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Town Council

Regular Meeting

Chapel Hill, NC · September 22, 2021

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Minutes

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Town Council Chapel Hill, NC 27514 Meeting Minutes - Final Mayor Pam Hemminger Council Member 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, September 22, 2021 7:00 PM Virtual Meeting Language Access Statement 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_ZuMh62LkR1SF5R3nCQM5lQ After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 860 4766 7891 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 Page 1 of 14 Town Council Meeting Minutes - Final September 22, 2021 Other Attendees Town Manager Maurice Jones, Deputy Town Manager Mary Jane Nirdlinger, Deputy Town Manager Loryn Clark, Town Attorney Ann Anderson, Planning Director Colleen Willger, Assistant Planning Director Judy Johnson, Senior Planner Anya Grahn, Planner II Becky McDonnell, Community Resilience Officer John Richardson, Communications and Public Affairs Director and Town Clerk Sabrina Oliver, and Deputy Town Clerk Amy Harvey. OPENING Mayor Hemminger called the virtual meeting to order at 7:00 p.m. and reviewed the agenda. She said that Item 17 had been withdrawn and would be rescheduled. Mayor Hemminger called the roll and all Council Members replied that they were present. ANNOUNCEMENTS BY COUNCIL MEMBERS 0.01 Video: Dancing Monarchs. [21-0724] The Council watched a video about Monarch butterflies at a pollinator garden on the American Legion property. Mayor Hemminger said that there had been a butterfly exhibit at the Chapel Hill Farmer’s Market as well, and she thanked Scout Troop 39 for spearheading the initiative. 0.02 Mayor Hemminger Regarding Trail Day Clean Up. [21-0725] Mayor Hemminger thanked Parks and Recreation Commissioner Jeannette Bench and her team of volunteers for helping to eliminate invasive species along Town trails. 0.03 Proclamation: Hispanic Heritage Month. [21-0726] Council Member Huynh read a proclamation regarding Hispanic Heritage Month, September 9 to October 9, 2021, which would mark the anniversary of independence for many Latin American countries. The proclamation encouraged everyone to participate in scheduled events and join communities across the country in recognizing the contributions that Hispanics had made through their rich culture, traditions, and history, he said. 0.04 Proclamation: Constitution Week. [21-0727] Council Member Buansi read a proclamation regarding the 234th anniversary of the U.S. Constitution on September 17, 2021. The proclamation deemed September 17-23, 2021 to be Constitution Week and the Town encouraged Town residents to reaffirm the ideals of liberty, equality and justice held by the framers, he said. Mayor Hemminger thanked the Daughters of the American Revolution for Page 2 of 14 Town Council Meeting Minutes - Final September 22, 2021 encouraging the Town to remember what the Constitution meant to all. 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 Council Members Regarding Long Range Planning for [21-0728] Future Growth. Council Member Anderson read a petition from herself, Mayor Hemminger, and Council Members Ryan, Huynh, Gu, Stegman and Parker regarding a planning process to help direct future growth in a way that was consistent with the Town's values of diversity, sustainability and vibrancy. The petition requested that staff provide complete and accurate data on what projects had been approved, what was in the pipeline, and what had been completed. It included examples of the information they were requesting and asked staff to move quickly on the requests. 0.06 Council Members Stegman, Huynh, Baunsi, and Parker [21-0729] Regarding Affordable and Missing Housing. Council Member Stegman read a portion of a petition from herself and Council Members Parker, Huynh and Buansi. The petition asked staff to recommend short-term strategies for expediting and incentivizing production and availability of affordable and missing middle housing for 80 percent and below area median income (AMI), especially 30 percent, she said 1. Kate Sayre Request to Build a Splash Pad in Chapel Hill. [21-0694] Kate Sayre, a Chapel Hill resident, thanked Council Member Anderson for supporting a petition to build a splash pad in Town. She said that many families had been requesting that amenity, which could be a great use of American Rescue Plan (ARP) funding. The Parks and Recreation Commission had voted to bring