Town Council
Regular MeetingChapel Hill, NC · September 19, 2018
Minutes
Town Hall
TOWN OF CHAPEL HILL 405 Martin Luther King Jr.
Boulevard
Town Council Chapel Hill, NC 27514
Meeting Minutes - Final
Mayor Pam Hemminger Council Member Nancy Oates
Mayor pro tem Jessica Anderson Council Member Michael Parker
Council Member Donna Bell Council Member Rachel Schaevitz
Council Member Allen Buansi Council Member Karen Stegman
Council Member Hongbin Gu
Wednesday, September 19, 2018 7:00 PM RM 110 | Council Chamber
Roll Call
Present: 9 - Mayor Pam Hemminger, Mayor pro tem Jessica Anderson,
Council Member Donna Bell, Council Member Allen Buansi,
Council Member Hongbin Gu, Council Member Nancy Oates,
Council Member Michael Parker, Council Member Karen
Stegman, and Council Member Rachel Schaevitz
Other Attendees
Town Manager Maurice Jones, Deputy Town Manager Florentine Miller, Town
Attorney Ralph Karpinos, Communications Specialist Mark Losey, Planner II
Michael Sudol, Planning and Development Services Director Ben Hitchings,
Operations Manager Judy Johnson, Community Resilience Officer John
Richardson, Public Works Director Lance Norris, Emergency Management
Coordinator Vencelin Harris, Fire Chief Matt Sullivan, Police Chief and Executive
Director for Community Safety Chris Blue, Fire Inspector Greg Peeler, Community
Outreach Coordinator Len Cone, Deputy Town Clerk Amy Harvey
OPENING
0.1 Chapel Hill Response to Hurricane Florence. (no attachment) (* [18-0751]
added 9/18/18)
Mayor Hemminger opened the meeting at 7:00 pm, and apologized for
inadvertently scheduling it on Yom Kippur. She said that the Erwin Road
concept plan had been moved to October 17th because of the holy day.
0.0 Successes Video. [18-0759]
Mayor Hemminger introduced a video that documented how the Town
Manager and staff had addressed recent Hurricane Florence. She pointed
out that the hurricane had dumped nine inches of rain in Town over a
four-day period. The video showed the Town's emergency efforts before,
during, and after the storm. Mayor Hemminger thanked staff and the
many volunteers who had participated in preparations and recovery.
Page 1 of 17
Town Council Meeting Minutes - Final September 19, 2018
Town Manager Maurice Jones made preliminary remarks about the Town's
response to the hurricane and introduced other staff members to provide
details. Police Chief Chris Blue praised residents for staying off the roads
during and after the storm. Public Works Director Lance Norris discussed
preparations for the storm, the emergency response, and the clean-up
efforts. EMS Coordinator Vence Harris reported on flooding issues and
evacuations. Fire Chief Matt Sullivan talked about the Town's efforts to
help other communities across the state.
Mayor Hemminger thanked staff for the time, effort, and dedication that
they had expended, and then she and the Council gave them a standing
ovation. Mayor Hemminger also thanked the University of North Carolina
at Chapel Hill (UNC) and UNC Hospitals for support, materials, and other
resources. Community support had been amazing and well-coordinated,
she said. Mayor Hemminger pointed out that local businesses had suffered
as well and she encouraged citizens to go out and show support.
0.2 Proclamation: Diaper Need Awareness Week [18-0760]
Mayor pro tem Anderson read a proclamation declaring September 24-30,
2018 as Diaper Awareness Week in Chapel Hill. She explained that the
high cost of diapers was an economic hardship for some families, which
were generally required to provide a supply of diapers if they wanted their
infants and toddlers to be accepted in childcare and early education
programs. Mayor pro tem Anderson encouraged citizens to donate to
diaper banks, diaper drives, and organizations that distribute diapers to
families in need.
Michelle Old, founder and executive director of the North Carolina Diaper
Bank, said that three branches of the Diaper Bank had distributed millions
of diapers statewide. Diapers cost up to $100 a month, she pointed out.
Ms. Old said that most of the families the Diaper Bank helped were
working but received no assistance with that cost.
0.3 Proclamation: Constitution Week. [18-0761]
Council Member Schaevitz said that September 17, 2018 would mark the
231st anniversary of the US Constitution's adoption. She read a
proclamation declaring the week of September 16-22, 2018 as Constitution
Week in the Town of Chapel Hill. The proclamation encouraged citizens to
reaffirm the ideals of liberty, equality and justice by reflecting and
vigilantly protecting the freedoms guaranteed by the Constitution. Council
Member Schaevitz recommended that residents also reflect on what being
an active and contributing citizen means.
Jane Hogan and Cynthia Hukey accepted the proclamation on behalf of the
the Davie Poplar chapter of the Daughters of the American Revolution, a
185,000-member women's volunteer service organization founded in 1890
and dedicated to historic preservation, education and patriotism. The
Page 2 of 17
Town Council Meeting Minutes - Final September 19, 2018
Davie Poplar chapter was organized in 1928 and had 133 members, Ms.
Jane Hogan said, and she mentioned several projects in which they were
involved.
0.4 Proclamation: International Walk to School Day. [18-0762]
Council Member Stegman read a proclamation that addressed the
environmental and personal health benefits of biking and other forms of
physical activity for children. She noted that driving children to school
contributed to traffic congestion and air pollution. Council Member
Stegman proclaimed October 10, 2018 as International Walk to School Day
in the Town of Chapel Hill and encouraged all students and parents to
walk to school on that and every day.
