Town Council
Regular MeetingChapel Hill, NC · June 26, 2019
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 Karen Stegman
Council Member Allen Buansi Council Member Rachel Schaevitz
Council Member Hongbin Gu
Wednesday, June 26, 2019 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, Police Officer Donald Bradley, Fire Inspector Donnie Morrissey, Communications Manager
Catherine Lazorko, Communications Specialist Mark Losey, Planning Director Ben Hitchings, Planning
Operations Manager Judy Johnson, Planner II Becky McDonnell, LUMO Rewrite Project Manager Alisa
Duffey Rogers, Principal Planner Corey Liles, Housing and Community Assistant Director Sarah Vinas,
Affordable Housing Manager Nate Broman-Fulks, Director of Organizational and Strategic Initiatives
Rae Buckley, Management Analyst David Finley, Assistant Police Chief Jabe Hunter, Police Chief and
Executive Director for Community Safety Chris Blue, Communications and Public Affairs Director and
Town Clerk Sabrina Oliver, Housing and Community Executive Director Loryn Clark, Executive
Director for Technology Scott Clark, Assistant to the Town Manager for Administrative and Program
Management Ross Tompkins, Public Housing Director Faith Thompson, Manager's Intern Maggie
Bailey, and Deputy Town Clerk Amy Harvey.
OPENING
Mayor Hemminger opened the meeting at 7:00 p.m. She pointed out that the
meeting would be the last regularly scheduled one before the Council's summer
break. However, the Council might hold a special meeting on July 15th, she
said.
Council Members Gu and Bell arrived at 7:02 p.m. and 7:25 p.m., respectively.
0.01 Success Video: Chapel Hill Transit's 45th Anniversary. [19-0649]
Mayor Hemminger introduced a Celebrating Successes video regarding
Chapel Hill Transit's 45th anniversary. It featured Howard Lee, former
mayor of Chapel Hill, who characterized developing the Town's transit
Page 1 of 17
Town Council Meeting Minutes - Final June 26, 2019
system as one of his proudest and most important achievements. Mr. Lee
described the process that led up to the first buses running in 1974 and
said that he was greatly impressed with what the Town had done since
then. He expressed gratitude to all for making Chapel Hill Transit what it
was today.
Mayor Hemminger pointed out that Chapel Hill Transit was the largest fare
free bus system in the country. She was grateful to Mayor Howard Lee for
having the vision and sticking with it, she said. She praised the Town's
Transit Department as well for embodying the idea of making a transit
system that works for everyone.
0.02 Proclamation: Fathers on the Move Month. [19-0650]
Council Member Buansi read the proclamation regarding Fathers on the
Move, a program that provides a wide range of transitional services to
men in the criminal justice system who have children. He said that
Fathers on the Move had partnered with the Chapel Hill Police Department
to mentor more than 300 men in Orange County and had expanded to
other counties as well. The Council was declaring July 2019 to be Fathers
on the Move Month in Chapel Hill, he said, urging all residents to support
the organization and its efforts.
Bishop Victor Glover accepted the proclamation and explained how he had
founded Fathers on the Move in 2008 after being the first single father in
Orange County to ask for help. That experience had led to his current
position with the Department of Social Services where he was helping
other men believe in themselves and succeed, he said.
0.03 Proclamation: Cleft and Craniofacial Awareness Month. [19-0651]
Council Member Schaevitz read a proclamation regarding a birth defect
that affected one in 700 infants per year and require extensive special
care and complex services over a number of years. She declared July 2019
as Cleft and Craniofacial Awareness Month in the Town of Chapel Hill and
urged all citizens to contribute however they could and support families
and organizations working to help those affected.
Garret Bailey, an intern at the American Cleft Pallet and Cranial Facial
Association, thanked the Mayor and Council for the official recognition. He
said had received care throughout his life from the team at American Cleft
Palate and Craniofacial Center, headquartered in Chapel Hill, he said. Mr.
Bailey asked residents to help promote awareness on behalf of the 7,000
children born with a cleft in the United States every year, and others
throughout the world.
0.04 Proclamation: Flo Miller Day. [19-0652]
Mayor Hemminger read a proclamation declaring June 26, 2019 to be
Florentine Miller Day in the Town of Chapel Hill. She said that Ms. Miller,
Page 2 of 17
Town Council Meeting Minutes - Final June 26, 2019
Deputy Town Manager, had an unmatched understanding of how the Town
operated, having worked with every department over the past 30 years.
Ms. Miller was recognized by her colleagues for being committed to the
highest standards of professional ethics and for bringing out the best in
everyone, Mayor Hemminger said. She noted that Ms. Miller was also
being named as Hometown Hero of the Week.
Ms. Miller expressed surprise and gratitude for the proclamation and said
that it had been her privilege and pleasure to serve the Town. She
commented on the support that she had received from the Town Manager,
staff, and Council and said that the Town had become a great
organization with a culture of helping one another.
PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND
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.
