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Town Council

Regular Meeting

Chapel Hill, NC · October 27, 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, October 27, 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_ILvUHjWPQKC098q9cLcNNg After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 823 3644 5062 View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx – and on Chapel Hill Gov-TV (townofchapelhill.org/GovTV). Roll Call Present: 7 - Mayor Pam Hemminger, Mayor pro tem Michael Parker, Council Member Jessica Anderson, Council Member Allen Buansi, Council Member Hongbin Gu, Council Member Tai Huynh, and Council Member Amy Ryan Absent: 1 - Council Member Karen Stegman Page 1 of 15 Town Council Meeting Minutes - Final October 27, 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, Affordable Housing Manager Nate Broman-Fulks, Assistant Planning Director Judy Johnson, Senior Planner Anya Grahn, Community Development Program Manager Megan Culp, Housing and Community Connections Interim Director Sarah Vinas, Senior Planner Becky McDonnell, Communications and Public Affairs Director and 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. She said that Item 17 had been moved to the November 10th Council meeting. Mayor Hemminger called the roll and all Council Members replied that they were present, with the exception of Council Member Anderson, who was traveling and would be late and Council Member Stegman, who was absent due to illness. ANNOUNCEMENTS BY COUNCIL MEMBERS 0.01 Celebrating Successes Video - EV Charging Stations. [21-0841] The Council viewed a Celebrating Successes video about Town efforts to create a network of electric vehicle (EV) charging stations in keeping with its environmental sustainability goals. In the video, Town officials pointed out locations where charging stations had been installed and described changes in the Town's facilities and fleet. More information was available at plugshare.com, the narrator said. Mayor Hemminger praised Town staff for making progress and working hard to bring projects forward. She discussed the importance of building a robust EV charging station network in Town. 0.02 Mayor Hemminger Regarding Festifall - Arts Market This [21-0842] Saturday, 10/30. Mayor Hemminger said that a final Arts Market would be held on October 30th from 4:00-8:00 p.m. at the West Franklin Street parking lot. 0.03 Mayor Hemminger Regarding Tree of the Year Contest. [21-0843] Mayor Hemminger pointed out that a second annual "Mayor's Tree of the Year" contest was in progress. Participants should submit a photo and description of their favorite tree by November 20th, she said. 0.04 Mayor Hemminger Regarding Greene Tract Community [21-0844] Open House. Mayor Hemminger announced that an open house regarding the Greene Tract would be held on November 7th from 2:00-4:00 p.m. at the Rena Page 2 of 15 Town Council Meeting Minutes - Final October 27, 2021 Center. The meeting would be in person and online and additional information was on the Town Calendar, she said. 0.05 Mayor Hemminger Regarding Early Voting. [21-0845] Mayor Hemminger asked citizens to come out and vote in the 2021 municipal election. Early voting would run through October 30th and election day would be November 2, 2021, she said. 0.06 Mayor Hemminger Regarding Council Committee on [21-0846] Economic Stability Meeting. Mayor Hemminger announced that the Council Committee on Economic Sustainability would meet virtually on November 5th from 8:00-10:00 a.m. 0.07 Mayor Hemminger Regarding Council Remaining Virtual [21-0847] Throughout November. Mayor Hemminger said that Council meetings would continue to be held virtually through November 2021. She hoped the Council would be able to come back in person in December, she said. 0.08 Council Member Huynh Regarding Spirit Night in Support [21-0848] of Local YMCA. Council Member Huynh invited residents to attend a dinner at the Mediterranean Deli on October 28th from 5:00-7:30 p.m. He said that a portion of the proceeds would go to the Chapel Hill-Carrboro YMCA's annual campaign. Mayor Hemminger pointed out that an ice cream social would be held at the Rivers Agency on October 28th to support the YMCA as well. PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND PETITIONS FROM THE PUBLIC AND COUNCIL MEMBERS Petitions and other similar requests submitted by the public, whether written or oral, are heard at the beginning of each regular meeting. Except in the case of urgency and unanimous vote of the Council members present, petitions will not be acted upon at the time presented. After receiving a petition, the Council shall, by simple motion, dispose of it as follows: consideration at a future regular Council meeting; referral to another board or committee for study and report; referral to the Town Manager for investigation and report; receive for information. See the Status of Petitions to Council webpage to track the petition. Receiving or referring of a petition does not constitute approval, agreement, or consent. 