MINUTES OF A WORK SESSION AND PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, MONDAY, FEBRUARY 6, 1995

Mayor Broun called the proceedings to order at 6:30 p.m. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Work Session on Sustainability

At Mayor Broun's request, Council Member Brown introduced Professor David Brower, UNC Planning Professor and advisor for the student project on sustainability.

Susan Hass said that she and fellow students Will Allem, Kevin Krizek, Ron Sissem and Susan McConville had prepared the report before the Council this evening.

Ms. Hass briefly reviewed the definition of sustainability noting that the concept of sustainability involved a number of integrated objectives and principles. Ms. Hass said it was important that both the public and private sector follow sustainability principles.

Ron Sissem said the concept of sustainability involved maintaining and enhancing the quality of life of Town residents through the development of a common vision for the future. Mr. Sissem also said it was especially important for the Town to develop indicators of sustainable development in order to monitor its progress. He stated that the Work Group would focus its work plan on the following areas: transportation, land use, energy resource use/environment, economic development and housing.

Council Member Brown commended the group for making a very good beginning on its project. She noted that the following committee members were in attendance this evening: Paul Killough (Transportation Board), Martin Rody (Planning Board) and Sarah Kogut (Human Services Advisory Board).

Council Member Protzman said the definition proposed by the Working Group offered excellent balance. He inquired whether the Group had any thoughts about the role of population control as related to the concept of sustainability. Mr. Sissem said population control was tangential to several aspects of the definition.

Council Member Brown noted that Carrboro Alderman Mike Nelson and Carrboro Town Manager Bob Morgan were in attendance this evening.

Council Member Capowski thanked the Working Group for its good work and presentation to the Council. He inquired how development at the UNC Hospitals campus might have been impacted by principles of sustainable development. Will Allen said sustainability principles may have impacted the campus' building program regarding building and pedestrian scales from a site design perspective and improved planning processes.

Mayor Broun inquired about the proposed form of the sustainability principles. Council Member Pavão indicated that the Working Group would explore principles in other communities to determine which ones had and had not worked. Council Member Evans said she hoped the Working Group would address commuting patterns and regional cooperation matters.

Mayor Broun thanked the UNC Working Group and Professor Brower for presenting a very useful study to the Council.

In response to Council Member Protzman's earlier query about population control, Mr. Sissem said he did not believe that sustainable development addressed population control directly.

He also stated that population control was a major world problem which could not be handled by smaller governmental units.

Item 2 Public Hearing on Resource Conservation District (RCD) DOTA

Planning Director Roger Waldon stated that the Town had initially adopted a Resource Conservation District (RCD) ordinance in 1985. He noted that adjustments had been made to the ordinance in 1987 and again in 1993. He said the principal focus of the current proposed amendment was to permit the reconstruction of buildings which were destroyed in the Resource Conservation District, without the need for review by the Board of Adjustment. Mr. Waldon stated that staff believed that the Resource Conservation District regulations were very important in terms of protecting water quality and in reducing flooding risks. He noted that the Planning Board had unanimously recommended against the proposed text amendment.

Katherine Newbury, a resident of the Ridgefield neighborhood, said she was very concerned about flooding in her part of the Town. Ms. Newbury noted that her home was located on the fringe of the one hundred year flood plain. She urged the Council not to weaken the Town's existing Resource Conservation District (RCD) regulations. Ms. Newbury also urged the Council to have an open public process to consider any possible changes to existing rules.

Dick Matthews, a 38-year Town resident, urged the Council to adopt the staff's preliminary recommendation, amending Resource Conservation District regulations. He said the proposed amendment made economic sense since lenders were generally hesitant in making loans to property owners in the resource conservation district. Mr. Matthews said it would be disastrous for the community if property owners could not rebuild structures in the floodway, flood plain or resource conservation district.

Karen Raleigh said she believed in the Resource Conservation District (RCD) ordinance pertaining to new development. Ms. Raleigh said she also believed in fairness to property owners.

She expressed concern that existing regulations precluded the reconstruction of commercial buildings in the resource conservation district which were destroyed by calamitous events. She urged the Council to adopt the proposed change recommended by staff in its preliminary recommendation. Ms. Raleigh stated that the existing ordinance threatened the jobs and livelihoods of many Town residents.

Mickey Ewell said he concurred with the staff's preliminary recommendation. He requested that the Council favorably consider the proposed text amendment.

Steve Greenberg said he had purchased his commercial property in 1982, prior to the adoption of the resource conservation district regulations. He stated that not permitting businesses to rebuild destroyed structures would create extreme financial hardships.

Bill White, speak on behalf of Al Copps, said Mr. Copps had attempted to sell his office/condominium on South Estes Drive in April, 1994. Mr. White said Mr. Copps had been unsuccessful in this effort and had moved his offices to Raleigh. He also stated that Mr. Copps had recently found a potential buyer, with sale of the property being contingent upon the availability of property insurance. Mr. White urged the Council to adopt the proposed text amendment.

