SUMMARY MINUTES OF A PUBLIC HEARING OF THE
CHAPEL HILL TOWN COUNCIL
MONDAY, NOVEMBER 16, 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, Joe Capowski, Pat Evans, Kevin Foy, Lee Pavăo, and Edith Wiggins. Council Member Julie McClintock was absent, excused. Also in attendance were Acting Town Manager Sonna Loewenthal, Town Attorney Ralph Karpinos, Assistant to the Manager Ruffin Hall, Planning Director Roger Waldon, and Interim Town Clerk Joyce Smith.
Mayor Waldorf asked if the Council would be willing to amend the agenda to insert a resolution before the next items on the agenda were considered. Council agreed.
Mayor Waldorf asked the Council to pass Resolution 3 again with an amendment to the second bullet changing it to: “The Council supports the 5-acre minimum lot size that is currently under consideration by the Orange County Board of Commissioners. We believe this may offer a high level of water quality protection.”
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 3 WITH AN AMENDMENT TO BULLET 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION REGARDING PROTECTING THE QUALITY OF WATER IN THE CANE CREEK RESERVOIR (98-11-16/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the following comments on protecting the quality of water in the Cane Creek reservoir, which is the community’s largest water supply source:
· The Council generally concurs with the provisional recommendations presented to the Council by OWASA in August, 1997.
· The Council supports the five-acre minimum lot size that is currently under consideration by the Orange County Board of Commissioners. We believe this may offer a higher level of water quality protection.
· The Council also requests that Orange County rigorously enforce regulations for reserve field areas in the case of septic tank failures.
· The Council concurs that overall impervious surface limits should remain at six percent for residential development and twelve percent for non-residential developments.
· The Council authorizes the Mayor to submit this resolution to the Carrboro Board of Aldermen and OWASA Board with a request to receive a copy of their recommendations.
· The Council authorizes the Mayor to submit to the Orange and Alamance County Commissioners and/or to work with OWASA and Town of Carrboro representatives to submit joint comments to the County Boards of Commissioners reflecting points of agreement.
This the 16th day of November, 1998.
Mayor Waldorf said that this Resolution would be passed on to the Orange County Commissioners for their public hearing on November 23, 1998, to enforce the strong support from Chapel Hill.
Item 2 – Resolutions Continuing the Public Hearings on the South Columbia Street Condominium Applications for Zoning Atlas Amendment and Special Use Permit
Acting Town Manager Sonna Loewenthal said that the applicant wished to continue the public hearing until January 20, 1999 and requested that this information be entered into the record.
MAYOR PRO TEM CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION CONTINUING THE PUBLIC HEARING
ON THE SOUTH COLUMBIA STREET CONDOMINIUM APPLICATION FOR A ZONING ATLAS
AMENDMENT (98-11-16/R-1)
WHEREAS, the Town Council opened and continued Public Hearings on May 18, June 8 and June 22, 1998 on an application for a Zoning Atlas Amendment related to the South Columbia Street Condominiums; and
WHEREAS, on June 22, 1998 the Council recessed and continued the Public Hearing until September 28, 1998; and
WHEREAS, on September 28, 1998 the Council continued the Public Hearing until November 16, 1998; and
WHEREAS, the applicant has requested additional time to continue preparation of a revised application; and
WHEREAS, after the revised application is received, the Town staff would schedule it for review by the Town staff and appropriate boards and commissions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council continues the Public Hearing, to be reconvened on Wednesday, January 20, 1999 in the Chapel Hill Town Council Chamber.
This the 16th day of November, 1998.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO ADOPT RESOLUTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION CONTINUING THE PUBLIC HEARING ON THE SOUTH COLUMBIA STREET CONDOMINIUM APPLICATION FOR A SPECIAL USE PERMIT (98-11-16/R-2)
WHEREAS, the Town Council opened and continued Public Hearings on May 18, June 8 and June 22, 1998 on an application for a Special Use Permit related to the South Columbia Street Condominiums; and
WHEREAS, on June 22, 1998 the Council recessed and continued the Public Hearing until September 28, 1998; and
WHEREAS, on September 28, 1998 the Council continued the Public Hearing until November 16, 1998; and
WHEREAS, the applicant has requested additional time to continue preparation of a revised application; and
WHEREAS, after the revised application is received, the Town staff would schedule it for review by the Town staff and appropriate boards and commissions;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council continues the Public Hearing, to be reconvened Wednesday, January 20, 1999 in the Chapel Hill Town Council Chamber.
This the 16th day of November, 1998.
