MINUTES OF A PUBLIC HEARING OF THE CHAPEL HILL TOWN COUNCIL

WEDNESDAY, APRIL 26, 1995 AT 7:00 P.M.

Mayor Broun called the meeting to order at 7:00 p.m.

Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman, and Rosemary Waldorf. Staff members in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, and Planning Director Roger Waldon.

Planning Director Roger Waldon stated this evening's public hearing was called by the Council to consider a report that was made by the East Entranceway Task Force and a continuation of the public hearing on the proposed Meadowmont Development.

Mr. Waldon presented a brief history of the proposal to develop the DuBose property. He said because of the long-range issues of this proposed development, the Council had decided to appoint a Work Group to study the comprehensive planning issues associated with the Town's eastern entranceway on NC Highway 54. Mr. Waldon said in particular, the Work Group was formed in response to applications for the development of the 425-acre DuBose property.

Mr. Waldon briefly highlighted the key points of the Work Group's report, which included entranceway and infrastructure goals. He stated that the entranceway goals as noted in the report were to restore and enhance natural pastoral landscapes and vistas in the 1988 Entranceway Plan, maintain and reinforce ridge lines and edges through vegetation and/or built structures, require the selective placement of well-designed buildings and structures and roadways, accept higher density incentives as trade-offs to preserve meadows, plan the area using views from the roadway and not the air, coordinate location, design and transportation facilities with entranceway landscapes, and recognize the separate character of meadows but deal with them as a whole.

Mr. Waldon stated that five infrastructure goals were defined by the Work Group. He said that the Work Group's report also recommended maintaining the entranceway characteristics of NC 54, developing Meadowmont Lane/Laurel Hill Parkway as the main collector road, avoid placing driveways on Meadowmont Lane, connecting roads to Pinehurst Drive through a grid pattern aimed at dispersing traffic, and providing a connection to the neighboring Lloyd property to the east.

Mr. Waldon said goals pertaining to schools included maximizing revenue-producing development, or mixed use development, to support the level and quality of the school system, and building an interconnecting road system for more efficient school bus routes.

Mr. Waldon stated that the goals for parks included the development of a public neighborhood park using twenty or more acres of land, coordinating mini-parks approximately 1-2 acres in size with the development of the property, promoting well-designed roads, sidewalks and neighborhoods which promote recreation, and incorporating greenways to preserve stream areas and provide recreational opportunities.

Mr. Waldon said that the Task Force's report concluded that OWASA water and sewer services were available for further extension and sufficient capacity was available to handle additional development.

Mr. Waldon said other goals included expanding police and fire service into the area as development occurred and the tax base increased, and evaluating the site for future extension of Town services. Mr. Waldon said additional goals stated in the Work Group's report included promotion of enlightened mixed-use development using characteristics stated in the group's report.

Mr. Waldon said that following tonight's meeting, the Council's schedule called for this item to be considered on May 8th. He said that on May 2nd the Planning Board would be reviewing the three applications for Meadowmont and more than one meeting might be needed for these reviews.

Viet Nguyen, a student at Chapel Hill High School, spoke as a representative of Trees, an environmental group at the High School. Mr. Nguyen said his group was concerned about overcrowding at their school. Mr. Nguyen said that there were presently 27 to 30 students per class and an additional 200 students were expected next year. He stated that at least 57 to 84 Meadowmont resident students would be added to the proposed new high school. Mr. Nguyen said this meant between 29 and 34 students per class would need to be accommodated. He invited the Council to visit the High School so they could better understand the problems faced daily by overcrowding. Mr. Nguyen said overcrowding had resulted in depersonalizing contact between students at the high school. He also questioned whether the proposed development was worth trading off with the educational needs of young people.

Kasia Barenska, also a student at Chapel Hill High School, said she also concerned about overcrowding. Ms. Barenska said she did not want the Town to become just another metropolitan area. Ms. Barenska also said she believed the Town should remain the way it was and should not be sacrificed for an increased tax base.

Elizabeth Shelton, another Chapel Hill High School student, said she was concerned about the destruction of the forest and wetlands if Meadowmont is built. She said these issues are important because animals living in Chapel Hill have a limited amount of area which is continually growing smaller. Ms. Shelton said if the wetlands are destroyed we may lose many species that are important to the ecosystem in our area, with is also important for filtering pollutants.

