MINUTES OF A
PUBLIC HEARING OF THE CHAPEL HILL TOWN COUNCIL
MONDAY,
NOVEMBER 20, 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, Jim Protzman, and Rosemary
Waldorf. Council Member Barbara Powell
was absent excused. Staff members in
attendance were Town Manager Cal Horton, Assistant Town Managers Sonna
Loewenthal and Flo Miller, Planning Director Roger Waldon, and Development
Coordinator Jennie Bob Culpepper.
Item 1 Public Hearing on Proposed Changes to the
Town's
Development
Ordinance
Mr. Horton presented a brief overview of the item before
the Council. He stated that discussions
about possible changes in the development review process had begun in late 1992
and early 1993.
Planning Director Roger Waldon stated that in June, 1995
staff had brought to the Council preliminary proposals for possible changes to
the Town's development review process.
He stated that a key component of the recommendation was to have the
functions of three existing boards, the Planning Board, Design Review Board and
Appearance Commission to be handled by two new boards, a Development Review
Commission and a Long Range Planning Board, in the future. He added that staff recommended boards
focusing on long-range matters would include the Long Range Planning Board,
Transportation Board and Greenways and Parks and Recreation Commissions. Mr. Waldon stated another key component was
the addition of a "concept plan" review stage wherein all major new
developments would go through a general conceptual review process prior to
submittal of a full application.
Planning Board Chair Mary Reeb stated that the Board was
split in its recommendation concerning proposed changes to the Town's
development review process. She stated
that some Board members felt that the dissolution of existing boards and
commissions would reduce the quality of citizen input. Ms. Reeb also said that the general feeling
of the Planning Board members was that splitting long range planning from the
Board's duties would diminish the Board's effectiveness. She noted that the Board had voted
unanimously (9-0) not to recommend the proposed preliminary ordinance before
the Council this evening.
Bruce Ballentine, representing the Design Review Board
and Appearance Commission (DRB/AC), stated that the DRB/AC had voted
unanimously (11-0) in favor of the recommended development review changes. He noted that the DRB/AC had recommended
that the Greenways and Parks and Recreation Commissions conduct their review
prior to applicant presentations to the Design Review Board. Mr. Ballentine said the DRB/AC felt that the
proposed Design Review Commission should be composed of ten to thirteen
members. He also stated that the DRB/AC
felt that all development review, including subdivisions of less than
twenty-five lots, should still go through the full review process, since small
developments could also be controversial.
Mr. Ballentine said he felt it would be a mistake not to have design
professionals on the proposed Design Review Commission.
Transportation Board Chair Ruby Sinreich stated that the
Transportation Board had voted unanimously (9-0) to recommend the Council not
adopt the proposed changes to the Town's development review process. She stated that the Board felt that the
proposed changes would exclude the Transportation Board from the development
review process. Ms. Sinreich also said
that the current proposal did not include a representative from the
Transportation Board on either the Long Range Planning Board or the Development
Review Commission. She said the Board
also felt that some major changes needed to be made and suggested that a work
group be formed which would include professionals, citizens and members of the
Council to study these matters.
Diane Bachman, representing the Appearance Commission,
said that the Commission supported the Manager's recommendation to adopt the
proposed ordinance regarding changes to the Town's development review
process. She also requested that the
Council make a decision in a timely manner so that the Commission would have a
directive to continue its work.
Julie Coleman expressed concern that having design
professionals might exclude non-design professionals from serving on
development-related advisory boards.
She urged the Council to keep the door open to all interested citizens
who had the interest and desire to serve on Town advisory boards.
Bob Woodruff said he believed that the development
review process could be shortened without compromising the quality of
development. He briefly reviewed his
own experience of moving a development through the Town's current process,
noting that it had been somewhat cumbersome.
Mr. Woodruff also suggested that the Town's zoning process needed to be
examined in concert with the development review process.
