MINUTES OF A PUBLIC HEARING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, MARCH 17, 1997 AT 7:00 P.M.

Mayor Waldorf called the meeting to order at 7:00 p.m. Council Members present were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão, and Edith Wiggins. Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Planning Director Roger Waldon, Development Coordinator J.B. Culpepper, and Parks and Recreation Director Mike Loveman.

Item 1 Consideration of Legislation to Clarify that the Carolina Inn Should Collect Hotel/Motel Occupancy Tax

Mayor Waldorf introduced a resolution which would request legislation to apply occupancy taxes to the University of North Carolina's facilities in the Town on the same basis as for private hotels and motels. She stated she believed the University had been diligent in following the law, and the problem seems to lie in interpretation of that law. Mayor Waldorf asked the Council to adopt the proposed resolution.

MAYOR PRO TEM BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION R-1.

Council Member Capowski stated this was a good compromise.

Council Member Andresen asked if this legislation would make the University legally responsible to collect this tax. Mayor Waldorf responded yes. Council Member Andresen remarked that the Town depends on this money for programs and it is a good resolution.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING LEGISLATION TO APPLY OCCUPANCY TAXES TO THE UNIVERSITY OF NORTH CAROLINA’S FACILITIES IN THE TOWN OF CHAPEL HILL ON THE SAME BASIS AS FOR PRIVATE HOTELS AND MOTELS (97-3-17/R-1)

BE IT RESOLVED by the Town of Chapel Hill that the Council requests:

1. That the General Assembly adopt legislation in the 1997 session to revise the Town’s occupancy tax to apply to University facilities in the Town on the same basis as the occupancy tax applies to private accommodations for transient occupancy;

2. That this legislation be prepared so as not to create a tax liability for the University under the federal tax codes; and

3. That the bill be prepared in consultation with University representatives in order to ensure that the latter objective is achieved, as well as in consultation with the Town and County.

This the 17^th day of March, 1997.

Item 2 Zoning Atlas Amendment Application for Presque Isle

Town Manager Cal Horton stated the preliminary recommendation is for the Council to deny the Zoning Atlas Amendment.

Developer Coordinator J.B. Culpepper described the request before the Council, which if approved would rezone 5.57 acres at the southwest corner of Sage and Erwin Roads from Residential-2 to Residential-5-C. Ms. Culpepper remarked that along with the request for a Zoning Atlas Amendment, the applicant has submitted an application for a Special Use Permit for a Planned Development-Housing.

Jack Smyre, of Kimley Horne, stated that after looking at the project as a whole and studying the market, they felt a detached multi-family development would be more suitable. He stated they wanted to provide a view of something other than asphalt, and the answer was to work with the land to create a bowl-shaped development. Mr. Smyre said that this area dictated a more intense urban use, which he believes supports the request for rezoning. He said what is before the Council tonight is basically the Land Use Plan which was adopted for this area in 1986. Mr. Smyre said they began to look at what had transpired in this area since 1986, which was not necessarily what the Town had envisioned. He said that on this particular site, he believes the proposed development is at its optimum level and fits in well with other neighborhoods in the area. Mr. Smyre stated that based on the zoning of sites near or abutting this property, the change in zoning is warranted. He stated this project would achieve the objectives of the Comprehensive Plan. Mr. Smyre stated they development would have a density cap of 10.8 units per acre.

Mary Reeb, speaking for the Planning Board, stated the Board had voted to recommend approval of the Zoning Atlas Amendment request, stating the justifications for the change. She commented the first is the changed or changing conditions in the area, and the second is the Housing Goals and Objectives in the Comprehensive Plan that may be served by the proposed rezoning. Ms. Reeb stated that the Board felt that land uses in this area are certainly changing, which has changed the traffic patterns. She said the increase in traffic speaks to the need for mass transit, which in turn means that more multi-family housing would bring transportation alternatives into the area.

Matt Epstein, a resident of the Windhover Development, stated he does not believe the applicant has proven his case for the zoning request. He said the proposed development is too dense, and the developer should have to abide by the rules as they stand now. Mr. Epstein said his neighborhood is a single-family one, and asked that the Council keep it that way.

Council Member Andresen asked what is currently located around the proposed development, and what is the zoning. Ms. Culpepper replied the Advent Church, the Windhover development which is adjacent to the south, Birch Meadow which is on the other side of Erwin Road , and undeveloped property on the opposite side on Sage Road, as well as Erwin Ridge which is under construction near I-40. Council Member Andresen asked where the new Lowes store is located. Ms. Culpepper indicated it is located to the east of the subject property. Council Member Andresen asked what is planned for the other undeveloped parcel. Ms. Culpepper said she understands it was acquired by Chapel Hill Bible Church, but no application is currently active.

Council Member Andresen asked if access for Sterling Ridge would be off of Sage Road. Ms. Culpepper said yes, one access would be available. Council Member Andresen asked to what degree were neighborhoods notified of this request, and if it included those within 1000 feet. Ms. Culpepper stated that all areas within 1000 feet, including most of Windhover, Birch Meadow, Covington Place, and all large property owners. Council Member Andresen asked if the pond was meant to be a feature. Ms. Culpepper answered that as part of the Special Use Permit application, the pond would be addressed.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THIS MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY.

Item 3 Special Use Permit Application for Presque Isle

Mr. Horton stated the preliminary recommendation is that the Council deny the Special Use Permit application.

Ms. Culpepper stated the application was for 60 dwelling units containing 73,600 square feet of floor area on approximately 5.6 acres of land. She said the proposed site is located on the southwest corner of Erwin and Sage Roads. Ms. Culpepper commented the applicant proposes to construct five buildings with 12 dwelling units each. She said the buildings are proposed to be placed around the perimeter of the site with a courtyard and swimming pool/recreation space in the center.