Anya Glowa-Kollisch, Condred Roberts, Hannah Popish, and Ian Kirk, all students at Ephesus Elementary School, spoke regarding overcrowding at their school. They said they currently have five trailers and only two have a bathroom. They stated the trailers are also dangerous during inclement weather, since students must travel building the build and the trailers for classes. They said another problem is there are many teachers who have no room of their own, and must carry their materials around with them from room to room. They stated that classes have to meet in the cafeteria and the library because of the lack of space. They stated Ephesus is already overcrowded even without the addition expected from the Meadowmont development.

Another student said Ephesus is 15% over capacity, which computes to 87 students, and they are afraid they may need to give up their gym, art room and other areas for classes.

Another student stated that parents should realize that they may be sacrificing the quality of their childrens' education because of the overcrowding. They said they expect more trailers to be put in because of the overcrowding, which means they have to walk around the school in all kinds of weather. They said they need help, whether than means building more schools of expanding existing schools.

Another student stated that the population increase expected with the Meadowmont Development will place a strain on public transportation, water supplies, and local events, and believes that if Meadowmont is built it will place too great a strain on our resources and overcrowd our schools.

Ken Touw, Chair of the School Board, encouraged the Council to support business development within the atmosphere and culture of Chapel Hill. He stated about $250,000 of the local sales tax would come back to the school system for development of school buildings, and believes we can have business development without it affecting the quality of life and the schools. Mr. Touw said if only 432 of the proposed Meadowmont homes are actually in Chapel Hill, then the impact will not be as great on the school system as originally feared. He said on behalf of the School System, we would like to work in concert with the Town and the developer to assure feasibility of the development.

Council Member Capowski asked if Mr. Touw could provide the information he quoted tonight to the Council. Mr. Touw answered yes.

Council Member Capowski asked what the assumptions were that were used by the School Board pertaining to Meadowmont. Mr. Touw said the projections took into account growth in general without the specifics of knowing how many homes would be built.

Mary Reeb, a member of the East Entranceway Work Group, does not support adoption of this report. She said the Work Group did not have the time necessary to meet their goals, and feels that the report is far from unanimous and is mediocre at best. Ms. Reed said because of time constraints they were not able to involve residents, and the report was developed under conditions that were too fast.

Valerie Broadwell, a member of the Work Group, said she feels there was a lack of information for the Work Group to carry out their charge. She said limited expertise was available, and they did not have access to statistics which she feels were necessary, such as service levels on nearby roadways. Ms. Broadwell said they had no air pollution of noise level projections, no water or sewer service projections, no knowledge of how commercial development might affect the tax base, and also doubts that many Work Group members knew the Town had recently voted to reduce the Transportation planning staff by one. Ms. Broadwell said about 30% of the members voted to recommend a Small Area Plan, but this was not reflected in the report.

Diane Bloom, also a member of Work Group, said the process was not an effective process on which to base such important decisions. She said if the proposed development is built and the report is accepted, one change would be the eastern entranceway to Chapel Hill. Ms. Bloom said if the report was adopted, we would have five story buildings instead of meadows. She said a second change would be the change in density of the development area, and a third change would be the types of uses would allow more commercial development, such as shopping, hotel, and retail along with about 40 acres of parking. Ms. Bloom these factors would make the stormwater management problems even worse. She said traffic would also have a serious impact.

Mayor Broun asked Town Manager Horton if it was possible to respond to the figures presented by Ms. Bloom at this time.

Mr. Waldon stated that our projection of additional trips added to Highway 54 would be approximately 25,000, not the 53,000 figure quoted by Ms. Bloom. He stated the application is for R-5c zoning, which would require a Special Use Permit which the Council would have to approve. Mr. Waldon said there is general office and commercial space planned, but no specific development has been proposed yet.

Council Member Brown asked when Mr. Waldon mentions our figures, is he talking about our staff's figures or figures provided by the developer? Mr. Waldon said the figures came from the Traffic Impact Statement provided by the developer's consultant. Town staff routinely reviews methodology and assumptions of traffic impact statements, which is then reviewed to be sure they are reasonable.

Council Member Capowski asked what is the current trips per day on Raleigh Road. Mr. Waldon stated in the low 20,000 range.

