Town Council
Regular MeetingChapel Hill, NC · October 2, 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 Rachel Schaevitz
Council Member Allen Buansi Council Member Karen Stegman
Council Member Hongbin Gu
Wednesday, October 2, 2019 7:00 PM RM 110 | Council Chamber
Roll Call
Present: 8 - Mayor Pam Hemminger, 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
Absent: 1 - Mayor pro tem Jessica Anderson
Other Attendees
Town Manager Maurice Jones, Deputy Town Manager Florentine Miller, Town Attorney Ralph
Karpinos, Communications Manager Catherine Lazorko, Police Officer Rick Fahrer, Fire Inspector
Donnie Morrissey, Interim Planning Director Judy Johnson, Traffic Engineering Manager Kumar
Neppalli, Patrol Captain Donnie Rhoads, LUMO Project Manager Alisa Duffey Rogers, Community
Resilience Officer John Richardson, Executive Director for Technology and CIO Scott Clark, Police
Chief and Executive Director for Community Safety Chris Blue, and Deputy Town Clerk Amy Harvey.
OPENING
0.01 Mayor's Salute: Colleen Minton of TerraVita Food and [19-0826]
Drink Festival.
Mayor Hemminger opened the meeting at 7:00 p.m., and said that Mayor
pro tem Anderson was away on business. She expressed gratitude to
Colleen Minton, TerraVita Food and Drink Festival founder, for putting 10
years of passion and hard work into celebrating healthy eating and
earth-friendly food practices.
Ms. Minton thanked the Town for its support and said that Chapel Hill was
a perfect environment for events that honor farms, the environment,
chefs, and beverage producers.
0.02 Proclamation: Reduce Single Use Plastics Month. [19-0827]
Council Member Schaevitz read the proclamation regarding local efforts to
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reduce single use plastics. She declared October 2019 to be Reduce
Single Use Plastics Month in Chapel Hill and urged all residents to reduce
consumption of those products.
Christian Lutz, representing NC Public Interest Research Groups (NCPIRG),
expressed support for the Town's sustainability efforts and said that
NCPIRG intended to help businesses understand how to operate more
sustainably while still being profitable.
Mayor Hemminger said that the Town would be working with NCPIRG to
develop a resource guide for businesses and that more information was
available at sustainchapelhill.org.
0.03 Proclamation: Cyber Security Awareness Month. [19-0828]
Council Member Bell read the proclamation regarding the Town Council's
agreement with the U.S. Department of Homeland Security and other
national organizations to declare October 2019 to be Cyber Security
Awareness Month. The proclamation discussed the role of technology in
citizens' lives, the increasing threat of cyber-attack, and the loss of
privacy from spyware, identity theft and fraud.
Chief Information Security Officer Robert Reynolds thanked the Council for
the proclamation, which illustrated the Town's commitment to
cyber-security and raising awareness.
0.04 Breast Cancer Awareness Month. [19-0829]
Mayor Hemminger pointed out that Town staff members were wearing pink
to help raise awareness regarding the importance of having mammograms.
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.
0.05 Susan Smith Request Regarding Advisory Board Vote [19-0830]
Policy.
Susan Smith, a Historic District Commission (HDC) member, petitioned the
Council to modify the Town statute to allow a majority vote, if necessary,
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to uphold board decisions. The current HDC had only five members, and
changing the rule would be preferable to rushing to appoint three new
members, she said.
A motion was made by Council Member Oates, 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.
0.06 Daniel Dunn Request Regarding Government [19-0831]
Transparency.
Daniel Dunn, a Chapel Hill resident and former Town employee, said he
had received no response to his inquiry about why Town employee salary
data was not available on the Town's open data portal. In the interest of
transparency, such information should be open by default and published
consistent with open records law, he said.
A motion was made by Council Member Parker, 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.
1. Parks, Greenways, and Recreation Commission Request to [19-0802]
Permit Current Commission Officers to Serve an Additional Year
and a Recommendation to Change the Policy.
Renuka Soll, representing the Parks Greenways and Recreation
Commission, petitioned the Council to permit existing Commissioners to
serve for an additional year and to amend the policy allowing additional
years of service in the event that no other board member was able to
serve as an officer. The Commission's chair and vice chair had reached
their two-year limit and no other member had agreed to replace them for
the 2019-2020 term, he explained.
Mayor Hemminger said that the Council Committee on Boards and
Commissions would be bringing back a related recommendation.
A motion was made by Council Member Buansi, 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.
2. Parks, Greenways, and Recreation Commission Request to [19-0803]
Reconsider the Designation of a Cemetery Champion Seat on
the Commission.
