SUMMARY MINUTES OF A PUBLIC HEARING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, JUNE 18, 2001, AT 7:00 P.M.

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

Council members present were Flicka Bateman, Pat Evans, Joyce Brown, Kevin Foy, Lee Pavăo, Jim Ward, and Edith Wiggins.  Council Member Bill Strom was absent, excused.

Staff members present were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Assistant to the Manager Bill Stockard, Planning Director Roger Waldon, Urban Forester Curtis Brooks, Town Engineer George Small, and Town Clerk Joyce Smith.

Item 1 - Public Hearing on closing a Section of Clyde Road Right-of-Way

Town ManagerCal Horton explained that this item concerned 1,300 feet of existing right-of-way that abuts two parcels owned by the Town.  He said that the staff recommends closing this section so that the Town can have access to the land.

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECESS THE PUBLIC HEARING AND TO REFER THIS ITEM TO THE MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 2 - Zoning Matters

2.a - New Zoning District:  Proposed Development Ordinance Text Amendment.

Mayor Waldorf announced that there would be a meeting of the Town-Gown Committee on June 26, 2001.  She said that the staff would get a notice out to the press when they have determined a precise time and place.

Mayor Waldorf explained that tonight's agenda was to consolidate two scheduled public hearings (on items 2.a and 2.b).  She proposed allowing citizens who had signed up to speak on both items to speak for six minutes, rather than the three minutes normally allowed.

Planning Director Roger Waldon explained that the first item was a proposal for a new zoning district, O&I-4 (Office and Institutional-4).  The second item, he said, would apply that new zoning to the University’s main campus.  Mr. Waldon noted that the first item would be an amendment to the Town's Development Ordinance.  He listed the key features of this new zoning district:

·        Development Plan.  The new zone would require the property owner to present a development plan outlining what s/he seeks to build and develop on the land in a process similar to the current Special Use Permit (SUP) application procedure. 

·        Guidelines for Applications for Development Plan. These would be used for assessment of impacts on the community at large, and would focus in particular on adverse impacts, such as traffic, stormwater, and noise.  The guidelines would also address what measures might be taken to mitigate adverse impacts.

·        Permitted Uses and Intensities.  These would be the same as those currently permitted in the O&I-3, except that "places of assembly" would no longer require a SUP.  If adopted, the University could request that some existing SUPs be abandoned.  Mr. Waldon explained that the Town Council would determine and approve the intensity of use that would be permitted under this ordinance's structure.

·        Timelines. This is intended to be something that can move expeditiously, Mr. Waldon said.  The ordinance calls for a 90-day period from the time the development plan is originally submitted until the time the Council would either approve, approve with conditions, or deny the plan.  He noted that there is a 15-day timeframe for review of building proposals to ensure that they match what the Council approves in the development plan. 

Mr. Waldon discussed application of this new zone to the main campus.  Noting that specifics were in his written memo to the Council, he addressed the following issues:

·        Area Proposed for Rezoning.  Mr. Waldon showed a map of the proposed area for rezoning, which encompasses most of the main campus.  Noting that it is all University-owned land, he pointed out that although there were a number of different zoning districts in the surrounding area the majority of the land was zoned O&I-3.

 

·        Evaluation of Proposal. Mr. Waldon said that after applying the Town's criteria to the area requested for rezoning the staff's preliminary recommendation was that the rezoning was justified due to changed or changing conditions, and that there is language in the Comprehensive Plan that favors rezoning this property.  He noted, however, that there also is language in the Comprehensive Plan that would also argue against rezoning some of this area.  But that, on balance, he said, the staff finds grounds for rezoning as requested by the University.

·        Protest Petition.  Mr. Waldon pointed out that the Council had copies of certification saying that the protest petition for the south side of the area had been considered valid and sufficient to trigger the "protest petition environment."  He explained that it would take seven affirmative votes by the Council to approve the rezoning as it has been applied for.

PlanningBoardChair Gay Eddy reported that the Board had recommended approval (7-1) of the new O&I-4 zone.  She said that the Board recommended including language in the Purpose and Intent section (6.1) that would make clear that one of the purposes was to protect nearby neighborhoods as well as the larger community.  Ms. Eddy added that the Board had wanted clarification of whether or not the public hearing was quasi-judicial.   She said that Board's and the staff's recommendations differed in the Permitted Uses and Development Intensity section (16.4).  Ms. Eddy commented that the Board was not opposed to additional housing on campus, but wanted to make sure that the housing is truly additional and not just substitute housing for other buildings that have been torn down.  With these changes, Ms. Eddy said, the Board had voted to recommend approval of the new zoning district.

Regarding rezoning of the land to O&I-4, Ms. Eddy explained that the Planning Board had not yet received the applicant's presentation when they last met.  She reported that the Board had nonetheless voted to recommend rezoning 578 acres of the 584-acre request.  The other five acres, she said, are identified on the map as areas two, three, eight, and nine.  Ms. Eddy explained that the Board did not think that these areas meet the "changing conditions" justification for rezoning.  She said that the rezoning recommendation passed by a vote of 5-3.    

Catherine Frank, representing the Historic District Commission, recommended that the new zoning be put in place in most areas of the main campus that are currently zoned O&I-3.  She commended the Council for creating this zone, and commended the University for its plans to hire an historic preservationist.  Ms. Frank urged Council members not to impose new zoning on parcels not currently zoned O&I-3 and to remove certain properties—particularly those in the 400 block of Franklin Street—from the new zoning category.  She also suggested removing UNC's UniversityRelationsBuilding and Nash Hall and its parking lot, because they are within the Cameron-McCauley Historic District and therefore designated in the Comprehensive Plan as a neighborhood protection area.  In addition, Ms. Frank said, the Historic Commission would like to know why State-owned properties are not included for review in local historic districts.  She also asked that the Commission be included in development plan review for areas abutting historic districts.