1. John Shearer Request to Amend the April 14, 2021 [21-0811] Page 3 of 15 Town Council Meeting Minutes - Final October 27, 2021 Columbarium Request. John Shearer, a Chapel Hill resident, summarized his request to install a columbarium at the Old Chapel Hill Cemetery. He reviewed a list of proposed action items in a packet he had submitted to the Town and offered to assist staff in any way deemed appropriate. 2. Joseph Patterson III Request to Ban Through Traffic by Trucks [21-0812] and Buses on Henderson Street and North Street. Joe Patterson, a Chapel Hill resident, requested a ban on truck and bus traffic through North and Henderson Streets. He said that large vehicles blocking those streets were threatening residents' safety and that upcoming new construction would make the situation worse. His petition had strong neighborhood support, he said. 3. Mayor Hemminger and the Chapel Hill Downtown Partnership [21-0813] Request that the Town Explore Taking Over the Downtown Portion of Franklin Street. Mayor Hemminger explained that Item 3 was a joint petition from her and the Downtown Partnership. It asked staff to explore having the Town take control of the downtown portion of Franklin Street, from Henderson Street to Merritt Mill Road, she explained. She said that the NC Department of Transportation was amenable to the idea and that staff needed to determine the cost. Matt Gladdek, executive director of the Downtown Partnership, noted the benefits that having expanded sidewalks and outdoor dining, during the COVID-19 pandemic, had brought to the downtown area. Making those changes permanent had become the primary request from Downtown businesses and community members, he said. Susana Dancy, speaking on behalf of the Community Design Commission (CDC), said that the CDC had voted unanimously to fully support the petition. A motion was made by Mayor pro tem Parker, seconded by Council Member Ryan, that this item was received and referred to the Town Manager and Mayor. Council Member Anderson was not present for vote. 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 Page 4 of 15 Town Council Meeting Minutes - Final October 27, 2021 A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, that R-1 be adopted, which approved the Consent Agenda. Council Member Anderson was not present to vote. The motion carried by a unanimous vote. 4. Approve all Consent Agenda Items. [21-0814] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 5. Approve the Miscellaneous Budget Ordinance Amendment to [21-0815] Adjust Various Fund Budgets for FY 2021-22. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 6. Increase the Town’s Micro-Purchase Threshold. [21-0816] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 7. Approve an Additional $100,000 for Performance Agreements [21-0817] with Human Services Agencies Recommended by the Human Services Advisory Board. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 8. Approve the Town Attorney’s Employment Contract Extension. [21-0818] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 9. Award the Same Pay Increase Approved for all Employees to [21-0819] the Town Attorney and Award Additional Pay Increase to Town Attorney. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 10. Adopt a Local Resolution to Support the Installation of Art in the [21-0820] North Carolina Department of Transportation Right-of-way. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 11. Adopt Minutes from January 6, 13 and 27, 2021 and February [21-0821] 17 and 24, 2021 and March 10, 17, 24, and 31, 2021 Meetings. This resolution(s) and/or ordinance(s) was adopted and/or enacted. INFORMATION 12. Receive Upcoming Public Hearing Items and Petition Status [21-0822] List. This item was received as presented. DISCUSSION Page 5 of 15 Town Council Meeting Minutes - Final October 27, 2021 13. Close the Legislative Hearing and Consider a Land Use [21-0823] Management 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 presented a Land-Use Management Ordinance (LUMO) text amendment that would allow the Town Manager to grant two -- rather than one -- 12-month extensions for Conditional Zonings, Special Use Permits, site plans, and master-use plans. She proposed that the Council close the legislative hearing, receive any additional comments, adopt Resolution 11, and enact Ordinance 7. A motion was made by Mayor pro tem Parker, seconded by Council Member Huynh, that this legislative hearing be closed. The motion carried by a unanimous vote. Council Member Anderson was not present to vote. A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, that R-11 be adopted. The motion carried by a unanimous vote. Council Member Anderson was not present to vote. A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, that O-7 be enacted. The motion carried by a unanimous vote. Council Member Anderson was not present to vote. 14. Close the Legislative Hearing and Consider Enacting a Land [21-0824] Use Management Ordinance Text Amendment - Section 3.11 Regarding Short Term Rental Standards in Blue Hill District. Planner Becky McDonnell presented a LUMO text amendment regarding