Development


[UPDATE:] That’s Amy Ryan, SCVTF member, not Amy Strange, NC Board of Elections. Sorry Amy!

As some readers might recall, I was appointed to serve on Chapel Hill’s Sustainable Community Visioning Task Force early last year.

Before we got started there were a few issues to address involving recruitment of a diverse membership to reflect both the concerns of the business community and the community as a whole. After settling on over 20 members, we began to work on a fairly ambitious task – to create a framework for making reasonable decisions on beneficial growth over the next 10 years.

The last few months the SCVTF worked diligently to create a set of principles that will inform our final work product. In the last few weeks, though, concerns about how to address issues raised as long ago as last Spring, once again surfaced.

Four members, Amy Ryan Strange, Del Snow, Madeline Jefferson and myself, submitted the following letter to the committee as a whole this evening outlining not only our concerns but some proposals to more effectively, efficiently and energetically move forward with the task at hand.

Kudos to Amy for doing a fantastic job of word-smithing:

March 8, 2010

Members of the Sustainable Community Visioning Task Force,

When the task force was convened last summer, we were united in one thing: our willingness to commit a significant amount of time and energy to the task of ensuring that the future development of Chapel Hill would proceed in a positive and equitable manner. We all see the importance of providing citizen guidance to town staff, review boards, and local developers for managing the successful growth of our town.

As was made evident at the last meeting, there is a group of task force members who are concerned with the direction our work has taken and feel that our mission is being compromised. We would therefore like to take this opportunity to state our concerns in detail and propose an alternative to the process currently under way.

Our concerns with the current process fall into four specific areas:

1. No opportunity to look at the big picture

By focusing first on individual key areas in town that are likely to develop, we will not be looking at the town as a whole, as we were charged to do, and will not be able to see the cumulative impacts of our recommendations.

Unless we spend many meetings looking at every key area (which the task force seems disinclined to do) and then assessing the cumulative impact of all of them together, under the current plan we will have no way of determining whether our recommendations are reasonable, equitable, or practical for the town as a whole.

2.No specificity

The current Comprehensive Plan does an admirable job of providing general guidance for the development of Chapel Hill, but many of its provisions and recommendations are vague enough that they can be used to justify a broad range of development options, some less desirable than others. The task force’s set of guiding principles, while useful as a general statement of our vision, do not make any progress toward offering more specific, concrete guidelines for the town and local developers.

We agree that it is not the SCVTF’s job to create detailed small area plans, nor do we feel that such exercises are a particularly effective way of guiding real world development. Rather, beginning with the principles’ general vision for the town’s development, it should be the task force’s goal to provide leadership in guiding the town to begin developing specific, context-based guidelines for future development.

3.No acknowledgment of constraints

As the process is currently constituted, there is no mechanism for the task force to acknowledge and plan for factors that will limit the town’s development. The school district has confirmed that we are running out of sites in town for building new schools; the resources of our local watershed are finite; we can add only so many more cars to current roads before quality of life deteriorates; like all communities we have a responsibility to work toward sustainable resource use.

Phil’s “Where Do We Go from Here” memo of 3/9/10 (PDF) states that our charge is “recommending what kinds of growth and where growth can occur if it does occur, not whether growth should occur, or how much or how little.” While none of us are in a position to predict the future, we also can offer no meaningful guidance to growth without accepting and working with at least some general parameters of how much growth is expected, responsible, and desirable. We were charged by Mayor Foy to “challenge all assumptions,” not to work without any assumptions whatsoever.

4. No plan for iterative community input

In our discussions at the beginning of our tenure, the group was strongly in favor of obtaining community input that would provide feedback on our work along the way.

Until Phil’s 3/9 memo, the task force had not been informed of any plans for eliciting community opinion on our recommendations before our report goes to council. If the goal of a May report to council still holds, we question whether there is time for steps 3 and 4 of Phil’s plan to be implemented and incorporated into our report.

For our work to succeed, it must be “owned” not just by us, but by the community as a whole. Adequate time for public input on the guiding principles, hierarchy of trade-offs, and vision for all key development areas is crucial to making this happen.

Given these concerns, we would like to propose modifications to the plan of the task force’s work as we carry forward:

1. Spend one or two meetings on a Reality Check exercise

Given high and low estimates of population changes anticipated in Chapel Hill, along with accepted formulas for calculating expected demand for schools, commercial space, water, etc., it should be possible to form rough estimates of how many square feet of new residential, commercial, and civic space the town will require and can support. The task force could then spend one meeting in small groups deciding how this growth could be logically allocated throughout town; another meeting would allow reconciliation of the groups’ visions into a single task force plan, which town staff could review for conflicts or other problems.

This step would allow us to address big picture issues while avoiding hours of extra meting time looking at each small area in detail in order to build a picture of the cumulative development effects. It would also allow us to work within our development “budget,” accommodating constraints and planning for the town’s future needs. The resulting map would also provide a clear object for testing against the task force’s guiding principles.

2.Conduct character-based small-area development studies of one or two key neighborhoods

Using the information obtained from the Reality Check exercise, the task force could take the development allocated to one or two specific areas and take a close look at how best it could be accommodated.

The product of such a study would be a clear statement of the current neighborhood character, identification of opportunities for development and important elements to preserve, guidance for reconciling expected conflicts and making trade-offs, and specific examples for developers and town staff and boards on what kind of development would be appropriate.

Ideally, this exercise would be a quick example of a more in-depth process that the town would ultimately conduct in each neighborhood in town where significant development is likely to occur.

3.Plan for community input

It is vital to provide enough time for citizens to review and comment on the task force’s work as it progresses. Key elements for review would include (1) our refined list of guiding principles (after we have tested them in one or two small areas); (2) our map showing general allocation of development across the town from the Reality Check exercise; and (3) our recommendations for the select key areas we study.

When the town moved forward to develop in-depth neighborhood plans, it would obviously be crucial to get citizen input about how they see the neighborhood, what is lacking, what development works, and what doesn’t. This information would be the basis for the work of whatever group was charged with carrying this work forward.

While all members of the SCVTF may not have the exact same vision for Chapel Hill, we are united in our concern for the town and its future. It is time for us to be united in framing and agreeing to the process that will carry us forward. At the end of our tenure, we should all agree that we have produced a product that will identify the principles we hold in common, help us preserve what we value and improve what is falling short, and provide useful guidance for the town as it grows and develops. The process we have outlined above can be accomplished efficiently, will produce more useful guidance for the town, and will provide the basis for developing the specific development vision and guidelines the town so urgently needs.