Director of Community Outreach Lynn Cone said that the number of
students and parents who walk to school in Town had been growing each
year. She encouraged all to continue those healthy habits throughout the
year.
PETITIONS FROM THE PUBLIC AND COUNCIL MEMBERS
Petitions and other similar requests submitted by the public, whether written or oral,
are heard at the beginning of each regular meeting. Except in the case of urgency
and unanimous vote of the Council members present, petitions will not be acted
upon at the time presented. After receiving a petition, the Council shall, by simple
motion, dispose of it as follows: consideration at a future regular Council meeting;
referral to another board or committee for study and report; referral to the Town
Manager for investigation and report; receive for information. See the Status of
Petitions to Council webpage to track the petition. Receiving or referring of a
petition does not constitute approval, agreement, or consent.
a. Hank Elkins of Orange County Justice United Affordable [18-0763]
Housing Team Regarding Master Leasing Proposal.
Hank Elkins, an Orange County Justice United Housing Action Team
member, asked the Town to evaluate a master leasing plan that his team
had developed with the Chamber of Commerce, affordable housing
providers, and county residents. The plan was a strategy to move
residents with extremely low incomes, and other barriers, into commercial
housing quickly and cost-effectively, he said. Mr. Elkins reported that his
team had met with the Town's and Orange County's housing advisory
boards and with Mayor Hemminger and Council members.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Bell, that this Petition be received and referred to the Mayor Town
Manager. The motion carried by a unanimous vote.
b. Calvin Deutschbein Regarding Recent Community Policing [18-0764]
Advisory Committee Meeting.
Page 3 of 17
Town Council Meeting Minutes - Final September 19, 2018
Calvin Deutschbein, a Community Policing Advisory Committee (CPAC)
member, reported on a recent meeting at the Chapel Hill Public Library
that was focused on creating a positive vision for what policing could look
like in the broader community, including UNC. He listed some of the topics
that had been discussed and requested that Mayor Hemminger clarify
whether or not the Town could guarantee that sheriff's deputies not be
present at McCorkle Place. Mr. Deutschbein praised the Town for having a
CPAC and he recommended moving toward a citizen review board.
c. Julie McClintock of CHALT Regarding Land Use [18-0765]
Intensification.
Julie McClintock, representing CHALT (Chapel Hill Alliance for a Livable
Town), submitted written comments asking the Council to reevaluate its
current emphasis on land use intensification. She recommended that the
Town examine its financial and ecological constraints and the amount of
new construction that had been approved or was in the pipeline. She
stressed the importance of taking the significant impacts of climate
change into account. Ms. McClintock outlined specific steps that CHALT
believed the Town should take.
A motion was made by Council Member Parker, seconded by Mayor pro tem
Anderson, that this Petition be received and referred to the Town Manager
and Mayor. The motion carried by a unanimous vote.
PUBLIC COMMENT - ITEMS NOT ON PRINTED AGENDA
ANNOUNCEMENTS BY COUNCIL MEMBERS
a. Mayor Hemminger Regarding the Ackland Art Museum's Red [18-0766]
Ball Celebration.
Mayor Hemminger announced that the Red Ball project would begin the
next day as part of a mobile public arts exhibit associated with the
Ackland Museum. She read a description of that exhibit, which would
spend three weeks in Town and then move to seven different locations.
b. Mayor Hemminger Regarding Justice in Action Committee's [18-0767]
Community Forum Regarding Criminal Justice Debt in Orange
County.
She said that the a Justice in Action community forum on the impact of
criminal justice debt in Orange County would be held in Council Chambers
the following evening at 6:00 pm.
c. Mayor Hemminger Regarding IFC Community House Shelter [18-0768]
Community Meeting.
The Inter-Faith Council's Community House shelter community would hold
a public meeting on Monday, September 24th, at 6 pm at the United
Page 4 of 17
Town Council Meeting Minutes - Final September 19, 2018
Church of Chapel Hill, she said.
d. Mayor Hemminger Regarding Community Workshops on UNC [18-0769]
Draft Master Plan.
Mayor Hemminger said that community workshops regarding UNC's draft
master plan would occur on September 24th and 25th at the Frank Porter
Graham School's student union.
e. Mayor Hemminger Regarding Upcoming Inter-City Visit to [18-0770]
Lawrence, Kansas.
On Sunday, Town Council members and staff would participate in an
intercity visit to Lawrence, Kansas to learn and to bring back new ideas
from a similar university town, she said.
CONSENT
Items of a routine nature will be placed on the Consent Agenda to be voted on in a
block. Any item may be removed from the Consent Agenda by request of the Mayor
or any Council Member.
Approval of the Consent Agenda
A motion was made by Mayor pro tem Anderson, seconded by Council Member
Parker, that R-1 be adopted, which approved the Consent Agenda. The motion
carried by a unanimous vote.
1. Approve all Consent Agenda Items. [18-0742]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
2. Enact Annual Budget Ordinance to Re-appropriate Funds for [18-0743]
Prior Year Encumbrances and Other Obligations.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
3. Adopt Minutes from June 26, and July 10, and September 13, [18-0744]
27, and October 11, 18, 2017 Meetings.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
3.1 Amend the 2018 Council Calendar. (*Item added 9/18/18) [18-0750]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
INFORMATION
4. Receive Upcoming Public Hearing Items and Petition Status [18-0745]
List.
