Town Council
Regular MeetingChapel Hill, NC · October 19, 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, October 19, 2022 7:00 PM RM 110 | Council Chamber
Language Access Statement
In-Person Meeting Notification
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Please participate in a voluntary demographic survey
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• Parking is available at Town Hall lots and the lot at Stephens Street and Martin
Luther King Jr. Boulevard.
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• Town Hall is served by NS route and T route, and GoTriangle Routes of Chapel
Hill Transit.
Entry and COVID-19 Protocols
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Town Council Meeting Minutes - Final October 19, 2022
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headache, muscle pain
• Attendees are encouraged to wear masks in the building and may sit physically
distanced. Please do not sit in blocked chairs.
• Hand sanitizer is located near the main doors.
ROLL CALL
Present: 9 - Mayor Pam Hemminger, Mayor pro tem Karen Stegman,
Council Member Jessica Anderson, Council Member Camille
Berry, Council Member Paris Miller-Foushee, Council
Member Tai Huynh, Council Member Michael Parker,
Council Member Amy Ryan, 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, Affordable Housing and Community Connections Director Sarah Viñas, Parks
and Recreation Planner Marcia Purvis, Parks and Recreation Director Phil Fleischmann, Senior Planner
Tas Lagoo, Planning Manager Corey Liles, Affordable Housing Development Officer Emily Holt, Police
Officer Andrew Smith, Fire Marshal Justin Matthews, Communications Manager Ran Northam, and
Deputy Town Clerk Amy Harvey.
OPENING
Mayor Hemminger called the meeting to order at 7:00 p.m. and reviewed the
agenda.
0.01 Proclamation: Neal and Jeanette Bench. [22-0803]
Mayor Hemminger read a proclamation recognizing Neal and Jeannette
Bench for their service to the Town as advocates for parks, greenways,
recreation and sustainable practices. The couple had founded and
organized an "Adopt a Trail" program and had been instrumental in
securing funding for several healthy lifestyle initiatives, she said. The
Mayor said that she and the Council were extremely grateful for all of their
work.
Jeanette Bench thanked Town staff and the many volunteers who had
helped out and emphasized the importance of teamwork. Neal Bench
thanked Parks and Recreation Department members in particular. None of
the work would have happened without their help, he said, noting that the
team effort included the Mayor and several Council Members as well.
0.02 Proclamation: OMBUDS Month. [22-0804]
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Town Council Meeting Minutes - Final October 19, 2022
Council Member Ryan read a proclamation recognizing members of the
University of North Carolina at Chapel Hill (UNC) and Town ombuds offices
and designating October 2022 as OMBUDS Month in Chapel Hill. The
proclamation explained that both offices had designated officials who
assist citizens with complaints or problems with government. Chapel Hill
was fortunate to have nationally renowned ombuds offices at both
locations and the Council wanted to thank them for their commitment to
the community and its values, Council Member Ryan she said.
ANNOUNCEMENTS BY COUNCIL MEMBERS
0.03 Mayor Hemminger Regarding Leave Your Leaves. [22-0805]
Mayor Hemminger pointed out the environmental benefits of leaving fallen
leaves on the ground even though the Town would continue to collect
them. More information about the value of "leaving the leaves" was on
the Town website, she said.
0.04 Mayor Hemminger Regarding Upcoming Public Information [22-0806]
Meetings.
Mayor Hemminger said that a meeting on October 24th would address a
Starpoint project proposed at 1950 U.S. Highway 15-501. Another
meeting on October 26th would cover the proposed Barbee Chapel Hill
Apartments, she said. She noted that both meetings would be virtual and
would begin at 5:15 p.m.
Mayor Hemminger said that the Council's next business meeting would be
held at Town Hall on November 2, 2022. An extra Council work session
probably would be required on November 30th, she said.
0.05 Council Member Miller-Foushee Regarding Chapel [22-0807]
Hill-Carrboro NAACP's 75th Anniversary.
Council Member Miller-Foushee said that the Chapel Hill-Carrboro NAACP
was in the midst of celebrating its 75th anniversary. She described some
of the recent and upcoming activities and thanked Town staff for their
assistance. She thanked Transit Director Brian Litchfield, in particular, for
providing buses for some activities.
