SUMMARY OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 16, 1997

AT 7:00 P.M.

Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavao and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Public Works Director Bruce Heflin, Town Engineer George Small, Planning Coordinator Jennie Bob Culpepper and Town Attorney Ralph Karpinos.

Update on status of Hudson-McDade House Relocation

Tom Heffner provided a brief update on the status of efforts to relocate the Hudson-McDade house from the University Baptist Church property. He noted that discussions continued on a number of issues including personal liability matters and options for relocating/rebuilding the house. Council Member Andresen inquired whether or not it was normal for individuals to assume liability in situations of this type. Mr. Heffner said this was not unusual. He stated that the church simply wanted someone to be liable, in the event that something went wrong. He stated that the major outstanding problem was the broad scope of unspecified liability concerns.

Mayor Waldorf informed Mr. Heffner that she had spoken with Gordon Brown, the Church’s attorney, who had agreed to have a meeting within the next few days. Mr. Heffner said he looked forward to discussing outstanding matters of concern.

Public Hearing on Special Use Permit Applications for the Neville Tract

Parties wishing to testify in the matter were sworn.

Mr. Horton presented an overview of the request, noting that the request was for the removal of earth to be used at the adjacent landfill site. He said once the earth was removed, the land would be revegetated and returned to its owners.

Speaking as regulator, Ms. Culpepper briefly outlined proposed special use permit stipulations. She said that a key issue was the lack of landscape buffering on the south and east edges of the property. Ms. Culpepper said that staff recommended approval of the special use permit with the addition of a thirty-foot buffer on either the Neville or Greene tract.

Planning Board Chair John Hawkins said that the Board had voted seven to two in favor of the proposed special use permit request. She said that Board members voting “no” felt that the location was inappropriate because the site would perpetuate the use of the area as a landfill. He said another Board member took issue with using the Greene tract to satisfy the buffer requirements. In summary, Mr. Hawkins said that the Board found the proposal to be a sound one.

Ms. Loewenthal explained that this special use permit was somewhat irregular because it was actually not required by the Development Ordinance. She noted that the Landfill Owners Group had met with the Neville tract neighbors and identified twenty-three points which needed to be addressed. Recording of the Special Use Permit would be a way of specifying and retaining the will of the Council regarding many of these issues. Ms. Loewenthal also briefly reviewed drainage and buffering plans for the Neville tract.

Council Member Andresen requested additional information about what would happen to the Neville tract after soil was removed. Ms. Loewenthal said although the reclamation plan was not finalized, the Town’s obligation was to grade and revegetate the land so that there would be no harmful runoff or erosion.

Council Member Capowski requested additional information about the noise levels of earth moving equipment. Stating that the noise from these machines was substantial, Ms. Loewenthal noted that this machinery would only need to be used three or four times during the next eight years. She also suggested that the hours of operations might be limited in order to respect the tranquillity of neighbors as much as possible.

Referencing a creek in the northwestern corner of the property, Council Member Evans inquired whether or not it would be possible to acquire an easement for a greenway after reclamation was completed. Ms. Loewenthal said after the excavation was completed, it would be up to the property owner could determine how the property might be used.

Project engineer Bruce Ballentine reviewed the proposed drainage and sedimentation plans for the site. He noted that special care had been taken to meet environmental standards, including the Town’s Resource Conservation District regulations. Mr. Ballentine asked that the requested buffering be located on the Greene tract so that sufficient earth needed for landfill operations could be extracted. He said if the recommended buffering standards were implemented, there would be a net loss of 20,000 cubic yards of landfill ground cover. He also said that a 30’ greenway easement would be possible along the creek.

Council Member Evans reiterated her support for a thirty-foot easement along the creek. Council Member Evans inquired whether or not the Town would have to pay for any groundwater contamination due to excavation. Stating that no wells had been tested beyond 2,500 feet, Mr. Wilson said the wells lists had shown only volatile organics which were unrelated to excavation. He noted that if any problems occurred due to excavations, the Town would be responsible for correcting such problems. Council Member Evans asked whether or not there were other examples of a situation in which a local government had required a buffer between two parcels of land owned by the same party. Ms. Loewenthal said although she and the planning staff believed there were some precedents, they were unable to cite any instances.

Mayor Waldorf requested additional information about the proposed hours of operation in conjunction with noise concerns. She also inquired whether or not there would be any salvageable timber on the land. Responding to the noise concerns, Mr. Ballentine reiterated Ms. Loewenthal’s response that clearing would be done using chunks of time, rather than continuously. Mr. Ballentine stated that any salvaged timber would be used to construct a pole barn for housing the landfill equipment.

