Town Council

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 Hongbin Gu Mayor pro tem Michael Parker Council Member Tai Huynh Council Member Jessica Anderson Council Member Amy Ryan Council Member Allen Buansi Council Member Karen Stegman Wednesday, November 4, 2020 7:00 PM Virtual Meeting Virtual Meeting Notification Town Council members will attend and participate in this meeting remotely, through internet access, and will not physically attend. The Town will not provide a physical location for viewing the meeting. The public is invited to attend the Zoom webinar directly online or by phone. Register for this webinar: https://us02web.zoom.us/webinar/register/WN_SuXp0Y89S2SJLzszDwAlTQ After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 851 3265 3999 View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx – and on Chapel Hill Gov-TV (townofchapelhill.org/GovTV). Roll Call Present: 8 - Mayor Pam Hemminger, Mayor pro tem Michael Parker, Council Member Jessica Anderson, Council Member Allen Buansi, Council Member Hongbin Gu, Council Member Karen Stegman, Council Member Tai Huynh, and Council Member Amy Ryan Other Attendees Town Manager Maurice Jones, Deputy Town Manager Florentine Miller, Town Attorney Ann Anderson, Planning Operations Manager Judy Johnson, Community Resilience Officer John Richardson, Transit Director Brian Litchfield, Traffic Engineering Manager Kumar Neppalli, Planner II Michael Sudol, Senior Planner Jake Lowman, Executive Director for Technology and CIO Scott Clark, Communications and Public Affairs Director/Town Clerk Sabrina Oliver, and Deputy Town Clerk Amy Harvey. OPENING Mayor Hemminger opened the virtual meeting at 7:00 p.m. and pointed out that Item 5 had been removed from the Consent Agenda. She said that interpreters Page 1 of 17 Town Council Meeting Minutes - Final November 4, 2020 would be translating portions of the meeting. Mayor Hemminger called the roll and all Council Members replied that they were present. ANNOUNCEMENTS BY COUNCIL MEMBERS 0.01 Mayor Hemminger Regarding Election. [20-0779] Mayor Hemminger congratulated recently elected state officials and noted that the U.S. Presidential race and some North Carolina races were still undecided. She expressed appreciation to local and national election boards for ensuring a legal and fair election. 0.02 Mayor Hemminger Regarding Street Path Survey. [20-0780] Mayor Hemminger said that staff had identified five temporary pathways that would provide extra walking and biking space in Town. She encouraged residents to participate in a Street Path Survey that was on the Town website. 0.03 Mayor Hemminger Regarding Council Committee on [20-0781] Economic Sustainability Meeting. Mayor Hemminger announced a Council Committee on Economic Sustainability virtual meeting on November 6, 2020 at 8:00 a.m. The Committee would discuss the Town's economic recovery effort and the East Rosemary Street Parking Deck design and traffic impact analysis, she said, adding that the public was welcome to attend via a link on the Town website. 0.04 Council Member Buansi Regarding Poet Laureate. [20-0782] Council Member Buansi encouraged residents to view "In The Aftermath", by Chapel Hill's Poet Laureate CJ Suitt, on the Town website. He said that the poem was a great piece that was fitting for the current times. Mayor Hemminger agreed with that characterization and said that she would bring the poem forward at a future Council meeting. PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND PETITIONS FROM THE PUBLIC AND COUNCIL MEMBERS Page 2 of 17 Town Council Meeting Minutes - Final November 4, 2020 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. Barbara Driscoll Request for a Leave the Leaves Campaign. [20-0755] Barbara Driscoll, New Hope Audubon Society president, petitioned the Council regarding a "Leave the Leaves" campaign to educate the public on the benefits of letting leaves remain on their properties rather than having the Public Works Department come and take them away. She outlined the environmental and economic benefits of doing so and said that no staff positions would be eliminated as a result of the change. A motion was made by Council Member Anderson, seconded by Council Member Stegman, that this Petition be received and referred to the Mayor and Town Manager. The motion carried by a unanimous vote. 1.01 Adrienne Tucker Support of Leave the Leaves Campaign. [20-0783] Adrienne Tucker, Environmental Stewardship Advisory Board chair, expressed support for the "Leave the Leaves" petition in Item 1. The proposal was a "no-brainer" that would have a large environmental impact, she said. This item was received as presented. 