Signed,

Amy Ryan
Del Snow
Madeline Jefferson
Will Raymond

cc: Garrett Davis
Phil Boyle
Mayor Kleinschmidt
SCVTF mailing list

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Ron Stutts and WCHL 1360 invited me to do a commentary on a Chapel Hill issue.

I chose to speak out on the fiscally imprudent idea that we can “have our cake and eat it too”.

Run this and the following four year’s budget numbers, look at anticipated impacts – funding Town retirees’ health-care, fixing Police Headquarters, meeting our clean water responsibilities under the Lake Jordan compact, the doubling in demand on our social services, etc. – and it becomes clear – we can walk away now from the discretionary Lot #5 project – at little additional cost to the taxpayer – or do the Library expansion next year.

We can’t do both.

Thanks to Ron and crew for somehow squeezing 10 pounds of commentary [MP3] into a 5 pound bag. Amazing!

Jan. 25th the Council considered two projects with major financial impacts – the Library expansion and the problematic Lot #5 private/public development project.

After discussing their options at length, they decided to postpone approval of the Library expansion pending a more thorough review of the Town’s spending priorities during the Town’s normal budget process which, by the way, kicks off Wednesday, Feb. 3rd.

This was a reasonable and prudent course of action given the serious fiscal condition of the Town, the weakened economy, continued expectations of poor revenues and Council’s touted commitment to public participation.

Unfortunately, the Lot #5 project didn’t get the same level of concern.

The Town’s debt has doubled to $55M over the last 5 years. It’s been used to fund necessary and discretionary capital improvements like the construction of the new Aquatics Center – which at about $7M was almost on budget – and the Town Operations Center – which at $52M went roughly $10M over-budget.

Supporters claim the typical household will ONLY pay $40 more a year but that $40 only covers the increased cost of operating the Library and not the cost of discharging the $16M bond debt.

The Town Manager says that as we payoff existing obligations we can issue new bonds without increasing taxes. This might be true through 2011, but as the Town’s finance director pointed out, from 2012 on the construction debt pushes our overall debt very close – maybe even exceeding – the level necessary to keep our Town’s AAA bond rating.

At that point a tax increase is certain.

The Town Manager’s analysis is also rather one dimensional – challenges like the Town’s rapidly growing unfunded retirement obligations – projected to be as much as $56M or replacing Police headquarters – $10M if Council had purchased Dawson Hall – were not considered.

So what about Lot #5? Lot #5 requires 8 to 12M taxpayer dollars and represents the Town’s greatest, riskiest discretionary fiscal liability.

Part of the sales pitch for Lot #5 was the supposed need to stimulate development Downtown.

With Greenbridge nearly built and other Downtown projects on the way it’s clear that we didn’t need a stimulus. In fact, directly across Franklin St. the University at University Square is already putting forward a much more interesting, integrative proposal which better fulfills the goals of the Lot #5 project – and at little cost or risk to our taxpayers.

Given that the cost reductions that allowed RAM Development to lower their gold-plated condo prices haven’t been passed on to the taxpayer, that the number of pre-sold units hasn’t grown in-line with those price reductions, and that the Town still doesn’t know how it plans to borrow that $8 to 12M – now is the time to drop Lot #5.

Three years out – three contract extensions granted – no significant improvement in proposal.

What does this have to do with the Library?

We can have a Library expansion – hopefully starting next year – or we can have Lot #5 – we can’t handle both.

Contact Council – ask them to pull the plug on the Lot #5 project now so that we can take on projects that are more central to Council’s charter.

More information on my website, CitizenWill.org.

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The Council decided to postpone the Library expansion decision pending further data and discussion.

Council member Laurin Easthom pointed out on Monday, once again, “We need to make some real serious decisions about citizens who use our library and don’t pay.” Laurin has been on-top of this issue for some time. She has also been quite clear in her concerns (THE LIBRARY AND THE FREE LUNCH) unlike several of her colleagues.

Laurin is not alone.

Her colleague Penny Rich added “Citizens in Chapel Hill are quite generous, but I think the endless supply of money in our wallets is not there anymore.” (Daily Tar Heel, Jan. 26th, 2010).

New member Gene Pease, who has been a stalwart supporter of the library for many years – raising significant funds as a member and leader of the Friends of the Library president of the Chapel Hill Public Library Foundation [thanks Fred!] to support its mission – said “To have no conversation about this and about how to attack this problem in the operating budget, I think it’s irresponsible to make the decision tonight” (Lauren Hills,NBC17) in justifying the delay.

I’ve watched this issue unfold for several years, called on former Council’s to show some fiscal restraint over the last 4 years so we could accommodate this project. It is clear that given the current economy, a prudent assessment of our Town’s revenue stream, the core fiscal liabilities and obligations we must discharge (which does not include that Lot #5 money pit), the Library expansion must wait.

Of course, that’s my considered opinion which is based on the data at hand, my entrepreneurial experience and a financial philosophy that emphasizes “living within our means”.

Laurin Easthom foresaw these same issues and tried to set several plans in motion to address this unfortunate juncture – the public’s growing desire for a new facility coupled with a bare public cupboard.

Last April, in fact, she directed the Town Manager and staff to come up “with a financial cost sharing plan” to help ameliorate the anticipated rise in operational costs. To date, no plan has emerged from Town Manager Roger Stancil and crew.

A quasi-plan did emerge on Monday from new Mayor Mark Kleinschmidt and Jim Ward – pressure the Orange County Board of Commissioners and, as Jim put it, make adequate library funding a “litmus test the winners are going to pass, period.” in this year’s county-level election cycle.

Given the County budget mess, the incredible pressure to fund the schools, existing debt obligations, new costs and lost revenues, threats are a non-starter. And, as Jim and Mark seemed to have forgotten, when the county commissioners (BOCC) pushed through election districts, Chapel Hill citizen’s leverage was somewhat diluted.

Our leadership must work with the BOCC on adequately funding the library using a more positive approach. Sure, we shouldn’t continue to accept “nice words that … are worth zero” as Jim Ward said of the Commissioners (Greg Childress, Herald-Sun, 01/26/10) but we also can’t expect to get blood from a turnip.

The best approach, I believe, is to jointly identify sources of funds, possible cost savings made possible by collaborating on other issues, to find the money we need for operating the facility.

That said, “absorbing” additional debt alone should push the start date of the expansion off until next year.

The Town Manager is recommending that as the Town retires existing debt we take on new debt by issuing the Library bonds. That might be a sensible approach if our Town wasn’t already burdened by an incredible debt load – historically unprecedented – during such a troubled economic time. The Town needs to retire existing debt, bring our reserves back up and take a small breather before launching into another spending spree.

