MINUTES OF PUBLIC HEARING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JUNE 15, 1998 AT 7:00 P.M.

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

Council Members in attendance were Flicka Bateman, Joyce Brown, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavao and Edith Wiggins. Mayor pro tem Joe Capowski was absent excused. Also in attendance were Town Manager Cal Horton, Town Attorney Ralph Karpinos, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Long Range Planning Coordinator Chris Berndt, Development Coordinator J.B. Culpepper, Engineering Director George Small, Planning Director Roger Waldon, and Deputy Town Clerk Joyce Smith.

Item 1 Presentation of Award

Nicholas Didow, Chairman of the Chapel Hill/Carrboro Board of Education thanked Mayor Waldorf, Mr. Horton, Town officials and staff for being mindful of the interests and the needs of public schools. He noted that the Town had donated school sites, developed after-school programs, and co-located schools and parks to increase the educational and recreation assets of the community. Pointing out that that the proverb “it takes a village to raise a child” assumes that the village elders have the heart, mind, and fortitude to do the right thing in partnership with each family and child in the village, Mr. Didow stated that the Council has repeatedly done this in partnership with the Chapel Hill-Carrboro City schools. Mr. Didow presented a commemorative plaque of appreciation to the Council.

Chapel Hill-Carrboro Schools Superintendent Neil Pedersen said that the Town had cooperated with the schools in times of crisis, such as clearing streets during snowstorms and hurricanes so that schools could reopen. Dr. Pedersen added that he appreciated the way that Town staff, particularly the Police and Fire Departments, during a recent tragic incident at Culbreth Middle School.

Mayor Waldorf and the Council thanked the Chapel Hill-Carrboro City Schools for the plaque of appreciation and for their continuing cooperative efforts with the Town.

Item 2 Proposed rezoning of Cameron-McCauley Historic District

and the Northside Conservation Area

Mayor Waldorf recognized the Town Manager and the Planning Director to introduce the topic. Mr. Horton stated that the Town would present the key points before the Council and then introduced Mr. Waldon to make the presentation

Planning Director Roger Waldon explained that the rezoning proposal was for properties in the Cameron-McCauley and Northside areas. He presented a brief overview of the proposal, including a review of the Council’s options. Mr. Waldon noted that a protest petition submitted by an owner of two properties in the Cameron-McCauley historic district had been reviewed and found to be legally insufficient.

Mayor Waldorf noted that Council Member Brown had asked Town staff to clarify some points before the Council received public comments. Referencing an anonymous flyer distributed throughout the community, Council Member Brown asked Town staff to correct inaccuracies and errors in the flyer.

Mr. Waldon stated that many comments in the flyer attributed to the Town’s Planning Department were not accurate, and added that some of the statements in it were rather global. Mr. Waldon said he did not believe it was true that rezoning to R-1 would make almost every property in the area into non-conforming structures. Mr. Waldon said that although rezoning to R-1 would make most of the lots in these areas non-conforming because they were smaller than 17,000 square feet, the impact of a non-conforming situation was property-specific, and the level of impact which a non-conforming property had depended on the nature of the property. He noted that permission to enlarge or add on to an existing home would be reviewed on an individual case basis.

Planning Board Chairman John Hawkins stated that the Board had voted 5-1 to not recommend adoption of revisions which would rezone these neighborhoods. He noted that the Board opposed rezoning because of the disruption which the creation of large numbers of non-conforming properties would create.

Mr. Hawkins said the Board questioned the need for such strong action in the absence of a substantial amount of the type of development that rezoning was intended to prevent. Mr. Hawkins noted that the Planning Board recommended adopting a broader initiative, rather than expending energy on temporary measures which might not prove effective. Mr. Hawkins also noted that zoning might not be as effective in dealing with development pressures as other options, such as licensing of rental properties.

Catherine Frank, a Cameron-McCauley resident representing the Historic District Commission, said that the Commission had voted unanimously to recommend a temporary zoning of R-2 while a neighborhood conservation overlay district was drafted and implemented.

