CONTINUATION OF A CHAPEL HILL TOWN COUNCIL PUBLIC HEARING FROM MAY 20, 1996 REGARDING SOUTHERN VILLAGE WEDNESDAY, JUNE 12, 1996 AT 7:00 P.M.

Mayor Waldorf called the public hearing to order at 7:00 p.m.

Council Members present were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans (late arrival), Richard Franck and Lee Pavão. Council Member Barbara Powell was absent, excused.

Staff Members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, and Development Coordinator J.B. Culpepper.

Mayor Waldorf reminded citizens present that because of the quasi-judicial format for tonight's meeting, persons wanting to speak must sign up at the Clerk's table and be sworn.

Mayor Waldorf suggested that because of the four applications being considered tonight, six minutes be allotted to each speaker rather than the traditional three minutes. The Council concurred.

Council Member Andresen stated that since this was a continuation of the public hearing from May 20th, that speakers be allowed to speak on all eight of the Southern Village applications, rather than the last four not discussed at the original hearing. She asked Town Attorney Karpinos if this was a correct assumption. Mr. Karpinos stated that was correct.

Development Coordinator J. B. Culpepper gave a brief overview of the four applications that had been reviewed and discussed on May 20th. She then briefly described the remaining four applications to be considered tonight. Ms. Culpepper commented that Report Five concerns the rezoning application, Report Six deals with the West Tract Special Use Permit application, Report Seven addresses the West Tract Multi-Family Special Use Permit, and the last, Report Eight, speaks to the Recreation Center Special Use Permit. Ms. Culpepper stated that the questions raised at the May 20th public hearing will be addressed tonight.

Ms. Culpepper described the key issues of the remaining four applications. She stated the key issue addressed in Report 5, regarding rezoning of the Western Tract, was its consistency with the Comprehensive Plan. Ms. Culpepper said that Report 6, dealing with the West Tract new Special Use Permit, had several key issues, which are the relationship to the Master Plan, continuation of the Northeast Tract concept, the street network, the Resource Conservation District, stormwater management, greenways and the recreation area. Ms. Culpepper commented that Report 7 speaks to the Recreation Center new Special Use Permit, whose key issues are its central location, its non-profit status, and it not being a part of recreation requirements. Ms. Culpepper noted that Report 8, the Multi-Family Units new Special Use Permit application, key issues are the proposal for condominium ownership, parking courts and on-street parking, the play field adjacent to the creek, and the land use intensity ratios.

Mr. D. R. Bryan, speaking as the developer, made his presentation with the use of slides and overheads, highlighting the positive aspects of the development as well as the advantages to be gained from approval of the applications being considered by the Council. He commented on traffic patterns, the playground areas, the narrow streets which are shaded by trees, and the presence of civic buildings, using the Church of Christ as an example. Mr. Bryan commented they had used traditional neighborhood designs while planning Southern Village, and that a great deal of time had been spent reviewing similar neighborhoods and the patterns used within the developments. Mr. Bryan said Southern Village was a breakthrough in neighborhood design, and they were proud of their accomplishment.

Ruby Sinreich, representing the Transportation Board, stated how important it is that streets connect, are narrow, and have bicycle and pedestrian access. She said the Board discussed the width of the streets and agreed with the developer that they be as narrow as possible, which will still allow access by the Town's buses. Ms. Sinreich also commented that narrower streets will serve to slow traffic down, making the streets safer. She also stated it is important that there be a pedestrian connection to the neighborhood.

Mark Broadwell, speaking for the Greenways Commission, stated that the Morgan Creek bridge crossing was originally proposed near the 15-501 intersection, but the developer has since asked the Council to disregard this requirement. He stated this crossing is imperative to the overall greenway connection. Mr. Broadwell stated the original proposal may have been unfeasible, but asked the Council to find an alternative or accept a payment-in-lieu. He said the greenway adjacent to Edgewater Drive should be extended and run alongside Edgewater Drive similar to a sidewalk, at least ten feet wide and constructed of a natural surface. Mr. Broadwell said without formal infrastructure, trails which go nowhere or do not connect may appear. Mr. Broadwell said the Fan Branch trail should be a natural trail constructed with hand tools, to provide access to Mason Farm Road. He said the primary users of this trail would be residents of Southern Village, so the developer should provide this. Mr. Broadwell also asked the Council to require the developer to produce a pedestrian-friendly development plan and provide the greenway links as promised.