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Here is what I meant to say at this evening’s Council meeting.

Like a lot of my remarks, I find myself editing on the fly, so what I managed to get out in less than 3 minutes wasn’t quite what follows but I believe I made the points I needed.

The simple summary?

We can’t do the Lot #5 (140 West) project and the Library expansion together. Lot #5 hasn’t met its goals, the cost/benefit ratio is decidedly out-of-whack, the necessity quite clearly not there anymore.

Further, the Library expansion project needs to be delayed until taxpayers can bear the total cost. Beyond that, we need to request an extension from the North Carolina Local Government Commission to allow issuing bonds beyond the current deadline so when it is fiscally prudent we can move expeditiously.

Finally, public participation, once again, is barely considered.

Tonight’s remarks:

In 2010 you will be making several key budgetary decisions whose impacts will span the next decade – the Lot #5 (West 140) and Library expansion – two examples.

Lot #5 represents the greatest and riskiest fiscal liability going forward that can be safely dispensed with.

Part of the sales pitch made by some on this Council is we needed this project to kick-start development Downtown.

With Greenbridge nearly built, University Square poised for redevelopment, approval of Grove Park – which will displace the affordable Townhouse Apts. on Hillsborough St. with luxury condos – and other Downtown projects on the way it’s clear that we don’t need that supposed stimulus Lot #5 brings anymore.

It’s time to reconsider this troubled project especially given that:

1) the cost reductions that allowed RAM to lower prices haven’t been significantly passed on to the taxpayer,

2) the number of units pre-sold hasn’t grown in-line with price reductions (33 units pre-sold so far, down from the reported 2008 commitment of 35).

3) the open-ended nature of the cost of the environmental cleanup is still being underplayed,

4) the University at University Square has already put forward a much more sound, interesting and integrative proposal (123 West Franklin) for that stretch of Franklin St. than the expensive – at least to the Chapel Hill taxpayer – Lot #5,

5) still up in the air how we will borrow the money – COPs, TIFs, etc. In any case, however we borrow the $9-10M or more it will limit the Town’s ability to prudently respond in funding core needs,

6) and from what I can see in RAM’s recent missive ( RAM Dec. 22nd, 2009 letter [PDF]) no effort has been made to involve the nearby business and residential community in discussing mitigation of the type of construction-related problems that have plagued Greenbridge or even apprise their future neighbors of current developments (let alone present a coherent and consistent story to the local press).

Three years out and no significant improvement in the proposal. Three extensions to the contract granted by Council. Lot #5 should be shelved now so that the Town can take projects that are more central to its charter.

What does this have to do with the Library?

I want to see the Library expanded but now is not the time.

The memos before you [here] paint a fairly rosy picture of the borrowing in terms of adopting new debt but they don’t do a very good job in putting that increased debt in context of our already astonishing – at least by historical Chapel Hill standards – debt load.

Memo #A, in fact, disingenuously characterizes the increase to homeowners using examples of property valuations well below ($200K) the Chapel Hill baseline.

Look at the chart in Memo #A. The rate of increase in the debt load – that rapidly increasing impact on the Town’s flexibility in borrowing – running our debt right up to the debt ceiling for our AAA bond rating – starts in late 2012 and zooms steeply from there.

Of course, besides adding new debt that and anticipated G.O. additions will account for roughly several cents on the current tax rate while the real kicker is the growth in cost of Library operations – which appears to be even more significant.

Worse, the continued structural instability and weakness of our economy gets short shrift.

Now is not the time to take on a large forward liability.

Making a decision based on these figures tonight will be guaranteeing a tax increase or steep cuts or just ignoring basic obligations two years hence.

Here are my suggestions:

1) Shelve Lot #5. We can have a Library expansion – hopefully starting next year – or we can have Lot #5 – we can’t handle both.

2) The Library borrowing should be delayed until prevailing economic conditions show signs of improvement – strengthened sales tax revenues, stable fund markets which will lend money at a more favorable rate – say less than %100 of the 20 year Treasury bond ratio.

3) Have staff prepare a request to NC Local Government Commission to extend Chapel Hill’s time limit for issuing these bonds so the Council and community have adequate time to plan.

4) Use the established public budget process which kicks off next week [2/3/2010 7:00 PM Council Chambers Townhall) to discuss the Library in light of all our Town's needs – competitive staff wages, affordable housing reserve funds, the growing retirement fund deficit (Unfunded Liabilities: Pay As You Go Not Sustainable) among many others.

Last Fall many of many on Council obligingly participated in a special “emergency” meeting to acquire Dawson Hall for police and other key Town services. That urgent need hasn't gone away – the police department's facility still needs attention - why isn't that part of the rosy projections?

Our citizens deserve a diligent evaluation of the cost of the Library expansion and operations within the context of our total budget and foreseeable needs - not wants.

They also deserve to participate - not just get an agenda item 3 days before a decision is scheduled.

5) Finally, postponing tonight will give you the opportunity to carefully consider this proposal in light of all your priorities, give you time to evaluate the rosy picture drawn by these memos against your own understanding of the economy and think about how to engage the community during this weekend's Council retreat.

In addition, it buys needed time for the public to review the current proposal, attend the budget sessions, ask their questions, get their answers and finally weigh in in a thoughtful manner.

Thank you.

[UPDATE: Council Postpones Consideration]

From tonight’s Council flash report:

Consideration of Proceeding with the Library Expansion Project: The Council considered the project schedule and associated costs for expansion of the Chapel Hill Public Library. The Council delayed action and indicated its desire to discuss the expansion costs in greater detail and in the context of the entire Town budget. The Council stated it wants to know what level of funding Orange County will provide toward Library services.

Orange County provides no capital support toward the Town’s Library expenses; this includes all past and present Library construction costs, debt service for same, equipment or special project costs. County support toward Library operating expenses has remained at $250,000 since 1995 and represents 11 percent of this year’s Library operating budget. About 12,000 of the Library’s patrons live in Orange County outside Chapel Hill limits. The number of materials borrowed by these patrons was 386,000 items last year. This represents approximately 40 percent of the Library’s annual circulation.

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Given the time of year and Durham’s recent problems in protecting the Lake Jordan watershed, the fiscal impact of mitigating damage which might well be shared by Chapel Hill’s taxpayers, I was tempted to title this post “Trick or Treat on NC54?”

Even if the “development process is broken in Durham”, as LaDawnna Summers, who resigned from Durham’s Planning Commission over the Lake Jordan mess, it is important that both Chapel Hill’s elected folks and greater community engage directly in the NC54/I-40 corridor planning process.

