MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 12, 1995 AT 7:0

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 12, 1995 AT 7:00 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Jim Protzman and Rosemary Waldorf. Council Member Barbara Powell was absent excused. 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.

Ceremony

Mayor Broun said it was a pleasure for the Council and himself to recognize two retiring Town employees with over fifty years of service to the community. Mayor Broun presented George Lundsford and Lieutenant Robert Frick with plaques of appreciation from the Mayor and Town Council.

Petitions

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER A PETITION FROM THE CHESLEY HOMEOWNERS ASSOCIATION, CONCERNING SPEED LIMITS ALONG WEAVER DAIRY ROAD, TO THE MANAGER.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Capowski stated that Clifton Metcalf, representing the Library Board of Trustees, had recently attended a meeting of the Orange County Board of Commissioners, requesting additional County funding for Town library services. He requested that Mayor Broun forward a letter to the Commissioners supporting the Library Board's request. Mayor Broun said he would be pleased to do so.

Mayor Broun noted that the General Assembly had recently approved local enabling legislation concerning open alcoholic beverage containers. Mr. Horton said a follow-up item on this matter could be prepared for the Council's June 26th meeting.

Consent Agenda

Council Member Brown requested removal of item e for discussion at the end of the meeting.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (ITEMS B, C AND D). THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (95-6-12/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions as submitted by the Town Manager in regard to the following:

a. Deleted.

b. Change order for new buses (R-2).

c. Extending review period for review of proposed increase in rate for basic cable television service (R-3).

d. Authorizing July 4th celebration contracts (R-4).

e. Calling hearing for October 18th on proposal to increase the number of member of the Board of Adjustment (R-5).

This the 12th day of June, 1995.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A CHANGE ORDER TO THE GILLIG CORPORATION FOR THE PURCHASE OF UP TO TWENTY‑EIGHT 35' ADVANCED DESIGN TRANSIT COACHES (95‑6‑12/R-2)

WHEREAS, the Council in December, 1994, authorized the execution of a $5,860,408 contract with the Gillig Corporation for the purchase of up to twenty‑eight 35' advanced design transit coaches; and

WHEREAS, the staff have identified options which will improve the maintainability and service life of these coaches, and allow greater compliance with the Americans with Disabilities Act regulations; and

WHEREAS, funding for this change order is available in the budget for existing or pending grants;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a $83,320 change order to the contract for the Purchase of Twenty (20) 35' Advanced Design Transit Coaches.

BE IT FURTHER RESOLVED that the Manager is authorized to order eight additional coaches at a unit price of $215,436 which is an increase of $4,166 over the initial bid price, subject to receipt of budgeted federal and State grant funds.

This the 12th day of June, 1995.

A RESOLUTION EXTENDING THE PERIOD FOR REVIEW OF BASIC CABLE TELEVISION RATES UNDER FEDERAL REGULATIONS (95-6-12/R-3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the 30-day period for rate review is extended by additional 90 days for consideration of the filings by Cablevision of Chapel Hill and Cablevision of Durham dated May 25, 1995.

This the 12th day of June, 1995.

A RESOLUTION AUTHORIZING AGREEMENTS AND RELATED ACTIONS FOR THE JULY FOURTH COMMUNITY CELEBRATION (95-6-12/R-4)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the Manager to enter into agreements on behalf of the Town for use of Kenan Stadium and other University facilities, a fireworks display, a musical program, and private co-sponsorships; and to take related actions such as application for all necessary permits for a July Fourth Celebration at Kenan Stadium.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to temporarily close Ridge Road in the vicinity of the Ramshead parking lot between Manning Drive and Stadium Drive on the evening of July 4, 1995 and on the raindate of July 5, 1995, if necessary.

BE IT FURTHER RESOLVED that the Council expresses its sincere appreciation to the Town of Carrboro, the University of North Carolina at Chapel Hill Department of Athletics, Office of Business and Finance, and Department of Physical Education for their willingness to make facilities and staff available for this community celebration; to the University Departments of Police, Traffic and Parking, and Health and Safety for their cooperative support, and to The Chapel Hill Herald Newspaper, WCHL Radio, Saturn of Chapel Hill, Cablevision, Resolute Building Company, Dominoes Pizza, Sienna Hotel, Village Companies Foundation, and the First Union Bank for their support and participation to help make the July Fourth community celebration possible.

This the 12th day of June, 1995.

Information Report

Mayor Broun noted that the Transportation Advisory Committee felt it was very important for the Town's citizens to have an opportunity for meaningful input in the certification process. He noted that a public meeting on the process would be held on July 13th at the Chapel Hill Public Library.

Board and Commission Nominations and Appointments

Appearance Commission Nominations

Noting that there were no applicants for the Commission, Council Member Evans said the Council could encourage people to apply for seats on the Commission. Noting that the Commission might be merged with another board in the future, Council Member Waldorf said this might serve as an impediment to recruiting new members.