Branson Hobbs, President of the Chapel Hill Preservation Society, stated that the Preservation Society supported interim zoning for a limited period of time while zoning-related concerns were reviewed.

Katie Eyre, a Cameron-McCauley resident, presented a slide show documenting various properties and development projects which would be negatively affected by R-1 zoning. She suggested that the current zoning designations worked well and stressed that rezoning to R-1 would prevent many necessary real estate improvements. She urged the Council to proceed with an update of the Town’s Comprehensive Plan, including a Town-wide review of zoning designations.

Jerry Sharpe, a Cameron-McCauley resident, stated that he and his wife had invested about $2 million in seven properties in the Cameron-McCauley neighborhood. Mr. Sharpe said that he and his wife were committed to preserving the quality of life in their neighborhood by reducing the density of people in individual buildings.

Erle Peacock read a statement written by Dr. J. T. Dobbins, a Cameron-McCauley resident, asking the Council not to impose R-1 zoning on his two-acre lot, which he noted was surrounded by fraternities, dormitories, offices, a parking lot, and UNC’s 50-foot right of way for its power plant and tunnel. Dr. Dobbins’ noted that the present R-3 zoning was already inappropriate for his land and that the R-1 designation would be worse. He pointed out that his rectangular lot was bordered on four sides by denser zoning and that changing to R-1 would severely limit his future options.

R. D. Smith, a resident of the Northside conservation area, stated that even temporarily instituting R-1 zoning would be too restrictive because it would prevent property owners from rebuilding after a fire. He asked the Council to consider overlay zoning and a moratorium for six months. Mr. Smith suggested that the Council follow the Planning Board’s suggestions and find a reasonable solution to the problems of Northside’s residents. Mr. Smith also requested an ordinance to reduce amplified music in the Northside community.

Kenneth Mann, Jr., a Northside resident and owner of eighteen properties in Northside, listed a number of instances where the Town had treated his neighborhood unfairly. He stated that the institution of R-1 zoning was an attempt to take land away from Northside residents. Mr. Mann said that R-1 zoning would make the land worthless and suggested that speculators might then buy it cheaply and then get the zoning changed to a higher density in the future.

Glennis E. Jones, II, a Northside resident, asked the Council not to take a chance on R-1 zoning because many residents could lose their homes, and because there were too many questions and other intangibles. Mr. Jones asked the Council to support the Manager’s recommendation and search for solutions which would benefit the entire neighborhood.

Melissa Dewey, a Cameron-McCauley landowner, explained that she and her fiancé had bought a lot in the Cameron-McCauley Historic District with the intention of building a house on it when they got married. She explained that their entire life savings went toward buying the lot and that they had taken out a large loan to pursue their dream. Ms. Dewey noted that rezoning to R-1, or even R-2, would prevent them from building if they were not able to secure a zoning variance. She asked the Council to consider grandfathering, if it proceeds with the proposed rezoning, so that residents would be able to subdivide their properties in the future.

Mary C. Jones, a Northside resident, said that she opposed rezoning because it would put her four-room house in non-conforming status. Ms. Jones expressed concern that she would not be able to add rooms to her home if the proposed rezoning to R-1 were approved.

Glenda D. Jones, a Northside resident, acknowledged that R-1 zoning would put her home in the non-conforming status, which she believed would ultimately lead to its elimination in the future. Noting that “conservation” meant preserving from harm or decay or loss or being used up, Ms. Jones stated that rezoning to R-1 would not conserve the Northside area. Ms. Jones also said that she opposed rezoning to R-1 because it would destroy her family home, destroy her mother’s dream, destroy visible signs of the neighborhood as she had known it, and destroy the prospect of raising children in her family’s tradition.