Thirty years ago, when I first came to Chapel Hill, I drove into town on the scenic two-lane NC54 (I-40 from RDU on was still a set of dotted lines on a map). The beautiful pastured hills to the north are now covered by Meadowmont. The woods and vales to the south, by the Friday Center and office parks. And the majestic hill-side entry to the University? Now obscured by the “anywhere USA belt-line architecture” of the road hugging East54.

The process starts Wednesday, Nov. 18th, 2009 from 5pm to 8pm at the Friday Center [MAP]

What: NC-54/I-40 Corridor Study Public Workshop #1
Who: Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO), City of Durham, Durham County, and the Town of Chapel Hill
When: Wednesday, November 18, 2009, from 5 p.m. to 8 p.m.
Where: William and Ida Friday Center for Continuing Education
100 Friday Center Drive Chapel Hill, N.C. 27599-1020

Fast Facts:

  • The Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) will host an interactive community workshop on November 18 to obtain guidance on developing a blueprint for mobility and development in the NC-54/I-40 corridor, a critical gateway linking the City of Durham, Town of Chapel Hill, and University of North Carolina at Chapel Hill.
  • The NC-54/I-40 corridor serves as one of the major gateways between Chapel Hill and southwest Durham, with its interchange with I-40 consistently ranking as the top congested location in the region. Development pressures within the corridor coupled with mobility and capacity issues have highlighted that the existing and planned transportation infrastructure is insufficient to accommodate growth and address land use and transportation problems.
  • To develop land use and transportation strategies to preserve this important corridor, the DCHC MPO, the City of Durham, Durham County, and the Town of Chapel Hill have begun a corridor study to analyze short- and long-term land use issues and multi-modal transportation problems, evaluate opportunities and challenges, and recommend short- and long-range land use and transportation solutions and strategies along the corridor.
  • The vision of the DCHC MPO is to develop and implement transportation plans that are multimodal and that fully integrate land use and transportation issues. To achieve this vision this study will:

    • Clearly define a realistic “blueprint” for an integrated growth and mobility strategy for the corridor;
    • Establish a development framework that strengthens multimodal travel options and reduces vehicle miles of travel;
    • Improve operations, safety, and travel time; and
    • Categorize strategies into near, mid-term, and long-term phases.
  • A critical component of this study is public outreach and involvement. Three public
    workshops will be held as a part of this study, which should be completed in June 2010.

    • The first public workshop on November 18 will present the community profile and
      solicit input on issues, opportunities, and trends to guide the development of future
      scenarios.
    • The second public workshop, tentatively scheduled for late winter 2010, will evaluate
      alternatives and seek public input in the selection of the preferred scenario.
    • The third workshop, tentatively scheduled for spring 2010, will give participants an opportunity to review and refine the corridor master plan and provide input on setting priorities for multimodal transportation and land use strategies, implementation strategies, and phasing.
  • Once the study is finished, the final master plan will be presented to the local and regional
    policy boards and used to inform transportation/traffic analysis, land use decisions, project
    planning, and funding priorities.

    • The total cost for the study is $257,432 with 80 percent of the funding coming from federal transportation planning funds and the remaining 20 percent funded jointly by the City of Durham, Durham County, and the Town of Chapel Hill.
    • Residents interested in joining a group of citizen contacts for this study should contact Leta Huntsinger with the DCHC MPO at (919) 560-4366 ext. 30423 or via email at leta.huntsinger@durhamnc.gov. For more information about this study, visit www.nc54-I40corridorstudy.com .

More on Summers’ resignation:

(more…)

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As some of you folks know I’ve been involved – as a citizen – fairly deeply in the attempt to create a successful agreement between UNC and the Town managing growth of the massive Carolina North project.

The Carolina North project could either contribute greatly to or severely diminish the quality of life in Chapel Hill.

To succeed we need a comprehensive agreement that we all can live with. It needs to be fair, not shifting significant costs onto local residents. It needs to manage impacts so that water, air, noise and traffic concerns don’t spill over into the wider community. It needs to meet the needs of the University while honoring the community in which it thrives. It also has to have understandable consequences, demarcated trade-offs and a compliance regimen that UNC will follow.

I’ve attended almost every forum, meeting and public hearing. Suggested improvements in both process and content, more than a few which have been incorporated into the CURRENT draft.

When Council started the final phase of the process, the creation of a binding legal contract between the Town and UNC governing some period and extent of development on the Horace-William’s Airport tract (Carolina North), I took the firm position that their schedule was too aggressive, the amount of work clearly underestimated.

Unlike a traditional development zone, once the agreement is signed the Town – which is us – will be bound not only to the agreement’s stipulations but the supplementary addenda – most notably UNC’s Carolina North Design guidelines [PDF] (which envisaged 8-story buildings lining Martin Luther King Jr./Estes).

There are many moving parts to the agreement – each serving a vital function: protecting the environment, maintaining nearby neighborhoods’ integrity, providing a flexible and transparent process to manage UNC’s growth, etc.

I argued then, as I do today, that the schedule – which has become even more arbitrary (no money to build) – would severely limit the Council’s and wider public’s ability to review and digest the final agreement.

I knew that the bulk of the work would be rushed at the finish line with the public short-changed in the end.

Many of the meetings I would start my comments by pointing out that the public was ill-served by the continuing trend of providing key documents late, incomplete or not at all. As recently as last Thursday’s “public” information event (more like window dressing) the revised development agreement was not available until nearly 6pm (for a 7pm session!).

The information session reviewed a version of the agreement, completely reorganized and extended, with folks who had no opportunity to have read it (I had my laptop and was scrambling to both read the new revision and find out if my prepared questions had any relevance anymore).

Worse, I had to guess on where to find the correct revision (it is here [PDF], not available as a markup or clean version as noted on Monday’s agenda here) [I notified staff later that evening - the problem still exists as of 4:30pm Sunday].

How can Council hold a public hearing on a development agreement that is unavailable to the public 24 hours prior?

They can’t but they will.

Unfortunately, with key underlying studies delivered nearly a year late, with the development agreement still in flux, informal public input not only not fully integrated but cut-off, my prediction of a rush to failure was all to correct.

Council is poised to adopt an agreement incorporating hundreds of pages of supplementary material that they and the Town Manager have not fully read (watch June 8th’s Council meeting) , that is not – as of June 15th – finalized and that continues to have several substantial points of contention – including major traffic issues and costs essentially amounting to a yearly fee of up to several hundreds of dollars per homeowner.

Worse, the current draft agreement is peppered – just like a lousy credit-card deal – with “to be determineds”.

