Town Council
Regular MeetingChapel Hill, NC · September 14, 2022
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 Paris Miller-Foushee
Mayor pro tem Karen Stegman Council Member Michael Parker
Council Member Jessica Anderson Council Member Amy Ryan
Council Member Camille Berry Council Member Adam Searing
Council Member Tai Huynh
Wednesday, September 14, 2022 7:00 PM RM 110 | Council Chamber
Language Access Statement
In-person Meeting Notification
The Chapel Hill Town Council will meet in person for the Meeting. Where possible,
the Council requests that members of the public continue to live stream the meeting
and view it over the Town’s cable television channel access at
https://chapelhill.legistar.com/Calendar.aspx - and on Chapel Hill Gov-TV
(townofchapelhill.org/GovTV) so that we can provide an opportunity for physical
distance within the building.
Parking
• Parking is available at Town Hall lots and the lot at Stephens Street and Martin
Luther King Jr. Boulevard. Additional parking is available in several
public lots on Rosemary Street. See http://www.parkonthehill.com
Entry and COVID-19 Protocols
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Town Council Meeting Minutes - Final September 14, 2022
distanced. Please do not sit in blocked chairs.
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in a voluntary demographic survey https://www.townofchapelhill.org/demosurvey
before viewing online or in person.
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OPENING
Mayor Hemminger called the meeting to order at 7:00 p.m. and reviewed the
agenda. She pointed out that it was the first in-person council meeting since
the start of the COVID-19 pandemic.
Mayor pro tem Stegman read a proclamation for National Hispanic Heritage
Month (September 15th to October 15th), which noted the many significant
contributions that Hispanic Americans make to the Town, state, and country.
The proclamation encouraged everyone to participate in the celebration and
learn more about Hispanic culture.
ROLL CALL
Council Members Searing and Huynh were absent, excused.
Present: 7 - Mayor Pam Hemminger, Mayor pro tem Karen Stegman,
Council Member Jessica Anderson, Council Member Camille
Berry, Council Member Paris Miller-Foushee, Council
Member Michael Parker, and Council Member Amy Ryan
Absent: 2 - Council Member Tai Huynh, and Council Member Adam
Searing
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, Principal Planner - Historic Preservation Anya Grahn, Library Director Susan
Brown, Recreation Supervisor John French, Parks and Recreation Director Phil Fleischmann, Urban
Designer Brian Peterson, Planning Manager Corey Liles, Communications Manager Ran Northam,
Police Officer Bradley, Fire Marshal Justin Matthews and Assistant Town Clerk Brenton Hodge.
ANNOUNCEMENTS BY COUNCIL MEMBERS
0.01 Proclamation: Hispanic Heritage Month [22-0661]
Mayor pro tem Stegman read a proclamation for National Hispanic Heritage
Month (September 15th to October 15th), which noted the many
significant contributions that Hispanic Americans make to the Town, state,
and country. The proclamation encouraged everyone to participate in the
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celebration and learn more about Hispanic culture.
This item was received as presented.
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. Jeff Charles Requests Regarding 2217 Homestead Road [22-0634]
Project.
Jeff Charles, the Town's representative to the Orange County Advisory
Board on Aging, recommended preserving a 50-foot tree buffer between
the Courtyards at Homestead and the 2217 Homestead Road project. He
asked the Council to require the developer to include 150-foot merge
lanes on both sides of the 2217 development's entrance and to post a
sign prohibiting automobile access to the road between the two
developments.
A motion was made by Council Member Anderson, seconded by Council
Member Berry, that the Council received and referred the petition. The motion
carried by a unanimous vote.
2. Eric Plow Request for Buffer Review Prior to Site Plan Review [22-0635]
Application.
Mayor Hemminger said that the Audubon Society was promoting two
programs ("Leave the Leaves" and "Lights Out") that asked residents to
leave fallen leaves on their lawns and to turn their outside lights off at
night during the fall season. Leaving leaves would encourage wildlife and
turning off lights would reduce confusion for migrating birds, she
explained.
A motion was made by Council Member Anderson, seconded by Council
Member Berry, that the Council received and referred the petition. The motion
carried by a unanimous vote.
2.01 Barbara Driscoll and Lynda Haake Request Regarding Lights [22-0663]
Out Chapel Hill Request for Town Assistance to Explore the
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Southern Village Site for New Museum.
A motion was made by Council Member Anderson, seconded by Council
Member Berry, that the Council received and referred the petition. The motion
carried by a unanimous vote.
CONSENT
Items of a routine nature will be placed on the Consent Agenda to be voted on in a
block. Any item may be removed from the Consent Agenda by request of the Mayor
or any Council Member.
