Town Council
Regular MeetingChapel Hill, NC · May 26, 2021
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 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, May 26, 2021 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_Za82EMgWS5-uJCkX943IeQ After
registering, you will receive a confirmation email containing information about joining
the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 856 3181 8658
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, Assistant Planning Director Judy Johnson, Planning Director Colleen Willger, Housing and
Community Executive Director Loryn Clark, 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 reviewed the
agenda.
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Mayor Hemminger called the roll and all Council Members replied that they were
present.
1. Recognize Flo Miller for her Years of Service. (no attachment) [21-0475]
Mayor Hemminger recognized Deputy Town Manager Florentine ("Flo")
Miller, who was retiring after 32 years of service to the Town. She said
that Ms. Miller was "the heart and soul of all the inter-workings of our
Town" and that it would be an understatement to say she would be
missed.
Former Mayor Ken Broun commented on the intelligence, vitality and
wealth of knowledge that Ms. Miller had brought to the community for
more than three decades. She was one of the hardest workers he had
ever known in any setting and had given more than elected officials and
citizens could ever repay, he said.
Former Mayor Mark Kleinschmidt commented on Ms. Miller's extraordinary
ability to understand and weave together the interests of employees,
citizens and elected officials interests while acknowledging everyone's
value. She had been an instrumental part of every success the Town
could claim, he said.
Former Council Member Ed Harrison described Ms. Miller as a notable Town
employee who had kept so much running so well for so long without
seeking the spotlight for it. He commented on her matchless institutional
memory, knowledge, and her ability to always have a clear answer.
Mayor Hemminger presented Ms. Miller with a framed resolution of
appreciation, several small gifts from the Council, and a key to the city.
She proclaimed May 26, 2021 to be Florentine Miller Day in Chapel Hill.
"Job well done," she said, adding that she would miss Ms. Miller's
optimism, wisdom and guidance.
Council Member Anderson said that Ms. Miller was a model of public
service who was kind and respectful to everyone, understood numbers and
policy, and knew the Town budget better than anyone.
Mayor pro tem Parker noted that Ms. Miller would be leaving a huge hole
that the Town would struggle to fill. "You will be missed as a public
servant, but perhaps more importantly as the wonderful human being that
you are," he said.
Council Member Buansi said he was grateful to have had a chance to serve
on the Council while Ms. Miller was still working with the Town and hoped
to see her again soon.
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Council Member Ryan commented on Ms. Miller's high standards, ability to
make being effective look easy, and amazing record of Town service.
Chapel Hill was a better place because Ms. Miller had cared about it, she
said.
Ms. Miller thanked everyone for their comments and well wishes and said
she felt humbled and moved by their kindness, thoughtfulness, and
support. She praised the Council for its leadership, diligence, and care
under all circumstances. She was grateful and proud to have had the
opportunity to work with Town Manager Maurice Jones and his team, she
said.
ANNOUNCEMENTS BY COUNCIL MEMBERS
1.01 Mayor Hemminger Regarding Memorial Day Holiday. [21-0486]
Mayor Hemminger noted that Monday, May 31st, would be Memorial Day
and said that the Town would issue a proclamation calling on all residents
to honor members of the armed forces who had died in service to the
country. American Legion Post 6 would hold a ceremony at 11:00 a.m.,
the Orange County Peace Coalition would hold a virtual commemoration
for victims of war at 2:00 p.m., and there would be a sunrise service at
the War Memorial, she said. She recommended that residents check the
Town Calendar for more information.
1.02 Mayor Hemminger Regarding Upcoming Meetings. [21-0487]
Mayor Hemminger pointed out that the June 2, 2021 Council meeting
would begin at 6:30 p.m. and start with a budget work session. The
Council Committee on Economic Sustainability would meet virtually at
8:00 a.m. on June 4th, she said.
1.03 Mayor Hemminger Regarding Recent Carrboro Fire. [21-0488]
Mayor Hemminger said that Eliazar Posada, president and CEO at El
Centro Hispano, Inc., had recently lost everything but his dog in a
Carrboro fire. She commented on how much Mr. Posada had contributed to
the community and said that a GoFundMe page had been started to help
him recover.