2. Residents in the area of Mason Farm Rd., Whitehead Circle, [20-0756] and Purefoy Rd Request Improvements to Neighborhood Infrastructure to Promote Safe Walking and Biking and Improved Connectivity to Adjacent Neighborhoods and Campus. A motion was made by Council Member Anderson, seconded by Mayor pro tem Parker, that this Petition be received and referred to the Mayor and Town Manager. The motion carried by a unanimous vote. 2.01 Paris Miller Regarding Support for Affordable Housing. [20-0784] Paris Miller, an EmPOWERment, Inc. board member, thanked the Council for its commitment to affordable housing. She said that EmPOWERment would bring 10 new affordable rental units to the Pine Knolls neighborhood, as part of the Parish Empowerment Affordable Community Housing (PEACH) project, and that Town funding would help them to Page 3 of 17 Town Council Meeting Minutes - Final November 4, 2020 continue improving that neighborhood. This item was received as presented. 2.02 Delores Bailey Regarding Support for Affordable Housing. [20-0785] Delores Bailey, executive director of EmPOWERment, Inc., thanked the Council for helping the Northside community during the COVID-19 pandemic. She began to thank the Town for supporting the PEACH project as well, but the call ended abruptly due to a bad phone connection. This item was received as presented. 2.03 Danita Mason-Hogans Support for Affordable Housing. [20-0786] Danita Mason-Hogans, an EmPOWERment, Inc. board member, thanked the Council for its support and dedicated service to the community. This item was received as presented. CONSENT Items of a routine nature will be placed on the Consent Agenda to be voted on in a block. Any item may be removed from the Consent Agenda by request of the Mayor or any Council Member. Approval of the Consent Agenda A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, that R-1 be adopted as amended, which approved the Consent Agenda. The motion carried by a unanimous vote. 3. Approve all Consent Agenda Items. [20-0757] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 4. Approve the Housing Advisory Board's Recommended Funding [20-0758] Plan for the Affordable Housing Development Reserve. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 5. Revise Sections III. D. and III. E.1. of the Council Procedures [20-0759] Manual Regarding Naming Policies and the Acceptance of Gifts and Donations. This item was removed. 6. Continue the Public Hearing on a Land Use Management [20-0760] Ordinance Text Amendment for Townhomes in the Blue Hill District to November 18, 2020. This resolution(s) and/or ordinance(s) was adopted and/or enacted. Page 4 of 17 Town Council Meeting Minutes - Final November 4, 2020 7. Call a Public Hearing for a Conditional Zoning Application for [20-0761] Columbia Street Annex, 1150 S. Columbia Street, from Residential-2 (R-2) to Mixed Use - Village - Conditional Zoning District (MU-V-CZD) and Continue the Public Hearing for the Closure of an Unmaintained Portion of the Monroe Street Right-of-Way to November 18, 2020. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 8. Adopt a Resolution Closing the Public Hearing for the Land Use [20-0762] Management Ordinance Text Amendment to Article 5 Regarding Parking Limitations in Town Center and Town Code Chapter 11A Regarding Off-Street Parking and a Council Policy on Parking. This resolution(s) and/or ordinance(s) was adopted and/or enacted. INFORMATION 9. Receive Upcoming Public Hearing Items and Petition Status [20-0763] List. This item was received as presented. 10. Government Alliance on Race and Equity Update. [20-0764] Mayor Hemminger said that Item 10 would return for Council discussion when all the necessary information had been assembled, and Town Manager Maurice Jones added that staff planned to return in January 2021. This item was received as presented. DISCUSSION 11. Update on Town Efforts to Respond to the COVID-19 Crisis. (no [20-0765] attachment) Town Manager Maurice Jones gave a PowerPoint update on the Town's COVID-19 response. He said that the Chapel Hill-Carrboro School System (CHCCS) was engaging in remote learning but had presented different options for the spring semester. The University of North Carolina at Chapel Hill (UNC-CH) was finalizing its plans for the spring semester and Town staff had been meeting with them to coordinate plans, he said. Mr. Jones provided information from the U.S. Center for Disease Control regarding the effects of influenza. He encouraged all to get vaccinated as soon as