1. Community Design Commission (CDC) Request to Authorize the [19-0620]
CDC to Create and Facilitate a Chapel Hill Design Award
Program.
Architect Ted Hoskins, representing the Community Design Commission
(CDC), proposed establishing a design award program to recognize recent
excellent community design. He said that starting such a program had
been a CDC goal for at least two years, and he pointed out that both
Durham and Raleigh had such programs. Mr. Hoskins said that the CDC
would like to begin announcing winners at Council meetings in the fall of
each year, and he listed various aspects of the program that would need
staff assistance.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Oates, that this Petition be received and referred to the Town
Manager and Mayor. The motion carried by a unanimous vote.
2. Community Design Commission Request for Modifications to the [19-0621]
Concept Plan Review Process.
Susan Lyons, speaking on behalf of the CDC, requested modifications to
the concept design review process, which would facilitate the
Page 3 of 17
Town Council Meeting Minutes - Final June 26, 2019
decision-making process. She made suggestions for how to achieve this,
which included having applicants provide more drawings and examples,
such as photos, that show how a project would address Town goals and fit
into an area. Ms. Lyons noted that such modifications would require
making changes to the definition of concept plan.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Parker, that this Petition be received and referred to the Town
Manager and Mayor. The motion carried by a unanimous vote.
3. Burwell Ware Request to Place a Moratorium on the [19-0622]
Construction of New Fast-Food Drive-Throughs Until Future
Town Councils Decide to Repeal the Moratorium.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Parker, that this Petition be received and referred to the Town
Manager and Mayor. The motion carried by a unanimous vote.
4. Orange-Chatham Group of the Sierra Club Request for a [19-0623]
“Ready for 100 Resolution.”
Ed Harrison, representing the Orange-Chatham Group of the Sierra Club,
outlined the petition that Sierra Club members across the country were
bringing to their local governments. The "Ready for 100 Resolution" asked
for 100 percent clean renewable energy for all energy sectors by December
21, 2050 or sooner, he explained. Mr. Harrison asked the Town to
explicitly commit to that as it begins working on its Climate Action Plan.
Mayor Hemminger said that climate action plans had been one of the main
topics of discussion at a recent Metropolitan Mayors meeting with NC
Governor Roy Cooper.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Schaevitz, that this Petition be received and referred to the Town
Manager and Mayor. The motion carried by a unanimous vote.
4.01 Various Speakers Regarding Greene Tract. [19-0653]
Abel Hastings, representing Friends of the Greene Tract Forest, said that
his group had submitted a petition, with more than 660 names, which
asked that 80 percent of the Greene Tract be permanently preserved as
open, natural space with 20 percent used for housing. Signers supported
the Rogers Road RENA Report and strongly believe that all needed to work
together to meet both housing and conservation goals, he said.
Mr. Hastings stated that a current proposal before the Council had put it
in an untenable position of having to choose between affordable housing
and land preservation. He said that the case for affordable housing was
clear, and he then presented arguments for preserving 80 percent of the
Page 4 of 17
Town Council Meeting Minutes - Final June 26, 2019
land. He said that the Rogers Road community had already recommended
an 80/20 percent split, and he asked that the Council commit to that.
Jennifer Hastings, a Chapel Hill resident, commented on the importance of
preserving land for future generations.
David Bartholomew, a Chapel Hill resident, expressed concern that a
recent Orange County/Carrboro resolution had not aligned with the
previously identified community goal of having an 80/20 split. He asked
for more transparency with regard to how changes to plans are made.
Larry Reed Sr., a Rogers Road neighborhood resident, thanked the Council
for continuing to hear all concerns and for allowing Rogers Road
community members to participate in the decision-making process
regarding their neighborhood.
Charlie Buckner, a Chapel Hill resident, said he hoped that the Greene
Tract petition would be denied because the Town should preserve more
than 80 percent. He acknowledged the need for affordable housing, but
listed several reasons why the Greene Tract was not the right place for it.
There was a chance for affordable housing with every new development,
but the Greene Tract was the last chance to have a big piece of public
land, he said.
Tom Gerakars, a Billabong Lane resident whose property abuts the Greene
Tract, said he had "no idea" what the right move should be.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Schaevitz, that this Petition be received and referred to the Town
Manager and Mayor. The motion carried by a unanimous vote.
4.02 Julie McClintock Request Regarding the Blue Hill Form [19-0654]
Based Code.
Julie McClintock, representing CHALT (Chapel Hill Alliance for a Livable
Town), said that expected community benefits had not materialized in the
Blue Hill District because form-based code asked for very little. She
discussed changes that the Town had made to address that, but said that
CHALT did not think those were sufficient. Ms. McClintock proposed
several additional measures that CHALT members were recommending for
inclusion.
A motion was made by Council Member Bell, 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.
4.03 Stormwater Management Utility Advisory Board Regarding [19-0655]
Greene Tract.
Mayor Hemminger read the petition regarding a low-density map that
Page 5 of 17
Town Council Meeting Minutes - Final June 26, 2019
Orange County, Carrboro and Chapel Hill had developed to be used in the
Greene Tract development framework.