William Coleman, speaking for the Smith Level Road Alliance, asked the Council to remove the stub-outs from the Western Tract of the Southern Village development. He stated he is concerned about the effect on wildlife, that the expansion of Southern Village will destroy natural wilderness, it will compound overcrowding in our schools, and urged a moratorium on expansion of Southern Village.

Allen Tew, a resident of Clayton, NC, stated Mr. Bryan had developed the area he resides in. He stated the issues before this Council tonight were also issues when his neighborhood was under construction. Mr. Tew stated that Mr. Bryan did not share all necessary information with the residents regarding the construction of a pool or the construction of a golf course. He stated that the lot sizes on the original plats for his neighborhood were changed without their knowledge. Mr. Tew also stated that on at least one occasion Mr. Bryan did not appear for a scheduled meeting with the residents. He stated that the recreation issues were also critical points of contention between the homeowners' association and Mr. Bryan and his colleagues. Mr. Tew stated they found out after the development was constructed that the primary recreation area is in the floodplain, and remains too wet for use much of the time. Mr. Tew then shared photographs of his neighborhood with the Council which depict the fourth fairway of the goal course in his neighborhood. He said a premium price was paid for the homes along this fairway, but a nearby river is used by his county as a sewer line, which was unknown to the residents, making this property undesirable. Mr. Tew said it is significant to note that these events took place without the consent or the knowledge of the homeowners' association. He suggested that the Council may want to look into Mr. Bryan's previous work before acting on the applications.

Council Member Pat Evans arrived at 7:50 p.m.

Bert Gurganus, a 25-year resident of Chapel Hill, stated that he would like to yield his time, as Mr. Tew had addressed the issues he was concerned about.

Maureen St. John-Breen, speaking for the Culbreth Park Homeowners Association, stated they had strong concerns about the rapid construction of Southern Village. Ms. St. John-Breen stated that they are also concerned about erosion control measures along Fan Branch. She commented that if R-5 zoning is approved, the erosion will not be controlled along Fan Branch. Ms. St. John-Breen said there had already been negative impact on the stream. She also expressed concern about how water from the pool will be discarded, and the contamination of the stream which would be probable if the pool water were diverted into the stream. She said because of these issues, they do not support the request for rezoning.

Marty Mandell read a letter from Joan Greene which urged the Council to vote no on the rezoning request, because of its impact on traffic and the potential contamination of drinking water resources. She stated in her letter that any impacts on the watershed should be limited.

Julie Coleman, a member of the Small Area Plan, asked the Council to think conceptually and not get bogged down by the amount of information before them. She urged the Council to read the report and to take additional time to consider all aspects of these applications. Ms. Coleman stated the developer had abandoned many parts of his original Master Plan, and maybe the Council should look at that original proposal and the current one to identify which changes have been made. Ms. Coleman urged the Council to visit the West Tract, stand on the slope, and try to imagine 540 homes with 90 percent of the trees removed. She said she does not believe wildlife will be protected since no provision has been made to provide them someplace to move to, except residents' backyards. Ms. Coleman encouraged the Council to take their time when making the decisions concerning Southern Village.

Ms. Coleman also read a statement from June Dunnick, a Planning Board member, stating her concerns regarding the Stormwater Management Plan and the recreation areas. Ms. Dunnick's letter stated her concern about the changes proposed for this development, and asked that the Council hold the developer to his original plan.

Tanya Suarez, a resident of Chapel Hill since 1976, expressed her concern about the movement to planned villages. She said her previous residence was located in a middle-class neighborhood in another state, and upon visiting that neighborhood recently she discovered the neighborhoods had disappeared with large communities taking their place. Ms. Suarez stated she would not like to see Chapel Hill become susceptible to such explosive growth. She asked that the Council have the vision of Chapel Hill twenty years from now in mind when considering these applications.

Ms. Jane Steenstra, a Southern Village homeowner, stated that when her family came to Chapel Hill a year ago, they were looking for a new home and found one in Southern Village. She said Southern Village is designed to encourage a sense of community and it is succeeding. Ms. Steenstra said it offers convenience while surrounding them with green space, and that the day care is already in operation. She said it has already reduced the use of automobiles, and features small yards which require fewer motorized tools and less fertilizer to maintain. Ms. Steenstra said it features a very adequate waste system. She said she is happy to be a resident of Southern Village, and commended the Council for allowing the construction of her home. She urged the Council to approve the proposals.

