SUMMARY OF A PUBLIC HEARING OF THE MAYOR AND
COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, OCTOBER 21, 1997
Mayor Waldorf called the meeting to order at 7:01
p.m. Council Members in attendance were
Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão,
and Edith Wiggins. Council Member Julie Andresen was absent. Also in attendance were Town Manager Cal
Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town
Attorney Ralph Karpinos, Planning Director Roger Waldon, and Development
Coordinator J. B. Culpepper.
Item 1 - Proposed Changes to the Development Ordinance Regarding the
Resource Conservation District Regulations
Planning Director Roger Waldon provided an
overview of the seven proposed changes to the Resource Conservation District
regulations. He touched on each of
these issues and briefly described how these changes would affect the
ordinance. Mr. Waldon noted the
recommendation is for adoption of Ordinance A.
John Hawkins, representing the Planning Board,
noted that the Board raised several concerns regarding the proposed
changes. He stated that several
recommendations were made by the Board, and have been included in alternate
Ordinance B.
Jim Carter, speaking as Chair of the Chapel Hill-Carrboro
Chamber of Commerce, encouraged the Council to accept the Manager's
recommendation, which is to make no changes to the current ordinance.
Henry Whitfield agreed with Mr. Carter, noting
the current ordinance places a hardship on developers. He endorsed the Manager's recommendation.
Madeline Jefferson stated her concern that
Resource Conservation District areas be protected. She remarked that she supported some of the proposed changes but
disagreed with others, and encouraged the Council to look at this matter
closely before making any changes.
Kevin Foy spoke in favor of the proposed changes
to the ordinance. He stated his belief that these clarifying changes would make
the ordinance stronger.
Council Member Franck stated that at the time
this matter was first referred to staff he had made a recommendation that
Chapter 18 of the Development Ordinance, regarding Special Use Permit
regulations as it related to the Resource Conservation District ordinance,
especially parts that allow the Council to waive some restrictions in the
ordinance, be reviewed as to its effect on the Resource Conservation
District. He asked if the staff had any
comment. Mr. Horton replied he was not
aware that Council Member Franck had made such a request, and he would direct
staff to do so when this matter came back before the Council.
Council Member Capowski asked Mr. Waldon to
supply information on the size, in acres, of an average golf course and driving
range.
Council Member Evans said she is concerned about
the impact of changes, or more specifically, the impact of not making
changes. She said the redesign of the
golf course may improve some aspects including water quality, but if the
proposed changes make it more difficult for redesign to take place then we are
not achieving a positive purpose. She
noted another issue is that Resource Conservation Districts are more than just
creeks. Council Member Evans said there
is also an equity issue, as to whether residential areas are treated in the
same manner as commercial areas. She remarked that people living in a Resource
Conservation District are affected more by the ordinance than commercial
property. Council Member Evans said it
seemed logical that the Council allow properties that were approved before the
Resource Conservation District was put in place to remain as is, so that their
property value would remain high and not be adversely affected.
Council Member Capowski asked if a contemporary
map of the Resource Conservation District areas in Town was available. Mr. Waldon replied yes, but it is
generalized. He said some field work on
the ground needed to be completed for specific borders, which means the current
map lines may not be entirely accurate.
Mr. Waldon indicated a map would be included in the follow-up report to
the Council.
COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL
MEMBER EVANS, TO REFER THE PROPOSED CHANGES TO THE RESOURCE CONSERVATION
DISTRICT ORDINANCE TO THE MANAGER FOR A FOLLOW-UP REPORT ON NOVEMBER 13th.
Council Member Evans asked if the issues raised
by advisory boards would be addressed.
Mr. Karpinos answered yes.
THE MOTION WAS ADOPTED UNANIMOUSLY.
Item 2 - Proposed Changes to the Town's
Development Ordinance Review Process
Mr. Waldon described the current proposal made by
Ms. Dianne Bachman, Appearance Commission Chairperson. Her proposal would
create a new Community Design Commission and establish a mandatory Concept Plan
review process for major development applications.
John Hawkins, speaking for the Planning Board,
noted the Board had deferred discussion on this issue until their October 28th
meeting. He stated the Board's belief that the proposal had some merit, but
Board members expressed concern regarding the implication that this proposal
may place an unusual work load on the traditional functions of the Appearance
Commission.
Dianne Bachman, Chair of the Appearance
Commission, and speaking for the Appearance Commission and Design Review Board,
remarked that the combined Boards had unanimously approved the proposed changes.
She noted that the combined Boards felt that developers should meet with them
very early in the review process so that the developers understand exactly what
is expected, and as a result give the Town the best possible product.
