Town Council

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Town Council Chapel Hill, NC 27514 Meeting Minutes - Final Mayor Jessica Anderson Council Member Theodore Nollert Mayor pro tem Amy Ryan Council Member Adam Searing Council Member Camille Berry Council Member Elizabeth Sharp Council Member Melissa McCullough Council Member Karen Stegman Council Member Paris Miller-Foushee Wednesday, October 23, 2024 6:00 PM RM 110 | Council Chamber Language Access Statement In-Person Meeting Notification View the Meeting • View and participate in the Council Chamber. • Live stream the meeting - https://chapelhill.legistar.com/Calendar.aspx • Spectrum is replacing 1998 encoder that transmits programming to cable channel 18. It remains offline until complete. • The Town of Chapel Hill wants to know more about who participates in its programs and processes, including Town Council meetings. • Participate in a voluntary demographic survey before viewing online or in person - https://www.townofchapelhill.org/demosurvey 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. Entry and Speakers Page 1 of 11 Town Council Meeting Minutes - Final October 23, 2024 • Entrance on the ground floor. • Sign up at the meeting starting at 5:30 PM with the Town Clerk to speak. • If more than 14 people sign up for an item, Council will reduce speaking time from 3 minutes to 2 min./person. • Please do not bring signs. ROLL CALL Mayor Jessica Anderson called the meeting to order at 6:00 p.m. and reviewed the agenda. Council Member Searing was absent/excused. Present: 8 - Mayor Jessica Anderson, Mayor pro tem Amy Ryan, Council Member Camille Berry, Council Member Paris Miller-Foushee, Council Member Karen Stegman, Council Member Theodore Nollert, Council Member Melissa McCullough, and Council Member Elizabeth Sharp Absent: 1 - Council Member Adam Searing OTHER ATTENDEES Town Manager Chris Blue, Deputy Town Manager Mary Jane Nirdlinger, Deputy Town Manager Loryn Clark, Town Attorney Ann Anderson, Planning Director Britany Waddell, Assistant Planning Director Judy Johnson, Principal Planner Anya Grahn-Federmack, Community Relations Manager Shay Stevens, Police Officer Mister, Planner II Jacob Hunt, Community Sustainability Manager John Richardson, Assistant Town Clerk Brenton Hodge, and Deputy Town Clerk Amy Harvey. OPENING 0.01 Proclamation: Chapel Hill Transit Appreciation. [24-0506] Mayor Anderson read a proclamation that celebrated 50 years of transit service and declared August 2024 to August 2025 to be the Year of Chapel Hill Transit. The proclamation thanked former Mayor Howard Lee for his visionary leadership in founding the system and pointed out that Chapel Hill Transit had become fare free in 2002. A bus rapid transit system was currently being planned, which would reduce traffic and improve sustainability, the Mayor read. Howard Lee received the petition, accompanied by Chapel Hill Transit Director Brian Litchfield. Mr. Lee spoke about the privilege of being able to create something that would last beyond his own lifetime. He expressed gratitude to Mr. Litchfield for transforming Chapel Hill Transit into the most respected system in North Carolina. The idea would not have survived without Council and community support, he said. Mayor Anderson asked Mr. Litchfield to thank the entire Chapel Hill Transit team on behalf of the Council. Page 2 of 11 Town Council Meeting Minutes - Final October 23, 2024 0.02 Mayor Anderson Regarding Cal Horton Service Award [24-0507] Recipient Carla Burnette. Mayor Anderson announced that Carla Burnette, a Technology Solutions Team member, had received the 2024 Cal Horton Service Award for having a positive impact on the organization. Ms. Burnette would be officially recognized on November 14, 2024, Mayor Anderson said. ANNOUNCEMENTS BY COUNCIL MEMBERS 0.03 Mayor Anderson Regarding Bonds. [24-0508] Mayor Anderson pointed out that a series of Town bonds for community projects would be on the November 2024 ballot. The Town had sufficient debt capacity to cover the bond payments and would not need to raise taxes to do so, she pointed out. 0.04 Mayor Anderson Regarding Festifall. [24-0509] Mayor Anderson reminded everyone that Festifall would take place on October 26 and November 2, 2024. 