Council Member Brown requested that an environmental assessment requirement be included in the proposed conditions of approval. Mr. Horton said staff could add such a stipulation in the proposed resolution.

Council Member Wiggins inquired about dust generation relative to earth moving and removal. Mr. Wilson said that landfill staff had a significant amount of experience in dust management.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE PUBLIC HEARING UNTIL JULY 7^TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Phi Gamma Delta Fraternity House Request for Special Use Permit

Parties wishing to testify in the matter were sworn.

Ms. Culpepper said that the fraternity was requesting a special use permit to rebuild their house which burned in a tragic fatal fire on Mother’s Day, 1996. Ms. Culpepper said that the applicant was requesting continuation of the current method of side-loading for refuse collection, while the Town was recommending a front-loading container to be shared with a neighboring property. Ms. Culpepper also said that the applicant was requesting that there be no parking on site. She stated that the Town was recommending the construction of an eight to ten space parking lot behind the reconstructed house. Ms. Culpepper said that staff was recommending adoption of Resolution A, including stipulations requiring front-loading refuse collection, an 8-10 parking lot and submittal of a transportation management plan.

Planning Board Chair John Hawkins said that the Board had reviewed the application and found the proposed house to be a responsible and faithful reproduction of the former house, with a few subtle changes to satisfy efficiency and safety concerns. Mr. Hawkins noted that the Board recommended continuation of side-loading, rather than front-loading refuse collection and did not recommend construction of eight to ten parking spaces as recommended by Town staff.

Jim Earnhardt, an alumnus of the Phi Gamma Delta fraternity, presented diagrams of the floor plan and the exterior of the building. Mr. Earnhardt said he had been asked to recreate the house with no external changes, while making the interior safer and more efficient. He briefly described proposed changes in the house’s interior, including adding small wings added on either side of the house, relocating stairs and adding an elevator and sprinkler system. Mr. Earnhardt also said he was attempting to preserve greenspace in the front and back of the house.

Council Member Evans inquired about the number of current members in the fraternity. Mr. Earnhardt said about thirty-five. Council Member Evans asked whether members ate meals at the house. Mr. Earnhardt said this was correct. Council Member Evans inquired how soil contamination would be handled if it were found to be a problem while removing the underground fuel out tank. Mr. Earnhardt said he would rely upon the advice of experts in this regard. Council Member Evans asked whether the fraternity would be responsible for any damage to sidewalks during construction.. Mr. Earnhardt said that the fraternity would be responsible for repairing any such damage. Council Member Evans asked whether or not screening would be provided for the dumpster. Mr. Earnhardt said that screening could be provided if required by the Council. Council Member Evans asked whether there was a place for bicycle parking. Mr. Earnhardt said that although there was a side covered porch, there were no actual bicycle racks.

Council Member Capowski expressed a desire in the development of a memorial for the five young people killed in the Mother’s Day, 1996 fire tragedy. Council Member Capowski also said something needed to be done to address refuse problems in this area. Mr. Earnhardt said that although the fraternity would be willing to comprehensively address the problem, he felt that refuse problems existed at a number of locations in the area.

Council Member Brown requested a clarification regarding front versus side-loading refuse collection. Council Member Brown also expressed her support for requiring an annual transportation management report as a condition of approval. Mr. Horton said the latter could be made a condition of approval. Public Works Director Bruce Heflin stated that a side-loading truck would need to back out of the alley on to Cameron Avenue, creating potential safety conflicts with cars, bicycles and pedestrians. He added that side loaders were difficult to repair or replace. Mr. Heflin said that Chapel Hill was the only community in the state which continued to operate side-loading refuse vehicles. He said that front loading trucks were larger, more efficient, were safer and required fewer trips to the landfill.

Council Member Brown inquired whether or not there had been any formal discussions between area fraternity houses about joint refuse collection. Mr. Earnhardt said there had been no formal discussions on this matter. He added that the Kappa Alpha fraternity would lose an existing basketball court and another fraternity would lose a small corner of its lot if the refuse collection plan proposed by the Town were implemented. Mr. Earnhardt said he support would be development of a service road to Franklin Street. Noting that this possibility had been explored, Mr. Heflin said that Granville Towers would not permit access to their parking lot and fraternities were not willing to finance such a service road/alley connection.

