PUBLIC HEARING OF THE TOWN COUNCIL OF THE TOWN OF CHAPEL HILL

MONDAY, FEBRUARY 19, 1996 AT 7:00 P.M.

Mayor Waldorf called the hearings to order at 7:00 p.m. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão, and Barbara Powell. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Parks and Recreation Director Mike Loveman, Town Engineer George Small, Planning Director Roger Waldon and Development Coordinator J. B. Culpepper.

Item 1 Preliminary Assessment Roll for Ward Street Paving

Town Engineer George Small gave a description of the work that had taken place on Ward Street to date, including paving of the existing gravel road and associated drainage work. Mr. Small stated that curb and gutter was not installed as part of this project. He indicated that project construction was completed in September, 1995. There were no comments or questions by the Council.

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

Item 2 Request for Preliminary Plat for Parkside

Cluster Subdivision

Mr. Horton briefly described the property under consideration for subdivision.

Development Coordinator Jennie Bob Culpepper stated that the property was bounded on the north by Northwood Subdivision Phase V under construction, on the east by NC Highway 86, on the south by the Town's proposed Northern Community Park and on the west by residentially-zoned undeveloped land. Ms. Culpepper indicated that the tract lay within the Residential-2 zoning district and the area studied for the Northwest Small Area Plan. She stated that the tract consisted of 63.7 acres of gross land area and the request was to subdivide the acreage into 142 lots. Ms. Culpepper said staff recommended shifting Road "I" south to connect with Road "G", and Road "B" north to connect with the realigned Road "I", as indicated in the proposed Resolution A.

Jack Smyre, the applicant's representative, stated that he had proposed deeding the greenway, open space, and pedestrian corridor, between lots 19 and 20, to the Town. Mr. Smyre said he agreed with the proposed shift of the two road connections mentioned by Ms. Culpepper, but added that the road over the creek was still problematic, as the advisory boards were split on how this roadway should be aligned.

Planning Board Chair Mary Reeb said the Board was also concerned about the proposed roadway connections. She said that the Board supported a roadway connection to Northern Community Park. Ms. Reeb said that the Planning Board had voted 7-2 to recommend approval of the request with conditions.

Flicka Bateman stated that NC 86, on which the traffic from this development would empty, was only two lanes wide. She said that the number of accidents on this road, 19 in 1995, was well above the benchmark of five set by the NC Department of Transportation. She asked that the Council delay construction of Parkside Cluster Subdivision until after widening of NC 86 was completed. Ms. Bateman said if this was not possible, she requested that the Council require the installation of stoplights at appropriate intersections to help lower the accident rate in this area.

Council Member Julie Andresen asked Mr. Smyre to comment on the amount of stormwater runoff calculated for the proposed development. Mr. Smyre said he did not have this information with him, but would provide it as soon as possible.

Council Member Andresen asked the staff to take a look at the applicant's figures and to give the Council feedback about potential flooding related concerns. Council Member Andresen expressed said concurred that this portion of NC 86 was a dangerous roadway. She also stated that one hundred and forty two lots could add up to one thousand trips per day to area roadways. Council Member Andresen also asked staff to comment on how residents would travel to the proposed play areas.

Council Member Joyce Brown asked what lay beyond the western stubout referenced by Ms. Culpepper. She asked what the stubout would cross and said she was particularly interested in the alignment. Council Member Brown said she would like to see what a connection would look like with an extended Weaver Dairy Road. Ms. Culpepper indicated that she would provide a revised map to the Council.

Council Member Brown said she would like to see the figures for the total traffic impact at buildout. Mr. Horton indicated that figures could be provided using the Northwest Small Area Plan. Stating that each project buildout added traffic, Council Member Brown said she would like to see estimates of traffic impacts at total buildout of the project. Mr. Horton indicated that such estimates would be provided. Council Member Brown asked how the Town's hydros computer model was applied to this proposed development. Mr. Horton indicated he would have the Town Engineer provide this information in a follow-up report.

Council Member Joe Capowski asked how a person coming out of this development would make a left turn at present. Ms. Culpepper said after the improvements to NC 86 were made, including a median, a person would only be able to make a right turn. She said that at this time you would have head north on Longbrook which would bring you to the traffic signal at NC 86 and Weaver Dairy Road. Council Member Capowski inquired when the widening of NC 86 would be completed. Ms. Culpepper said construction should begin very soon and was estimated to take some time. Mr. Horton commented that this roadway project could take three or four years to complete.

Council Member Capowski said the traffic statement indicated a projected addition of two percent to the traffic volume. He requested that these traffic figures be recalculated. Council Member Capowski asked how it was possible for the intersection at Bright Sun Place and NC 86 to be level of service F, but not warranted to have a traffic signal. Council Member Capowski asked what it would take to have a traffic light installed, if only for the construction period. He also inquired whether it was possible to delay construction until a traffic signal was installed. Council Member Capowski also inquired about the status of the property to the west of the subject property. Ms. Culpepper said she did not know who owned this property.

Council Member Brown asked whether or not Council Member Capowski agreed that Weaver Dairy Road should be realigned. Council Member Capowski said he did not have enough information at this time to make a decision.