Item 3 – Public Hearing on Zoning Atlas Amendment for Properties in the Vicinity of U.S. Highway 15/501, Interstate-40 and Old Durham Road
Planning Director Roger Waldon discussed the material in the Council’s packet, after indicating the area under discussion on the map displayed with the overhead. He noted that a Council-appointed Committee had submitted a proposal to the Council recommending the desirability of rezoning the property under consideration from Mixed Use-Residential-1 to Residential-1. Mr. Waldon pointed out that the three exceptions for rezoning according to Article 20 of the Development Ordinance were: (a) to correct a manifest error in the chapter, which the Planning Board did not find; (b) because of changed or changing conditions in a particular area or in the jurisdiction generally, which the Planning Board found to be changed with the growth of traffic and other zoning changes; and, (c) to achieve the purposes of the Comprehensive Plan, which the Planning Board felt that language in the Plan could be found to support or not support rezoning.
Mr. Waldon also advised the Council that a Protest Petition had been received and that if it was found valid, in compliance with the requirements for petition, that an amendment to the Zoning Atlas could not become effective except by affirmative vote of seven members of the Town Council. His staff was still in the process of validating the signatures and would bring the full information on this petition at a later date.
Mr. Waldon apologized to the Advisory Boards for a logistical error which deprived the Boards of full information, which was then provided at their last meeting. He said that this information will be discussed at their next meeting before the next consideration by the Town Council.
Mr. Waldon discussed the preliminary recommendation for adoption of the ordinance which would rezone the area to Residential-1. He also stated that this was preliminary because all of the evidence is not yet part of the record. Mr. Waldon reminded the Town Council that the rezoning would be a legislative act and that they would have a wider range of discretion.
John Hawkins reported for the Planning Board and said that because some of the information had been lacking at their last meeting but was now available, the information would be considered at the next meeting on December 1st, and there would be more enlightened recommendations for the next Town Council hearing on the matter.
Buck Branson of the Transportation Board reported that the new information would be considered at their next meeting, November 17th, and they would revisit the issues after discussion of the full information now available. He felt that the recommendations might or might not be different after this meeting.
Attorney Karpinos, in response to a request from Mayor Waldorf for his recommendations, said that he did not have much to add to Mr. Waldon’s statements. He reiterated that the Council did have broader legislative discretion than on some other matters and would have to weigh all the information brought before them.
Terri Benforado, of Apex, speaking on behalf of her grandmother, Josephine Riley, of Old Chapel Hill Road, said that her grandmother owns five and one-half acres of the property under discussion and strongly opposes rezoning action because she felt it would devalue her property.
Richard Franck, speaking in regard to local and regional public transit, said that a recent report had identified this area as a potential stop on the Regional Fixed-Guideway Transit System. He noted that in an earlier study the area was not identified as a stop, and it was still possible not to have a stop there. Mr. Franck said that the bus transit service area ends at the property under discussion but the turn around/transfer of passengers is now done at New Hope Commons, not a pedestrian-friendly area. He said that Residential-1 was not the best approach.
Fred Meier, a resident of Colony Woods, said that he supports rezoning, that it would slow down traffic increase on Highway 15/501. He also said that Blue Cross-Blue Shield has been a good neighbor.
Juanita Poe said that she owns lots 52-57 on White Oaks Road and would not sign an agreement for Residential-1.
Jeff Mason, Attorney with Brown and Bunch, said that he represented Frank Christensen, who owns a two-acre tract on Highway 15/501. He reemphasized that there have been no changes in conditions and urged the Council to follow the recommendations of the Planning Board and wait for the review of the Comprehensive Plan.
David Haggart, of Childress-Kline Properties, said that his company has options to acquire the majority of the properties under discussion and already owns one piece of the land. He noted that his company had planned eighteen months ago, to develop a commercial project allowed under the Mixed Use-Residential-1 zoning, including retail and office space, to try to accommodate the construction planned by Blue Cross-Blue Shield. Mr. Haggart noted that Blue Cross-Blue Shield is looking for a one million square foot corporation campus. He also pointed out that his company showed a site plan to the subcommittee of the Council, which gave it a lukewarm reception, so the company decided to wait until the subcommittee’s presentation to the Town Council.
Mr. Haggart noted that Blue Cross-Blue Shield does not currently have control of the property, so it is not legally possible to go through the site-plan approval process. Mr. Haggart said that Blue Cross-Blue Cross does not desire to go through this process, and would rather have the builder be responsible. He also said that Blue Cross-Blue Shield wishes to learn what could be built on the site before committing to the construction. Mr. Haggart noted that Childress-Kline Properties earlier today had officially filed site plans for a design review. He asked the Council to defer its decision until a full review of the plan had taken place. Mr. Haggart indicated that the amount of retail space had been reduced. He said that the plan would also include office space and a movie theatre, which, he felt, would not generate traffic during peak hours. Mr. Haggart felt that rezoning to residential was not appropriate when considering the surrounding area, which is not residential, citing a four-lane highway and the interstate as examples.
Mayor pro tem Capowski asked what was the total non-office square footage of the site plan. Mr. Haggart responded that it was approximately 85,000 square feet.
Council Member Bateman asked how many screens were proposed for the theatre. Mr. Haggart responded fourteen.