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
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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.
2. Edson Freeman Request to Allow Miniature Pigs as Pets. [21-0476]
Edson Freeman, a Chapel Hill resident, petitioned the Council to consider
allowing residents to have pet pigs, as long as they are spayed or
neutered and do not create issues for neighboring residents or properties.
Small pig breeds were intelligent, friendly and hypoallergenic, and they
were bred for companionship, he said. He proposed that the Town allow a
maximum of two pigs on properties smaller than four acres.
received and referred.
3. Mary Cummings Request to Ban Gas-Powered Leaf Blowers. [21-0477]
Mary Cummings, a Meadowmont resident, commented on her recent
petition, which had 125 signatures, asking the Town to ban gas
leaf-blowers. She said that the noise had measured higher than 80 DB
inside her house and pointed out that this was a thousand times over the
Town's DB limit. In addition, the low frequency components were even
more dangerous because the vibrations cause pain and health problems,
she said.
A motion was made by Council Member Anderson, seconded by Mayor pro
tem Parker, that these Petitions be received and referred to the Town
Manager and Mayor. The motion carried by a unanimous vote.
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 Anderson, seconded by Council Member
Ryan, that R-1 be adopted, which approved the Consent Agenda. The motion
carried by a unanimous vote.
4. Approve all Consent Agenda Items. [21-0478]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
5. Approve Project Ordinance Amendments to Recognize Capital [21-0479]
Financing Proceeds for FY 2020-21.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
6. Award a Bid and Authorize the Town Manager to Execute a [21-0480]
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Contract for Construction of the Estes Drive Bicycle-Pedestrian
Improvements.
Mayor Hemminger pointed out that the Town had been waiting for DOT to
disperse funds for this improvement project. The project would take a
while, and there would be some traffic concerns while it was being
implemented, but it was exciting that it was finally coming to fruition, she
said.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
7. Approve a Request for Limited Scope Review of a Conditional [21-0481]
Zoning Application for Tri-City Medical Office Building.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
DISCUSSION
8. Continue the Public Hearing: Application for Conditional Zoning [21-0482]
- Aura Development, 1000 Martin Luther King Jr. Blvd. (Project
20-074)
Assistant Planning Director Judy Johnson gave a brief PowerPoint
presentation on the request to rezone 16.2 acres at the northeast corner
of Martin Luther King Jr. Boulevard (MLK) and Estes Drive. The property
was currently zoned Residential-1 and the applicant was proposing Office
Institutional-3-Conditional Zoning District in order to construct 418
residential dwelling units and 15,000 square feet of commercial space, she
said.
Ms. Johnson showed a map of the proposed Aura project and noted that
about 66 percent of the site would be impervious. She indicated a
Resource Conservation District (RCD) area with an intermittent stream
along the southeast portion of the site. She said that staff had recently
added conditions related to a potential traffic signal at the Estes
Drive/Somerset Drive intersection, a future bike share station, a bus rapid
transit (BRT) station, flexible/commercial space, and an Estes Drive
culvert.
Ms. Johnson said that the applicant would address comments from a
recent public hearing regarding traffic and stormwater. She said that the
Town project that Mayor Hemminger had noted in Agenda Item 6 would
substantially improve pedestrian and bike safety along Estes Drive. She
discussed other proposed improvements, pedestrian crossing, and
sidewalk improvements as well.
Stormwater Engineer Alisha Goldstein gave an overview of the applicant's
plan for meeting stormwater volume, quality and runoff rate. She
described existing conditions and also outlined a post-development
scenario with proposed stormwater control measures in place. A
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stormwater analysis had shown peak post-development flow to be less
than pre-development for the 1-, 2- and 25-year storms, she said.
Ms. Johnson recommended that the Council continue the public hearing,
receive comments, accept written comments for 24 hours, and consider
action on June 16, 2021.