On Behalf of the UNC Board of Trustees and Chancellor Moeser, Nancy Suttenfield conveyed the University's appreciation to the Mayor and Town Council for attempting to create a new regulatory paradigm that would allow the University to grow in an orderly fashion.  She described the proposed ordinance and rezoning request as the logical next steps toward implementation of the campus Master Plan.  Noting that any period of change creates stress for those directly impacted, Ms. Suttenfield stated that the University intends to be a good neighbor and will do its best to mitigate adverse impacts on the community.  

Ms. Suttenfield expressed appreciation to Mayor Waldorf in particular for her leadership in proposing the Town-Gown process for discussing issues and community concerns.  She also thanked Town Manager Cal Horton and the staff for developing the ordinance and the guidelines for the development plan that the University would soon submit. 

Jonathan Howes explained that the proposed ordinance would permit the University to submit a development plan to the Council in July that will cover anticipated campus development over the next eight years.  He pointed out that the development plan derives directly from the Master Plan, which had been approved by the Board of Trustees in March.  Mr. Howes explained that the objectives of the campus Master Plan were:

·        To provide a blueprint for effective utilization of the main campus and provide for expanded housing opportunities on campus;

·        To provide room for expansion for the sciences and for UNC Healthcare;

·        To provide an arts corridor close to downtown Chapel Hill, which would include Memorial Hall and the Ackland Art Museum; and,

·        To provide better access by road and transit, especially to the Hospital area.

Mr. Howes said that the University seeks to export the qualities of the north campus to the south campus area and to reduce impervious surface.  He remarked that preparing the development plan had required the University to add detail to its Master Plan and to look carefully at phasing of development.  The plan they finally submit to the Town in September, he said, will include details regarding traffic, parking, stormwater management, noise, and lighting.  Mr. Howes added that the plan will also include the phasing of new construction over the next eight years

Mr. Howes noted that the campus Master Plan calls for family housing around Beatty Hill and along Mason Farm Road.  He explained that the key to the University's aggressive housing strategy is to develop this area as soon as possible to provide housing for student families that are currently housed at OdumVillage.  He noted that this would enable students in other residence halls to move to OdumVillage so that those residence halls can be renovated.  Mr. Howes said that the University was taking the community's concerns about off-campus housing seriously.  He stressed that they need the new zoning in order to build new student family housing.  Mr. Howes commented on the spirit of cooperation between the University and Town, and commended Mayor Waldorf and the other Council members for fostering that.  He noted that the proposed University projects go far beyond the bond projects approved by voters last fall. 

Comments from Citizens

Peg Rees, whose property abuts the southern end of the campus, addressed the issue of incorporating Residential-1 (R-1) properties seven, eight, and nine - on the north side of Mason Farm Road - into the proposed O&I-4 district.  Ms. Rees noted that these parcels are the only ones currently zoned R-1.  She said that sub area #7 is the buffer created by the SUP for the SmithCenter and asked that it be left R-1 until a development plan has been submitted.  Ms. Rees argued that the R-1 properties are entirely different from others being considered.  She pointed out that waiting to consider rezoning until after the development plan has been submitted would provide protection to neighbors and would not inconvenience the University.

Ms. Rees suggested that the properties on the north side of Mason Farm Road be treated the same way as those on the south side, which are also zoned R-1and presumably will go through the rezoning process after the development plan has been submitted.  She asked why the Botanical Garden was exempt from rezoning, and proposed that the Town Council treat the rezoning of all sub areas individually.  Ms. Rees also commented that the rezoning of properties seven, eight, and nine could be done through one of the current residential zonings if it is going to be for student housing.

Richard Wolfenden explained that parcel #7 on the rezoning map was next to his driveway and pointed out that the University had twice before "tried to violate the buffer," once for a parking lot and once for a conference center.  He said that the University had threatened to condemn his house if he and his wife did not agree to sell it to them for the conference center.  Mr. Wolfenden explained that both attempts failed thanks to the Town Council.  He stated that he understood that there eventually would be student housing all along Mason Farm Road, including on his property.  But, he said, the Master Plan had stated that it would be built around Beatty Hill first and not in the Mason Farm area until 2004-2005.

Dr. Wolfenden said that his neighborhood had prepared a protest petition but had withdrawn it in order to have a less adversarial negotiation with the University.  He stated that the University had suddenly introduced as new plan that enlarges and accelerates construction of student housing in the buffer area.  He said that the University had done this after the deadline for filing a petition had passed.  Mr. Wolfenden asked that construction in the buffer be held off until no one is living in his house, or the Egan and Steele houses.  Mr. Wolfenden also asked that construction traffic from the huge projects in the buffer be directed north onto Manning Drive as, he said, Mr. Gross had assured the neighborhood it would.

Joe Capowski inquired about the map showing the O&I-4 zoning proposal.  He noted that it differed from the June 14th map provided by the University and said that his comments would depend on which map is accurate.  Mr. Waldon explained that this public hearing had been called to discuss the rezoning as on the map Mr. Waldon had displayed.  She said that the June 14th map was the University's attempt to answer the Town's questions about where it would like to put buildings over the next eight years.

Mayor Waldorf said that the areas shaded in gray indicated areas that are currently zoned R-1, but that did not mean that the University was asking to rezone all of that territory.  Mr. Capowski asked if everything inside the blue line was to be rezoned.  Mayor Waldorf replied that the function of the blue line was to indicate property owned by the University.  She verified this with Town Manager Cal Horton, who said that this was this understanding as well.  Mayor Waldorf explained that the red line on the map that Mr. Waldon had displayed indicated areas of the rezoning request.