0.05 Mayor Anderson Regarding Committee on Economic [24-0510] Sustainability Meeting. Mayor Anderson pointed out that the Council Committee on Economic Sustainability meeting would begin at 8:00 a.m. on November 1st and would focus on the Downtown area. The public was welcome to attend, she said. PUBLIC COMMENT FOR ITEMS NOT ON PRINTED AGENDA AND PETITIONS FROM THE PUBLIC AND COUNCIL MEMBERS Petitions and other similar requests submitted by the public, whether written or oral, are heard at the beginning of each regular meeting. Except in the case of urgency and unanimous vote of the Council members present, petitions will not be acted upon at the time presented. After receiving a petition, the Council shall, by simple motion, dispose of it as follows: consideration at a future regular Council meeting; referral to another board or committee for study and report; referral to the Town Manager for investigation and report; receive for information. See the Status of Petitions to Council webpage to track the petition. Receiving or referring of a petition does not constitute approval, agreement, or consent. 0.06 Carol Conway Requests Housing for the Intellectually [24-0511] Disabled. Chapel Hill resident Carol Conway told the Council that 500 of the approximate 3,500 intellectually disabled adults of working age in Orange Page 3 of 11 Town Council Meeting Minutes - Final October 23, 2024 County needed appropriate group housing. She petitioned the Council to schedule a presentation on those needs for a future Council meeting. A motion was made by Council Member Berry, seconded by Council Member Miller-Foushee, that the Council received and refer the petition to the Town Manager. The motion carried by a unanimous vote. DISCUSSION 1. Update on Climate Action Implementation. [24-0502] Community Sustainability Manager John Richardson gave a PowerPoint update on staff's Climate Action work since his prior report to the Council in May 2024. He reported that there had been a 23 percent drop in carbon emissions Town-wide between 2017 and 2023. This had been the result of fewer vehicle trips, reduction efforts by UNC and local utilities, the Town's conversion to electric vehicles, and replacement of old street lights with LEDs, he said. Mr. Richardson showed a Community Greenhouse Gas Emissions chart, which indicated that the Town could be ahead of its 2019 goal of 26 to 28 percent reduction by 2025. He discussed electrification projects that were being done or planned with regional partners. He spoke about available federal incentives to support staff's work and said that the Town had applied for Inflation Reduction Act funds, which would reimburse about $85,000 spent on buses in 2023. Mr. Richardson explained that Climate Action projects fell under four main categories: Buildings and Energy; Transportation and Land Use; Waste, Water and Natural Resources; and Resiliency. He mentioned a Sustainable Facilities Study that would determine the solar potential of the Town's largest facilities and a regional Resilience Hubs project that would involve 18 hub locations across 3 counties. Mr. Richardson reported on the Town's Leave Your Leaves program, new EV charging stations, and possibilities for roof-top solar. He said that a waste reduction pilot program at the Chapel Hill Public Library would be expanded to other parts of Town. Council Members confirmed with Mr. Richardson that composting sites would be expanded throughout Town. They talked about the increasing difficulty of reaching greenhouse gas emission goals in the future. They verified that staff intended to learn more about commuting patterns in relation to e-bikes in order to determine the need for charging stations. In response to questions about what would happen if the power went out, Mr. Richardson explained that the goal was not to electrify all vehicles but to reach zero emissions. A future study would look at transitioning the Town's fleet from infrastructure and reliability standpoints, he said. In Page 4 of 11 Town Council Meeting Minutes - Final October 23, 2024 response to questions about areas other than density in the Land Use Management Ordinance where sustainability might be imbedded, Mr. Richardson spoke about stormwater regulations, tree protection, and landscaping, to name a few. The Council and Mr. Richardson discussed resilience hubs and how the community engagement process would help determine the best locations for those. They discussed how changing Town plans had affected the Climate Resilience Plan and Mr. Richardson spoke about changes that staff had made in relation to Conditional Zoning and storm size. The Mayor and Council praised the Sustainability team and other Town departments for their work. They were eager to learn more about the community engagement campaign, they said. Mayor Anderson urged staff to engage/incentivize the community on anything it could, such as composting. Mayor pro tem Ryan spoke about a grant-funded composting project that had been successful in Carrboro. Mayor Anderson encouraged Mr. Richardson to be aggressively applying for federal money. She wanted the Town to continue being bold, aspirational, aggressive, and flexible when changes happen, she said. This item was received as presented. 