Developer Dan Jewell, of Coulter Jewell Thames, summarized actions that
the applicant, Trinsic Residential Group (TRG), had recently taken in
response to Council comments. He provided detailed responses to
questions and concerns regarding traffic, parking, green building,
gathering/open spaces, affordable rentals, for-sale housing, mixed-use
buildings, additional commercial space, three-bedroom apartments, and
parking.
Mr. Jewell replied to requests Council Members had made on May 12th for
clarification of Aura's relationship to Estes Drive and those streetscape
dimensions. He said that an artist's rendering that he had presented had
not shown the building's articulation, and he presented a diagram to
illustrate how the buildings would vary and include green areas in a way
that would make building blocks appear smaller. He proposed that the
applicant and Town meet and discuss design aspects.
Mr. Jewell said that the Council had asked for affordable townhouses
onsite, with 80 and 65 percent area median income (AMI) rentals, and he
outlined a proposal for seven such units.
He said that the applicant was trying to further reduce parking, which was
already lower than Town standards and had a conversion plan for when
parking demand waned. They would remove 16 surface parking spaces
from the area near the central park and would convert that space for
short-term uses such as ride-share, drop off/delivery, and food trucks for
events.
With regard to a request from Council to enhanced stormwater
management, Trinsic would commit to designing a management system
that would reduce the 100-year peak flow to the existing rate, he said.
Mr. Jewell discussed Trinsic's commitment to provide $100,000 toward a
Town bus rapid transit (BRT) station, to provide an Easement to the
adjacent property, and to install a stop light at the Estes Drive entrance,
if the NC Department of Transportation (NC-DOT) approved it. Trinsic
could also fund a proportional share of the Somerset/Estes intersection if
that were determined to be the better location, he said.
The Mayor and Council confirmed with Chuck Edwards, of the NC
Department of Transportation (DOT), that DOT would be amenable to
considering a traffic light at the Somerset/Estes intersection in the future
if an appropriated study showed that one was warranted and that it was
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the preferred location. Additional traffic volume, regardless of mode,
would have to occur before that intersection would meet any warrant for
signalization, he said.
Mayor Hemminger ascertained from Transportation Planning Manager
Bergen Waterson that staff did not expect a traffic median in front of the
Aura project on MLK to be a place where pedestrians would cross. Rather,
they would cross at an existing crosswalk and at a new high-visibility one
at the MLK/Estes intersection, Ms. Waterson said. Mayor Hemminger
asked the developer to provide additional information on the length of
that median and on how it would affect cars turning left from MLK onto
Estes Drive.
She said that a proposal from the applicant to reduce the size of a
planting strip along Estes Drive would be counter-productive to the Town's
desire for more large shade trees there. She asked for feedback from staff
on the applicant's 100-year flood proposal. She confirmed with Mr. Jewell
that Trinsic would meet the Town's impervious surface standard.
Council Members confirmed that the applicant was proposing that seven of
its 57 townhomes would be affordable. They pointed out that the 15
percent Inclusionary Zoning standard was higher than that, and Mr. Jewell
agreed to eight affordable units.
The Council verified with staff that the bicycle and pedestrian
improvements that the applicant was presenting would be appropriate for
Estes Drive and that a wetlands area would not be fenced in. They
confirmed that the applicant was committed to converting some of the
residential space to commercial in the future, if the retail complex was
highly successful.
Council Members stressed the importance of having as many large, shade
trees as possible and they confirmed that the applicant would work with
Town staff to achieve that. They noted the importance of having excellent
programming, and confirmed that the project would not include condos
and that the affordable units would be indistinguishable from others on
the outside. They also verified that the applicant was willing to separate
parking charges from rental fees.
Council Member Gu asked for more specific information on queue lanes at
the Estes/Somerset intersections, and Craig Scheffler, of HNTB, said that
his "what if" traffic analysis had found that the maximum queue length
would be about 500 feet if Aura were built and the Town improvements
along Estes Drive were completed. He said that current queue lengths
were sometimes well over 1,000 feet. His model had not shown traffic
blocking the proposed Aura driveway, which would be 700-800 feet away
from the signal, he said.