Mr. Capowski asked for specific clarification that the rezoning request did not include any property on Chase Avenue.  Mayor Waldorf, Mr. Horton, and Town Attorney Ralph Karpinos all stated that it did not include Chase Avenue.  Mr. Capowski then read part of a letter from two of his neighbors, Will and Trudy Pendergraph, who live at 815 Old Pittsboro Road.  The letter referred to a triangle of land on the extreme lower left corner of that map, between Old Pittsboro Road and South Columbia Street.  The Pendergraphs wrote that as fifth generation Chapel Hill residents they had witnessed increasing University encroachment on their neighborhood.  They said that their great-grandmother had originally owned the land in question and that the family had struggled to keep it out of University hands.  At Mayor Waldorf's request, Mr. Capowski showed the land in question on the map.

Mr. Capowski requested that this land be deleted from rezoning to O&I-4.   He pointed out that it is in an R-2 neighborhood and surrounded by R-2 properties.  He noted that the Town's Comprehensive Plan states that this area should be low-density residential.  Mr. Capowski said that the neighbors would later petition the Council to rezone the land, which is O&I-3, to R-2.   

Mr. Capowski stated, "UNC was in a terrible hurry but does not know where it's going."  Commenting that the University had spent a fortune on a consultant to develop a plan and then made changes to that plan, he asked the Town Council to take its time with what he described as the biggest development proposal the Town had ever seen.

Mr. Capowski agreed with the Planning Board's recommendation that there be language to protect the immediate neighborhoods.  He said that the O&I-4 zone, by itself, was too vague, adding that every other zone in Town had numeric caps that indicated what and how much could be built.

Mr. Capowski pointed out that the Council was considering voting on a rezoning request without a development plan.  He stated that the requirement that the Town must, upon request, abandon the Dean Smith Center SUP after approving this rezoning would destroy the intact Mason Farm neighborhood before the Town had even seen a development plan.  Mr. Capowski argued that there should be a true buffer around the O&I-4 zone and a transition zone behind it.  He commented that the proposed 200-foot buffer was sufficient considering that the proposed campus will be 5,000 feet wide.

Mr. Capowski noted that "adjacent properties" had not been defined in the Council's development plan, which states that adjacent property values must be maintained.  He pointed out that a project this large would require it to mean properties that are "some distance into the neighborhoods."

Mr. Capowski asked the Town Council to deal with noise, stormwater, radiating interior lighting, energy infrastructure, towers, and transmission lines in the "standards and perimeter paragraphs (16.5 and 16.6)," and to consider the cumulative impact of all of this on the neighborhood.  Under the paragraph on "amending the development plan (16.9)," he noted that it was unclear what the five percent is of new floor area - the total floor area of the campus, the new number of parking spaces, or total number of parking spaces.

Mr. Capowski proposed that the Council approve the rezoning only to support the bond projects that voters had approved, and to do so according to the schedule that the University had set out.  He recommended that they take time to understand the remaining parts of the development proposal.

Joe Straley, noting that he had been a member of the Town Council as well as a UNC faculty member for 40 years, praised the way that the Town and University had functioned together over the years without much antagonism.   Speaking as a private citizen on behalf of the CommunityChurch on Mason Farm Road, he expressed support for Mr. Capowski's comments.  Mr. Staley said that the Church and the University were in a "David and Goliath situation."  For that reason, he said, the Church wanted the Council to be clear about setbacks, zones, and so forth, so that the University will not be able to harm its neighbors. 

Kimberly Brewer, a resident of Purefoy Road, read her statement strongly supporting the concept behind the new district but cautioning the Council about four areas, which she said, need strengthening:

1.      There needs to be a stronger link between the text amendment and the performance standards that the University and Hospital are required to meet.  As written, Ms. Brewer said, there is no real regulatory/legal basis for requiring the standards that are concurrently under review.

2.      She suggested deleting the clause, in section 16.4, allowing Places of Assembly to be a permitted use.

3.      She recommended including the Town's Comprehensive Plan in the decision criteria for approving or denying the University's development plan.

4.      Ms. Brewer asked to add a floor area ratio cap to the O&I-4 zone.

Regarding the proposed rezoning, Ms. Brewer strongly supported the concept of moving from O&I-3 to O&I-4 and using the proposed process and standards with modifications.  But she opposed the rezoning in two categories:

1.      She opposed rezoning any property in the Comprehensive Plan's Neighborhood Protection Conservation Zones (#2, 3, 5, 8, and 9).

2.      She opposed rezoning the buffer land which is currently zoned R1 (Parcel #7).  Ms. Brewer pointed out that the buffer stipulation was needed when the Dean Dome was built, and the Dean Dome is still there.

Milton Heath, a member of several noise committees, noted that the Town had recently held a public hearing on proposed revisions to the Noise Ordinance and then delayed action to November in deference to University students.  Pointing out that this will be after the University's scheduled October action on its plan, he advised Council members to schedule its consideration of the Noise Ordinance before considering the University's plan.  This, he said, would avoid a situation where the University could say that the noise standards do not apply to them because their plan was adopted before the Noise Ordinance was approved.  Mr. Heath also recommended that the consultants be present when the Council discusses the Noise Ordinance.  He suggested that the Council ask the staff to monitor compliance with the Noise Ordinance (if adopted) and encouraged them to consider readopting an environmental assessment and impact ordinance.  Mr. Heath noted that the Town would be in a stronger position now if it had adopted such an ordinance.

Diana Steele, a Chapel Hill native who operates a preschool near the University, explained that the day after citizens turned in protest petitions the University had submitted a new map of its southern border with a brand new student apartment building scheduled to be built five years earlier than the original starting date.   Ms. Steele pointed out that page 84 of the University's rezoning request outlines six million square feet of the University that it wants to rezone.   This is a quarter of the size of central campus, she said, adding that it was "a huge amount of Chapel Hill to give away."