Short-Term Rental (STR) standards in the Blue Hill District. The proposed text amendment would apply adopted, Town-wide, operational STR standards to the Blue Hill District and distinguish STRs from overnight lodging, she said. She recommended that the Council close the legislative hearing, adopt Resolution A, and enact Ordinance A. A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, that the legislative hearing be closed. The motion carried by a unanimous vote. Council Member Anderson was not present to vote. A motion was made by Mayor pro tem Parker, seconded by Council Member Huynh, that R-13 be adopted. The motion carried by a unanimous vote. Council Member Anderson was not present to vote. A motion was made by Mayor pro tem Parker, seconded by Council Member Page 6 of 15 Town Council Meeting Minutes - Final October 27, 2021 Buansi, that O-8 be enacted. The motion carried by a unanimous vote. Council Member Anderson was not present to vote. 15. Open the Legislative Hearing: Land Use Management [21-0825] Ordinance Text Amendment - Section 3.6.2(E) Related to Historic District Commission Review Criteria. Senior Planner Anya Grahn presented a LUMO text amendment regarding Historic District Commission review criteria. The proposed amendment would re-insert language referencing a state-required congruity standard that had inadvertently been removed while the Town was making previous changes, she said. She proposed the wording and recommended that the Council open the legislative hearing, receive comments, and continue the hearing to November 17, 2021 for possible enactment. A motion was made by Mayor pro tem Parker, seconded by Council Member Huynh, that this legislative hearing be continued to November 17, 2021. The motion carried by a unanimous vote. Council Member Anderson was not present to vote. 16. Open the Legislative Hearing: Application for Conditional [21-0826] Zoning, 150 East Rosemary Street. Ms. McDonnell gave a PowerPoint presentation on a Conditional Zoning application for a 1.5-acre site, zoned Town Center 2, and located at the corner of East Rosemary and Henderson Streets. The applicant, Grubb Properties, was asking to rezone the site to Town Center 3/Conditional Zoning, she said. Ms. McDonnell summarized the proposal to demolish the existing Wallace Deck and replace it with a seven-story lab/office building. The plan included approximately 170 parking spaces over three levels of underground parking, she said. She noted that the parking area would include 150 bicycle spaces as well. Ms. McDonnell pointed out that a traffic impact analysis for the area had been revised. She showed photos of existing conditions and gave an overview of the site plan. She pointed out that the applicant was requesting a modification to the primary maximum height of 44 feet, to allow 112 feet, and to the secondary maximum of 120 feet, to allow 140. Ms. McDonnell presented photos of other Town buildings that had core heights similar to what was being proposed. She said that all Town boards had recommended approval of the rezoning application, with conditions. She recommended that the Council open the legislative hearing, receive comments, and continue the hearing to its November 17, 2021 meeting. Architect Michael Stevenson, Perkins Eastman, provided details on the Page 7 of 15 Town Council Meeting Minutes - Final October 27, 2021 proposed wet lab/office building, which would be the third piece of a Grubb Properties development in the area. He outlined the proposal for 238,000 square feet of research and office space, a new urban park, improved sidewalks and other pedestrian connections, a new streetscape and trees. He showed renderings of the proposed design and showed how parking would be accessed via an alleyway at the rear of the building and not be visible from Rosemary Street. Mr. Stevenson described recent design changes and provided details about building materials. He showed renderings of what the building would look like from various perspectives. He explained how the ground-level portion would be 40 feet tall and the remaining building would step back. The Council confirmed with Mr. Stevenson that the Town's urban designer had reviewed the design and supported the overall direction. They verified that the sidewalk, which was currently five feet wide and included a planting strip, would be widened to 16 feet. Council Member Huynh confirmed that the applicant would provide indoor spaces for e-bikes. The Council asked about potential competition with the Town for parking spaces, and Ms. McDonnell offered to bring back more information. In response to a comment from Council about how the increase in mass and height was beyond what had been specified in the Economic Development Agreement (EDA) with the Town, Joe Dye, vice president with Grubb Properties, said that the matter had been discussed with the Council and with Town boards. In response to concerns about the proposed floor-to-floor heights, Mr. Stevenson said that the 15-feet height was typically for labs and that the ground floor was 20 feet so that it would