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.
ANNOUNCEMENTS BY COUNCIL MEMBERS
4.04 Mayor Hemminger Regarding Kick-Off Work Session for [19-0656]
North-South Bus Rapid Transit Workshops.
Mayor Hemminger reminded Council that the kick-off for a weekend of
north-south bus rapid transit workshops would be on July 12th from 9:00
a.m. to 10:30 a.m.
4.05 Mayor Hemminger Regarding Update on Bus Rapid Transit [19-0657]
Planning.
Mayor Hemminger said that the Council would receive an update on bus
rapid transit planning on July 15th at Town Hall. She said that the public
was welcome to come and expressed hope that a special meeting
regarding the Greene Tract would be held on that day as well.
4.06 Mayor Hemminger Regarding 4th of July Celebration at [19-0658]
Southern Community Park.
Mayor Hemminger pointed out that the Fourth of July fireworks celebration
would be held at Southern Community Park this year and was expected to
begin at around 9:15 p.m. More information would be posted on the
Town's website, she said.
4.07 Mayor Hemminger Regarding Metro Mayors Meeting with [19-0659]
Governor Cooper.
Mayor Hemminger said that the aforementioned meeting with Governor
Cooper had produced many good ideas and that she would share those
with the Council at a later date.
4.08 Council Member Gu Regarding Importance of Bus Rapid [19-0660]
Transit Sessions.
Council Member Gu stressed the importance of the bus rapid transit
workshops and strongly urged all to attend.
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.
Page 6 of 17
Town Council Meeting Minutes - Final June 26, 2019
Approval of the Consent Agenda
A motion was made by Mayor pro tem Anderson, seconded by Council Member
Parker, that R-1 as amended be adopted, which approved the Consent Agenda.
The motion carried by a unanimous vote.
5. Approve all Consent Agenda Items. [19-0624]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
6. Approve $446,500 in 2019-2020 Funding for Performance [19-0625]
Agreements with Human Services Agencies as Recommended
by the Human Services Advisory Board.
Council Member Gu thanked the Housing Services Advisory Board for its
hard work toward fulfilling the Council's goal of supporting the most
vulnerable populations in Town. She noted that there were many other
urgent needs and proposals that the Council would like to address as well.
Council Member Gu asked for an amendment to the resolution in Item 6
that would ask the Manager and staff to bring back information on a
granting process that would be accessible to all and address the broad
needs of the community.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
7. Authorize Club Nova to Occupy Historic Town Hall During [19-0626]
Construction of its New Facility.
This resolution(s) and/or ordinances(s) was adopted and/or enacted.
8. Receive Final Report of the Varsity Theatre Task Force. [19-0627]
This resolution(s) and/or ordinances(s) was adopted and/or enacted.
INFORMATION
9. Receive Upcoming Public Hearing Items and Petition Status [19-0628]
List.
This item was received as presented.
DISCUSSION
10. Discuss Affordable Housing Goals for Rental Housing [19-0629]
Development. (Reissued from June 19, 2019)
Affordable Housing Manager Nate Broman-Fulks gave a PowerPoint
presentation regarding affordable housing (AH) in new rental housing
developments. He provided background on the AH policy that the Town
created in 2000 and asked for Council feedback on new draft AH housing
goals.
Page 7 of 17
Town Council Meeting Minutes - Final June 26, 2019
Mr. Broman-Fulks pointed out that a group of citizens had submitted a
petition in 2017 that asked staff to work with the Housing Advisory Board
(HAB) on a methodology that would create a return for the Town and a
reasonable level of predictability for developers. In 2018, the Council had
discussed payment in lieu options and had looked at potential formulas,
he said. He explained that the Council had to then step back and discuss
Town goals and objectives further before delving into the intricacies of
various formulas.
Mr. Bowman-Fulks reviewed the staff's research on what other
municipalities had done regarding affordable rentals and what would be a
realistic approach for Chapel Hill. He said that most communities base
their payment in lieu amounts on the cost of constructing AH units and
that 16 percent was the average expectation. Most communities looked
at targeted 50-65 percent area median income (AMI) levels, he said.
Jared Brown-Rubinowitz, representing the HAB, reviewed the HAB's
recommendations. He said that on-site units were more valuable than a
payment in lieu, and he recommended that 15 percent of the units be
on-site and affordable to households at 60 percent AMI and below. The
HAB also recommended that on-site units be indistinguishable from the
others, affordable for a 30-year term, and that properties accept housing
vouchers, he said.
Mr. Rabinowitz reviewed a list of additional recommendations, which
included allowing a payment in lieu if the developer could demonstrate
that having to build AH on-site would create a reasonable financial
hardship. The payment in lieu should be based on the cost of providing
an equivalent number of AH units off site to households at 60 percent AMI
and below, he said.