Council Member Richard Franck said the Northwest Small Area Plan showed a collector street from Airport Road to the Weaver Dairy Extension, which crossed this property. He said there were some constraints, including the creek and the ball fields, which it would not be desirable to cross. Council Member Franck said if the Council required a sufficient collector street system the impact of traffic on NC 86 could be reduced. Council Member Franck said he would like to see fewer turning conflicts provided on the collector road. Council Member Franck also stated that he would like to see areas for proposed bus pull-offs and stops.

Council Member Brown said she agreed that the width of the roads were very important and should be examined carefully. Council Member Brown said she would like to have the Planning Panel discuss the extension of Weaver Dairy Road.

Council Member Capowski asked whether Longbrook Drive was intended to be a collector road for the area. Ms. Culpepper said that Longbrook was a 33 foot wide roadway and was designed as a collector street.

Council Member Pat Evans asked whether the staff could arrange for the Council to visit this parcel of land. Mr. Smyre indicated that this would be agreeable. Council Member Evans said she believed that there should be a mixture of housing in this area rather than standard subdivision type housing. Council Member Evans also said she would like to see how pedestrians would move around in this development, and said she was very much in favor of sidewalks on both sides of Longbrook, with a road connection to Northern Community Park.

Council Member Mark Chilton asked the applicant to explain how they chose the location for the proposed stream crossing. Mr. Symre said there were only two places suitable for stream crossings. He said he was looking for opportunities to minimize disturbance to the area, and the northern location was selected on this basis. Mr. Smyre said there was some threat to surrounding trees, but he and Town staff were working on protecting the trees. Council Member Chilton said there was a suggestion that realigning the three roads would increase the paving in the Resource Conservation District, and asked staff to comment on this in its follow-up report.

Council Member Andresen asked how the stream would actually be crossed, and if the streambed would need to be disturbed. She also asked whether or not gravel pathways had been considered for pedestrians rather than asphalt pathways or roads.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE PUBLIC HEARING TO MARCH 13, 1996. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

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

Mayor Waldorf noted that Council Member Brown had asked that the extension of Weaver Dairy Road be studied by the Planning Panel.

Council Member Chilton said he was concerned that the Planning Panel might not have ample time to study this question before March 13th. Mayor Waldorf indicated that it might be possible to do so.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THIS MATTER TO THE PLANNING PANEL AND TRANSPORTATION BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3 Request for Special Use Permit for Northern Community Park

Jennie Bob Culpepper, speaking as project regulator, stated that the Northern Community Park was a long-term project with an estimated fifteen-year buildout. She said that when completed the park was proposed to include a 30,000 square foot Community Center, two ball fields, one soccer field, two tennis courts, a basketball court and a volleyball court, a playground and a picnic area. Ms. Culpepper said a three hundred space vehicle parking lot was also proposed.

Parks and Recreation Director Mike Loveman, speaking as the applicant, said the conceptual plan for this park was approved in June, 1994. He said the playground and picnic areas were the most scenic parts of the park site. He also stated that ample walking trails were proposed within the park. Mr. Loveman said there was also a potential site for a future skateboarding facility. He stated that one soccer field had been eliminated from the proposal because of its location in identified wetlands. Mr. Loveman said the park was designed to be accessible to bicyclists and wheelchairs.

Planning Board Chair Mary Reeb said that the Board unanimously voted to support the proposed project. She indicated that there was a strong recommendation from the Board that another soccer field be placed on the park site and that consideration be given to adding a swimming pool.

Gary Barnes, Parks and Recreation Commission Chair, said the Commission had recently learned that a new proposal was being prepared which did not include soccer fields. Mr. Barnes said the Commission unanimously favored having two soccer fields at the proposed park. Mr. Barnes said no parks in Chapel Hill or Carrboro had soccer fields, despite the increasing demand for these facilities. He requested that the second soccer field be reinstated in the development proposal.

Parks and Recreation Commission Member Dianne Lemasters requested that the second soccer field not be deleted from the proposed park. Ms. Lemasters said that soccer was tremendously popular in this area and the Town should have fields available to meet the demands of its citizenry.

Council Member Lee Pavão said he was surprised to see that a soccer field had been deleted from the proposal. He said that when he was a member of the Parks and Recreation Commission, soccer fields were the number one need, and he agreed with Ms. Lemasters that they were still a high priority need. He asked that the Council seriously look at the wetland area and decide whether or not it was really important to preserve the area as wetlands. Mayor Waldorf agreed, saying she would also like to see the second soccer field reinstated in the proposed development.

Council Member Andresen said she understood the need for the soccer field but also was interested in preserving the wetlands area. She said that the staff needed clear direction on what the Council wanted in this respect. Council Member Andresen also said that the Council needed to be careful not to use different standards for Town development than for other developers. She requested that staff prepare a follow-up report to the Council in response to a letter from Paul Killough regarding the proposed roadway system.

Council Member Evans asked why a Community Park would not be connect to the surrounding community. She said the current proposal was for the park to be connected by a long driveway and a parking lot. Council Member Evans asked staff to investigate the possibility of having a winding road connect to the parking lot. Council Member Evans said she agreed that soccer fields were very much in demand and should be included in the proposal.