Wesley McMahan, Parks Greenways Recreation and Cemetery Commission
chair, said that his Commission had voted unanimously to request that
the Council change the seat reserved for a Cemetery champion to a
regular seat. He described several attempts to fill the seat and said that
Commissions were capable of representing Cemetery interests without
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having a designated seat.
A motion was made by Council Member Schaevitz, seconded by Council
Member Stegman, that this Petition be received and referred to the Town
Manager and Mayor. The motion carried by a unanimous vote.
ANNOUNCEMENTS BY COUNCIL MEMBERS
2.01 Mayor Hemminger Regarding Changes in Agenda. [19-0832]
Mayor Hemminger said that Item 13 had been removed from the agenda
and would return at a later date. In addition, Item 16 was being moved
ahead to follow Item 12, she said.
2.02 Mayor Hemminger Regarding Orange County Job Fair. [19-0833]
Mayor Hemminger said that a recent Job Fair had the largest
pre-registration and attendance to date. She described the event and
congratulated Orange County for its hard work.
2.03 Mayor Hemminger Regarding Transportation Impact [19-0834]
Analysis Study at Eastowne Meeting.
Mayor Hemminger said that a public input session regarding the traffic
impact analysis at Eastowne would be held from 6:30-8:00 p.m. on
October 3rd at the Seymour Center.
2.04 Mayor Hemminger Regarding Council Committee on [19-0835]
Economic Sustainability Meeting.
Mayor Hemminger announced that the Council Committee on Economic
Sustainability would hold a public meeting on October 4th at 8:00 p.m. at
the Public Library. The agenda would address redevelopment trends for
malls and would include recommendations from the Community Design
Commission for changes to the concept plan process, she said.
2.05 Mayor Hemminger Regarding Wegmans Street [19-0836]
Improvements Public Meeting.
Mayor Hemminger announced that a public meeting regarding street
improvements at Wegmans would be held on October 7th at 5:15 p.m. at
Town Hall.
2.06 Mayor Hemminger Regarding Weaver Crossing Meeting. [19-0837]
Mayor Hemminger said that a community meeting on the proposed Weaver
Crossing subdivision would be held on October 9th at 5:30 p.m. at the
Public Library.
2.07 Mayor Hemminger Regarding Festifall. [19-0838]
Mayor Hemminger reminded all that Festifall would begin in Downtown
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Chapel Hill at 11:00 a.m. on October 12th.
2.08 Mayor Hemminger Regarding Walk to School Day. [19-0839]
Mayor Hemminger said that she and Council Member Stegman had
participated in Walk to School Day that morning at Ephesus Elementary
School and that Council Member Gu had done the same at Estes
Elementary School.
2.09 Council Member Schaevitz Regarding 919 Film Festival. [19-0840]
Council Member Schaevitz noted that Filmfest 919 would begin on October
9th at the Silver Spot Theater. She said that seven of the films screened
there last year had gone on to win Academy Awards, including best
picture. More information was available at filmfest919.com, she said.
CONSENT
Items of a routine nature will be placed on the Consent Agenda to be voted on in a
block. Any item may be removed from the Consent Agenda by request of the Mayor
or any Council Member.
Approval of the Consent Agenda
A motion was made by Council Member Parker, seconded by Council Member
Schaevitz, that R-1 be adopted, which approved the Consent Agenda. The motion
carried by a unanimous vote.
3. Approve all Consent Agenda Items. [19-0804]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
4. Call a Public Hearing on November 13, 2019 for Amendments to [19-0805]
Land Use Management Ordinance Articles 3, 4, and 6
Pertaining to Conditional Zoning.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
5. Adopt Minutes from March 6, 13, and 20, 2019 and April 10, 17, [19-0806]
and 24, 2019, and May 1 and 8, 2019 Meetings.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
INFORMATION
6. Receive Upcoming Public Hearing Items and Petition Status [19-0807]
List.
This item was received as presented.
7. Receive Annual Compliance Reports for July 1, 2018 - June 30, [19-0808]
2019 for the Carolina North, Glen Lennox, Fire Station #2, and
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Obey Creek Development Agreements.
This item was received as presented.
8. Receive Orange County Human Services Center Report. [19-0809]
This item was received as presented.
DISCUSSION
9. Presentation: Chapel Hill/Orange County Visitors Bureau on its [19-0810]
2019/20 Strategic Plan.
Laurie Paolicelli, Orange County Visitors Bureau executive director, gave a
PowerPoint presentation on the Town's tourism industry, which she said
was strong and had been growing consistently over the past five years.
She said that a recent study about changing perceptions of Chapel Hill
would be unveiled in November 2019. She outlined some of what
respondents liked most about the Town as well as what deterred visitors.
Ms. Paolicelli mentioned growing opportunities in culinary tourism and
achievement travel such as classes, races, and walking tours and said she
was examining the relevance of having a welcome center. She described
several upcoming promotional activities and noted evolving approaches to
promotion, such as placing stories on Google.