Dean Kreyling stated he believes this development is nearsighted. He stated the traffic congestion, especially around the shopping center, cannot be controlled. Mr. Kreyling stated his objective is to sit on his porch and look at the trees, but with this development he will be looking at a parking lot. He asked the Council to keep the small town atmosphere of Chapel Hill by denying the applications before them. Mr. Kreyling said Southern Village is just too much, and asked the Council to allow Chapel Hill to grow naturally.

Gwynne Pomeroy, a resident of Dogwood Acres, read a letter from Gene Ozasky, which requested that the Council refuse the request to rezone a portion of this development to R-5, because of its enormous impact on the environment. She read that he believes the Council should pay attention to the impacts this development will have on adjacent neighborhoods as well as the isolation of residents of Southern Village. She read that others will pay the price for this development, including the residents of Dogwood Acres, and that because of this development's intensity, it will impact the floodplain, the environment, the natural beauty of the area, as well as the destruction of natural ecosystems and an increase in traffic congestion and noise.

Lloyd Kramer, a resident of Dogwood Acres, urged the Council to carefully review the rezoning request in Report 5. He said it is important to him and other residents that their neighborhood not be transformed by Southern Village.

Diane Bloom addressed Report 6, specifically the wetlands. She stated that wetlands serve as a natural buffer and habitat to wildlife, as well as an educational tool for children. Ms. Bloom asked if wetlands were constructed elsewhere, would they have the same natural balance as the original ones. She asked that the Town recognize the environmental impact of destroying wetlands, and that a complete mapping be done by independent consultants before the wetlands were destroyed and rebuilt elsewhere.

Sally Massengale, a teacher at Glenwood School, commented she is concerned about the impact on local schools by the residents of Southern Village. She urged the Council to take their time before moving towards rezoning and study all potential impacts. Ms. Massengale also expressed her concern for the potential effect on the environment, as well as the comments made by the speaker from Clayton and the problems he expressed. Ms. Massengale asked the Council to carefully consider these issues when making their decisions.

Margaret Brown, a member of the Smith Level Alliance, invited the Council to tour the neighborhoods surrounding Southern Village, so that they may see firsthand the impact this development will have. She said that a part of the Small Area Plan was to protect neighborhoods, and this development will have too great an impact. Ms. Brown asked the Council to please consider her invitation.

Victor Friedmann, president of the Alliance of Neighborhoods, stated they are committed to retaining a high level of quality in neighborhoods in Chapel Hill. He stated that this development and its associated impact prompts them to ask the Council to deny the applications for Southern Village. Mr. Friedmann said the rezoning would allow high density areas, which will probably remain that way. He stated their concern that the low density areas could potentially become high density also. Mr. Friedmann urged the Council to move slowly.

Kathy Tawney, a resident of Southern Village, stated her neighborhood is made up mostly of new residents to Chapel Hill, and therefore may not be as organized as other neighborhoods. She said this means the residents of Southern Village are not being heard. Ms. Tawney said she moved to Southern Village because of its many amenities and opportunities. She said her neighbors are friendly, happy, and are not rich people with nothing else to do. Ms. Tawney invited others to visit her neighborhood before forming any other opinions.

Nancy Feder, a member of the Little Creek Neighborhood Association, asked that the Council deny the rezoning request because the plan does not protect the health, safety and welfare of the community, and it violates the goals and objectives of the Comprehensive Plan. She said it does not protect water sources; will create traffic problems on Culbreth Road and 15-501; offers a serious lack of recreational space for a development of this size; does not protect the adjacent properties; and violates the Small Area Plan because it does not provide transition and natural buffers to adjacent land. Ms. Feder said when the roads are built, surrounding property values will decrease because of the traffic impacts.

Kevin Foy said he did not believe the topography of this area would support the purposes of the Comprehensive Plan. He said he did not believe you could modify one portion of the plan without looking at the whole plan, what has already been built, and what we anticipate being built from this time forward. Mr. Foy said that wholesale clearing would take place if the Special Use Permits were approved. He suggested that a Landscape Protection Plan be developed to protect this area as much as possible, and that the developer be required to minimize to the extent possible the negative effect on natural areas. Mr. Foy said Southern Village should stand on its own, and we should insist on the highest standards possible.