Robert Foley, a resident of Chapel Hill for fifteen years, stated he is a volunteer tutor at Ephesus Road school. He question how we got into the problem of virtually every school in Chapel Hill being overcrowded? Mr. Foley said in the 15 years he has lived here no new schools have been built, even though an average 300 students have been added each year. He said that now we are resorting to trailers to deal with overcrowding, and he I believes Meadowmont will only compound the problem by adding another 300 to 400 students. Mr. Foley asked how does the Council propose to deal with this problem? He suggested that the County, the Town and the School Board meet together and come up with a realistic schedule to solve these problems, and that no new development be approved that would add to the overcrowding.

Julie Andresen stated she has been a resident of Chapel Hill for twenty five years. She said she believes that development should not overtax our services, and development should respect environmental constraints of the area. Ms. Andresen said it took four years to development the Entranceway Plan, and if this report is adopted it will be destroyed by a Work Group which met hurriedly and had little information to go on. She said we need to think about our goals. Ms. Andresen asked if we want 40 acres of parking or scenic vistas?

David Adams said he was the parent of two students at Ephesus School. Mr. Adams used an overhead graph to show the amount of development presently taking place in Chapel Hill and Carrboro. He said he wants the Council to consider what this development will do to the overcrowding at the schools. Mr. Adams said he was surprised discover that there are 15 developments proposed now that would impact Ephesus School. He said we already have a major development problem which negatively impacts our schools, but said we may be able to solve these problems if everyone will work together to contribute to solving them. He said this could include real estate people, developers, the Council and all citizens. Mr. Adams said our focus in these deliberations should not be on money, but on the children, who are our greatest resource.

Jan Haley said the Council is responsible for what happens in Chapel Hill, and feels that all the data pertaining to this development should be rechecked and clarified. She stated that although the Council is not legally responsible for education, their decisions do affect the quality of the schools in Chapel Hill.

Bill Davis said he has lived in Chapel Hill since 1973, and is a member of the Alliance of Neighborhoods. He asked the Council to consider authorizing a Small Area Plan for this area. Mr. Davis said he believes this project is being rushed and that there are emotional issues that are driving this project forward. He does not think a considered approach is being taken, and does not believe that anyone could tell us the full impact if this development on Chapel Hill if built to full capacity. Mr. Davis said if the property is rezoned to R-5, that even if the proposal is not to fully develop to R-5 standards, if the developer decides to do that we could not prevent it. He said this is the last pristine area left in Town, and urged the Council to consider a Small Area Plan to give this project the consideration it deserves.

Victor Friedmann, speaking for David Pasquini who is President of Oaks I Homeowners Association who could not be present, stated this community will be the most affected by the proposed changes. Mr. Friedmann said they do not feel that the report presented by the Work Group is of high enough quality to be useful, and if the development is built, the road system will be overwhelmed and the quality of life will diminish. Mr. Friedmann said the Oaks I Homeowners Association would not tolerate any traffic using the roads through their development as a shortcut. He said significant buffers should be added to protect surrounding neighborhoods. Mr. Friedmann said they are concerned about the location of the proposed fast food restaurants, and feels they are too close to the entrance of the Oaks. Mr. Friedmann said they recommend that an independent school impact study be done before any development is approved.

Joanna Swanson urged the Council to develop a Small Area Plan that analyzes the impacts of the Meadowmont development before any changes are made to the Comprehensive Plan.

Larry Daquioag, a member of Housing Advisory Board, stated he fully endorses the Work Group's report and its affordable housing goals. He stated it is important that opportunities for affordable housing be recognized. Mr. Daquioag said the revised proposal says there will be over 400 units built, and the developer states that approximately 30 to 40 of these homes will be available to low income persons. He stated he believes that Meadowmont offers opportunities for all income levels to live and work in the area.

Stanley Robboy said he was curious about Mr. Waldon's statement about the current traffic on Hwy. 54 is about 20,000 per day. He stated he believes that number is incorrect.

Mr. Waldon commented that their estimates are correct based on current information.

Gerri Pomerance, a resident of Briarcliff, said R-1 zoning is projected to produce over 10,000 trips per day. She said that if rezoned to R-5, this figure may jump to over 50,000 per day. Ms. Pomerance said traffic volume is going to increase regardless of the actual number of trips. She said the biggest impact will be during rush hour. Ms. Pomerance said this impact, combined with the current development (Home Depot and the proposed Walmart), will contribute to the already major traffic congestion along 15-501. She said this will increase commuting time between Durham and Chapel Hill, and would also increase traffic in surrounding areas. She said because of cut-through traffic, this could place children in danger due to more cars. Ms. Pomerance asked the Council to look more closely at the traffic impact, and the impact on our schools and waterways and how these impacts will be addressed.