Ms. Steele pointed out that the University lists 82,000 square feet of R-2 land, which she said had never been shown on maps previously made available to residents.  She concluded that there were too many unanswered questions to move ahead on rezoning the perimeter areas around central campus.  Ms. Steele noted that the Town was not compelled to do the rezoning with a single vote and suggested rezoning the central part but waiting to rezone the peripheral parcels. She described the need to rush toward approval as "artificial and dangerous." 

Ruby Sinreich stated that she resented the threat of "legislative retribution" or "collateral damage" that hangs over the Town because it means evaluating the politics of this project over and above the merit of whether or not to rezone it.   She stated that the University had betrayed the spirit of collaboration that used to exist with the Town, and that it had arbitrarily change the rules of the game by taking this matter to the State legislature.  Ms. Sinreich recommended that the Town not make this decision hastily during the summer.  She stressed that there are many reasons to deny the rezoning, and asked the Town Council to resist worrying about political and legislative retribution and be true to the interests of Chapel Hill.

Adam Sotak, a local resident, commented that the University's administration was attempting to subvert the democratic process.  He recommended that the Town resist rushing the plan, and asked the Town Council to stand firm.  Mr. Sotak suggested that the University go back to the drawing board to create a university with adequate student housing, sustainable public transportation, and energy efficient and environmentally sound buildings.  He asked the Town Council to truly represent the people by maintaining a livable community with a university that is "big on ideas, not necessarily on size."

Martin Rody, a member of the Community Design Commission, asked what impact these regulations have on the current responsibility of the Commission to review concept plans developed by the University for each building and for the appearance of those buildings.  He said that such a review was particularly important on the edge of campus, and wondered how the new University development fits with the Commission's current status.

Dan Coleman, representing the Sierra Club, asked Mr. Waldon what was currently zoned R-2 that was 83,000 square feet.  Mayor Waldorf noted that the question would be answered at a later time.  Mr. Coleman stated that he supported the Planning Board's request to add the word "net" to "new residential development" not being counted in the maximum floor area.  He reminded the Council that the Sierra Club was opposed to the destruction of OdumVillage and to the destruction of usable housing in general.  Mr. Coleman said that this was why adding the word "net" was critical.

Mr. Coleman stressed that the standards in the zone, the way it is written, are confusing.  Of the five areas identified, only stormwater management, noise, and light have standards attached to the zone itself, he said, and asked when the other standards would be identified in the development plan.  Mr. Coleman added that it was not clear what the other standards are.  He stressed that the Council ought to reject the development plan if the standards that come with it are not adequate.  Mr. Coleman also suggested having an enforcement mechanism in place in case the Manager finds that the development plan as a whole does not comply with prevailing standards.  He said that the Sierra Club was particularly concerned about environmental standards and concurred with Mr. Capowski's suggestion to include energy infrastructure. 

Mr. Coleman said that the requested rezoning was in violation of the Comprehensive Plan, which states that neighborhood protection issues are "paramount" and implies that the Cameron-McCauley neighborhood should be subject to a small area plan before rezoning is considered.  He urged Council members to read the language in the Comprehensive Plan carefully regarding coordinating with the University and UNC Healthcare in developing and implementing the plan.  Mr. Coleman said that approving the rezoning would not be coordinating with them but rather acceding to the plan and to their implementation of it.  Coordinating, he said, would mean that the University would listen to the issues that citizens had raised and come up with some solutions.   Mr. Coleman noted that the Sierra Club concurred with limiting rezoning to what would accommodate the bond issue.   He added that areas that are part of the neighborhood protection districts should not be included in the rezoning.

Roy Fauber, a resident of East Patterson Place, stated that it is not part of UNC's mission to protect neighborhoods, insure long-term prosperity, or insure the quality of life for which Chapel Hill has become well known.  This is the Town government's responsibility, he said, and these objectives can only be accomplished by carefully managing change in the community.  Mr. Fauber stressed that the Town must have input and authority on matters of University growth and must act within the framework of the Comprehensive Plan and the Development Ordinance.

Mr. Fauber pointed out that the Comprehensive Plan requires the Town to coordinate with UNC and UNC Healthcare in developing and implementing the Master Plan for the main campus.  He noted that the Comprehensive Plan also affords the Cameron-McCauley neighborhood special protection as a residential conservation area and that the language in the Comprehensive Plan is unambiguous regarding these areas. After repeating what Mr. Coleman had said about the Comprehensive Plan deeming neighborhood protection as paramount, Mr. Fauber read, "when policy choices that affect these areas are before the Town Council…the balance should tilt in favor or protection and preservation." 

Mr. Fauber argued that rezoning Nash Hall, Nash Hall parking lot, and 210 Pittsboro Street was not required for full implementation of the University's Master Plan, or for development associated with the bond referendum.  He said that current zoning satisfies implementation of the UNC Master Plan and provides primary neighborhood protection in the form of a transition region from high-density institutional to low- and medium-density residential designations in the Cameron-McCauley Historic District.  Mr. Fauber argued that there is no argument for changing conditions, and said that rezoning these properties at this time would be premature at best, and completely arbitrary at worst.  "To consider the area as one homogeneous lump is foolish and unjustified," he said.  Mr. Fauber acknowledged that he could support rezoning of areas designated O&I-3, but stressed that there was no justification for rezoning property west of Pittsboro Street.

Ken Broun said that it was "with a great sense of frustration and disappointment" that he was standing before the Council.  He explained that in the latter stages of approval of the University's Master Plan there had been clear statements made about how the expansion would be built and phased, and how it would affect those who live on the north side of Mason Farm Road.  Mr. Broun noted that statements about what was to be done had been clear.  But now the University intends to build housing immediately next to the properties of Diana Steel and the Wolfendens, he said, even though University representatives had said that this would not happen. 