Estelle Mabry, a Northside resident, stated that most of the houses in Northside would be too close to the street under R-1 zoning because they were generally built with land at the rear of homes. She explained that the neighborhood was trying to come up with equitable answers to problems and that rezoning was not a good solution. Ms. Mabry invited the Council to take a walking tour of the Northside neighborhood and then meet with area residents to discuss potential solutions.

Velma Perry, a Northside resident, pointed out that most Northside houses would not conform to square footage and setback standards if rezoning to R-1 were approved by the Council. Ms. Perry pointed out that Northside was becoming less affordable because developers had been buying properties and converting them for student housing. She suggested that the Council make a new zoning category which would protect Northside from additional duplexes and rooming houses while preserving the neighborhood’s character.

Lillian P. Cannon, a Northside resident, asked the Council to resist downzoning the Northside community to R-1 because it would mean that senior citizens could not build any more homes in the area. Ms. Cannon also said she concurred with her neighbors’ remarks and wanted to give the balance of her time to her brother, Alfred C. Perry, a Raleigh resident.

Pauline Grimson, a Cameron-McCauley resident, suggested that the Town undertake a neighborhood conservation overlay study. Ms. Grimson said that she supported interim zoning for a finite amount of time while other options were being discussed. Ms. Grimson also stated that some problems could be solved by licensing rental properties and instituting minimum code requirements for these properties.

Woody Claris, a Northside property owner, explained that he bought one of the largest existing non-developed pieces of property in the Northside community in 1981. Mr. Claris stated that over the last 17 years the property value had gone down due to rezoning. Mr. Claris argued that building duplexes and multi-family units was sometimes the best and most efficient use of land, and pointed out that such units could conform to the character of homes in the neighborhood. He inquired whether the Town wanted to provide affordable housing or not, and noted that Northside was one of the last places in Town where this could be done.

Cynthia Edwards Paschall, a Northside resident, stated that R-1 zoning would not benefit her neighborhood at all because no one would be able to rebuild if existing buildings burned down. She also expressed concern that expansions would only be permitted on a variance basis.

James Ingram, a Cameron McCauley property owner, expressed puzzlement about the proposed R-1 zoning. Noting that a proposed moratorium had been rejected by the Council, Mr. Ingram stated that R-1 zoning was, in effect, a moratorium and should therefore not be raised again. Mr. Ingram said that it would be grossly unfair and essentially a confiscatory tax.

David Rankin, a Northside resident, stated that although he was glad to have a dialogue regarding the problems of increased density and parking problems resulting from student rental housing, he did not want to see Northside residents penalized for these problems. Mr. Rankin said he opposed any development which used existing Northside lots and infrastructure to increase profit rather than as affordable properties for families to improve their quality of life. Mr. Rankin expressed confidence that the Council and Northside Community could work together and find a common sense solution.

Edwin Caldwell Jr., a Northside resident, stated that the Northside and the Cameron-McCauley neighborhoods were so different that it was not possible to come up with one solution for the problems of both neighborhoods. Mr. Caldwell suggested creating individual neighborhood plans for each area. Mr. Caldwell also reminded the Council that the Town once resisted putting paved streets in Northside because the roads were too narrow and the houses were too close to the streets. Noting that the Council found a way to do this, he expressed confidence that the Council would also solve the current problems.

P.H. Craig, a professional property appraiser, said he owned properties in the vicinities of the Northside and Cameron-McCauley neighborhoods. Mr. Craig said that hundred of people would be impacted by very serious problems if R-1 zoning were implemented in the two neighborhoods.

Alfred C. Perry, a Northside property owner, emphasized that many Northside residents had owned their property for generations. Mr. Perry said it was unfair to institute zoning which would prevent residents from adding rooms to their homes or replacing property if it were destroyed by fire. Mr. Perry also stated that Northside families had maintained their inherited property to benefit the Town in general. He urged the Council to not pursue the idea of rezoning to R-1 zoning.