Without a firm contract and the time to adequately review it, the public continues to be ill-served (heck, when you buy a house you get at least 3 business days to back out after signing – and that contract has legal boilerplate that is well-established, one house instead of 3 million square feet of development and an established legal framework to protect your rights).

Why Council is insisting on adopting an agreement that is unfinished and unread? Why not limit the term from 5 to 8 years, the scope to 800,000 to 1,000,000 square feet to protect the public’s interest in maintain our quality of life? Why the rush?

Please contact Council here and ask them to grant the public fully 60 days to review a complete and finalized agreement.

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Today’s Chapel Hill News carries an interesting story from Jesse DeConto on concerns circulating around the misfire (not to sugarcoat it) known as East54. The story, which was as much about how the “dense/tall growth at any cost” Council majority’s vision is running up against reality, as it was the anonymous “I could be in Atlanta or Charlotte” East54.

OK, even though I wasn’t thrilled with East/West Partner’s “virtualization” of Chapel Hill, I did credit them for committing to meet the Leadership in Energy and Environmental Design for Neighborhood Development (LEED-ND) standards (though Council wasn’t clear on what to do if the project didn’t meet those goals).

But does that justify such a pedestrian (to be nice) heap?

I expressed my concerns about the trade-offs – minimal setbacks, in-lieu monies instead of affordable square footage, height on Highway 54, traffic patterns, etc. – but was in the minority as the project sailed through an orchestrated “public review” (count me in as one of East/West developer Roger Perry’s “vocal minority” that unfortunately points out that the current sustainability political palaver is parading sans clothes).

Though the story tried to be balanced, it appears, as reported here to have raised the hackles of a few folks.

I understand the realities of today’s news media but I really wish the CHN had spent a bit more time using the “wayback machine” to contrast today’s political posturing from the more “veteran” of the Council folks (including those up for re-election) with what they stood for when they were more than happy to push East54 (and Woodmont) right on through based on a strange read of sustainability.

More on that later.

Bill Strom, following his usual strategy of playing to his “expertise” in transportation, said

“It’s a change in the development pattern, but the guiding principle there is that it is at a regional rail stop,” said Strom. “In order to get federal and state support for these projects, you have to have density organized in a way that promotes ridership.”

Yes, approval of that pile of nondescript architecture, looming over the Glen Lennox neighborhoods and serving as the “de facto” gateway to Chapel Hill, was justified by a rail stop coming sometime mid-century.

This is what passes nowadays for cogent analysis.

In any case, I’d rather leap off the train ala “Slumdog Millionaire” than alight on East54’s commercial doorstep.

Is there an alternative I believe is better?

Sure. Look east to Durham’s new multi-modal public transit station which will serve the Bull’s ballpark, the “white elephant” (Durham’s County jail), Downtown Durham and the American Tobacco complex. Downtown shopping, the Durham Performance Center and Theater, the Durham public library and Arts Guild is not that far away.

The glass heavy design (not sure the role environmental concerns played there) would not be fitting for Chapel Hill but every time I drive by the construction site (finishing this month) it seems like the unfolding design complements Durham’s retrofitted Downtown. Of course, like other Durham projects, the budget was blown – not unlike Chapel Hill’s Town Operations Center.

Central. Convenient. Complementary to its urban environment.

More on Durham’s multi-modal transit station backstory from the Urban Planet forums.

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[UPDATE]

The Daily Tar Heel’s Emily Stephenson chimes in here (DTH ‘blogs). A story on yesterday’s poor turnout here.

[ORIGINAL]

Earlier today (Nov. 19th), UNC’s Board of Trustees approved the draft Carolina North design guidelines making the proposal official UNC policy.

This evening, the first in a series of informational/public feedback sessions on Carolina North was held. With the creation of the Carolina North development agreement well on its way, the Council’s explicit call to advisory boards to attend, if possible, and the aggressive schedule to meet next July’s commitment, I expected a fairly full house.

Crowded house? Not the case.

The meeting started with roughly two dozen citizens in attendance. By the time Jack wrapped his presentation covering UNC’s design intent the group of interested citizenry was down to 19. At the end of the Dr. Owen’s presentation, covering the development agreement process, only 17 non-staff/non-press folks remained. Of those, eleven were drawn from the “usual suspects” ( Fred Black, Joyce Brown, Fred Stang, David Godschalk, George Cianciolo, Lynne Kane, Mike Collins, Loren Hintz, Ed Harrison, Bob Henshaw, me).

Disappointing! As Carolina North’s development director Jack Evans noted this evening, the formal process for approval has begun. The first phase of Carolina North is on its way.

Chapel Hill residents need to wake up and show up.

Every resident will eventually be affected by Carolina North’s development. At least 5 advisory boards will be consulted on both the outline and details of the development agreement. Community groups like the Friends of Bolin Creek and Neighborhoods for Responsible Growth (well represented this evening) could play key roles in shaping the discussion.

There is quite a bit of work before the community. If we follow Pal Alto’s trajectory, the development agreement – which is, as Dr. Owens pointed out again this evening, essentially a binding legal contract – could swell to 200+ pages over the next 8 months (that’s 25 or more pages of detailed legal requirements per month – a heavy responsibility). Those pages will dictate development over a long period. Once set, unlike zoning ordinances, the ability to tweak conditions requires mutual agreement. Mistakes could be difficult to correct.

The community has a tremendous opportunity to shape the outcome at Carolina North. Both UNC and Chapel Hill’s Town Council agreed to involve the public at every point in the process. But, so far, Chapel Hill’s citizens have not turned out.

The negotiations between UNC and the Town will continue to accelerate. The momentum is building rapidly. My concern is that by the time citizens go into reactive-mode – recognizing missing elements in the plan, trying to wedge in protections beyond those outlined – the inertia will be too great and the time too short to significantly change course.

Now is the time for public concern. Now is the time for community involvement.

Because of the extensive impacts Carolina North will have on this community over the next several decades, I’ve asked Council to “bang the drum loudly”, to go beyond simply inviting the public into the process. We need to seek out folks, develop multiple avenues of engagement and draw them into the discussion. That said, at some point it comes down to whether our citizens want to shoulder their part of the burden and work on behalf of folks that will live here decades hence.

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Do you recognize the following scene?

This is East West Partner’s revisionist view of Chapel Hill as improved upon by their East 54 project. They have provided a cool animation of the eventual East 54 living experience.

One small problem.

Their Chapel Hill doesn’t match reality.

What is it about big time developers and their desire to re-conceptualize reality?

From what I hear, East West Partners are working hard on their Leadership in Energy and Environmental Design for Neighborhood Development (LEED-ND) certifications. East54 could be the first North Carolina development to leap LEED-ND’s hurdles. An accomplishment well worth noting if they run the whole race.

