MINUTES OF PUBLIC HEARINGS HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, NOVEMBER 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, Town Attorney Ralph Karpinos, Planning Director Roger Waldon and Development Coordinator Jennie Bob Culpepper.

Mayor Broun noted that staff had prepared and distributed a report to the Council regarding properties owned by George Tate. Mayor Broun requested that staff prepare a status report for the next regular Council meeting.

Item 1 Eastowne Office Park SUP

Persons wishing to testify in the matter were sworn by the Town Clerk or his designee. Mr. Horton requested that materials pertaining to the application be entered into the record of the hearing. Mayor Broun concurred with his request. Planning Director Roger Waldon presented an overview of the Eastowne master plan and the applicant's current request.

Brian Starkey, representing the applicant, showed a map of the proposed Eastowne development stating that the proposed building and parking deck would be compatible with existing site features. Mr. Starkey also said that the applicant would preserve an existing pond for use as a site amenity. He noted that the applicant proposed to screen the proposed parking structure with existing woodland vegetation along U.S. 15-501.

Mayor Broun requested the applicant's statement concerning proposed conditions of approval. Mr. Starkey said the applicant concurred with all but three conditions of approval. He stated that the applicant preferred that construction begin within three years of the Council's approval and completed within five years, rather than two and three years respectively, as proposed in the staff's recommendations to the Council. Mr. Starkey also noted that the applicant favored the removal of sidewalk requirements from Phase I of the proposed project. He stated that sidewalk construction would remove a substantial amount of wooded area along U.S. 15-501 and endanger the integrity of the existing pond due to required grading activities. Mr. Starkey said existing sidewalks along Eastowne Drive satisfactorily provided for pedestrian and bicycle movements within the development. Finally, Mr. Starkey requested that the proposed U.S. 15-501 left-turn lane requirement be linked to a future phase of the development. He stated that the proposed turning lane requirement was not supported by traffic studies. Alternatively, Mr. Starkey suggested that a no left turn sign be installed at the eastern intersection of Eastowne Drive with U.S. 15-501. He stated that the existing left turn lane at the western intersection of Eastowne Drive and U.S. 15-501 was sufficient to serve the proposed addition to the Eastowne Drive Office Complex.

Planning Board representative Mary Reeb said the Board had recommended approval of the applicant's request, with conditions, by a vote of 5-2.

Pat Carstensen, President of Cross County Neighborhood Association, said she felt that the Town should feel good about the Eastowne development. She urged the Council to keep the U.S. 15-501 corridor study in mind regarding the use of alternative transportation. Ms. Carstensen also emphasized the importance of reserving necessary right-of-way for future improvements to U.S. 15-501.

Council Member Powell requested additional information from staff regarding proposed sidewalk requirements. Mr. Waldon said staff believed that the applicant should be required to provide sidewalks along U.S. 15-501 as soon as possible due to the size of the proposed building and related traffic impacts. Mayor Broun inquired about the possibility of constructing the sidewalk through woodlands, rather than along U.S. 15-501. Mr. Waldon noted that it was quite likely that another building would be constructed in the woodland area sometime in the future. Mayor Broun said these circumstances would make it a wasted investment to construct a sidewalk through the wooded area.

Mr. Horton stated that applicant had prepared a good plan which complied with the approved master plan detail, including provisions for future transit interchanges and parking decks integrated into buildings, rather than as separate structures.

Mr. Starkey stated that one of the applicant's major objectives was to preserve the woodland character of the site as much as possible. He added that the Mayor's earlier suggestion concerning the development of a sidewalk through the woods could be further investigated by the applicant.

Council Member Capowski inquired how many people would work in the proposed building. Mr. Starkey said approximately three hundred and fifty people would work in the building.

Council Member Capowski requested that the staff's follow-up report contain information about the visibility of the proposed building from U.S. 15-501 and Interstate 40.

Noting the importance of pedestrian and cyclist safety, Council Member Evans inquired about the possibility of temporary sidewalks. Council Member Evans also requested that the staff look into the possibility of creative uses of the on-site pond, possibly installing a pedestrian bridge across the pond.