Maria Ikenberry, a Northside resident, stated that the Council could not legislate neighborhood character and she did not know of any existing format for solving Northside’s problems. Stating that her own home served as a co-op arrangement, Ms. Ikenberry stated that not all rental housing and cooperative housing arrangements were bad.

Pat Oglesby, a Cameron-McCauley resident, stated that the Cameron-McCauley and Northside communities probably needed different rules to address their unique concerns. Mr. Oglesby suggested creating a ratchet rule which would prevent decreasing the amount of square footage belonging to each property owner.

Mayor Waldorf briefly explained that the rezoning issue stemmed from the Council’s concerns about the future of the Northside neighborhood including concerns expressed by speakers this evening. She suggested that the Council consider leaving the Northside neighborhood as a conservation area with its current zoning remaining intact. Mayor Waldorf also noted that the Council wanted to work with neighborhood residents in maintaining Northside’s unique historical character.

Council Member Brown noted that although the Council had asked for a staff report on R-1 zoning, the Council had also asked for a report on other appropriate zoning categories as well.

Council Member McClintock said the Council wanted to work closely with residents of the Northside and Cameron-McCauley neighborhoods to preserve the character of both communities. Council Member McClintock requested that staff explain the differences between the Northside Conservation District and the Conservation Overlay District in Raleigh.

Mr. Waldon explained that the Council had previously commissioned two studies -- one each for the Cameron-McCauley and Northside neighborhoods. Mr. Waldon said the studies concluded that both of these neighborhoods could be designated as historic districts. Mr. Waldon stated that the predominant reaction at public hearings from property owners and residents of Cameron-McCauley was positive, while many Northside residents were concerned about some of the aspects of historic district designation. Mr. Waldon said in light of this, the Council had designated the Northside neighborhood as a conservation area in the Town’s Comprehensive Plan. He noted that the City of Raleigh’s model created individual neighborhood plans and standards in a collaborative effort between the City and neighborhood residents.

Council Member McClintock said she was interested in learning more about special overlay districts. She requested that Town staff prepare a follow-up report regarding conservation districts and their possible use for protecting the character of some of the Town’s neighborhoods.

Council Member Bateman suggested that the Council give Northside residents peace of mind by stating that their neighborhood would be exempt from future discussions about rezoning. Council Member Bateman also said that although she supported investigating the City of Raleigh’s neighborhood conservation plan, she felt it was very important that neighborhoods, not the Council, decide what was best for neighborhoods in this regard.

Council Member Evans noted the need for good comprehensive planning, and pointed out that neighborhood residents should decide what they wanted and incorporate this into the Town’s Comprehensive Plan. Council Member Evans stated that movement on the Comprehensive Plan had been delayed for four years and that problems such as this one were beginning to take their toll. Council Member Evans said that she supported Mayor Waldorf’s suggestion to discontinue the idea of rezoning. She also noted the importance of moving ahead with the Town’s comprehensive planning process as soon as possible. Council Member Evans said some potential solutions to problems included the licensing of rental properties or having standards based on the number of bedrooms, rather than the number of units.

Council Member Foy stated that he had found this evening’s public hearing to be very useful. Council Member Foy said that it was not the Council’s intent to impose R-1 zoning on either the Cameron-McCauley or Northside neighborhoods. Council Member Foy said the Council’s wanted to preserve the character of the Town’s neighborhood through the Town’s Comprehensive Plan process. Council Member Foy said it was very important to undertake a prompt inventory of the two neighborhoods in order to establish neighborhood-specific policies and standards as part of the Town’s Comprehensive Plan.

Council Member Wiggins thanked all of the concerned residents for attending this evening’s hearing. She stated that there had been many excellent suggestions this evening, such as counting bedrooms rather than units and preserving the physical character of the neighborhood through design specifications. Council Member Wiggins also encouraged Town residents to remain involved in the Town’s neighborhood planning processes.

Council Member Brown inquired whether or not the Council was interested in referring the matter back to Town staff. Council Member Brown said although she was not interested in rezoning of the neighborhoods to R-1, she was interested in bringing citizens into the planning process as soon as possible.