2. Rewriting Our Rules - A Land Use Management Ordinance [24-0503] (LUMO) Update Principal Planner Tas Lagoo gave a PowerPoint update on the Town's Land Use Management Ordinance (LUM0) rewriting process. He summarized prior Council discussions, outlined future steps, and said that the current presentation would address affordable housing, planning process improvements, and building type regulations and standards. Staff's goal was to provide a draft document in February or March, but many variables and unknowns could impact that timeline, he said. Council Members confirmed that staff would provide them with a timeline and a schedule of topics for the next several meetings. Mayor pro tem Ryan said she was glad there would be a system for reconciling areas where there had been discussions but no decisions. Additionally, she characterized having the Planning Commission work in parallel with the Council as "a little less than ideal" and said she would prefer to have their input before Council policy discussions. Mayor Anderson and Mr. Lagoo discussed how the LUMO draft would be presented to the Council thematically, chapter by chapter, focusing on Complete Community (CC) themes and goals. The Mayor confirmed with him that the Community Design Commission would review building standards. Mr. Lagoo presented information on neighborhood scale commercial Page 5 of 11 Town Council Meeting Minutes - Final October 23, 2024 development (NSCD), which he said was at the root of the CC strategy. NSCD involved promoting infill development throughout Town that included a variety of public and private amenities, he explained. He said that it also included prioritizing human-scale development and supporting small businesses. Mr. Lagoo said that the new LUMO would improve how and where NSCD projects would be built. He asked the Council to consider allowing corner stores, coffee shops and restaurants, for example, along major roads in Residential-2 and higher zoning districts. He presented a map of northern Chapel Hill and indicated areas where incremental changes could feel like a natural evolution of the community. He showed where a future Everywhere to Everywhere Greenway network could relate to potential NSCD nodes. In response to a question from Mayor pro tem Ryan, Mr. Lagoo explained that planners were exempting Residential-1 form NSCD due to concern about compatibility of uses. He said that they could explore including it if there was a consensus on Council for doing so. Mayor pro tem Ryan proposed that staff look into including "Residential-1 but arterial street", and Council Member Sharp asked to see a revised graphic that showed what that would look like. Mayor pro tem Ryan proposed that staff think about offering incentives. she suggested allowing live/work accommodations. She pointed out that standards for issues such as noise and lights might be different from typical commercial standards if applied in neighborhoods. Council Member McCullough noted the importance of including flexibility and not creating restrictions that would hinder or complicate future opportunities. She and Mr. Lagoo discussed how the LUMO would not be a static document and might need to adapt when clearer patterns emerge. Council Member Sharp proposed that there be more information about how the LUMO would recognize the type of Complete Community that the Town wanted, rather than allowing something that would be detrimental to that goal. She confirmed with Town Attorney Ann Anderson that, with very limited possible exceptions, it was not within the Town's authority to regulate business type. Mayor Anderson said that the ability to walk and bike to amenities was missing from the Complete Community features listed. She suggested adding that as a high-level tenant of the approach to neighborhood commercial, and Mr. Lagoo said that staff had been moving away from the perception that roads were for cars only. The Town's arterial and collector roads were being seen as opportunities for multi-use paths and bike and pedestrian infrastructure, he said, and the Mayor confirmed with him that Everywhere-to-Everywhere Greenways would be a major element of how people move around Town. Page 6 of 11 Town Council Meeting Minutes - Final October 23, 2024 Mayor Anderson and Mr. Lagoo talked about areas of Town that were dominated by relatively large lots/single-family homes. Being able to retrofit that development pattern