the item forward to Council, she said. Mayor Hemminger mentioned that a working group had been delving into the details and would report at a Council work session in October. The next Council meeting would address a process for getting public input on Page 3 of 14 Town Council Meeting Minutes - Final September 22, 2021 ARP funding, she said. 2. Barry Nakell Request to Rename Dixie Lane. [21-0695] Barry Nakell, a Chapel Hill resident, asked the Council to rename Dixie Drive and Dixie Lane because of the racist connotations associated with the word "Dixie". He suggested several possible alternatives and said that the majority of those who live on the two streets supported the request. 3. Joan Rehm and Karin Nelson Request Regarding Downtown [21-0696] Exhaust Noise. Joan Rehm and Karin Nelson provided details on a petition from Downtown residents regarding excessive noise from cars and motorcycles circling the Greenbridge/140 West area at all hours of the day and night in vehicles that have been enhanced to amplify sound. They urged the Council to adopt changes to the Noise Ordinance that would address that issue and to investigate technologies that could help curtail it. 3.01 Makeda Ma'at Request Regarding Community Home Trust. [21-0730] Makeda Ma’at, a board member of The Landings, expressed concern about the way Community Home Trust (CHT) had been working with The Landings’ resident manager. She said that CHT had perpetrated an environment of distress, discrimination, disenfranchisement, and exclusion. She asked the Council to review CHT's policies and practices regarding resident engagement, equality, diversity, and decision-making. 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. 3.02 Rebecca Mormino Regarding Change of Name of Dixie [21-0731] Drive. Rebecca and Jesse Mormino expressed support for the Dixie Drive name change proposed in Item 2. The current name was inextricably linked to the Confederacy, and the Town could easily do better than that, they said. 3.03 Mayor Hemminger Regarding Upcoming Meetings. [21-0733] Mayor Hemminger mentioned Council’s work session the following week and said Council would discuss the staff recommendations from the Reimagining Community Task. 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 Page 4 of 14 Town Council Meeting Minutes - Final September 22, 2021 or any Council Member. Approval of the Consent Agenda A motion was made by Council Member Anderson, seconded by Mayor pro tem Parker, that R-1 be adopted, which approved the Consent Agenda. The motion carried by a unanimous vote. 4. Approve all Consent Agenda Items. [21-0697] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 5. Withdraw Approval of the Following Stormwater Storage Basin [21-0698] Projects: Piney Mountain, Red Bud, Daley Road, New Parkside, MLK and Willow and Create a Working Group on Stormwater Management in the Booker Creek Watershed. Chad Pickens, a Stormwater Utility Management Advisory Board member, said he hoped the Booker Creek Watershed working group would include representatives from businesses and neighborhoods that had been adversely affected by flooding. Mayor Hemminger said that the Consent Agenda included a related item and that a community working group, which included Mr. Pickens, was being formed. The goal was to have a diverse mix of expertise that could get started right away, she said. She said that she would provide more information at an October 20, 2021, Council work session. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 6. Approve a Memorandum of Agreement Between Orange County [21-0699] and the State of North Carolina Regarding the Disbursement of Settlement Funds Related to the National Opioid Litigation. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 7. Continue the Public Hearing for Conditional Zoning - Amending [21-0700] the Chapel Hill Zoning Atlas to Rezone the Rosemary-Columbia Street Hotel Property Assemblage Located at 108, 110, and 114 W. Rosemary Street and 208 Pritchard Avenue from Residential-3 (R-3), Office/Institutional-1 (OI-1), and Town Center-2 (TC-2) to Town Center-2- Conditional Zoning District (TC-2-CZD). This resolution(s) and/or ordinance(s) was adopted and/or enacted. 8. Adopt Minutes from May 23, 2005 and April 29, 2020 and May [21-0701] 13 and 27, 2020 and June 3, 10 and 17, 2020 Meetings. Page 5 of 14 Town Council Meeting Minutes - Final September 22, 2021 This resolution(s) and/or ordinance(s) was adopted and/or enacted. INFORMATION 9. Receive Upcoming Public Hearing Items and Petition Status [21-0702] List. This item was received as presented. 