align with the parking area. Mayor pro tem Parker asked if all of the floors needed to be 15 feet tall since only two of them were being planned as wet labs. Mr. Dye replied that two floors was the minimum requirement from the EDA. Grubb Properties wanted to be capable of putting labs on multiple floors, and it was difficult to construct a building with various floor heights, he said. Mayor pro tem Parker ascertained from Mr. Dye that the proposed traffic route would not change the current limitations that post office vehicles and delivery trucks faced. Grubb Properties had been working with Town staff to incorporate post office parking requirements in the design, Mr. Dye said. The Council mentioned that residents had raised concerns about the proposed location of a dumpster near Henderson Street, and Mr. Dye discussed proposed strategies that might help mitigate concerns. The Council verified that the mechanical penthouse would be 20 feet tall, about 250 feet long, and stepped back. When asked about noise that it could create, Mr. Stevenson said that the sound would likely not be Page 8 of 15 Town Council Meeting Minutes - Final October 27, 2021 objectionable due to its height and separation from the street. Council Member Gu requested that the applicant provide calculations regarding that potential noise. The Council confirmed with the applicant that wet lab waste would be handled within the building and should not be put in the outside dumpsters. Council Member Gu requested that the applicant provide information on safety standards and the types of labs they were designing for. Mayor Hemminger proposed that the applicant provide the information that Council Member Gu had requested in writing before the next meeting. She pointed out that there were four levels of wet labs, each with different standards, and that the Town only approves one of those levels. The Council confirmed with Mr. Stevenson that the building was being designed to allow any floor to have a lab tenant. The mechanical system was being designed to allow about half of the total building area to be lab use, Mr. Stevenson said. Mayor Hemminger encouraged the applicant to look into providing irrigation for street trees, and she confirmed with Mr. Stevenson that the typical number of parking spaces for such a building would be about 500. She spoke favorably about how that limited number would lead to parking in the Town's deck and to people using other modes of transportation. She suggested that the applicant take a look at what reducing the floor-to-floor height on some levels would entail. Cultural Arts Commission members Justin Haslett, Josh Rosenstein, and Janice Farringer reminded the Council to keep the Commission and the Percent for Art Program in mind. Ms. Farringer pointed out that Town statutes required the Commission participate and be given the right to comment in an official way. Robert Beasley, a Chapel Hill resident, asked the Council to consider the implications of the proposed building's height on sound and to research the acoustic characteristics of that open space. Sean Cavanaugh, a Chapel Hill resident, said that building height had not been an issue when he lived downtown, where there was always noisy activity. Moreover, he had never noticed noise coming from a taller wet lab building on the University's main campus, he said. Council Members expressed general support for the project, but some said they were concerned about the height. They asked for more visuals, such as a video, that might provide a better sense of how the building might affect others in the area. Council Member Ryan requested that the Community Design Commission (CDC) be given the ability to read and Page 9 of 15 Town Council Meeting Minutes - Final October 27, 2021 approve materials and elevations, not merely review them. The Council asked for information regarding architectural treatments for the southern facade, which would loom over Franklin Street. Mayor pro tem Parker recommended that the mechanical penthouse be made more architecturally interesting as well. Mayor Hemminger said she thought the problem was one of massing and the appearance of height and that she thought there were ways to improve upon that. The Council agreed with a CDC recommendation that the applicant find a different location for the trash compactor, and Mayor Hemminger raised the possibility of partnering with other businesses regarding trash collection and disposal. Council Member Gu said that perhaps the applicant's trash could be kept inside its building along with its lab waste. Council Member Ryan asked for information on the level of allowed lab uses and Council Member Gu said that information regarding biological safety level would be key. Council Member Huynh said that a good portion of the 150 bicycle spaces should be for e-bikes. Mayor pro tem Parker proposed that the applicant work with Town staff to locate an e-bike share station in the area. Mayor Hemminger recommended that the landscape architect re-look at the proposed size of the street trees. Several Council Members suggested