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;
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Town Council Meeting Minutes - Final October 19, 2022
referral to another board or committee for study and report; referral to the Town
Manager for investigation and report; receive for information. See the Status of
Petitions to Council webpage to track the petition. Receiving or referring of a
petition does not constitute approval, agreement, or consent.
0.06 Deon Temne Request for Sidewalks at Northside [22-0808]
Elementary School.
Deon Temne, a Chapel Hill resident, requested school zone signs for
Northside Elementary School, which he said had none despite being in
that location for 10 years. Then, speaking as Chapel Hill-Carrboro City
School Board chair, he thanked the Council and the Chapel Hill Police
Department for being responsive to the Northside district.
Mayor Hemminger recommended that Mr. Temne's request be logged in as
a petition and referred to the Mayor and Manager.
This matter was read into the record
0.07 Ira Hargraves Regarding Northside. [22-0809]
Northside resident Ira Hargraves-El said that everyone in his neighborhood
should be included in potential building name changes.
This matter was read into the record
0.08 Kelvin Hargraves Request for Name Change to Hargraves [22-0810]
Center Gym.
Northside resident Kelvin Hargraves expressed concern about the lack of
public discussion regarding a name for the Hargraves Center Gym. There
had not been an opportunity for those who had grown up in the
neighborhood to vote on that change, he said.
Mayor Hemminger assured both Ira and Kelvin Hargraves that their
concern would be addressed, and Council Member Anderson asked that the
petition be moved quickly.
This matter was read into the record.
A motion was made by Council Member Anderson, seconded by Council
Member Huynh, that the petitions be received and referred to the Town
Manager and Mayor. The motion carried by a unanimous vote.
CONSENT
Items of a routine nature will be placed on the Consent Agenda to be voted on in a
block. Any item may be removed from the Consent Agenda by request of the Mayor
or any Council Member.
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Town Council Meeting Minutes - Final October 19, 2022
Approval of the Consent Agenda
A motion was made by Council Member Huynh, seconded by Council Member
Ryan, that R-1 be adopted, which approved the Consent Agenda. The motion
carried by a unanimous vote.
1. Approve all Consent Agenda Items. [22-0777]
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
2. Adopt a Resolution Supporting the Cedar Falls Park Tennis [22-0778]
Court Renovation Project Grant Application to North Carolina
Parks and Recreation Trust Fund Accessibility for Parks
Program.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
3. Authorize Acceptance of Donation of Two Vans to Support [22-0779]
Programming at Hargraves Community Center.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
4. Adopt Minutes from May 4, 11, 18, 19, and 25, 2022 and June 1, [22-0780]
15, and 21, 2022 Meetings.
This resolution(s) and/or ordinance(s) was adopted and/or enacted.
INFORMATION
5. Receive Upcoming Public Hearing Items and Petition Status [22-0781]
List.
This item was received as presented.
DISCUSSION
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.
6. Close the Legislative Hearing and Consider an Application for [22-0782]
Conditional Zoning for 710 North Estes Drive Townhomes from
Residential-2 (R-2) to Residential-5-Conditional Zoning District
(R-5-CZD).
Planning Manager Corey Liles presented a rezoning application for 107
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Town Council Meeting Minutes - Final October 19, 2022
townhomes and multi-family units on an eight-acre wooded and vacant
site that was currently zoned Residential 1. The applicant was requesting
a rezoning to Residential-5-Conditional Zoning District as well as
modifications to the floor area maximum, perimeter buffers, and allowable
amount of steep slope disturbance, he said. He recommended that the
Council adopt Resolution 5 and enact Ordinance 1, which would approve
the rezoning.
Mr. Liles discussed updates to the plan, most of which were in response to
the Council's previous comments. He said that the total number of units
had been increased from 95 to 107 and that 12 more affordable units had
been added to the plan. He described a possible connection to the nearby
Aura project and noted the applicant's proposal to construct a side-path
along its portion of Estes Drive. He said that the applicant had agreed to
make payments for transit improvements and traffic signals in the area.
