MINUTES OF PUBLIC HEARINGS HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, MARCH 20, 1995

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, Development Coordinator Jennie Bob Culpepper and Long Range Planner Rob Wilson.

Item 1 Proposal to Merge Design Review Board and

Community Appearance Commission and Proposed Subdivision

of 25 or more lots

Mr. Waldon presented an overview of the Town's development review system and possible changes to the system.

Alice Ingram, a member of the Design Review Board, said she felt she could not represent the Design Review Board's overall viewpoint because so many elements had changed throughout the process. Speaking on her own behalf, Ms. Ingram said she felt that the Council was moving in the right direction in this matter.

Dianne Bachman, Chairperson of the Appearance Commission, said she did not feel that she could speak for the Commission due to the great number of drafts and changes involved throughout the review process. Speaking on her own behalf, Ms. Bachman also said she felt that there were some inconsistencies with the proposal. She stated that it would be desirable for the Design Commission to review conceptual plans prior to any formal staff review. Ms. Bachman said that staff input would be more effective at later stages, rather than the conceptual stage. Stating that the project's goals and objectives had been blurred, Ms. Bachman suggested that the Council refer the matter to the Design Review Board and Appearance Commission for further review and clarification of these goals and objectives.

Planning Board Representative Scott Radway said the Planning Board supported the proposed ordinance amendment and concept plan. Mr. Radway also said he felt that the viewpoints of all advisory boards should be carefully considered by the Council.

Ruby Sinreich, spoke on adding liaisons to the Planning and Transportation Boards, and felt strongly that being on any board requires special training in planning issues. She would like to see time reserved on the agenda for the public to speak and citizens to be invited not attend.

Dan Coleman urged the Council to make full use of the talents of its advisory board and commission members. Mr. Coleman said that there needed to be greater emphasis on proactive, rather than reactive planning, in the community.

Transportation Board Chair Richard Franck presented an overview of the Board's recommendations. He also noted the importance of inviting public comments on development proposals as early as possible in the review process.

Tom Gunn said he felt it would be a good idea for developers to present concept plans to the proposed Design Review Commission as early as possible in the process.

Bob Reda, President of the Alliance of Neighborhoods, said he hoped that this plan would be successful in its objectives to receive citizen comments earlier in the process and to keep applicants from being blindsided by unexpected concerns arising late in the process.

Diane Bloom requested that Mr. Radway be permitted to complete his earlier presentation. The Council concurred. Mr. Radway presented an overview of ideas for possible improvements to the proposed process.

Joel Harper urged the Council not to forget the needs of small business persons in the development review process.

Richard Williams emphasized the importance of good long-range planning. He suggested that the proposed Design Commission have an active long-term planning role. Mr. Williams said he hoped that it was possible to develop a good community-wide approach to address development concerns.

Council Member Protzman suggested that the Council permit board or commission representative to have a six-minute, rather than three-minute, limit for presentation of their remarks. Mayor Broun suggested that the Council discuss this matter in the future. Council Member Protzman said he liked the structure proposed by the Transportation Board. Council Member Protzman also said he agreed with the remarks of some speakers that long-range planning had been lost in the process. He suggested that greater emphasis be placed on this element in the future. Council Member Protzman also said it was very helpful to know about points of disagreements between boards and commissions on individual development applications, rather than homogenizing these recommendations when there were disagreements.

Council Member Capowski said he felt that there had not been a good enough argument made that quality would increase sufficiently with the current proposed changes.

Council Member Brown said she agreed that some objectives had been lost during the overall review process. She stated that the review process had begun with the desire to learn how the availability of affordable housing could be enhanced. Council Member Brown expressed concern that this objective had been lost during the process. She also noted that some items had been added along the way, such as additional staff to make the process more efficient and less costly.

Suggesting that once the Council acted on a proposal, it should be turned over to advisory boards and commissions and staff for implementation, Council Member Evans said she did not see how the proposal would increase needed staff time. Council Member Evans said she believed the amount of staff time needed for review and other activities would likely decrease.

Council Member Chilton, asked which, if any approvals, would be transferred from advisory boards to staff. Mr. Waldon stated that signs and landscape plans previously handled by the Appearance Commission would be handled administratively in the future. Noting that the Design Review Board currently met at 3:30 p.m., Council Member Chilton suggested moving these meetings to a later time in order to encourage greater citizen participation.

Council Member Powell said she believed it was possible that additional staff would be needed to support the revised development review process.

Council Member Waldorf stated that the possible provision of additional staff was a budgetary decision. She emphasized the importance of focusing on developing an improved development review process. Council Member Waldorf also suggested having one unified board recommendation, rather than four or five differing recommendations.