Allen Spault, a water quality activist and a member of the Cane Creek Watershed Protection Committee, stated that water quality is more fragile and vulnerable that they had first thought. He said we have a special obligation to watershed protection, and this development may threaten the quality of the University Lake watershed because of the stub-outs proposed. Mr. Spault said small ponds on Southern Village may not affect the residents, but would potentially have a negative effect on the neighboring properties, because of sediments and pollution from home chemicals, traffic, and others. He said this will create hazardous sludge in the detention ponds, and urged the Council to go slowly when considering the small detention ponds. Mr. Spault said he is also concerned about the lack of adequate buffering between Southern Village and its neighborhoods. He said the existing neighborhoods should not be impacted negatively because of the new neighborhood being constructed. Mr. Spault said he has no trust in constructing new wetlands, that when the natural ones are gone, they cannot be effectively replaced.

Joanna Haymore said she is concerned about the number of trees that will be removed due to this development. She said that other developers will attempt to follow in Mr. Bryan's footsteps if this development is constructed as planned. Ms. Haymore said the development do not conform to the Comprehensive Plan or the objective of the Small Area Plan, which was to protect the character of the area. She said the Resource Conservation District standards as interpreted by the developer does not conform to the Town's interpretation. Ms. Haymore asked that practical alternatives be found to reduce the impact of this development. She urged the Council to think carefully about these issues and to make decisions on behalf of all citizens of Chapel Hill.

H. Coleman Day, who had four others cede their speaking time to him, asked to speak for approximately 10 to 15 minutes, and the Council agreed. Using slides as examples, he asked that 100 feet of buffer be required around adjacent properties, and that the Council deny the high density rezoning so that massive clearing and grading would not be necessary, which may lead to more erosion. Mr. Day said clearing and grading had direct impact on the wildlife, the environment, and contributed to erosion and instability of slopes. He said some containment ponds are less than five feet from Fan Branch, and frequently spill over. Mr. Day said they are facing 90 percent clear cutting in the western section, and that these issues must be faced. He said the containment ponds are not able to handle the runoff, especially around Edgewater Drive and Fan Branch. Mr. Day said the topography maps show even more grading necessary, which will only contribute to the runoff and erosion of the detention ponds. He stated the Town should require a minimum of 100 feet buffer from any property line, where only 10 to 15 exists in many areas of Southern Village at this time. Mr. Day asked that the Town carefully study the Land Use Plan for this area before making any decisions. He also asked that the grove of trees bordering Culbreth School, many of which are over 100 years old, be preserved. Mr. Day said many of the proposed lots are inside the Resource Conservation District, and said these lot lines should be redrawn to begin at the Resource Conservation District line. He stated that a particularly attractive grove of wildflowers are scheduled for destruction because of the proposed construction, and that many deer have been pushed into the Dogwood Acres neighborhood already.

Mr. Tom Ronman, a resident of Dogwood Acres, stated his concern about the density and population of this development, and how it may affect citizens of Chapel Hill. He asked the Council to study these impacts.

Helen Motta, a resident of Southern Village, stated her family had searched for a neighborhood conducive to families. She stated that Southern Village was exactly the type of community they had searched for. Ms. Motta said stores are within walking distance, the neighbors are friendly and happy, and they frequently make use of the parks and recreation areas. She said many of the residents frequently walk the neighborhood. Ms. Motta said Southern Village is an excellent community and it's here to stay. She said the concept is working and they want it to grow and prosper. Ms. Motta said she is looking forward to being able to walk to the store and not use her car, and urged the Council to approve the applications.

Livy Luddington stated she wanted to be able to speak positively about this pedestrian-oriented community, but feels a responsibility to say that this development is not being built the way it was originally designed. She said she believed Mr. Bryan should not take the blame, but felt that someone, probably the Council, should make sure that the goals of protecting and preserving Chapel Hill are met. Ms. Luddington said water quality as well as existing neighborhoods should be protected. She said the land in this development is being ravaged because of the grading on the steep slopes and the erosion this causes. Ms. Luddington said there appears to be a lack of objectivity from Town staff, and this development should be held to the highest standards possible. She said the massive clearing should be stopped, and that more effort should be made to preserve as many trees as possible. Ms. Luddington said because of the small size of the lots, massive clearing has to take place. She asked that this issue be looked into, as well as the impact on surrounding roadways. She asked that the Council take another look at this development before making any decisions.