This item was received as presented.
10. Presentation: Orange Water and Sewer Authority (OWASA) [19-0811]
Agua Vista Web Portal.
Ruchir Vora, OWASA board chair, gave a PowerPoint presentation with a
background on the Aqua Vista Web Portal, a project that had begun in
March 2019 to provide nearly real-time water information, eliminating the
need to manually read meters.
Mary Tiger, OWASA sustainability manager, demonstrated how Agua Vista
worked and said that OWASA was expecting a 10-year payback on its $5.3
million investment. She said that 31.1 percent of eligible accounts had
already registered, and she outlined efforts to increase those numbers.
Town Sustainability Officer John Richardson commented on the benefits of
being able to immediately detect water leaks. Aqua Vista was revealing
how residents use water and how this would lead to better management,
he said.
Mayor Hemminger said that the Town would continue to promote the
program. Aqua Vista had been saving water, costs, and had been
installed ahead of schedule, she said.
This item was received as presented.
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11. Amend Chapter 21 of the Code of Ordinances on Turn [19-0733]
Regulations to Prohibit Right Turns on a Red Signal at Several
Intersections. (Reissued from September 11, 2019)
Chapel Hill Police Department Captain Donnie Rhodes, Special Operations
Unit supervisor, addressed a petition from the Council and the North
Carolina Department of Transportation (NC DOT) to review 16 traffic
intersections in Town that might benefit by having a prohibition on right
turns at red lights. The University of North Carolina-Chapel Hill (UNC) and
the Town's Transportation and Connectivity Board had approved the
proposed changes, he said.
Traffic Engineer Kumar Neppalli outlined the criteria that had been used to
make the staff's recommendation. He showed where the 16 intersections
were located, noted variations among them, and pointed out that most
were in the Downtown area. Mr. Neppalli said that a traffic impact
analysis had found that five intersections would have lower levels of
service at peak hours as a result of the change. However, those changes
were acceptable levels, and he recommended approval.
Chapel Hill residents Sheila Kannappan and Geoff Green, both of whom
ride bikes to work in Town, expressed support for the change. Ms.
Kannappan asked that the list include the intersection of Pittsboro Street
and Cameron Avenue, which she described as highly dangerous.
Jason Merrill, Transportation and Connectivity Advisory Board chair, said
that his board had strongly supported the change. "All road users deserve
safe streets; no loss of life on a road is acceptable; and injury or death
are not an inevitable price to pay for mobility," he said.
The Council confirmed with Mr. Neppalli that "No Turn On Red" signs would
be installed beside signal heads and that the Town would need permission
from the NC DOT to include the Pittsboro Street/Cameron Avenue
intersection in the ordinance. They ascertained from Captain Rhodes that
bicyclists were expected to follow the same rules as vehicles.
Some Council members shared experiences of having felt vulnerable
themselves while riding bicycles on Town streets and/or walking bikes
across intersections. Mayor Hemminger pointed out that North Carolina
was the ninth most populated state in the nation and had the highest
number of pedestrian/vehicle deaths. Most of those deaths were not in
Chapel Hill, but there was a huge effort being made toward using seat
belts and making interactions with bikes and pedestrians safer, she said.
Council Member Oates said that she saw the issue from both sides. She
pointed out that the change would make traffic jams worse, and that it
would have climate implications because more cars would be idling while
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waiting to turn. It was a hard decision, but she could not support the
change, she said.
A motion was made by Council Member Parker, seconded by Council Member
Bell, and Council Member Schaevitz offered a friendly amendment to include
the Greensboro Street/Cameron Avenue intersection, if the NC DOT
approved it, that O-1 be enacted as amended. The motion carried by the
following vote:
Aye: 7 - Mayor Hemminger, Council Member Bell, Council Member
Buansi, Council Member Gu, Council Member Parker, Council
Member Stegman, and Council Member Schaevitz
Nay: 1 - Council Member Oates
A motion was made by Council Member Gu, seconded by Council Member
Oates, that a traffic analysis be conducted in a year's time. The motion carried
by a unanimous vote.
12. Charting Our Future - Update on Engagement Efforts and [19-0812]
Consideration of Revisions to the Draft Focus Area Maps &
Principles.
Land Use Management Ordinance (LUMO) Project Manager Alisa Duffey
Rogers provided a brief update on efforts to engage the public in
conversations about the draft Focus Area Maps and Principles. She said
that she had talked with approximately 325 community members and that
feedback included a petition from the Glen Heights neighborhood, asking
that they be removed from the focus area. She pointed out that a new
character type could be created that would better reflect the individual
homes at Glen Heights.