that a large tree, or some other means of shade, be placed in the plaza. The Council unanimously requested more public art and green space. Mayor Hemminger suggested that the applicant consider a water feature, which would add some interest and make the area less of a place to just pass through. Mayor Hemminger expressed enthusiasm for bringing a new kind of environment and so many jobs to the community and said that Downtown merchants were excited about the plan. She recommended that Grubb Properties talk with the Public Arts Commission about opportunities for including more art. She confirmed that the applicant was striving for LEED certification, possibly gold. A motion was made by Mayor pro tem Parker, seconded by Council Member Buansi, that the legislative hearing be continued to November 17. The motion carried by a unanimous vote. Council Member Anderson did not vote. 17. Approve the Housing Advisory Board's Recommended Funding [21-0827] Plan for the Affordable Housing Development Reserve. This item was moved to the November 10, 2021, Council meeting. 18. Review Results and Consider Recommendations for the [21-0828] Page 10 of 15 Town Council Meeting Minutes - Final October 27, 2021 Employee Housing Program. Affordable Housing Manager Nate Broman-Fulks presented results and recommendations from a two-year pilot program that explored options for helping Town employees live in Chapel Hill. He said that the program, which had begun in response to a 2018 request from Council, provided help with home-ownership costs and down-payments for rentals. Mr. Broman-Fulks said that the Town had received eleven applications from employees for help with home-ownership costs. Seven of those remained eligible but none had found a home to purchase in their price range, he said. He reported that 13 employees had applied for rental fee help and that seven of those had received assistance. Mr. Broman-Fulks said that staff had conducted a survey of employees and others and that 70 percent of the Town employees, who responded, said they were interested in living in or close to Town. However, affordability remained their greatest barrier, he said, pointing out that the average price of a home in Chapel Hill was $500,000 in 2021. In addition, the housing types that employees wanted were limited in Chapel Hill, he said. Community Development Program Manager Megan Culp presented several recommendations. She recommended expanding the geographic area to within five miles of Town limits, since there were many affordable properties just over the Durham and Chatham County lines. She proposed increasing the eligible income limit from 115 percent of area median income (AMI) to 125 or 150 percent of AMI. And she proposed increasing the rental incentive amount to 2.5 times the fair market rent, adjusted annually, and allowing future rent payments as an eligible expense. Ms. Culp provided details on each of those recommendations and explained what their advantages would be. She recommended increasing the home-ownership incentive to $12,500 for employees purchasing a home, but keeping it at $7,500 for those purchasing one outside Town limits. She recommended enhancing employee outreach and engagement and said that staff intended to provide employees with more support, information, and training on how to navigate the process. Ms. Culp said that $43,000 of the $50,000 that had been budgeted for the pilot program remained and that staff anticipated serving two employees with home-ownership and five to seven with rentals, with those remaining funds. Staff would update materials and processes by end of 2021 and be ready to roll out the updated program early in 2022, she said. She recommended that the Council adopt Resolution 16, which would approve updates to the Employee Housing Program. Council Member Anderson entered the meeting during Ms. Culp's Page 11 of 15 Town Council Meeting Minutes - Final October 27, 2021 presentation. The Council confirmed with Town Manager Maurice Jones that building the program into the General Fund would be the most logical way to sustain. They confirmed with Mr. Broman-Fulks that financial counseling through Community Home Trust was required for anyone receiving assistance. The Town offered home-ownership counseling sessions for employees throughout the year as well, said Mr. Broman-Fulks. Ms. Culp said that employees had found that to be particularly helpful. Staff had been working on developing in-house training to show home-ownership opportunities in the community, said Ms. Culp. The Council ascertained that a 10 percent increase in employees living in Town each year would help with staff's goal if the eligibility increases were approved. Mayor Hemminger thanked staff for trying to help employees live closer to work. She expressed support for looking at more naturally-occurring affordable housing along the Town's borders. A motion was made by Mayor pro tem Parker, seconded by Council Member Anderson, that R-16 be adopted. The motion carried by a unanimous vote. CONCEPT PLAN REVIEW(S) Concept Plans: Presentations for Concept