Mr. Liles pointed out that eight additional guest parking spaces had been
included in the plan. He said that staff had drafted a cross-access
easement with the Aura property and was discussing that with Aura's
developer. He summarized the applicant's plans for all-electric
appliances, EV charging stations, tree preservation, and ADA access. The
applicant had agreed to a wider buffer and pitched roofs on units that
were close to another neighborhood, he said.
Applicant David Gorman, a partner at Lock7 Development, provided
additional information and details on the changes that Mr. Liles had
outlined. He said that Lock7 had submitted a document that showed how
its stormwater runoff would go towards its own site or to an emergency
run off that would take it away from neighboring property.
Mayor Hemminger thanked the applicant for increasing the length of its
stormwater protection guarantee, and she confirmed that staff had been
working with a consultant on changes to the Town's land Use Management
Ordinance (LUMO) regarding stormwater regulations. Director of Planning
Colleen Wilger said that she hoped to provide the Council with a timeline
for that project in November.
Mayor Hemminger confirmed with staff that the language regarding
short-term rentals was accurate. She and Council Member Searing verified
that a proposed 10-foot buffer would be in addition to a Duke Power
easement, making it extend to more than 100 feet from neighbors. The
Mayor inquired about having the applicant pay into the Town's Estes Drive
project rather than making its own side-path improvements, and Ms.
Wilger agreed to look into that.
The Council confirmed with the applicant that a ramp would provide bicycle
access from Estes Drive. Council Member Ryan asked staff to continue
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looking into the possibility of having additional parking on Somerset Drive.
Council Members thanked the applicant for working with neighbors, for
being responsive to the Council, and for trying to meet the Town's goals
by increasing density and the number of affordable units. Mayor
Hemminger thanked both the applicant and Town staff for doing a good
job of balancing conflicting feedback.
A motion was made by Council Member Anderson, seconded by Council
Member Huynh, that the Council close the public hearing. The motion carried
by a unanimous vote.
A motion was made by Council Member Anderson, seconded by Council
Member Huynh, that the Council adopt R-5. The motion carried by a
unanimous vote.
A motion was made by Council Member Anderson, seconded by Council
Member Berry, that the Council enact O-1 as amended. The motion carried by
a unanimous vote.
7. Open the Legislative Hearing: Conditional Zoning Application for [22-0783]
Aspen Chapel Hill - Student Housing at 701 Martin Luther King
Jr Blvd.
Mr. Liles presented a Conditional Zoning application for Aspen Chapel Hill,
an approximate two-acre, two-parcel site at the northwest corner of Martin
Luther King Jr. Boulevard (MLK) and Longview Street. One parcel was
currently zoned Residential 3, and the other was zoned Neighborhood
Commercial, and the applicant was proposing to rezone both to
Residential-6/Conditional Zoning District, he said. He pointed out that
the Council had seen the concept plan in May 2021.
Mr. Liles said that the site currently contained an auto shop and two
unoccupied single-family homes. The applicant was proposing to replace
both parcels with a multi-family student housing project that would
contain up to 112 units, he said. He pointed out that the Town's Future
Land Use Map (FLUM) identified multifamily as a primary land use for that
location. The FLUM also called for an activated street frontage and a
typical height of four stories at the street with a step-up to eight stories,
he said.
Mr. Liles showed the site plan and indicated where access and lower-level
parking would be located. He showed a courtyard area that would include
recreation space. He said that the applicant was proposing 14 affordable
units (or a $1 million payment-in-lieu) even though the Town's ordinance
did not require that. The applicant had also agreed to pay $100,000 for
bus rapid transit improvements, he said.
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Mr. Liles explained that the applicant's request for modifications to
Resource Conservation District (RCD) regulations was to enable them to
cross an intermittent stream. The applicant was also requesting
modifications regarding density, height, street setback, maximum floor
area, parking requirements, and steep slopes, he said. He noted that all
of the Town's advisory boards had recommended approval and proposed
that the Council open the legislative hearing, provide comments, and
continue the hearing to December 27, 2022.
