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, January 15, 2025 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 January 15, 2025 • 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. Mayor pro tem Amy Ryan was absent due to illness. Present: 8 - Mayor Jessica Anderson, Council Member Camille Berry, Council Member Paris Miller-Foushee, Council Member Adam Searing, Council Member Karen Stegman, Council Member Theodore Nollert, Council Member Melissa McCullough, and Council Member Elizabeth Sharp Absent: 1 - Mayor pro tem Amy Ryan OTHER ATTENDEES Interim Town Manager Mary Jane Nirdlinger, Town Attorney Ann Anderson, Planning Manager Corey Liles, Planning Director Britany Waddell, Senior Planner Jacob Hunt, Executive Director for Strategic Communications and Marketing Susan Brown, Fire Marshal Rob Pruitt, Police Officer Harris, and Assistant Town Clerk Brenton Hodge. OPENING 0.01 Mayor Anderson Announces Donovan Livingston as Poet [25-0021] Laureate. Mayor Anderson introduced Chapel Hill's 2025-2026 poet laureate Donovan Livingston, an award-winning educator and poet. Dr. Livingston spoke about poetry as a vehicle for social discourse, literacy and research. He recited "Notes to Self", a poem based on his determination to excel as a young Black man in America. 0.02 Proclamation: National Mentoring Month. [25-0022] Council Member Nollert read a proclamation that declared January 2025 to be National Mentoring Month and reminded everyone of the importance of mentoring to the wellbeing and relationships of young people. The proclamation mentioned Orange County programs -- such as Big Brothers/Sisters, Blue Ribbon Advocate, and Musical Empowerment. It encouraged all to become more involved in mentoring and to thank those who already served. ANNOUNCEMENTS BY COUNCIL MEMBERS 0.03 Mayor Anderson Regarding NC Department of [25-0023] Page 2 of 11 Town Council Meeting Minutes - Final January 15, 2025 Environmental Quality Meeting. Mayor Anderson said that the NC Department of Air Quality would hold a public meeting at Town Hall at 6:00 p.m. on January 16, 2025. The topic would be the University of North Carolina's application to change the fuel source at its co-generation plant from coal to engineered pellets. The public was encouraged to attend and to provide input through January 23, 2025, she said. 0.04 Mayor Anderson Regarding Martin Luther King Jr. Day [25-0024] Events. Mayor Anderson announced that the annual Martin Luther King Jr. Memorial Celebration would be held at the Friday Center on January 19th at 5:00 p.m. She said that the NAACP's annual rally and march would begin at the Peace and Justice Plaza at 10:00 a.m. on January 20th and that UNC had scheduled events as well. The Council was inviting everyone to take part in local events and to honor Dr. King's legacy through a day of service, she said. that 0.05 Mayor Anderson Regarding January 22nd Work Session. [25-0025] Mayor Anderson reminded the Council that its next work session would be held at the Chapel Hill Public Library on January 22nd, beginning at 6:00 p.m. 0.06 Mayor Anderson Welcomes Interim Manager Mary Jane [25-0026] Nirdlinger. Mayor Anderson announced that Deputy Town Manager Mary Jane Nirdlinger would begin as acting Town Manager on January 1, 2015. The Council appreciated Ms. Nirdlinger's many years of service and her willingness to take on this role, the Mayor said. 0.07 Council Member Miller-Foushee Regarding Mu Omicron [25-0027] Omega and Alpha Kappa Alpha Founders Day. Council Member Miller-Foushee wished members of the Alpha Kappa Alpha Sorority a Happy Founders Day and pointed out that January 15, 2025, would mark 117 years of service. 0.08 Council Member Berry Regarding a Sense of Community. [25-0028] Council Member Berry spoke about the importance of maintaining a sense of community and being intentional about doing so. 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, Page 3 of 11 Town Council Meeting Minutes - Final January 15, 2025 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. 0.09 Requests for Support During HVAC Work at Holmes Child [25-0029] Care Center. Chapel Hill residents Emily Ragland and Kimberly Walker shared their concerns about a scheduled March 1, 2025, closing of Holmes Child Care Center. Ms. Ragland described how the short notice had been traumatic for children and parents, and Ms. Walker asked the Council to help ensure continuity for families while HVAC repairs were being made. Angela Lyght and Andre' Allen, co-chairs of Equity for Education, spoke about their petition with 200 signatures that had been sent to the Council and Manager in December 2024. Ms. Lyght provided background information about the Center and described how the short notice had created significant challenges for families and staff. Mr. Allen requested that the Town help identify a temporary location and help to move equipment, make repairs, and investigate what had led to the current situation. Interim Town Manager Nirdlinger said that Town staff had been working with the Center to find an alternate location, enable a smooth transition, and address