Plans will be limited to 15 minutes. Concept Plan review affords Council members the opportunity to provide individual reactions to the overall concept of the development which is being contemplated for future application. Nothing stated by individual Council members this evening can be construed as an official position or commitment on the part of a Council member with respect to the position they may take when and if a formal application for development is subsequently submitted and comes before the Council for formal consideration. As a courtesy to others, people speaking on an agenda item are normally limited to three minutes. Persons who are organizing a group presentation and who wish to speak beyond the three minute limit are requested to make prior arrangements through the Mayor’s Office by calling 968-2714. 19. Concept Plan Review: 710 North Estes Drive. [21-0829] Ms. Johnson presented a concept plan for a 78-townhome development on approximately seven acres on Estes Drive just east of the Aura property. She said that the site was zoned Residential 1 and that the applicant was proposing to rezone it to Residential 5. Staff anticipated that the project Page 12 of 15 Town Council Meeting Minutes - Final October 27, 2021 would come forward as a Conditional Zoning application, she said. Ms. Johnson explained that the property was located in sub-area B of the Town's South Martin Luther King Jr. Boulevard Focus Area, where multi-family was identified as a primary land use. She said that heights up to six stories were allowed in that area, with concern regarding the transition to a single-family neighborhood on the northern side. Ms. Johnson said that three advisory boards had reviewed the concept plan. The boards had raised concerns about the northern buffer, the proposed amount of greenspace, the architectural details, environmental aspects of the plan, and had encouraged the applicant to engage with the Community Home Trust regarding affordable housing, she said. She noted that Urban Designer Brian Peterson had made some suggestions regarding the design. Shea Cashen, representing Lock7 Development, gave a PowerPoint presentation showing the site on an aerial map and describing how the development would consist of 12 buildings with four to eight units in each. Each townhome would have a two-car garage and three or four bedrooms, he said. Mr. Cashen pointed out that Chapel Hill 2020 and the Central West Small Area Plan had both called for three- to four-story multi-family residential development at that location. He said that the development would provide a natural transition from the higher-density Aura project to the single-family detached homes along Estes and Somerset Drives. He had met with Community Home Trust and intended to follow the Towns' Inclusionary Zoning Ordinance, he said. Mr. Cashen described the proposed stormwater management facility. He said that the site would be about 46 percent impervious surface. Lock7 had the same 50-foot stream buffer on its plan that Aura had on its plan, he pointed out. He said that Urban Designer Brian Peterson had provided comments on improving the greenspace areas and potentially connecting the sidewalks to a multi-modal path along Estes Drive. David Marcozzi, with CI Design, Inc., showed renderings that he described as early concepts of how the buildings might look. Council Members confirmed with Mr. Cashen that Lock7's goal was to provide "missing middle" family housing but that early models had units starting in the $500,000s. They verified with Ms. Johnson that a 30-foot Duke Power easement on the western part of the property straddled the line between it and Aura. Mr. Cashen said that the buffers being shown were up to code and that they would not request any modifications. Page 13 of 15 Town Council Meeting Minutes - Final October 27, 2021 The Council confirmed that the three-to-four bedroom townhomes would be 2,700 to 3,000 square feet in size. Council Members determined that some of the internal buildings would face the greenspace and that the northern buffer, which faced single-family homes, was 10-15 feet. The applicant explained that a 10-foot Type B buffer would be close to the townhomes but that there would be approximately 100 feet of separation from the closest single-family home when one considers the additional buffers. Brian Daniels, a Somerset Drive resident, noted the need for a stoplight at the Somerset intersection and asked the applicant to maintain as much tree cover as possible. He said that neighbors had concerns about a proposed fourth floor party deck that would overlook traditional family homes. Additionally, the buffers did not seem adequate, he said, and he asked the applicant to look carefully at the CDC's comments. Lillian Pierce, a Somerset Drive resident, expressed concern about the buffer and said that the gas easement, which could not be landscaped, should not be considered a buffer. She quoted some of the CDC's comments and suggested alternate ways to integrate the plan into the neighborhood. Tobias Overath, a Somerset Drive resident, said