Frank Rogers-White, President of the Estes Office Park Association, said he supported the proposed text amendment. He requested that the Council keep in mind that the buildings in the Estes Office Park were constructed prior to adoption of the Town's resource conservation district regulations.

John Richmond, representing the owners of Eastgate Shopping Center,

asked the Council to consider the ramifications of not permitting property owners to rebuild structures in the resource conservation district. He urged the Council to adopt the proposed development ordinance text amendment.

Valerie Broadwell emphasized the importance of providing opportunities for public comment on proposed changes in the Town's development regulations. Ms. Broadwell expressed concern that bypassing the standard review process would contradict the public input element of the development review process. She asked that the Council carefully consider the input of persons negatively impacted by proposed changes in regulations.

Wallace Kuralt, owner of the Intimate Bookshop, thanked the Mayor and Town Council for their assistance in expediting the rebuilding of his business on East Franklin Street. He urged the Council to

adopt the proposed development ordinance text amendment concerning resource conservation district regulations.

Johnny Mariakakis said it was important to remember that Council Members served in the best interest of the entire Town. He requested that the Council err on the side of economic justice in its decision-making process.

Miles Fletcher, a resident of Willow Drive outside the Resource Conservation District, said he opposed the proposed text amendment. Mr. Fletcher noted that one of his neighbors had been unable to make an addition to his home because the project's contractor had struck water a few feet below the proposed site. He urged the Council to take extreme caution before altering the Town's existing resource conservation district ordinance.

Stating that the proposed amendment was both fair and just, Collins Kilbourn said he favored the proposed text amendment.

Ken Lessler, owner of an office/condominium at Estes Office Park, urged the Council to adopt the proposed change in resource conservation district regulations.

Martin Groder, owner of an office/condominium at Estes Office Park,

said existing regulations concerning rebuilding in the resource conservation were unfair and devalued properties.

Bob Dick asked the Council to support the proposed change in the Town's resource conservation district ordinance for reasons of fairness and good business practice.

Lightning Brown requested that the Manager's report from the previous meeting on the proposed amendment, materials he submitted at that meeting and the recommendations of the Stormwater Management Committee be entered into the record of the hearing. Copies of all the referenced materials are on file in the Town Clerk's Office. Mr. Brown also requested that the Council give full consideration to all property owners in the Town when considering the proposed text amendment change. He also stated that safety considerations of all citizens were very important. Mr. Brown stated that frequent flooding in some parts of the Town tended to depress property values and increase flood insurance rates throughout the Town. He also urged the Council not to endanger the Town's eligibility for enrollment in federal flood insurance programs.

Bob Reda, President of the Alliance of Neighborhoods, said he thought the Council's recent action concerning the resource conservation district had adequately addressed relevant concerns. Mr. Reda said he was concerned that the proposed text amendment could open up a Pandora's box of unanticipated outcomes. He suggested that the Council consider having the Town issue certificates of assurance to property owners indicated that they were authorized to rebuild their businesses if necessary using existing FEMA regulations.

John Kent said he opposed the proposed text amendment. Mr. Kent noted that a major streamway had been paved over during the construction of the Eastgate Shopping Center. He expressed concern that the Town's most recent flood insurance rate study had been conducted over twenty years ago. Mr. Kent also said he believed that the Council would be inviting bigger problems if the proposed amendment were adopted.

Postulating that a new rate study found that all homes on Ephesus Church Road were in the flood plain, Council Member Protzman inquired whether these property owners would be forbidden from rebuilding without receiving variances from the Board of Adjustment. Mr. Waldon said it would be necessary for properties in the flood plain to obtain a variance for rebuilding activities.

Council Member Evans inquired about the bases for granting variances. Mr. Waldon said the Board of Adjustment would need to grant a minimum variance for relief if there were no legally reasonable use of a property outside of the flood plain and such a circumstance would pose an extreme hardship to the property owner.

Council Member Chilton inquired whether the proposed amendment was clear about the fact that property owners could only reconstruct the same or a smaller size in terms of square footage. Mr. Waldon said expansion of existing properties was prohibited without a variance. Council Member Waldorf asked whether it was correct that both the building intensity and footprint needed to be unchanged. Mr. Waldon said this was correct.

Council Member Chilton inquired whether property owners could add parking spaces without a variance. Mr. Waldon said applicants would need to obtain a variance under the Town's current and proposed regulations. Council Member Chilton inquired whether the Eastgate Shopping Center or University Mall would need a special use permit in order to rebuild in the event that they burned down.

Mr. Waldon said University Mall would not need a new special use permit since there was already an approved one in place. Mr. Waldon also said he would need to check specifics concerning the Eastgate Shopping Center.

Council Member Chilton inquired whether there would a public input process for projects which required a special use permit. Mr. Waldon said staff would prepare a follow-up report on this matter.

Council Member Chilton stated that flood plains, floodways, and the resource conservation district had always been bad places to build in.