She suggested that the Council could ask that seated members with terms expiring on June 30, 1995 continue to serve until the Commission's future was finally resolved. There was Council concurrence on this point. Council Member Waldorf requested that

staff notify effected Commission members of this request in the near future.

Greenways Commission Nominations

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO NOMINATE ALL APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE GREENWAYS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Historic District Commission Nominations

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO NOMINATE ALL APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE HISTORIC DISTRICT COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Orange Water and Sewer Authority (OWASA) Board Nominations

Mayor Broun noted that Council Member Pavão had volunteered to serve on the OWASA Screening Committee along with Council Members Chilton and Evans. Council Member Chilton noted that the Screening Committee would convene in the near future.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE ALL APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE ORANGE WATER AND SEWER AUTHORITY (OWASA) BOARD OF DIRECTORS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Design Review Board

Noting that there were presently no applications on hand from planners or architects, Council Member Waldorf suggested deferring action on the appointments this evening, with appointments possibly occurring at the June 26th meeting. Council Member Evans expressed her willingness to serve on the Council's Screening Committee for the Board, along with Council Member Waldorf and Board Member Michael Hining. There was Council concurrence to defer appointments until the June 26th meeting.

Library Board of Trustees

Council Member Pavão noted that the Library Board was recommending the reappointment of members Clifton Metcalf and Virginia Young and the appointment of James Harler and Marilyn Ryan.

CLIFTON METCALF (8 VOTES), VIRGINIA YOUNG (7 VOTES), JAMES HARLER (7 VOTES) AND MARILYN RYAN (6 VOTES) WERE APPOINTED. PAUL FAREL ALSO RECEIVED FOUR VOTES. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Planning Board

SCOTT RADWAY (7 VOTES) WAS REAPPOINTED TO THE PLANNING BOARD. MICHAEL KLEIN ALSO RECEIVED ONE VOTE. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Appointment Recommendation to Orange County Economic Development Commission

Mayor Broun said he recommended that the Council recommend the reappointment of Bill Bracey as the Town's representative on the Orange County Economic Development Commission. Council Member Evans stated that Bill Bracey was a good contributing citizen and a good board member.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECOMMEND THE REAPPOINTMENT OF BILL BRACEY TO THE ORANGE COUNTY ECONOMIC DEVELOPMENT COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Proposed Comprehensive Plan Amendment: East Entranceway

Mr. Horton presented a brief overview of the possible amendment to the Town's Comprehensive Plan for the East Entranceway (NC 54) corridor.

Appearance Commission and Design Review Board representative Alice Ingram stated that the Commission and Board had met on June 7th to

discuss the proposed amendment to the Comprehensive Plan. She stated the Design Review Board and Appearance Commission generally supported the goals relative to the east entranceway corridor. Ms. Ingram stated that the two panels felt that the goal concerning limiting office and retail components to neighborhood needs was too vague. She said the Appearance Commission and Design Review Board felt that the proposed goal should state that office and retail uses provide adequate goods and services for the eastern portion of the Town. Ms. Ingram also stated that the retail component should focus on attractive places to shop which would be pedestrian and mass transit-friendly, with a centrally located village center. Ms. Ingram noted that the Appearance Commission and Design Review Board recommended that the village center area include food, drug, hardware, clothing, hardware and card stores, a dry cleaning establishment, a theater and a day care center.

She also stated that the Appearance Commission and Design Review Board felt it was important to ensure the development of pedestrian and bicycle linkages to both sides of NC 54, to avoid locating residential driveways on main collector roads, and to identify and reserve sites for community needs.

Lawrence Daquoiag, representing the Housing and Community Development Advisory Board, said the Board thought it was very important for the proposed Comprehensive Plan statement to reflect the importance of the provision of affordable housing. He added that the Board supported mixed-use zoning in this area.

Transportation Board representative Ruby Sinreich said the Board

endorsed the proposed changes to the Comprehensive Plan. She also stated that no incarnation of the proposed Meadowmont development would fit into the proposed Comprehensive Plan amendment. Ms. Sinreich stated that it was unrealistic to think that the land parcel for the Meadowmont development would not be developed in the future.

Peter Todd, representing the Orange County Greens, commended the Council for incorporating citizen comments into the proposed Comprehensive Plan amendment. Mr. Todd presented a number of suggestions concerning the definition of the word "neighborhood". A copy of Mr. Todd's remarks are on file in the Clerk's Office.

Noting the importance of small businesses having room to grow in the Town, Richard "Stick" Williams said he was concerned about the proposed use of "fine grain" development of mixed uses. He expressed concern that area residents would have to drive elsewhere for goods or services if the Council managed land uses too tightly. Mr. Williams cited the Regency Park mixed-use development in Cary as an example of development which worked well for all concerned. He urged the Council not too manage mixed-use development too tightly.

