SUMMARY MINUTES OF A PUBLIC HEARING

OF THE CHAPEL HILL TOWN COUNCIL

Wednesday, April 23, 2003, at 7:00 p.m.

Mayor Kevin Foy called the meeting to order at 7:00 p.m.

Council members present were Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

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, Senior Development Coordinator J.B. Culpepper, Principal Planner Gene Poveromo, and Acting Town Clerk Vickie Hackler.

Mr. Horton asked to reschedule Agenda Item #3, Concept Plan for Montclair Estates, to May 19, 2003.  Two personal emergencies had required the applicant to be out of Town, he said.   Council members agreed by consensus to reschedule the hearing to May 19 as requested.

Item 1 - 1723 Homestead Road Subdivision:

Application for Preliminary Plat Approval

Senior Development Coordinator J.B. Culpepper explained that this preliminary plat application was for creating three buildable lots on a 1.25-acre property on the south side of Homestead Road.  She stated that this was considered to be a major subdivision because public sewer service would be extended to it.  Ms. Culpepper displayed a photo of the property and pointed out a 30” hardwood tree which the applicant would preserve.  She noted an existing house, on lot A, as well as a proposed recreation area in the center of the site.  Ms. Culpepper explained that the applicant had offered a condition that would subject one of the parcels to the small house floor area provisions of the Land Use Management Ordinance (LUMO).  The staff was recommending approval, she said.

Preston Nisbet, Developer, explained that he wanted to build two additional houses and rent them to families.  He pointed out that the area was within walking distance of schools.  Mr. Nisbet said he had applied to the Orange Water and Sewer Authority (OWASA) for a sewer extension.  He added there would be a common driveway for all three lots.

Council Member Ward ascertained that a homeowners' association would maintain the driveway and the garden/orchard area.  Mr. Nisbet explained that an existing well, which would be used for irrigation, would also be maintained by the homeowners' association. 

Council Member Ward asked how children living in the subdivision would get to school since there are no sidewalks along the road.  Mr. Nisbet replied that it was not feasible to build a sidewalk on the south side of Homestead Road, which abuts a drop off in a couple of locations.  He said other children currently walk along a path on the north side and cross over at High School Road.

Council Member Bateman determined that Mr. Nisbet would maintain the property himself, but was putting a homeowners' association in place for the future.  She asked him to indicate on the map how children would walk to the schools.  Mr. Nisbet pointed out the route they would follow, utilizing a path along the shoulder of Homestead Road and then cross over to High School Road.

Mr. Nisbet stated that he had met with the adjacent property owner to address the possible impact of sewer construction on her property and that they had agreed to look at the issue together.

MAYOR PRO TEM EVANS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECESS THE PUBLIC HEARING TO MAY 12, 2003.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER STROM, TO RECEIVE THE APPLICATION AND REFER IT TO THE MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 2 - Concept Plan Review:  Erwin Road Subdivision

Principal Planner Gene Poveromo described the proposal for a 41 lot residential development on 30 acres of land on Erwin Road, south of Interstate 40.  He explained that 25 of the lots would contain single-family dwellings and the remaining 16 would be duplexes.  Mr. Poveromo noted that about one-third of the site was in the Resource Conservation District (RCD), and that there were some wetland areas.  The property is in an R-1 zoning district, he said, adding that the Comprehensive Plan defines the area as Residential with 1-4 units per acre. 

Dawn Heric, Planning Director for the John R. McAdams Company and representing Grande Park LLC, explained that the developer's local representative had been called out of Town due to a family member's illness.  She pointed out that they were going through the process again because the initial plan had been changed as a result of the new requirements of the Town's Land Use Management Ordinance (LUMO).  Ms. Heric noted that the most significant change was their request for a Special Use Permit (SUP) for planned development housing.  She explained that the purpose of the SUP was to allow a wider variety of lot sizes and to allow 16 of the homes to be duplexes.

Ms. Heric explained that the developer needed a variety of lot sizes in order to keep all of the lots out of the RCD.  The developer is requesting the duplexes, she said, so that six of them can be affordable units.  Having them as duplexes will make the affordable units appear similar in size and detail to the market rate units, Ms. Heric said.  She noted that the RCD had been modified to accommodate the new ordinance and that the disturbed area had been reduced by more than two acres from what they had previously proposed.  Ms. Heric noted that nearly 40% of the site would remain undisturbed forestland and that about 15% would be impervious surface.  She said the stormwater management would be provided as required by the new LUMO.