The Council confirmed with Mr. Broman-Fulks that staff hoped to have a
higher level discussion with the Council about AH goals. Staff would then
develop a payment-in-lieu formula to help achieve those goals once they
were set, he said. Council Members also confirmed with him that the
incentives that other communities were offering developers were similar to
those that the Town was already using. The Council stressed the
importance of setting realistic, achievable criteria.
Jackie Jenks, speaking on behalf of the Orange County Affordable Housing
Coalition, expressed support for the HAB's recommendations, which was
almost identical to a list that the coalition had developed, she said. The
Coalition had not yet arrived at a recommendation for a payment in lieu
and had called for AH to be 50 percent of AMI, based on annual income
from Orange County's living wage, she said. Ms. Jenks asked the Council
to support the HAB's recommendation and to prioritize developing housing
for those making living wage and those at incomes of 30 percent and
below.
Page 8 of 17
Town Council Meeting Minutes - Final June 26, 2019
Council Members expressed appreciation to both staff and the HAB for the
work that they had done. Most of the Council expressed a preference for
on-site AH and said that payments in lieu should be based on hardship
that a developer would need to document with a pro-forma financial
statement. The Council expressed interest in the concept of 15 percent
AH units on-site and asked staff to provide more information regarding the
feasibility. Most supported units at 60 percent AMI and they asked for
more information about whether 50 percent would be feasible. Council
Members recommended that staff help developers understand what
creative partnerships with AH providers could be and to make such
information clearer up front.
Council Member Oates said she would prefer to see affordability over the
life of the building, rather than 30 years. She wanted the AH units to be
on-site but could imagine a payment in lieu if it were passed on to the
Community Home Trust, she said.
Mayor Hemminger noted that the Council generally preferred on-site units
wherever possible and that the payment in lieu should only be an option if
nothing else could be worked out. She said that the Metropolitan Mayors
Organization had been gathering data and learning from each other and
had told North Carolina's leadership that lack of AH was a crisis in the
state and across the nation. Mayor Hemminger said that she leaned
toward having more units in different ranges, rather than fewer units in
one range. She encouraged staff to talk with more developers about the
issues.
This item was received as presented.
11. Consider a Land Use Management Ordinance Text Amendment [19-0630]
- Proposed Changes to Section 4.5.4 (Special Use Permit
Modifications).
Mayor Hemminger explained a proposed update to the Land Use
Management Ordinance (LUMO) to ensure a process for public input during
a CDC courtesy review meeting. That input would go to the Town Manager
for an administrative decision, and the Manager would bring it to the
Council only if there was some kind of conflict, she said. Mayor
Hemminger said that the Planning Commission had recommended finding
a pathway for public input as well. She had proposed addressing the
issue with the amended resolution that was before the Council, she said.
Planner Becky McDonnell gave a brief PowerPoint presentation on the SUP
modifications in the proposed LUMO text amendment. She provided
background on how a request to install a drainage conveyance system at
The Oaks Condominiums had triggered a year-long SUP modification
process, which had led to the Council asking for an alternative approval
process for similar projects. The resulting text amendment was before the
Council for action and staff was recommending that Council pass the
resolution and ordinance, which would have some projects go to the CDC
Page 9 of 17
Town Council Meeting Minutes - Final June 26, 2019
for a courtesy review and then to the Manager within 15 days for
administrative approval.
Mayor pro tem Anderson confirmed with Ms. McDonnell that an application
would go through the full SUP modification process if the Manager
determined that the project was not eligible for administrative review.
Council Member Bell raised questions about the sequence of meetings,
and Mayor Hemminger suggested clarifying the wording to say that the
public information meeting would be followed by the CDC courtesy
meeting on the same evening or day.
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 Mayor pro tem Anderson, seconded by Council
Member Stegman, R-5 be adopted. The motion carried by a unanimous vote.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Stegman, O-1.1 be enacted as amended. The motion carried by a
unanimous vote.
12. Consider Land Use Management Ordinance Text Amendments - [19-0631]
Proposed Changes to Section 3.11 Regarding Affordable
Housing and Stormwater Management in the Blue Hill District.
Planner Corey Liles and Mr. Broman-Fulks gave a joint PowerPoint
presentation on a LUMO text amendment regarding changes related to AH
and stormwater in the Blue Hill District's (BHD) form based code. He
presented background information on the public review process and
recommended that the Council close the public hearing, adopt Resolution
7, and enact Ordinance 3, which included a maximum setback percentage
for primary frontages.
Mr. Broman-Fulks explained that the amendment would change the BHD
purpose statement to say that the BHD was intended to support Town
goals by providing diverse and affordable options serving a range of
income levels.
Mr. Liles explained that the amendment was also related to stormwater
and was a response to a change in a 2018 law regarding the amount of
post-construction impervious area that must be treated for water quality.
He reviewed those changes and said that staff was presenting a package
that included two paths for review and an incentive for doing the level of
stormwater treatment that had previously been required. Mr. Liles
described those two pathways in detail and summarized input received
from stakeholders and the Town's advisory boards and commissions.
