Town Council
Regular MeetingChapel Hill, NC · October 27, 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, 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
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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
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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]
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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
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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
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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
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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
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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
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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
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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]
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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
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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
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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.
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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
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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.
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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
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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
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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
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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,
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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)
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Concept Plans: Presentations for Concept Plans will be limited to 15 minutes.
Concept Plan review affords Council members the opportunity to provide
individual reactions to the overall concept of the development which is being
contemplated for future application. Nothing stated by individual Council
members this evening can be construed as an official position or commitment
on the part of a Council member with respect to the position they may take
when and if a formal application for development is subsequently submitted
and comes before the Council for formal consideration.
As a courtesy to others, people speaking on an agenda item are normally
limited to three minutes. Persons who are organizing a group presentation
and who wish to speak beyond the three minute limit are requested to make
prior arrangements through the Mayor’s Office by calling 968-2714.
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
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