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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 19, 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 and Development Coordinator Jennie Bob Culpepper.

Mayor Broun called on Council Members for matters other than public hearing items.

Council Member Brown stated that the Durham-Chapel Hill Work Group would hold its next meeting on June 21st at noon. She said this would be an opportunity for citizens to get together and discuss intergovernmental matters such as the U.S. 15-501 corridor.

Council Member Chilton noted that the Landfill Owners' Group had recommended that the number of representatives from each local government body be increased. He stated there were a number of issues such as landfill siting and solid waste management related matters which needed to be discussed by a larger number of local elected representatives. Council Member Chilton noted that this item would be included on the Council's June 26th agenda for discussion.

On behalf of the entire Council, Mayor Broun noted with sadness the passing of Dorothy Jenner, a long-time, dedicated community volunteer and activist.

Item 1 Duplex DOTA

Mr. Horton presented an overview of proposed duplex regulations.

Planning Director Roger Waldon noted that several years ago an amendment was made to the Development Ordinance stipulating that duplexes could have no more than three bedrooms per side. He stated that any duplex having more than three bedrooms per side would be considered a rooming house.

Planning Board representative Mary Reeb said the Board had voted 3-2 in favor of the proposed text amendment.

Historic District Commission Chair Josh Gurlitz said the Commission had unanimously recommended that the Council adopt the proposed amendment.

Nancy Gabriel stated that she had concerns about overregulation. Ms. Gabriel said she failed to see the value of an ordinance which would only produce losers, not winners. Stating that the proposal would create non-conforming uses, Ms. Gabriel urged the Council not to adopt the proposed text amendment.

Dick Donnan, a resident of Hillsborough Street since 1950, said he favored stricter regulation of duplexes and flag lots in the Town's historic districts. Mr. Donnan said he believed that allowing duplexes to have up to six bedrooms and bathrooms did not promote housing affordability.

Caroline Donnan expressed safety concerns about a blind spot between the Kaiser property and Sparrow house on Hillsborough Street. Ms. Donnan requested that this driveway be relocated.

Diane Manning said historic districts were an important community resource which should be preserved for the entire community.

Kimberly Kaiser thanked the Council for defining duplexes in historic districts. Ms. Kaiser said the proposed ordinance language sounded out of scale for historic districts. She urged the Council to adopt language which would create an overlay for zoning such R-3 "H" for smaller dimensioned lots in the Town's historic districts.

Hawley Oaks said he was especially concerned about the proposed development of the Sparrow property in the Town's historic district. Mr. Oakes also said he had a number of other concerns such as whether historic districts should have separate rules and regulations for duplexes, whether or not the Historic District Commission could have additional decision making power over property development and how traffic-related concerns in historic districts could be handled. Mr. Oakes expressed hope that the Council would address these matters in the near term.

Bob Epting expressed his appreciation to the Council, Planning Board and the Historic District Commission for work to date on the proposed text amendment.

Lynn Pfefferkorn, representing the Chapel Hill Preservation Society, requested that the Council take necessary steps to maintain the Town's unique charm and character.

Pauline Grimson, representing the West Side Neighborhood Association, said she supported the proposed ordinance and urged the Council to vote in favor of the proposal.

Council Member Chilton stated that total footage of 5,000 square feet for a building was quite large. He inquired whether it was permissible to put a building this size on half acre (21,780 square foot) lot. Mr. Waldon said yes. Council Member Chilton requested that the Council receive additional information concerning rooming houses in the future. Mr. Waldon stated that a rooming house would go through a site plan process and that floor area ratios, buffers, and parking regulations would apply, whereas they did not for single-family duplexes.

Council Member Capowski agreed that a 5,000 square foot residential building was very large. He inquired why a 2,500 square foot building was not proposed instead as a standard. Mr. Waldon stated that 5,000 square feet was the standard size for a duplex in the Town. Council Member Capowski inquired about existing parking regulations for duplexes and single-family homes. Mr. Waldon said there were currently no such regulations.

Council Member Waldorf said it was desirable to promote homeownership in historic districts. She also said it was very important for the Council to address automobile-related matters in this regard.

Council Member Protzman said it was important to have stability in the Town's historic districts.

Council Member Evans requested that the staff's follow-up report include clarifications about parking regulations and square footage proposals for duplexes. Mr. Horton said the report would include this information.

Council Member Brown suggested that staff investigate how other communities preserved their historic districts regarding requests for duplexes.