10. Receive Annual Compliance Reports for July 1, 2020-June 30, [21-0703] 2021 for the Carolina North, Glen Lennox, and Obey Creek Development Agreements. This item was received as presented. 11. Blue Hill Semiannual Report #14. [21-0704] This item was received as presented. DISCUSSION 12. Receive Update and Provide Guidance on FY22 & FY23 [21-0705] Climate Action Implementation Plan. Community Sustainability Officer John Richardson gave a PowerPoint presentation on the Town's FY 2022-23 Climate Action Implementation Plan. He pointed out that the Town had adopted a goal in April 2021 of reaching zero emissions by the year 2050 and had created a Climate Action Fund to support implementation. He would return in February 2022 with the first quarterly report, he said. Mr. Richardson said that the Climate Action Plan's four main impact categories were: greening the grid, sustainable transportation, sustainable development, and green building retrofits. The four primary actions in the plan pertained to: buildings/energy, transportation/land use, water/wastewater/natural resources, and resiliency, he said. He pointed out that buildings and transportation made up 95 percent of the community's emissions and would be a major focus of actions for the next few years. Mr. Richardson gave a PowerPoint overview of the Implementation Plan and showed a detailed list of actions, some of which were already underway. He discussed priorities and provided updates on current and planned projects. He said that each action area within the adopted plan included a set of metrics, which would be updated and made available online in February 2022. The Mayor and Council praised Mr. Richardson and staff for all the good work they had done. They confirmed with him that nearly everything had Page 6 of 14 Town Council Meeting Minutes - Final September 22, 2021 been budgeted through the Town's Climate Action Fund, the larger Town budget, or grants. Town Manager Maurice Jones noted, however, that achieving the goals might stretch staff time. Funding was available for the short term, but some bigger long-term items would be part of future budget discussions, said Mr. Jones. The Council and Mr. Richardson discussed how the Implementation Plan was an interdepartmental, organization-wide effort led by the Office of Sustainability. The Council confirmed with him that his office would soon hire a second person to help manage projects. Mr. Richardson said that electric mobility would be part of the larger plan and Mayor Hemminger pointed out that some communities had given grants to residents to purchase electric bicycles. She discussed the potential for partnering with other groups and the importance of leveraging resources with non-profits and others. Mayor Hemminger said that there was currently a lot of movement in the Climate Action area. A Climate Mayors group, of which she was a member, had sent a letter to Congress asking for federal guidelines to help incentivize businesses, she said. Council Member Ryan recommended sharing expertise across jurisdictions. She also pointed out that much of the focus was on emissions, and she stressed the need to build in sequestration, environmental services, and biodiversity components. Mayor Hemminger noted that Mr. Richardson would be part of a working group that included members from the Environmental Sustainability Board and the Stormwater Board. She stressed the importance of moving fast on the Climate Action Plan since there was a limited window to make a huge difference. This item was received as presented. 13. Presentation: University of North Carolina at Chapel Hill [21-0706] Semi-Annual Campus Development Report. Michael Peihler, Chief Sustainability Officer at the University of North Carolina at Chapel Hill (UNC), described "Sustainable Carolina,” a new, conceptual framework to broaden UNC's sustainability venture. That plan, which was available online at Sustainable.edu, had accelerated UNC's target for carbon neutrality (from 2050 to 2040) and laid out very clear strategies to attain that target, he said. Dr. Peihler outlined UNC's goal of moving away from using coal as quickly as possible and gave a PowerPoint presentation on aspects of that plan. He said that UNC was down 47 percent in overall emissions from its 2007 baseline and that greenhouse gas emissions had been reduced by 17 Page 7 of 14 Town Council Meeting Minutes - Final September 22, 2021 percent. Interventions by UNC's Operations and