Scott Glasser, a resident of Southern Village, said this development is not the nightmare others present it to be. He said it has the amenities he and his family looked for when searching for a home. Mr. Glasser said they frequently watch different wildlife from their front porch, their neighbors often walk the many streets, and he often walks his daughter to the nearby park. He looks forward to the day when he can walk to the grocery store, the cinema, or the school. Mr. Glasser said he would like this neighborhood to reach its full potential. He said he is concerned about the effect of Southern Village on other neighborhoods, and urged the neighbors of Southern Village to meet with Southern Village residents to try to work through some of these issues.

David Taylor, a resident of Southern Village, stated his belief that Chapel Hill has an urban feel as well as a small town feel. He stated that when he was unable to find property close to downtown, he discovered that Southern Village provided everything he was looking for. Mr. Taylor said growth was inevitable, and would not like to see hugh sprawling developments on 20 acres of land with unconnected roadways all emptying out onto the same highway. He said Southern Village is a rational, controlled and far-sighted development which will promote growth in the southern area of Chapel Hill. Mr. Taylor said he believes the Master Plan and Special Use Permits should be approved. He said construction sites are messy, regardless of the size, but if you walk through Phase 1 of Southern Village you will see that grass, trees and houses exist, and the earth has healed itself to become an attractive area once again. Mr. Taylor said you have to look at the infrastructure being created, which will carry forward well into the future. He urged the Council to allow Southern Village to become what it was meant to be.

Paul Tawney, the first resident of Southern Village, said he feels his neighborhood is a wonderful place to raise his children and enjoys the community atmosphere. He urged the Council to approve the applications.

Raegan May, a resident of Southern Village and the minister of the Church of Christ to be located there, said he is very pleased with the way Southern Village has progressed. He said he enjoys walking to the market for ice cream and walking his children to their friends homes and the nearby playgrounds. Mr. may commented he enjoys his life in Southern Village and plans to reside there permanently. Mr. Ray said that enabling Southern Village to continue with its plans would only make life there more enjoyable.

David Cook stated that the concept of Southern Village is basically sound. He said he is concerned about the 25% slopes and the contour lines that lead into those areas, which are very much the same. Mr. Cook said that the Development Ordinance states steep slopes should be held to 10 to 15%. He said he could not understand why no variances were needed by the developer. Mr. Cook said that according to the Development Ordinance, minimum requirements must be meet in the spirit of the ordinance. He said he does not believe this has been done, and said the Council and staff should revisit this issue. Mr. Cook said the area proposed to be clear cut is over the 60% allowed by the ordinance, and feels this issue should be resolved before any clear cutting takes place. He asked that the developer meet the spirit of the Development Ordinance, so that other developers do not follow in his footsteps.

Erika Schneider, currently building a home in Southern Village, said the many sidewalks, trees, the Village Center, the stone walls, the beautiful vistas and the many pedestrian walkways appealed to her. Ms. Schneider said the neighborhood design encourages people to enjoy the area. She said she believes in this neighborhood and is happy and thankful to be living there. Ms. Schneider said great care has been taken to create the community atmosphere which exists, and she is proud to call Southern Village home.

Senora DeCoste-Karr, representing the Woodcrest neighborhood, offered an invitation to the Council to visit her neighborhood to see first-hand the effect Southern Village has had on her neighborhood and the potential for other changes. She asked that adequate buffers be provided to protect her neighborhood, and asked the Council to strongly consider the consequences before any applications are approved.

Robert Haskell, a resident of Dogwood Acres, asked that respect be shown to adjacent neighborhoods by creating adequate buffers between Southern Village and existing property.

Alan Karr, a resident of Woodcrest neighborhood, said different needs are served by different neighborhoods, and asked that the needs of their neighborhood not be sacrificed for the needs of Southern Village.

Madeline Jefferson, a member of the Alliance of Neighborhoods, stated after choosing a lot in Southern Village, putting money down and hiring a builder, they visited a nearby community which their builder had constructed. After noticing the lack of trees, they withdrew their offer. Ms. Jefferson said the pace of this development is moving much faster than they had been told, and asked that the Council delay approval of the applications until Phase I is completely developed and its impact can be measured.