Citing a hypothetical instance where a family resided on one side of a duplex and renters on the other side, Council Member Chilton inquired whether this would be considered a duplex or rooming house. Mr. Waldon noted that nothing in existing or proposed regulations addressed tenancy or ownership. Council Member Chilton said he thought this might make it difficult for families to live in historic districts. Mr. Waldon noted that both sides of a duplex could owned and occupied by the same party or family.

Council Member Brown reiterated her belief of how important it was to preserve the historic district and Town neighborhoods in the best way possible.

Council Member Powell said she felt the Council should deal with duplexes in historic districts separately from duplexes in other parts of the Town.

Mayor Broun said although duplexes in historic districts should be examined separately, it would not be desirable to have regulations which were so restrictive that existing structures became non-conforming. He requested that staff report back to the Council about proposed square footages and other possible standards for duplexes and rooming houses.

Council Member Capowski expressed concern that the proposed regulations might be too restrictive in light of State law.

Council Member Brown stated that she would like the Council to work more closely with the Historic District Commission on these matters.

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

Item 2 Flag Lots DOTA

Mr. Waldon presented an overview of the proposed text amendment.

Historic District Commission Chair Josh Gurlitz said the Historic District Commission had voted unanimously to recommend Council adoption of the proposed amendment.

Planning Board representative Mary Reeb said the Board had voted unanimously to recommend adoption of the proposed amendment.

Baird Grimson, President of the West Side Neighborhood Association,

expressed his support for the proposed amendment.

Bob Epting thanked the Council for their work on the matter. He also expressed his support for the proposed amendment.

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

Item 3 Cobble Ridge III Preliminary Plat Request

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 proposed subdivision.

Phil Post, representing developer Richard Gaylord, said he supported Resolution A and thanked the Manager, staff, Planning Board and Parks and Recreation Commission for their work on the proposal. Mr. Post also stated that the proposed subdivision was completely separate from the existing Cobble Ridge neighborhood.

Planning Board representative Mary Reeb said the Board had voted 3-2 that the Council approve the application with conditions.

Transportation Board Chair Richard Franck said the Transportation Board had voted unanimously for disapproval of the subdivision.

Steve Thompson stated that he disapproved of the proposed roadway connection to Cobble Ridge and was very concerned about the safety of the children living in the neighborhood.

David McGrain said he that believed safety concerns of residents were valid and that Southern Village's developers had not fully addressed traffic-related matters.

Steve Freedman stated that children had to play in area streets, since no recreation area had been established for Phases I and II of the Cobble Ridge subdivision. He expressed concern that traffic cutting through the subdivision from Southern Village would be more concerned about saving time, rather than the safety of children playing in and near area streets.

Janet Birenbaum said her home was closest to the proposed roadway connection to Southern Village. Ms. Birenbaum also said she had

no idea about the proposed connection to a major development when she had purchased her home. She also expressed concern about the safety of children playing in the area.

Donald Warren said he firmly opposed the proposed cut-through due to concerns about the safety of area children. Mr. Warren said he favored the provision of a good recreation facility for the children.

Karen McGrain said she favored road cut-through other than the one being proposed by the applicant and staff.

Max Crohn expressed his concurrence with his neighbors regarding the safety of neighborhood children.

Marcia Anderson requested that the Council not grant a street cut- through into the existing Cobble Ridge neighborhood.

William Camp stated his objection to the proposed connection, believing that it would be a burden to existing homeowners.

Nancy Gabriel expressed her concurrence with the Transportation Board's recommendation. Ms. Gabriel said the proposed streets were not adequate to handle sanitation or emergency vehicles.

Charles Pue urged Council Members to visit the area to see that children could currently play safely in area streets.

Council Member Brown inquired whether a grid pattern had ever been proposed in lieu of a cul-de-sac. Mr. Post said yes, noting that area topography precluded a strict grid pattern street layout.

Council Member Waldorf inquired whether roads could only be constructed as shown in the developer's plan. Mr. Post stated that area topography place severe restrictions on where roads could be built.

Council Member Brown requested that the developer work with staff to possibly develop a street grid pattern. She also requested that stormwater management matters be addressed in greater depth.

Council Member Capowski inquired why a bus shelter was not being proposed for the bus stop on Culbreth Road. Ms. Culpepper said staff could investigate this possibility. Council Member Capowski also said it was very important to have a bicycle lane within the proximity of Culbreth School.