Mr. Heflin said an alternative route along the back of many fraternities in the area would improve recycling and garbage collection options as well as delivery and emergency access. Noting that some funding from fraternities would be required, Mr. Heflin stated that staff could prepare a cost estimate for this alternative. Council Member Brown said she supported this idea as long as the fraternities were willing to consider this option. Mayor Waldorf suggested that Ron Binder, the University’s Liaison for Greek Affairs, be contacted and approached with this idea. Noting that the Town would benefit from this approach, Mr. Horton said Town funds might be used to assist with a portion of the project.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE HEARING TO JULY 7^TH AND REQUEST THE STAFF TO PREPARE A FOLLOW-UP REPORT ON OPTIONS REGARDING SERVICE ALLEY OPTIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Special Use Permit for Addition to the Sigma Sigma Sigma House

Persons wishing to testify in the matter were sworn. Development Coordinator Jennie Bob Culpepper said the proposal was to expand the Sigma Sigma Sigma house by 2,000 square feet for a total square footage of 10,400 square feet. Noting that the house was located in an R-6 zoning district, Ms. Culpepper said although homes were limited to square footage of 5,200 square feet, the house was built before this zoning was in place. Ms. Culpepper said that staff was recommending the provision of 45 additional parking spaces, of which nine to eleven spaces would be located on site. She said that staff recommended adoption of Resolution A, including a transportation management plan.

Weezie Oldenburg, the applicant’s representative, said that the existing kitchen and dining area in the house were not large enough to accommodate all residents at one sitting. She stated that the proposed additional rooms would generate more income for taxes, debt service, maintenance and amenities for the members. Stating that there had been recent discussion about increasing zoning density in the downtown area, Ms. Oldenburg said that this project would be consistent with this objective. Referencing the parking situation, Ms. Oldenburg said that the size of the existing lot made it impossible to allow for required parking spaces. She added that the sorority encouraged the use of transportation alternatives including bicycles, carpooling, mass transit and walking. Ms. Oldenburg briefly reviewed the proposed landscape and buffering plans.

Council Member Brown said it was important that the transportation management plan for the sorority be kept up to date on an annual basis. Mr. Horton said that a stipulation could be added to the conditions of approval to require a transportation management plan.

Planning Board Chair John Hawkins briefly reviewed the Board’s discussions regarding streetscape requirements for the sorority expansion. He also said that the Board recommended having a low brick wall to define the sidewalk edge in front of the house.

Mr. Hawkins said that the one dissenting Planning Board member felt there was a need for more detailed information about parking alternatives and accommodations.

Responding to the proposed conditions of approval, Ms. Oldenburg requested that the applicant be permitted to provide pavers which would match the surrounding area and be allowed to have a fire lane on the other side of a drive across from parking spaces. Ms. Oldenburg said she felt that the cost of removing the large ailing oak tree in front of the house was somewhat punitive and this money could be used more effectively to pay the cost of a required fire sprinkler system. She also requested additional information about how to control event parking relative to the required transportation management plan.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO RECESS THE PUBLIC HEARING UNTIL JULY 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Howell Street Right-of-Way Closure

Town Engineer George Small presented an overview of the Town’s procedures for right-of-way closures. Noting that staff recommended approval of the right-of-way closure request, Mr. Small said that the utility and drainage easements would be maintained to permit the Town and the Orange Water Sewer Authority (OWASA) access to the area, if needed.

Tim Kirpsy, 201 Howell Lane, inquired whether the proposed right-of-way closure would encroach into existing greenspace in the area. Mr. Small noted that the utility and drainage easements referenced earlier would prohibit the construction of any structures in the greenspace referenced by Mr. Kirpsy.

Council Member Franck inquired whether or not this proposed closure would cut off any access for the parcel owned by the Neville and Haskins families. Mr. Small said he believed that there was another access. Mr. Small said he would confirm this by the time of the continuation of the hearing. Council Member Franck requested a clearer, more inclusive map of the area in the follow-up materials.

Mr. Mills, one of the property owners applying for the closure, informed the Council that the reason for this request was to accommodate a required setback to build two two-story, multi-family passive/solar units.

Council Member Andresen inquired about the stormwater management plan for this parcel. Mr. Mills said that water flowed toward a creek and that no changes would occur in this regard. Mr. Mills said he could develop a more satisfactory and complete answer by talking to the project’s architects and engineers.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE HEARING TO JULY 7^TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

THE MEETING CONCLUDED AT 9:07 p.m.