This item was received as presented.
Page 5 of 17
Town Council Meeting Minutes - Final September 19, 2018
DISCUSSION
5. Consider an Application for Special Use Permit Modification- [18-0746]
The Oaks Condominiums Stormwater Drainage Improvements,
101 Oak Tree Dr.
Planner Michael Sudol pointed out that a presentation on a Special Use
Permit (SUP) modification for drainage improvements at The Oaks had
been given at a previous public hearing. There had been no public
comment, so he was recommending that the Council close the public
hearing and adopt Resolution A for approval, he said.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Buansi, to close the Public Hearing and adopt R-3. The motion
carried by a unanimous vote.
ZONING ATLAS AMENDMENT(S) and SPECIAL USE PERMIT(S)
The development proposal(s) below involves two separate steps: a rezoning
application and an application for a special use permit. These two hearings will be
conducted separately. You may sign up to speak on each item.
ZONING ATLAS AMENDMENT(S)
Zoning Atlas Amendment: The Zoning Atlas Amendment, to change the zoning
designation on this property, is Legislative. The Council receives and considers
public comment on the merits of the proposed rezoning, including opinions, when
making Legislative decisions.
6. Consider an Application for Zoning Atlas Amendment - [18-0747]
Eastowne Redevelopment Medical Office Building - 1, 100
Eastowne Drive.
Mayor Hemminger reviewed the history of public hearings on this item.
She said that the approval process had been delayed since June, but there
had been public meetings and offline conversations during that time.
According to SUP rules, such conversations were considered ex-parte
communications and should be disclosed, she said.
Mayor Hemminger stated that she had had several meetings over the
summer with the applicant, staff, Community Design Commission (CDC),
Planning Commission (PC) members and other Council members. She had
not formed a fixed opinion on the matter, she said, and she asked other
Council members if they had done so.
One by one, each Council member explained that they had received emails
from concerned citizens and had conversed with the Mayor, Town Manager,
and other Council members. None had formed fixed opinions and all were
coming into the discussion with open minds, they said.
Page 6 of 17
Town Council Meeting Minutes - Final September 19, 2018
Mayor Hemminger commented that there had been more conversations
than was typical for an SUP process because the proposed UNC Healthcare
project represented a change in a gateway to Town. There had been
concerns about scale and traffic, and the Town was trying to make sure
that all questions, concerns, and viewpoints had been considered. The
Council had therefore asked for more time to work together to come to a
better place, she said.
Town Manager Maurice Jones introduced the rezoning (ZAA) proposal. He
said that the project would include demolishing four buildings and
constructing one six-story medical office and clinic building at the corner
of Eastowne Drive and Highway 15-501. In addition, UNC Healthcare was
proposing to build a utility building and a 1,100-space parking garage, he
said.
Mr. Jones noted that UNC Healthcare had been working with the Town to
develop solutions to concerns raised after the initial public hearing. He
said that recent changes included a reduction in height to 90 feet,
inclusion of a traffic impact analysis (TIA), and a commitment by the
applicant to revisit that TIA in one year to address any traffic issues that
the project might cause. UNC Healthcare had made a commitment to
including a Town representative in its master planning process for future
phases of the project and had agreed to a series of stipulations, Mr. Jones
said.
Judy Johnson, operations manager of Planning and Development Services,
pointed out that both a ZAA and SUP were before the Council and that
each would be addressed separately. She reviewed the rules for those
processes, but said that staff recommended varying slightly and not
voting on the ZAA until after hearing information on the SUP modification
as well.
Mayor Hemminger agreed that the recommended change in the process
made sense in the current context.
Ms. Johnson said that the ZAA had been reviewed by staff and the PC and
had been presented at a public hearing in May, 2018. She showed the
site location on a map and indicated nearby buildings, including the
Pinegate Apartments. Ms. Johnson said that the Town's Future Land Use
Map designated the area for mixed use/office/commercial use. The
existing zoning was Office/Institutional 2 and the applicant was
requesting a change to Office/Institutional 3, she said. Ms. Johnson
recommended that the Council receive the staff's report, close the public
hearing, adopt Resolution 5, and enact Ordinance 2.
Simon George, vice president for Real Estate at UNC Healthcare, began
the applicant's PowerPoint presentation with a broad overview of the
development area and the proposal to develop one site.
Page 7 of 17
Town Council Meeting Minutes - Final September 19, 2018
Bill Derks, commercial director at McAdams Company, explained that the
rezoning would allow a greater building height and floor/area ratio. He
argued that two of the Town's required findings of fact were applicable
and pointed out that only one of the three was required.
Alan Rimer, a Chapel Hill resident with experience in city and regional
planning, said that he had sent an email to the Town that day regarding
the SUP request. He had been involved in many areas of Town
development, including early discussions regarding the gateway in
question, he said. Mr. Rimer encouraged the Council to consider
stipulations that he had suggested in his email.
Sue Hunter, a Chapel Hill resident representing a community-based group
known as Next, said that UNC's plan aligned with Next's hopes and visions
for the community. She said that the project would bring health clinics
together in one place, provide more opportunities for collaboration, be
located near light rail station, and include multi-modal access. Anything
that would make life easier for patients would be wonderful, Ms. Hunter
said, adding that Next strongly urged the Council to approve the request.