Council Member Protzman said although a transportation link was needed, it should not be a cut-through thoroughfare through any of the phases of Cobble Ridge subdivision.

COUNCIL MEMBER PROTZMAN, SECONDED BY COUNCIL MEMBER POWELL, TO RECESS THE MATTER TO JULY 5 WITH REFERRAL TO THE MANAGER AND ATTORNEY. THE MOTION TO RECESS WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 First Citizens' Bank SUP Request

Persons wishing to testify in the matter were sworn by the Town Clerk's designee. Assistant Town Manager Sonna Loewenthal requested that the material for this hearing be entered into the record of the hearing. Mayor Broun concurred with the request.

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

Jack Smyre, applicant and Director of Planning for the John McAdams Company, said he believed the proposal would create a much more functional banking facility. He noted that the primary issue was a proposed right-in/right-out driveway on to Franklin Street. Mr. Smyre expressed his concurrence with the proposed conditions of approval.

Planning Board representative Mary Reeb, said the Board had voted 5-1 that the application be approved with conditions.

Transportation Board Chair Richard Franck said the Board had voted 6-1 for approval of the application with conditions.

Dr. Terry Vance stated that she was distressed over the reasoning that Town staff and the Planning Board had used for landscaping of the site. Dr. Vance said she believed the proposed landscaping would hinder the site's appearance, rather than help it.

Bob Vaillancourt urged the Council to proceed cautiously in considering this application. Mr. Vaillancourt said he believed that people would slow down to enter the bank, he was concerned that persons exiting the site might be inclined to speed up.

Vivian Foushee said she had significant safety-related concerns. Ms. Foushee also said she believed a shortened median was being proposed to pacify the concerns of area businesses.

Mary Dodge-Smith of Psychology Associates said she was concerned

about traffic and curb cuts on Franklin Street. Ms. Dodge-Smith requested that the Council consider lengthening the proposed median and have traffic enter from Franklin Street and exit on to Elliott Road.

Council Member Capowski pointed out that traffic coming in from Durham would have to go to the end of the median and make a u-turn to get into the bank site.

Mayor Broun said he felt that the intersection of Franklin Street and Elliott Road was a very troublesome and dangerous one. He stated that the proposed curb cut might relieve some of the traffic in the area.

Mr. Horton stated that Wellspring Grocery might be asked to realign their driveway with First Citizen's Bank in the future to help with area traffic flow.

Council Member Brown requested the applicant's comments on the proposed right-in, right-out curb cut on to Franklin Street. Mr. Post stated that the impact on the intersection was primarily a left turn out to get back on to Franklin Street. He also said that a right-out would aid with traffic flow.

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

Item 5 Annexation Area #2 (Clark Lake Road)

Mr. Waldon presented an overview of the proposed annexation.

Planning Board representative Mary Reeb said the Board had voted

8-0 to recommend that annexation area 2 be zoned Residential-2.

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).

Item 6 The Fountains

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

Council Member Protzman noted that he had a potential conflict of interest with this application and requested recusal from the hearing. Mayor Broun concurred with Council Member Protzman's request.

Development Coordinator Jennie Bob Culpepper presented a brief overview of the applicant's request.

Josh Gurlitz said he felt this was a good time to resume market efforts for the proposed Fountains development. Mr. Gurlitz noted that four SUP modifications were being requested, as follows:

1) to extend the construction completion date to March, 1997; 2) to increase the building's square footage; 3) to change the proportion of the mix of uses and 4) to delete some parking spaces.

Mr. Gurlitz also said the proposed changes were minor ones and the project had fulfilled all special use permit conditions to date.

Planning Board representative Mary Reeb said the Board voted 5-0

in favor of Resolution A, approving the application with conditions.

Council Member Capowski said he would be glad to see this project proceed. Council Member Capowski added that he would like special attention paid to the appearance of the building and the surroundings. He also stated that the Appearance Commission should review the building's elevations. Council Member Capowski inquired about the effect of the proposed four-story building on the apartment building to the north of the site. Mr. Gurlitz said the proposed project complied with the Town's solar-related standards.

Council Member Evans said she hoped that street trees would be planted in accordance with streetscape. Mr. Gurlitz stated that three street trees were proposed on the site.

Council Member Chilton said he was pleased to see this application moving forward.

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

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO MOVE INTO CLOSED SESSION.

No report followed the session. The meeting concluded at

10:40 p.m.