David Helfrich, representing Aspen Heights Partners (AHP), provided
background information on his firm, a multi-family developer based in
Austin Texas. He said that AHP had begun engaging with neighbors and
staff regarding Aspen Chapel Hill in October 2020.
Jessica Hardesty, a planner with McAdams Group, repeated much of what
Mr. Liles had said and pointed out that the proximity to UNC made the
site an ideal location for student housing. She said that the proposed
rezoning would allow a maximum of 112 units and 50 percent impervious
surface. She pointed out that the plan included 8,000 square feet of
recreation space and 14 affordable units. The developer would seek
National Green Building Standard silver (or a comparable certification) and
would contribute $100,000 towards a multi-use path along MLK, she said.
Ms. Hardesty explained how AHP had responded to feedback by stepping
the top floor back, removing a level of parking, and improving and
activating the streetscape. They were providing two options for affordable
housing and had significantly reduced the amount of parking, she pointed
out. She said that some RCD disturbance was necessary to allow for
pedestrian access from MLK but that the project would improve the RCD's
overall condition. Town Urban Designer Brian Peterson had participated in
developing a proposed plaza area at the front of the site, she pointed out.
Ms. Hardesty showed renderings and aerial views of the site and
discussed its proximity to nearby neighborhoods. She said that the
project would be in accord with the Town's Climate Action Response Plan
and that AHP intended to work through the Brownfields Program, since the
existing site was an auto shop. She showed where the affordable units
would be grouped together along the RCD. Those units would be more
like conventional apartments and would be closer to amenities and less
noisy than the students' areas, she said.
Mr. Helfrich stated that UNC had a current deficit of approximately 7,000
beds for its full-time, undergraduate students. That deficit had caused
students to occupy conventional housing throughout Town and clearly
demonstrated the need for additional student housing in Chapel Hill, he
said. He pointed out that the Town's Complete Community Plan and other
sources had identified a need for many thousands of new units over the
next decade.
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Council Member Ryan stated that the Town needed 45 new student
housing units per year, and she confirmed with Mayor Hemminger that 100
four-bedroom units would soon be available at Amity Station. Council
Member Parker verified that the proposed project envisioned providing
close to 300 beds, which included those in the affordable units.
Council Member Anderson said that the Council had previously stated that
it did not want student housing at that location even though the FLUM
designated the area for that purpose. She ascertained from Ms. Wilger
that staff had discussed that with the AHP. Ms. Wilger said that staff had
suggested that the applicant talk with UNC and continue working with the
Council and advisory boards if they wanted to pursue the current plan.
Council Member Anderson confirmed with Ms. Wilger that optimum density
for transit-oriented development was between 20-40 units per acre, but
that there was no Council-approved threshold. The Aspen Chapel Hill
proposal had been measured at 61 units per acre, Ms. Wilger said.
Council Member Huynh ascertained from Mr. Helfrich that purpose-built
student housing made up about 65 percent of AHP's portfolio. The firm
had begun as a student housing developer but had been doing more
conventional market-rate projects in the last seven years, Mr. Helfrich
said.
The Council confirmed the proposed amenities were intended for residents
only. They ascertained that not building in the RCD would create issues
regarding access from MLK. Mayor Hemminger asked if the applicant
would consider renting only to those who were 21 and older, and Mr.
Helfrich asked if that could include those who would turn 21 during their
lease.
Delores Bailey, executive director of EmPOWERment, Inc., said that the
Town needed affordable housing for low-income residents, not student
housing. She asked Council Members to think about how affordable and
for-profit providers might work together to create rental units for families
earning 30 percent of the area median income (AMI).
Council Members Anderson and Miller-Foushee said that the Council had
been clear at the concept plan stage that it was not interested in seeing
student housing at that location. Council Member Miller-Foushee
expressed disappointment that the applicant had not heard those
comments.
The Council said that it was fine with the proposed density but there was
a mixture of responses to the plan for student housing. Council Members
Ryan, Anderson and Huynh spoke about the opportunity cost of building
student housing in an area where workforce housing was what the Council
wanted. Council Member Parker said he was not against student housing
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Town Council Meeting Minutes - Final October 19, 2022
per se but wanted full-time workforce housing at that location.