Elizabeth Brucker, a Chapel Hill resident and board member of the Chapel
Hill-Carrboro Chamber of Commerce, noted the importance of keeping UNC
Healthcare in Town and said that the requested rezoning was essential to
that.
Regina Jones, a UNC Healthcare patient and Family Advisory Council
member, spoke on behalf of patients and their families. She noted the
turmoil that a serious diagnose can cause and said that the project would
benefit patients by allowing them to receive care in one easily-accessible
location.
Tina Colucci, a cardiology nurse practitioner with UNC Healthcare at
Meadowmont, expressed support for the Eastowne project. She pointed
out that it would be similar to the Meadowmont facility, where patients
can receive care from a multitude of providers under one roof.
Sarah Binkowski, a Chapel Hill resident and a patient of UNC Internal
Medicine, expressed enthusiasm for Eastowne's convenient location and
easy parking. She said that the project would make interaction between
UNC Healthcare and the community stronger. However, she worried about
traffic in the Ephesus Fordham area and the amount of impermeable
surface being added, she said. Ms. Binkowski expressed concern about
more stormwater flowing into the Booker Creek basin.
Aaron Nelson, Chapel Hill-Carrboro Chamber of Commerce president, said
that current zoning no longer met the needs of the Eastowne property and
that two- to three-story buildings were obsolete in that area. He
expressed gratitude to UNC Healthcare for choosing to reinvest in the
community. Mr. Nelson stated that the proposed development was
Page 8 of 17
Town Council Meeting Minutes - Final September 19, 2018
consistent with Town maps, goals and priorities.
Lana Amend, a nurse manager at UNC Healthcare, mentioned problems
that could result from lack of physical space in a clinic or its location. She
said that the proposed building would provide the examination rooms,
services, and parking needed to provide professional, timely and seamless
patient care.
Council Member Bell said that she would support the ZAA because the
density being requested would fit the use. She stressed the importance
of UNC Healthcare and the Town creating the gateway in partnership.
Signaling at the gateway that Chapel Hill was a place that heals as well
as educates would be a good thing, she said.
Mayor pro tem Anderson agreed with Council Member Bell's comments, and
said that the project was worth rezoning. She said that issues regarding
the TIA versus the number of parking spaces, and the road widening,
needed to be worked out, however.
Council Member Oates confirmed with Mr. George that the proposal was
for one, 150,000 square-foot building, structured parking, and a clearing
for a second building after the master planning process had been
completed.
Mr. Derks explained that the applicant would not be able to build more
than the 150,000 square-foot building without coming back to the Council
for approval.
Mayor Hemminger said she agreed with the rezoning request and felt
proud about having UNC Healthcare in the community. By rezoning, the
Town was setting a pace and a plan for the area to become one of the
second largest job centers in Town, she said. She pointed out that
getting the first building correct was important because it would set the
tone for that gateway location.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Parker, to close the Public Hearing. The motion carried by a
unanimous vote.
A motion was made by Council Member Bell, seconded by Council Member
Parker, that R-5 be adopted. The motion carried by a unanimous vote.
A motion was made by Council Member Bell, seconded by Council Member
Parker, that O-2 be enacted. The motion carried by a unanimous vote.
SPECIAL USE PERMIT(S)
Page 9 of 17
Town Council Meeting Minutes - Final September 19, 2018
Special Use Permit: The Application for a Special Use Permit is Quasi-Judicial.
Persons wishing to speak are required to take an oath before providing factual
evidence relevant to the proposed application.
Witnesses wishing to provide an opinion about technical or other specialized
subjects should first establish that at the beginning of their testimony.
7. Consider a Special Use Permit Modification - Eastowne [18-0748]
Redevelopment Medical Office Building - 1, 100 Eastowne
Drive.
Ms. Johnson gave a PowerPoint presentation on the SUP modification
request. She reviewed the process since the concept plan phase in
December 2017 and noted that UNC Healthcare's application for a 150,000
square-foot, six-story medical office building/clinic and 1,100-space
parking deck had been through many public meetings. The SUP
modification would mean rezoning the property from Residential 2 to
Residential 3, she said.
Ms. Johnson explained that the requested modifications pertained to
building height and buffers in the Resource Conservation District (RCD)
and along Highway 15-501. In a PowerPoint presentation, she showed the
location of nearby Pinegate Apartments and the proposed parking deck.
She said that the most frequently asked questions pertained to building
height, parking deck appearance, environmental concerns, UNC
Healthcare's master plan, signage, and the second (fire lane) point of
access. Nineteen stipulations reflecting those concerns had been added,
Ms. Johnson said, and she recommended that the Council close the public
hearing and adopt Resolution 7 as amended.
Craig Scheffler, a traffic consultant with HNTB, explained what could be
derived from a traffic impact analysis (TIA) and how that applied to the
Eastowne development. TIAs predict future traffic in an area and address
trip-generation characteristics of a site, he said, pointing out that HNTB's
analysis of trips to the Eastowne site had been as conservative as
possible.
Mr. Scheffler said that a TIA had concluded that the proposed medical
office building would be able to handle the amount of estimated traffic in
2021 (the year after build-out), with proposed improvements that he
described. He said that a follow-up TIA would be done once the building
was occupied and that the applicant had agreed to make additional
improvements then, if warranted. Mr. Scheffler discussed the
improvements that the project would require, noting that nearby
Wegmans would be making most of them in conjunction with its own
development project.