Mayor Waldorf suggested that the Historic District Commission work with interested residents of the Cameron-McCauley neighborhood regarding the citizen’s community character related concerns. She also suggested that the Planning Board could designate a few members to work with this group.

Council Member Wiggins suggested that the Planning Department designate a staff person to work with the Northside Neighborhood Association regarding their concerns. Mayor Waldorf expressed her concurrence with this suggestion. Mr. Mann requested that the Council officially announce its intent not to pursue R-1 rezoning in the Northside neighborhood.

Council Member Bateman moved that the Town not apply R-1 zoning to the Northside Conservation District or the Cameron-McCauley Historic District. Mayor Waldorf noted that Council Member Bateman had included the Cameron-McCauley neighborhood in her motion. Council Member Bateman said she believed this was consistent with Council Member Brown’s wishes. Council Member Brown said that she did not mean zoning per se, but had wanted to begin bringing more citizens into the process to express their wishes.

Council Member Evans noted that the proposed motion still left R-2 and R-3 zoning available as options. She suggested that the motion be restated stating that the Council would not unilaterally rezone these areas. Council Member Bateman said that even though she did not want to apply any zoning to the Northside Conservation District, the Council had not heard from enough of the Cameron-McCauley Historic District residents to rule out all potential rezoning options.

COUNCIL MEMBER BATEMAN MOVED, SECONDED BY COUNCIL MEMBER PAVAO, THAT THE TOWN NOT APPLY R-1 ZONING TO THE NORTHSIDE CONSERVATION DISTRICT NOR THE CAMERON McCAULEY HISTORIC DISTRICT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Bateman moved that the Town not apply other changes in zoning to the Northside Conservation District. Council Member Foy inquired about the proposed term of this action. Mr. Karpinos explained that the Council had just voted not to rezone the property. He stated that it would have to start a new proceeding, with notices and public hearings, if it wanted to rezone the neighborhoods and pointed out that that option was always available to the Council with respect to anyone’s property in the Town. Mr. Karpinos then advised the Council that there were not any more motions which needed to be made to conclude the rezoning proceeding. Council Member McClintock asked whether other options, such as the Raleigh model, had been eliminated by the Council’s previous vote. Mr. Karpinos explained that the Council would need to restart the process, including possible consideration of the City of Raleigh’s model.

Council Member Brown moved that the Council table discussion of any other suggestions regarding this matter until after the Council’s summer recess. Mayor Waldorf pointed out that there were no other motions on the floor. Mayor Waldorf stated that Council Members always had the option to raise issues at any time. Mayor Waldorf inquired whether Council Member Brown was attempting to clarify that the Council would not take any action on this matter in the near future. Council Member Brown said although it appeared that the majority of the Council was not interested in proceeding in the near term, she favored an examination of how to proceed.

Council Member Bateman explained that she had made her motion in an attempt to address the rezoning concerns of Northside residents. Council Member Bateman said she supported the idea of committees beginning work on plans for the two neighborhoods.

Council Member Evans said it was important to begin work as soon as possible on developing plans for the Cameron-McCauley and Northside neighborhoods.

Council Member Foy moved to implement Mayor Waldorf’s proposal to have the Historic District Commission and the Cameron-McCauley neighborhood work together on the development of neighborhood plans. Mayor Waldorf suggested that Town staff conduct a few preliminary meetings to see what they could glean from the City of Raleigh’s model and then report back to the Council in the future. Council Member Brown suggested that a time limit be placed on such a process. Council Member Foy suggested that Town staff report back to the Council by September. Council Member Evans pointed out that a September deadline would be difficult because of summer vacation schedules. She suggested having meetings after people return for the school year. Mayor Waldorf suggested October 1st, and noted that the Council would merely be asking for a status report, which could be oral, by this deadline.