Page 10 of 17
Town Council Meeting Minutes - Final June 26, 2019
Council Members Schaevitz, Gu and Anderson asked about how aligning
setbacks along one frontage would affect green and open space and the
appearance of a building's other three frontages. Mr. Liles explained that
a courtyard or some other interesting space, could be an opportunity to
deactivate the other street frontages. He said that the CDC had noted
that O-3 would allow future infill by leaving contiguous areas not built
upon.
Ms. McClintock said she felt "utterly confused" by Item 10 and that she
wondered if the Stormwater Advisory Board had considered the stormwater
impacts with the different scenarios. She noted that the state legislature
had removed the Town's great stormwater standards and said she was
very pleased that staff had taken the initiative to get some good water
quality treatment. Ms. McClintock characterized the AH goal as "window
dressing" that "would not really do anything".
Linda Brown, a Chapel Hill resident, questioned the safety and security of
having buildings lined up on a street with one long frontage. Walking
behind buildings at 1:00 a.m. could be dangerous, and having everything
lined up would create a wind tunnel, she said.
A motion was made by Council Member Parker, seconded by Mayor pro tem
Anderson, to close the public hearing. The motion carried by a unanimous
vote.
A motion was made by Council Member Parker, seconded by Mayor pro tem
Anderson, that R-7 be adopted. The motion carried by a unanimous vote.
A motion was made by Council Member Parker, seconded by Mayor pro tem
Anderson, that O-3 be enacted. The motion carried by the following vote:
Aye: 8 - Mayor Hemminger, Mayor pro tem Anderson, Council Member
Bell, Council Member Buansi, Council Member Gu, Council
Member Parker, Council Member Stegman, and Council
Member Schaevitz
Nay: 1 - Council Member Oates
13. Charting Our Future - Consider the Proposed Components of [19-0632]
the Future Land Use Map.
LUMO Project Manager Alisa Duffey Rogers asked the Council to provide
feedback on the proposed Future Land Use Map (FLUM) and its
components and then adopt Resolution 9 authorizing the Manager and
staff to engage with the community regarding the FLUM over the summer
and early fall. Ms. Duffey Rogers reviewed components of the revised
FLUM and outlined a proposed schedule for community engagement. She
discussed a list of recent changes to the blueprint and to the focus area
Page 11 of 17
Town Council Meeting Minutes - Final June 26, 2019
maps for 111 Erwin Road and the Courtyards at Homestead.
Council Members raised issues related to "concurrency,” having public
facilities in place to serve development being approved. Council Member
Gu said that having a statement in the FLUM that development would be
expected once bus rapid transit (BRT) was in place would give a clear
guideline for when to expect what. It might help alleviate some of the
anxiety that people feel when they imagine more with only the current
transportation infrastructure, she said.
Ms. Duffey Rogers said that concurrency was a tricky idea because various
court cases had restricted the Town's ability to address it. In addition,
many of the things that the Town might want to have done concurrently
were not within its control, she pointed out. Ms. Duffey Rogers said that
the FLUM was a future-oriented document that might or might not be
enabled through zoning through the LUMO rewrite. She said that more
clarification could be added.
Mayor pro tem Anderson asked for more information about concurrency
rulings, and Ms. Duffey Rogers explained that a Supreme Court ruling
meant that a developer who cannot be forced to pay for all of the
improvements to mitigate everything that had happened in the past. And
a state case dealt with impact fees and towns not being able to tell
developers that they must put infrastructure in place in order to get
approval, she said.
Mayor pro tem Anderson pointed out that the Town could talk about
concurrency in terms of what it, itself, intended to do. She asked if there
was a way to talk about having capacity in place before allowing a lot of
density.
Ms. Duffey Rogers pointed out that there were statements in the
document regarding density that would be appropriate along the BRT once
it was in place. Staff could look at strengthening that to show that the
Town would not be "creating Manhattan" along Highway 15-501 North, she
said.
Council Member Stegman and Ms. Duffy discussed the importance of being
flexible and adaptable in relation to Council goals.
The Council and Ms. Duffey Rogers discussed potential next steps and how
specific the FLUM should be. She said that staff was open to responding
to what the Council thought was appropriate.
Harvey Krasny argued against the land use designation of an
undeveloped, five-acre property at 111 Erwin Road that was currently
zoned R-2. He said that the property was immediately behind where he
lived and surrounded by individual homes and townhomes. Changing the
future land use to high rise apartments there would noticeably change the
Page 12 of 17
Town Council Meeting Minutes - Final June 26, 2019
character of the entire area and quality of life, he said. Dr. Krasny said
that the result would be unimaginable traffic congestion, lower property
values, additional stormwater problems, and irreparable damage to the
wildlife and vegetation.
Erwin Road area residents Pamela Tekumalla, Martha Hauptman, Yunjun
Mu and Xilong Zhao agreed with Dr. Krasny's comments and argued for
keeping the area's low density residential zoning. Some pointed out that
the Council had unanimously opposed increasing density in that area when
a Marriott proposal had come before the Town in October 2018. They
expressed concerns about future traffic concerns and environmental issues
-- such as noise, pollution, and changes to wildlife habitat.