Jack Smyre, speaking for the applicant, stated they were concerned about the view from within the development, and the view from the outside of the development. He stated that the proposed development forms a protected courtyard and pedestrian area, forming a bowl shape within the triangular shape of the development. Mr. Smyre said this would present an attractive view to the public and provide a buffer for traffic noise to the residents. He said the buildings are open rectangles which will provide short glimpses to traffic driving by into the interior of the project. He said 55 of the proposed 60 units have garages, but they are placed so that they are not visible by traffic passing by. Mr. Smyre stated he needed clarification as to what the proposed Resolution C means regarding the amount of widening which may be needed, including curb and gutter. He stated that the applicant intends to provide pedestrian and bicycle access, and will rebuild the sidewalk to create an 8-foot sidewalk/bicycle path.

Mary Reeb, speaking for the Planning Board, stated that the Board recommended approval of the proposal, and supported the provision of a widened sidewalk along the Erwin Road frontage from 5 feet to 8 feet to accommodate bicycles and to provide a bike lane. Ms. Reeb stated the Board also believed that the provision of an emergency access is important, given the single point of access proposed for the 60-unit complex.

Matt Epstein, a resident of Windhover, stated that he believed zoning should be discussed as it pertained to the land, not to the development. He stated that he was concerned about the increase in traffic in this area and the affect it will have in his neighborhood. Mr. Epstein said traffic into and out of Dobbins Drive is already dangerous, and this development will only increase the problem. He asked that the Council carefully study what this development will mean to the surrounding area.

Council Member Andresen asked how the architecture related to the present Walden at Greenfields development and whether it was compatible. Mr. Horton replied that was not addressed when this proposal was reviewed. Council Member Andresen said we do have design guidelines and believes it should be studied in that context. Mr. Horton said elevation was studied. Ms. Culpepper added that a portion of this property was previously encumbered by the Special Use Permit for Waldon at Greenfields, but was abandoned some years ago.

Council Member Andresen about the permitted density. Ms. Culpepper said seventeen units per acres were permitted. Council Member Andresen asked how the pond would be dealt with. Ms. Culpepper said the Stormwater Impact Statement provided by the applicant addressed maintenance of the pond.

Scott Radway stated the location of the detention pond is in the natural low spot of the site, and the homeowners association will have responsibility for the care and maintenance for the entire area. He said this site does not fall within the watershed protection area, but does have stormwater detention requirements for the site. Mr. Radway stated they are proposing a detention pond which will preserve water quality and be attractive.

Council Member Andresen said she understands why the development is placed on the site as it is, but it means that the development will be surrounded by parking. She said she is interested in what would be seen from Erwin Road Council Member Andresen said the site plan shows parking along Erwin Road. Jack Smyre stated there was a landscaped buffer between the parking area and Erwin Road, adding that there was 44 feet of right-of-way from Erwin Road which includes the sidewalk, and a 20 foot alternative buffer which would include plantings and a brick wall structure. He said the buildings at Waldon at Greenfields are only 33 feet from the roadway.

Council Member Capowski asked if the applicant was proposing 120 parking spaces. He asked if this parking is enough for the proposed number of units. Council Member Capowski also asked what could be built at this site in terms of multi-family housing at the current R-2 zoning. Council Member Capowski stated that riding a bicycle on Erwin Road was very unsafe, and he thought that the Council needed to make Erwin Road as bicycle-safe as possible.

Council Member Evans asked if the 120 proposed parking spaces were in addition to the 55 garages. Mr. Smyre answered that the 120 spaces were composed of 55 garages and 65 additional spaces. Council Member Evans asked if the garages would be visible from the road. Mr. Smyre said no, but a short glimpse may be visible at some point when passing the development.

Council Member Franck asked whether Erwin Road was 47 feet wide. He stated he did not believe it was, which was why it was so unsafe for bicycles. Ms. Culpepper stated that adjusting the lane width would provide more safety.

Mayor Waldorf requested that when this comes back to the Council she wanted a sketch included which would show the proposed connection of Weaver Dairy Road and Sage Road.

Council Member Andresen agreed with the Mayor, adding she was interested in seeing if the pond and recreation area could be enlarged, and suggested the number of proposed units might be reduced by ten or so to provide the additional space.

Council Member Wiggins stated that although the drawings submitted show a very attractive upscale development, she was concerned that many developments around the Town were surrounded by walls.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE PUBLIC HEARING TO APRIL 10^TH. THE MOTION WAS ADOPTED UNANIMOUSLY.

Item 4 Special Use Permit Modification Request for Northern Community Park

Mr. Horton stated this proposal was to unencumber a small portion of this land so that it could be swapped with Freedom House, Inc.

Ms. Culpepper stated that the land would be swapped with Freedom House in exchange for land the Town wished to obtain to extend Stateside Drive.

Council Member Chilton commented this exchange would allow Freedom House to build an addition, funded by a grant they received jointly with Orange County from the State to be used for drug treatment. He stated that some allocation was received from HOME funds from a prior fiscal year.

Council Member Evans stated that during a tour with the United Way she had an opportunity to visit Freedom House and it was an impressive operation, meeting a number of social service needs. She commented that the Town should enhance those services and approving the swap was one way

of doing so.

Mayor Waldorf agreed, adding that the swap could be done at no cost to the Town, and the land swap would actually benefit both parties.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO RECESS THE PUBLIC HEARING TO APRIL 10^TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The meeting was adjourned at 8:20 p.m.