Mayor Broun said although he felt that the Design Review process was very good, there had also been some problems which needed the Council's attention. He expressed concern that the overall process had lost sight of the need for more efficient and timely reviews of development proposals. Mayor Broun also stated that the Council should be less concerned about specific board and commission responsibilities and more concerned about the importance of facilitating citizen comments. He suggested that another proposal be drafted, with an emphasis on public participation in the process. Mayor Broun also suggested that the Council hold a follow-up work session or similar meeting on a revised proposal, reflecting the comments received at this evening's meeting. He also said it would be beneficial for Council Members to develop proposals for possible changes to the review process. Mr. Horton said staff would be pleased to prepare a follow-up report, including a number of proposals for Council consideration.

Mayor Broun stated that based on this evening's comments, it appeared that no one was pleased with the present proposal. He reiterated his earlier remark that a Council work session on the matter might be useful.

COUNCIL MEMBER PAVÃO MOVED TO CLOSE THE PUBLIC HEARING.

Council Member Capowski suggested that the Council schedule a work session following receipt of the staff's follow-up report.

Council Member Waldorf requested a clarification of the Mayor's earlier suggestion for a follow-up staff report. Mayor Broun said staff would prepare a summary of this evening's comments along with possible options for Council consideration.

Council Member Brown inquired about a timeframe for the follow-up report. Mr. Horton said it was not currently possible to determine a specific follow-up date. Mayor Broun suggested the possibility of a follow-up some time in June.

COUNCIL MEMBER PAVÃO 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 2 Proposed Annexation of Four Areas

Rob Wilson, Long Range Planner, presented an overview and a brief introduction for each of the four areas.

Area 1 - Chesley V Subdivision

Fred Johnson said he opposed the proposed annexation because area residents would not receive the same levels of services as other parts of the Town. Mr. Johnson said he and his neighbors wished to receive the same level of police and fire service as other Town neighborhoods.

Mayor Broun inquired whether Mr. Johnson concerns about police and fire service could be mitigated. Mr. Horton said when and if the area were annexed, it would receive the same level of police and fire service as other parts of the Town.

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).

Area 2 - Clark Lake Road

Council Member Powell inquired how many new police officers would be required as a direct result of this proposed annexation. Mr. Wilson stated that one additional police officer would be needed between the four areas and one additional new police officer would be proposed for the new high school campus.

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

Area 3 - Culbreth Park

Jeff Poupart, President of the Culbreth Park Homeowners Association, said his association favored the proposed annexation.

Council Member Brown requested that the matter of the resale of homes in Culbreth Park come back before the Council in the future. Mr. Horton said staff could redistribute a previously drafted memorandum on this issue.

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

Area 4 - Cobble Ridge Subdivision

William Camp spoke on the impact that traffic might have on future roads in this subdivision. Mr. Camp requested that the Council consider having loops within the Cobble Ridge development which would not directly access areas such as the Southern Village area.

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

Item 3 Erwin Ridge Subdivision

Persons wishing to testify in the matter were sworn by the Town Clerk's designee.

Development Coordinator Jennie Bob Culpepper presented an overview of the applicant's proposal.

Planning Board representative Mary Reeb said the Board had voted unanimously (8-0) in favor of the applicant's proposal.

Tony Whitaker, the project's engineering consultant, said the applicant had some concerns about the homeowners association maintaining a proposed ten foot wide strip buffer. Mr. Whitaker also expressed concern about the widening of Erwin Road north of the Powell property. He noted that a federal permit, which could take up to two years to receive, would be needed for expansion of a culvert. Mr. Whitaker stated that the project needed to be completed in one phase, rather than several phases, in order to be financially feasible. He also noted that the applicant was concerned about the variable pavement widths along Erwin Road relative to traffic maneuvers, pedestrians and bicyclists. Mr. Whitaker stated that varying roadway widths could contribute to greater confusion and higher accident rates.

Council Member Capowski inquired about the estimated cost for widening 200 feet of Erwin Road. Mr. Whitaker said about $20,000 to $30,000. He added that environmental impacts also needed to be taken into account. Mr. Whitaker noted that an estimated one hundred truckloads of dirt would be needed to fill in the area in question.

Council Member Capowski also asked whether it was reasonable for the Town to take on the widening of the road in front of the Powell property. Mr. Horton stated that at some point the Council might wish to do so, depending on future developments in the area.

The applicant expressed his concurrence with the proposed conditions of approval.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE HEARING TO APRIL 10TH WITH REFERRAL TO THE MANAGER AND ATTORNEY. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 Southern Village Day Care SUP

Persons wishing to testify in the matter were sworn by the Town Clerk's designee.

Development Coordinator Jennie Bob Culpepper presented a brief project overview.

Jim Earnhardt, the project's representative, said his client was in agreement with the proposed conditions of approval.

Council Member Brown said she thought that the day care facility was greatly needed. Council Member Brown requested a clarification of proposed driveways and alleyways relative to the proposed development. Ms. Culpepper stated that businesses within Southern Village would face public roads and access would be from public alleys, which also would be public roadways. Mr. Earnhardt noted that buffering would be provided between the proposed day care facility and adjoining roadway.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECESS THE HEARING TO APRIL 10TH WITH REFERRAL TO THE MANAGER AND ATTORNEY. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

The meeting concluded at 9:28 p.m.