Approval of the Consent Agenda
A motion was made by Council Member Anderson, seconded by Mayor pro tem
Stegman, that R-1 be adopted as amended, which approved the Consent Agenda.
The motion carried by a unanimous vote.
3. Approve all Consent Agenda Items. [22-0636]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
4. Enact the Annual Budget Ordinance Amendment to [22-0637]
Re-appropriate Funds for Prior Year Encumbrances and Other
Commitments.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
5. Approve a Reimbursement Resolution for Future Capital [22-0638]
Projects.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
6. Approve a Regional Bus Procurement Interlocal Agreement [22-0639]
(ILA).
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
7. Amend Chapter 2 Town Code of Ordinances to Modify the [22-0640]
Cultural Arts Commission Membership.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
8. Amend the Personnel Ordinance to Add Time Limited to [22-0641]
Categories of Town Positions and Related Employee Benefits.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
9. Approve Chapel Hill Transit’s Title VI Program. [22-0642]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
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10. Amend the Advisory Board Membership Policy to Require an [22-0643]
Application for Appointment.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
11. Approve the Council Naming Committee Recommendation to [22-0644]
Install a Plaque Honoring Chapel Hill-Carrboro NAACP
Founding Day at the Hargraves Community Center.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
12. Continue the Legislative Hearing and Defer Considering an [22-0645]
Amendment to the Chapel Hill Zoning Atlas for 101 East
Rosemary Street Conditional Zoning Application to a Date
Uncertain.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
13. Call a Public Hearing for a Time Extension to Issue 2015 [22-0646]
General Obligation (G.O.) Bonds for October 12, 2022.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
14. Call a Legislative Hearing for Land Use Management Ordinance [22-0647]
Text Amendments - Proposed Changes to Articles 3, 5, 6, and
Appendix A Related to Housing Regulations on October 19,
2022.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
15. Call a Legislative Hearing for Land Use Management Ordinance [22-0648]
Text Amendments - Proposed Changes to Articles 3, 4, and 5
Related to a Community Priority Review Process for Affordable
Housing on October 19, 2022.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
16. Adopt Minutes from October 20, 2021, and November 10, 2021, [22-0649]
and December 1 and 8, 2021, and January 5, 12, and 26, 2022
Meetings.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
16.1 Approve a Contract Amendment for a Planning Systems [22-0659]
Evaluation. (added 9/13/22)
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
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INFORMATION
17. Receive Upcoming Public Hearing Items and Petition Status [22-0650]
List.
This item was received as presented.
DISCUSSION
18. Approve Council Naming Committee Recommendation to Name [22-0651]
the Northside Gym at Hargraves Community Center for Nate
Davis and the Indoor Basketball Court at Hargraves Community
Center for Fred Battle.
Public Library Director Susan Brown, liaison to the Council Naming
Committee; and John French, Hargraves Center director; presented Naming
Committee recommendations that asked to name the Northside Gym at
the Hargraves Community Center in honor of Nate Davis and name the
Hargraves indoor basketball court in honor of Fred Battle.
Mr. French pointed out that friends and family of both Mr. Davis and Mr.
Battle were in the audience. He shared memories of the two men and
discussed projects and programs that they had established. He praised
them for the impact that they had had on individual lives during their
service to the Town.
The Council and audience gave both men a standing ovation. Mayor
Hemminger confirmed with Ms. Brown that Mr. Battle's name would also
be added to those at the Town's Peace and Justice Plaza.
A motion was made by Council Member Miller-Foushee, seconded by Council
Member Berry, that the Council adopt R-12. The motion carried by a
unanimous vote.
19. Open the Public Hearing and Consider Action on a Petition to [22-0652]
Annex Property at 2200 Eubanks Road.
Principal Planner Anya Grahn presented a petition to annex a 19-acre,
undeveloped parcel along Eubanks Road in an area recently named Chapel
Point Road. She said that the Council had approved a Conditional Zoning
District application from Optimal Ventures LLC in June 2022 to build a
Putt-Putt Fun Center and conditioned self-storage there. She reviewed
the estimated revenues and costs of the annexation and recommended
approval.
A motion was made by Council Member Parker, seconded by Council Member
Anderson, that the Council enact O-4. The motion carried by a unanimous
vote.
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20. Open the Public Hearing and Consider Action on a Petition to [22-0653]
Annex Property at 7300 Millhouse Road.
Planning Manager Corey Liles presented a petition to annex property along
Mill House Road where a 116,900 square-foot flex warehouse had been
proposed. He noted that the site was immediately south of Carolina
Donor Services, which the Town had annexed in 2020. The Council had
approved final plans for the site in May 2022 based on a Light Industrial
Conditional Zoning action that it had previously taken, he said. He
reviewed the estimated revenues and costs of the annexation and
recommended approval.