concerns. Once a contractor had been hired, staff would work with the Center on timing and incorporating some of the other repairs, she said. Mayor Anderson thanked those who had spoken and expressed confidence that Town staff would make things right. As a mother herself, she understood the issue's importance, she said. A motion was made that the Council receive and refer the petition to the Manager and Mayor. The motion carried by a unanimous vote. 1. Tom Jensen Request for Townwide Automatic Pedestrian [25-0001] Signals at Crosswalks. The Council did not act on this item. The petition will be brought back in the January 29th meeting. CONSENT Page 4 of 11 Town Council Meeting Minutes - Final January 15, 2025 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 Berry, seconded by Council Member Miller-Foushee, that R-1 be adopted, which approved the Consent Agenda. The motion carried by a unanimous vote. 2. Approve all Consent Agenda Items [25-0002] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 3. Approve the Miscellaneous Budget Ordinance Amendment to [25-0003] Adjust Various Fund Budgets for FY 2024-25. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 4. Approve the 2024 Bond Referendum Results Certification [25-0004] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 5. Approve the Interim Town Manager's Employment Contract. [25-0005] This resolution(s) and/or ordinance(s) was adopted and/or enacted. 6. Authorize the Town Manager to negotiate and execute a sole [25-0006] source contract for Granicus government experiences cloud. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 7. Authorize Town Manager to Execute a Renewal of the Interlocal [25-0007] Agreement for the Development and Operation of the Hollow Rock Portion of the New Hope Preserve between Durham County, Orange County, and Town of Chapel Hill. This resolution(s) and/or ordinance(s) was adopted and/or enacted. 8. Call a Public Hearing to Consider a Request to Close a Public [25-0008] Right-of-Way along Huse Street on February 26, 2025 This resolution(s) and/or ordinance(s) was adopted and/or enacted. 9. Call a Public Hearing to Consider a Request to Close Portions [25-0009] of the Public Right-of-Way in Cowan Boulevard and White Oak Drive on February 26, 2025 This resolution(s) and/or ordinance(s) was adopted and/or enacted. DISCUSSION Page 5 of 11 Town Council Meeting Minutes - Final January 15, 2025 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. 10. Open a Legislative Hearing for a Conditional Zoning Application [25-0010] at 200 South Elliott Road Jessica Hardesty, a land planner with McAdams, gave a PowerPoint overview of a proposed, four-acre project in a Residential-5/Office Institutional-2 zoning area along South Elliott Road. She pointed out that the site was located in Sub-Area B of the North 15-501 Corridor, where multi-family housing, commercial space, green gathering areas, and activated frontages were recommended. Ms. Hardesty described surrounding properties and said that the site was within the Blue Hill boundary but had not been assigned a zoning district. The applicant, Trinsic Residential Group (TRG), was requesting a rezoning to Mixed Use-Village-Conditional Zoning District, she said. Ms. Hardesty pointed out that the Council had agreed in March 2023 with TRG's plan for multi-family. At that time, the Council had asked the applicant to return with a commercial or retail component, a more broken-up façade, connectivity throughout the site, amenities or trails on a western parcel, affordable housing, and a more conventional zoning, she said. Ms. Hardesty described how the revised plan now included ground floor retail with apartments above in five- to six-story buildings with urban style frontages along tree-lines streets. She outlined a plan to break up the façade with courtyards along South Elliott Road. She said that a 12-foot multiuse path along South Elliott Road would continue through the site and then along Couch Road. She showed the location for a stormwater pond, and indicated where a parking deck would be hidden from view. Ms. Hardesty showed renderings of the design. She said that the applicant had received positive feedback from Urban Planner Brian Peterson and a unanimous recommendation from the Planning Commission. She reviewed the ways in which the plan was consistent with Complete Community goals and said that the developer was committed to providing 10 percent affordable housing -- with half at 65 percent and half at 80 percent of the area median income (AMI). Planner II Jacob Hunt explained that the property was not technically Page 6 of 11 Town Council Meeting Minutes - Final January 15, 2025 within the Blue Hill Zoning District and said that Conditional Zoning was allowed for site-specific modifications and conditions when a proposed development did not align with current zoning. He said that staff had found the project to be in general compliance with Town plans and recommended that the Council review the application, receive comments, and continue the hearing to February 12, 2025. Council Member Nollert asked where