Mayor Hemminger confirmed with Mr. Scheffler that his analysis had
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included an additional left-turn lane from Estes Drive onto MLK, an
extension of an existing right turn lane, and a re-timing of the signal.
Council Member Gu reaffirmed with him that a signal at the
Estes/Somerset intersection was not warranted but might be in the future.
Seventeen Chapel Hill residents commented on the Aura project.
Stephen Fleck noted a petition to the Town from about 500 Estes area
residents who were against the Aura project. He asked the Council to
reject Trinsic's application unless it significantly reduced impervious
surface and met other conditions that Town boards and commissions had
recommended. He criticized the applicant's stormwater plan and said that
the number of proposed parking spaces belied the claim that Aura would
be transit-oriented.
Virginia Gray said that the Aura project missed opportunities to protect
the natural environment and to enhance green infrastructure. She urged
the Council to demand more from the developer in order to advance the
Town's Climate Action Plan.
Rudy Juliano predicted that the proposed Aura driveway onto Estes Drive
would increase the probability of collisions, injuries and death. He
proposed that the Council either mandate that it be right in/right out only
or delay approval until there was ironclad assurance from DOT that a
stoplight will be installed at the Somerset/Estes intersection.
Megan Foureman expressed concern about traffic safety along Estes Drive
and said that the long-sought road improvements that the Town had
begun would be immediately negated by the Aura project.
Robert Nau proposed building Mr. Scheffler's town-wide traffic model out
to simulate pedestrian/vehicle/bike interactions and that the Council make
its decision by working backwards to determine from where the Town
should be in five years.
Scott Buck said that the applicant's proposed stormwater plan would not
work unless it included much deeper vaults. In addition, green
infrastructure elements would be necessary due to the very high
impervious surface area being proposed, he said.
Linda Brown argued that a much larger percentage of Aura units should be
for home-ownership and that the proposed affordable ones should be for
those at 80 percent of AMI. The project included too few opportunities for
home-ownership and contributed little to local economic growth in the way
that home-ownership would, she said.
Julie McClintock said that the proposed setbacks and scale were
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incompatible with the Central West Plan. She recommended that the
Council insist on 30-foot buffers along the Estes frontage and said that
the plan included far too much impervious surface. She pointed out that
the Council could refuse a rezoning that was not in the community's best
interest or if the developer did not agree to necessary conditions.
Mark Weisburg said that staff had not provided information to support its
conclusion that Aura would be an economic benefit to the Town. With a
rezoning, Aura would be allowed much more impervious surface than it
would otherwise have had, and the Council should not approve such an
evasion of the Town's ordinance, he said.
Roger Shumate presented a video that showed past flooding at the nearby
Amity United Methodist Church. He said that such flooding had cost the
church about $50,000 and that church members were concerned about the
possibility of dramatically increased runoff from Aura. He requested that
the Council at least postpone its decision until more research could be
done on stormwater runoff and traffic safety issues.
Lillian Blackburn said that the Town needed single-family housing that
was consistent with the Central West Plan, not another high-density
apartment complex. Aura had been compared to other Town
developments, which all fed into US highways while Aura would feed into
two-lane Estes Drive, she pointed out.
Rita May argued that Aura could not be a transit-oriented development
with 650 parking spaces. She said that students were interested in
rentals regardless of floor plans. She expressed concern about traffic
safety, stating that Estes Drive probably carried more children and young
families than any other road in Town.
Clara Hess asked the Council to require significantly more retail and
community space. She expressed skepticism on if Trinsic would ever
convert residential space to commercial. She recommended that the
Council require the developer to remove all parking around the central park
and make that area a safe and attractive space surrounded with bush,
shrubbery and trees.
Brian Daniels asked the Council to push harder on getting a traffic light
and a better buffer with native shade along Estes Drive.
Molly McConnell suggested that the applicant rent some of its affordable
units through a master leasing program that the Town had set up with the
help of Justice United. The Community Home Trust administered that
program, which provided housing to people at 30-60 percent AMI, she
said.