Mr. Broun stated that the corporate leadership of the University had breached faith with the Town by going to the General Assembly and had breached faith with those living on the south side of campus by announcing its intention to provide a phased protection for them and then proceeding in a direction that provides no protection.  The only thing that can protect the community from the action of its "largest corporate citizen," said Mr. Broun, is its existing SUP and zoning regulations.  He asked the Town Council to reject any provision in the zoning regulation that calls for the elimination or abandonment of any SUP.  He also requested that all zoning in existing residential areas south of Town, especially parcels seven, eight and nine, remain in place.  

Baird Grimson, president of the West Side Neighborhood Association, asked Council members to consider the new Noise Ordinance prior to considering UNC's developmental plans and to take a definitive stand one way or the other.  He said that his neighborhood, which already was living with institutional noise, had been developing a proposal that specifically addresses institutional noise, and that this proposal will soon come before the Council for a vote.

Julie McClintock stated that the Town could achieve financial and environmental accountability in this zone by reaching a strong agreement on financial responsibility before the Council enacts the zone.  If the Town does not make sure that there is a way to pay for this development, she said, then the Town will end up paying for it in high taxes, a new sewage treatment plant, and a line running down to JordanLake.  

Ms. McClintock supported the recommendation to exclude the five parcels.  She suggested scrutinizing the performance standards, such as the one for the environment that says, "development proposed in the development plan shall minimize impacts on natural site features and be accompanied by measured measures to mitigate those impacts."  Ms. McClintock asked citizens if that language makes them feel safe.  Noting how polluted the air is, Ms. McClintock read, "development proposed in the development plan shall be accompanied by measures to mitigate transportation impacts that are caused by the development."  She argued that the Town needs specific standards, including thresholds that must be met, before more development begins.

Ms. McClintock described what she thought the Town might look like if UNC were permitted to do exactly what they proposed with no regulation, and said she agreed with Mr. Capowski's suggestion to act only on what was proposed with the bond projects.  She suggested a "sunset revision" of perhaps eight years for the zone, stating that this would be enough time to build the bond projects and then stop and evaluate whether infrastructure had been able to accommodate that growth.  Ms. McClintock commended the Mayor and Town Council for "not buckling to scare tactics" and for standing up for Chapel Hill.

Martin Feinstein, a Coolidge Street resident who had been a University employee all his working life, expressed resentment over the University's recent actions.  He asked the Town Council to adopt a zoning category that protects neighborhoods and which takes into consideration all of the suggestions that citizens had made during this hearing.  Mr. Feinstein explained that this includes leaving a buffer between the University and surrounding neighborhoods, excluding the triangle of land on South Columbia Street, and allowing the Town to wait and consider those parcels that do not have to be approved right now for the University to develop some of the essential pieces of its eight year plan.

Aris Buinevicius, an RTP business owner, read a statement prepared by his neighbor Elaine Barney.  Mr. Buinevicius said that he and his wife, Claire Horn, agreed with Ms. Barney’s statement.  Ms. Barney’s statement expressed support for additions to the ordinance passed by the Planning Board, particularly sections 16.1 and 16.73, which speak to the issue of protecting neighborhoods adjacent to UNC property.  Her statement said that she was unable to find any mention of a provision for notifying property owners within 1,000 feet of the main campus regarding proposed buildings that could impact residents or neighborhoods.  Ms. Barney’s statement said that this was currently required under O&I-3 and needs to be included in the proposed O&I-4 zoning.  Mr. Buinevicius continued, stating that Ms. Barney’s statement said that neighbors were concerned about whether there would be ample time and opportunity to review the development plan, as well as individual site plans, to determine if there would be any negative impact.  Her statement asked that neighbors be permitted to give their opinions to the Planning Department and the Town Manager.  Ms. Barney’s statement urged the Town Council to resist appeasing UNC at the expense of the Town and its residents, adding that the University was no longer an institution that could be trusted.

Pauline Grimson, who has lived with her husband in the Cameron-McCauley District for almost 25 years, explained that they had already seen an enormous impact on their neighborhood as a result of University growth on south campus.  She listed increased traffic, noise from research buildings, and huge buildings looming over them despite zoning which calls for a buffer.  Ms. Grimson expressed concern about the rezoning of Wilson Court and also the triangle of land on South Columbia Street.  She asked the Town not to rezone these areas, and also to mitigate the effects of the growing University by controlling traffic, enacting a more comprehensive Noise Ordinance, and impelling the University to abide by that ordinance.  Ms. Grimson also asked for appropriate buffers between the University and surrounding neighborhoods.   

Planning Board member Bob Reda cautioned, regarding 2a, that the SUPs could be abandoned without having anything to replace the protections that they put in place, especially regarding the SmithCenter and the area around it.  He noted that there does not seem to be any limitation on height in the O&I-4 zoning district.  Also, Mr. Reda pointed out, the staff has exactly 90 days once this development plan is put forward to make a recommendation to the Council and for the Council to make a decision.  He noted that the Town does not yet know what the plan consists of, and cautioned that it could overwhelm the Planning staff during a time when the Council and others will be on vacation.  Mr. Reda noted that once the development plan is accepted then the Town Council will be committed to passing and approving those site review plans unless they differ significantly from the development plan.

Regarding 2b, Mr. Reda said that he had not heard a justification for changing a number of the areas from their existing zoning to O&I-4.  He suggested rezoning the existing O&I-3 to O&I-4 but putting the other areas on hold and reviewing the impacts as the process goes along.   

Comments and Questions from the Mayor and Town Council

Mayor Waldorf explained that between the public hearing and the time that the issue comes back for a vote the staff will try hard to answer all the questions that had been raised tonight.

Mayor pro tem Pavăo stated that the overwhelming concern that speakers had expressed tonight had motivated him to ask University representatives to clearly explain why they need parcels two through eight and the little triangle of land on the south side of Columbia Street.  Ms. Suttenfield replied that the University would provide a detailed response on the proposed uses, if any, of those parcels.  She pointed out that the proposed rezoning reflects all property that the University currently owns, but that does not mean that they intend to build anything on all of those parcels.  Mayor pro tem Pavăo accepted that, but said that he would still like to know what, if anything, the University expects to do with those properties and when.  