Kimberly Brewer, a Purefoy Road resident, discussed the Highway 15-501
South area. She said that residents wanted to see a FLUM that included a
map (and perhaps pictures) that showed a rich diversity of housing being
preserved in the area, preservation of historic Merritt's Grill, and
preservation of open space and park land. Ms. Brewer said that the map
as currently laid out could accelerate the destruction of those things.
Julie McClintock expressed concern about the amount of density on some
of the maps and questioned the Town's ability to serve that density. She
pointed out that CHALT had recently submitted a letter suggesting that
the Town exercise good planning and not approve anything that would
prevent people from being able to move around Town. Ms. McClintock
pointed out that the Town did a new Comprehensive Plan at least every
10 years and said that a 2049 map would be a waste of time and
endlessly confusing.
The Council discussed how the Highway 15-501 North area was expanding,
and Council Member Bell pointed out that those whose family farms had
once been there had probably never imagined having the four subdivisions
with more than 300 homes that were there today.
The Mayor and Council agreed that they needed to clarify what the Town
was willing to accept in various locations, especially the areas around
Erwin Road and Merritt's Pasture. They noted that they had seen concept
plans and knew what developers were interested in building in those areas
and should be clear about what was appropriate to bring forward. Mayor
Hemminger pointed out that having a map showing six stories, even
though the area was not currently zoned for that, would lead to proposals
for such buildings. Residents of those neighborhoods would have to come
out and protest, again and again, she said.
Council Member Buansi said that he was fine with taking the possibility of
a six-story building at Erwin Road off the table.
Council Member Gu said that people had a tendency to confuse the FLUM
with zoning maps. She suggested that the Town provide education,
Page 13 of 17
Town Council Meeting Minutes - Final June 26, 2019
maybe a video, showing how the Town was going to "morph" into a city in
30 years.
Council Members Stegman and Anderson commented on the challenge of
staff of trying to explain the complexities of land use 30 years ahead
when talking with residents. She reminded the public that Town staff was
following the Council's direction and said that any criticism should be
directed to the Council. Mayor pro tem Anderson said that the Town
needed a better way of helping people understand that nothing would be
changed immediately.
Council Member Schaevitz noted the importance of being able to tell
residents where BRT stops would be. She said that people were also
interested in having Town creeks be amenities in the future and in not
having buildings turn their backs to creeks. Highlighting creeks in a
particular way on the maps would help with that, she said.
Council Member Oates said that the Town seemed to be moving away
from single-family homes and that almost all of the areas designated to
be higher intensity development on the maps would come at the expense
of single-family neighborhoods. She did not want Chapel Hill to turn into
a place where one would have to live in a six-story apartment -- especially
when space was not being made for grocery stores within walking
distance, she said.
Several Council Members spoke enthusiastically about taking the FLUM out
to the community for feedback, but Council Member Oates expressed
skepticism about the value of doing that, again, since the Town already
knew that people did not want clear-cutting, flooding, or high-rise
apartments next to single-family neighborhoods.
With regard to Ms. McClintock's comments, Council Member Parker said he
agreed that the Town would redo its Comprehensive Plan in 10-15 years
but said that a longer, aspirational view was needed as well. Thirty years
would arrive a lot faster than we think, he said.
Mayor Hemminger said that the Council seemed to have lost the preamble
-- to just look at transit corridors and downtown -- and should go back to
that. The point was to make sure that people would be able to move
around Town as it grows and get to where they need to be without facing
overwhelming traffic, she said. She pointed out that "preservation of a
rich diversity of housing" was one of the Town's principles, and she
stressed the need for efficiency along transit corridors. Mayor Hemminger
said that she looked forward to hearing how staff planned to reach out
and obtain more input.
A motion was made by Council Member Parker, seconded by Mayor pro tem
Anderson, R-9 be adopted. The motion carried by a unanimous vote.
Page 14 of 17
Town Council Meeting Minutes - Final June 26, 2019
14. Consider Approving Strategic Plan Goals and Objectives to [19-0562]
Build a Strategic Plan Framework.
Director of Organizational and Strategic Initiatives Rae Buckley gave a
PowerPoint presentation on changes to strategic goals and objectives and
provided background on the strategic planning process. She said that the
Council had expressed interest in developing a policy matrix connecting all
pieces of the goal areas, and that the current presentation was about
connecting transportation and environmental sustainability. Staff would
then develop performance measurement metrics in each of the goal areas
and start to refine the Council's strategic work plan, she said.
Ms. Buckley explained that staff would ultimately integrate the goals and
objectives into the Town's five-year budget strategy. She reviewed
specific changes to those and discussed results of a recent survey. Ms.
Buckley recommended that the Council adopt R-10, which would approve
specific goals and objectives described in the Council's packet, subject to
any modifications that the Council might make.