Council Member Ryan said that purpose-built student housing on the site
was a no-go for her, and Council Member Huynh said that student housing
there did not align with his vision for expanding Downtown up MLK and
bringing jobs to that area. Council Member Searing expressed concern
about encroachment into the RCD and the request to double the allowable
steep slope disturbance. He agreed with others that the site was a great
location for workforce housing and said that the project probably needed
to be modified.
Council Member Miller Foushee said that she was undecided but preferred
to see workforce housing at the location. Council Member Berry said that
the Town needed both student and affordable housing, so she could not
say that she was against either. Mayor pro tem Stegman said she
preferred non-student housing in general but that the location was at the
dividing line between downtown and not downtown.
Council Member Parker expressed concern about the affordable housing
units being apart from the others. Mayor pro tem Stegman said that she
would be more comfortable with the project if it provided more community
benefits. Council Members Huynh and Parker suggested providing broader
community access to amenities as well.
The Council emphasized the need for the Town and UNC to work in
partnership regarding student housing. Council Member Ryan noted that a
consultant had recommended that the Town help UNC with housing
students on land that it owns in Town.
Council Members Huynh and Miller-Foushee expressed skepticism that the
proposed development would attract students who prefer to live in Town
neighborhoods, and Mayor Hemminger agreed. There was proof that
building student-focused living arrangements pulled students off campus
but did not pull them out of the Northside Neighborhood, she said.
Mayor Hemminger said that she agreed with many of the Council's
comments but thought that adding a "21 and up" stipulation would
address some concerns. She pointed out that some projects offer
community members who live nearby memberships to amenities, such as a
pool or gym. She was not as worried about density as she was about the
overall philosophy of where the Town was headed with regard to housing
in general, she said.
Ms. Hardesty replied that AHP had not received negative feedback from
the Council regarding student housing during the concept plan phase
about 1.5-years prior. She proposed that Council Members might be
thinking about another project that had been before them about six
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months ago. She said that she was hearing conflicting comments from
the Council regarding density, and she pointed out that the Town had just
approved a project that had a greater steep slope modification. Only a
very small project could be built on the site without that modification, she
said.
Ms. Hardesty asked the Council for ideas regarding community benefits,
and the Mayor proposed offering recreational and public gathering spaces,
and perhaps making space available for meetings and other public
activities. The goal would be to make something that would be good for
the community, not just those who live in the building, she said.
Council Member Ryan stated that adding community benefits would not
resolve the central issue that she had with the project, however.
A motion was made by Council Member Anderson, seconded by Council
Member Berry, that the Council continued the Legislative Hearing to
December 7, 2022. The motion carried by a unanimous vote.
8. Open the Legislative Hearing for Conditional Zoning [22-0784]
Modification - 800 S. Merritt Mill Road Residential-Special
Standards-Conditional Zoning District (R-SS-CZD)
Assistant Planning Director Judy Johnson gave a brief PowerPoint
presentation on a petition from CASA regarding a project located on the
Chapel Hill/Carrboro line. Both towns had received the petition in
September 2022 and Carrboro had already heard it and continued its
discussion to November, she said.
Ms. Johnson outlined the request to remove a stipulation regarding curb
and gutter and modify another stipulation regarding sidewalk and bike
improvements in CASA's 2018 special use permit. Making those changes
would save the applicant more than $200,000, she said, and she noted
that the Planning Commission had voted for approval. She recommended
that the Council open the legislative hearing, receive public comments,
and continue the hearing to November 2, 2022.
A motion was made by Mayor pro tem Stegman, seconded by Council
Member Berry, that the Council continued the Legislative Hearing to
November 2, 2022. The motion carried by a unanimous vote.
LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENT
9. Open the Legislative Hearing for a Land Use Management [22-0785]
Ordinance Text Amendment - Proposed Changes to Articles 3,
4, 5, and Appendix A Related to a Community Priority Process
for Affordable Housing Development Review.
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Director of Affordable Housing and Community Connections Sara Viñas
provided background information on a September 2021 petition from
several Council members. The petition had asked staff to explore
strategies for promoting affordable housing (AH) and missing middle
housing and for expediting those review processes, she said.