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Paul Snow pointed out that investors often buy both market rate and
affordable "for sale" housing and turn them into rentals. He recommended
that the Town stipulate that those units could not be rented for some
reasonable period after construction.
Heather Lindenman recommended that the Council include a requirement
for conversion. She raised questions about how the programming would
be funded. She said that there should be more pervious surface, and she
proposed that the Town require a reduction in parking as soon as the BRT
is approved.
Kimberly Sanchez, representing Community Home Trust, expressed
gratitude that the developer had agreed to onsite affordable housing and
said she appreciated the Town's continued support.
Timothy Carr, speaking on behalf of YMCA of the Triangle Area, said that
the YMCA was encouraged by the new connector street that would align it
with the new Aura driveway at Estes. The YMCA had acquired property to
enable that connection, he said, adding that planned traffic improvements
appeared to relieve much of the congestion.
Katie Loovis, representing the Chapel Hill-Carrboro Chamber of Commerce,
expressed the Chamber's full support for the Aura project. It would bring
much needed housing, include a generous amount of affordable housing,
and provide an appropriate amount of commercial space, she said. She
said that the project would add value but not compete with downtown
businesses, and be a critical location along the BRT corridor. She
characterized Aura as the right project, in the right place, at the right
time, with the right design.
Council Members said they wanted more specific information on how the
affordable housing units would and would not differ from the others. They
stressed the importance of ensuring that those units be truly affordable
when additional costs, such as homeowner association dues, are factored
in. They said that having a mix of 80 and 65 AMI made the most sense
and that accepting vouchers for rentals would be critical. Such acceptance
had been part of the Affordable Housing Coalition's conditions for
supporting the project, they pointed out.
The Council asked the applicant to work with Town staff on a planting plan
for both sides of sidewalk and for other areas along the frontage. More
canopy trees, if possible, they said. They expressed support for a staff
recommendation that the path and bike/pedestrian facilities match the
rest of Estes Drive. They asked the applicant to commit to actively
encouraging residents to not use cars and praised the applicant's plan to
decouple parking from rents.
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The Mayor and several Council Members stressed the need for a traffic
light at Somerset/Estes, and Council Member Gu said she felt hesitant to
move the project forward without a commitment from NC-DOT regarding
that. Council Member Gu also asked the applicant to provide more options
for reducing impervious surface.
The Council applauded the additional stormwater investment but
expressed concern about the flooding at Amity Church. Mayor Hemminger
confirmed that all Council Members wanted more information from
stormwater staff regarding that flooding issue. The Council also asked for
additional information about the applicant's programming plans, and they
requested that a splash pad be included.
A motion was made by Mayor pro tem Parker, seconded by Council Member
Stegman, to close the public hearing 24-hours after discussing this item to
allow additional comments in the record per recent legislation. The motion
carried by a unanimous vote.
SPECIAL USE PERMIT
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.
9. Open the Evidentiary Hearing: Special Use Permit Modification [21-0483]
for Timberlyne Offices, 120 Banks Drive.
Planning Director Colleen Willger presented a request to modify an
existing 1992 SUP for the Timberlyne Movie Theater in order to allow a
new medical clinic use. The modification would include a change in parking
requirements and would reduce the floor area, she said. She noted that
the Transportation and Connectivity Board and the Environmental
Stewardship Board had both approved the application, with conditions.
She recommended that the Council open the public hearing, receive
evidence, and continue the hearing to June 23, 2021.
Applicant Pamela Porter, a partner at TMTLA Associates, presented the
proposed project located at the corner of Banks and Westminster Drives.
She described adjacent land uses, discussed existing conditions, and
outlined the plan to remove two wings of the building but leave about 95
percent of it intact. There was no stormwater mediation on site, she
pointed out.
Ms. Porter said that 18 additional parking spaces were being requested.
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The applicant would create a sidewalk connection from Westminster Drive
to the site and a crosswalk to the Timberlyne Shopping Center, she said.
She presented a plan to add four trees and two lights and said that the
TMTLA would comply with the Town's request for an easement. She
described building materials and said that there would be space for future
solar panels.