staff was not in complete agreement, and Mr. Hunt replied that the Council might have an interest in a Couch Road connection to South Elliott. Staff thought that the applicant's proposal for a greenway there instead was reasonable, but the Council might want to weigh in on that, he said. Council Member Stegman asked if staff was concerned about congestion and/or pedestrian safety if there were not full access from Couch Road. Mr. Hunt replied that a traffic impact analysis had found that the proposed improvements would have a positive effect and that the project, as proposed, would not decrease the general level of service on Elliott Road. Council Member Miller-Foushee proposed raising the affordable housing commitment to 15 percent. She also confirmed that the proposed 427 parking spaces would mean about 1.5 spaces per unit and included commercial space. In response to questions from Council Member Searing, Ms. Hardesty said that creating a second access via Couch Road would cut through the project, separate buildings, use up developable acreage, and make parking more complicated. She said that TRG had made other commitments to outweigh the need for that road. Transportation Planner Josh Mayo commented that the proposal did not necessarily meet the Town's Connected Roads Plan, but that staff was recommending it based on the complete proposed package. He provided several reasons for why having a multiuse path was a higher Town priority than a Couch Road connection. In response to further questions from Council, Owen Burkard, representing TRG, said that the project would not be feasible if it included that road connection. The Council and Mr. Burkard talked about TRG's plans for retail. In response to a question from Council Member Sharp, Mr. Burkard said that TRG absolutely intended to fill those spaces with independent businesses but could not commit to anything at the current time. Mayor Anderson confirmed with Mr. Burkard that the viability of retail at that location was very high. Council Member McCullough verified with him, though, that reducing the amount of commercial space would free money for other Town goals, such as affordable housing. Mr. Burkard requested Page 7 of 11 Town Council Meeting Minutes - Final January 15, 2025 that the Council reach consensus on whether it wanted the project to include retail. The Council requested that TRG increase the amount of overall tree coverage and add canopy trees taller than 10 feet/more human scale. They confirmed that the multiuse path would be more like a sidewalk than a bike lane. Ms. Hardesty said that the building's façade would be broken up with courtyards and different types of materials. Donna Darragh, an owner at The Casual Pint, emphasized the need for continuing dialogue in its use regarding loading zones and potential increases in wind and dust during construction. The Council was enthusiastic about the overall project and housing type. Some wanted a full road connection to Couch Road, but the majority agreed that the Planning Department's recommendation for a greenway instead made sense. Council Member Miller-Foushee proposed increasing affordable housing from 10 percent to 15 percent. However, Council Member Stegman and Mayor Anderson said that they could accept 10 percent if it were all at 65 percent AMI. Several Council Members said that they were comfortable with retail at the location and thought it would succeed. Council Members suggested reducing parking, if possible, adding e-charging stations, and designing in a flexible way that would allow the building to change according to market conditions. Mayor Anderson said that the Council wanted the applicant to meet with the neighbors. A motion was made by Council Member Nollert, seconded by Council Member Miller-Foushee, that the Council open the public hearing. The motion carried by a unanimous vote. A motion was made by Council Member Nollert, seconded by Council Member Miller-Foushee, that the Council continued the Legislative Hearing to February 12, 2025. 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 Page 8 of 11 Town Council Meeting Minutes - Final January 15, 2025 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. 11. Concept Plan Review: 1609 US 15-501 [25-0011] Planning Manager Cory Liles said that the Flintrock Residential concept plan was for an area along US 15-501 South that was outside Town limits but within the Town's jurisdiction. The location was also within the Town's Urban Services Boundary and therefore eligible to receive public water and sewer, he said. He explained the ways in which the project could address the Town's Complete Community goals and recommended that the Council hear the presentation and then adopt Resolution-A, which would transmit its comments to applicant. Dan Jewell, an architect with Thomas and Hutton, presented a concept plan for a project that he said would provide "missing middle" (MM) housing with an affordable component. Flintrock Residential was the first project to be proposed for the expanded Urban Services Area and it would set a precedent for bringing water