Ms. Viñas discussed how the current complex process had limited the
production and supply of AH, restricted the Town's ability to meet funding
deadlines, and prevented some developers from doing business in Town.
After robust research and stakeholder engagement, staff had created a set
of LUMO text amendments, which the Planning Commission had
unanimously recommended for adoption, she said.
Mr. Liles presented additional information about the process and said that
an array of AH providers, market rate developers and others had
participated and provided feedback. He described how staff had reached
out to the cities of Durham and Raleigh to learn more about their
processes. He said that both the Housing Advisory Board and the
Planning Commission supported the proposal and text amendments that
staff was about to present.
Senior Planner Tas Lagoo proposed two new LUMO text amendments
(TAs): a Residential Community Priority Conditional Zoning District
(R-CP-CZD); and a Community Priority Process for Affordable Housing
(CCP-AH). He explained key aspects of each TA and described how they
would simplify the process. He said that the TAs would exempt eligible
concept plans from all but Planning Commission review and allow
applicants to engage in a process with staff instead.
Mr. Lagoo explained that the TAs would also exempt eligible applications
from Community Design Commission review of final plans and would
authorize staff to approve minor modifications. A design review team
would include staff liaisons to key advisory boards, so those interests
would be well represented, he said.
Mr. Lagoo said that R-CP-CZD would require projects to come in with 30
percent of their rental units affordable at 60 percent of AMI for 30 years.
The for-sale units’ requirement would be 30 percent affordable at 80
percent of AMI for 99 years, he said. He discussed a list of allowed uses
and proposed design and development standards and explained the
rationale behind those.
Mr. Lagoo said that CCP-AH would exempt eligible applications from
concept plan review, simplify the level of staff review, and simplify the
application. By eliminating most advisory board review, the Council would
have the opportunity to hold a legislative hearing and vote in the same
night, he pointed out.
Mr. Lagoo reviewed Planning Commission comments and pointed out that
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it had unanimously recommended approval. He recommended that the
Council open the legislative hearing, receive public input, and continue the
hearing to November 16, 2022.
In response to questions from Council Member Anderson, Mr. Liles offered
to look into possible mechanisms for affordable rents on commercial space
and home business opportunities. Council Member Anderson said she
wondered if there might be a way to integrate those uses without undoing
the original intent of simplifying the process.
Council Member Ryan confirmed with Mr. Lagoo that community
notification and public information meetings regarding rezoning
applications would still be required but that staff hoped to also use digital
tools in order to reach a broader audience. Staff had also been
contemplating having applicants provide a public engagement plan, said
Mr. Lagoo.
Council Member Ryan proposed that staff think about limiting project size
in case UNC, for example, wanted to apply the new TAs to its 75 acres at
Carolina North.
Several Council Members proposed eliminating parking minimums
altogether, but Mr. Lagoo pointed out that other agencies, such as HUD,
had minimum requirements that would affect that.
Council Member Searing asked if advisory boards other than the Planning
Commission and the Housing Advisory Board had seen the TAs, and Ms.
Wilger replied that staff had requested feedback from the boards that
were part of the development review process. She pointed out that,
legally, a TA was only required to go to the Planning Commission and the
Council.
Council Member Huynh confirmed with Mr. Lagoo that the Town's Light
Industrial Conditional Zoning District had been the precedent for the
proposal to give staff authority to approve minor modifications.
Mayor pro tem Stegman asked about balancing public engagement and
timeliness, and Mr. Lagoo replied that those details were still being
worked. However, staff would not design public engagement requirements
that would burden AH developers, he said.
Daniele Berman, Marketing and Communications Manager at Community
Home Trust, described the difficulties of the current, long approval process
and said that the TAs would balance the scale.
Kimberly Sanchez, Executive Director at Community Home Trust, explained
how a recent process for an affordable development on Jay Street
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Apartments had been cumbersome, expensive, and unnecessarily delayed
by the concept plan and advisory board review processes. She pointed out
how such delays add to development costs.