Council Member Schaevitz asked how HNTB had determined the scope of
Page 10 of 17
Town Council Meeting Minutes - Final September 19, 2018
the study area and Mr. Scheffler explained that it had been a
mathematical process based on Town guidelines.
Council Member Schaevitz asked how different site uses (i.e. office
building versus medical clinic) had been addressed in those calculations.
Mr. Scheffler replied that the space as it currently stood would be
considered general office space, for trip-generating purposes. The
variable used for trip-generation at the proposed medical building/clinic
was its number of employees, he said.
Council Member Gu asked the applicant to bring back more specific
information and easier-to-understand explanations of the current level of
traffic and the increase in traffic after Wegmans and the medical building
had both been built. She then asked why UNC Healthcare was planning a
1,100-space parking deck for an estimated 560 trips.
Mr. George explained that the applicant was planning a larger parking deck
than was currently needed in order to accommodate future development
on that site after the master plan was completed. UNC Healthcare
wanted full capacity so it would not have to expand the deck when
constructing the second building, he said.
Council Member Gu asked why there was no plan to "future-proof" traffic
as well.
Mr. George replied that UNC had made a commitment to re-run trip
generation after one year of operation and to make additional
modifications then, if needed. He pointed out, however, that it was not
the applicant's responsibility to mitigate impacts beyond its project.
Mayor Hemminger commented that many people shared the concern about
traffic. She stressed the importance of making sure that the building
would not preclude making changes when future plans become viable.
Mayor pro tem Anderson verified with Mr. George that UNC Healthcare
would spend about $15,000 for each of approximately 500 parking stalls
when it increased the parking lot density.
Mr. George pointed out that it was also in UNC's interest to make sure
that it had more than ample space for any traffic remediation in the
future. Basing the TIA on 1,100 trips per month gave a hint of what UNC
might need to do in the future and where it should place the garage, he
said.
Mayor pro tem Anderson asked why not include numbers for future
capacity.
Mr. Scheffler replied that trip generation for almost any type of
Page 11 of 17
Town Council Meeting Minutes - Final September 19, 2018
commercial/residential development was based on square footage or
activity type. Unless a parking deck was a specific kind of parking garage
-- or a park and ride lot -- capacity was not used as the basis because
decks can be under- or over-utilized, he said.
Mayor pro tem Anderson pointed out that 1,100 people would never be
parked in the deck at the same time, and she asked about creating a
model that would include an estimate of the second building's need as
well. That would help determine if the parking deck would be in the right
place and if it included space for possible remediation in the future, she
said.
Andy King, of MHAworks, Inc., pointed out that UNC owned the property
and that there was space to dedicate the right-of-way and install another
lane on its site if needed.
Mayor Hemminger said that planning to build a parking deck for future
capacity was confusing. She noted the importance of being sure that the
deck would not preclude widening the road if that became necessary.
Mr. King pointed out that the applicant would have to run a new TIA
before building anything else at that location. If the TIA were to say that
the applicant needed to add two lanes on its site, that was a risk UNC
Healthcare was willing to take, he said.
Council Member Oates confirmed with Mr. King that the applicant would tie
its future development to only what it could actually build. Mr. King said
that UNC would obviously have to limit its project if it could not conform
with what the TIA specified.
He showed a slide to help clarify where the area between the parking deck
and U.S. 15 501 was. That area had space for road improvements, he
said.
Mayor pro tem Anderson confirmed with Mr. King that a new lane, if
necessary, would reduce the buffer to about 40 feet -- 30 feet, at the
least.
Mr. Derks explained how everything would essentially be moved back
about 12 feet from the right-of-way to the closest corner of the deck, as
currently conceived. That would move the sidewalk into the buffer by
about 8 feet, he said.
Mayor pro tem Anderson confirmed with Mr. Derks that widening the lane
would mean that the tightest buffer, at the corner, would be reduced from
22 to 14 feet.
Mr. George began the applicant's PowerPoint presentation, which he said
would address concerns about changes in the process and the complaints
that had been based on not clearly understanding the proposed plan.
Page 12 of 17
Town Council Meeting Minutes - Final September 19, 2018
Dr. William Roper, UNC Healthcare's chief executive officer, provided
background on the project since the property was purchased seven years
prior. He explained that there had been approximately 850 UNC
Healthcare employees working at five buildings on Eastowne Drive, but
that some of them had recently been moved offsite so that four of those
buildings could be demolished to make way for the first new construction
project.
Dr. Roper reviewed the site plan and discussed UNC Healthcare's master
planning process and timeline. He said that they would not return with a
request for a second building until the master plan had been completed.
UNC Healthcare was committed to holding workshops and working with the
Council and advisory boards, he said, and he proposed that a Town's
planner sit on the master planning committee.
Dr. Roper asked the Town to trust UNC Healthcare to do what it says it
will do, noting that most who worked there were Town residents as well.
He pointed out that UNC Healthcare was a safety-net institution and
required to serve the needs of the state. It wanted to do that in a
state-of-the-art facility, said Dr. Roper, adding that current clinics did not
meet patient needs.