A motion was made by Council Member Ryan, seconded by Council Member
Anderson, that the Council enact O-5. The motion carried by a unanimous
vote.
ZONING ATLAS AMENDMENT(S)
Zoning Atlas Amendment: The Zoning Atlas Amendment, to change the zoning
designation on this property, is Legislative. The Council receives and considers
public comment on the merits of the proposed rezoning, including opinions, when
making Legislative decisions.
21. Open the Legislative Hearing: Conditional Zoning Application for [22-0654]
Stanat’s Place at 2516 Homestead Road.
Ms. Grahn gave a PowerPoint presentation on a rezoning application for
Stanat's Place, a proposed 47-unit, single-family townhome development
on 8.97 acres along Homestead Road. She said that the applicant was
asking to rezone the Residential-2 site to Residential-5/Conditional
Zoning District.
Ms. Grahn showed the site plan and indicated property lines, building
locations, ingress and egress, stormwater area, and a gathering
space/children's playground. She noted a Resource Conservation District
(RCD) on the southern portion that included a stream.
Ms. Grahn outlined the applicant's request to allow 73 percent RCD land
disturbance, rather than the required 40 percent. The applicant had asked
to permit 9.3 percent affordable housing (rather than the required 15
percent) and to disturb 95 percent of the steep slopes (rather than adhere
to the Town's 25 percent limit), she said. She noted that the applicant
was also proposing to maintain an existing 50-foot forested buffer along
the stream, rather than build a new 10-foot buffer.
Ms. Grahn explained that the applicant had proposed to extend Vineyard
Square's Cabernet Drive and connect it to new streets that would
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ultimately lead to Homestead Park. Due to Vineyard Square residents'
concerns about traffic and safety, however, the applicant had proposed to
place collapsible bollards at that connection, she said.
However, the Chapel Hill Fire Department was not in support of bollards
because they could interfere with emergency response, Ms. Grahn said.
She said that Town staff favored a full connection with Cabernet Drive
because that would provide direct access to neighborhoods and amenities,
decrease miles traveled, improve emergency response time, and address
Town connectivity goals. Ordinance A included full connectivity, she said.
Ms. Grahn indicated a list of Town advisory boards' and commissions'
recommendations, and she commented on some of them. She
recommended that the Council open the legislative hearing, receive public
comment, and continue the hearing to October 12, 2022.
Applicant Eric Chupp, representing CapKov Ventures LLC, discussed the
location's advantages and provided additional information on the site. He
elaborated on plans for a central park and showed a diagram of where
sidewalks would connect. He indicated where a greenway trail would run
through the property and eventually connect to Homestead Park if a small
section could be worked out with Vineyard Square. He proposed including
a turnaround at the connection with Cabernet Drive where the bollards
were being considered.
Mr. Chupp explained his requested modifications to regulations. He said
that the RCD disturbance would be limited to the least sensitive zones.
He pointed out that 96 percent of the site's steep slopes were man-made
and located on only 2.5 percent of the site. He discussed CapKov
Ventures's proposal to leave the 75-100 feet of dense vegetation rather
than clearing it out and planting a 10-foot Type B buffer.
Mr. Chupp said that the affordable housing plan was that four of the 1,700
square-foot/2-car garage units would be affordable, which would open
them up to larger families. Three of those four would be for families
earning 65 percent, or less, of the area median income (AMI) and the
other one would be for those earning 80 percent, or less, of AMI, he said.
He mentioned that all of the affordable units would have three bedrooms
and would look like the market rate ones.
Mr. Chupp said that he agreed with all of the advisory boards' comments.
The proposed project was in line with the Town's Comprehensive Plan and
its Future Land Use Map, he said.
The Council confirmed with Mr. Liles that the Planning Commission was in
favor of a full connection with Cabernet Drive, with a condition that
prohibited construction traffic there. Commission members had also
advocated for reducing parking numbers in order to encourage Transit use,
Mr. Liles said. Council Member Ryan pointed out that the Housing
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Advisory Board's vote had been 3-2. It would be helpful for the Council to
see dissenters' comments as well, she said.
The Council confirmed with Mr. Chupp that the proposed 4.4 parking
spaces per unit would include both garage and driveway spaces. That
total had been based on the understanding that people use their garages
for things other than cars and then park in their driveways, he said. The
Council asked staff to look into whether reducing parking would enable a
better design and suggested that Ms. Willger draw from the Town's new
Complete Community Plan.