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVAO, THAT THE COUNCIL ASK THE HISTORIC DISTRICT COMMISSION TO MEET WITH RESIDENTS OF THE CAMERON-McCAULEY NEIGHBORHOOD TO DISCUSS GOALS AND CONCERNS FOR THE FUTURE OF THEIR NEIGHBORHOOD AND PRESENT A PRELIMINARY REPORT TO THE COUNCIL BY OCTOBER 1, 1998. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Brown suggested having An advisory board or commission, rather than a staff person, work with residents of the Northside neighborhood. Council Member Evans suggested the possibility of the Planning Board. Council Member McClintock expressed her concurrence with this suggestion.

Mayor Waldorf suggested asking the Planning Board to meet with representatives of Northside neighborhood for a general discussion of the community’s goals and concerns

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVAO, THAT THE COUNCIL ASK THE PLANNING BOARD TO MEET WITH NORTHSIDE CONSERVATION DISTRICT RESIDENTS TO DISCUSS THEIR GOALS AND CONCERNS FOR THE FUTURE OF THEIR NEIGHBORHOOD, WITH A FOLLOW-UP REPORT TO THE COUNCIL BY OCTOBER 1, 1998. THE MOTION WAS UNANIMOUSLY ADOPTED (8-0).

Council Member Wiggins said it was ironic that the Council had recently chosen not to appoint a capable and concerned resident of the Northside community to the Town’s Planning Board. Council Member Wiggins said it was important for the Council to act on its ideals and include members from all segments of the Town’s population in various activities such as appointments to boards and commissions.

Item 3 Preliminary Plat Approval Application

for the Glenbrooke Cluster Subdivision.

Persons wishing to testify regarding the application were sworn.

Ms. Culpepper presented the staff’s overview of the proposed project, noting that the staff’s preliminary recommendation was the adoption of Resolution A.

John T. Hansen, the applicant, reviewed his plan to subdivide the Duncan property into twenty-four lots in an area which was zoned R-1 and had a permitted density of thirty-one dwelling units. Mr. Hansen stated that the proposed homes would be sold in the range of $190,000 to $230,000 each. Mr. Hansen expressed his agreement with all of the proposed stipulations and conditions of approval, excepting the requirement for a connector road, which he believed would increase traffic, encourage high-speed driving, and require the clearance of an existing natural buffer.

Mr. Hansen stated that neither the Town’s Development Ordinance nor its Design Guidelines required two points of access in subdivisions having fewer than twenty-six lots. Mr. Hansen said that connecting Glenbrooke to Foxhill was not necessary for the orderly development of any of

the other nearby properties because they were all single-family residences which would not be connected to Foxhill. He also stated that there were many other well-functioning, safe cul-de-sacs in the Town.

Mr. Hansen also noted that the Town had asked for a 75-foot right-of-way, when the State of North Carolina only required seventy feet. He requested that this stipulation be revised to seventy feet. Mr. Hansen also said he was willing to make a reasonable payment-in-lieu for sidewalks and bicycle paths, rather than being required to make these specific improvements.

Keith Strickland, the project’s traffic engineer, supported Mr. Hansen’s assertion that traffic generated by the build-out of twenty-four lots would be relatively minor compared to the amount of traffic on Rogers Road. Mr. Strickland stated that there would be only seventeen vehicles exiting during peak morning hours and that the intersection would continue to operate at an acceptable level of service. Mr. Strickland concluded that the proposed cul-de-sac would not have a significant impact on traffic.

Planning Board Chair John Hawkins said that the Planning Board had voted 4-1 to recommend approval of the project with conditions, such as stub-outs to Foxhill. Noting that the applicant had made a convincing case that the ordinance did not specifically require this measure, Mr. Hawkins explained that the majority on the Board felt that the spirit of the goals of the Comprehensive Plan would be met by connecting the two subdivisions. Mr. Hawkins also stated that the connection would not only facilitate access to town services but would also enhance the connection between neighborhoods, rather than segregating them. Mr. Hawkins pointed out that the Board had voted to add a stipulation requiring Town enforcement of the pond maintenance plan, which would be administered by the Homeowners Association. He also noted that Rogers Road residents had expressed concern about the proper management of stormwater management systems on the proposed development site.