Mr. George discussed aspects of the construction plan, such as blasting,
amenities, relocation of some parking, possible future retail, and the bus
stop/shelter. With regard to the TIA, he stressed that the community's
traffic issues were UNC Healthcare's traffic issues as well. UNC did not
want a building that patients and employees could not get to, and would
mitigate the traffic appropriately, he said.
Mr. George emphasized that trip mitigation studies had shown that the
same level of surface would be maintained with UNC Healthcare's and
Wegmans's traffic mitigation efforts. Moreover, UNC Healthcare had
committed to coming back when the building was operational to do
another TIA, he pointed out. Moreover, approval included a stipulation
that UNC Healthcare would make changes if further mitigation was
needed, he pointed out.
Mr. George showed renderings of how the building's height would look
from Highway 15-501 with a proposed partial buffer. He noted that the
applicant had committed to cladding 80 percent of the parking deck facade
along Eastowne Drive. He showed how traffic would flow into the site and
said that the buffer would still be 12 feet even if the NC Department of
Transportation needed to add a lane to Highway 15-501. Mr. George said
that the closest apartment facing the parking structure would be 260 feet
away and that the others would be 190 feet away and not facing the
structure.
Mr. Derks explained about the various widths of the unpaved fire lane and
Page 13 of 17
Town Council Meeting Minutes - Final September 19, 2018
said that bollards, or some other removable devices, would prevent other
traffic from driving into that area.
Council Member Oates confirmed with Mr. Derks that pervious material
under the grass would support the weight of a fire truck.
Mr. Derks explained how the proposed underground stormwater facility
would work. In response to a question from Mayor Hemminger, he said
that a stormwater pond was not an option due to the site's topography.
Mr. George summarized how the project would meet the Town's required
findings of fact. UNC Healthcare was committed to working with a
Town-chosen urban designer throughout the planning process, he said. He
reviewed modifications regarding buffer improvements, the parking deck
facade, and RCD impacts. Mr. George noted that UNC Healthcare had
made a commitment to come back for a new TIA once the first building
was operational.
Council Member Oates asked what concern had led UNC Healthcare to
request that people be required to ask permission to use the public
amenity space.
Mr. George replied that the intent was to avoid having people come in and
set up a public barbecue or hold a party there on a Saturday night. UNC
Healthcare did not want it to become a public park that it would have to
manage, he said.
Council Member Parker confirmed that the parking deck would be free of
charge for those who go to the site for medical care. Mr. George said that
there was not yet a procedure in place for monitoring that, but there
would obviously have to be one if problems arose.
Council Member Buansi confirmed with Mr. George that the open parking
deck would be included in the overall property management program but
that no one person would be stationed in the deck.
Council Member Gu verified that the purpose of having a 50-foot open
space with a view of the building from Highway 15-501 was to show the
UNC Healthcare brand and make the facility easier for people to find. She
asked if having it five feet higher would mean less need for that open
space, and Mr. George replied that it potentially would.
Elizabeth Brucker read the four findings of fact required for SUP
modification approval and said that the proposed project met them.
Cristin Colfera, a physician and faculty member at UNC's School of
Medicine, expressed enthusiasm about the opportunities that the
Eastowne project would provide for patients, especially those who must
travel long distances for medical services. She discussed the advantages
Page 14 of 17
Town Council Meeting Minutes - Final September 19, 2018
for physicians and patients of being able to give and receive care in one
location.
Aaron Nelson pointed out that UNC Healthcare had been and would
continue to be in Chapel Hill for generations. He trusted those associated
with that institution and hoped the Council would approve the building, he
said. Mr. Nelson proposed having less buffer, arguing that a canyon of
trees could be seen anywhere in the country but its buildings expressed a
town's character.
Gordon Merklein, representing UNC's Division of Finance and Operations,
said that UNC's leadership fully supported the project and hoped the
Council would approve the ZAA and SUP. He said that UNC had worked
with UNC Healthcare and scrutinized the project as it had taken shape.
The Eastowne Medical Clinic would meet the same standards as any
building would on UNC's main campus and the plan exceeded many of
those standards, he said.
Jay Patel, a Chapel Hill business owner and resident, characterized the
project as a rare opportunity in which many of the Town's interests lined
up. He said that the Council should jump on the opportunity to provide
better accessibility to world class healthcare. He pointed out that a
stipulation required UNC Healthcare to mitigate future problems.
Council Member Buansi asked that a stipulation in revised Resolution A
specify that the process for public engagement follow that for Conditional
Zoning and Development Agreements.
Council Member Bell said she supported clearing trees to expose the
building, but only if the building is an attractive one. She confirmed with
Mr. George that the applicant had been communicating with Pinegate's
property managers about parking deck concerns. He said that Pinegate
generally supports the project and noted that UNC Healthcare had made a
commitment that ingress and egress would not be impacted.
Council Member Bell expressed enthusiasm for the master plan and
discussed the value of patients being able to see multiple providers in one
day at one location. That was a social equity issue for the state, she
pointed out.
Council Member Stegman said that UNC Healthcare was a great partner
and that she had gained trust in their ability to get the project right. She
spoke about the need for an attractive building at the location and the
desire for the applicant to help mitigate traffic problems. She listed
reasons why it was the right location for dense redevelopment and asked
that the master plan include commitment to a multi-modal development
plan. Council Member Stegman asked that an existing memo of
understanding be part of the discussion as well.