Mayor Waldorf requested the staff take a look at the buffers and identify alternatives. She commented she did not believe what has been prepared is adequate, especially in regard to adjacent properties and the stream.

Council Member Andresen asked the staff to do a rough drawing of the lake which shows how large it is, indicating the dam height, the seven-day, ten-year flow, the size of the drainage area above and the dam, and submit it to the State Division of Water Resources for their comments and evaluation concerning the feasibility of the lake. She also asked if soil analyses had been done in the early stages when the Master Land Use Plan was submitted. Council Member Andresen said she is concerned about the amount of degradation in the Resource Conservation District. She said she is also interested in knowing if the staff conducted a soil analysis in the early stages of developing a small area plan or the Master Plan. Council Member Andresen stated she is interested in knowing what the staff has done to identify wetlands and in getting assistance from the Army Corps of Engineers to develop them. She commented she would like to see any documentation the staff may have concerning this. Council Member Andresen said she is also interested in the problems created by the streams, and would like to see protection of the significant trees. She asked the staff how they are interpreting the Tree Ordinance. Council Member Andresen stated she is concerned about protecting our future water sources, such as Jordan Lake which is already being used by other communities. Council Member Andresen said she is concerned about any additional density and the trading of density, because of its effect on water quality. She also said that detention ponds are a concern of hers, and in visualizing the concept of this development she did not believe it wise to depend on the surrounding area to provide green space. Council Member Andresen requested the comments concerning land suitability and the slopes made tonight by the speakers be addressed, as well as the concept of modifying one part of the Master Plan without looking at the whole document.

Council Member Brown said it is very important that these decisions not be rushed, and that the Council read and absorb all of the material presented. She said this will take a great deal of time and the Council should give it the time it deserves. Council Member Brown said she is also concerned about the Resource Conservation District and what will happen there. She said this needs to be looked at very carefully, because the preservation of our streams are important in many ways. Council Member Brown said she would like to review the goals of the Design Guidelines to ensure they are being met. She also stated she would like to see a Landscape Protection Plan which would protect the hardwoods. Council Member Brown said she is also concerned about the ponds and how they are built and what standards should apply, as well as how they are maintained. She said she believes more information is necessary from the State before a decision is made. Council Member Brown said she wants to protect the existing wetlands and the Council should look carefully at that.

Council Member Pavão said Mr. Cook raised several interesting questions, one of which was why no variances were required and if the Town is following our own ordinances. He said he believes these questions should be answered. Council Member Pavão said he also would like the water quality issues addressed and felt that the residents of Southern Village made some interesting and positive comments about life in Southern Village and asked the Council to consider them.

Council Member Pat Evans asked if the springs would be relocated, and whether three-story buildings are planned on the lot lines adjacent to other neighborhoods in the western tract. She asked if the dirt pile shown in the slides presented by Mr. Day is to remain, or is the dirt stored temporarily. Council Member Evans asked the staff if the ponds were required to be fenced and screened, and to define the difference between a detention pond and a retention pond. Council Member Evans stated this property is Grade 3 soil, and asked what is the grade of land in most of southern Orange County and whether there is any other Grade 3 land that has been developed. Council Member Evans requested the staff provide a list of uses that are allowed in the Resource Conservation District.

Council Member Joe Capowski asked the staff to report on the annexation schedule of Dogwood Acres, Southern Village, and Smith Level Road. He said he agreed that the west tract is different from other tracts because it borders other neighborhoods. Council Member Capowski said while we don't typically require additional buffer, he sees no tapering or increased buffering in these areas, and feels it would be helpful. He agrees pedestrian and bicycle access should be provided to Culbreth School, but commented he is concerned about the ponds and how to keep them full of water. Council Member Capowski asked that the developer provide some sort of scientific guarantee to ensure that the detention ponds would be full year round. He commented he did not understand the logic of the stub-outs from the west tract to the Smith Level Road properties, and would like some discussion as to why they are there. Council Member Capowski said in the stipulations regarding water and sewer and other utilities where fire flow was discussed, some fear was expressed about a lack of pressure. He said he assumes the Orange Water and Sewer Authority knows about this, and how it would affect regular use and well as firefighting. He asked how for-profit or not-for-profit recreation areas differ, and commented he believes the six tennis courts, regardless of their status, would have the same affect on the community either way. Council Member Capowski also asked if the any of the condominium units were dedicated to affordable housing.