Council Member Parker said that the applicant's proposed $9,000 payment
in lieu to Parks & Recreation for the greenway was insufficient and that
the issue would need to be resolved before the Council could vote on the
project. Mr. Chupp replied that he thought the plan was for a mulched
path.
Mayor pro tem Stegman verified that CapKov Ventures was not interested
in making a voluntary payment to Transit. The development would
generate a very low amount of traffic, Mr. Chupp said.
The Mayor and Council ascertained that the applicant would adjust prices
for the affordable units according to Community Home Trust's procedure.
They also confirmed that CapKov Ventures would agree to no short-term
rentals.
Mr. Chupp said that he hoped the issue regarding access from Vineyard
Square to the greenway would be resolved during negotiations between
Vineyard Square residents and the Town's Parks and Recreation
Department.
Vineyard Square residents Shiyue Lu, Nidhi Sachdeva, Yehua Wei, Susan
Nasser and Carl Schuler expressed concerns about their neighborhood
becoming a short-cut to Stanat's Place and beyond. They expressed a
preference for traffic-calming strategies over bollards, and Mr. Wei
proposed lowering the speed limit on Cabernet Drive, if full vehicle access
were allowed.
Ian Baltutis, a Vintage Drive resident, said it would be counterproductive
to set a precedent for walling neighborhoods off from each other with
bollards or other traffic-blocking devices. He also said that the applicant
should abide by the Town's 15 percent affordable housing requirement and
that the greenway connection should be paved rather than mulched for
accessibility reasons.
Andrew Kane, a Chapel Hill renter, encouraged the Council to approve the
project, noting that he and others were having difficulty finding affordable
housing in Chapel Hill.
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The Council said that the project was going in the right direction and
getting close to the type of Complete Community design they sought.
They emphasized Town connectivity goals and recommended that Town
staff and the applicant work with the fire marshal to find a traffic-calming
solution. They discussed the possibility of using bollards at Cabernet
Drive, and Mayor Hemminger pointed out that collapsible bollards pop
back up after being run over.
Council Members said that the applicant's affordable housing proposal
would provide important benefits for the community even though it did not
meet the Town's 15 percent standard. They noted that affordable units
were typically much smaller than those being offered and that three of the
four would be for 65 percent, or less, of AMI, and for sale. They
emphasized the importance of not setting a precedent for 10 percent,
however.
The Council asked staff to look for ways to reduce the parking. Mayor
Hemminger said, in summary, that the Council supported having guest
parking spaces that were not on the street but did not think that four
spaces per unit made sense. She also stressed that the Town needed to
consider going all electric.
Council Member Parker asked the applicant to look into creating a culture
of bicycle use within the community. He pointed out that a hard surface
greenway would be necessary for that, and Mayor Hemminger agreed that
the greenway needed to be a real one. She recommended that staff work
with the Bike and Pedestrian team on that.
Council Member Ryan said that roads going into the RCD would be okay
but having a stormwater pond there would not. She noted the effects of
stream disturbances on downstream flooding and asked the applicant to
look into putting the stormwater system underground.
A motion was made by Council Member Anderson, seconded by Council
Member Berry, that the Council continued the Legislative Hearing to October
12, 2022. 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.
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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.
22. Concept Plan Review: White Oak Drive Multifamily, 11 N. White [22-0655]
Oak Drive.
Planning Director Colleen Willger presented two concept plans for the
Gateway Area, which the Town's Future land Use Map (FLUM) had
identified for high intensity/high density uses. She said that Planning
staff had been following place-making principles and closely tracking a
Complete Community strategy with consultants Jennifer Hurley and Rod
Stevens. Staff had held community workshops over the summer and
would continue to work with the community throughout the fall, she said.
Ms. Willger described how the total development would connect to nearby
businesses, such as Wegmans and Eastowne, and have a multi-modal and
walkable focus. She said that community members had raised concerns
about traffic. Planners believed that adding more streets would disperse
traffic and that adding greenways, bicycle connections, and multi-use
trails would provide incentives to not use cars, she said.
Ms. Willger presented concept plans for two (White Oak and Gateway) of
four potential developments for the Gateway Area. She began with White
Oak, which was on a nine-acre site that was currently zoned Residential-1,
even though the FLUM identified it as high density. The applicant was
proposing 381 dwelling units in four- to five-story buildings wrapped
around parking garages, she said. There would be up to four stories in
the transitional area along Old Chapel Hill Road, but some community
members wanted that reduced to three stories and stepped back, she
said.