Ray Troutner said common sense and good planning were needed to prevent overcrowding in the Chapel Hill-Carrboro Schools. He requested that the Council form a committee to study school population growth. Mr. Troutner said he was depending on the Council to study growth and related problems in local schools.

Barney Koszalka said the Oaks Homeowners Association had recently presented a petition to the Council opposing rezoning of the subject tract from R-1 zoning. He also stated that it had been a major mistake for Pinehurst Drive to be designed as such a wide street, with more cars going faster along this roadway. Mr. Koszalka requested that the Council maintain R-1 zoning and limit access by not having a direct access from Pinehurst Drive into the Meadowmont development.

David Pasquini, speaking on behalf of the Oaks I Homeowners Association, said his association opposed the draft east entranceway plan goals. Mr. Pasquini asked the Council to further study the East Entranceway element of the Comprehensive Plan and how it related to proposed uses in concert with area residents. He presented a brief overview of the wishes of neighborhood residents. A copy of Mr. Pasquini's remarks are on file in the Town Clerk's Office.

William Davis, speaking for Bob Reda of the Alliance of Neighborhoods, expressed concern that if mixed-use zoning were approved, the Council's vision of a small village center type development might not be realized. He suggested that the Council consider developing new zoning designations and intensity levels.

Valerie Broadwell expressed concern that the Town's special use permit process did not necessarily afford many protections to Town residents. She stated that decisions concerning special use permits were made on the basis of very little preliminary information provided by the developer at the master planning stage.

Ms. Broadwell requested additional information concerning the abandonment of special use permits after land had been rezoned for more intensive uses.

Jerri Pomerantz said it was very important to clearly define what was meant by "low-density development" and office and retail uses "fitting the needs of neighborhoods".

Victor Friedman said it was important for the Council to build in hard and fast goals to the Comprehensive Plan amendment concerning the importance of pedestrian scale and strengthening the community. He stated that zoning was the most effective means to attain these goals. Mr. Friedman suggested that the Council develop low density mixed-use zoning categories which had the same or lesser intensities than R-1 zoning. He urged the Council to postpone voting on the east entranceway element of the Comprehensive Plan until it considered assigning lower density factors to the Plan.

Phil Goodman said he strongly favored low intensity development through mechanisms such as R-1 zoning. He expressed concern that

denser zoning designations such as R-5-C would permit the development of very intense office and commercial uses. Mr. Goodman urged the Council to take steps to safeguard Town residents from very intense development.

Toni Jo Friedman presented a brief topographic overview of the development, stating that both residential and commercial development could occur north of the ridge line on the DuBose property, with a village center located away from NC 54. She said R-1 zoning would permit the development of between 600 and 700 homes, 89,000 square feet of office space, 60,000 square feet of retail space and a 135,000 square foot hotel facility, with a balance of 127 acres of open space and meadows.

Jill Blackburn, a member of the Coker Hills community, said it was important to maintain beautiful entranceways into the Town. She suggested that the NC 54 East entranceway might serve as a future home of a satellite public library, police station or schools in the future. Ms. Blackburn also suggested that the corridor might accommodate an adult day care center, teen center, community center

or other similar facilities. She noted that a future Village plaza and green might provide access to mass transit and outdoor cafes. Ms. Blackburn stated that she and her neighbors were opposed to changing the Town's Comprehensive Plan in response to specific development applications. Noting the importance of accommodating infrastructure impacts prior to development, she presented a six-page petition to the Council.

Diane Bloom presented a conceptual overview of a village design which could accomplish the goals of the Town's Comprehensive Plan along the east entranceway corridor. She stated that a hotel of up to 135,000 square feet could be constructed on the south side of NC 54, with meandering foot paths to the Friday Center and views of surrounding meadow lands from the hotel facility. Ms. Bloom also stated that the "Meadows" project could have a pedestrian scale, offer a variety of retail shops, preserve wetland areas and include up to 127 acres of open space.

Jan Halle said she was gravely concerned that the proposed Comprehensive Plan amendment was too vague. She said that although the Southern Village development was tied to a small area plan, the green space for this project was on the periphery, with the core of development being virtually cleared of existing trees. Ms. Halle also said the streams and natural waterways on the Southern Village site were filled with rip-rap.

Tom Gunn said he continued to believed that it was not a good time to change the Comprehensive Plan for the east entranceway corridor. Mr. Gunn also said he did not understand why the Town staff or the project's developer did not come to the Council before April, 1994 with the proposed amendment to the Comprehensive Plan. He stated that the Council owed it to the driving public to include efforts to attain the objective of reducing automobile trips along NC 54, especially during peak hours. Mr. Gunn noted that traffic study projections for NC 54, even without the development of the proposed Meadowmont project, could reach service level F, virtual gridlock, in the future. He said it was important that a service level of D or better be maintained along the NC 54 east entranceway corridor. Mr. Gunn also urged the Council to take steps to minimize the number of traffic signals needed along this corridor.