Isn’t that worth overlooking a little virtual retouching of Chapel Hill?

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I wasn’t able to attend the spoken-word event concerning the corrosive effects of Greenbridge on Northside last evening, but according to the Daily Tar Heel, it stirred some sharp discussion.

UNC junior Kane Smego, who performed slam poetry at the event, described the project as two towers, “one 10 stories, the other seven — like a middle finger to the Northside.”

The Greenbridge promotional video added some controversy:

The video features interviews with black Northside residents recounting family history intermixed with narration about the proposed Greenbridge site.

Many of those featured in the video now say their words were taken out of context and misconstrued to seem as they were in full support of the project.

“I didn’t realize what I said was going to be used in that manner,” said Dolores Bailey, a Northside resident who was featured in the promotional video. “So that bothers me a lot.”

Delores (not Dolores) did support Greenbridge’s zoning application though she also wanted to carve out a better deal for the neighborhood:

Delores Bailey, a Northside resident, pointed out that Greenbridge could help but would not solve all of the problems in that area of Chapel Hill and/or Northside. She said the notion that preserving downtown is more important than preserving a neighborhood makes her “shudder.” Ms. Bailey said there were people in the neighborhood who did not understand that Greenbridge would be 10 stories high. She proposed putting half of the affordable units in the neighborhood, adding that this would address more needs. Ms. Bailey said that developers had listened, and that even though she had problems with the project she supports it because it is an attempt to work with the neighborhood and an understanding that some people will be living in its shadow. She stressed the importance of Greenbridge being respectful of the neighborhood and not making it feel shut out.

As far as that shadow, I argued that the socio-economic shadow this throws across Rosemary was not adequately discussed or evaluated (the physical shadow is pretty large also).

Alum08 at the DTH said:

It’s truly unclear what NOW is hoping to accomplish. This organization’s sole achievement has been complaining about something it does not fully understand. Additionally, this is all final and in the past. Why, as bright Carolina students, are we focusing on this instead of the future?

The future Downtown, at least as it is constituted by our current leadership, is high – high cost, high density, high buildings. The consequences, especially the long-term cumulative consequences, have not been adequately evaluated by our community.

Here’s a comment I left at the DTH:

It’s a shame that this dialog didn’t happen when the project was going through the approval process. I was one of the very few folks that stood up to challenge the project. I took a lot of heat for pointing out that this project would accelerate the gentrification going on not only into Northside but spreading South to Cameron, West to Pine Knolls, etc.

There are other shoes to drop here: the commercialization of Rosemary to the North, the cumulative impact of the Town’s Lot $5 project/Short Brothers project/University Square redevelopment on the nearby neighborhoods, the gentrification of nearby local businesses (how long will unsubsidized local business last as their rents rise or landlords redevelop to attract boutique shops?) and other corrosive effects of the high-priced/high-density vision our Council maintains.

Delores, as well as did other local leaders from organizations like the Hank Anderson Breakfast club, supported the project wholeheartedly. It was quite difficult to contest the social justice issue in the face of their support.

There’s a lot to like about Greenbridge, even as it sheds some of its “green” cred. I argued it was in the wrong place and that it would exacerbate the community displacements seen in Northside, Cameron and Pine Knoll.

Again, while Greenbridge is a “done deal”, there is still an incredible need to explore these other issues. I’m glad some other folks are taking up the challenge.

Characterizing Delores’ acquiescence as wholehearted is maybe too strong a sentiment but as I recall, in the end, there wasn’t a lot of struggle to get the final approval.

If there’s one lesson to be learned from last night’s event it is that our Town needs to look at improving our community outreach effort, get creative and more expansive, in order to build a broad consensus.

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In my application for the Council seat, I called again for Council to sponsor a thorough, wide-ranging and comprehensive community discussion on development density.

How high, how dense?

Last Spring, Council decided to end their pursuit of high density development zones. We need to restart that discussion. We should take the recent work on twisting RSSC into a palatable high density zone and start fresh with the density discussion.

Our community might not embrace high density, but if we’re going to allow high-density development to go forward civic duty demands we have a clear, honest and open discussion among not only Council and those developers wishing to use a new zone but the wider community.

We won’t have to wait on Council to initiate that discussion. Dec. 10th, Neighborhoods for Responsible Growth (NRG) is holding a forum meant to begin a community conversation on acceptable limits to density and growth.

Dear NRG neighbors and supporters:

Mark your calendars for December 10, 2008!

Chapel Hill 2020: where are we headed?

Neighborhoods for Responsible Growth will hold a public forum on growth, density, and the future vision for our community on the evening of Wednesday, December 10, 2008, in the Chapel Hill Town Council Chambers, from 7 p.m. to 9 p.m.

As our community has grown, the need for a community-wide discussion on how we want our town to look has become acute. More and more citizens are expressing uncertainty and concern about what degree of density is most appropriate for our community, and where the best locations for it might be.

NRG believes that our region will develop best if it develops based on a comprehensive vision that is understood and endorsed by informed citizens. The goal of this forum is to kick off a community-wide discussion of these issues. NRG will be broadcasting more information as the agenda and speaker list firms up. But for now:

- Mark your calendar for this event

- Please forward this e-mail to any and all potentially interested friends and neighbors

- Please send any questions to NRG by return response to info@nrg nc.net

Thank you, and please watch for more details on this important event!

Julie McClintock and Kristina Peterson

Co-Chairs, NRG www.nrg-nc.net (email) info@nrg-nc.net

Like they say, mark your calendar for what promises to be an interesting event.

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Here is my formal application to fill Bill’s seat.

I agree with recent Council comments that their new colleague must be “ready to hit the road running”. To do so, an applicant should be prepared, involved and experienced.

Council already has a demanding workload. Over the next 7 months two major challenges – troubled finances and the Carolina North development agreement – along with a number of demanding development,technology and operational issues will strain Council’s capacity to deliberate and decide with the due diligence Chapel Hill’s citizens expect.

I am prepared to take on both the substance of issues – mundane or otherwise – and the time demands (280 hours alone over the next 7 months) necessary to do the job at a level our community deserves. On many issues I’m prepared and already up to speed with no steep learning curve to climb.

Over the last 7 years Council has become familiar with my work ethic: creative, hard-working, dedicated.

I have been an entrepreneur, a consultant, a manager, an executive officer of successful startups. My experience balancing budgets, managing employees, collaborating with customers, finding pragmatic solutions and meeting tough time constraints will assist me in fulfilling Council’s requirement that an applicant be ready – day-one – to serve.

