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Town Council

Regular Meeting

Chapel Hill, NC · June 26, 2019

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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

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