Jim Carter said he supported the proposed changes
suggested by staff. Mr. Carter also
said the Council had a rare opportunity to make some major improvements in the
review process. Mr. Carter stated that the new process would likely
be a more efficient one.
Karen Raleigh said she favored the proposed changes to
the Town's development review process.
Ms. Raleigh also said she believed that the public was involved far too
late in the current review process. She
stated that because so many boards commented on proposed projects, applicants
sometimes needed to restart the process in order to satisfy all advisory boards
& commissions.
Victor Friedmann urged the Council to reject the
proposed changes to the development review process. He said the proposed changes would actually decrease public
participation because the number of boards receiving citizen comments would be
reduced under the proposed plan. Mr.
Friedmann also he believed that the present Planning Board arrangement provided
for an effective job of
long-range planning.
Ken Robinson said he believed that analyzing the Town's
development review process was a good idea. Mr. Robinson said he believed that
too many changes were being proposed all at once. He said public input should be sought early in the review process
and should be an integral part of any development plan. Mr. Robinson also said he favored the
Transportation Board staying in the review process because of their expertise
and focus on transit-related matters.
Transportation Board Chair Rachel Willis said she
believed the plan would result in a poor level of citizen input. She asked the Council to reject the proposed
changes.
Julie Andresen said she believed the proposal would
produce major changes. She said the
review process had a direct effect on the participation of citizens. Ms. Andresen also said the proposal
contained three major flaws, as follows:
public participation was greatly reduced; although the Planning Board did
a good job of
long-range planning, the proposal assumed that this was
not the case; and the proposal did not provide sufficient opportunities for
ordinary citizens to influence development-related matters in the Town.
Jane Williams said she found it interesting that the
Transportation Board and the Planning Board had both recommended rejecting the
proposed changes. Ms. Williams
expressed concern that the proposal would result in a greatly reduced level of
citizen input. She also expressed
puzzlement about why members of certain boards needed special professional
backgrounds and expertise when there were no special requirements for serving
on the Council. Ms. Williams requested
that the Council vote "no" on the proposed changes.
Richard Franck agreed with Ms. Sinreich's comments. He suggested possibly modifying the number
of required professionals on the Design Review Commission. He also suggested that the Design Commission
seek public input at their meetings rather than simply
holding public information type meetings. He also suggested that the language
pertaining to transportation should be reworded for clarification purposes.
Tom Gunn stated that the proposal before the Council was
essentially the same one made by the Design Review Board over a year ago. Mr. Gunn said he wondered why the same
proposal was being brought back before the Council this evening. He suggested that the membership of the
proposed boards should be equally balanced between professionals and
citizens. Mr. Gunn also stated that he
did not believe there was any short range planning or long range planning in
the Town, only "planning" in general. Mr. Gunn said he did not believe that six seats on the proposed
board should be reserved just for professionals at the expense of citizens at
large.
Richard "Stick" Williams said he found Mr.
Franck's earlier remarks to be accurate.
He suggested that the Council work to make the current proposal a better
one. Mr. Williams also encouraged the
Council to carefully examine long-range planning matters before making a
decision on the proposed changes to the review process.
Jennifer Rellick said she believed that long-range
planning played a major role in the Town's development review process. Ms. Rellick also said she did not believe it
would be effective to separate long-range planning from short-range
planning. Stating that transportation
issues were very important to the development review process, Ms. Rellick asked
that the Council look at each part of the process before acting on it.
Scott Radway said he thought the charge before the
Council was to decide whether the Council wanted eight, ten or twelve board and
commission recommendations or more consolidated recommendations from a lesser
number of boards and commissions.
Phil Post said he supported the proposed changes before
the Council. He also stated that the
concept of a Long-Range Planning Board was a good one which was long
overdue. Mr. Post suggested that some
additional delegation of authority might need to occur so that some
developments did not get held up in the review process for more than a year. He also suggested that minor projects should
undergo a shorter review process than larger developments.