and sewer to that location, he pointed out. He said that the applicant, BOLD Residential, would be requesting a Conditional Zoning. Mr. Jewell explained that at least 40 percent of the site was Research Conservation District (RCD) land, which would remain undeveloped except for some stormwater management in the outer zone. Due to the nature of the site, there would be about 4.5 units to the acre in a plan that included 155 townhomes, he said. He pointed out that the concept included a non-residential business -- such as daycare -- along US 15-501. Mr. Jewell said that the developer would provide a stub-out that could connect roads, trails and sidewalks to areas south of the site. He described a plan for sidewalks, an extensive greenway trail network, improved open space areas, a playground, community gardens, and stormwater ponds. He said that at least 20 "for sale" townhome units would be affordable at 80 percent AMI. Council Members confirmed with Mr. Jewell that the project could be designed in a way that would enable transportation to enter the neighborhood, if desired. They verified with him that there would typically be two parking spaces per unit but that the actual number of spaces had not yet been determined. They confirmed that the affordable units would amount to 15 percent of total units. Page 9 of 11 Town Council Meeting Minutes - Final January 15, 2025 Mayor Anderson asked about the location of future greenways and bus stops, and Mr. Liles said that staff would explore that prior to Flintrock Residential's Conditional Zoning process. South Grove residents Robert McGinty, Katrina Herz and Troy Blackburn expressed concern about traffic safety if Flintrock Residential were connected to their neighborhood. Mr. McGinty, South Grove Homeowners Association’s president, explained that their low-density neighborhood lacked sidewalks and that residents were concerned about street safely if they were connected to Flintrock, which would be seven times their size. Property owners Beverly and Harrison McSwain expressed concern about construction traffic, light pollution, and flooding to their adjacent property. Michelle Egger, a Wave Road homeowner, confirmed with Mr. Jewell that construction traffic would go via US 15-501 and not over Wave Road. She asked the applicant to consider light pollution on surrounding areas and said that she would be interested in knowing more about the cost of connecting to water and sewer. The Council expressed strong support for the general concept, which was what the Town had envisioned when it extended the boundary. They were enthusiastic about the missing middle townhouses and said they liked the plan for garages being behind the units and frontages facing the greenway. Council Members praised the plan for its placemaking, greenspaces, RCD treatment, and the possible daycare facility on US 15-501. The Council asked the applicant, BOLD Development, to work with its neighbors to alleviate concerns and to figure out how they, too, might hook up to water and sewer. The Council recommended that BOLD heed all of Urban Designer Brian Peterson's recommendations. Council Members asked for more trails, and they emphasized that stormwater management should become an amenity. Council Member Berry asked that no buildings encroach into the RCD and that the applicant provide information on a potential traffic pull-off. Council Member Sharp confirmed with Mr. Jewell that creating a stub-out would be keeping in line with Town policy, but Council Member Searing said that he would feel more comfortable if the stub-out were just not built. Council Member Berry confirmed with Planning Department staff that they would look into any fire safety concerns regarding that sub-out. Council Member Miller-Foushee said that she was excited about the partnership with Orange County Habitat for Humanity and hoped that the number of affordable units would be increased to 24. Council Member Stegman asked for more information about BOLD's arrangement with Page 10 of 11 Town Council Meeting Minutes - Final January 15, 2025 Habitat, though, and Jayson Dell, a partner with BOLD, alluded to a foundation that donates a portion of BOLD's projects to serving Orange and Chatham County children in need. In this instance, Habitat would purchase land from BOLD at a heavily discounted rate and build some townhomes together with BOLD, he said. Ansel Prichard, a land acquisition manager at Habitat, added that Habitat would likely bring in sub-contractors to build the homes. Council Member Stegman said that such an arrangement would require more thought because it differed from what the Council had anticipated. After a brief comment by other Council Members and the Town Attorney, Mayor Anderson said that the Council needed to better understand what the proposed structure meant with regard to BOLD Development's affordable housing contribution. A motion was made by Council Member Berry, seconded by Council Member Miller-Foushee, that the Council adopted R-8. The motion carried by a unanimous vote. ADJOURNMENT This meeting was adjourned at 8:57 p.m. Page 11 of 11