Council Member Brown said that the applicant was proposing to construct an extension of Stateside Drive to the northern boundary of the property, where it would connect with the road proposed to be constructed by the Parkside Cluster Subdivision and the applicant was proposing to obtain land from the Freedom House in order to construct this roadway. She inquired how the owners of Freedom House had responded to this proposal. Mr. Horton indicated that they favored the proposal.

Council Member Brown said although she appreciated the need for soccer fields, she was also concerned with the preservation of the wetlands area. She asked what sort of protection the wetlands afforded with regard to stormwater runoff. Council Member Brown asked exactly when the community center was proposed to be built. Stating that the Council had indicated that construction of the fields be given the highest priority, Mr. Horton said it could possibly be constructed at buildout, estimated to be fifteen years. Council Member Brown also asked that the staff look into other lighting alternatives which might be feasible.

Council Member Capowski asked whether the proposed buildout of fifteen years was due to Council recommendations on capital projects. Mr. Horton said that this was correct. Council Member Capowski said he would support a bond for parks and recreation facilities in order to get the park built immediately. Council Member Capowski asked how access would be accomplished from the west.

Council Member Barbara Powell asked whether the park could be realigned or redesigned to put the second soccer field back into the proposal. Mr. Horton said the most logical way would be to put it back where it was originally proposed, in the wetlands area. He indicated that two proposals could be brought back to the Council, one with the second soccer field in the wetlands, and the other with just one soccer field proposed. Council Member Powell asked if some other configuration could be used. Mr. Horton said it would mean basically starting over and maybe sacrificing a ball field.

Mayor Waldorf said that a soccer field was not an impervious surface, so it had to have some value as an absorbent area.

Council Member Evans asked that a skateboard facility be included in Phase I.

Council Member Andresen asked the staff to look at providing a second soccer field without disturbing the wetlands area. Council Member Andresen said she would like some feedback from the staff on the demand for baseball as opposed to soccer and other sports. Council Member Andresen said this was a great opportunity to request Orange Water and Sewer Authority to study how sewer lines would be placed on this site with the least amount of damage.

Mayor Waldorf inquired about the size of the proposed stormwater detention basins and their possible recreational value. Amy McIntosh, representing the applicant, said there were two types of detention basins: one for reducing the velocity of runoff and one for wetlands detention. Ms. McIntosh said one sewer line would cross the creek and there would be no detention basins located in the wetlands area.

Mayor Waldorf asked whether the only impervious surfaces on the site were the parking lot, the community center and the asphalt trails. Ms. McIntosh said that this was correct.

Council Member Franck suggested this might be a good opportunity to consider alternates to standard curb and guttering along the Duke Power easement.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE PUBLIC HEARING TO MARCH 13, 1996. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

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

Item 4 Proposed Development Ordinance Text Amendment Regarding

Conditional Use Zoning

Mr. Horton said that the Council had received a petition from Grainger Barrett, representing several property owners on Bypass Lane, requesting that the Council amend the Development Ordinance to allow the Council, with the consent of the effected property owners applying for a Conditional Use Zoning District, to limit the uses allowed in this Conditional Use District.

Council Member Andresen asked whether or not this request would change the process currently used for conditional use zoning. Mr. Horton said that for example, if the normal list of permitted uses included a drive-up bank, the petitioner could propose that such a use be eliminated. Mr. Horton said he believed that this was in the Town's best interest. Council Member Andresen asked what was gained by considering this change. Mr. Horton said it saved applicants money for start-up costs at the beginning of the rezoning process and made the overall process easier.

Planning Board Chair Mary Reeb said the Board had a split vote on this matter. Ms. Reeb said the Board had concluded that the conditional use zoning process warranted careful examination.

Scott Radway said his summary of the staff recommendation was that it was potentially disastrous. Mr. Radway said the recommendation offered false hope and lengthened the review process rather than shorten it. Mr. Radway requested that before the Council acted on the proposal, the existing conditional use process should be carefully examined.

Grainger Barrett said from his perspective this was a relatively modest change to the ordinance. Mr. Barrett said he represented seven property owners representing different income levels. Mr. Barrett said he was not proposing a change to the general thrust of the ordinance. Mr. Barrett said he was asking that landowners in a specific district be able to limit the uses in that particular district. He also indicated that the court system looked on this proposed process favorably. He said the only difference was that if the rezoning was rejected up front, then the landowners had not lost the initial investment of up to $15,000 which would have had to be invested under the current review process.

Council Member Capowski asked for an example of what could be done by the landowners if this proposal were accepted. Mr. Horton said the staff would prepare a report to outline this matter in detail. Council Member Capowski said he did not believe the Council had used zoning to prevent drive-up banks in the past, and asked whether this would give a false indication to other developers. He asked that if approved, a stipulation be added that indicated that this method be used sparingly.

Mr. Barrett said it was not just the drive-up window the owners could prohibit, but the bank itself. He said this option had not be widely used and he did not expect it to be widely used.

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

The hearing concluded at 9:12 p.m.