possible and stressed the importance of reducing any additional burden on the healthcare system during the COVID-19 pandemic. Page 5 of 17 Town Council Meeting Minutes - Final November 4, 2020 Mr. Jones reported that community testing for COVID-19 was continuing, both weekly and daily, and that information regarding times and locations could be found at orangecountync.gov/testing. He provided details on a new "Slow Covid NC" app as well. He reminded all to continue following the 3Ws (wear a mask, wash hands regularly, wait six feet apart from others). Council Member Ryan confirmed with Mr. Jones that UNC-CH would inform the Council of its spring semester plans but had not yet set a date for that briefing. This item was received as presented. 12. Receive Progress Report on County-wide Long Term Recovery [20-0766] Plan. Community Resilience Officer John Richardson introduced members of Hagerty Consulting to share additional information on the county-wide Long-Term Recovery Plan, about which he had updated the Council in September. In a PowerPoint presentation, Kayla Slater, senior managing associate at Hagerty Consulting, outlined the goal of determining the pandemic's impact on the Town's economy, community, health, social services, and housing. She said that information about the planning process was available at orangencforward.org Ms. Slater said that Hagerty had provided training on how to navigate funding streams such as public assistance and federal CARES act funds in October. She described a working group of about 130 diverse stakeholders and a project management team that was a mix of representatives from Orange County's three jurisdictions. There had been two large group meetings and a series of focus groups sessions, she said. Ms. Slater mentioned working with the Department of Human Rights and Relations to schedule meetings with non-English-speaking groups. She said that an impact assessment had determined a disproportionate level of COVID-19 infection among Black and Latinx communities. Job loss in Orange County was lower than the national average, but many families were struggling to juggle childcare, virtual learning, and work, she said. Ms. Slater said that the following five goals would provide the backbone of the plan and a related document's organization: addressing fundamental needs of all residents, creating stable affordable housing solutions, promoting dynamic sustainable economic recovery, streamlining access to community resources, and combating the negative effects of social distancing. She reviewed next steps and said that a first draft of the plan Page 6 of 17 Town Council Meeting Minutes - Final November 4, 2020 would be circulated for public comment in January 2021. Council Members asked about plans to target initiatives such as food distribution in various areas of Chapel Hill, Carrboro and Hillsborough. Ms. Slater replied that the current effort was to understand those differences and that a matrix for mapping strategies to specific jurisdictions was being discussed. The Council confirmed with Ms. Slater that the initiative was being coordinated with the Town's long-term recovery plan and that discussions were underway about streamlining resident access to programs through a "one-stop" entry point. Council Members asked for more demographic information about the 311 respondents that were mentioned in an economic impact assessment report. They verified that additional surveys were being planned to reach populations that had not adequately responded the first time. In response to a question from the Council about efforts to reach out to small and minority-owned businesses and other groups, Ms. Slater said that Hagerty Consulting probably would not conduct any additional focus groups at the current time, given its timeline and budget restrictions. Mayor Hemminger noted that several members of Town staff and the community had been serving on Hagerty Consulting and Town committees and she encouraged ongoing collaboration. This item was received as presented. 