Geoff Green, an AH advocate, agreed with Ms. Sanchez's comments and
said that he hoped the LUMO rewrite would address other issues with the
Town's development process.
Dotty Foley, co-founder of HOPE (Housing Options for People with
Exceptionalities) North Carolina, said that 90 percent of those with
disabilities were currently living in group homes or with their families
because Supplemental Security Income was not sufficient to pay Chapel
Hill rents. Moving the TAs forward would be a huge help to those who
were waiting for affordable housing, she said.
Delores Bailey said that EmPOWERment's PEACH Apartments project had
benefited from expedited review and that she absolutely supported the
proposed TAs.
Martin Johnson, a NEXT board member, praised staff for quickly moving
the process forward and said that his faith in government had been
renewed. The TAs would empower local builders who want to create AH
and would send a message that the Town really cared about that, he said.
Sue Hunter, Housing Advisory Board (HAB) chair, thanked the Council
Members who had filed the petitioned and thanked Mr. Lagoo, in
particular, for his work on it. She said that the HAB fully supported
eliminating advisory board review of qualifying projects and focusing that
role on the Planning Commission. She proposed that the Council consider
incentivizing projects that serve households that made less than 30
percent AMI.
All Council Members expressed enthusiasm for the proposed TAs and
praised staff for their excellent work and clear presentation. They
proposed setting a timeline for coming back to Council for evaluation, and
some suggested having an annual review. Council Member Parker
recommended making an effort to apply the same ideas to the Town's
overall development review process.
Several Council Members spoke in favor of eliminating parking minimums
altogether, but Council Member Ryan wondered about the possible
neighborhood impacts and Mayor Hemminger said that she would leave
that issue to the experts. Most Council Members spoke in favor of giving
staff the authority to approve minor modifications. Council Member Ryan
emphasized the importance of having the Town's urban designer included
in design review.
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Town Council Meeting Minutes - Final October 19, 2022
Council Member Searing said that he did not like eliminating advisory
board review. Council Member Berry pointed out that the Planning
Commission was comprised of people who sat on other boards as well. So
those interests and concerns were already well represented, she said.
Council Member Ryan recommended that staff be "a little more aggressive
and improve upon" its proposal for 30 percent AMI on rentals and 80
percent AMI on for sale units.
Mayor Hemminger thanked staff and the Affordable Housing Coalition for
working together to create a thoughtful process that included a pilot
project. She praised Ms. Wilger for jumping right in when she first joined
the Town during COVID-19 and immediately tackled several large Town
initiatives. "You are going to be missed...Thank you," Mayor Hemminger
said, and the Council gave Ms. Wilger a round of applause.
A motion was made by Council Member Berry, seconded by Council Member
Huynh, that the Council continued the Legislative Hearing to November 16,
2022. The motion carried by a unanimous vote.
APPOINTMENTS
10. Appointments to the Chapel Hill Public Library Advisory Board. [22-0786]
The Council appointed Patrick Gunsch and Kulwadee Yung to the Chapel Hill
Public Library Advisory Board.
11. Appointments to the Housing Advisory Board. [22-0787]
The Council appointed Anthony Williams to the Housing Advisory Board.
The Council seeks applicants for the Non-Profit Housing
Provider/Professional seat category.
ADJOURNMENT
This meeting was adjourned at 10:09 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 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, October 19, 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. 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.
Parking
• Parking is available at Town Hall lots and the lot at Stephens Street and
Martin Luther King Jr. Boulevard.
• See http://www.parkonthehill.com for other public lots on Rosemary Street
• Town Hall is served by NS route and T route, and GoTriangle Routes of
Chapel Hill Transit.
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Town Council Meeting Agenda October 19, 2022
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
• Attendees are encouraged to wear masks in the building and may sit
physically distanced. Please do not sit in blocked chairs.
• Hand sanitizer is located near the main doors.
ROLL CALL
OPENING
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
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.
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.
1. Approve all Consent Agenda Items. [22-0777]
By adopting the resolution, the Council can approve various
resolutions and ordinances all at once without voting on each
resolution or ordinance separately.