Mayor Waldorf asked if the proposed ordinance
delegates the decisions regarding design and buffers to the staff. Mr. Horton said no. Mayor Waldorf replied she believes this issue
should be studied. She added she does
not believe that an advisory board should necessarily have to make those kinds
of decisions.
Council Member Evans stated the purpose of
starting this process was to achieve a better product and at the same time
achieve a faster approval process. She
commented that after five years of attempting to streamline the review process,
she had little hope of achieving that goal.
Council Member Evans asked how long it takes for an average project to
go through the entire process. Mr. Waldon
replied that from the time an application is received until approval is granted
varies for each project. He added it
might take several months just to prepare an application before it is submitted
to the Planning Department, and he had no way of knowing how long that process
might be. Mr. Waldon said staff
currently advises applicants to expect nine to twelve months from the time an
application is received by the Town until the process is completed. He noted site plan reviews generally take
about four months, from the time of application until the Planning Board
process is completed. Mr. Waldon said
the next step is the process of presenting final construction drawings and
details, which takes about three months.
Council Member Evans asked for some clarification
on the time necessary to prepare an application for submittal to the Town. Mr. Waldon commented it could take a month
for a simple development, but several months or longer for more complex
developments.
Council Member Franck said he believes this
proposal will result in better projects because review would take place much
earlier in the process. He noted that
on page 10 of the memorandum, in Section 15.5.5, broader language may be
appropriate. Council Member Franck
added that the final paragraph on page 10 should be deleted, because approval
or denial would not be recommended at that stage of the process. He requested that on page 11, Section
25.5.1, citizens not already on an advisory board, but who have earned their
experience and expertise through service on Town boards or through other means,
be added to the membership list, as citizen participation should always be
encouraged. Council Member Franck added
that if the Appearance Commission believes that the standards are such that the
staff can enforce the landscaping and sign requirements, then he would like to
have that proposal brought before the Council.
Agreeing with Council Member Franck’s remarks,
Mayor Waldorf added that this subject had been discussed many times and should
not have to go through advisory board review.
Council Member Wiggins added her agreement in
general with Council Member Franck’s comments.
She asked Mr. Waldon for clarification of the illustration on page 4 of
the memorandum. Mr. Waldon said this
version does not involve any staff evaluation, which means the application when
submitted would go directly to the Concept Plan Review Committee without any
staff review or involvement. He added
he sees this as a disadvantage, as there are some things the staff could add to
the process in the way of review.
Council Member Wiggins asked if this issue had
been raised with Ms. Bachman. Mr.
Horton responded the Council would have to resolve this issue because it could
work either way, but staff felt an obligation to bring to the Council’s
attention that problems could occur from time to time. Mr. Horton said he believes there would be
some benefit to early staff participation, because staff are most familiar with
the ordinance.
Council Member Wiggins asked if advisory boards
had staff assigned to them. Mr. Horton
answered yes, and said in this case that would be his recommendation. He added that because of the work load,
additional staff would be necessary to achieve this goal.
Mayor Waldorf noted that on page 8, Section 15.4
defines a major development proposal as one that requires or requests a Special
Use Permit or a Special Use Permit Modification, a Master Land Use Plan or a
Master Land Use Plan Modification, or a proposal for a major subdivision which
creates four or more lots. Mayor
Waldorf stated the goal was significant design review and a more streamlined
process. She asked if a Special Use
Permit Modification should be considered for this particular review
process. Mayor Waldorf remarked her
understanding was that anything brought to the Council would go through this
process. Mr. Horton replied that was
correct, but that he would not be comfortable recommending that the Council
drop Special Use Permit Modifications from this definition because sometimes
those modifications are significant. He
reminded the Council he had in the past recommended that the thresholds be
raised for major subdivisions, but the Council had made a deliberate decision
to keep it at its present level.
Mayor Waldorf said she believed the idea was to
influence design, and noted all of these issues may need to go through this
process.
Council Member Wiggins stated a strong design
review process is good for the community, but it will have budget implications
if the Manager recommends additional staff.
She stated the Council must consider the impact on the budget and give
serious thought to rearranging their priorities to reduce this potential.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL
MEMBER PAVAO, TO REFER THE PROPOSED CHANGES TO THE DEVELOPMENT REVIEW PROCESS
TO THE MANAGER FOR A FOLLOW-UP REPORT ON NOVEMBER 13th. THE MOTION WAS ADOPTED UNANIMOUSLY.