Council members made some editing recommendations, clarified the
staff's approach, and discussed a potential schedule. Council Member Gu
confirmed with Ms. Buckley that the final document would provide input
into the Town's five-year budget process. She commented on how the
Bike Plan was supposed to be implemented in 2020, and asked where that
would be listed.
Ms. Buckley replied that she would talk with planning staff about
prioritizing and implementing the Bike Plan in Objective 2.
A motion was made by Mayor pro tem Anderson, seconded by Council
Member Parker, R-10 be adopted as amended. The motion carried by a
unanimous vote.
15. Approve a Framework for Chapel Hill’s Participation in the [19-0633]
Orange County Intergovernmental Work Group, Convey this
Framework and Designate the Town’s Representatives.
(Reissued from June 19, 2019)
Mayor Hemminger explained that Item 15 had been pulled from the
Consent Agenda. She explained that the Orange County Board of
Commissioners had requested that the Town participate in a one-year
pilot program that would replace the Assembly of Governments. If the
Council approved, she would send a letter to the Commission chair and
the mayors of Carrboro and Hillsborough, she said, noting that those
bodies had already passed it and were waiting for Chapel Hill's response.
Council Member Oates said that it was she who had pulled the item
because she had heard that the Assembly of Governments was still
continuing to meet once a year.
Page 15 of 17
Town Council Meeting Minutes - Final June 26, 2019
Mayor Hemminger replied that she had not understood that to be true but
would find out for sure. She and Council Member Oates discussed the
merits of different meeting formats and group sizes and Mayor Hemminger
recommended trying the pilot out and bringing the issue back if problems
arose.
Council Member Oates asked for a friendly amendment stating that the
understanding was that the Assembly of Governments would meet once a
year, but Mayor Hemminger said that this was not part of what had been
sent to her for Council approval. She would provide the information that
had to the Council, Mayor Hemminger said.
A motion was made by Council Member Parker, seconded by Council Member
Stegman, that this Discussion Item be adopted. The motion carried by the
following vote:
Aye: 8 - Mayor Hemminger, Mayor pro tem Anderson, Council Member
Bell, Council Member Buansi, Council Member Gu, Council
Member Parker, Council Member Stegman, and Council
Member Schaevitz
Nay: 1 - Council Member Oates
APPOINTMENTS
16. Appointments to the Cultural Arts Commission. [19-0634]
The Council reappointed Peter Bosman, Janice Farringer and Mary Norkus
to the Cultural Arts Commission.
17. Appointments to the Environmental Stewardship Advisory Board. [19-0635]
The Council reappointed Hui Ding and Bruce Sinclair and appointed Noel
Myers and Julie McClintock to the Environmental Stewardship Advisory
Board.
18. Appointments to the Housing Advisory Board. [19-0636]
The Council reappointed Jared Brown-Rabinowitz and Mary Jean Seyda.
The Council is seeking applicants for the For-Profit Developer position.
19. Appointments to the Justice in Action Committee. [19-0637]
The Council reappointed Robert Campbell, and Jacyln Gilstrap and
appointed Sarah Cheek, Ruby Garcia, Miriam Madison, and Elizabeth Flake
to the Justice in Action Committee.
20. Appointment to the Orange County Climate Committee. [19-0638]
The Council appointed Donna Rubinoff to the Orange County Climate
Committee as a Chapel Hill At-Large Representative.
Page 16 of 17
Town Council Meeting Minutes - Final June 26, 2019
21. Appointments to the Stormwater Management Utility Advisory [19-0639]
Board.
The Council reappointed Stephen Bevington, Stefan Klakovich and Phil
Post to the Stormwater Management Utility Advisory Board.
ADJOURNMENT
The meeting was adjourned at 11:33 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 Karen Stegman
Council Member Allen Buansi Council Member Rachel Schaevitz
Council Member Hongbin Gu
Wednesday, June 26, 2019 7:00 PM RM 110 | Council Chamber
OPENING
PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND 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.
1. Community Design Commission (CDC) Request to [19-0620]
Authorize the CDC to Create and Facilitate a Chapel
Hill Design Award Program.
2. Community Design Commission Request for [19-0621]
Modifications to the Concept Plan Review Process.
3. Burwell Ware Request to Place a Moratorium on the [19-0622]
Construction of New Fast-Food Drive-Throughs Until
Future Town Councils Decide to Repeal the
Moratorium.
4. Orange-Chatham Group of the Sierra Club Request for [19-0623]
a “Ready for 100 Resolution.”
http://www.townofchapelhill.org Page 1 of 5 Printed on 6/21/2019
Town Council Meeting Agenda June 26, 2019
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.
5. Approve all Consent Agenda Items. [19-0624]
By adopting the resolution, the Council can approve various
resolutions and ordinances all at once without voting on each
resolution or ordinance separately.
6. Approve $446,500 in 2019-2020 Funding for [19-0625]
Performance Agreements with Human Services
Agencies as Recommended by the Human Services
Advisory Board.
By adopting the resolution, the Council authorizes performance
agreements with human services agencies as recommended by the
Human Services Advisory Board.