Facilities staff had brought great results and the University was committed to moving away from coal as quickly as possible, he said. The Council verified with Dr. Peihler that the reduction in coal use had been due mainly to a shift to natural gas but also to a reduction in total energy consumption. He said that UNC planned to close its coal-burning Co-Generation Plant much sooner than 2040. In response to a question about whether UNC had discussed reducing the number of people who drive to campus, Dr. Peihler said that was not his area of expertise, but he knew that transportation staff was looking at it. Evan Yassky, Executive Director for Facilities Planning and Design, presented a semi-annual update on UNC's Capital Projects Program. He said that several major projects had been put on hold due to COVID-19, but two minor interior ones had been completed. He said that five projects were in construction and gave updates on each of them. These included the Curtis Media Center, the Medical Education Building, a Central Generation Plant for UNC Hospitals, improved open space near the Student Activities Service Building, and UNC Health's Surgical Tower. Mr. Yassky said that projects in design included a major expansion and renovation of the Kenan Flagler Business School and a Solar and Energy Storage Project at the former Horace Williams Airport. He pointed out that those projects were both related to Climate Action, since the Business School project would have very close to net zero emissions This item was received as presented. 14. Consider an Application for a Major Modification to the [21-0707] Development Agreement: Glen Lennox Height Modification. Senior Planner Anya Grahn presented the application for a major modification to the Glen Lennox Development Agreement (DA). The request was to add height to blocks along Raleigh Road, and the purpose was to provide greater density to support retail, she said. She pointed out that the applicant had shared its intent to apply for DA modifications in March 2021 and that there had then been a related public information meeting in September. Ms. Grahn said that the applicant had originally asked to add one story to both Block 4A and Block 9C and two stories to Block 9B. However, members of the nearby Oakwood neighborhood had raised concerns about that and the applicant had subsequently eliminated the request regarding Block 9B, she said. She mentioned that the Oakwood neighborhood had also requested more greenspace and less parking. Ms. Grahn said that the Planning Commission had recommended approval. Page 8 of 14 Town Council Meeting Minutes - Final September 22, 2021 She recommended that the Council open the public hearing and then either close the hearing and take action or continue the hearing to October 13, 2021. Joe Dye, executive vice president at Grubb Properties, outlined Grubb's guiding principles and affirmed its commitment to creating a walkable and bikeable infrastructure that would be part of a larger greenway system. Over the last 18 months, Grubb had been focusing on Glen Lennox Phase II, which encompassed the lower 18-acre mixed-use corridor, he said. He provided details on how the requested height modification would help achieve the mixed-use core that had been envisioned in the 2014 DA. The plan would trade some additional height for maximizing community greenspace, including a bike and pedestrian link, he said. Council Member Ryan confirmed that both Hamilton Road and NC 54 would be widened. She expressed concern about working against other multi-modal goals, but Mr. Dye replied that a greenway would be extended for that reason. He pointed out that extending the greenway had not been part of the original DA. Council Member Ryan encouraged the applicant to find a way to make crossing NC 54 easier and safer for pedestrians. Mr. Dye agreed that it was an important consideration and said that the crosswalk was on Grubb's prescribed list of improvements. Former Mayor Kevin Foy, an Oakwood Drive resident, encouraged Council Members to continue focusing on greenspace and the kind of inter-connectivity that really promotes community. He advised them to focus on what makes community work and cautioned against overburdening one part of the community with the needs of another part. He recommended checking to see if a greenway would even be allowed at the utility easement along the property line, and he agreed with Council Member Ryan's comments regarding the need to improve pedestrian safety at NC 54. Molly McConnell, a Glen