Ms. Porter said that the SUP modification request was to void a shared
parking agreement with the Timberlyne Shopping Center, to remove a
requirement for 20 bike parking spaces and to reducing the building's floor
area from 22,724 square feet to 19,530. She also asked that a reference
to recombining lots be removed because the recombination had already
happened.
Council Member Stegman confirmed that the easement, which might allow
a future connection to Sparrow Drive, was not required. She commented
on the long, hot walk from the site to MLK, and Ms. Porter replied that
TMTLA would provide a sidewalk that would slightly shorten that walk but
they could not make many changes in the area without triggering
stormwater concerns.
Several Council Members proposed that the applicant do what it could to
add more shade trees and greenery. Mayor Hemminger expressed support
for the plan to re-use an existing building, provide jobs, and be on a
transit corridor.
A motion was made by Council Member Anderson, seconded by Council
Member Huynh, to close the public hearing 24-hours after discussing this item
to allow additional comments in the record per recent legislation. The motion
carried by a unanimous vote.
DISCUSSION CONTINUED
10. Open the Public Hearing for Conditional Zoning - Putt Putt Fun [21-0484]
Center, 2200 Eubanks Road (115/135 Chapel Point Road)
Community Commercial - Conditional Zoning District (CC-CZD)
and Office/Institutional-2-Conditional Zoning District (OI-2-CZD).
Ms. Johnson presented a Conditional Zoning application for a Putt Putt Fun
Center on a 19.35-acre site off Eubanks Road next to Carraway Village.
She outlined the request for a split zone (Office
Institutional-2-Conditional Zoning and Community Commercial-Conditional
Zoning) to accommodate the recreation center as well as an 84,000
square-foot conditioned self-storage facility.
Ms. Johnson showed a site plan and indicated where a new Chapel Point
Road would run from Eubanks Road to the projects. She said that
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requested modifications pertained to RCD regulations, a joint buffer with
Carraway Village, loading space requirements, and floor/area ratio. She
reported that four Town boards had reviewed the application and
recommended approval, with conditions.
Ms. Johnson recommended that the Council open the public hearing and
receive comments, close the hearing and take written comments for 24
hours, and consider approving the application on June 23, 2021.
Mr. Jewel, representing the applicant, said that the primary differences
between the application and a 2019 concept plan were related to the
parking configuration, the location of the storage building, and creating a
more park-like atmosphere. The mini golf and go-carts had been moved
farther away from Carraway Village and would be electric, which would
eliminate noise and emissions, he said.
Mr. Jewell said that Putt Putt would install its portion of a buffer that
would be shared with Carraway Village. The applicant was proposing to
disturb about 40 percent of the site but would preserve a creek and a
natural buffer along Interstate-40, he said. He discussed stormwater and
connectivity plans and said that the applicant would include bicycle
parking and EV charging stations.
Jared Martinson, with MHAworks, discussed the project's architecture and
massing and provided additional details about the site layout. He said
that the design for both Putt Putt and the storage facilities would be a
simple one and that materials would complement those used at Carraway
Village.
The Council generally supported the project. They obtained more
information from the applicant about the reduced noise benefits of having
electric go-carts. The Council confirmed with Teresa Greco, COO at Putt
Putt, that operating hours would be 10:00 a.m. to 10:00 p.m. (maybe
11:00 p.m. in the summer). They asked about lighting, and Mr. Jewell
said it would be the lowest level possible and shielded away from
neighboring properties. The Council requested that a splash pad be
included, if possible.
In response to Council questions, Mr. Martinson explained that the go-cart
area needed to be clear-cut for safety reasons. He acknowledged a
request from the Mayor regarding benches and agreed to talk with
Carraway Village about the Council's desire for a livelier building design.
The Council requested that more large trees be installed around the
building. They asked if Carraway Village was comfortable with the shared
buffer dimensions, and Mr. Jewel replied that those conversations were
ongoing. He said that Carraway Village had installed a reduced buffer and
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the applicant would be meeting Town requirements by installing its side of
that.