Ms. Duffey Rogers said that some had suggested that character types be
less prescriptive. She said that community members appeared to be
conflicted about a future vision for the Town. She reported that UNC had
requested that a 56-acre parcel adjacent to Meadowmont be included in
the NC 54 Focus Area. In addition, Southern Village had asked that areas
adjacent to South Columbia Street and at the Market Street intersection
be included as well, she said.
Ms. Duffey Rogers recommended that the Council adopt Resolution 4,
authorizing the Town Manager to remove Glen Heights from the South
Martin Luther King Jr. Boulevard Focus Area. Developing a new character
type would be Resolution 5, she said. She also recommended adding the
parcels adjacent to Meadowmont and Southern Village to the appropriate
focus area maps. Ms. Duffy Rogers said she would return to the Council
before the end of the calendar year with the results of further public
engagement.
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Council members confirmed with Ms. Duffey Rogers that their approval
would merely open the discussion about the Southern Village (SV) parcel,
which was currently designated as open space and what it would be in
2049. Designations for the portions of SV that run along Market Street
could potentially change, she said.
The Council confirmed that a new character type for Glen Heights would
apply only to that neighborhood, according to the current proposal (R-4).
In response to a question from Council, Ms. Duffey Rogers agreed to
return with a spectrum of options for "less prescriptive" character types.
The Council confirmed with her that adding new parcels would not create
significant delay.
The Council ascertained that a nearby church shared ownership with SV of
the property along Market Street and that Allen Rental owned the piece
along South Columbia Street. They verified that former Council had
denied an application to develop the Meadowmont parcel because the land
there had been deemed too environmentally sensitive for the project that
had been proposed.
Glen Heights/Windsor Circle residents Heather Hille, Val Martinez, Robert
Schreiner and Gary Baum described feelings of surprise and shock when
they learned that their neighborhood was being recommended for
"characterization". They said that the proposed change would threaten
their quality of life, and they asked the Council to remove Glen Heights
from the South Martin Luther King Jr. Boulevard Focus Area.
Julie McClintock, a Chapel Hill resident and former Council member,
confirmed that the Meadowmont parcel had been deemed too ecologically
sensitive for development in the past. She suggested that the Council
contact neighbors at The Cedars to learn the history of that parcel before
considering it as a focus area.
Council Member Schaevitz suggested sending the SV parcel to the Focus
Area Subcommittee for analysis, and the Council discussed the need for an
environmental analysis of the Meadowmont site. There was some
agreement on Resolution-5, and for having a larger policy discussion about
creating a character type that would preserve other neighborhoods as well.
However, Council Member Parker expressed support for removing Glen
Heights because he did not think the FLUM would provide the protection
those neighbors were seeking. Council Member Oates asked staff to bring
back options for preserving Glen Heights and other such neighborhoods.
There was some disagreement among Council members regarding the
Meadowmont and SV parcels. Council Member Oates said that adding SV
to the FLUM at the current time could lead to conflict. She argued that
the Meadowmont property should be removed as well, pending an
environmental study.
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Council Member Buansi said he thought that Meadowmont should be
added, but agreed that background information was needed first. He
pointed out that the Focus Area Subcommittee would be thinking
holistically about the entire SV area. Council Member Parker then
proposed including the SV parcels in the SV Focus Area with the
understanding that the Subcommittee would recommend how they were to
be designated.
Mayor Hemminger said that the Council seemed to be split (4/4) on the
Glen Heights issue. She expressed support for leaving it in while finding a
way to preserve that character type when development pressures become
more intense. She did not want to set a precedent by removing it from
the Future Land Use Map she said. With regard to the Meadowmont
parcel, Mayor Hemminger said that the Council wanted more information
before making a decision. Most Council members seemed okay with
having the Focus Area Subcommittee return with a recommendation on the
SV parcels, she said.
Council Member Gu moved that a new character type be developed that
would consider the characteristics of communities in the transit-oriented
development corridor. Council Member Oates seconded that, but other
Council members raised questions and Council Member Gu ultimately
proposed amending R-5 to include developing a new character type for Glen
Heights. The motion failed by the following vote:
Aye: 4 - Mayor Hemminger, Council Member Gu, Council Member
Oates, and Council Member Schaevitz
Nay: 4 - Council Member Bell, Council Member Buansi, Council
Member Parker, and Council Member Stegman
A motion was made by Council Member Parker, seconded by Council Member
Stegman, that the section of R-4 that would remove Glen Heights from the S.
MLK Focus Area, as residents had requested, be adopted. The motion failed
by the following vote:
Aye: 4 - Council Member Bell, Council Member Buansi, Council
Member Parker, and Council Member Stegman
Nay: 4 - Mayor Hemminger, Council Member Gu, Council Member
Oates, and Council Member Schaevitz
A motion was made by Council Member Bell, seconded by Council Member
Parker, that the section of R-4 that would add the two SV parcels to the SV
Focus Area be adopted. The motion carried by a unanimous vote.