over time and fill in with more missing middle housing would create the case for more infrastructure and greenway network, he pointed out. However, doing so at the current time might not justify the cost, considering the number of people that would be reached, he said. In response to a question from the Mayor, Mr. Lagoo assured the Council that letting the market drive the process would not lead to missed Complete Community opportunities. He recommended making sure that zoning was a step ahead of market conditions. Mr. Lagoo said that the Town's stormwater standards would need to evolve in the face of climate change. He proposed that the Council consider expanding the Town's recently adopted a 100-year storm standard to include new development across the board, but with exemptions for smaller three- and four-family homes and small projects on commercial sites. Mr. Lagoo said that current rules partially exempted one- and two-family homes with less than 20,000 square feet of land disturbance from most stormwater management requirements. He proposed applying that to three- and four-family homes, with caveats. He also outlined changes that would allow smaller projects to add a small amount of impervious surface without triggering the need to invest in stormwater management. Mayor pro tem Ryan praised the plan to expand 100-year stormwater regulations throughout Town. She asked staff to look at mitigating the proposed allowance for smaller projects by requiring or suggesting that they provide offsets, such as planting a tree or creating a rain garden. She and Mr. Lagoo discussed how treating all stormwater run-off would be ideal. However, the Town was already pushing the boundaries with regulations that were far ahead of its neighbors, he said. Council Member Stegman expressed support for the ambitious stormwater regulations and said that she appreciated staff's consideration of trade-offs while keeping Council goals in mind. She also supported incentivizing builders to consider building three small units rather than one big one, she said. Council Member Berry confirmed with Mr. Lagoo that the 20,000 square-foot exemption for Residential 1 & 2 could be changed. She asked him to report back on what the consequences might be, but Mayor Anderson recommended checking on the full Council's interest before asking staff to embark on a major project. Council Member McCullough said that single-family homeowners should Page 7 of 11 Town Council Meeting Minutes - Final October 23, 2024 take proportional responsibility for the impacts that they cause. She confirmed with Mr. Lagoo that the Town did regulate impervious surface to no more than 50 percent for single-family homes but did not regulate tree cover. Council Member Sharp said she wondered if exemptions should be based on topography, flood plains and location rather than housing types. She asked about providing exemptions for projects that were built on more appropriate terrain, and Mr. Lagoo replied that doing so probably was within the realm of possibility but not for the LUMO rewrite. That would require a level of modeling, analysis and concentrated study that the Town did not currently have, he said. Council Member Miller-Foushee asked about the basis for the 40,000 square-foot benchmark for commercial development. Mr. Lagoo replied that the current rule (20,000 square feet of floor area or 40,000 square feet of land disturbance) was too low and that 40,000 was a judgement call. She asked for more analysis of what the Town would be giving up before settling on 40,000 square feet. Council Member Stegman asked Mr. Lagoo and the Mayor how they would be parsing Council feedback, and Mayor Anderson described a chart that would differentiate whether requests were from one or several Council Members. With that, staff would know if they had heard from a Council majority before embarking on anything, she said. Mayor Anderson confirmed with Mr. Lagoo that staff would look deeper into appropriate uses based on Town topography in the future when staff had more capacity. They talked about an anticipated stormwater analysis that might lead to different strategies and would require even stronger interdepartmental coordination going forward. This item was received as presented. 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 Page 8 of 11 Town Council Meeting Minutes - Final October 23, 2024 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. 