional 200 participants in the sunset soccer program. Mr. Woods said it had been necessary to turn away 200 children for the fall soccer program due to a lack of facilities. He also said there was a keen need for a larger and more permanent home for Rainbow Soccer.

Planning Board Member Scott Radway urged the Council to do something meaningful for the betterment of the Town. He emphasized the need to examine whether the Town's Comprehensive Plan needed to be revised due to changing conditions. Mr. Radway stated that the Town's best interests would be served through a charette or small area plan process for this part of the Town. He noted that such a process could be used to address major land-use and environmental components of the applicant's development proposal.

Julie Andresen, a member of the Alliance of Neighborhoods, said the applicant was proposing over one million square feet of commercial space, more than at South Square Mall in Durham. She stated that the Alliance of Neighborhoods opposed the proposed rezoning of the property. Ms. Andresen said she liked the fact that staff was suggesting a change in direction, toward a more negotiated settlement. She also said it was very important that the Council allow a small area plan process for the area to go forward as soon as possible.

Pat Carstensen of the Cross-County Neighborhood Association, said she was really excited about the proposed review process for the Meadowmont proposal. Referring to discussions of pedestrian access, Ms. Carstensen stated that people tended to walk according to topographical contours rather than along radiuses of theoretical circles. She also requested that the Council investigate the possibility of rearranging open space and recreation facilities in order to minimize impacts on area wildlife habitats and wetlands.

June Stevens said she agreed with many comments made this evening. She also urged the Council to preserve a scenic vista of ponds on Pinehurst Drive near Burning Tree Drive on the grounds of the Chapel Hill Country Club.

John Kent, Acting Conservation Chairperson of the New Hope Audubon Society, said the proposed site contained a significant amount of hardwood bottom wetlands. He noted that the developer would have to cut down a large number of trees to accommodate parking for users of the proposed soccer fields. Mr. Kent urged the Council and applicant to look at vegetation in the area carefully, examining the types of soils and the number of days per year during which the area was flooded. Mr. Kent requested that the Council proceed slowly with consideration of the development proposal.

Council Member Capowski said he did not see consistency between the applicant's proposal for transportation and the proposed shopping area. Stating that the applicant was proposing approximately 500,000 square feet of commercial space, he said the area did not need the equivalent of 500 new small (1,000 square feet each) stores. Noting the proximity of the Friday Center, Finley Forest condominiums and other developments to the proposed village center, Council Member Capowski stated that the proposed commercial area was being designed to serve a clientele larger than the proposed population of the Meadowmont development.

Council Member Capowski expressed concern that the Council had not discussed whether or not the Council wished to change existing zoning in order to permit a proposal of this type on the property.

Noting that the applicant was investing a large amount of money in the proposal, Council Member Capowski suggested that the Council needed to first consider whether rezoning of the property was desirable. He suggested that the staff draft a resolution for consideration at the November 14th meeting on whether or not the Council wished to rezone the subject property. Council Member Capowski stated that this would not preclude the applicant from seeking rezoning of the property.

Council Member Protzman inquired how many residential units were permitted on the property under existing zoning. Ms. Culpepper said a maximum of 1,275 units would be permitted under existing zoning.

Council Member Evans said the DuBose property was zoned R-1 since it was all in the hands of one owner, the DuBose family, for a long period of time. Noting that almost all existing office space in the Town limits was leased, Council Member Evans said she supported some additional commercial and office development. She added that some neighboring jurisdictions were finding it attractive office and commercial projects on the fringes of the Town limits, resulting in lost tax revenues for the Town. Council Member Evans said the proposed charette process was a good step forward. She emphasized the importance of taking into account the proposed roadway network and area topography when reviewing use of the subject property. Noting the community's strong interest in basketball, Council Member Evans suggested that the applicant consider providing outdoor basketball facilities in proposed high-density apartments. She also suggested that the applicant consider restoring open space on the tract for use as recreation fields, rather than meadows, as currently proposed. Council Member Evans also suggested that the applicant encourage bicycling and use of park and ride lots. She said it would be useful for the applicant to relate the sizes and scales of proposed buildings with existing buildings and developments.

Council Member Brown said the basic question before the Council involved the zoning of the subject property. She inquired whether the proposed charette process would involve an examination of the applicant's development proposal. Mr. Horton said the process could be used to examine the Town's Comprehensive Plan, including zoning compared to the developer's plan. He added that the charette process could be used to examine issues of concern of advisory boards and citizens. Council Member Brown said the Council needed additional information concerning zoning implications. She stated that it made the most sense to examine zoning matters prior to consideration of the developer's proposal. Mayor Broun noted that the proposed charette process would provide an opportunity for review of zoning concerns. Council Member Brown said it was important to separate out zoning before examining the plan.

Mayor Broun said the Transportation Board had raised a number of strong points this evening. Council Member Chilton said he liked the Planning Board's proposal of focusing on community planning goals. He stated that these goals could be examined outside of the context of the developer's proposal. Council Member Chilton also said he endorsed the idea of having a charette to determine the community's wishes concerning possible development of the Meadowmont site.

Council Member Evans reiterated that her two primary concerns were whether proper zoning was proposed for the area and whether policies of the Town were reflected in the developer's plans.

Council Member Brown suggested that the Greenways Commission and Housing and Community Development Advisory Board participate in the proposed charette or design process. Council Member Brown said she hoped all interested persons would be able to attend the meetings.

Mr. Horton said all such meetings would be open to the public, consistent with the Town's tradition of receiving public comment throughout planning processes.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO STAFF, WITH THE MANAGER TO PREPARE A RESOLUTION SETTING A PROCESS FOR CALLING A CHARETTE OR OTHER MEETING TO ADDRESS CONCERNS RAISED BY ADVISORY BOARDS, CITIZENS AND THE COUNCIL.

Council Member Waldorf asked whether infrastructure questions would be addressed during this review process. Mr. Horton said such questions would necessarily be addressed in a limited manner.

Council Member Brown inquired about the viability of projecting costs and revenues relative to the proposed Meadowmont development. Mr. Horton said this would be somewhat subjective, even with actual or projected buildouts. He said it would be difficult to forecast meaningful estimates.

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

Council Member Waldorf thanked advisory board representatives and the applicant for their willingness to work on the proposed charette process.

The meeting concluded at 9:37 p.m.