2. Adopt a Resolution Supporting the Cedar Falls Park [22-0778]
Tennis Court Renovation Project Grant Application to
North Carolina Parks and Recreation Trust Fund
Accessibility for Parks Program.
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Town Council Meeting Agenda October 19, 2022
By adopting the resolution, the Council approves the application to
the North Carolina Parks and Recreation Trust Fund For Accessibility
For Parks Grant in the amount of $500,000.
3. Authorize Acceptance of Donation of Two Vans to [22-0779]
Support Programming at Hargraves Community
Center.
By adopting the resolution, the Council agrees to accept the
donation and authorizes the Town Manager or his designee to work
with the donor to finalize the related Memorandum of
Understanding.
4. Adopt Minutes from May 4, 11, 18, 19, and 25, 2022 [22-0780]
and June 1, 15, and 21, 2022 Meetings.
By adopting the resolution, the Council approves the summary
minutes of past meetings which serve as official records of the
meetings.
INFORMATION
5. Receive Upcoming Public Hearing Items and Petition [22-0781]
Status List.
By accepting the report, the Council acknowledges receipt of the
Scheduled Public Hearings and Status of Petitions to Council lists.
DISCUSSION
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.
6. Close the Legislative Hearing and Consider an [22-0782]
Application for Conditional Zoning for 710 North Estes
Drive Townhomes from Residential-2 (R-2) to
Residential-5-Conditional Zoning District (R-5-CZD).
PRESENTER: Corey Liles, Planning Manager
a. Without objection, the revised report and any other materials
submitted at the hearing for consideration by the Council will
be entered into the record.
b. Introduction and revised recommendation
c. Presentation by the applicant
d. Comments from the public
e. Comments and questions from the Mayor and Town Council
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Town Council Meeting Agenda October 19, 2022
f. Motion to close the Legislative Hearing
g. Motion to adopt the Resolution of Consistency and
Reasonableness with the Comprehensive Plan
h. Motion to enact an Ordinance to rezone the property
RECOMMENDATION: That the Council adopt Resolution A and enact
Ordinance A, approving the Conditional Zoning Application.
7. Open the Legislative Hearing: Conditional Zoning [22-0783]
Application for Aspen Chapel Hill - Student Housing at
701 Martin Luther King Jr Blvd.
PRESENTER: Corey Liles, Planning Manager
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 to December 7, 2022.
RECOMMENDATION: That the Council open the legislative hearing
and receive comments on the proposed Conditional Zoning. That the
Council then make a motion to schedule action on the proposed
Conditional Zoning application for December 7, 2022.
8. Open the Legislative Hearing for Conditional Zoning [22-0784]
Modification - 800 S. Merritt Mill Road
Residential-Special Standards-Conditional Zoning
District (R-SS-CZD)
PRESENTER: Judy Johnson, Assistant Planning Director
a. Without objection, the preliminary report and any other
materials submitted at the hearing for consideration by the
Council will be entered into the record
b. Introduction and preliminary recommendation
c. Presentation by the applicant
d. Recommendations of the Planning Commission
e. Comments from the public
f. Comments and questions from the Mayor and Town Council
g. Referral to the Manager and Attorney
h. Motion to continue the hearing to November 2, 2022.
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Town Council Meeting Agenda October 19, 2022
RECOMMENDATION: That the Council open the legislative hearing
and receive comments on the proposed Conditional Rezoning. That
the Council then continue the legislative hearing to November 2,
2022.
LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENT
9. Open the Legislative Hearing for a Land Use [22-0785]
Management Ordinance Text Amendment - Proposed
Changes to Articles 3, 4, 5, and Appendix A Related to
a Community Priority Process for Affordable Housing
Development Review.
PRESENTER: Tas Lagoo, Senior 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. Referral to the Manager and Attorney.
f. Motion to recess the Legislative Hearing to November 16,
2022
RECOMMENDATION: That the Council open the legislative hearing for
the text amendment and provide feedback on the draft amendment.
APPOINTMENTS
10. Appointments to the Chapel Hill Public Library [22-0786]
Advisory Board.
11. Appointments to the Housing Advisory Board. [22-0787]
REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT,
PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS
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