Page 15 of 17
Town Council Meeting Minutes - Final September 19, 2018
Mayor pro tem Anderson expressed general support for the project, which
she said would make the Town's gateway something to be proud of.
Clearing trees for a visible logo was okay with her, she said. She argued
that a 14-foot buffer still seemed too small and said she would like any
future traffic plan to include what could potentially happen on the side.
Mayor pro tem Anderson clarified with Mr. George that UNC Healthcare had
agreed that an urban designer and a member of the Town's planning staff
would have seats at the table throughout the process.
Council Member Oates expressed concern about being asked to approve a
project with so little green space.
Mr. George replied that things such as green space would be addressed
and incorporated during the master planning process. He said that there
had been green spaces in some of the concept plans and that there would
be some in the future development.
Council Member Schaevitz agreed with what other Council members had
said. She appreciated the inclusion of an urban designer because she
wanted to see an activated, walkable, pedestrian-focused place at that
location, she said. She stated that the SUP process seemed inappropriate
for the particular application. She hoped there would be a better strategy
in the master planning process that would allow Council members to
engage with the public and be responsive to residents' wants and needs,
she said.
Council Member Gu said that the proposed project aligned perfectly with
Town goals. She said that she, too, was glad about the inclusion of an
urban designer, and she recommended that the applicant check out the
International Academy for Design and Healthcare for best practices. She
asked that green space be part of the full-scale project and that more
consideration be given to using the right-of-way in relation to future traffic
expansion. Council Member Gu said she supported what others had said
about traffic, stormwater, and deck improvements. She wondered if a
large scale parking deck was absolutely necessary and said she hoped the
applicant would address that in phases, if possible.
Mr. George pointed out that there was much current debate about
self-driving cars but that the technology was not likely to be available
within the next 10 years. However, if UNC Healthcare determined during
the planning process that it needed less parking elsewhere on the site, it
would not build those spaces and would continue to utilize the structure
being proposed, he said.
Council Member Parker pointed out that the first project would set the
tone and become the de facto standard for other development in the area.
So it was important to build it to the highest standards, he said. He said
that UNC was good at creating a unified whole through the use of both
buildings and landscaping. He asked the applicant to take its
Page 16 of 17
Town Council Meeting Minutes - Final September 19, 2018
responsibility seriously and give the Town a building that all could be
proud of.
Mayor Hemminger expressed gratitude for the applicant's willingness to
work with the Town over the summer to arrive at a better understanding.
She acknowledged the value of the project to UNC Healthcare and pointed
out that the Council was charged with ensuring that it benefited the
community as well. She said that the development could be something
spectacular and that the RCD could be an amenity to the entire property.
Mayor Hemminger said that the changes the applicant had agreed to
would add value to the project. She strongly recommended Conditional
Zoning becasue it would allow more communication, she said. She
encouraged the applicant to figure out how to have a right-turn lane
exiting the property and to consider embracing a leadership role in
environmental technology with the project.
Mayor Hemminger pointed out that there was enthusiasm for being able to
see the building from Highway 15-501, as long as it was attractive. She
expressed appreciation for the cladding on the parking deck, for the
commitment to working with the Town, and for the inclusion of an urban
designer.
A motion was made by Council Member Bell, seconded by Council Member
Parker, to Close the Public Hearing. The motion carried by a unanimous vote.
Mayor pro tem Anderson reported that the Amity Station subcommittee
had met to discuss potentially moving forward. The applicant would
include a 22+ age restriction, but that would involve a financial
commitment, or some sort of concession, from the Town, she said. The
Committee had asked for clarification from staff about what the pro forma
and so forth should look like, Mayor pro tem Anderson said. She said that
the committee would meet again in about three weeks to review that
information and decide what to do next.
A motion was made by Council Member Bell, seconded by Council Member
Stegman, that R-7 be adopted as amended. The motion carried by a
unanimous vote.
ADJOURNMENT
The meeting was adjourned at 11:34 p.m.
Page 17 of 17
Agenda
Town Hall
TOWN OF CHAPEL HILL 405 Martin Luther King Jr.
Boulevard
Town Council Chapel Hill, NC 27514
Meeting Agenda
Mayor Pam Hemminger Council Member Nancy Oates
Mayor pro tem Jessica Anderson Council Member Michael Parker
Council Member Donna Bell Council Member Rachel Schaevitz
Council Member Allen Buansi Council Member Karen Stegman
Council Member Hongbin Gu
Wednesday, September 19, 20187:00 PM RM 110 | Council Chamber
OPENING
0.1 Chapel Hill Response to Hurricane Florence. (no [18-0751]
attachment) (* added 9/18/18)
PETITIONS FROM THE PUBLIC AND COUNCIL MEMBERS
Petitions and other similar requests submitted by the public, whether written
or oral, are heard at the beginning of each regular meeting. Except in the
case of urgency and unanimous vote of the Council members present,
petitions will not be acted upon at the time presented. After receiving a
petition, the Council shall, by simple motion, dispose of it as follows:
consideration at a future regular Council meeting; referral to another board or
committee for study and report; referral to the Town Manager for
investigation and report; receive for information. See the Status of Petitions
to Council webpage to track the petition. Receiving or referring of a petition
does not constitute approval, agreement, or consent.