Council Member Chilton inquired which of the Design
Review Board's
required functions would be transferred to the
Long-Range Planning Board. Planning
Director Roger Waldon stated that applicable functions would include ensuring
aesthetically pleasing elevations and consistency of site arrangements with
community desires. Council Member
Chilton inquired whether the Design Review Board would be responsible for sign
review. Mr. Horton said this was
correct.
Council Member Capowski inquired about the Design Review
Commission's authority other than advising the Town Council. Mr. Waldon stated that one of the elements
of the proposal was to permit the proposed Design Review Commission to have
decisionmaking authority relative to the site review process. Town Attorney Karpinos added that the
Commission would also be responsible for issuing Certificates of Appropriateness.
Council Member Capowski asked whether increasing the
number of public hearings would help the overall review process. Mr. Horton stated that if hearings were
added, it might be necessary to add staff to provide support.
Council Member Capowski asked who with transportation
expertise would review the transportation aspects of development applications
pertaining to automobile traffic, parking and bicycles. Mr. Horton said the process review process
would consist of an internal staff review, followed by review of the Design
Review Commission and Town Council.
Council Member Capowski asked whether this proposal meant that any
development of four units or more would
be reviewed by the Town Council. Mr. Horton said this was correct.
Council Member Waldorf said although it was important
for the Council to ask questions on the matter this evening, she also felt that
it would be a good idea for the Council to hold a work session in the future
for staff to respond to Council questions regarding the proposed review
process. Noting that a number of good
suggestions had been made this evening, Council Member Waldorf stated that one
shortcoming of the current proposal was that small projects would need to go
through a major review process. Council
Member Chilton stated that some small projects could have potentially large
impacts on the community. Noting his
support for a Council work session on the review process, Council Member
Chilton said more Council discussion was necessary prior to final decisions on
the matter.
Council Member Chilton also stated that although there
were a number of good ideas in the proposal, there were others which might need
to be eliminated or modified. He said
that the Council was in a good position to decide whether or not, and if so,
how many design professionals should serve on design-related advisory boards
and commissions. Council Member
Chilton also said he did not believe that the proposed Development Review
Commission needed to have a majority of development review professionals in
order to be effective. He also
suggested that the Council's work session on the review process include
representatives of the potentially effected boards and commissions.
Council Member Protzman stated that flexibility had to
be designed into the process when projects came before the Council which did
not require an extensive amount of review by boards or commissions.
Council Member Protzman also suggested that board and
commission reviews be simultaneous, rather than sequential. so that boards and commissions
could share the same information at the same time.
He stated that this could be a possible expedient to the
review process. Council Member Protzman
also suggested that zoning compliance related processes should be compressed
when possible.
Council Member Evans said she believed that it was
important that one board or commission see a project early in the process and
then tracks it through the entire review process. She also said that individual boards and commissions had many
different assignments and could only handle so much during one meeting per
month. Council Member Evans said she
also believed it was important that the Council move ahead with projects such
as the Downtown Small Area Plan and review of the Comprehensive Plan. Noting that the Council often received
conflicting recommendations from development-related advisory boards and
commissions, Council Member Evans suggested that the Council consider
streamlining the review process further.
Council Member Evans also stated that it was very
important for a portion of membership of the development-related boards and
commissions be professionals in specific fields or other closely related
fields. Council Member Evans inquired
whether it was the case that once a person had completed service on a
particular board or commission, this service would satisfy the requirement of a
"closely related field". Mr.
Karpinos said he would research this matter and report back to the Council.
Noting that he shared the concern of many others about
the current review process, Council Member Pavão said he believed that a work
session including representatives from development-related boards and
commissions was a good idea.
Council Member Brown also said that holding a work
session was a good idea. Council Member
Brown said she hoped that the Council would revisit the genesis of this
process, the need for more affordable housing opportunities in the
community. She expressed concern that
the idea of providing more affordable housing appeared to have been completely
lost from the process.