Item 3 - Special Use Permit Application for
Performance Motors
Development Coordinator J.B. Culpepper commented
that this application would expand the boundaries of the Performance Motors
Special Use Permit to include a new employee parking lot. She noted the
applicant is asking the Council for a modification to the requirements of the
Development Ordinance's Schedule of Use Regulations, which does not permit
parking as a principle use of a lot in the Neighborhood Commercial zoning
district. Ms. Culpepper noted that
Section 18.7.1 of the Development Ordinance permits the Council to make a
finding that in a particular case that public purposes are satisfied to an equivalent
or greater degree and allow specific modifications for the subject site. She noted staff is concerned about drainage
on the site, and believes the drainage pipe is not of adequate size. Ms.
Culpepper added Resolution A would require replacement of the current pipe with
a larger pipe, or some other drainage improvement.
Phil Post, speaking for the applicant, remarked
that the Performance dealership is an asset to the community with a strong
employee base, numbering over 200 employees.
He noted the applicant is aware of the drainage problem, and stated that
agreement had been reached with the neighboring southern property owner to
permit the applicant to install a 12-inch underground pipe from the parking lot
through the southern neighboring property.
Mr. Post added they are continuing to consider ways to detain additional
stormwater, and would increase the size of the existing 18-inch reinforced
concrete pipe under Legion Road to a size appropriate to handle the 10-year
storm event.
Mr. Post noted this proposed modification would
add an additional 78 parking spaces, that would be reserved for employees
only. He stated that no other traffic
or storage would be permitted on this lot.
Mr. Post commented that there are two shifts currently scheduled at
Performance, with a two-hour overlap between shifts. He indicated the traffic
congestion during this overlap, which is also the time when customers are
arriving to retrieve repaired or serviced vehicles, places a burden on the
existing lot. He stated his agreement
with the conditions noted in Resolution A, and asked for the Council's approval
of the modification to the Special Use Permit as requested.
John Hawkins, Chair of the Planning Board,
remarked the Board found the application to be legitimate and worthy of
approval. He noted the Board felt that
the applicant was pursuing a positive course for his property and should not be
forced to resolve the needs of the other nearby property owners at the
applicant’s expense. Mr. Hawkins added
the Board recommended approval of Resolution A.
Dianne Bachman, speaking for the Appearance
Commission/Design Review Board, stated the combined Boards had voted against
approval of this modification request.
She said the consensus was that lots zoned Neighborhood Commercial were
better suited for other uses, especially given the limited amount of remaining
undeveloped land in the Town that exists in this zoning district.
Henry Whitfield commented he owns property that
abuts the Performance property being discussed. He remarked his plan was that all of the property owners along
this shared property line would grant Performance an easement, adding that all
of the owners had signed an agreement to donate this easement and dedicate it
to the Town. Mr. Whitfield asked that
the drainage plan be approved and implemented as soon as possible.
John McPhaul expressed his agreement with Mr.
Whitfield, adding that he plans to purchase some nearby property from Mr.
Whitfield and believes this plan would solve the drainage problems.
Council Member Capowski remarked that this is a
12-acre site and believes there are more than the reported 148 parking spaces
on that lot. He asked Mr. Post to
report to the Council the total number of parking spaces currently on the lot. Regarding stormwater runoff, Council Member
Capowski noted this is a major vehicle repair site and asked the staff if there
are currently problems with contaminated water coming from the site. Ms. Culpepper answered none had been
reported, but she would research the issue further. Council Member Capowski asked the staff to report on the total
impervious surface of the site.
Council Member Evans asked Mr. Post to comment on
the time of day the proposed new lot would be in use. Mr. Post answered the highest usage would be between 7 a.m. and 5
p.m. with some nighttime use, and no use on Saturday and Sunday.
Council Member Wiggins commented she would like
to see something that clearly shows the landscape and buffer and how the
property will look with the trees and buffers added. Mr. Post said he would provide a drawing to the Council.
Council Member Wiggins said she often travels
this area and had noticed two new developments in the area. She asked if it would be possible that when
looking at projects, other projects proposed nearby could be highlighted so
that the Council would know what is happening in the area. Mr. Horton said he would provide that
information when this item comes back to the Council, as well as for future
projects.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL
MEMBER PAVAO, TO REFER THE PERFORMANCE MOTORS APPLICATION FOR A SPECIAL USE
PERMIT MODIFICATION TO THE MANAGER FOR A FOLLOW-UP REPORT ON NOVEMBER 13th. THE MOTION WAS ADOPTED UNANIMOUSLY.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL
MEMBER CHILTON, TO ADJOURN THE PUBLIC HEARING.
THE MOTION WAS ADOPTED UNANIMOUSLY.
The public hearing stood adjourned at 8:52 p.m.