PUBLIC COMMENT - ITEMS NOT ON PRINTED AGENDA
ANNOUNCEMENTS BY COUNCIL MEMBERS
CONSENT
Items of a routine nature will be placed on the Consent Agenda to be voted
on in a block. Any item may be removed from the Consent Agenda by request
of the Mayor or any Council Member.
1. Approve all Consent Agenda Items. [18-0742]
By adopting the resolution, the Council can approve various
resolutions and ordinances all at once without voting on each
http://www.townofchapelhill.org Page 1 of 4 Printed on 9/18/2018
Town Council Meeting Agenda September 19, 2018
resolution or ordinance separately.
2. Enact Annual Budget Ordinance to Re-appropriate [18-0743]
Funds for Prior Year Encumbrances and Other
Obligations.
By enacting the attached budget ordinance amendment, the Council
authorizes the re-appropriation of budget that was established in FY
2018 to FY 2019 for encumbrances and other items that were not
completed in the prior year for a total of $9,437,705.
3. Adopt Minutes from June 26, and July 10, and [18-0744]
September 13, 27, and October 11, 18, 2017
Meetings.
By adopting the resolution, the Council approves the summary
minutes of past meetings which serve as official records of the
meetings.
3.1 Amend the 2018 Council Calendar. (*Item added [18-0750]
9/18/18)
By adopting the resolution, the Council amends the 2018-19 Council
calendar to cancel the special meetings and work session during the
week of October 1.
INFORMATION
4. Receive Upcoming Public Hearing Items and Petition [18-0745]
Status List.
By accepting the report, the Council acknowledges receipt of the
Scheduled Public Hearings and Status of Petitions to Council lists.
DISCUSSION
5. Consider an Application for Special Use Permit [18-0746]
Modification- The Oaks Condominiums Stormwater
Drainage Improvements, 101 Oak Tree Dr.
PRESENTER: Michael Sudol, Planner II
Swearing of all persons wishing to present evidence
a. Without objection, the revised report and any other materials
submitted at the hearing for consideration by the Council will
be entered into the record
b. Introduction and revised recommendation
c. Presentation of evidence by the applicant
d. Presentation of evidence by the public
e. Comments and questions from the Mayor and Town Council
f. Applicant’s statement regarding proposed conditions
http://www.townofchapelhill.org Page 2 of 4 Printed on 9/18/2018
Town Council Meeting Agenda September 19, 2018
g. Motion to close the public hearing
h. Motion to adopt a resolution approving the Special Use Permit.
RECOMMENDATION: That the Council continue and close the public
hearing held September 5, 2018 for The Oaks Condominiums Special
Use Permit (SUP) Modification, and that the Council adopt Resolution
A, approving the application.
ZONING ATLAS AMENDMENT(S) and SPECIAL USE PERMIT(S)
The development proposal(s) below involves two separate steps: a
rezoning application and an application for a special use permit. These two
hearings will be conducted separately. You may sign up to speak on each
item.
ZONING ATLAS AMENDMENT(S)
Zoning Atlas Amendment: The Zoning Atlas Amendment, to change the
zoning designation on this property, is Legislative. The Council receives and
considers public comment on the merits of the proposed rezoning, including
opinions, when making Legislative decisions.
6. Consider an Application for Zoning Atlas Amendment - [18-0747]
Eastowne Redevelopment Medical Office Building - 1,
100 Eastowne Drive.
PRESENTER: Judy Johnson, Operations Manager
a. Without objection, the revised report and any other materials
submitted at the hearing for consideration by the Council will
be entered into the record
b. Introduction and revised recommendation
c. Presentation by the applicant
d. Comments from the public
e. Comments and questions from the Mayor and Town Council
f. Motion to adjourn the Public Hearing
g. Motion to adopt the Resolution of Consistency with the
Comprehensive Plan
h. Motion to enact Ordinance A to rezone the property.
RECOMMENDATION: That the Council close the public hearing, adopt
Resolution A, and enact the Ordinance to rezone the property from
Office/Institutional-2 (OI-2) to Office/Institutional-3 (OI-3).
SPECIAL USE PERMIT(S)
Special Use Permit: The Application for a Special Use Permit is Quasi-Judicial.
Persons wishing to speak are required to take an oath before providing
factual evidence relevant to the proposed application.
http://www.townofchapelhill.org Page 3 of 4 Printed on 9/18/2018
Town Council Meeting Agenda September 19, 2018
Witnesses wishing to provide an opinion about technical or other specialized
subjects should first establish that at the beginning of their testimony.
7. Consider a Special Use Permit Modification - Eastowne [18-0748]
Redevelopment Medical Office Building - 1, 100
Eastowne Drive.
PRESENTER: Judy Johnson, Operations Manager
Swearing of all persons wishing to present evidence
a. Without objection, the revised report and any other materials
submitted at the hearing for consideration by the Council will
be entered into the record
b. Introduction and revised recommendation
c. Presentation of evidence by the applicant
d. Presentation of evidence by the public
e. Comments and questions from the Mayor and Town Council
f. Applicant’s statement regarding proposed conditions
g. Motion to close the public hearing
h. Motion to adopt a resolution approving the Special Use Permit
RECOMMENDATION: That the Council close the Public Hearing, and
adopt Revised Resolution A, approving the application.
REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT,
PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS
http://www.townofchapelhill.org Page 4 of 4 Printed on 9/18/2018
Get email alerts for Chapel Hill
A daily email when new agendas and minutes are posted.