Council Member Richard Franck, addressing his questions to Mr. Bryan rather than the staff, asked how much recreation area is required, and asked if the requirement had been met. He said his concern is the amount which is located in the Resource Conservation District, stating if there are other areas available, then the Resource Conservation District could remain undisturbed. Mr. Bryan commented the site for the playing field located in the Resource Conservation District was chosen because of its flat surface.

Council Member Franck asked about the driveway. Mr. Bryan said that rather than crossing the Resource Conservation District, the driveway is placed to make a crossing unnecessary.

Council Member Franck asked about the tributary near Culbreth School, and how it will cross the Resource Conservation District, which he does not support. Mr. Bryan said a dam is located in this area which will require some grading.

Council Member Franck asked about the problems addressed regarding the draining of the pool across an open field, and asked if this was common. Mr. Bryan said this is not common.

Council Member Franck asked staff where the Town drains their pools. Council Member Franck asked Mr. Bryan about the width of Killdare Road. Mr. Bryan said the Transportation Board had requested its width be reduced from 35 feet to 27 feet.

Council Member Franck said he is very concerned about erosion control, and hoped that some solution could be found before construction began. He also commented he has walked along Edgewater Drive, and it is very close to the stream, and asked if the original plan showed this relationship to the stream. Mr. Bryan said traditionally tributaries usually had houses backed up to it, which made it less accessible by any but adjacent residents. He said this allows less disturbance of the Resource Conservation District. Council Member Franck asked if this limits the types of houses that can be built on these lots. Mr. Bryan said adequate space exists for the houses planned for these lots.

Council Member Franck said the Transportation Board mentioned pedestrian links to Dogwood Acres, and asked Mr. Bryan to comment on that. Mr. Bryan said he believes residents of Dogwood Acres would want to access Southern Village and its amenities.

Mayor Waldorf agreed with Council Member Franck, and said she would like to pursue this.

Council Member Franck also asked about the issue of for-profit and non-profit recreation areas. Mr. Bryan said they had other properties which had recreation acres owned by private enterprise, which allows residents to join or not as they choose. He stated the recreation area in Southern Village would be not-for-profit.

Mr. Horton said specific details on this matter could be worked out in the future.

Council Member Brown requested that the staff look to see if there was any other way to handle greenway linkages, including payment-in-lieu. Mr. Bryan stated that he had asked Greenways, Inc. to review this matter.

Mayor Waldorf requested that a representative of Greenways, Inc. present a brief report this evening.

The Greenways, Inc. representative said there were some physical constraints in this area. She said the problem was getting from the flat area into the Resource Conservation District area, because of the sloops which are at 16%. She also said they had looked at other ways to access the area, and they proved to be even more difficult, with steep 2 to 1 slopes. She said they looked into the probability of tunneling under Culbreth Road, and could not because of existing gas lines. Council Member Capowski asked if a bridge was considered. She replied that building a bridge over Morgan Creek may well be necessary eventually.

Mayor Waldorf asked the staff and developer if it was feasible to ask the Orange Water and Sewer Authority to place the utilities under the road. Mr. Bryan said they could request it. Town Manager Horton said he would provide this information. Mayor Waldorf agreed with Council Member Brown that the Greenways Commission's comments be looked at again.

Town Manager Horton stated that because of the number of questions raised tonight, he does not believe it would be possible to provide this information on the last four applications before the Council's summer break, but could address the issues raised on the first four items before the break. He suggested Reports 5 through 8 be addressed in September.

Mayor Waldorf asked for a motion to recess the public hearing to June 24th for Reports 1 through 4, while recognizing that comments made on June 24th may be relevant to Reports 5 through 8.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECESS THE PUBLIC HEARING TO JUNE 24TH.

Mr. Bryan asked that Report 7 be considered on June 24th so as not to delay the construction of the pool.

Council Member Brown said that some of the information may necessitate further deliberations, and recessing to June 24th should not necessarily indicate decisions will be made at that time. Town Manager Horton agreed that was correct.

THE MOTION TO RECESS THE PUBLIC HEARING TO JUNE 24TH WAS ADOPTED UNANIMOUSLY.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADJOURN THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY.

The meeting was adjourned at 10:43 p.m.