Lennox Apartments resident, pointed out that Grubb Property tenants would not have known about the public information meeting if Mayor Hemminger had not contacted them. She praised Grubb's decision to reconsider the additional stories on Block 9B, and she emphasized the need to pay special attention to the environment and green space. Council Member Ryan thanked the applicant for dropping the request to increase the height in Block 9B. Council Member Gu said she agreed with Planning Commission comments regarding the need for more green space and less parking. Mayor Hemminger said she was pleased that the applicant had been willing to listen to public comments and work toward Page 9 of 14 Town Council Meeting Minutes - Final September 22, 2021 better outcomes. Mayor Hemminger said that the Town's normal process was to hold two public hearings for a major modification even though the DA process did not require more than one. She suggested that the Council consider holding another public hearing so that additional information could be obtained and more people could have an opportunity to speak. The Council agreed to allow 30 more days. A motion was made by Mayor pro tem Parker, seconded by Council Member Anderson, to continue the legislative hearing to October 13, 2021. The motion carried by a unanimous vote. 15. Open the Legislative Hearing: Land Use Management [21-0708] Ordinance Text Amendment - Section 3.11 Regarding Short Term Rental Standards in Blue Hill District. Planner II Becky McDonnell presented a text amendment (TA) for a section of the Town's Land Use Management Ordinance related to short-term rentals (STRs) in the Blue Hill District (BHD). She pointed out that a recently adopted STR ordinance did not apply to the BHD, which was subject to different regulations. Ms. McDonnell said that the proposed TA would apply Townwide operational standards to the BHD and add specific language and criteria to distinguish overnight lodging from STRs. She recommended that the Council open the legislative hearing, receive comments, and continue the hearing to October 27, 2021, for potential enactment. A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, to continue the legislative hearing to October 27, 2021. The motion carried by a unanimous vote. 16. Open the Legislative Hearing: Land Use Management [21-0709] Ordinance Text Amendment - Sections 4.4 Zoning Amendments, 4.5 Special Use Permits, 4.7 Site Plan Reviews, and 4.8 Master Land Use Plans Related to Time Extension Periods Granted by the Town Manager. Assistant Planning Director Judy Johnson gave a brief presentation on a Land Use Management TA that would remove the word "single" from a section about how the Town Manager may grant a "single extension" for Conditional Zoning, Special Use Permits, site plan reviews, and master land use plans. She said that the Manager was currently restricted to one 12-month extension and that giving him a little more discretion would help the Council's calendar. The item would return for action at the October 27, 2021 Council meeting, she said. Page 10 of 14 Town Council Meeting Minutes - Final September 22, 2021 Council Member Ryan asked if the change would imply only one extension. Town Attorney Ann Anderson replied that she, too, thought the wording regarding that should be clearer. In addition, the word "he" should be changed to "the Manager,” Ms. Anderson said. A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, to continue the legislative hearing to October 27, 2021. The motion carried by a unanimous vote. 17. Public Parking Opportunities in Town Center: Considering [21-0710] Payment-in-Lieu Amendments to Land Use Management Ordinance, Town Code, and Other Policies. This item was moved to another agenda. CONCEPT PLAN REVIEW 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. 18. Concept Plan Review: Lullwater, Old University Station Road [21-0711] and Adair Drive. Ms. Johnson introduced a concept plan for 310 units and 475 parking spaces on the western half of a 40-acre site zoned Mixed Use/Office Institutional - 1. She said that the applicant was proposing a two-phase process in which 270 apartments would be constructed in Phase A and about 40 townhomes and some larger flats constructed in Phase B. Based on early conversations, the applicant probably would pursue a Conditional Zoning, she said. Ms. Johnson pointed out that the 40 acres were in a Future Focus Area, where Multi-Family Residential was a primary land use. She said that the Town's Mobility Plan showed a couple