7. Authorize Club Nova to Occupy Historic Town Hall [19-0626]
During Construction of its New Facility.
8. Receive Final Report of the Varsity Theatre Task [19-0627]
Force.
By adopting the resolution, the Council accepts the Task Force’s
report, authorizes the Town Manager to consider next steps, and
dissolves the Task Force.
INFORMATION
9. Receive Upcoming Public Hearing Items and Petition [19-0628]
Status List.
By accepting the report, the Council acknowledges receipt of the
Scheduled Public Hearings and Status of Petitions to Council lists.
DISCUSSION
10. Discuss Affordable Housing Goals for Rental Housing [19-0629]
Development. (Reissued from June 19, 2019)
PRESENTER: Sarah Osmer Viñas, Assistant Director, Office for
Housing and Community
Nate Broman-Fulks, Affordable Housing Manager
http://www.townofchapelhill.org Page 2 of 5 Printed on 6/21/2019
Town Council Meeting Agenda June 26, 2019
RECOMMENDATION: That the Council review and discuss the
intended affordable housing goals in new rental housing
development.
11. Consider a Land Use Management Ordinance Text [19-0630]
Amendment - Proposed Changes to Section 4.5.4
(Special Use Permit Modifications).
PRESENTER: Becky McDonnell, Planner II
a. Introduction and revised recommendation
b. Recommendation of the Planning Commission
c. Comments from the public
d. Comments and questions from the Mayor and Town Council
e. Motion to adjourn the Public Hearing
f. Motion to adopt the Resolution of Consistency with the
Comprehensive Plan
g. Motion to enact the ordinance to approve the changes to the
Land Use Management Ordinance.
RECOMMENDATION: That the Council close the public hearing, adopt
the Resolution of Consistency, and enact Ordinance A.
12. Consider Land Use Management Ordinance Text [19-0631]
Amendments - Proposed Changes to Section 3.11
Regarding Affordable Housing and Stormwater
Management in the Blue Hill District.
PRESENTER: Corey Liles, Principal Planner
a. Introduction and revised recommendation
b. Recommendation of the Planning Commission
c. Comments from the public
d. Comments and questions from the Mayor and Town Council
e. Motion to adjourn the Public Hearing
f. Motion to adopt the Resolution of Consistency with the
Comprehensive Plan
g. Motion to enact the ordinance to approve the changes to the
Land Use Management Ordinance.
RECOMMENDATION: That the Council 1) close the public hearing; 2)
adopt the Resolution of Consistency with the Comprehensive Plan;
and 3) enact Ordinance A or Ordinance B to amend Section 3.11 of
the Land Use Management Ordinance.
13. Charting Our Future - Consider the Proposed [19-0632]
Components of the Future Land Use Map.
PRESENTER: Alisa Duffey Rogers, LUMO Project Manager
http://www.townofchapelhill.org Page 3 of 5 Printed on 6/21/2019
Town Council Meeting Agenda June 26, 2019
RECOMMENDATION: That the Council provide feedback on the
Blueprint (rough draft) version of the Focus Area Maps and
Principles, the Explanation of the Future Land Use Map & its
Components, and the Map Book and request changes to these
documents, as needed and adopt the attached resolution authorizing
the Town Manager to engage with the community on all FLUM
elements during the summer and early fall of 2019 after the
Blueprint has been revised into a Draft FLUM.
14. Consider Approving Strategic Plan Goals and [19-0562]
Objectives to Build a Strategic Plan Framework.
PRESENTER: Rae Buckley, Director of Organizational and Strategic
Initiatives
RECOMMENDATION: That the Council approve the attached Strategic
Plan Goals and Objectives and continue to work with staff and Dr.
Monica Allen to build out performance measures and metrics for each
goal area.
15. Approve a Framework for Chapel Hill’s Participation in [19-0633]
the Orange County Intergovernmental Work Group,
Convey this Framework and Designate the Town’s
Representatives. (Reissued from June 19, 2019)
PRESENTER: Pam Hemminger, Mayor
RECOMMENDATION: That the Council designate representatives to
the Orange County Intergovernmental Collaborative Work Group,
agree to a framework for participation and convey requests for
several additions to the group's workflow to the Board of County
Commissioners as well as the Carrboro and Hillsborough boards.
APPOINTMENTS
16. Appointments to the Cultural Arts Commission. [19-0634]
17. Appointments to the Environmental Stewardship [19-0635]
Advisory Board.
18. Appointments to the Housing Advisory Board. [19-0636]
19. Appointments to the Justice in Action Committee. [19-0637]
20. Appointment to the Orange County Climate [19-0638]
Committee.
21. Appointments to the Stormwater Management Utility [19-0639]
http://www.townofchapelhill.org Page 4 of 5 Printed on 6/21/2019
Town Council Meeting Agenda June 26, 2019
Advisory Board.
REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT,
PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS
http://www.townofchapelhill.org Page 5 of 5 Printed on 6/21/2019
Get email alerts for Chapel Hill
A daily email when new agendas and minutes are posted.