Mayor Broun said he believed that one group should
handle long-range planning matters.
Mayor Broun also said he believed that the Transportation Board should
be included in the development review process and equal numbers of citizens and
professionals should participate on development-related boards and commissions.
COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER
CHILTON, TO REFER THE MATTER TO THE MANAGER, WITH STAFF TO SUGGEST OPTIONAL
DATES FOR A FOLLOW-UP WORK SESSION. THE
MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Item
2 Public Hearing on SUP Request by
OWASA for an Elevated Water
Storage Tank on Hilltop Street
Mr. Horton stated that the proposed water tank would
replace
the aging Wilson Court storage tank.
Development Coordinator Jennie Bob Culpepper presented a
brief overview of the item before the Council.
She noted that the proposed seventeen acre site at the end of Hilltop
Street satisfied the Town's minimum land area, elevation criteria and buffer
requirements. Ms. Culpepper also stated
that the proposed site was also near to existing water transmission mains.
John Greene of OWASA staff stated that the proposed tank
would replace the aging 0.25 million gallon Wilson Court storage tank. He stated that this tank was considered to
be obsolete due to its small storage volume and poor physical condition, and
would be dismantled following the completion of the new tank. Mr. Greene said that there were very few
satisfactory water tower sites which satisfied the Town's elevation and setback
requirements.
Kevin Carter, project engineer, stated that two tank
designs were being considered, one being a multi-legged tank and the other a
fluted column tank. Mr. Carter said that
the grading for the multi-legged tank would extend approximately five feet
further to the south than the grading plan for the fluted column tank. He also said that if the multi-legged tank
design was chosen, a landscape wall would be constructed as part of the
project.
Mr. Carter indicated that OWASA was willing to build
either design and was also offering the Council the opportunity to choose
between the proposed designs. He also
stated that the project was located and designed to maintain or promote the
community's health, safety and general welfare. Mr. Carter also said the proposal complied with Town regulations
and applicable sections of the Comprehensive Plan and was proposed to be
operated so as to maintain or enhance the value of contiguous property and that
the use or development conformed with general plans for the physical
development of the Town.
Mr. Green stated that he believed that the project met
all aspects of the Town's development-related requirements.
Planning Board Chair Mary Reeb said the Board had voted
7-2 to recommend adoption of the applicant's request.
Pierre Morrell said he resided near the proposed site
and wanted to know whether the seventeen acre site would remain inviolate,
never to be used for anything other than a buffer. He said although this stipulation had been agreed to at OWASA's
public hearings on the proposed water tank, it was not referenced in the
materials submitted to the Council. Mr.
Morrell said this measure was important to protect the neighborhood's character
and integrity.
Alan Stutts said his backyard abutted the proposed
site. Mr. Stutts said although he did
not oppose the proposal, he believed that the seventeen-acre site should be
permanently preserved as greenscape so that no other development could take
place there.
He stated that very few of his neighbors would oppose
the project if this stipulation were added.
Mr. Stutts also requested that OWASA be responsible for clearing
existing debris from the site.
Randolph Russell, 102 Raintree Lane, a neighbor of the
proposed project, said he believed that building the tank would decrease
property values and he therefore did not favor the proposal.
Mr. Russell suggested that alternative sites, including
others on UNC property be explored.
Mayor Broun inquired whether there were any legal
impediments to including a stipulation in the Special Use Permit that the
seventeen acre site would remain in its natural state. Mr. Horton stated that stipulation number four
in the proposed resolution addressed this item. Council Member Brown asked whether an actual figure could be
included which would indicate that all the surrounding acreage would be left in
its natural state. Mr. Horton said yes,
noting that the existing stipulations could be modified as desired by the
Council.