of greenways nearby and that the Page 11 of 14 Town Council Meeting Minutes - Final September 22, 2021 site was close to a proposed bus rapid transit stop. The Town's urban designer and Town advisory boards had reviewed the plan, she said, and she recommended that the Council adopt the resolution to transmit comments to the applicant. The applicant, Dan Jewell, of Coulter Jewell Thames, showed photos of the site and provided information about its history. He emphasized the close proximity to goods and services and public transportation. He described surrounding areas and said that a nearby greenway trail would extend all the way through the property. Mr. Jewell discussed a large powerline easement that ran through the southern portion of the site and pointed out several other topographical challenges, such as a fairly steep slope and a large amount of Resource Conservation District in the middle of the site. He said that Urban Designer Brian Peterson had done his master plan before a stormwater analysis had determined that much of the land could not be developed. Mr. Jewell said that the current concept plan would leave a large amount of undisturbed greenspace in the middle. He described two four-story apartment buildings at the western end, both of which would have an additional story in the back where the land slopes. Some parking would be in that lower level, he said. Mr. Jewell said that the plan would preserve 30 percent of the site's natural tree coverage. Since the area under power lines could not be built upon, it might be used as community open space, playing fields, or community gardens, he said. He offered to work with Town staff to determine if Conditional Zoning/Office-Institutional-3 would be the best fit for the project. With regard to Affordable Housing, Mr. Jewell said that 15 percent of the 270 market rate rental units would be below market rate. He proposed 20 percent at 80 percent area median income (AMI), 40 percent at 100 percent AMI, and 40 percent at 120 percent AMI. Mayor pro tem Parker asked why there were no affordable townhomes or flats, and Mr. Jewell replied that the applicant was looking forward to Council feedback on that. Mayor pro tem Parker confirmed that 125 of the parking spaces would be in a lower level behind the building. He verified with Mr. Jewell that the plan was to extend an existing greenway all the way through the property to its eastern end and that the road would ultimately lead into Chapel Hill North. Mr. Jewell described three points of vehicular ingress/egress that would probably exist in the future. He said that a traffic impact analysis would determine whether Old University Station Road would need to be widened. Page 12 of 14 Town Council Meeting Minutes - Final September 22, 2021 Former Council Member Julie McClintock said there was no approved master plan for the area because a Council committee had decided not to adopt one. She said that developing affordable rentals for displaced mobile home park residents had been an impetus for studying the area. She asked the Council to discourage the current application and recommended that the Council address issues regarding the adjacent mobile home park before considering any development there. Robert Beasley, a Chapel Hill resident, said that the concept plan did not address any of Chapel Hill's housing priorities, such as the need to house those at 80 percent AMI and below. He recommended that the Council discourage the project from moving forward as proposed. The Mayor and Council recommended that the applicant rethink the concept plan, which Mayor pro tem Parker characterized as a sea of big buildings surrounded by a sea of parking with a totally inadequate affordable housing proposal. Council Members emphasized that their goal was to create home-ownership opportunities and address the need for middle income and affordable housing. The Council said that the proposed design lacked a sense of place. Council Members expressed concern about the proposed ingress and egress, and they said that the greenway needed to be a real greenway, not a sidewalk. They said that gardens and playgrounds could not be built under Duke Power utility lines. Council Members emphasized the need to address the adjacent mobile home park crisis before moving forward with any vision for the area. They said that true workforce housing required 60 percent AMI, or below. In addition, they expressed concern about the potential health risks for anyone living so close to Interstate 40. A motion was made by