Expressing concerns about the potential for downstream flooding, Council Member Capowski inquired how requests for additional parking could be handled. Mr. Waldon said applicants proposing additional parking in the resource conservation district would need to request a special use permit and a variance. Council Member Capowski inquired how many buildings would be effected by the proposed change in regulations. Mr. Waldon said he did not have a specific estimate. Council Member Capowski inquired whether University Mall could be reconstructed in the event of a fire. Mr. Waldon stated that the mall spanned the entire regulatory spectrum, with some portions in the flood plain, while others were in the floodway or the resource conservation district alone.

Council Member Brown inquired about the status of the Town's request to FEMA for remapping of the Town's flood plains. Mr. Horton said staff could provide additional information on this matter in its follow-up report.

Council Member Powell inquired about the definition of the term "floodproofing". Mr. Waldon noted that the Council's agenda packet outlined FEMA's definition of floodproofing. Council Member Powell inquired whether requests for rebuilding in the resource conservation district would be impacted in the event of a property sale. Mr. Waldon said no, noting that development approvals were tied to land parcels, rather than to property ownership.

Mayor Broun inquired whether it would be possible to ascertain the insurance industry's response to the proposed text amendment. Mr. Waldon said staff could follow up on this matter. Mayor Broun inquired whether it was correct that the Town did not currently have a process for property owners to obtain binding advisory opinions from the Town concerning reconstruction of buildings. Mr. Horton said this was correct.

Council Member Protzman said he thought that remapping of the Town's flood plain would find that the area currently depicted on FEMA's detailed maps would need to be expanded. Council Member Protzman said he was also somewhat frustrated with this evening's discussion. He stated that if a large number of residential, rather than commercial, property owners were requesting the proposed change, it was more likely that the Council would favor the proposal.

Council Member Brown inquired whether there had been any instances in which the Town did not permit rebuilding of a destroyed building. Mr. Horton said there were no such instances similar to those contemplated in the proposed ordinance. Mayor Broun inquired when the matter would return for Council action. Mr. Horton said February 27th.

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

Item 3 Public Hearing on Proposed Merger of Parks and Recreation

and Greenways Commissions

Mr. Horton said the staff's memorandum to the Council contained a number of possibilities for merger of the two commissions. He also said staff welcome public comment on the matter.

Andrea Rohrbacher, Chairperson of the Greenways Commission, stated that the Greenways Commission had recommended that the Council not proceed with the merger of the two commissions. Ms. Rohrbacher said the commissions had different focuses. She also said that a combined commission would not provide adequate representation of parks and recreation or greenways interests. Ms. Rohrbacher requested that the Council allow the Greenways Commission to continue in its present role.

Bob Reda said the Alliance of Neighborhoods urged the Council not to merge the Greenways and Parks and Recreation Commissions. He stated that the Alliance did favor holding joint meetings of the two commissions for consideration of development proposals. Mr. Reda also noted that neither of the commissions wished to be merged with the other.

Lightning Brown said the Town had had a greenways plan for about thirty years. Mr. Brown noted that he had chaired the Town's first greenways task force established in 1983. He stated that the Greenways Commission provided a repository of special knowledge for the development of greenways. Mr. Brown also expressed concern that merging the two commissions might result in a loss of impetus for the creation of additional greenway trails in the Town. He urged the Council to maintain separate greenways and parks and recreation commissions, with their individual missions and expertise.

Council Member Protzman noted that he served as the Council's liaison to the Greenways Commission. He expressed appreciation to the Greenways Commission for their efforts. Council Member Protzman said one of the reasons for examining the possible merger of the commissions was the potential for reducing the amount of board and commission staff support time. He expressed hope that the Council could find a way to reduce the need for staff support for boards and commissions.

Council Member Chilton said he was somewhat torn about the proposal for the merger of the two commissions. He stated that although the potential for saving staff time was important, it was equally important that the Town's focus on greenways not be lost in a possibly merged commission. Council Member Chilton suggested that the staff's follow-up report contain information about the amount of staff time dedicated to the activities of the two commissions.

Noting that he had previously served on the Parks and Recreation Commission, Council Member Pavão said he hoped the two commissions would be able to continue to work together on mutual goals and joint missions. He also stated that a series of greenway trails were proposed for the Pritchard Park site.

Stating that very few development proposals went before the Greenways Commission, Council Member Brown said it would be relatively easy to have joint development hearings between the Greenways and Parks and Recreation Commissions.

Mayor Broun expressed concern that the Town might have fallen behind schedule in providing greenway trails to the Town. He suggested that regardless of which course of action the Council took, care should be taken to keep the importance of greenways in the public eye. Council Member Pavão concurred, noting that greenways should not be lost by the Town's overall priorities.

Council Member Waldorf suggested that the two commissions provide the Council with information about what portion of their activities were contingent upon capital funding. She also requested information about the level of interaction and the possibility of greenway interconnections, if any, between the Town's greenway program and those in Orange County and the Town of Carrboro.

Council Member Capowski suggested that the Council needed to consider the possibility of a future bond sale for the acquisition of open space, greenways and ball fields. He also suggested that it was important for more communication to occur between the Town's advisory boards, particularly at lower levels.

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

There was no need for a closed session. The meeting concluded at 8:32 p.m.