Council Member Brown said that she would like to know the justification for extending beyond what had normally been considered University boundaries.  She asked that this question be added to Mayor pro tem Pavăo's question.

Mayor Waldorf inquired about the sequencing of properties along Mason Farm Road, stating that it would be helpful to her and others to have that answer tonight.  She asked if the yellow areas on the map were all family housing.  Mr. Howes replied that they were, noting that all of the property south of Mason Farm Road had not been included in the University's zoning request.  Mr. Howes asked the Council to hear Dr. Sue Kitchen regarding details about the plans for building student family housing and how this strategy is central to the housing development and redevelopment in the south campus area.  

Mayor Waldorf replied that she would be happy to hear from Dr. Kitchen but wanted to know what the University's phasing needs were in terms of dates of commencement of construction along Mason Farm and Beatty Hill.  Mr. Howes replied that the purpose of the development plan was to outline the phasing of this as well as other areas.  Because this area of the campus was of particular concern to the Town, he said, the University had brought it before the Council tonight. 

Dr. Sue Kitchen explained that the overall plan, which had begun a number of years ago, was to accommodate about 3,000 new beds on campus.  After looking at what was feasible, she said, the University decided to first build four residence halls that will give them 900 spaces.  These will open in two years, she explained, at the same time that the University will remove an entire residence hall complex, which will leave an overall net of 400 new spaces on campus.  Dr. Kitchen explained that the next phase will include the buildings on south campus.

Dr. Kitchen pointed out that the buildings on the map surrounding Beatty Hill and extending along Mason Farm Road contain adequate square footage to allow the University to replace their Odum Village facility.  She acknowledged that they had shifted plans but explained that in each case that was in response to concerns and objections about where the University was building or to what UNC had learned about the topography.  Dr. Kitchen said that the buildings the Town Council was considering represent the next phase, which will be followed by additional apartment construction for undergraduate students on south campus but closer to the existing residence halls.  She summarized that UNC would be building married student housing on the southernmost boundary and developing the four residence hall communities.  They will then fill in the additional housing between those two areas, Dr. Kitchen said, and finally add some housing on the northern campus and will eventually have adequate housing in advance of the anticipated increased enrollment.

Council Member Bateman asked when the University expected the 3,000-student increase.  Dr. Kitchen replied that she would be happy to provide those details at a later time.  Council Member Bateman asked why the information given to residents on Mason Farm Road regarding phasing had changed.  Dr. Kitchen replied that those residents’ comments did not agree with her understanding of what the plan had always been.  She explained that the plan had been to develop the Beatty property and additional housing to the extent needed in order to replace OdumVillage.  She added that University representatives had always said that they see the southern area as appropriate for married housing.  Dr. Kitchen stated that it had always been UNC's understanding that this would relieve some of the pressure created by students living in the community, particularly after enrollment increased.   She said that the University was building as aggressively as they could to bring students back on campus and to keep them there during enrollment growth.

Council Member Foy asked how many units would be contained in the three buildings of married student housing outlined on the map.  Dr. Kitchen replied that there would be 25 units and that it will be three stories high.

Mayor pro tem Pavăo pointed out that the consultant, Adam Gross, had stated that parcels seven, eight and nine would not be touched for ten or fifteen years.  Mr. Howes replied that Mr. Gross had been discussing construction of a road.  He added that Mr. Gross does not remember making any commitments regarding housing construction.  Mr. Howes pointed out that all of these units had been included on the original Master Plan.  Dr. Kitchen added that UNC's expectation had been that the Beatty Hill area alone would contribute 500 units.  She said that after studying the topography, though, they had decreased that projection and decided to move into the areas to the left, which they had originally thought would not be needed.

Mayor Waldorf, pointing out that UNC plans to file its development plan on July 3, 2001, asked what the representatives knew about construction of student family housing along Mason Farm Road and around Beatty Hill.  Is it feasible for all of them to begin at once, she asked, or will some be built before others?  Mr. Howes replied that the current plan was to start with Beatty Hill.  He then indicated on the map what would be constructed next.  Mr. Howes added that UNC was not talking about a long period of construction and that no matter where they start they will reach the others before long.  Dr. Kitchen added that they are planning to open 306 units by the spring of 2005, which will then be followed by undergraduate construction farther north. 

Mayor Waldorf asked when those units would need to be under construction and if they would all be under the same bid.  Dr. Kitchen replied that it was a single project, and that construction would begin in the spring of 2003, with an 18-month to two-year construction phase.  Mayor Waldorf replied that this was exactly the kind of information she was seeking.  

Council Member Brown, pointing out that the Town staff had only six and a half days to respond to citizens' questions, asked UNC representatives why there was such a rush.   She also asked other Council members if the timetable was sacred.  Mayor Waldorf replied that the Council had voted on April 23rd to follow this schedule.  She recommended attempting to keep to that commitment.  Council Member Brown then requested that the public hearing be recessed and that any information provided by the University or staff be available on Thursday morning in places where people could see it and have time to prepare responses and additional comments. 

Council Member Brown requested that the following list of resolutions adopted by the Council confirming the Council’s intentions to protect neighborhoods be put into the record.  Council Member Brown read the following:

Ř      Page 4 – 2.2 Major Themes, bullet 3:  Conserve and protect existing neighborhoods.  Some residential neighborhoods will face pressures for infill development and redevelopment.  This is especially true for neighborhoods immediately surrounding downtown and the main campus of the University of North Carolina at Chapel Hill (UNC).  The character of these neighborhoods needs to be conserved.