Mayor pro tem Parker, seconded by Council Member Stegman, to adopt R-18. The motion carried by a unanimous vote. Council Member Anderson did not vote. REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT, PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS A motion was made by Mayor pro tem Parker, seconded by Council Member Huynh, that the Council enter Into closed session as authorized by General Statute Section 143-318.11(a)(5) to establish or instruct the staff or agent concerning the negotiation and terms of a possible contract concerning the acquisition of real property located at 8120 Merin Road. At the conclusion of the closed session, the Council will adopt a single motion to end the closed session and adjourn the Page 13 of 14 Town Council Meeting Minutes - Final September 22, 2021 meeting without taking further action. The motion carried by a unanimous vote. Council Member Anderson did not vote. ADJOURNMENT The council recessed the meeting at 10:21 p.m. and adjourned the meeting at the conclusion of the closed session. Page 14 of 14

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, September 22, 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_ZuMh62LkR1SF5R3nCQM5lQ After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 860 4766 7891 View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx – and on Chapel Hill Gov-TV (townofchapelhill.org/GovTV). OPENING 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 committee for study and report; referral to the Town Manager for investigation and report; receive for information. See the Status of Petitions http://www.townofchapelhill.org Page 1 of 6 Printed on 9/17/2021 Town Council Meeting Agenda September 22, 2021 to Council webpage to track the petition. Receiving or referring of a petition does not constitute approval, agreement, or consent. 1. Kate Sayre Request to Build a Splash Pad in Chapel [21-0694] Hill. 2. Barry Nakell Request to Rename Dixie Lane. [21-0695] 3. Joan Rehm and Karin Nelson Request Regarding [21-0696] Downtown Exhaust Noise. 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. [21-0697] By adopting the resolution, the Council can approve various resolutions and ordinances all at once without voting on each resolution or ordinance separately. 5. Withdraw Approval of the Following Stormwater [21-0698] Storage Basin Projects: Piney Mountain, Red Bud, Daley Road, New Parkside, MLK and Willow and Create a Working Group on Stormwater Management in the Booker Creek Watershed. By adopting the resolution, the Council withdraws approval of the following stormwater storage basin projects: Piney Mountain, Red Bud, Daley Road, New Parkside, MLK and Willow and creates a working group on stormwater management in the Booker Creek Watershed. 6. Approve a Memorandum of Agreement Between [21-0699] Orange County and the State of North Carolina Regarding the Disbursement of Settlement Funds Related to the National Opioid Litigation. By adopting the resolution, the Council approves the Memorandum of Agreement between the State of North Carolina and Local Governments on proceeds relating to the Settlement of Opioid Litigation. 7. Continue the Public Hearing for Conditional Zoning - [21-0700] Amending the Chapel Hill Zoning Atlas to Rezone the http://www.townofchapelhill.org Page 2 of 6 Printed on 9/17/2021 Town Council Meeting Agenda September 22, 2021 Rosemary-Columbia Street Hotel Property Assemblage Located at 108, 110, and 114 W. Rosemary Street and 208 Pritchard Avenue from Residential-3 (R-3), Office/Institutional-1 (OI-1), and Town Center-2 (TC-2) to Town Center-2- Conditional Zoning District (TC-2-CZD). By adopting the resolution, the Council defers consideration of the proposed conditional zoning district application for the Rosemary-Columbia Street Hotel property assemblage located at 108, 110, and 114 W. Rosemary Street and 208 Pritchard Avenue to October 13, 2021. 8. Adopt Minutes from May 23, 2005 and April 29, 2020 [21-0701] and May 13 and 27, 2020 and June 3, 10 and 17, 2020 Meetings. By adopting the resolution, the Council approves the summary minutes of past meetings which serve as official records of the meetings. INFORMATION 9. Receive Upcoming Public Hearing Items and Petition [21-0702] Status List. By accepting the report, the Council acknowledges receipt of the Scheduled Public Hearings and Status of Petitions to Council lists. 10. Receive Annual Compliance Reports for July 1, [21-0703] 2020-June 30, 2021 for the Carolina North, Glen Lennox, 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, and Obey Creek Development Agreements. 