Council Member Evans said it was quite likely that bicycle lanes and sidewalks in the area would be connected to a larger network in the future. She also noted that a greenway trail was proposed for this area in the future.

Council Member Bateman asked whether the cost of the connecting road would be borne by both Habitat for Humanity and Mr. Hansen. Ms. Culpepper said the staff’s recommendation was that the Glenbrooke subdivision extend to and join the Fox Hill stub-out rather than being a cul-de-sac as originally planned. She explained that the Habitat for Humanity proposal already had a requirement for a stub-out, so the cost of Mr. Hansen’s connection would be borne by Mr. Hansen alone.

Council Member Bateman asked whether the Town had encountered problems in providing services to other cul-de-sacs in the Town. Ms. Culpepper said that cul-de-sacs were generally more efficient in the provision of Town services.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE APPLICATION TO THE MANAGER AND ATTORNEY FOR PRESENTATION OF A FOLLOW-UP REPORT AT THE COUNCIL’S JULY 6^TH MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 4 was deleted

Item 5 Special Use Permit Application

for the Estes Hills Elementary School Addition

Persons wishing to testify regarding the application were sworn.

Ms. Culpepper stated that the proposal was for a 4,000 square foot addition to the Estes Hills Elementary School. She noted that this addition would bring the total cumulative added space to 20,000 square feet, which was why a special use permit was required for this project.

Mayor Waldorf inquired whether the applicant wished to make a presentation. Mike Hammersly, the project’s architect, responded that he and School District Representative Bill Mullen were available to answer the Council’s questions. Mr. Hammerly noted that the applicant concurred with all of the stipulations outlined in Resolution A.

Council Member McClintock inquired whether the proposed construction would cut into an existing wooded hill. Mr. Hammersly answered that the proposed addition would be tucked into the hillside and would not be visible from Estes Drive. Council Member McClintock inquired approximately how many feet of the hill would be taken away. Mr. Hammersly replied that the total area was about 15,000 square feet and about 2,000 cubic yards of dirt would need to be moved. Council Member McClintock asked how the grounds would be treated. Mr. Hammersly replied that a ground cover would be put back on them and existing trails would be restored and reconnected.

Council Member McClintock asked whether the existing air conditioning and heating system would be extended to the new addition. Mr. Mullen responded that the proposed addition would be heated and cooled independently from the existing building. Council Member McClintock remarked that she had been hoping for some improvement in the old system because she could hear it even though her house was thousands of feet away. Mr. Mullen noted that improving the existing system would cost about one million dollars.

Mr. Hawkins stated that the Planning Board did not spend much time discussing this project because it was well conceived, well designed, and appropriate. He added that the Board’s only comment was that the School System should prepare a Transportation Management Plan, as did the Transportation Board. He said that the Planning Board discussed the path connection and agreed that this matter was well handled.

Sarah K. McIntee, a resident of Caswell Road, stated that there already were too many cars parked in the neighborhood during school events, and that there was too much traffic in the morning when children were going to school. Ms. McIntee proposed that a limit be set on the number of students who could attend Estes Hills Elementary School.ills Elementary School. . Mayor Waldorf pointed out that three of the proposed new rooms would be reading rooms, two would be offices, and one would be a classroom which would not increase the number of students or teachers at the school. Ms. McIntee stated that rooms which were not intended to be used as classrooms sometimes later became classrooms. Ms. McIntee also expressed concern that crowding children into schools harmed them. Expressing her support for a good traffic management plan, Ms. McIntee said she agreed that there should be a sidewalk in front of the Phillips Middle School.