13. Open a Public Hearing: Conditional Zoning for 1200 & 1204 [20-0767] Martin Luther King Jr. Blvd. from Residential-4 (R-4) and Neighborhood Commercial (NC) to Office/Institutional-2-Conditional Zoning District (OI-2-CZD) and Neighborhood Commercial Conditional Zoning District (NC-CZD) (Project #19-065). Planner Michael Sudol opened a public hearing on a request to rezone property at 1200 Martin Luther King Jr. Boulevard (MLK) to Conditional Zoning to allow the 12.9-acre site to accommodate a self-storage facility, mobile-home park and expanded gas station/store. He reviewed the site plan and noted a substantial amount of Resource Conservation District (RCD) at the northern end of the property. Mr. Sudol outlined the proposal to demolish an existing gas station and replace it with the new buildings. He explained that about 16 of 73 mobile homes would be relocated on site and that the applicant would propose adding 10 more. The applicant had asked to work with staff regarding a bus stop and pedestrian improvements, he said, and he outlined several additional modification requests. Page 7 of 17 Town Council Meeting Minutes - Final November 4, 2020 Mr. Sudol pointed out that the NC Department of Transportation (NC-DOT) and the Town did not support a proposed right in/right out entrance at the site and that staff had recommended a right out only solution. He reported that the Community Design Commission (CDC) and Planning Commission (PC) had both recommended denial and that other Town boards had recommended approval with conditions. Mr. Sudol recommended that the Council open the public hearing, receive comments, close the public hearing, and move to consider the item for action on December 9, 2020. Dan Jewell, of Coulter Jewell Thames, explained that the plan, proposed by applicant Stackhouse Properties LLC, would do the following: eliminate the need to demolish homes, accommodate a planned bus rapid transit (BRT) station and a multi-use path, upgrade and modernize a 1970s-style convenience store, improve a dangerous intersection, provide stormwater management where none currently existed, potentially provide more housing on site, and maintain the current mobile homes for at least 10 years. Mr. Jewell said that Stackhouse Properties had held multiple meetings with the current Tar Heel Mobile Home Park residents and had found a way to keep all of them on the property. Stackhouse had determined how to move 17 units and could add about seven more in the outer edges of the RCD, if the Council approved that, he said. He said that mobile homes were currently located in the RCD because there had been no ordinance prohibiting that in 1980 when the original SUP for the park was approved. Mr. Jewell discussed storage facility hours (6:00 a.m. to 10 p.m.) and said that low-level security lighting along the back of the building would not affect the residential units. He estimated the storage building's height to be 3-3.5 stories and said that the proposed plan would add a playground for residential use. Mr. Jewell showed an aerial view of existing conditions in the area and indicated where four driveways onto MLK created an unsafe situation and challenges for residents going in and out of the property. The applicant would continue working with NC-DOT and Chapel Hill Transit to design a secondary driveway configuration that would safely accommodate bus rapid transit (BRT) and a proposed multi-use trail, he said. In response to Council Members' questions, Mr. Jewell agreed to find out whether the park tenants would be offered annual leases. He clarified that no residents had been required to buy new mobile homes since there had been an adequate number of vacant ones on the property. Some residents had moved on site and others had bought new units that Stackhouse provided, he said. Page 8 of 17 Town Council Meeting Minutes - Final November 4, 2020 Council Members determined from Mr. Jewell that the RCD was the only place additional units could go. They verified that neither he nor the applicant had met with homeowners in the last six or seven months but that they did have regular communication with them. The Council also confirmed that repairs, such as paving and pothole remediation, would be done as part of the larger project. Council Members asked about tree removal plans and about discussions with residents regarding a possible fence between the park and the self-storage facility. They confirmed with Mr. Jewell that the three-story storage building would be a maximum of 35-feet tall. Council Member Huynh asked what would happen if the older units aged out before 10 years, and Mr. Jewell said that the applicant had not thought that far ahead. Council Member Huynh asked about the possibly of building a gathering space for residents, and Mr. Jewell agreed to return with a response from the applicant. The Council confirmed that monthly rent for trailer pads was $455, including property taxes. Mr. Jewell said that he could not commit to a rent freeze but that typical annual rent increases would be $20 to $25. Several Council Members proposed putting a cap on rent increases, and Mr. Jewell agreed to raise that idea