that a better concept would include a variety of townhome types, sizes and shapes and would work with the gentle sloping terrain. He pointed out that the plan did not include any parks, playgrounds, greenspaces and buffers that would increase the quality of life for the people living there. Robert Beasley, a Chapel Hill resident, said that a $500,000 starting price was not targeting the "missing middle" and would exacerbate the Town's housing problems. He encouraged the Council to send a clear message that the Town needed affordable housing for 80-120 percent AMI, and below. Heather Lindeman, a Chapel Hill resident, said that the plan needed significantly more common space and integration with trees and outdoor spaces if the applicant wanted to entice families to live there. Council Members essentially recommended that the applicant return with a different concept. They said they liked the home-ownership model but that the proposed unit sizes and price points were not right for the missing middle that the Town wanted to attract. Council Members encouraged the applicant to think about smaller units, some of which could have one-car garages. The Council recommended more economic and architectural diversity, with Page 14 of 15 Town Council Meeting Minutes - Final October 27, 2021 a much stronger place-making focus and more variety in heights and sizes of buildings. If the applicant was seriously targeting families, then there needed to be more greenspace and some family-oriented amenities, they said. They pointed out that a rooftop amenity was not a substitute for yards, patios and gardens. Some Council Members commented that the architectural design needed much more articulation. Council Members stressed that the project should account for a future greenway in the area, and they recommended that the applicant rethink having houses in front on that greenway. They said that the applicant should rethink the 10-foot buffer as well and that a gas easement should not be counted as buffer. They emphasized the importance of having the site be a connection between Aura and Somerset Drive. Mayor Hemminger pointed out that the concept was for a modern design when townhomes with stoops would be more in keeping with the neighborhood. She agreed with what the Council had said about the need for more variety but cautioned against having too many one-car garages because that could lead to parking on the street. The Town did want townhouses but wanted to see a middle price point and a mix of housing rather than a "cookie cutter" look, she said. A motion was made by Mayor pro tem Parker, seconded by Council Member Huynh, that R-17 be adopted. The motion carried by a unanimous vote. ADJOURNMENT The meeting was adjourned at 10:21 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, October 27, 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_ILvUHjWPQKC098q9cLcNNg After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 823 3644 5062 View Council meetings live at https://chapelhill.legistar.com/Calendar.aspx – and on Chapel Hill Gov-TV (townofchapelhill.org/GovTV). OPENING ROLL CALL ANNOUNCEMENTS BY COUNCIL MEMBERS 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 http://www.townofchapelhill.org Page 1 of 6 Printed on 10/22/2021 Town Council Meeting Agenda October 27, 2021 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. John Shearer Request to Amend the April 14, 2021 [21-0811] Columbarium Request. 2. Joseph Patterson III Request to Ban Through Traffic [21-0812] by Trucks and Buses on Henderson Street and North Street. 3. Mayor Hemminger and the Chapel Hill Downtown [21-0813] Partnership Request that the Town Explore Taking Over the Downtown Portion of Franklin Street. 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. [21-0814] 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 the Miscellaneous Budget Ordinance [21-0815] Amendment to Adjust Various Fund Budgets for FY 2021-22. By enacting the budget ordinance amendment, the Council adjusts the General Fund, Library Gift Fund, Grants Fund, Transit Fund, and Climate Action Fund. By enacting the project ordinance amendments, the Council adjusts the Capital Projects Ordinance Fund, Housing Capital Grants Fund, Transit Capital Grants Fund, Affordable Housing Fund, and the Transitional Housing Fund. By adopting the resolution, the Council accepts funding from the Orange County ABC Board. 6. Increase the Town’s Micro-Purchase Threshold. [21-0816] By adopting the resolution, the Council authorizes an increase in the Town’s micro-purchase thresholds related to the expenditure of federal funds. 7. Approve an Additional $100,000 for Performance [21-0817] Agreements with Human Services Agencies Recommended by the Human Services Advisory http://www.townofchapelhill.org Page 2 of 6 Printed on 10/22/2021 Town Council Meeting Agenda October 27, 2021 Board. By adopting the resolution, the Council would authorize an additional $100,000 in performance agreements with human service agencies as recommended by the Human Services Advisory Board. 