Council Member Waldorf said she liked idea of sidewalks winding through the woods and the concept of temporary sidewalks. She requested that the applicant look into these possibilities.

Council Member Protzman suggested that temporary asphalt sidewalks might be a workable alternative. Council Member Protzman said he strongly supported interior sidewalks instead of sidewalks along U.S. 15-501 at this stage of the project.

Mayor Broun expressed a concern regarding left turn lanes on U.S. 15-501. Mr. Waldon said staff would consult with State traffic engineers on this matter.

Mr. Starkey expressed the applicant's concurrence with the proposed conditions of approval in spite of the concerns expressed earlier in the meeting.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO TO RECESS THE MATTER TO DECEMBER 5 WITH REFERRAL TO THE MANAGER AND ATTORNEY. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

Item 2 Franklin Park Rezoning

Mr. Waldon presented an overview of the proposal.

Jimmy Thiem, representing Dr. Barbara Hershey, said there were two reasons for requesting the proposed rezoning: changing uses in the area and achieving the purposes of the Town's Comprehensive Plan.

Planning Board representative Mary Reeb said the Board had unanimously recommended the proposed rezoning.

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

Item 3 Franklin Park Special Use Permit

Parties wishing to testify in the matter were sworn by the Town Clerk or his designee.

Development Coordinator Jennie Bob Culpepper presented an overview of the request. She stated that the staff did not recommend the adjustment of sidewalks along Franklin Street to accommodate pedestrian connections. Ms. Culpepper added that a future pedestrian connection to Velma Road might be feasible. She stated that staff did not currently recommend such a connection due to the area's topography.

Jimmy Thiem, representing Dr. Barbara Hershey, the applicant, presented an overview of the proposal. He stated that a great deal of attention had been paid to making the appearance of the building fit in with surrounding existing buildings such as the Siena Hotel. He added that the proposed building would have front and rear entrances.

Mary Reeb, representing the Planning Board, said the Board had voted 6 to 1 to recommend approval of the request with conditions.

Mr. Horton noted that the Town did not require that the building have a fire sprinkler system.

Council Member Evans requested additional information about curb cuts and the proposed parking lot. She added that if a traffic signal were located on Franklin Street, it would most likely be at the intersection with Couch Road to provide for a pedestrian crossing. Council Member Evans said the Town needed to undertake a long-range examination of this matter.

Council Member Capowski asked whether the subject property was in compliance with existing Resource Conservation District and watershed regulations. Ms. Culpepper said yes.

Council Member Capowski inquired whether the applicant had investigated the possibility of installing a fire sprinkler system in the building. Mr. Thiem said the applicant did not believe that fire sprinklers were needed in the building. He also expressed concurrence with the proposed conditions of approval.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER CHILTON TO RECESS THE MATTER TO DECEMBER 5. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 Wee Care Child Day Care Facility

Mr. Waldon presented an overview of the site and proposed project.

Melissa Mishoe, Owner/Operator of the Wee Care Day Care facility, stated that the facility had been in operation seven years, had an AA license rating, the highest rating available.

Jeanne Wakefield, also Owner/Operator of Wee Care, stated that the request to add the baby house was to improve the quality of care to clients rather than the quantity of care provided.

Planning Board representative Mary Reeb said the Board had voted unanimously to recommend approval of the application with an extension of twenty-four months to hook up to established water and sewer facilities.

Council Member Evans inquired about lead-based paint from the house. Mr. Horton said it would be necessary to contract for this service.

Council Member Waldorf requested additional information concerning development-related triggers for water and sewer service. Mr. Waldon noted that these triggering provisions were contained in the Town's Development Ordinance.

Noting that all septic tanks eventually failed, Mr. Horton noted the desirability of ultimately providing direct water and sewer service rather than septic facilities.

Ms. Wakefield stated that the proposed conditions of approval were acceptable.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO TO RECESS THE MATTER TO DECEMBER 5 WITH REFERRAL TO THE MANAGER AND ATTORNEY. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

The meeting concluded at 8:27 p.m.