Stating that if the proposed amendment were adopted, the proposed Meadowmont development proposal could also be approved, Julie Andresen said she favored maintaining the Town's Comprehensive Plan in its present form. Ms. Andresen said it was very important to define commercial uses in detail, including low and medium intensities. She suggested that the Council could consider having a Fearrington-like development. Ms. Andresen said she did not believe the Council should vote on this matter this evening. She urged the Council to preserve the community's green space and trees, especially along the Town's east entranceway corridor.

Cynthia Wise expressed concern that the proposed Comprehensive

Plan concerning the NC 54 entranceway corridor would not contain sufficient protection against overdevelopment of this land. She urged the Council to specify intensities for commercial development in great detail.

Paul Aloisio said the Sierra Club supported the proposed changes to the Town's Comprehensive Plan, including the definition of neighborhood suggested by the Orange County Greens. Mr. Aloisio stated that it was very important to have clear goals and definitions for development along this entranceway corridor.

Scott Radway said it was not desirable to have a monoculture of

R-1 zoned, single family homes along the NC 54 East entranceway corridor. He also said it was strongly preferable to have a mixed balance of residential, office and retail uses along the corridor.

Council Member Brown inquired how the entranceway corridor might develop if the Council chose to amend the Comprehensive Plan and rezone the area. Mr. Waldon stated that given the general language in the Town's Comprehensive Plan, there were an infinite number of types of development plans which might be presented to the Council. Council Member Brown noted that there had been a number of suggestions by citizens to make this element of the Comprehensive Plan more specific. Town Attorney Ralph Karpinos noted that the Comprehensive Plan did not have the status of an ordinance. He added that the Town's Zoning Ordinance would take precedence over the Comprehensive Plan.

Council Member Brown asked staff to respond to Ms. Broadwell's concerns about the master planning and special use permit processes. Mr. Waldon presented an overview of the two processes, noting that as the Council entertained master plan applications, it could impose limits on the number of dwelling units, the amount of square footage and other elements of the plan. He added that the Council had to affirmatively make four findings of fact prior to approving individual special use permits for a master plan.

Council Member Brown inquired whether the Council had ever denied a master plan application. Mr. Waldon stated that the Gateway proposal had been withdrawn following a long review process by the Council.

Mayor Broun stated that consideration of the master plan was a critical stage in the overall planning process. Mr. Waldon said this stage provided some degree of certainty of what would take place later in the process. Mayor Broun stated that the master plan process allowed the Council to make a number of different determinations, including the fit of the Comprehensive Plan and the need for modifications. Mr. Waldon said the master plan served as a framework for what was going to happen later in the process.

Council Member Brown inquired about the Town's control and flexibility under the tract's present R-1 zoning. Noting that he had only very recently seen Mr. Friedman's proposal, Mr. Waldon said R-1 zoning would allow for very low non-residential development to occur, with a mixture of residential and non-residential uses. Council Member Brown inquired about the Council's ability to maintain existing zoning relative to development proposals. Mr. Horton said this would be dependent upon the willingness of individual applicants to develop with this zoning designation.

Council Member Brown asked staff to respond to Ms. Broadwell's questions about the abandonment of master plans and special use permits. Mr. Waldon stated that if no development had occurred,

there was a provision for abandonment of a master plan. He added that if a master plan were abandoned and there were no other development approvals, the property would be back to square one, pending a new master plan application.

Council Member Capowski inquired whether R-5-C zoning would revert to R-1 zoning after one year if no development activity occurred during this period. Mr. Waldon said this was correct. Council Member Capowski inquired whether MU-R-1 would remain in place indefinitely. Mr. Waldon said this was also correct. Council Member Capowski asked whether an active special use permit was needed for development to take place in a MU-R-1 zoning district. Mr. Waldon said no, noting that straight residential (R-1) development could occur. Council Member Waldorf asked whether the Council had any other tools other than a master land use plan to ensure that a large tract of land with a single owner was developed in a manner consistent with the Town's Comprehensive Plan. Mr. Horton said he was not aware of any vehicle other than purchase by the Town.

Council Member Evans inquired about the possibility of incorporating some citizen suggestions into the proposed amendment before the Council this evening. Council Member Brown said she favored having fairly specific language about retail uses in the proposed amendment to the Comprehensive Plan. Council Member Evans inquired whether the master land-use plan would normally include details such as the number of feet between trees along a certain roadway. Mr. Waldon said this was possible if the developer agreed to such a condition. Council Member Evans inquired about the possibility of incorporating design guidelines into the Comprehensive Plan. Mr. Waldon said this was certainly possible.

Council Member Evans inquired about the possibility of requiring certain types of building materials. Mr. Waldon said this was also possible.