Bob Reda, President of Alliance of Neighborhoods, said one of the goals of the East Entranceway Task Force was to protect the "edges". He said he no longer know where these edges are. Mr. Reda said when he went on the tour of this property, balloons were placed along the supposed edges, but they were actually in the middle of the meadows. Mr. Reda said he does not feel that this development has been looked at in depth, and asked exactly what the definition of mixed use is in regard to this development.

Jane Williams, a member of the Alliance of Neighborhoods and a resident for 20 years, said rezoning from R-1 to R-5 of the DuBose property will have serious consequences for our already overcrowded schools and natural resources. She said if this project is built, we are looking at an increase far greater than our current schools can handle. Ms. Williams said the zoning change that will allow such high density developments will diminish the quality of our schools. She said zoning represents our only protection to preserve schools, and asked the Council not to consider rezoning until we are able to build the schools to accommodate more students.

Cynthia Wise, a resident of 1139 Burning Tree Drive, said she is concerned that the Meadowmont development will forever change Chapel Hill as we know and love it. She stated she feels strongly about this development and asked the Council to save Chapel Hill. Ms. Wise said she believes the traffic impact will be tremendous, since traffic has increased over the last year even without development in this area. She stated we should not have development until the infrastructure is set up to support it.

Ed Weiss, also a resident of 1139 Burning Tree Drive, stated his property abuts the DuBose property. He said he is concerned about the possibility of 1,000,000 square feet of retail space, with 40 acres of parking. Mr. Wise stated the density of the proposed development within the project is too high. He said Chapel Hill i a special place, and asked that we not prostitute ourselves for a larger tax base.

Virginia Cunningham stated the question is whether the Work Group's report should become a part of the Comprehensive Plan. Her answer is no. Ms. Cunningham said adding the report would not contribute to the Comprehensive Plan. She does, however, agree with the Work Group's statement that the Comprehensive Plan should be upgraded to include the goals of the Work Group.

Flicka Bateman, and member of the Alliance of Neighborhoods and Stop Overcrowding of Schools, said she realizes that growth is both inevitable and necessary. She said, however, the scale and pace is disconcerting. Ms. Bateman stated she did not think the public fully comprehends the impact of this development on life in Chapel Hill. Ms. Bateman said when she asked questions from Town staff, the developer, and others about the number of cars, the number of school children, the number of homes, she gets different answers. She said once these details are finally settled, we the public will need time to absorb them. Ms. Bateman asked the Council to please slow this project down and give the rest of us time to catch up. Ms. Bateman said the process may be tedious and inefficient, but to slow this project down will give us time to weigh all factors.

Livy Ludington, a representative of Stop Overcrowding of Schools, said her group was formed to put pressure on the School Board and others to force them to come to grips with the crisis being faced by our schools. She said they see Meadowmont as adding to a problem we already have, and asked the Council to begin to work toward solving these problems. Ms. Ludington said Meadowmont will only compound the existing problems. She said speaking as a citizen who has lived in this area for many years, she has watched Chapel Hill grow, but never has anything so dramatic been proposed. Ms. Ludington said she believes the retail and commercial space proposed is out of scale with Chapel Hill.

Nancy Salmon stated she is not a resident of the Chapel Hill, but shares the concerns expressed tonight. She said her primary concern about the Meadowmont project was with the process and how it was carried out, and the request for rezoning. Ms. Salmon said once the property is rezoned, it will not be possible to down-zone it. She said high density will be allowable, and we will be forced to allow the developer to utilize it. Ms. Salmon said the speed with which the process to being carried out concerns her, and asked why can't it be slowed down. She said she does not see that Meadowmont is necessary right now, than when development at an allowable density is problematic, then rezoning it for a higher density should not be allowed.