Council Members confirmed with Ms. Greco that indoor activities would
likely include an arcade, mini bowling, laser tag, and perhaps a ropes
course. They commented on the need to reduce screen time, in general,
and Ms. Greco agreed but noted that videogames were inclusive for people
of all abilities. Mini golf, laser tag, mini bowling, and the ropes course
would all be active, she said.
A motion was made by Council Member Huynh, seconded by Council Member
Anderson, to close the public hearing 24-hours after discussing this item to
allow additional comments in the record per recent legislation. The motion
carried by a unanimous vote.
11. Open the Public Hearing: Land Use Management Ordinance [21-0485]
Text Amendment - Proposed Changes to Section 3.11
Regarding Blue Hill Form District Use Categories.
Ms. Willger presented a Land Use Management Ordinance text amendment
for Blue Hill District (BHD) use categories that would identify short-term
rentals (STRs) as a residential use in order to prevent them from being a
commercial component of mixed-use buildings. Options before the Council
included adding language to restrict the number of STRs in a building, or
clarify what a commercial use is in the overnight lodging definition, she
explained.
Ms. Willger recommended that the Council open the public hearing, receive
comments, close the hearing, and accept written comment for 24 hours,
and enact the ordinance on June 16, 2021.
Council Members discussed the goal of treating STRs in the BHD the same
as in other areas of Town. They agreed with the intent of the proposed
text amendment but wondered if the same objective could be achieved
through the STR Ordinance.
Ms. Willger replied that the STR ordinance would potentially be cleaner
because any future changes would only have to be made in one location.
Mayor Hemminger clarified with Ms. Willger that defining STRs as not
commercial would not affect other Town conversations about STRs in
general. She then confirmed that the consensus with Council was to
define the use but not redefine the words about hotels and motels and to
not set limits at the current time.
A motion was made by Council Member Anderson, seconded by Mayor pro
tem Parker, to close the public hearing 24-hours after discussing this item to
Page 14 of 15
Town Council Meeting Minutes - Final May 26, 2021
allow additional comments in the record per recent legislation. The motion
carried by a unanimous vote.
ADJOURNMENT
This meeting was adjourned at 11:32 p.m.
Page 15 of 15
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 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, May 26, 2021 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_Za82EMgWS5-uJCkX943IeQ
After registering, you will receive a confirmation email containing information
about joining the webinar in listen-only mode. Phone: 301-715-8592,
Meeting ID: 856 3181 8658
View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx –
and on Chapel Hill Gov-TV (townofchapelhill.org/GovTV).
OPENING
1. Recognize Flo Miller for her Years of Service. (no [21-0475]
attachment)
ROLL CALL
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
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Town Council Meeting Agenda May 26, 2021
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.
2. Edson Freeman Request to Allow Miniature Pigs as [21-0476]
Pets.
3. Mary Cummings Request to Ban Gas-Powered Leaf [21-0477]
Blowers.
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.
4. Approve all Consent Agenda Items. [21-0478]
By adopting the resolution, the Council can approve various
resolutions and ordinances all at once without voting on each
resolution or ordinance separately.
5. Approve Project Ordinance Amendments to Recognize [21-0479]
Capital Financing Proceeds for FY 2020-21.
By enacting the project ordinances, the Council establishes a budget
for the 2021 Parks and Recreation, Public Safety and Streets and
Sidewalks Two-Thirds Bonds Fund and establishes a budget for the
2018 Affordable Housing Bonds Fund.
6. Award a Bid and Authorize the Town Manager to [21-0480]
Execute a Contract for Construction of the Estes Drive
Bicycle-Pedestrian Improvements.
By adopting the resolution, the Council awards a bid and authorizes
the Town Manager to execute a contract with Carolina Sunrock, LLC,
in an amount of $4,809,529.95. The resolution also authorizes the
Town Manager to approve change orders as necessary provided that
the contract cost remains within the budgeted amount.
7. Approve a Request for Limited Scope Review of a [21-0481]
Conditional Zoning Application for Tri-City Medical
Office Building.