Council Member Protzman said he favored including the Greenways and Parks and Recreation Commission's recommendations into the Comprehensive Plan amendment, excluding the third item on page two, concerning landscapes and vistas. Council Member Protzman also said Tom Gunn had some really good ideas about the size of proposed roadways in the entranceway corridor area. Council Member Waldorf said there was very good language in the Work Group's entranceway study concerning medians and roadways. Council Member Protzman said he would like NC 54 to remain more or less as it was. Council Member Protzman also stated that he did not think it was possible to limit retail uses to serve only neighborhood needs. He suggested eliminating the fifth item on the first page, to accommodate a little bit more dense and robust commercial developments.

Referencing Mr. Gunn's points, Council Member Brown said the Council was attempting to control traffic volumes as much as possible and accommodate neighborhood needs in terms of retail development. She requested the staff's comments concerning roadway service levels. Mr. Waldon stated that it had been Council policy for eleven years to have a minimum acceptable service level of D for area roadways. He added that this standard might also imply a wish for a wider roadway to maintain this minimum service level.

Mr. Horton added that the ability to maintain a minimum service level D roadway would be contingent upon development by the University, UNC Hospitals and other subdivisions along the NC 54 East corridor.

Council Member Protzman said it was very important for the Council to build a development plan to maximize the chance for mass transit to be viable in terms of densities. He stated that sustainability was premised on the provision of sufficient densities to support mass transit. Council Member Brown stated that mass transit tended to be used for commuting, rather than reaching shopping destinations.

Noting that he realized the importance of allowing room for Town businesses to grow, Council Member Capowski said he strongly believed the fifth item on the first page should remain in place to limit the intensity of commercial growth. Council Member Capowski also said he would not object to a hotel on the south side of NC 54 if it were of an appropriate size and scale.

Council Member Chilton said a hotel of some size would be a natural use to accommodate the needs of the Friday Center. Council Member Chilton also stated that it was desirable to have mass transit-oriented development which would serve the needs of area residents.

Noting that some types of businesses such as grocery stores had low profit margins, Council Member Protzman said it would be necessary to have broader guidelines for some types of businesses. Stating that 1,300 or fewer houses might not be enough to make a grocery store viable, Council Member Chilton said this was a good point.

Noting that residents of the Southbridge and Falconbridge areas also felt that they lived in the eastern part of the Town, Council Member Evans suggested that the Council consider thinking about a slightly larger area for the entranceway corridor.

Council Member Brown said it was very desirable to cut down on the number of automobile trips along the NC 54 corridor, using mass transit or other alternative transit mechanisms. Council Member Brown suggested adding the language proposed by the Greenways and Parks and Recreation Commissions and the definition of neighborhood suggested by the Orange County Greens.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO RECESS THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 6.

Council Member Protzman expressed his concurrence with all of the Parks and Recreation and Greenways Commission's recommendations, excepting the one concerning vistas. Council Member Protzman said he did not think this item was practical. Council Member Chilton said he was amenable to having all of these recommendations added, excepting the third item on page five, as noted by Council Member Protzman.

Noting that several speakers had indicated that it would be desirable to specific mixed-use intensities, Council Member Capowski inquired about mechanisms for doing so. Mr. Waldon said he did not have an immediate response to this query. Council Member Capowski inquired about the Council's ability to place specific limitations on proposed master plans. Mr. Waldon stated that if the special use permits for an approved master plan contemplated densities higher than originally approved by the Council, this would be a basis for denial of the special use permit. He added that the applicant would need to submit a new master plan if greater densities than those previously approved were proposed.

COUNCIL MEMBER PROTZMAN MOVED TO DELETE THE FIFTH ITEM ON PAGE FIVE "LIMIT THE OFFICE AND RETAIL COMPONENTS TO ACCOMMODATE PRIMARILY THE NEIGHBORHOOD NEEDS".

Council Member Chilton said he would not accept this as a friendly amendment.

COUNCIL MEMBER PAVÃO SECONDED THE MOTION.

Council Member Protzman said he believed this objective was addressed elsewhere in the NC 54 East Entranceway goals. Stating that this proposed language was crucial, Council Member Brown said she hoped the Council would maintain the language in its present form. Council Member Waldorf said this matter was not easily quantifiable. Mayor Broun said he supported leaving the language in its present form. Noting that often times while serving as a Planning Board member, specific guidelines would be cited in order to keep something from happening, Council Member Evans expressed her support for the proposed amendment. She said it was obvious that the Council did not desire massive-scale commercial development in the area.

THE PROPOSED AMENDMENT FAILED BY A VOTE OF 3-5, WITH COUNCIL MEMBERS EVANS, PAVÃO AND PROTZMAN VOTING YES.

COUNCIL MEMBER BROWN MOVED THAT THE FIVE CHARACTERISTICS OF NEIGHBORHOODS SUGGESTED BY THE ORANGE COUNTY GREENS BE ADDED TO THE PROPOSED GOALS STATEMENT.

Council Member Evans said she believed this language would be more appropriate for less urban subdivisions. Council Member Brown said she thought the proposed language was appropriate for this proposed development. Council Member Capowski said it was important for "neighborhood" to be defined in some manner in the goals for the East Entranceway. Council Member Capowski also stated that he did not think pedestrians would be inclined to walk across NC 54 to access a grocery store.