with the Stackhouse Properties. Council Member Buansi asked for information on whether some landlords in North Carolina allowed longer than month-to-month leases, and Mayor pro tem Parker proposed that the applicant consider extending the lease term to 15 years. The Council confirmed with Town Traffic Engineer Kumar Neppalli that a traffic impact analysis had recommended adding a four-way traffic signal at the location. Both Mr. Neppalli and Transit Director Brian Litchfield expressed concern about locating a right in/right out driveway in the BRT lane. Mr. Neppalli said he thought a solution could be worked out soon and that he hoped to propose options before the Council's December 9, 2020 meeting. The Council confirmed with Mr. Jewell that residents had seen the latest plan and that community meetings had included translators. Council Member Gu proposed that the applicant offer residents a written "community agreement" that would include specific details regarding the playground, the multi-use path, the amount of rent increases, the storage facility's operating hours, the plans for pothole repair, and more. Council Member Gu asked Mr. Litchfield if he saw a potential conflict between the applicant's proposal and the Town's vision for the BRT, and he replied that staff continued to have concerns about the right in/right out driveway using the BRT lane. He said that a gas station and storage facility would not likely generate a significant amount of ridership but that Page 9 of 17 Town Council Meeting Minutes - Final November 4, 2020 the corridor already had sufficient density to support the BRT. The trade-off was to allow Tar Heel Mobile Home Park to remain for another 10 years, Mr. Litchfield pointed out. In response to Council Members' questions about the RCD, Mr. Sudol explained that a perennial stream ran through it but there had been no issues with flooding. The primary concern involved maintaining state-required, 50-foot stream buffers, he said. When questioned further, Mr. Sudol said that the RCD had been put in place to maintain water quality and stream environment and that any development would have some impact on it. Mayor Hemminger asked the Town Attorney to bring back information on whether fair housing laws would prohibit the Town from giving preference to those who already have homes in Chapel Hill, if more space became available in the RCD. Tar Heel Mobile Home Park residents Melissa Ginsberg, Ernest Mondeco, Raphael [unknown last name], Vivian Velazque, Trinidad Cervantes, Ari Compose and Judy Harrell reported positive experiences living at Tar Heel Mobile Home Park and asked the Council to approve the project. Pat Garavaglia, who resides behind the park, said that adding 2,000 more trips to the already dangerous intersection would be "horrifying". She questioned the need for another gas station, since there already were two across the street. She predicted that lighting from the gas station would be a problem and asked if a foul-smelling dumpster at the back of the trailer park would be removed. Ms. Garavaglia said she could not see any area for a playground on the applicant's plans. She questioned a plan to use an existing buffer since not much buffer currently existed. Mayor Hemminger recommended that the applicant contact Ms. Garavaglia and discuss her concerns. Jason Klaitman, an Estes Hills resident, said that the project would provide a needed service, increase tax revenue, provide a great convenience store, and remain committed to affordable housing. He suggested that an eventual partnership with DHIC, or Habitat for Humanity, could increase affordable housing at the location. Susanna Dancy, representing the Community Design Commission (CDC), said that the proposed plan was inconsistent with the BRT and would undermine the Council's land-use goals for that transit corridor. She pointed out that the CDC had voted to deny the application. However, if the Council did decide to go forward with the gas station, the building should not have its back to the public realm, she said. Ms. Dancy said that the CDC was concerned about the height of the storage facility and how its position right up against the trailer park would Page 10 of 17 Town Council Meeting Minutes - Final November 4, 2020 create shadows and limit light and air movement. She encouraged the Council to find a way to keep the park a bit longer while not allowing the gas station and self-storage facility there. Natahaly Grijalva, a Tar Heel Mobile Home Park resident, said that not everyone had been given an option to buy a new mobile home and that some had been