By adopting the resolution, the Council finds that the Conditional
Zoning application for 5002 Barbee Chapel Road: 1) Limit the scope
of the review to the Planning Commission and Public Hearing for the
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change in construction start and construction completion dates; and
2) Require the application fee to be equivalent to the existing time
extension fee.
DISCUSSION
8. Continue the Public Hearing: Application for [21-0482]
Conditional Zoning - Aura Development, 1000 Martin
Luther King Jr. Blvd. (Project 20-074)
PRESENTER: Judy Johnson, Assistant Planning Director
a. Without objection, the preliminary report and any other
materials submitted at the hearing for consideration by the
Council will be entered into the record
b. Introduction and preliminary recommendation
c. Presentation by the applicant
d. Recommendation of the Planning Commission
e. Recommendations of other boards and commissions
f. Comments from the public
g. Comments and questions from the Mayor and Town Council
h. Motion to close the Public Hearing and receive written public
comments for 24 hours following the closed public hearing.
i. Consider approving the Conditional Zoning application at the
June 16, 2021 meeting.
RECOMMENDATION: That the Council continue the public hearing,
receive comment, close the Public Hearing, receive written comments
for 24 hours following the closed public hearing, and make a motion
to schedule consideration of the item to June 16, 2021.
SPECIAL USE PERMIT
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.
9. Open the Evidentiary Hearing: Special Use Permit [21-0483]
Modification for Timberlyne Offices, 120 Banks Drive.
PRESENTER: Judy Johnson, Assistant Planning Director
a. Without objection, the preliminary report and any other
materials submitted at the hearing for consideration by the
Council will be entered into the record
b. Introduction and preliminary recommendation
c. Presentation of evidence by the applicant
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d. Recommendation by the Planning Commission
e. Recommendations by advisory boards and commissions
f. Presentation of evidence by the public
g. Comments and questions from the Mayor and Town Council
h. Motion to continue the evidentiary hearing to June 23, 2021
i. Referral to Manager and Attorney
RECOMMENDATION: That the Council open the evidentiary hearing,
receive evidence, and continue the evidentiary hearing to June 23,
2021.
DISCUSSION CONTINUED
10. Open the Public Hearing for Conditional Zoning - Putt [21-0484]
Putt Fun Center, 2200 Eubanks Road (115/135 Chapel
Point Road) Community Commercial - Conditional
Zoning District (CC-CZD) and
Office/Institutional-2-Conditional Zoning District
(OI-2-CZD).
PRESENTER: Judy Johnson, Assistant Planning Director
a. Without objection, the preliminary report and any other
materials submitted at the hearing for considerations by the
Council will be entered into the record
b. Introduction and preliminary recommendation
c. Presentation by the applicant
d. Recommendations of the Planning Commission
e. Recommendations of other boards and commissions
f. Comments from the public
g. Comments and questions from the Mayor and Town Council
h. Motion to close the Public Hearing and receive written public
comment for 24 hours following the closed public hearing
i. Consider approving the Conditional Zoning application at
the June 23, 2021 meeting.
RECOMMENDATION: That the Council open the Public Hearing,
receive comment, close the Public Hearing, receive written public
comment for 24 hours following the closed public hearing, and make
a motion to schedule considering of the item on June 23, 2021.
11. Open the Public Hearing: Land Use Management [21-0485]
Ordinance Text Amendment - Proposed Changes to
Section 3.11 Regarding Blue Hill Form District Use
Categories.
PRESENTER: Judy Johnson, Assistant Planning Director
a. Introduction and preliminary recommendation
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b. Recommendation of the Planning Commission
c. Comments from the public
d. Comments and questions from the Mayor and Town Council
e. Motion to close the Public Hearing and receive public
comment for 24-hours
f. Referral to the Manager and Attorney
g. Consider enacting the ordinance at the June 16, 2021
meeting.
RECOMMENDATION: That the Council open the public hearing on the
Land Use Management Ordinance text amendment, receive public
comment, and close the public hearing. Consider enacting the
ordinance at the June 16, 2021 meeting.
REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT,
PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS
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