Noting that the Transportation Board and Ms. McIntee favored the installation of a sidewalk in front of Phillips Middle School, Council Member Foy said he favored adding such a stipulation to the proposed conditions of approval. Mayor Waldorf stated that she was interested in this too and would like to consider a sidewalk like the one in front of Estes Hills Elementary School, rather than a more elaborate one. Ms. Culpepper stated that the applicant had agreed to investigate the possibility of installing a sidewalk in front of the school.

Council Member McClintock suggested that the Town consider co-funding the sidewalk because it would pass some facilities which functioned as a park. Mayor Waldorf said that the Town did similar cost- sharing at East Chapel Hill High School. Mr. Hawkins said that the best solution would be to build a sidewalk close to the building rather than on Estes Drive. Mayor Waldorf described this as a walking path which would be internal to the property.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE APPLICATION TO THE MANAGER AND ATTORNEY FOR A FOLLOW-UP REPORT AT THE COUNCIL’S JULY 6^TH MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item #6 - Zoning for Annexation Area 1

(Homestead Village/Horace Williams Tract).

Ms. Berndt stated that on May 11th the Council had voted to annex Area 1 effective June 30, 1998. She said that Town staff recommended R-2 zoning for the area, which included the Homestead Village Subdivision, some lots on the south side of Homestead Road, and the Horace Williams property.

Mayor Waldorf explained that Mr. Hawkins had left the meeting but had asked that it be noted that the Planning Board unanimously recommended approval of the proposed rezoning. Cliff Heindel requested that the Council and the University preserve a portion of Annexation Area 1 for recreational activities. Mayor Waldorf suggested that Mr. Heindel put his specific suggestions in writing and send them to the Council and to the University.

Council Member McClintock asked the staff why R-1 zoning had not been recommended. She also asked if the lots in Homestead Village were larger than one-third of an acre each. Ms. Berndt stated that in this particular review the Board attempted to continue the existing zoning which the previous Council had established for the area, which was R-2 zoning. Council Member McClintock suggested that it would be better to fit zoning categories to what actually was in place. Ms. Berndt responded that the current zoning did match the land-use plan for the area. Council Member McClintock requested a further clarification. Mr. Waldon then explained that the Homestead Village subdivision was developed under R-2 zoning and that he does not believe it would fit all of the R-1 standards, such as lots that were less than 17,000 square feet. Council Member McClintock stated that the Comprehensive Plan allowed a couple of different zones in a district, so the Council should make an effort to zone what was there in order to avoid future troubles.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO APPROVE R-2 ZONING FOR ANNEXATION AREA 1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 7 Zoning for Annexation Area 2

(The Oaks 111, Phase B5b)

Ms. Berndt stated that the Council had also voted on May 11th to annex Area 2 to be effective June 30, 1998. She explained that this area included nine full lots, plus some additional portions of lots, in Durham County. Ms. Berndt stated that the proposal was to use the Town’s zoning designation while considering its comparability to the City of Durham’s existing zoning. Ms. Berndt also stated that the Planning Board recommended zoning the area R-1A because this would be the closest category to the existing zoning surrounding it. She remarked that R-1A zoning also fit in well with the low-density land use designation for the area. Ms. Berndt added that one portion was proposed to be R-1 because it was part of a golf course which was zoned R-1.

COUNCIL MEMBER PAVAO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPLY R-1A ZONING TO ANNEXATION AREA 2 WITH ON PORTION OF IT ZONED R1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVAO, THAT THE COUNCIL GO INTO CLOSED SESSION TO CONSULT WITH THE ATTORNEY ON MATTERS AUTHORIZED BY GENERAL STATUTE SECTION 143-318.11 9A) (3), INCLUDING A LAWSUIT IN WHICH THE PARTIES WERE THE OAKS II HOMEOWNERS ASSOCIATION AND THE PROPERTY OWNERS IN THE PINEHURST DRIVE AREA, THE TOWN OF CHAPEL HILL AND THE DEVELOPERS OF MEADOWMONT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The hearing concluded at 10:30 p.m.