Ms. Heric pointed out that the site design was similar to a "conservation subdivision," which minimizes land used for development and maximizes open space.  She reviewed the site plan and noted the tot lot, playing field, and buffer. Ms. Heric addressed traffic issues and said the development would not contribute to the flooding problem in the area.  She acknowledged that there was a problem, though, and said the applicant had offered to share the cost of determining its source.  Ms. Heric stated that the applicant was studying the potential noise from I-40 and the length of the cul-de-sac.  She indicated that duplexes were dispersed throughout the site and explained that the applicant was considering alternatives to wet ponds.  Ms. Heric said the applicant had attempted to meet with the neighborhood's representative, Mark Cate, and would do so as soon as possible.

Terry Eason, Chair of the Community Design Commission (CDC), directed the Council’s attention to the CDC's written summary, included in agenda materials.  He noted an additional comment regarding the environmental sensitivity of this area. 

John Sampson, a resident of Englewood subdivision, discussed traffic, sound pollution, water drainage, and the special natural environment of the area.  The entrance to this proposed "island community" would be on a very dangerous part of Erwin Road, he said, adding that a left and right turn lane would make a substantial difference.  With regard to sound pollution, Mr. Sampson stated that the applicant had not addressed the CDC's recommendation for an effective sound barrier.  He recommended studying the 100-year floodplain and its relationship to the RCD, stating that the way it had been presented did not seem accurate. 

Mr. Sampson recommended that the Council insist that all new developers in the area preserve every possible tree because trees soak up water.  He pointed out that the development was up the slope from Cedar Terrace Bottoms, which he described as a beautiful area that the Triangle Land Conservancy had recommended conserving since it is one of three areas in Orange County of important biological diversity.  Mr. Sampson proposed that there be independent assessment of some of these issues, and that people who want to change the area should bear the burden, not taxpayers. 

Mayor Foy asked Mr. Sampson to indicate on the map where his backyard was in relation to the RCD and the proposed development.  Mr. Sampson did so, adding that the water situation was not this bad when he moved in two years ago.  It had grown worse with the development in the area, he said.

Matt Barkley, an Englewood Drive resident, displayed pictures taken from his back porch before and after a three inch rainfall in mid-March 2003.  Water at the deepest location was about 30 inches, he said, adding that the problem would increase when the area is further developed.

Mark Newman, an Englewood Drive resident, stated that without major accommodations in design to adjust to the traffic pattern, the entrance to this development would lead to accidents.  At the very least, he said, turn lanes of substantial length should be added in both directions and the N.C. Department of Transportation (NCDOT) should be consulted to see if a safe entrance is possible on this part of Erwin Road. 

Mr. Newman noted the “glaring impact” of increased storm run-off into the Cedar Terrace Bottoms.  He stated that water in his backyard was deeper than 30 inches and encouraged Council members to visit and see for themselves.  While the Town cannot change what has already been built, Mr. Newman said, it can be extremely cautious and not add further negative impact to this very sensitive area.  He suggested instituting a conservation easement and having the Army Corp of Engineers officially redraw the 100-year floodplain before any more development is considered.  Mr. Newman commented that the three-foot elevation relative to the current floodplain in the new LUMO might not be adequate to protect both current and future property owners from flooding.  He asked Council members to ensure that development contributes to and preserves the Town's vanishing assets.

Council Member Strom requested that the staff include the Land Conservancy inventory in the report that comes back to the Council.  He also asked for information on NCDOT’s High Occupancy Vehicle (HOV) lane study, which calls for a dedicated entry point from I-40 to the HOV lanes at Erwin Road.  Council Member Strom wondered what the implications of that would be for the area and what opportunities the Town would have to weigh in on such an entry point.

Council Member Ward expressed support for finding alternatives to wet ponds.  He hoped the affordable units would be thoroughly distributed throughout the project, he said, and recommended having two access points to the greenway.  On the face of it, said Council Member Ward, this might be more housing than what appropriately fits the spot. 

Mayor pro tem Evans asked Mr. Eason if the CDC had addressed sound barrier walls prior to this discussion.  Mr. Eason replied that some CDC members thought those barriers were aesthetically acceptable but others did not think they were acoustically effective.  Mayor pro tem Evans asked if there had been any discussion by the CDC regarding noise abatement in relation to construction.  Mr. Eason replied that he had not remembered such a discussion within the past six years or so.

Mayor Foy, noting that I-40 would be widened to six lanes in Orange County, asked the Manager to bring back information on who would pay for noise abatement, which would benefit other neighborhoods and Town lands as well.  He stated that the neighbors were raising a valid point about how drivers would get in and out of this development.  Mayor Foy suggested that the developer or the Town initiate a discussion about turn lanes and about reducing the speed limit farther north on Erwin Road. 