given 90 days to take their homes and leave the park. She said that leases were month-to-month and that residents had received a packet of tenants' rules but nothing about management's responsibilities. She believed that some residents had not expressed their concerns because they were afraid of being kicked out of the park if they did, she said. Melissa McCullough, a Planning Commission (PC) member, said that the PC had voted to deny the application and that she wanted to offer her personal perspective. She cautioned against setting a precedent by changing the Town's Land Use Management Ordinance to allow self storage as a primary use. Having self-storage in front would diminish the value of the trailer park land and set the stage for something else that would not meet the Town's goals for the area, she said. Council Members agreed that having a gas station and self-storage facility on a future BRT corridor did not align with the Town's future land use plans for the area. However, the proposal would protect a vulnerable community from being displaced, they pointed out. It would not make sense to approve a project that did not support the Town's long-term goals unless it had stronger protections for residents, Mayor pro tem Parker said. The Council expressed concern about the lease agreement, and Council Member Buansi asked the applicant to provide a copy of the packet of rules that Ms. Grijalva said had been given to residents. Council Members stressed the importance of having stable and affordable housing at that location and requested more information about the amount and frequency of rent increases. Council Members asked the applicant to develop an agreement with residents on how those increases would be determined. Council Members Stegman and Buansi asked the applicant to consider 15-20 year leases, rather than 10 years, and Council Member Huynh asked for information about any arbitrary rules where residents could be kicked off their lots. Council Member Ryan proposed substantially more tree cover, a building design that would blend in and not look like self-storage, and a signage plan. Council Member Stegman said that issues regarding noise and lighting needed to be worked out, and Council Member Anderson asked the applicant to resolve the pot hole issue as soon as possible. Council Member Ryan expressed concern about putting units in the RCD. Council Member Anderson said she could support a very minimal Page 11 of 17 Town Council Meeting Minutes - Final November 4, 2020 encroachment if it would mean fitting more people in or keeping communities together. Council Member Gu commented on how the Council would need to take a holistic view while addressing competing needs. Council Member Huynh stressed the importance of having a more robust Town strategy regarding mobile home parks rather than constantly reacting and choosing between bad options. Mayor Hemminger pointed out that land prices and pressures for growth had affected the community and that all of the Town's mobile home parks had been pressured to become something else. The Council had been working toward a strategy for those families and had a few more options to offer mobile home park residents, she said. Mayor Hemminger characterized the application as a short-term solution until two Town-sponsored affordable housing projects were further along in development. She agreed that the Council would not normally want to put such a project along a high density corridor but pointed out that there were other low intensity uses along MLK as well. A motion was made by Council Member Anderson, seconded by Council Member Huynh, to continue the Public Hearing to December 9, 2020. The motion carried by a unanimous vote. 14. Consider a Proposal for a Land Use Management Ordinance [20-0768] Text Amendment - Proposed Changes to Section 5.14.4 (Campaign Signs). Planner Corey Liles explained that the proposed LUMO text amendment would create a 30-day period after which political signs would be considered abandoned property and could be removed. A motion was made by Council Member Stegman, seconded by Mayor pro tem Parker, that R-7 be adopted. The motion carried by a unanimous vote. A motion was made by Council Member Anderson, seconded by Mayor pro tem Parker, that O-1 be enacted. The motion carried by a unanimous vote. 15. Consider Land Use Management Ordinance Text Amendment - [20-0769] Proposed Changes to Table 3.7-1: Use Matrix - Self-Storage Facility, Conditioned. Planner Jake Lowman presented a LUMO text amendment (TA) that would add an "S" to the use table and allow conditioned self-storage