Johnny Morris stated he is in the commercial real estate business and has been a resident of Chapel Hill for 30 years. He has a child in public schools here and shares the concerns regarding overcrowding and preserving this beautiful gateway into Chapel Hill. Mr. Morris said he wanted to focus his comments on the issue of mixed use. He said the 54 East corridor has for years been under-served business-wise. Mr. Morris stated this property stands out as a clear candidate for mixed use zoning. He said office development in the 54 East corridor, with the exception of some University property, had not changed in over 25 years. Mr. Morris said the 54 interchange currently has 73,000 square feet of retail along with the two shopping centers; the 15-501 area from the Mall to I-40 has about 1.5 million square feet of retail and 1 million square feet of office; the Timberlyne area has 300,000 square feet of retail including the Chapel Hill North development and 250,000 square feet of office; and what has been approved for the Southern Village has 200,000 square feet of retail along with 250 apartment units. Mr. Morris said he quotes these figures to point out that the retail area being proposed by the Meadowmont development is only about 250,000 square feet, much smaller than University mall at 350,000 square feet.

Ed Harrison, a citizen for five years, thanked Ken Touw for the figures he presented showing the impact of this proposed development on our schools, as well as the Durham County schools. Mr. Harrison said according to Mr. Touw's figures, this development may add as many as 500 to 800 students to the Durham schools. He said he would like to see some firm figures on what the impacts would be for Durham on schools and traffic, and advocates slowing down the process for more quantitative analysis. Mr. Harrison asked the Council to consider a Small Area Plan which would involve not only Chapel Hill but Durham as well.

Bill Strom, a member of the Orange County Economic Development Commission, stated he lives on Greenwood Road. He said the roadway is already crowded, and any development will only compound the problems. He asked the Council to apply some foresight to the Hwy. 54 entranceway and do not allow any more development. Mr. Strom said he believes the expected revenue from the proposed development is the priority and it shouldn't be. He said the demands that will be placed on our community will offset any expected revenue.

Tom Gunn, a resident of Chapel Hill for 20 plus years, stated the East Entranceway Work Group report contains an endorsement of the two zoning categories. He said these clauses are being used to justify an enormous act of spot zoning. Mr. Gunn said there is nothing in the report that recommends or endorses rezoning in other areas, and this alone begs for a Small Area Plan to be conducted. Mr. Gunn said the proposed development is being looked at favorable by the Town because of its addition to the tax base. He said in his opinion adoption of this plan will change the rules.

Stacy Call, representing UNC Hospitals, said the hospitals were invited by the DuBose family to develop a new wellness center on the Meadowmont site. She said they would like to extend their service to the community by using their expertise in taking care of patients in our community during their acute illnesses and using that expertise to help prevent illnesses while developing a health promotion disease prevention program. She stated that Durham is known as the City of Medicine, and they would like Chapel Hill to be known as the City of Wellness.

Joel Harper, president of Chapel Hill-Carrboro Chamber of Commerce, asked if the Planning Board had been charged to do more long-range planning so some of these problems could have been dealt with. He stated one of the reasons the traffic is congested on 15-501 is that Chapel Hill residents travel to Durham to shop. Mr. Harper said with this new development, more shopping area will be available.

Henry Lister stated he supports the idea of a Small Area Plan.

John Kent, acting Conservation Chair of New Hope Audubon Society, said his society represents 1100 members in Orange, Durham, and Chatham County. He said they feel the wetlands are wetlands in the true sense of the word, since they have proper soils and moisture as well as vegetation. Mr. Kent said these wetlands are next to the wildlife lands which were purchased when the Jordan Lake reservoir was constructed. He said as a result many of the animals that live there seek refuge on the DuBose property during the annual flooding. Mr. Kent said some amphibians will be endangered by this development, as well as woodpeckers. He said whatever is done, the size of the project as proposed will be huge, and asks the Council to move slowly.

Mayor Broun asked if Mr. Kent if the Audubon Society could present to the Council some figures pertaining to his presentation tonight. Mr. Kent said he would forward this information to the Council.

Mr. Perry, speaking as the developer, said he believes the Council put together an extremely learned and experienced group of people to work on this report. He said he believes that mixed use development is the way to fulfill the goals of the report. Mr. Perry said the Town does not have the right to mandate how the entire entranceway will be developed, that it must be a joint effort with the property owners. Mr. Perry stated that this is where development ought to occur, based on the available land.

Philip Goodman, a recent resident of Chapel Hill, suggested that growth in inevitable and asked the Council to move slowly and carefully when considering this development. He said he would like to see the ambience of Chapel Hill preserved as much as possible.

Nancy Tolly stated she is concerned about all development in Chapel Hill. She asked where the water is coming from, and where will the water and sewage go.