11. Blue Hill Semiannual Report #14. [21-0704] By accepting the report, the Council acknowledges receipt of the Blue Hill Semiannual Report #14. DISCUSSION 12. Receive Update and Provide Guidance on FY22 & FY23 [21-0705] Climate Action Implementation Plan. PRESENTER: John Richardson, Community Resilience Officer RECOMMENDATION: That the Council receive the information and provide guidance to staff, as needed. http://www.townofchapelhill.org Page 3 of 6 Printed on 9/17/2021 Town Council Meeting Agenda September 22, 2021 13. Presentation: University of North Carolina at Chapel [21-0706] Hill Semi-Annual Campus Development Report. PRESENTER: Evan Yassky, Executive Director, UNC Facilities Planning and Design RECOMMENDATION: That the Council receive the report from University staff, who will present the second of the semi-annual reports for 2021 reviewing the status of current and planned campus development projects. 14. Consider an Application for a Major Modification to the [21-0707] Development Agreement: Glen Lennox Height Modification. PRESENTER: Anya Grahn, Senior Planner 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. Comments from the public f. Comments and questions from the Mayor and Town Council g. Motion to adopt the Resolution of Consistency with the Comprehensive Plan h. Motion to enact the Ordinance to approve the request. RECOMMENDATION: That the Council adopt the Resolution of Consistency with the Comprehensive Plan and enact the ordinance approving the height modification. 15. Open the Legislative Hearing: Land Use Management [21-0708] Ordinance Text Amendment - Section 3.11 Regarding Short Term Rental Standards in Blue Hill District. PRESENTER: Becky McDonnell, Planner II a. Introduction and preliminary recommendation b. Recommendation of the Planning Commission c. Comments from the public d. Comments and questions from the Mayor and Town Council e. Motion to recess the Legislative Hearing to October 27, 2021 f. Referral to the Manager and Attorney. RECOMMENDATION: That the Council open the legislative hearing on the Land Use Management Ordinance (LUMO) text amendment, receive public comment, and continue the hearing to October 27, http://www.townofchapelhill.org Page 4 of 6 Printed on 9/17/2021 Town Council Meeting Agenda September 22, 2021 2021. 16. Open the Legislative Hearing: Land Use Management [21-0709] Ordinance Text Amendment - Sections 4.4 Zoning Amendments, 4.5 Special Use Permits, 4.7 Site Plan Reviews, and 4.8 Master Land Use Plans Related to Time Extension Periods Granted by the Town Manager. PRESENTER: Judy Johnson, Assistant Planning Director a. Introduction and preliminary recommendation b. Recommendation of the Planning Commission c. Comments from the public d. Comments and questions from the Mayor and Town Council e. Motion to recess the Legislative Hearing to October 27, 2021 f. Referral to the Manager and Attorney. RECOMMENDATION: That the Council open the legislative hearing on the Land Use Management Ordinance (LUMO) text amendment, receive public comment, and continue the hearing to October 27, 2021. 17. Public Parking Opportunities in Town Center: [21-0710] Considering Payment-in-Lieu Amendments to Land Use Management Ordinance, Town Code, and Other Policies. PRESENTER: Judy Johnson, Assistant Planning Director Dwight Bassett, Economic Development Director a. Introduction and preliminary recommendation b. Recommendation of the Planning Commission c. Comments from the public d. Comments and questions from the Mayor and Town Council e. Motion to recess the legislative Hearing to October 27, 2021 f. Referral to the Manager and Attorney. RECOMMENDATION: That the Council open the legislative hearing, receive public comment, and recess the hearing to October 27, 2021. CONCEPT PLAN REVIEW 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 http://www.townofchapelhill.org Page 5 of 6 Printed on 9/17/2021 Town Council Meeting Agenda September 22, 2021 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. 18. Concept Plan Review: Lullwater, Old University [21-0711] Station Road and Adair Drive. PRESENTER: Judy Johnson, Planning Assistant 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 resolution transmitting comments to the applicant. REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT, PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS http://www.townofchapelhill.org Page 6 of 6 Printed on 9/17/2021

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