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A motion was made by Council Member Gu, seconded by Council Member
Oates, that the section of R-4 that would exclude the Meadowmont parcel
until an environmental assessment had justified its feasibility for development
be adopted. The motion carried by the following vote:
Aye: 5 - Mayor Hemminger, Council Member Buansi, Council Member
Gu, Council Member Oates, and Council Member Schaevitz
Nay: 3 - Council Member Bell, Council Member Parker, and Council
Member Stegman
Ms. Duffey Rogers said she would return to Council with different ranges
and options for character types along the South Martin Luther King Jr.
Boulevard corridor.
A motion was made by Council Member Parker, seconded by Council Member
Gu, that the section of R-4 that would authorize the Town Manger to
investigate and return to Council with options for less-prescriptive Character
Types be adopted. The motion carried by a unanimous vote.
13. Receive the Affordable Housing FY 19 Annual Report. [19-0813]
This item was deferred to November 20, 2019.
CONTINUED DISCUSSION
16. Response to a Request to Limit the Scope of the Proposed [19-0816]
Special Use Permit Modification Application for Wegmans Food
Market, 1810 Fordham Blvd.
Principal Planner Judy Johnson summarized a staff recommendation to
limit the scope of a Special Use Permit (SUP) modification review
regarding a realignment of a US 15-501 Service Road. She showed the
area across from State Employee Credit Union property on an area map.
Council members confirmed with Ms. Johnson that approval would not
necessarily imply that the Town was open to developing two parcels in the
area. They verified that the Service Road belonged to NC DOT, which
would make the decision regarding driveway permits. However, the
Council could stipulate a preference and approve the realignment without
indicating driveway cuts, Ms. Johnson said.
Council Member Gu raised questions about a change to Wegmans's plans
that would reduce the size of its building but leave the same number of
parking spaces.
Mayor Hemminger said that the Council had voted to discuss only the
Service Road and not the entire SUP, but Council Member Gu replied that
the Council was also being asked to consider whether or not to have a
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more general conversation about the SUP. Allowing excessive parking
would be inconsistent with the Town's vision for the US 15-501 corridor,
Council Member Gu said.
Council Member Parker characterized the proposed configuration for the
Service Road as a vast improvement. He confirmed with Ms. Johnson that
not granting that limited request could lead to the applicant abandoning
the idea.
Council Member Buansi spoke in support of keeping a limited scope as
well, but Council Member Gu continued to argue in favor of having a
discussion, at least, about reducing parking at Wegmans.
Town Manager Maurice Jones offered to revisit the parking issue with
Wegmans outside of the current SUP discussion, and Mayor Hemminger
said that the Council would appreciate that. She pointed out that the
Town had discussions with Wegmans about developing parts of the
parking lot in the future. She agreed that there was an enormous amount
of parking, but said that two years of conversations had led to road
options being proposed. Mayor Hemminger encouraged the Council to
vote in favor of the proposed modification.
Council Member Schaevitz moved R-9, and refused a friendly amendment
from Council Member Oates to erase the driveway cuts.
A motion was made by Council Member Schaevitz, seconded by Council
Member Parker, that R-9 be adopted. The motion carried by the following
vote:
Aye: 7 - Mayor Hemminger, Council Member Bell, Council Member
Buansi, Council Member Oates, Council Member Parker,
Council Member Stegman, and Council Member Schaevitz
Nay: 1 - Council Member Gu
17. Consider Modifying the Process to Interview Applicants to the [19-0817]
Boards with Semi-Autonomous Authority.
This item was deferred and will return to the Town Council on October 30,
2019.
CONCEPT PLAN REVIEW(S)
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Concept Plans: Presentations for Concept Plans will be limited to 15 minutes.
Concept Plan review affords Council members the opportunity to provide individual
reactions to the overall concept of the development which is being contemplated for
future application. Nothing stated by individual Council members this evening can
be construed as an official position or commitment on the part of a Council member
with respect to the position they may take when and if a formal application for
development is subsequently submitted and comes before the Council for formal
consideration.
As a courtesy to others, people speaking on an agenda item are normally limited to
three minutes. Persons who are organizing a group presentation and who wish to
speak beyond the three minute limit are requested to make prior arrangements
through the Mayor’s Office by calling 968-2714.
14. Concept Plan Review: University Place, 201 S. Estes Drive [19-0814]
(Project #19-108).
Ms. Johnson explained that a current SUP on the University Place site had
last been modified in 2000. Staff was expecting that the new owner, Ram
Realty, would submit a Conditional Zoning (CZ) application, she said,
adding that the Community Design Commission had reviewed the concept
plan. She recommended that the Council hear the applicant's presentation
and adopt Resolution 9, transmitting their comments to the applicant.