8. Approve the Town Attorney’s Employment Contract [21-0818] Extension. By adopting the resolution, the Council extends the contract of Town Attorney Ann Anderson one year from the end of her current employment contract, to March 1, 2025. 9. Award the Same Pay Increase Approved for all [21-0819] Employees to the Town Attorney and Award Additional Pay Increase to Town Attorney. By adopting the resolution, the Council will award a three percent pay increase to the Town Attorney with an effective date of July 1, 2021, and an additional salary adjustment of $5,050.00 effective November 1, 2021. 10. Adopt a Local Resolution to Support the Installation of [21-0820] Art in the North Carolina Department of Transportation Right-of-way. By adopting the resolution, the Council approves the 2021 Adopt-A-Block Artistic Signal Box Plan and directs the Manager to request the NCDOT Right-of-Way Art Committee approve the installation of Art on designated downtown signal boxes. 11. Adopt Minutes from January 6, 13 and 27, 2021 and [21-0821] February 17 and 24, 2021 and March 10, 17, 24, and 31, 2021 Meetings. By adopting the resolution, the Council approves the summary minutes of past meetings which serve as official records of the meetings. INFORMATION 12. Receive Upcoming Public Hearing Items and Petition [21-0822] Status List. By accepting the report, the Council acknowledges receipt of the Scheduled Public Hearings and Status of Petitions to Council lists. DISCUSSION 13. Close the Legislative Hearing and Consider a Land Use [21-0823] Management Ordinance Text Amendment - Sections http://www.townofchapelhill.org Page 3 of 6 Printed on 10/22/2021 Town Council Meeting Agenda October 27, 2021 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 revised recommendation b. Recommendation of the Planning Commission c. Comments from the public d. Comments and questions from the Mayor and Town Council e. Motion to close the Legislative Hearing f. Motion to adopt the Resolution of Consistency with the Comprehensive Plan g. Motion to enact the ordinance to approve the changes to the Land Use Management Ordinance RECOMMENDATION: That the Council consider extending the time extension periods granted by the Town Manager. 14. Close the Legislative Hearing and Consider Enacting a [21-0824] Land Use Management Ordinance Text Amendment - Section 3.11 Regarding Short Term Rental Standards in Blue Hill District. PRESENTER: Becky McDonnell, Senior Planner a. Update and recommendation b. Comments and questions from the Mayor and Town Council c. Motion to close the Legislative Hearing d. Motion to adopt the Resolution of Consistency e. Motion to enact Ordinance A. RECOMMENDATION: That the Council close the legislative hearing and enact the Land Use Management Ordinance (LUMO) text amendment. 15. Open the Legislative Hearing: Land Use Management [21-0825] Ordinance Text Amendment - Section 3.6.2(E) Related to Historic District Commission Review Criteria. PRESENTER: Anya Grahn, Principal Planner 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 November 17, http://www.townofchapelhill.org Page 4 of 6 Printed on 10/22/2021 Town Council Meeting Agenda October 27, 2021 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 November 17, 2021. 16. Open the Legislative Hearing: Application for [21-0826] Conditional Zoning, 150 East Rosemary Street. PRESENTER: Becky McDonnell, Senior Planner 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 recess the legislative hearing to November 17, 2021 i. Referral to the Manager and Attorney. RECOMMENDATION: That the Council open the Legislative Hearing, receive comment, and make a motion to recess the hearing and schedule consideration of the item on November 17, 2021. 17. Approve the Housing Advisory Board's Recommended [21-0827] Funding Plan for the Affordable Housing Development Reserve. PRESENTER: Nate Broman-Fulks, Affordable Housing Manager RECOMMENDATION: That the Council approve the Housing Advisory Board’s funding recommendation for the Affordable Housing Development Reserve (AHDR) applications received in October 2021. 18. Review Results and Consider Recommendations for [21-0828] the Employee Housing Program. PRESENTER: Sarah Osmer Viñas, Interim Director Nate Broman-Fulks, Affordable Housing Manager Megan Culp, Community Development Programs Manager RECOMMENDATION: That the Council approve updates to the Employee Housing Program. CONCEPT PLAN REVIEW(S) http://www.townofchapelhill.org Page 5 of 6 Printed on 10/22/2021 Town Council Meeting Agenda October 27, 2021 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. 19. Concept Plan Review: 710 North Estes Drive. [21-0829] PRESENTER: Judy Johnson, Assistant Planning Director a. Review of process b. Presentation by the applicant c. Comments from the Community Design Commission d. Comments from the public e. Comments and questions from the Mayor and Town Council f. Motion to adopt a resolution transmitting Council comments to the applicant. RECOMMENDATION: That the Council adopt the 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 10/22/2021

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