Stating that the Wilson Court site was slightly less
than one acre, with over two acres of parking lot, Council Member Capowski
asked why this acreage was not sufficient to construct a new storage tank. Mr. Greene stated that if the Wilson Court
site were used, over one hundred and ten parking spaces would be lost as well
as many trees. Mr. Greene also said
that the University had indicated that the Wilson Court site would not be
available for a replacement storage tank.
Council Member Capowski said he believed that the University would grant
OWASA permission to construct a new storage tank at the Wilson Court site and
use the parking lot as a temporary staging area during construction.
Council Member Capowski also asked whether the proposed
water tower would have strobe lights during the day and red lights on top of
the tower at night. Mr. Greene said
although the project had not been submitted to the Federal Aviation
Administration for review,
the tank would be the same height as the one on Wilson
Court.
Mr. Greene also said that he did not know the FAA's
lighting requirements for a storage tank of this height.
Council Member Capowski asked whether the Special Use
Permit applied to the entire seventeen-acre site, rather than just the tank
site. Mr. Greene said this was correct.
Council Member Chilton stated that it was possible for
water consumption to be cut dramatically so that the community's demand for
water could be lessened, rather than continue to grow. He encouraged the Council to consider
additional water conservation approaches.
Council Member Evans stated that she was concerned about
the visual impact of the proposed water storage tank. Mr. Greene said OWASA was willing to use varying shades of paint
to lessen the tower's visual impact.
Council Member Brown said she believed that neighborhood residents
should be consulted prior to selection of a color scheme.
Council Member Capowski asked whether there were any
other fluted column tanks close to the Town.
Mr. Greene stated that there was one located in Durham. Council Member Capowski inquired about the
elevation of the Nunn Mountain water tank. Mr. Greene said 150 feet from the ground to the top. He noted that although the proposed tower
was fifty feet higher than this, it would also have triple the capacity of the Nunn
Mountain water storage tower.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER
PAVÃO, TO RECESS THE PUBLIC HEARING TO JANUARY 8, 1996. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Item
3 Request for Preliminary Plat Approval
for Silver Creek Subdivision,
Phase 2
Ms. Culpepper stated that the Silver Creek Subdivision
was located off Weaver Dairy Road between East Chapel Hill High School and
Silver Creek I Subdivision. She stated
that Silver Creek I subdivision had been approved in 1993 and that Silver Creek
II subdivision was an extension of the original development. Ms. Culpepper also stated that the applicant
had agreed to construct proposed road improvements on the Silver Creek II side
of Weaver Dairy Road to achieve a full seventy-foot cross-section. She said that the proposal included
dedication of right-of-way to a point fifty feet north of the centerline of
Weaver Dairy Road, which would result in a ninety-five foot total right-of-way
width for Weaver Dairy Road in this area.
Ms. Culpepper also noted that the developer had constructed a solid
masonry wall along the Weaver Dairy Road frontage.
Bruce Ballentine, the applicant's representative,
presented a brief overview of the proposal.
Planning Board Chair Mary Reeb stated that any
buffer-related concerns had been mitigated by the applicant's construction of a
masonry wall. Ms. Reeb also stated that
proposed roadway connections were logical and were supported by the Planning
Board, although some citizens had expressed concern about the potential for
cut-through traffic.
Council Member Capowski ask where the road connections
would be when the roads were constructed.
Mr. Ballentine noted that there were a total of seven different
entrances into the development, such as from Sunrise Drive, Weaver Dairy Road
and Sweeten Creek Road.
Council Member Protzman commented that this proposal was
an excellent example that each of these subdivisions had been approved without
any major interventions for stormwater management. He stated that since this area had become so developed, potential
stormwater management problems might arise in the future. Mr. Ballentine stated that there was a
stream regulated by the Federal Emergency Management Administration near this
property, and that detention ponds were not feasible for the Silver Creek
subdivision.
COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER
PAVÃO, TO RECESS THE PUBLIC HEARING TO JANUARY 8, 1996. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The meeting was adjourned at 9:52 p.m.