Ms. Willger said that there had been community discussion regarding the
buildings’ lengths, and she pointed out that shortening the buildings could
mean having to make them taller. She said that the Community Design
Commission (CDC) had thought the project was too dense, out of scale
with the neighborhood, and lacking in open space. The Housing Advisory
Board (HAB) had recommended that the project serve under 60 percent
AMI levels, and the Stormwater Management Utility Advisory Board
(SMUAB) had commented on stream protection, permeable surfaces, and
green infrastructure, she said.
Ms. Willger then presented the Gateway concept plan, which showed a
low-density, residential development on 16 acres zoned Residential-1.
She pointed out that the site was twice as large as White Oak but had the
same number (380) of dwelling units. She outlined a plan for surface
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parking, stormwater ponds, and an extended street network that would
connect to White Oak.
Ms. Willger said that the CDC had recommended that the applicant reduce
surface parking and add more internal connectivity and greenspace. The
HAB had wanted to see the affordable units interspersed throughout the
site. Some SMUAB members had commented on the RCD, even though
the plan was consistent with state requirements, she said.
Mayor Hemminger confirmed with Ms. Willger that the CDC's comments
had been made prior to work being done over the summer. The Council
verified that both projects were within walking distance of transit and that
the two Gateway Area projects that were not presenting had been
participating in the planning process. The Council would consider all four
projects together at some point, Ms. Willger said.
Applicant Lance Sherman, representing Davis Development, discussed the
revised concept plan for White Oak. He pointed out how the street
network had changed due to staff recommendations. He said that the
total number of units had been reduced from 381 to 338 and that the
building along Old Chapel Hill Road had been lowered from five to four
stories. All of the parking would be covered and wrapped by units and
there would be a pool on the top deck, he said.
Mr. Sherman showed renderings of what the four-story elevation would
look like. He said that Davis Development was waiting to hear from the
HAB regarding affordable housing, but they had heard that vouchers might
be applicable. Davis Development wanted the Council's opinion on
numbers and AMI percentages, he said.
A motion was made by Council Member Anderson, seconded by Mayor pro
tem Stegman, that the Council adopt R-13. The motion carried by a
unanimous vote.
23. Concept Plan Review: Gateway, E. Lakeview Drive. [22-0656]
Jim Earnhardt, representing Bryan Properties Inc. and Northview Partners,
explained that their 16-acre Gateway parcel included multiple owners and
heirs. Bryan Properties had closed on about half of those and expected to
close on the others in coming months, he said. He explained that the
current goal was to create a sense of place and establish a pattern for
future development. The primary focus thus far had been on the public
realm, he said.
Mr. Earnhardt presented a concept plan that included two-lane roads with
sidewalks, seven-foot tree planting areas, on-street parking, pocket parks,
a club house/pool for market rate units, several ponds, and various
courtyards throughout. Over the summer, they had extended the road
network, added a multi-use path, linear park and greenway, and
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re-configured a senior living building, he said.
Mr. Earnhardt said that the Gateway site scored well for the Low-Income
Housing Tax Credit (LIHTC) Program and Bryan Properties believed there
would be a good market for up to 72 units of low-income senior housing at
the site. He showed overhead and street-level views and discussed a
potential east-west corridor. He discussed the streetscape and how the
overall plan was similar to Southern Village, which Bryan Properties had
also developed.
Council Members confirmed that the applicant's intent was to build the
infrastructure for affordable housing and then consider making a donation
toward it if they did not receive LIHTC approval. They also confirmed that
the plan included surface parking spaces on both sides of the streets and
behind buildings. There would be 1.5 parking spaces per market rate unit
and one space per affordable unit, Mr. Earnhardt said.
The Council verified that neither White Oak nor Gateway contained any
vertical, integrated retail. Both developers said that they probably would
include on-site amenities, such as coffee shops and co-working spaces.
However, the logical place for retail would be on the two sites that had
not yet presented, since those were closer to Highway 15-501, they said.
Mayor Hemminger confirmed that neither project planned to include for
sale units, but Mr. Earnhardt said that Gateway could be a catalyst for
some of those in the future. The Mayor emphasized a Town goal of
including public gathering spaces that would bring people into the area.
She ascertained from Ms. Willger that staff had tentatively identified an
area for that along Highway 15-501.
Frank Christenson, a Chapel Hill resident, spoke in favor of the project.
The entire Gateway Area development could enable the Town to be a
national model for residential/commercial development, he said.
Joanna Pomerantz, a Chapel Hill native, said that development in the area
would increase traffic on roads and intersections that were not able to
handle it. She characterized having multi-use paths as "laughable" since
it would not be possible to go anywhere beyond Old Chapel Hill Road
without a car. She asked the Council to honor the intent of the FLUM and
decrease the size and density of the proposed developments.