3. Concept Plan Review: 115 Chapel Point Road [24-0504] Senior Planner Jacob Hunt introduced a concept plan for a project in the northern part of Town between Carraway Village Apartments and Interstate 40. He reminded the Council that the Town had annexed the site during a prior approval for a Putt-Putt Fun Center. Putt-Putt was not being considered and the applicant was asking about a potential Conditional Zoning for a different project, he said. He showed a list of Complete Community considerations and recommended that the Council hear the concept plan and adopt Resolution 1, which would transmit its comments to applicant. Wendy Ramsden, a landscape architect with Thomas & Hutton, showed renderings of the 19-acre site and an aerial view of the surrounding area. She said that the parcel was located in the North Martin Luther King Jr. Focus Area, which supported the applicant's proposal to build single- and multi-family units and townhomes. She pointed out that about 40 percent of the site was in the Town's Research Conservation District (RCD) and said that development would be concentrated on the 6.4 acres that were outside of that area, with the exception of a stormwater pond and greenway trail. Adam Golden, representing Northwood Ravin, reviewed the parcel's history and reminded the Council that Northwood Ravin had not been Putt-Putt's owner. He presented a concept plan for a "Carraway 3", which would be an independent project next to Carraway Village Apartments. It would not be part of Carraway Village but would look and feel as though it was and would be a logical extension of that development, he said. Mr. Golden showed where a main road through Carraway Village would lead to the Carraway 3, which would consist of 11 single-family rental homes, 48 multi-level townhomes, and smaller 450-550 square-foot units in 3-story buildings. He showed where a multi-use path would complete a connection through the area. He presented examples of other townhomes that Northwood Ravin had built in North Carolina. In response to Council questions, Mr. Golden said that there was a big market for single-family rentals. He said that the plan included only three stories of the smaller units due to parking constraints. Council Member Stegman asked about the overall affordable housing plan, and Mr. Golden explained that Northwood Ravin had submitted two tax credit applications but had not scored high enough. They were currently exploring another approach, he said. Page 9 of 11 Town Council Meeting Minutes - Final October 23, 2024 The Council spoke against putting the stormwater facility in the RCD and Mayor Anderson confirmed with Mr. Golden that the area would be useable for recreational purposes. Mayor pro tem Ryan pointed out that making the undevelopable RCD land an amenity, or putting it into conservation, would be a wonderful contribution to the Town. The Council told Mr. Golden to follow all Urban Designer Brian Peterson's recommendations. The Council asked him to return with a robust affordable housing plan. Several Council Members recommended increasing the project's density, given its proximity to highways, public transportation, and a future bus rapid transit line. Mayor pro tem Ryan suggested that the applicant include more and smaller homes, such as cottage courts. Council Member McCullough proposed replacing the eight townhomes with a stormwater pond and increasing the single-family units to duplexes or triplexes. Council Member Berry asked to see a gathering space and a safer walking connection to Carraway Village Apartments. Mr. Golden explained that Northwood Ravin was planning to turn commercial lots at Carraway Village Apartments into a heavily landscaped pedestrian green. There would also be a one-acre dog park, two pickle ball courts, and more, and that entire area would become a large social hub, he said. Mayor Anderson said that the plan did check a number of Complete Community goals, such as infill and middle-income housing. She did not think it was the right location for single-family housing, however, and wanted to see more density, she said. She pointed out that some parking on the Carraway Village Apartments site probably was not being used at night or on weekends. A motion was made by Mayor pro tem Ryan, seconded by Council Member Miller-Foushee, that the Council adopt R-1. The motion carried by a unanimous vote. APPOINTMENTS 4. Appointment to the Historic District Commission [24-0505] The Council appointed Don Tise to the Historic District Commission. REQUEST FOR CLOSED SESSION TO DISCUSS ECONOMIC DEVELOPMENT, PROPERTY ACQUISITION, PERSONNEL, AND/OR LITIGATION MATTERS ADJOURNMENT The meeting was recessed at 9:04 p.m. The Council moved into a closed session and adjourned at its conclusion. Page 10 of 11 Town Council Meeting Minutes - Final October 23, 2024 Page 11 of 11