facilities as a special use in Planned Mixed-Use developments. He pointed out that the Council had held a public hearing on the item on October 7, 2020 and that one comment had been submitted during the following 24 hours. He recommended that the Council adopt the Resolution of Consistency and Page 12 of 17 Town Council Meeting Minutes - Final November 4, 2020 enact Ordinance A. Council Members Ryan and Gu asked about the PC's concern that approving the TA would set a precedent and open up more areas in Town for self-storage. Mr. Lowman replied that any future Planned Development would need to come before the Council for a Special Use Permit and would be decided on a case-by-case basis. Mayor pro tem Parker pointed out that self-storage would be in the use matrix as a special, not a permitted use. Any conditioned self-storage would ultimately require Council approval, he said. A motion was made by Mayor pro tem Parker, seconded by Council Member Anderson, that R-9 be adopted. The motion carried by the following vote: Aye: 6 - Mayor Hemminger, Mayor pro tem Parker, Council Member Anderson, Council Member Buansi, Council Member Stegman, and Council Member Huynh Nay: 2 - Council Member Gu, and Council Member Ryan A motion was made by Mayor pro tem Parker, seconded by Council Member Anderson, that O-2 be enacted. The motion carried by the following vote: Aye: 6 - Mayor Hemminger, Mayor pro tem Parker, Council Member Anderson, Council Member Buansi, Council Member Stegman, and Council Member Huynh Nay: 2 - Council Member Gu, and Council Member Ryan SPECIAL USE PERMIT(S) Special Use Permit: The Application for a Special Use Permit is Quasi-Judicial. Persons wishing to speak are required to take an oath before providing factual evidence relevant to the proposed application. Witnesses wishing to provide an opinion about technical or other specialized subjects should first establish that at the beginning of their testimony. 16. Consider an Application for Limited Scope Special Use Permit [20-0770] Modification - Carraway Village, 3000 Eubanks Road. Mr. Lowman opened the continuation of a public hearing on a Special Use Permit (SUP) modification request for Carraway Village. He said that the Council had adopted a resolution on March 4, 2020 that would limit the scope of the current request to the following: permitting self-storage Page 13 of 17 Town Council Meeting Minutes - Final November 4, 2020 facilities in Block G; allowing service stations as a stand-alone use in Blocks A, B, and C; minor signage changes; and terminating Public Street A. Mr. Lowman showed those locations on a map and recommended that the Council open and then close the public hearing and adopt Resolution A for approval. Applicant Adam Golden, of NR Edge Properties, gave a PowerPoint presentation in which he showed the Carraway Village site plan and reviewed the reasons for the requested SUP modifications. He said that power easements precluded having residential uses in Block G, where the proposed conditioned self-storage would go. Block G would allow a 1.5-acre facility in the first phase and a 2-acre site for a possible second phase, he said. Mr. Golden showed a photo of modern storage facilities and assured the Council that he was not proposing to build five facilities on Block G. In addition, he described the three areas where a service station could go. Council Member Ryan confirmed that the applicant would "absolutely" consider putting parking under the power lines and that Carraway Village's signage would reflect existing Town code except for the signs facing Interstate 40. Mayor pro tem Parker clarified that the applicant agreed to having only one gas station operating at any one time. He said that the approval language did not quite state that, and he asked the Town Attorney to ensure that the resolution fully addressed what the Council had agreed to. Council Members Ryan and Gu proposed approving only one phase of self-storage at the current time and waiting to see if something better than a second facility could be built there in the future. Council Member Ryan pointed out that some neighbors had complained about the gas station being located too close to their homes. She expressed concerned about it being the first thing a person would see coming into Town from Interstate 40. She asked for stipulations that would require substantial visual screening between the gas station and the highway. Mr. Golden agreed to only one gas station but asked to not have to return to Council for approval regarding the three acres in Block G. Mayor pro tem Parker moved to close