Ashley Saulpaugh, representing Ram Reality, gave a PowerPoint
presentation on the evolution of American shopping malls and how
University Place (which currently had only a 51 percent interior occupancy)
would need to change in order to thrive. He said that Ram Reality had
bought the property with the intention of changing it into a vibrant, open
air, town center.
Mr. Saulpaugh described a plan to flip the mall's space from interior to
exterior, create a better pedestrian environment, add green gathering
spaces and spaces for events, and create a place for the Chapel Hill
Farmers Market. He described a mixed-use environment, a commitment to
sustainability and energy efficiency, and a reduction in impervious surface.
He mentioned some of the site's limitations, such as current tenants
having leases and the property being located in a floodplain.
Mr. Saulpaugh said that Ram's current efforts included looking at
demolishing about 40,000 square feet, which would allow additional
exterior storefronts to create a green, more walkable, main street
atmosphere. A high priority would be to reconfigure an area along Estes
Drive and create a multi-use path there that would include an area where
greenway trails would connect, he said.
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Mr. Saulpaugh described a five-block plan similar to that used at The Edge
and Carraway Village. It would be a multi-phased development, with the
current focus on a 3-5 year horizon, he said. He showed renderings of
what phase one could look like and said that details regarding long-term
development would be defined in the CZ application.
In response to Council questions, Mr. Saulpaugh showed two locations
where the Farmers Market could be located. He also explained his intent
to seek a single entitlement and said that CZ would allow open dialogue
about the best way to do that. The Council asked staff to return with
information on how many stories the land could support. They confirmed
that the applicant had talked with a nearby church about its parking
needs.
Ms. McClintock raised stormwater concerns and presented a visual that
showed water flow in the area. She noted the high number of other
development projects that had already been approved and said that they
would amount to 3-4 million square feet of additional impervious surface.
Ms. McClintock stressed the importance of thinking about future flooding
in the area.
Pamela Schultz, Stormwater Advisory Board chair but speaking only for
herself, pointed out that the chances of flooding grew greater with each
passing year. She stressed the need to be careful with how University
Place was developed, noting that in-fill in one place could lead to more
flooding elsewhere.
Wesley McMann, Greenways Parks and Recreation chair but speaking only
for himself, commended the applicant for involving the Estes Greenway in
the plan and for proposing a connection to Bolin Creek. He recommended
designating a way for bikes to go into the property.
Linda Brown, a Chapel Hill resident, commended the applicant for the plan
and said that having space that was green and shaded would help the
floodplain. However, the concept was missing an opportunity to create
housing for University students, she said, and she showed pictures of
similar town centers that had apartments and condos above retail.
Council members expressed enthusiasm for the concept's green aspects,
connectivity plans, gathering spaces, and general approach. They raised
concerns about potential flooding and expressed their desire for a greater
reduction in parking and impervious surface. Several Council members
mentioned the Farmers Market's quest for a permanent home, and Council
Member Gu said she wanted to see a master plan with a guiding vision for
the entire project.
Individual Council members' suggestions included having a splash pad,
green roofs and solar panels, a large gathering space, designated
bikeways, and a bike fix-it station. The Council asked the applicant to
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bring back pictures of what could really be built, given the property's flood
conditions.
Mr. Saulpaugh said that Ram Realty intended to do what it could to soften
the parking area, but he pointed out that much of that was protected by
current tenants' leases. He was showing a 3-5 year plan, but those
parking areas would be freed as leases began to end, he said.
A motion was made by Council Member Parker, seconded by Council Member
Schaevitz, that R-6 be adopted. The motion carried by a unanimous vote.
15. Concept Plan Review: 136 E. Rosemary Street/137 E. Franklin [19-0815]
Street (Project #19-109).
Ms. Johnson explained the applicant's proposal regarding a property that
was zoned Town Center-2 on Rosemary Street and Town Center-1 on the
Franklin Street side. She said that the applicant was required to bring the
request to add about 5,000 square feet of new floor area to the Council
because it exceeded what was allowed under existing zoning. She showed
pictures of the building and a rendering of what it would look like after
improvements. Ms. Johnson recommended that the Council adopt
Resolution 7, transmitting Council comments to the applicant, and
Resolution 8, which would limit the scope of the SUP modification review.
Joe Dye, representing Grubb Properties, provided background information
on the property, which had been purchased in April 2019. He said that the
Franklin Street side had already been renovated, and he showed a
rendering of how the Rosemary Street side would look after renovation
had been completed.
Council members asked the applicant to consider improving a brick wall
that faced a parking garage. They confirmed that people would still be
able to cut through the building from Rosemary to Franklin Street and
verified that there would be adequate parking in the area.