Mathesh Varia stated he has lived here for 15 years, and believes the process for the Meadowmont project is moving too fast. Mr. Varia said the impact on schools needs to be studied as well as the effect on the entranceway.

Mayor Broun said this matter would come back before the Council on May 8.

Council Member Chilton asked if the Council could get the most correct figures possible. Also, why in particular is R-5c the requested zoning?

Council Member Brown asked if what will be coming back before the Council on May 8 is what came out of the charrette. Mr. Horton stated yes, unless the Council directs otherwise. Council Member Brown said she would like to see this process slowed down and considered more carefully.

Council Member Waldorf said a significant part of what the Entranceway Report addresses is the vistas. She asked whether the Council have the right to make the developer comply with the Comprehensive Plan's requirements regarding vistas. Council Member Waldorf said she agrees with Council Member Brown's conclusion that the Council needs to discuss this project more fully.

Council Member Capowski said that in the report he only sees one remark pertaining the use of mixed use land use. He stated that the Meadowmont development would have a significant impact on the Durham schools and said that their facilities manager would be forwarding a letter to the Town and asked that the letter when received be shared with the Council.

Council Member Capowski asked if there was any way to project what amount of revenue would be channelled to the schools when this development is built. He also asked if the property is not rezoned, could we still preserve the property. Council Member Capowski asked Mr. Waldon what percent of commercial development would be required to serve only the residents of Meadowmont? Mr. Waldon answered based on the proposed development, it will serve many more citizens than just Meadowmont residents. Council Member Capowski asked Mr. Waldon how many square feet of commercial space in located in the area? He also asked what authority we have at this stage to require more affordable housing. Council Member Capowski also asked how a connector like 15-501 boulevard fits into the traffic calculations. He asked Mr. Karpinos if a moratorium could be placed on the rezoning or the Special Use Permit process. Mr. Karpinos answered that the Council had no obligation to ever rezone a property under State statutes.

Council Member Waldorf asked how this would affect the developer. Mr. Karpinos stated he would be glad to research this and come back to the Council with a more detailed answer.

Council Member Capowski asked if we were still in a quasi-juridical process, and would it be proper to state opinions at this point. Mr. Karpinos said that under the quasi-juridical process, it would be improper to state opinions at this time.

Council Member Evans asked Mr. Waldon to comment on the statement made earlier about a rezoning to R-5 increasing the daily traffic trips by a factor of 5. Mr. Waldon answered that the maximum allowable density under R-1 is 3, and in R-5 the maximum allowable density is 15, which is five times R-1. Council Member Evans said that R-5c is not the same time as R-5. Mr. Waldon said that is correct, that what you get with R-5c is whatever the Council approves. Council Member Evans said that if we approve a certain level of development, could it then be built out even larger at a later date if it was not a maximum to begin with. Mr. Waldon said no, not without amending the Master Plan for the development. He said it was possible some future Council may approve a change, but it could not be done after build-out otherwise.

Council Member Protzman said that if we did nothing to alter the Comprehensive Plan, would the developer have no chance at all for revisions to the project. Mr. Waldon said when the Council reviewed the preliminary plans last fall, one of the areas identified as a problem area was that some changes may be necessary to the Comprehensive Plan. He said it may be more difficult to make the case that the development satisfies the purpose of the Comprehensive Plan with the rezoning requested.

Mayor Broun asked if, in light of the questions asked by the Council tonight, would staff still be able to come back to the Council by May 8th. Mr. Horton said yes, but there may be a need to move other items off the May 8th agenda to make time for the necessary discussion.

Council Member Powell said that she is concerned about the comments made tonight regarding overcrowding of the schools, and asked if dealing with school overcrowding could be incorporated into the process now.

Mayor Broun said we could certainly move forward in that area, but it may not be appropriate to do so within the context of this discussion.

Council Member Evans said that she believes there is sometimes a time limit when action must be taken, and asked if the Council must make a decision in a certain length of time. She asked if we would have to deny it to slow it down at this time. Mr. Karpinos said that there are specific times limits that the Planning Board has to make comments to the developer, but is not aware of any time limits placed on the Council. Mr. Karpinos stated he does believe that if a significant period of time elapsed, the Council may be subjected to legal action in which the court may direct the Council to make a decision.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO RECESS THE PUBLIC HEARING TO MAY 8. THE MOTION WAS ADOPTED UNANIMOUSLY.

The meeting was adjourned at 9:45 p.m.