Mayor Broun inquired where proposed additional language concerning the definition of neighborhood might be inserted. Council Member Chilton said this could be added at the end of the goals statement.

Mayor Broun asked whether Council Member Brown would be agreeable to this suggestion. Council Member Brown said yes.

THE MOTION DIED FOR LACK OF A SECOND.

Council Member Chilton proposed that the goal statement be amended by adding language suggested by the Housing and Community Development Advisory Board. Council Member Evans expressed her concurrence.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO REMOVE THE FIRST ITEM ON THE FIRST PAGE, CONCERNING THE PROVISION OF A VARIETY OF HOUSING TYPES WITHIN EACH NEIGHBORHOOD.

Council Member Waldorf said it was important that the goal statement not be overloaded with too many restrictions.

Noting that she had grown up in a neighborhood with a variety of housing types, Council Member Brown said it was very important to have a rich diversity of housing types, rather than monoculture type developments. Council Member Chilton noted that there was quite a diversity of housing types within a 1/3 to 1/4 mile range of the Town Hall. Mayor Broun said it might not be possible to achieve this desirable goal in all instances.

Council Member Evans suggested putting language concerning housing types in project master land-use plans. Council Member Chilton said it was important to let developers and property owners know the types of development which the Council would find generally desirable in certain areas.

Council Member Waldorf said if the proposed language remained in the goals, the Council needed to be cautious about housing market realities. She urged the Council not to be too rigid on this point.

Council Member Capowski reiterated his support for leaving the proposed language in its present form.

MAYOR BROUN NOTED THAT THE COUNCIL WAS VOTING ON THE MOTION TO EXCLUDE THE WORDS "WITHIN EACH NEIGHBORHOOD". THE MOTION FAILED BY A VOTE OF 3-5, WITH COUNCIL MEMBERS EVANS, PAVÃO AND PROTZMAN VOTING YES.

Council Member Capowski said he did not believe that the Oaks or Oaks Villas neighborhoods should provide thoroughfares for planned development along NC 54. He also stated that it was important to begin thinking about the development of a future transit corridor, perhaps a light rail system, between the NC 54 East corridor and U.S. 15-501 to the north.

COUNCIL MEMBER CAPOWSKI MOVED THAT A CONNECTOR ROAD BE DEVELOPED NORTH OF NC 54, WHICH WOULD NOT DIRECTLY CONNECT TO DURHAM-CHAPEL HILL BOULEVARD (U.S. 15-501) AT ITS NORTHERN END.

Council Member Chilton said he thought it was a good idea to have a connector road between NC 54 and U.S. 15-501, so long as there was not a profusion of residential driveways on to the connector road. Council Member Brown inquired whether all local jurisdictions had voted on the proposed connector road. Mr. Horton said yes.

MAYOR BROUN INQUIRED WHETHER THERE WAS A SECOND TO THE COUNCIL MEMBER CAPOWSKI'S MOTION. THE MOTION DIED FOR LACK OF A SECOND.

Council Member Brown emphasized the importance of protecting neighborhoods, by not unduly impinging upon them.

Council Member Waldorf said she found the second item at the top of page six to be a little vague. Council Member Chilton asked whether it would be helpful to delete the last three words from this item. Council Member Waldorf said this would be helpful. Council Member Chilton accepted the proposed change as a friendly amendment to his motion.

RESOLUTION 6, AS AMENDED, WAS APPROVED BY A VOTE OF 7-1, WITH COUNCIL MEMBER PROTZMAN VOTING NO.

A RESOLUTION ADOPTING THE "GOALS FOR N.C. 54 EAST ENTRANCEWAY" AS A COMPONENT OF THE TOWN'S COMPREHENSIVE PLAN (95-6-12/R-6)

WHEREAS, the Town of Chapel Hill through its Comprehensive Plan desires to promote orderly growth management in its Urban Services Area; and

WHEREAS, the Town Council last considered the N.C. 54 area during the adoption of the 1986 Land Use Plan; and

WHEREAS, the Town Council authorized a planning charrette to examine this area in light of the Town's Comprehensive Plan on November 14, 1994;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts as a component of the Town's Comprehensive Plan the attached report "Goals for the N.C. 54 East Entranceway" dated May 24, 1995.

This the 12th day of June, 1995

Public Forum on Future Uses of Horace Williams & Mason Farm Tracts

Mr. Horton noted that this evening's forum was being held to receive citizen comment on the UNC-Chapel Hill Planning Panel's interim report concerning future uses of the University's Horace Williams and Mason Farm tracts.