I’m involved with a broad spectrum of local issues: protecting the environment, community outreach, increasing diversity, Town finances and fiscal responsibility, economic development, Downtown revitalization, UNC growth on main campus and Carolina North, civil liberties, affordable housing, treatment of the homeless, building a framework for mutually beneficial negotiation between Town and Gown, hands-on arts, infrastructure enhancements, election reforms, solid waste management, airport relocation and more.

I’ve attended hundreds of meetings, researched deeply, developed informed opinions and offered innovative improvements on many of the issues a new Council member will face.

I have also fought, irrespective of concerns of popularity and political consequence, to bring the best policy to the table. My allegiance is to my conscience. I have no hidden agenda and will continue to fight for solutions that are fair and just for all residents.

Tapping Chapel Hill’s creativity is a cornerstone of my activism these last seven years. I will continue my efforts to draw in the wisest public counsel, to temper Council desires with wide-ranging public input. Without a seat on Council I have helped folks shape this Town for the better. With a seat – tapping staff resources, liaising with advisory boards, shaping Council decisions – my effectiveness serving will only improve.

My experience with UNC and the Carolina North plan, my advocacy on improving the Town’s financial condition and my record of promoting the broadest community outreach meshes well with the leadership requirements of the next 13 months.

I will focus on non-controversial goals: setting Chapel Hill on a firm financial foundation, preserving those Chapel Hill qualities we cherish, creating new economic opportunities and promoting the broadest of public participation.

There are many ways to serve ones community. I’ve done quite a few – hands-on volunteering, advisory board member, community organizer, activist. Like Flicka with her neighborhood sewer problem, I started out with a small issue and now, like her, find myself asking Council to let me serve our fine community as their colleague.

Finally, I can’t fill Bill’s shoes, but I will honor his memory by working-hard to improve Chapel Hill for all our diverse residents.

That is my pledge.

Further background: what I’ve done lately, where I would serve and what I would do.

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Julie McClintock presented the following comments on behalf of Neighborhoods for Responsible Growth (NRG) to Council during Oct. 15th’s public hearing.

I had to chuckle when NRG’s request for an online progress tracking system stirred Council’s interest. Why? I proposed a work tracking system for Planning when I first got involved in local government 8 years ago (it was part of the “technology manifesto” I used to flog as old-timers might remember). The now defunct Technology Board not only endorsed this type of system several years ago but stirred Council to tentatively approve a move forward. In spite of an outside technology assessment that echoed that endorsement, there has been no substantive progress.

Over the last 8 years I’ve seen so many constructive, creative community suggestions bite the dust through inaction. I’ve also seen good ideas resurrected through repetition. I hope that NRG’s boost we’ll stir action this time around.

NRG’s comments:

I’m speaking tonight on behalf of Neighborhoods for Responsible Growth.

NRG is pleased that the Town Council and UNC are taking a broad look at all the options in regard to the development of the Horace Williams tract and Carolina North. Considering the size, scope, and potential impact of this development, we feel it is extremely important to consider it in full context and to be willing to consider creative approaches. We look forward to the discussion, and would like to make a few comments for your consideration.

Community involvement and information will be critical during this process. Many in our community do not yet understand the importance of what you are considering tonight – potentially implementing a Development Agreement with UNC. To most, it is simply the latest of many processes involving the 900 acre Horace Williams tract. The most recent of these produced two useful products: The Horace Williams Citizen Advisory Committee Report and the Leadership Advisory Committee report. UNC presented a concept plan several times to the Town Council but no action was taken.

The Development Agreement approach offers both benefits and disadvantages. The chief element of this approach is that you will be settling on a framework which will contain specifics about the new campus, such as density, building types, placement, design and public facilities. While this approach offers many potential benefits, the main disadvantage is that once the agreement is adopted, it becomes impossible to modify or amend the plan without the agreement of both parties.

We are also concerned that the over-all process and schedule as recommended by the Joint Staff Working Group will be very confusing to the public. As we understand the proposal, we see two processes underway at the same time – one going on with the Trustee and Council meetings drafting an over-all agreement, and at the same time a series of text amendments working their way through Town Advisory committees and Council review.

Everyone is fully aware, especially in these uncertain times, of the need to get this Development Agreement right the first time. We are deeply concerned that the schedule may be too demanding and intricate for the public to follow and give meaningful input. It is clear that the schedule is currently being driven by a June 09 change in membership of the UNC Board of Trustees. However, Roger Perry stated at the September 25 meeting that the UNC Board of Trustees has already given him and Robert Winston the authority to represent the UNC Trustees in this matter. Additional new members are unlikely to depart from this approach.

Therefore, we would like to offer these recommendations to improve the process, should you decide to move ahead with a Development Agreement with the University of Carolina for Carolina North.

1. Input from public. During the next year, we recommend that the Council develop a specific and robust schedule for public input to your framework meetings. We suggest at least two public hearings on the progress to date on the UNC-Town discussions in order to provide greater feedback from the community.

2. If you decide to go forward with an Development Agreement, we request a longer timeline so citizens will understand what is on the table for public input. We urge you to delay text and zoning amendments until you and UNC are satisfied with the outlines of the plan. In past negotiations we have seen the staff undertake much work which was later not used.

3. Place on the town website a tracking and notification mechanism that will allow citizens to remain informed and in the loop as the process moves forward. This would be in addition to a notification and tracking system regarding ongoing development projects in general.

We look forward to sharing specific suggestions and recommendations as the process unfolds.

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The agenda just went online (a full 5 1/2 hours before the meeting ;-) ). The good news is that the various foundational studies are nearing completion.

The Council and Trustees have concurred that the current Carolina North discussion should build upon rather than replicate this prior community, Town, and University work. The additional background data and analysis requested in these prior discussions is now complete or nearing completion. The ecological foundation studies are complete and will be formally submitted by the University next week. The University has revised its long range development plan and will also submit that next week. The consultant reports on fiscal impacts and transportation are nearing completion and will be submitted over the next six to eight weeks.

Two major areas of discussion tonight: schedule and scope of work.

Now that the schedule is laid out, my concern on both managing the workload and dealing with community outreach effectively has grown. For instance, both the tardy fiscal and transportation studies are slated to be delivered November 26th and December 8th respectively, which doesn’t jibe with the 6 to 8 weeks quoted above.

If these studies are as comprehensive as Council, the BOT and community requested then time needs to be built into the process to evaluate their contents. These studies haven’t been characterized as “foundational” on a whim.

The schedule references “public comment” periods but no community outreach events. I’ve asked the Carolina North Joint Working Group to go beyond the normal “invite and we’ll listen” approach to community involvement. If we are going to serve the public well, we need to get out in the streets and bang the drums loudly. Time needs to be allocated to make this extraordinary effort.