Charles Berlin, sponsor of a petition with 500 signatures that sought an
improved and integrated plan, said that the extreme density of the White
Oak plan was out-of-scale with the surrounding area and the opposite of
what the Town's consultants had espoused. The White Oak applicant had
failed to consider the characteristics of complete communities, had
ignored Planning Department and CDC recommendations, and had brushed
community concerns aside, he said.
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Susan Rice, a Pope Crossing resident, said that any effort by the Town
Council to rezone the land and add thousands of people to the area of
single-family neighborhoods would be "unethical" since the property was
located in Durham County.
Mayor Hemminger clarified that the Gateway Area was within Chapel Hill's
zoning jurisdiction. She said that many other properties in Town were in a
similar situation. Mayor pro tem Stegman commented on the importance
of making the benefits of a Complete Community clear to those who
already live in the neighborhood.
All Council Members praised Town Planning staff for their fine work.
Council Member Anderson said that having a shared-road network and
shared amenities was a huge accomplishment and Council Member Parker
said it was some of the best Planning work that he had seen. Mayor
Hemminger thanked the developers for being willing to work together.
Council Members agreed that the Gateway project worked better than
White Oak, since structured parking with a wrapped building was not what
the Town wanted. They characterized White Oak as massive and lacking
in any effort toward place-making and tree preservation. They urged the
developer to move away from that suburban orientation. They preferred
height over mass and going higher at the core might be preferable, some
said.
The Council spoke more favorably about the Gateway project, due to its
good human scale and walkability. The project was moving in the right
direction but needed more community gathering spaces, they said.
Council Member Ryan proposed moving away from the more suburban
model of pool/clubhouse/exercise room and toward more gathering spaces,
such as coffee shops and bodegas.
Council Member Parker pointed out that eliminating at least some of the
surface parking would free up space for more public amenities. Mayor
Hemminger raised the idea of combining the proposed pocket parks into
one larger gathering area that would provide more of a sense of
community.
Council Members said they wanted more certainty regarding affordable
housing. Some expressed skepticism about the possibility of Gateway
obtaining LIHTC approval and asked the applicant to provide additional
options. They discussed traffic concerns, and Mayor Hemminger said that
she wanted to know if the developers were willing to make road
improvements.
The Council noted that neither plan included for sale housing, and Mayor
Hemminger pointed out that it would be okay if the other two parcels
provided it. Council Members stressed the importance of keeping as many
internal stands of trees as possible, not just having trees in the buffers.
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Town Council Meeting Minutes - Final September 14, 2022
Several Council Members commented on how they were still looking for
"that wow factor" that would be key to integrating the four projects.
Mayor Hemminger mentioned changes that the Council had made to the
Town's Blue Hill District's standards for block size and other factors. Such
changes had led to a better sense of community at Blue Hill, she said,
and she urged Gateway Area developers to consider those as well. She
spoke about the Town's need for housing, the jobs coming, and the
Town’s need for people to be able to live, work, and play in the same
community, she said. She pointed out that condos sell fast in Chapel Hill.
A motion was made by Council Member Anderson, seconded by Mayor pro
tem Stegman, that the Council adopt R-14. The motion carried by a
unanimous vote.
APPOINTMENTS
24. Appointments to the Community Policing Advisory Committee. [22-0657]
The Council appointed Andrew Gary and Hilary Rau to the Community
Policing Advisory Committee.
ADJOURNMENT
The meeting was adjourned at 10:29 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 Paris Miller-Foushee
Mayor pro tem Karen Stegman Council Member Michael Parker
Council Member Jessica Anderson Council Member Amy Ryan
Council Member Camille Berry Council Member Adam Searing
Council Member Tai Huynh
Wednesday, September 14, 2022 7:00 PM RM 110 | Council Chamber
Language Access Statement
In-person Meeting Notification
The Chapel Hill Town Council will meet in person for the Meeting. Where
possible, the Council requests that members of the public continue to live
stream the meeting and view it over the Town’s cable television channel
access at https://chapelhill.legistar.com/Calendar.aspx - and on Chapel Hill
Gov-TV (townofchapelhill.org/GovTV) so that we can provide an opportunity
for physical distance within the building.
Parking
• Parking is available at Town Hall lots and the lot at Stephens Street and
Martin Luther King Jr. Boulevard. Additional parking is available in several
public lots on Rosemary Street. See http://www.parkonthehill.com
Entry and COVID-19 Protocols
• Entrance on the ground floor.