Ř      Page 11 – 3.2 Goals, Objectives, and Strategies, under Objectives: Neighborhoods: Protect the physical and social fabric of Chapel Hill’s neighborhoods.

Ř      Page 12 – Strategies and Actions, 3A.  Neighborhood Protection.  Chapel Hill residents believe that protecting the physical and social fabric of neighborhoods is key to maintaining the Town’s community character.  Of particular concern are the neighborhoods that touch and circle the downtown and central campus.  These neighborhoods are rich in history and tradition, are highly valued by residents, and are among the areas of Town that are most susceptible to change.  As indicated in Figure 2, these neighborhoods are designated as “residential conservation areas.”

Ř      What does this designation mean?  It means that it is the stated policy of Chapel Hill that neighborhood protection issues in these areas are paramount.  It means that, when policy choices that affect these areas are before the Town Council (road issues, rezoning proposals, public investment decisions), the balance should tilt in favor of protection and preservation.  It means that when new neighborhood protection initiatives are being considered (small area plans, design guidelines, occupancy or parking restrictions), these are the areas that should be considered first.

Ř      The neighborhoods that have been designated as residential conservation areas are Cobb Terrace, Northside, Cameron-McCauley, Franklin-Rosemary, Westwood, Purefoy Road, Mason Farm, Gimghoul, Laurel Hill, and Glenview.  All neighborhoods in Chapel Hill are important, and all face issues of one kind or another.  But when the forces of change threaten to significantly damage the existing fabric of our residential areas, it is these “inner circle” neighborhoods that are likely to feel the pressures first and hardest, and it is here that policy makers need to be particularly attentive.  Strategies and actions should be designed not only to protect these areas, but also to make them attractive or a spectrum of longer-term residents, through improved amenities, enhanced safety, and other initiatives that encourage age and income diversity.  Local residents should be actively involved in any proposed changes to their neighborhoods through an open public process.

Ř      Page 28 – related to 4.0 – Relations with the University/Health Care System – Neighborhoods affected by growth on the campus should continue to be included in the planning process.

Ř      We believe the University should incorporate into its development plans measures to address those community impacts, by providing infrastructure improvements, sharing in the costs of needed facilities and services, taking off- and on-site steps to minimize the creation of negative impacts, and to ensure the preservation of existing Chapel Hill neighborhoods.

Ř      Both the Town and the University need to recognize that there could very well be a point when the cumulative impacts of University and Town growth on our natural resources and our public facilities are such that no amount of mitigation would be possible and still retain the charm of the Town and the quality of life which both the citizens of the Town and the State of North Carolina expect from Chapel Hill.  A process involving the Town and the University should be established to develop a set of standards regarding natural resources and public facilities and our expected quality of life and then to monitor and evaluate the impacts of growth on those standards and look for alternatives for development when a saturation point has been reached.

Ř      We further request that the University refrain from purchasing property in residential neighborhoods.

§         Potential New Zoning District: Office-Institutional-4 which includes the following:

Ř      A perimeter sub-zone shall be established using the University’s current property line.  Distance and standards for this sub-zone shall be established after a public process involving citizens, Town and University officials.

Council Member Brown pointed out that one resolution says that neighborhoods affected by growth on campus should be included in the planning process.  She noted that there is little time to do so.  She then asked the staff to comment on how the Comprehensive Plan is not part of the ordinance as required.  She inquired about how to include something that would respond to the resolution regarding limits of growth, and asked that "construction of parking decks" be clarified.  Council Member Brown noted the difference between the "encouraging" development plans and "requiring" them.  She asked why such indefinite language was used and why Council oversight was not included.

Council Member Bateman asked to know about the square footage and requested a figure that would separate the bond-specified projects from the overall square footage.

Mayor Waldorf summarized that Council members were asking that, as part of consideration of the proposed ordinance and rezoning, the bond projects be spelled out, even though the process that they had been following would have those details coming forward in the development plan.  Council Member Brown replied that she wanted a list of bond projects, and that this was in response to what the Council had heard from citizens tonight.

Council Member Bateman commented that the Town had entered this project because it wanted to work with the University to make sure that the State bond projects were built quickly.  She noted that many things had changed since then and said that she wanted, at least, to understand the new square footage.

Mayor Waldorf pointed out that the new square footage was not before the Council tonight, but was part of what would be before them in a development proposal.  She said that tonight's public hearing, as well as the Council's vote on July 2nd, concerned the wording and parameters of an ordinance and the outlines of a zoning district.  Mayor Waldorf stated that the Council would consider square footage issues, bond projects and so forth as part of the consideration of the development plan, which is more like a SUP.  Mr. Horton agreed that this was the process that the Council had outlined.

Council Member Foy commented that information about building placement would address Council Member Bateman's question.  He added that it is clear that parcels seven, eight and nine do not include bond projects and that part of Council Member Bateman's question was whether other portions that are requested for rezoning contain bond projects.   Council Member Bateman said that this was what she wanted to know. 

Council Member Evans said that it would be helpful to know how infrastructure that is removed, such as parking, will be replaced.  Regarding pedestrian traffic, she noted that areas get fenced off during construction, making it difficult for pedestrians to move around, and asked for information on how that will be handled.

Council Member Ward noted that Ms. Suttenfield had justified rezoning the outlying areas by saying that they were University property.  Noting that the University had not asked to rezone three other parcels, he inquired about why they were asking for rezoning at the same time that they were saying that they have no intentions to change the land use.  Council Member Ward said that the University was causing unnecessary concern among neighbors if they did not intend to change the land use.  Mr. Howes replied that the University does not plan to develop that area within the first eight years.  Regarding the property south of Mason Farm Road, he explained that a new road would connect Fordham Boulevard with Mason Farm Road.  Mr. Howes added that the University was uncertain about when that could be done, but might ask for an amendment to the development plan at a later date.