Mayor Hemminger said that the Council was excited about the opportunity
to have the more functional and better looking building that was being
proposed. She suggested incorporating some form of signature art on the
Rosemary Street side and said that the Council accepted the limited scope
and hoped to expedite the process.
Council Members Oates and Gu raised questions about environmental
standards pertaining to buildings with as much glass as was being
proposed. Council Member Oates suggested that the applicant consult
with the Environmental Stewardship Advisory Board.
Ms. Johnson pointed out that Council policy required applicants to submit
energy management plans as part of the SUP process.
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Town Council Meeting Minutes - Final October 2, 2019
A motion was made by Council Member Parker, seconded by Council Member
Schaevitz, that R-7 be adopted. The motion carried by a unanimous vote.
A motion was made by Council Member Parker, seconded by Council Member
Stegman, that R-8 be adopted. The motion carried by a unanimous vote.
APPOINTMENTS
19. Appointments to the Short Term Rental Task Force. [19-0819]
The Council appointed Shelley Def Osset, Jamine Ifedi, James Parrott,
Sally Persing, John Quintero, Manish Atma, Anthony Carey, Steven
Whitlow, Nathan Ligo, Alexa Nota, and Alternate members: Jennifer
Hoffman and Mary Stowe.
18. Appointments to the Board of Adjustment. [19-0818]
The Council made a recommendation to the Orange County Board of
Commissioners to appoint Thomas Wortman and Michael Murphy to the
two County positions and appointed Enton Hito and Ian Morse to the Town
Alternate seats.
A motion was made by Council Member Parker, seconded by Council Member
Gu, that R-11 be adopted as amended. The motion carried by a unanimous
vote.
ADJOURNMENT
The meeting was adjourned at 11:18 p.m.
Page 16 of 16
Agenda
Town Hall
TOWN OF CHAPEL HILL 405 Martin Luther King Jr.
Boulevard
Town Council Chapel Hill, NC 27514
Meeting Agenda
Mayor Pam Hemminger Council Member Nancy Oates
Mayor pro tem Jessica Anderson Council Member Michael Parker
Council Member Donna Bell Council Member Rachel Schaevitz
Council Member Allen Buansi Council Member Karen Stegman
Council Member Hongbin Gu
Wednesday, October 2, 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. Parks, Greenways, and Recreation Commission [19-0802]
Request to Permit Current Commission Officers to
Serve an Additional Year and a Recommendation to
Change the Policy.
2. Parks, Greenways, and Recreation Commission [19-0803]
Request to Reconsider the Designation of a Cemetery
Champion Seat on the Commission.
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
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Town Council Meeting Agenda October 2, 2019
of the Mayor or any Council Member.
3. Approve all Consent Agenda Items. [19-0804]
By adopting the resolution, the Council can approve various
resolutions and ordinances all at once without voting on each
resolution or ordinance separately.
4. Call a Public Hearing on November 13, 2019 for [19-0805]
Amendments to Land Use Management Ordinance
Articles 3, 4, and 6 Pertaining to Conditional Zoning.
By adopting the resolution, the Council calls a Public Hearing on
November 13, 2019 at 7:00 p.m. to consider possible Land Use
Management Ordinance text amendments regarding changes to
Article 3, Article 4, and Article 6 regarding conditional zoning and
use regulations.
5. Adopt Minutes from March 6, 13, and 20, 2019 and [19-0806]
April 10, 17, and 24, 2019, and May 1 and 8, 2019
Meetings.
By adopting the resolution, the Council approves the summary
minutes of past meetings which serve as official records of the
meetings.
INFORMATION
6. Receive Upcoming Public Hearing Items and Petition [19-0807]
Status List.
By accepting the report, the Council acknowledges receipt of the
Scheduled Public Hearings and Status of Petitions to Council lists.
7. Receive Annual Compliance Reports for July 1, 2018 - [19-0808]
June 30, 2019 for the Carolina North, Glen Lennox,
Fire Station #2, and Obey Creek Development
Agreements.
By accepting the reports, the Council acknowledges receipt of
itemized activities during the past year related to the Carolina
North, Glen Lennox, Obey Creek, and Fire Station #2 Development
Agreements.
8. Receive Orange County Human Services Center [19-0809]
Report.
By accepting the report, the Council acknowledges receipt of the
report on construction activities during the past five years related to
the Orange County Human Services Center Special Use Permit.
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Town Council Meeting Agenda October 2, 2019
DISCUSSION
9. Presentation: Chapel Hill/Orange County Visitors [19-0810]
Bureau on its 2019/20 Strategic Plan.
PRESENTER: Laurie Paolicelli, Visitors Bureau Executive Director
RECOMMENDATION: That the Council receive the update.