• Visitors and employees will self-screen. Do not enter if you have these
symptoms: Fever, chills, cough, sore throat, shortness of breath, loss of taste
or smell, headache, muscle pain
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Town Council Meeting Agenda September 14, 2022
• Attendees are encouraged to wear masks in the building and will sit
physically distanced. Please do not sit in blocked chairs.
• The Town of Chapel Hill wants to know more about who participates in its
programs and processes, including Town Council meetings. Please participate
in a voluntary demographic survey
https://www.townofchapelhill.org/demosurvey before viewing online or in
person.
• Food and drinks are prohibited in the Council Chamber.
• Hand sanitizer is located near the main doors.
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
to Council webpage to track the petition. Receiving or referring of a petition
does not constitute approval, agreement, or consent.
1. Jeff Charles Requests Regarding 2217 Homestead [22-0634]
Road Project.
2. Eric Plow Request for Buffer Review Prior to Site Plan [22-0635]
Review Application.
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.
3. Approve all Consent Agenda Items. [22-0636]
By adopting the resolution, the Council can approve various
resolutions and ordinances all at once without voting on each
resolution or ordinance separately.
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4. Enact the Annual Budget Ordinance Amendment to [22-0637]
Re-appropriate Funds for Prior Year Encumbrances
and Other Commitments.
By enacting the budget ordinance amendment, the Council
appropriates funds for prior year encumbrances, previously approved
grants, and capital improvement projects in various funds for the
2022-23 fiscal year.
5. Approve a Reimbursement Resolution for Future [22-0638]
Capital Projects.
By adopting the resolution, the Council declares its intent to
reimburse costs associated with the various capital projects planned
for issuance in FY 2023 and FY 2024.
6. Approve a Regional Bus Procurement Interlocal [22-0639]
Agreement (ILA).
By adopting the resolution, the Council authorizes the Town Manager
to execute an Interlocal Agreement among Research Triangle
Regional Public Transportation Authority, City of Durham, and Town
of Chapel Hill for the Procurement of Buses, Bus Equipment and
parts.
7. Amend Chapter 2 Town Code of Ordinances to Modify [22-0640]
the Cultural Arts Commission Membership.
By enacting the ordinance, the Council amends Chapter 2 Town Code
of Ordinances to modify the Cultural Arts Commission membership.
8. Amend the Personnel Ordinance to Add Time Limited [22-0641]
to Categories of Town Positions and Related Employee
Benefits.
By enacting the ordinance, the Council amends the Personnel
Ordinance to add Time Limited to categories of Town Positions and
related employee benefits.
9. Approve Chapel Hill Transit’s Title VI Program. [22-0642]
By adopting the resolution, the Council approves Chapel Hill
Transit’s 2022 Title Vi Plan Update and authorizes submission to the
FTA.
10. Amend the Advisory Board Membership Policy to [22-0643]
Require an Application for Appointment.
By adopting the resolution, the Council amends the Advisory Board
Membership Policy to require an application for appointment.
11. Approve the Council Naming Committee [22-0644]
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Recommendation to Install a Plaque Honoring Chapel
Hill-Carrboro NAACP Founding Day at the Hargraves
Community Center.
By adopting the resolution, the Council authorizes the Town Manager
to proceed with the design, manufacture, and installation of a
plaque that honors the Chapel Hill-Carrboro NAACP Founding Day.
12. Continue the Legislative Hearing and Defer [22-0645]
Considering an Amendment to the Chapel Hill Zoning
Atlas for 101 East Rosemary Street Conditional Zoning
Application to a Date Uncertain.
By adopting the resolution, the Council continue the Legislative
Hearing for 101 East Rosemary Street and defer consideration of this
item to a date to be determined and noticed.
13. Call a Public Hearing for a Time Extension to Issue [22-0646]
2015 General Obligation (G.O.) Bonds for October 12,
2022.
By adopting the resolution, the Council:
1) Calls a public hearing to extend the time for the Town to issue
the general obligation bonds originally authorized in 2015; and
2) Authorizes the Town Manager, Finance Officer, and other Town
representatives to take all appropriate action toward carrying
out the purposes of this resolution.
14. Call a Legislative Hearing for Land Use Management [22-0647]
Ordinance Text Amendments - Proposed Changes to
Articles 3, 5, 6, and Appendix A Related to Housing
Regulations on October 19, 2022.
By adopting the resolution, the Council calls a Legislative Hearing
for Consideration of Land Use Management Ordinance Text
Amendments regarding Housing Regulations on October 19, 2022.
15. Call a Legislative Hearing for Land Use Management [22-0648]
Ordinance Text Amendments - Proposed Changes to
Articles 3, 4, and 5 Related to a Community Priority
Review Process for Affordable Housing on October 19,
2022.