With regard to the floodplain, Mayor Foy said it seemed reasonable to adjust the lines if things have changed dramatically.  He asked if the Army Corps of Engineers might study this one section.  Mr. Horton replied that he did not think it was possible to have an Army Corps study of just one section.  He pointed out, though, that the Town had been seeking a restudy for 10 years and that it might be done fairly soon. 

Ms. Heric commented that the developer had wondered if the culverts under I-40 were clear.  She suggested looking at that as well. 

Council Member Kleinschmidt described the duplex option as attractive, but inquired about the four affordable units that back up to I-40.  Ms. Heric explained that those units had been randomly indicated on the map and there was no plan to cluster them there.  Council Member Kleinschmidt emphasized that they should be distributed fairly.  Ms. Heric replied that one of the applicant's goals was to integrate affordable housing into the neighborhood. 

Mayor pro tem Evans commented that she had seen projects where you cannot tell the difference between affordable and market rate housing when looking at the pictures.  Even though it is unique to design duplexes that look like single family homes, she said, it can be done and it is a great idea.

Council Member Bateman asked if this development would fall under the School’s Adequate Public Facilities Ordinance (SAPFO).  Mr. Horton replied that the developer had not filed an application yet so the staff could not answer that question. 

Council Member Ward stated that the SAPFO was optimistically expected to take effect in May, but it would not create an immediate moratorium. 

Council Member Bateman verified that SAPFO would apply to developments that had been in the pipeline before it took effect.  Mr. Horton added that he thought every developer in the pipeline was aware of that.  Mr. Waldon said the current plan is that SAPFO, when adopted, would apply to any new applications that are filed.

Council Member Verkerk said she supported the project, except for the Erwin Road problem.  She suggested thinking holistically about Erwin Road because of the number of new projects that had been recently approved for that area. 

Mayor Foy asked Ms. Heric what the traffic study had included.  Ms. Heric replied that the Town's traffic consultant would have included any approved but not constructed development, as well as any known applications that were on the verge of approval.  It would also include a growth rate for the area consistent with how growth had occurred in the past, she said.  Ms. Heric explained that the applicant had studied the entrance location, the adequacy of the roads, and the intersections with the addition of this development.  They had determined that the roadways would continue to serve at an acceptable level after development of this project, she said.  Mr. Horton remarked that he felt a need to point out that the staff had not made any study of this concept plan, which is not an application, and were not prepared to comment on a traffic analysis or any other aspect of it.

Council Member Kleinschmidt asked what a "linear wetland" was.  Ms. Heric replied that the topography dictates its shape.  Mr. Horton added that anything designated as a wetland is off limits for development of any type. 

Council Member Harrison said the problem at Erwin Road was the quality, not the quantity, of the traffic.  He pointed out that much of the traffic moves through there above the speed limit, and stressed the danger of creating an intersection at that location.  Council Member Harrison urged the staff and Council to consider that carefully if this comes back as an application.  He stated that noise walls help only those who live right next to them.  Council Member Harrison spoke in favor of finding alternatives to wet ponds for handling Stormwater.  He said that showing sewer lines on site plans would give a more accurate picture of the amount of tree removal required.  Council Member Harrison thanked the CDC for addressing so many issues.  He guessed that the linear wetland was a retired drainage ditch that someone had dug, and said that the culvert under I-40 might be undersized.  Council Member Harrison clarified that a concept plan was not a true application and recommended making that clearer to developers when they come in.

Mayor Foy ascertained that written comments from Mr. Cates would be referred to the staff.  

COUNCIL MEMBER HARRISON MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-1.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR THE ERWIN ROAD SUBDIVISION (2003-04-23/R-1)

WHEREAS, a Concept Plan has been submitted for review by the Council of the Town of Chapel Hill, proposing general development plans for a project on Erwin Road, called Erwin Road Subdivision; and

WHEREAS, the Council has heard presentations from the applicant, the Community Design Commission, and citizens; and

WHEREAS, the Council has discussed the proposal, with Council members offering reactions and suggestions;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council transmits comments to the applicant regarding this proposal, as expressed by Council members during discussion on April 23, 2003, and reflected in minutes of that meeting.

This the 23^rd day of April, 2003.

Item 3 - Concept Plan Review: Montclair Estates

This item was deferred to May 19, 2003.

The meeting adjourned at 8:25 p.m.