10. Presentation: Orange Water and Sewer Authority [19-0811]
(OWASA) Agua Vista Web Portal.
PRESENTER: Mary Tiger, OWASA Sustainability Manager
RECOMMENDATION: That the Council receive the update.
11. Amend Chapter 21 of the Code of Ordinances on Turn [19-0733]
Regulations to Prohibit Right Turns on a Red Signal at
Several Intersections. (Reissued from September 11,
2019)
PRESENTER: Kumar Neppalli, Traffic Engineering Manager
Donnie Rhoads, Patrol Captain
RECOMMENDATION: That the Council enact an ordinance that
amends turn regulations, prohibiting right turns on a red signal at
various intersections.
12. Charting Our Future - Update on Engagement Efforts [19-0812]
and Consideration of Revisions to the Draft Focus Area
Maps & Principles.
PRESENTER: Alisa Duffey Rogers, LUMO Project Manager
RECOMMENDATION: That the Council receive this update on the
ongoing engagement efforts for the draft Focus Area Maps and
Principles and adopt one of the attached resolutions authorizing the
Town Manager to either remove Glenn Heights from the South Martin
Luther King Jr. Blvd. Focus Area or develop a new Character Type
that emphasizes individual dwelling units rather than multi-unit
residential buildings; investigate and return to Council with options
for less prescriptive Character Types; and add parcels, adjacent to
Meadowmont & Southern Village, to the appropriate Focus Area
Maps.
13. Receive the Affordable Housing FY 19 Annual Report. [19-0813]
PRESENTER: Sarah Osmer Viñas, Assistant Director, Housing and
Community
Nate Broman-Fulks, Affordable Housing Manager
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RECOMMENDATION: That the Council receive the Fiscal Year 2019
Annual Report.
CONCEPT PLAN REVIEW(S)
Concept Plans: Presentations for Concept Plans will be limited to 15 minutes.
Concept Plan review affords Council members the opportunity to provide
individual reactions to the overall concept of the development which is being
contemplated for future application. Nothing stated by individual Council
members this evening can be construed as an official position or commitment
on the part of a Council member with respect to the position they may take
when and if a formal application for development is subsequently submitted
and comes before the Council for formal consideration.
As a courtesy to others, people speaking on an agenda item are normally
limited to three minutes. Persons who are organizing a group presentation
and who wish to speak beyond the three minute limit are requested to make
prior arrangements through the Mayor’s Office by calling 9682714.
14. Concept Plan Review: University Place, 201 S. Estes [19-0814]
Drive (Project #19-108).
PRESENTER: Judy Johnson, Interim Planning Director
a. Review of process
b. Presentation by the applicant
c. Comments from the Community Design Commission
d. Comments from the public
e. Comments and questions from the Mayor and Town Council
f. Motion to adopt a resolution transmitting Council comments to
the applicant.
RECOMMENDATION: That the Council adopt the attached resolution
transmitting comments to the applicant regarding the proposed
development.
15. Concept Plan Review: 136 E. Rosemary Street/137 E. [19-0815]
Franklin Street (Project #19-109).
PRESENTER: Judy Johnson, Interim Planning Director
a. Review of process
b. Presentation by the applicant
c. Comments from the Community Design Commission
d. Comments from the public
e. Comments and questions from the Mayor and Town Council
f. Motion to adopt a resolution transmitting Council comments to
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Town Council Meeting Agenda October 2, 2019
the applicant
g. Motion to adopt a resolution limiting the scope of the Special
Use Permit Public Hearing.
RECOMMENDATION: That the Council adopt the attached Resolution
A transmitting comments to the applicant regarding the proposed
development, and that the Council adopt Resolution B, in response
to a petition submitted on September 11, 2019 requesting a limited
scope to a Special Use Permit.
CONTINUED DISCUSSION
16. Response to a Request to Limit the Scope of the [19-0816]
Proposed Special Use Permit Modification Application
for Wegmans Food Market, 1810 Fordham Blvd.
PRESENTER: Judy Johnson, Interim Planning Director
RECOMMENDATION: That the Council adopt the resolution limiting
the scope of the review of a Special Use Permit modification to the
realignment of the US 15-501 Service Road across the State
Employees Credit Union property.
17. Consider Modifying the Process to Interview [19-0817]
Applicants to the Boards with Semi-Autonomous
Authority.
PRESENTER: Michael Parker, Council Member
RECOMMENDATION: That the Council modify the process to interview
applicants to the semi-autonomous boards, which includes the Board
of Adjustment and Historic District Commission.
APPOINTMENTS
18. Appointments to the Board of Adjustment. [19-0818]
19. Appointments to the Short Term Rental Task Force. [19-0819]
REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT,
PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS
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