The first public hearing is scheduled for May 11th, 2009, really late in the process. We shouldn’t backload a public information dump but feed a steady stream of updates – via the website, community outreach, roundtables, charrettes – as the particulars of the development agreement come together.

It isn’t clear if the informational meetings scheduled Nov. 20th (before the studies are submitted), Jan. 29th, March and April 1st are one way affairs or if the public will be able to participate actively. Mayor Foy did suggest “workshop” type events.

As far as scope of work, there is high level outline that needs to be further fleshed out. Big bullets like “traffic”, “parking”, “sustainability” have to broken down into workable subcomponents.

The biggest omission? The new “base” zone. Dr. Owens, our UNC mentor, suggested that the “base” zone could be simply constructed – basically saying that this zone’s requirements are controlled by the development agreement and any secondary legal obligations the development agreement is contingent on.

I respectfully disagree.

We need a “base” zone that acts as a safety net. Unlike traditional land use management, where property can be rezoned to tighten or loosen restrictions at nearly any point in the development approval process, the Carolina North development agreement will lock the Town into a particular set of requirements that cannot be modified.

The most prudent course is to design a catch-all zone that establishes baseline conditions for developing Carolina North. This way any issues not anticipated by the development agreement will be managed successfully using the “base” zone safety net. While UNC’s master campus OI-4 zone should inform the development of this new “base” zone, I don’t believe it is an appropriate model for the new “base”. OI-4 was developed to manage growth on a nearly mature, well-encapsulated campus going through its last major building throes.

The new zone needs to manage piecemeal growth spanning decades. Not an equivalent task.

There is a lesson to be taken from OI-4 – we must avoid the mistakes made in its creation process. If Council decides to create a new zone that will act as a safety net, it will have to do so fairly rapidly. As I suggested at last weeks meeting, the zone should be sketched out independent of but in cooperation with the existing Planning Board. A new task force – hopefully with a few members of the Horace-Williams Citizens Committee who helped develop the Carolina North guiding principles – should work concurrently to establish this “base”.

The other night I found out that while I was the only citizen to speak, I wasn’t the only community member at the first development agreement meeting. Bob Henshaw, Cindy Henshaw’s husband, a resident of Piney Mountain Road – the neighborhood first affected by Carolina North development – came in a little late.

I’m hoping that more folks join us this evening.

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Quick reminder that there is another joint meeting between Council and UNC’s BOT representatives tonight (Oct. 22nd) from 7 – 9:30 pm at the Chapel Hill Public Library (no agenda online – boo!).

Tonight’s meeting continues to flesh out the policy surrounding use of a development agreement for Carolina North (previous posts here and here).

More on the nuances of development agreements here: Exactions, Dedications and Development Agreements Nationally and in California: When and How Do the Dolan/Nollan Rules Apply [PDF] and Development Agreements: Bargained for Zoning That is Neither Illegal Contract or Conditional Zoning [PDF]. Description of some possible legal pitfalls here:

  1. NJ Supreme Court Holds that a Development Company Cannot be Required to Pay More than its Fair Share of Off-Site Improvements, Irrespective of Development Agreement
  2. Zoning Requires Uniformity and CA Appeals Court Says Developer Agreement is Not a Substitute for Rezoning
  3. DURAND V. IDC BELLINGHAM, LLC:TOWNS FORSALE?

The Durand case is interesting. The development agreement between Bellingham and a developer was set aside by the Massachusetts Supreme Judicial Court because “rezoning action was tainted and improperly influenced by the presence of a large cash gift from a developer”. In that case, an $8 million payment to the municipality for “general use” in return for zoning consideration was considered improper.

Here’s a brief outline of my comments to Council at the Oct. 15th Public Hearing on Guiding Development at Carolina North (video of the meeting here).

Tonight you are being asked to approve a resolution that does three things: start the development agreement process, create a base zone for Carolina North and agree to a timetable.

I endorse moving forward with this resolution
  - flexibility and predictability
    - caution: flexibility is a double-edge sword - make sure requests comply with:
        + LUMO, comprehensive plan
    - exactions outside normal zoning law
    - secondary agreements - lease, easement, contract extending reach of
    - mechanism to extend beyond term of team members
      - process must live outside of tenure of negotiators
         + not an agreement between Mayor Foy and Chairman Perry but current
           and future Councils/UNC BOTs
      - "escape hatch" - resolution doesn't bind us to development
         agreement

CONCERNS

-- process
   - transparency
     - ex parte communications - no side comments like Barry Jacobs/UNC airport
   - evidentiary process
     - apply to some part of the process
     - establish factual basis for agreement within a couple quasi-judicial proceedings
   - public hearings/outreach
     - multiple checkpoints in process - let public know of progress
     - website FAQ/all questions asked by public, answers online
     - "bang drum loudly" - seek out neighborhoods, don't expect folks at public
       hearings

-- other questions
   - impact fees not normally assessed elsewhere, how does this
     fit with fiscal equity
   - "freeze" rules, most examples compatible underlying zone
      new zone - explain flexibility
   - application of general development philosophy, requirements to out-parcels...
     - Airport Dr.
     - Duke Energy parcel
     - method to incorporate other parcels under guiding philosophy

-- schedule - aggressive - huge undertaking - lots of moving parts
   - number of concerns need to be resolved ASAP
     - clear list of UNC "will and will nots"
       + LAC process has already high-lighted a few/formalize

-- new zone
   - developed outside of but in cooperation with planning board, highly public
   - OI-4 controls a built-out footprint, new zone more open ended
   - new zone needs to go beyond "base"
     + zone will act as safety net
     + effectively manage unanticipated edge cases, etc.

-- fiscal, transportation, other studies not ready
   - need to merge their schedules into dev. agreement schedule

-- requirements complimenting/exceeding zone and LUMO guidelines
   - new task force
     - HWCC environmental elements - light pollution, air particulate
       + measurable goals parking ratios, noise, particulates, light, etc.

-- specific metrics - "best in class"
   - Arizona/Hawaii light pollution
   - air particulates
     - energy budget/carbon footprint
     - AIA 2030

-- enforcement provisions - look at "best practice"
   - loose enough to manage mistakes, tight enough to control growth

-- secondary legal agreements
   - usually implement elements outside zoning requirements
   - who will develop - lawyers from Town or UNC or both?
   - who pays?

-- multi-governmental negotiations/agreements
   -  Is there adequate time for multi-governmental cooperation?

-- cost management
  - defray costs to Town
    - building permit fees won't cover upfront planning dept. costs
     + chip away good idea
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