By adopting the resolution, the Council calls a Legislative Hearing on
October 19, 2022, for consideration of a Land Use Management
Ordinance text amendment regarding a community priority review
process for affordable housing applications.
16. Adopt Minutes from October 20, 2021, and November [22-0649]
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Town Council Meeting Agenda September 14, 2022
10, 2021, and December 1 and 8, 2021, and January
5, 12, and 26, 2022 Meetings.
By adopting the resolution, the Council approves the summary
minutes of past meetings which serve as official records of the
meetings.
16.1 Approve a Contract Amendment for a Planning [22-0659]
Systems Evaluation. (added 9/13/22)
By adopting the resolution, the Council amends the existing contract
with The Keesmaat Group to oversee and conduct the Planning
Systems Evaluation.
INFORMATION
17. Receive Upcoming Public Hearing Items and Petition [22-0650]
Status List.
By accepting the report, the Council acknowledges receipt of the
Scheduled Public Hearings and Status of Petitions to Council lists.
DISCUSSION
18. Approve Council Naming Committee Recommendation [22-0651]
to Name the Northside Gym at Hargraves Community
Center for Nate Davis and the Indoor Basketball Court
at Hargraves Community Center for Fred Battle.
PRESENTER: John French, Recreation Supervisor Hargraves
Community Center
Susan Brown, Library Director
RECOMMENDATION: That the Council authorize the Town Manager to
proceed with naming the Northside Gym at Hargraves Community
Center for Nate Davis and naming the indoor basketball court at
Hargraves Community Center for Fred Battle.
19. Open the Public Hearing and Consider Action on a [22-0652]
Petition to Annex Property at 2200 Eubanks Road.
PRESENTER: Anya Grahn, Principal Planner
a. Introduction and recommendation
b. Mayor and Town Council discussion
c. Motion to enact the ordinance to annex the property
RECOMMENDATION: That the Council enact Ordinance A to annex the
property with an effective annexation of 11:59pm on September 14,
2022.
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20. Open the Public Hearing and Consider Action on a [22-0653]
Petition to Annex Property at 7300 Millhouse Road.
PRESENTER: Corey Liles, Planning Manager
a. Introduction and recommendation
b. Mayor and Town Council discussion
c. Motion to enact the ordinance to annex the property
RECOMMENDATION: That the Council enact Ordinance A to annex the
property with an effective annexation of 11:59 p.m. on September
14, 2022.
ZONING ATLAS AMENDMENT(S)
Zoning Atlas Amendment: The Zoning Atlas Amendment, to change the
zoning designation on this property, is Legislative. The Council receives and
considers public comment on the merits of the proposed rezoning, including
opinions, when making Legislative decisions.
21. Open the Legislative Hearing: Conditional Zoning [22-0654]
Application for Stanat’s Place at 2516 Homestead
Road.
PRESENTER: Anya Grahn, Principal 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. Recommendations of other boards and commissions
f. Comments from the public
g. Comments and questions from the Mayor and Town Council
h. Referral to the Manager and Attorney
i. Motion to continue the hearing and consider enacting the
ordinance to approve the Conditional Zoning application on
October 12, 2022.
RECOMMENDATION: That the Council open the legislative hearing
and receive comments on the proposed Conditional Rezoning. That
the Council then make a motion to schedule approving the proposed
Conditional Rezoning application for October 12, 2022.
CONCEPT PLAN REVIEW(S)
Concept Plans: Presentations for Concept Plans will be limited to 15 minutes.
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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.
22. Concept Plan Review: White Oak Drive Multifamily, 11 [22-0655]
N. White Oak Drive.
PRESENTER: Corey Liles, Planning Manager
a. Review of process
b. Presentation by the applicant
c. Comments from the Advisory Boards
d. Comments from the Town’s Urban Designer
e. Comments from the public
f. Comments and questions from the Mayor and Town Council
g. Motion to adopt a resolution transmitting Council comments to
the applicant.
RECOMMENDATION: That the Council adopt the resolution
transmitting comments to the applicant.
23. Concept Plan Review: Gateway, E. Lakeview Drive. [22-0656]
PRESENTER: Corey Liles, Planning Manager
a. Review of process
b. Presentation by the applicant
c. Comments from the Advisory Boards
d. Comments from the Town’s Urban Designer
e. Comments from the public
f. Comments and questions from the Mayor and Town Council
g. Motion to adopt a resolution transmitting Council comments to
the applicant.
RECOMMENDATION: That the Council adopt the resolution
transmitting comments to the applicant.
APPOINTMENTS
24. Appointments to the Community Policing Advisory [22-0657]
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Committee.
REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT,
PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS
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