Council Member Waldorf presented a status report on the Planning Panel's recent activities. She said the Stormwater Management Committee had recommended to the Planning Panel that stormwater impact statements be required for proposed future developments on the Horace Williams and Mason Farm tracts. In light of the Committee's recommendation, Council Member Waldorf requested that the Council reconsider its prior decision not to fund a regional lake study. She stated that the principal objective of this evening's discussion was to receive the Council's authorization to

forward the Planning Panel's recommendations to the University's land-use planning consultant for further study.

Scott Radway, a Planning Board and Planning Panel member, said there had been some degree of overlap between the Planning Board's and Planning Panel's activities. He said it would be advisable to move toward consolidation of the process as soon as possible. Mr. Radway presented a summary overview of the Planning Board's recommendations concerning the Mason Farm and Horace Williams tracts.

Noting that she had attended most of the Planning Board's recent meetings concerning the Horace Williams and Mason Farm tracts, Council Member Evans inquired how the resources of the Planning Board and UNC-Chapel Hill Planning Panel could be better utilized.

She inquired whether it would be best for the Council to put the rezoning proposal on hold until additional information was received from the Planning Panel. Mr. Radway said although he could not speak for the Planning Board, he believed this would be a good approach. He noted that both the Planning Board and Planning Panel had a number of important matters to handle.

Council Member Brown said it was very important to examine the Planning Panel's principles, goals and objectives in developing appropriate zoning designations for the two tracts. She also stated that timing of matters was very important. Council Member Brown inquired when the Planning Panel would complete work on development of its principles, goals and objectives. Council Member Waldorf said the Panel was currently working on the second segment of this process.

Council Member Capowski thanked Mr. Radway for his report and the Planning Board for their work on the matter. Council Member Capowski said he had expected the Board's report to include statistical information about the old UNC campus relative to the Horace Williams tract. Mr. Radway said the Planning Board's vision was for development to occur at the same level of intensity, character, and scale as the old portion of the University campus.

Mayor Broun inquired whether Council Member Waldorf was satisfied with the manner in which the Planning Board and Planning Panel were working together. Council Member Waldorf said it would make sense for the Planning Panel to continue its detail work, with the objective of developing revised principles and goals for consideration at a workshop in the early fall. Mayor Broun inquired whether there were any Council objections to this course of action. There were no such objections.

Council Member Brown inquired whether the projection of ten million gallons per day from Jordan Lake was a safe yield projection. Council Member Chilton said he had reviewed this matter and believed it was realistic. He added that it was somewhat unclear how much water would be available in the future. Council Member Brown also said she was very concerned with the tremendous costs associated with getting water from Jordan Lake in the future. Mr. Horton said staff would be pleased to get additional information from the Orange Water and Sewer Authority on this matter. Mr. Waldon noted that it was staff's assessment that the availability of raw water in the future would not pose a significant constraint in designing a new zoning district.

Council Member Brown said it was essential to discuss water and sewer capacity matters in great detail relative to proposed future developments. Mayor Broun said this was a very good point. He suggested that the Planning Panel might examine this matter in greater detail and report back to the Council in the future. Council Member Waldorf stated that the Planning Panel could coordinate with OWASA about proposed capital projects. Mr. Horton noted that if the Council wished, OWASA staff could make a presentation to the Council about proposed capital projects. Council Member Waldorf said it was very important to get specific answers from OWASA to Council concerns about water and sewer capacity matters.

Mayor Broun inquired how the Council wished to proceed on this matter. Council Member Capowski suggested that a University representative attend the next Planning Panel meeting. Council Member Brown suggested that the Planning Panel focus on developing its principles, goals and objectives. She also suggested that the Planning Board further examine water and sewer capacity matters. Mayor Broun suggested that this matter be scheduled as a Council discussion item in the future. Council Member Chilton said he would be pleased to work with Council Member Brown to examine water and sewer capacity concerns. Mayor Broun suggested that the Council Members seek assistance from OWASA and Town staff on this matter.

Council Member Evans suggested that the Planning Board hold its activities on the Mason Farm and Horace Williams tracts in abeyance until the Planning Panel had completed development of goals, objectives and principles. Mayor Broun said this was a good idea.

Mr. Radway said he believed the Planning Board would view this as an appropriate course of action.

There were no citizens who wished to speak on the matter.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SCHEDULING A WORKSHOP ON SEPTEMBER 9, 1995, REGARDING THE HORACE WILLIAMS AND MASON FARM TRACTS AND A PUBLIC HEARING ON OCTOBER 18, 1995 ON ZONING OF THE HORACE WILLIAMS AND MASON FARM TRACTS (95-6-12/R-7)

BE IT RESOLVED that the Council of the Town of Chapel Hill hereby schedules a workshop meeting at 8:30 a.m. on Saturday, September 9, at the Friday Center to discuss planning for future use and development of the Horace Williams and Mason Farm tracts.

BE IT FURTHER RESOLVED that the Council hereby schedules a public hearing at 7:00 p.m. on October 18, 1995 to consider zoning proposal(s) for the Horace Williams and Mason Farm tracts.

This the 12th day of June, 1995.