Council Member Ward asked if the development plan is going to be on the order of five million square feet.  Mr. Howes replied that the plan covers the existing O&I-3, plus the properties along Mason Farm Road.  He said that it focuses primarily on redevelopment of the north campus, construction of a new science complex and the arts corridor, development along the south campus, and significant addition to the hospital and research buildings for UNC Healthcare and the medical school.  Mr. Howes noted that the project totals more than five million square feet.

Council Member Ward then asked the staff if they were prepared to evaluate that size project in the timeframe allowed.  Mr. Horton replied that the Town expects a very thorough, complete, and high-quality submittal from the University, which will facilitate review.  He stated that it will be difficult, but possible.

Regarding the SmithCenter, Council Member Ward asked the staff and the University to see what could be done to maintain the protection afforded by the SUP that will be negated as soon as the O&I-4 is adopted and the University requests that it be null and void.  Regarding the first paragraph on page seven, he suggested changing the word "encouraged" to "required."  Council Member Ward also asked for a reaction from the Town staff regarding the timing of passage of the Noise Ordinance, and determined from Mr. Horton that UNC would be required to improve stormwater runoff, not merely keep from worsening it. 

Council Member Wiggins asked where district R-2 (83,000 square feet) was located.   Ms. Suttenfield replied that this was traditional information that is submitted with all such applications.  Council Member Wiggins replied that she did not understand the answer.  Mr. Horton said that the staff would clarify that in writing. 

Mayor Waldorf asked if it was correct that the University and UNCHospitals had worked together on this, including the request on what the perimeter of the zoning would be, even though they were technically separate entities.  Mr. Howes replied that it was correct.   Mayor Waldorf asked if this meant that Mr. Howes and Ms. Suttenfield were speaking for the Hospital corporation as well.   Mr. Howes noted that Mary Beck, Senior Vice President for Planning at UNC Healthcare, was present and could answer.

Mayor Waldorf asked Ms. Beck if the University and the Hospital were in agreement that this is all the land that will be needed for as long as anyone can conceive of.  Or, Mayor Waldorf asked, does the Hospital have a Master Plan separate from the University's that transgresses these boundaries.  Ms. Beck replied that the Hospital's Master Plan works in a parallel track with the University's.  She outlined the process through which the Hospital had determined what its future facilities needs would be and said that they had coordinated that with the University.  Ms. Beck added that the Hospital's plans were reflected in the drafts presented by the University and that the Hospital did not see itself developing into other areas except for community clinics and so forth.  Mayor Waldorf inquired about the time horizon for the planning process.  Ms. Beck said that it would be about ten years.  Mayor Waldorf then asked if the Hospital had any plans to go beyond this perimeter within the next ten years.  Ms. Beck replied that they did not.  Mayor Waldorf noted that the University would not make any effort to go beyond the perimeter for the next 30-50 years.

Council Member Brown asked the staff if they would respond to every comment and question that had been made tonight.  Mr. Horton said that the staff would do its best to do so.  Council Member Brown suggested that the Council ask the staff to bring the Noise Ordinance to either the first meeting at the end of August or the first meeting in September.  Mayor Waldorf expressed support for that request, but asked Mr. Horton if that was manageable.  He replied that he could not say for sure without consulting the staff member who was leading that work. 

Council Member Foy agreed that the development plan needed to adhere to the new noise standards.  He also asked the Council to specifically address the issue of tying the Development Ordinance revision for O&I-4 to the standards, noting that there should be some assurance that the standards are adhered to.

Council Member Ward pointed out that there do not seem to be any changes in existing conditions in some areas, which means that they do not fall under the need for rezoning.  He asked the University and staff to response to that.

Mayor Waldorf asked the University to work with the Town on phasing and to consider that it means more than just a timetable for when housing gets built.  Phasing, she said, also means that buffers are retained as long as people are living there.  Mr. Howes replied that the University would welcome a proposal from the Town for a formalized involvement by neighbors.  He said that the University would solicit citizen involvement, but would welcome assistance and advice on that from the Town.

Town Attorney Ralph Karpinos noted that the Council may continue to receive public comment on this item between now and July 2, 2001.  But, in the interest of allowing the Manager to prepare a timely report as required by the ordinance after the hearing is complete, he recommended that the Council adopt a motion to close this formal hearing with the understanding that citizens may continue to present information.  The Manager's written report, Mr. Karpinos explained, will be deemed sufficient, though, if it responds only to the hearing that is ending tonight.

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING WITH THE UNDERSTANDING THAT CITIZENS MAY CONTINUE TO PRESENT INFORMATION BUT THAT THE TOWN MANAGER'S WRITTEN REPORT WILL BE DEEMED SUFFICIENT IF IT IS A RESPONSE TO THE HEARING THAT IS ENDING TONIGHT.

Council Member Brown asked for clarification.  Mr. Karpinos repeated what he had said, emphasizing that the Manager would not be required to submit another written final report even though citizens may continue making comments.

Mayor pro tem Pavăo called the question.  Council Member Brown said that she would vote against the motion because it was not fair.

 

THE MOTION WAS ADOPTED (7-1), WITH COUNCIL MEMBER BROWN VOTING NAY.

Mayor Waldorf referred to a memo regarding promoting a community gym at MeadowmontElementary School and said that the suggestion had been made that she write a letter to the School Board asking them to contribute financial support.  Council members agreed by consensus that Mayor Waldorf should write the letter.

MAYOR PRO TEM PAVĂO MOVED, SECONDED BY COUNCIL MEMBER FOY, TO GO INTO CLOSED SESSION TO CONSULT WITH THE TOWN ATTORNEY ON MATTERS INVOLVING THE ATTORNEY-CLIENT PRIVILEGE AND POTENTIAL LITIGATION.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Waldorf said that the Council did not expect to report after this closed session.

The meeting adjourned at 10:15 p.m.