the public hearing and adopt revised Resolution-A, as amended to clarify that only one gas station would be allowed to operate at a time and that the buffers Council Member Ryan requested be included if the gas station is built on Block A. Page 14 of 17 Town Council Meeting Minutes - Final November 4, 2020 A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, to close the public hearing. The motion carried by a unanimous vote. A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, that Resolution of Consistency be adopted. The motion carried by a unanimous vote. A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, that this Special Use Permit Modification R-12 be adopted as amended. The motion carried by the following vote: Aye: 7 - Mayor Hemminger, Mayor pro tem Parker, Council Member Anderson, Council Member Buansi, Council Member Gu, Council Member Stegman, and Council Member Huynh Nay: 1 - Council Member Ryan CONTINUED DISCUSSION 17. Public Forum: Housing and Community Development Needs [20-0771] Assessment for the Community Development Block Grant Program. Affordable Housing Manager Nate Broman-Fulks opened the first of two public forums regarding priorities for using FY 2020-21 Community Development Block Grant (CDBG) funds. He said that the second forum was planned for March. Mr. Broman-Fulks gave an overview of the U.S. Department of Housing and Urban Development (HUD) program and said that Chapel Hill was an entitlement community that received an annual allocation. He explained the qualifications and eligible activities for CDBG funding. Mr. Broman-Fulks said that funding applications would be due to the Town in January and that an Application Review Committee would review those and make recommendations to the Council. A second public forum would be held in March, the Council would approve a funding plan in April, and the Town would submit the final plan to HUD in May 2021, he said. Council Member Stegman said that holding a forum at 11:30 p.m. did not reflect that the Town cared about getting public comment. She proposed thinking about how the Council could have more meaningful community input. Mr. Broman-Fulks replied that the process was just kicking off and that further discussions and engagement would take place over several Page 15 of 17 Town Council Meeting Minutes - Final November 4, 2020 months. Staff would do its best to spread the word throughout the community, he said. Mayor Hemminger agreed with the suggestion to schedule forums earlier in Council meetings. This item was received as presented. 18. Open the Public Hearing and Consider a Petition to Annex [20-0772] Property at 7000 Millhouse Road. Planner Corey Liles opened the public hearing on a proposed voluntary annexation of a 9.76-acre site and adjacent right-of-way on Millhouse Road. The annexation would add the property to the Town's corporate limits and make it eligible for Town services, he said. Mr. Liles explained that the site had been rezoned for Light Industrial Conditional Use in 2017 and that an application from Carolina Donor Services had been approved in June 2020. He said that estimated Town revenues from annexation would be more than $17,235 annually and that the applicant would be required to make a one-time $123 payment to the New Hope Fire District. Mr. Liles recommended that the Council receive any public comment for 24 hours and consider action on Dec 9, 2020. A motion was made by Council Member Anderson, seconded by Council Member Huynh, to close the public hearing and receive comment for an additional 24-hours. The motion carried by a unanimous vote. APPOINTMENTS 19. Appointments to the Chapel Hill Downtown Partnership. [20-0773] The Council reappointed Mark Sherburne to the Chapel Hill Downtown Partnership Town Resident Seat. 20. Appointments to the Community Policing Advisory Committee. [20-0774] The Council appointed Shiala Baldwin, Julius Coulter, Clarke French, Sarah Hoffman, Tracy Miller, Cynthia Watkins to the Community Policing Advisory Committee. 21. Appointments to the Cultural Arts Commission [20-0775] The Council reappointed Justin Haslett, Jennifer Lawson, Dianne Pledger, Iana Vazquez and Megan Winget to the Cultural Arts Commission. 22. Appointments to the Orange Water and Sewer Authority Board [20-0776] of Directors The Council reappointed John Morris and appointed Kevin Leibel to the Page 16 of 17 Town Council Meeting Minutes - Final November 4, 2020 Orange Water and Sewer Authority Board of Directors. The Council continues to seek applicants to this board. ADJOURNMENT This meeting was adjourned at 11:43 p.m. Page 17 of 17