Chapel Hill-Carrboro Annexation Boundary Agreement & Related Zoning

Long-Range Planning Coordinator Chris Berndt presented an overview of the proposed annexation boundary agreement. There were no questions or comments by Council Members or citizens.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Ms. Berndt presented an overview of proposed rezoning in a two hundred and fifty foot boundary strip related to the proposed boundary agreement. She stated that a notice had been mailed to property owners residing within five hundred feet of the annexation boundary strip. There were no questions or comments by citizens or Council Members.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Requests by Blue Cross-Blue Shield of North Carolina

Mr. Horton stated that Blue Cross-Blue Shield of North Carolina was requesting a temporary parking lot for a period not to exceed three years while construction of a new parking deck was underway. Mr. Horton said staff supported this request. He added that Blue Cross-Blue Shield was also requesting removal of a master plan stipulation reserving space for a grade-separated interchange at U.S. 15-501 and Eastowne Drive. Noting that the U.S. 15-501 corridor study would not be completed for at least eighteen to twenty-four months, Mr. Horton said staff did not recommend approval of this request.

Mike Waldroup urged the Council to adopt the Manager's recommendation concerning the grade-separated interchange.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION INSTRUCTING THE TOWN MANAGER TO CONSIDER A PHASING PLAN TO BE CONSISTENT WITH AN APPROVED SPECIAL USE PERMIT (95-6-12/R-8)

WHEREAS, the Town Council approved a Special Use Permit for a property on the north side of U.S. Highway 15-501, identified as Chapel Hill Tax Map 26, Lot 17F; and

WHEREAS, the approved Special Use Permit authorizes development of an office building, parking deck, and related surface parking; and

WHEREAS, the Council has received a request from Blue Cross Blue Shield suggesting that a phasing plan be prepared and approved for this site, calling for the first phase of development to be clearing, grading, and construction of a temporary surface parking lot to take place in the location ultimately to be the site of the building and deck;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council instructs the Town Manager that the concept of temporary (up to three year) use of this site for surface parking, as suggested by Blue Cross Blue Shield, can be considered to be a first phase of development of this property, consistent with the Council-approved Special Use Permit.

This the 12th day of June, 1995.

COUNCIL MEMBER CHILTON MOVED THAT RESOLUTION 9 BE TABLED INDEFINITELY.

Mr. Horton noted that the Council only needed to take no action on the matter, rather than table the matter.

THE COUNCIL TOOK NO ACTION ON THE MATTER.

Meadowmont Rezonings and Master Plan Approval

Mr. Horton said staff recommended adoption of Resolution 10, scheduling work sessions on June 21st and July 6th, and recessing the public hearing to September 18th. Council Member Evans inquired whether the June 21st work session could be cablecasted. Mr. Horton said yes.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DEFERRING CONSIDERATION OF MEADOWMONT APPLICATIONS (95-6-12/R-10)

WHEREAS, the Council is considering applications for Rezoning and Master Plan Approval for the Meadowmont property; and

WHEREAS, on May 15, 1995 the Council continued a Public Hearing on these applications, and recessed the hearings until June 12, 1995; and

WHEREAS, the Council finds need for additional discussion and consideration of these applications;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council:

- Schedules work sessions to discuss these applications for June 21, 1995 and July 6, 1995;

- Recesses these hearings until 5:30 pm on June 21, 1995, in the Chapel Hill Town Hall;

- Extends the Planning Board's time period for making its recommendations on the Meadowmont applications until September 18, 1995; and

- Indicates its intent to next take public comment on the Meadowmont applications at a Public Hearing on September 18.

This the 12th day of June, 1995.

Discussion of Consent Agenda Item

Council Member Brown said she did not believe there was any reason to change the number of Board of Adjustment regular members from the current ten members. Council Member Chilton, stating that it was important to appoint members who would take their attendance and participation responsibilities seriously. Stating that the Board of Adjustment was saying that the present board configuration was not working, Council Member Protzman said he favored holding a public hearing on the matter.

Noting that he had personally been before the Board of Adjustment on two occasions, Council Member Capowski said he believed it was important to hold a public hearing on what needed to be done concerning the board's composition. Council Member Evans suggested that the Council hold a public hearing concerning possible solutions to the problem identified by the Board of Adjustment.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS BROWN AND CHILTON VOTING NO.

A RESOLUTION CALLING A PUBLIC HEARING REGARDING COMPOSITION OF THE BOARD OF ADJUSTMENT (95-6-12/R-5)

WHEREAS, the Board of Adjustment has requested that the composition of the Board be changed, to add more alternate members;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to consider amending Section 25.3 of the Chapel Hill Development Ordinance, regarding composition of the Board of Adjustment. The Hearing shall be scheduled for October 18, 1995, at 7:00 pm in the Chapel Hill Town Hall.

This the 12th day of June, 1995.

There was no need for a closed session.

The meeting concluded at 11:23 p.m.