Mayor Waldorf asked if the 85,000 square feet was retail. Mr. Haggart said that it was divided up—for the movie theatre, 58,000 square feet plus expansion rights, and three free-standing out-parcel buildings, not designated in square footage as yet, but estimated at approximately 7,500 square feet each.
Mayor Waldorf asked if that was filed for a Special Use Permit. Mr. Haggart said that it was filed for a design review, the first step in the process.
Karen Gilmore, speaking on behalf of the Chapel Hill-Carrboro Chamber of Commerce, voiced support of the Town’s plan and efforts in working with Blue Cross-Blue Shield, and supported the Council’s public support to keep Blue Cross-Blue Shield within the Town. She praised the Council’s plan to act within six months on a Special Use Permit request, feeling that it was essential to work for a good relationship with Blue Cross-Blue Shield.
Bill Strom made a statement on behalf of the Alliance of Neighborhoods, supporting the Town’s active role in zoning for the future, should arrangements not work out with Blue Cross-Blue Shield. He said that a potential exists for a large retail site, which would increase traffic. Mr. Strom said that down-zoning to Residential-1 was the right move for the property and would not generate as much traffic.
Judith DuVal said that she resides in one of three residences on White Oak Drive and she was opposed to rezoning the property to Residential-1. She noted that the property had been Mixed Use for eleven years, done so to discourage spot-development, adding it has worked to stifle the growth of commercial development. She felt that down-zoning violated the Comprehensive Plan on several counts, and that Mixed Use, if properly done, was the very nature of the Chapel Hill experience.
Ed Harrison, who was an officer of the Citizen’s Advisory Committee for U.S. 15/501 Major Investment Study, a federal study, said that he had been one of the two co-chairs, one each from Orange and Durham Counties. He said that in 1988 a Thoroughfare Plan envisioned Highway 15/501 between South Square and the Franklin Street split to be a freeway. Mr. Harrison also noted that in 1993 Chapel Hill expressed concern that this would not work for Chapel Hill, and in 1998 the Policy Oversight Committee of the Major Investment Study dropped the alternative, a freeway. He felt that Chapel Hill would have to find a lot of solutions to get Highway 15/501 to carry as much traffic as a freeway without it being one. Mr. Harrison commended the approach devised by Council Members Bateman, Foy and Pavăo, but said that this was only one idea on how to make the road work. He stated that roads have to stop serving as a boulevard. Mr. Harrison also said that the decision was a legislative one, and that mixed use can work well with the appropriate design.
John DuVal asked the Council to deny the down-sizing, adding that both Advisory Boards had recommended denial of the rezoning. He said that it would be illegal spot-zoning because it was in Durham County, and that rezoning this section would be arbitrary. Mr. DuVal referred to page 4 of the materials and said that, under Character of the Area, areas to the north and east had been omitted. He said that Lowe’s had been upgraded because it was in Orange County. He felt that the rezoning was necessary to placate the anti-development portion of the Council, and that the concern about traffic congestion was a ruse. He said that a concentration of office buildings does not encourage diversity. Mr. DuVal was critical of the three sub-committee members’ recommendations and asked whether adoption would be legal and sustainable according to the North Carolina General Statutes. He asked that this answer be made part of the record for this evening.
Evelyn Wilson said that on her road, near Blue Cross-Blue Shield, there were “No Trucks” signs, but that there were many eighteen-wheelers using the road, and often turning around right in front of her house.
Diane McArthur, a Colony Woods Drive resident, disagreed with Mr. DuVal and cited changes such as New Hope Commons and Home Depot, which had generated much traffic. She asked the Council to vote for down-zoning. She felt that a movie theatre would significantly increase traffic.
Council Member Pavăo said that he wished to clarify the Public Information Statement on Page 31 of the materials. He noted that the asterisked section should have been at the top of the sheet with no asterisk. Council Member Pavăo said that the sheet was prepared by one of the property owners and presented at a public information hearing.
Council Member Foy asked the staff to clarify that not all the property under discussion was in Durham County, that part was in Orange, as well. Mr. Waldon displayed the map and pointed out the Durham County line.
Mayor pro tem Capowski asked if the shaded area was the 60 acres in question. Mayor Waldorf referred to page 13, #3, as the approximately 60 acres in question.
Mayor Waldorf asked the Manager when the staff could come back with material. Mr. Horton responded was told December 7th, at the next scheduled Council meeting. Mayor Waldorf explained that this would be a continuation of the public hearing, and that the Council may have heard from the Planning and Transportation Boards by then.
Council Member Wiggins requested, referring to Mr. Branson’s statement that one of the concerns of the Transportation Board was that the Council’s action not unfairly affect property owners, but that it had been addressed, that she would like some fairly specific information on how this concern had been addressed. The Council referred this to the Manager.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE ZONING ATLAS AMENDMENT TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVĂO TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The hearing stood adjourned at 8:03 p.m.