Carolina North: June 15th’s Missing Documents

Monday, June 15th, 2009

Quick note, the Town, this morning, has fixed the links and added the missing Carolina North material.

Obviously well less than 24 hours prior to the “public hearing”. Certainly undercuts claims of transparency and support of public review.

In any case, here is tonight’s agenda with the missing supporting material:

Carolina North: Easthom – “Now is the time!”

Thursday, November 20th, 2008

Council member Laurin Easthom says “Now is the time” for the community to get involved with the planning for Carolina North.

Now is the time. Now is the time to comment on Carolina North, the largest development to ever hit the Town of Chapel Hill. The Town Council and UNC Trustees are meeting monthly to hash out a development agreement that will allow UNC flexibility and assurances in its development of Carolina North. If we come to an agreement by June on how Carolina North will develop, we may be done for years in decision making on how things are done. It’s time to wake up, and get active, and come to these meetings so that UNC can hear what you think.

Damn straight, especially if you serve on one of our Town’s advisory boards. The Carolina North train has left the station and is picking up speed, “Now” is definitely the time.

More here.

Carolina North: Community needs to wake up and show up!

Thursday, November 20th, 2008

[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.

Chancellor Thorp on HWA Closure: Not until we have to…

Wednesday, November 19th, 2008

UNC’s Chancellor Holden Thorp takes a postion (“Carolina North: A Glass Half-Full Perspective”) on Horace-William Airport’s closure.

One of the most vexing issues, though, has been the future of Horace Williams Airport. As you know, it occupies the heart of the Carolina North acreage. It’s the flattest part of the tract and, therefore, the best place to build Carolina North. So we have to close it.

Now, I realize it doesn’t take a lot of analysis to figure out that closing the airport is important for the future of Carolina North. But figuring out HOW to close the airport . . . that’s another story.

Ultimately, I think it comes down to this. The AHEC program is an extremely important asset to this University and to our state. Our doctors, nurses, other health professionals, and our MedAir pilots are as committed public servants as you will find. The work they do and the service they provide are fundamental to who we are as a university. And we are telling them that we have to close their airport to build Carolina North.

I have analyzed all the options, and I’m convinced that we really do have to close the airport to make Carolina North all that it must be. I’m equally convinced that we should fully support the airport authority authorized by the General Assembly as the best way to pursue creation of an airport in Orange County. It gives the county zoning authority, and it turns over the siting and development to a public body with greater expertise than we have.

For AHEC and MedAir, I think a move to RDU for the short-term is workable. But for the long-term, we owe it to our doctors to appoint the airport authority to see if there’s a better alternative.

We have said all along that we wouldn’t close Horace Williams Airport until we had to. With today’s challenging economic climate, we anticipate that funding for initial Carolina North construction likely will be delayed. Our state appropriation for planning and infrastructure for the Law School relocation to Carolina North is frozen, at least for now. And Alexandria Real Estate Equities, Inc., our partner for the Innovation Center, has put new projects on hold, although they have affirmed their interest in our project.

So, as I posted last night, the University maintains their stance that closure is contingent on Carolina North’s building projects moving forward.

I am disappointed that Holden continues to maintain that the only path to serving AHEC’s needs involves a new general aviation facility. This fixation makes no sense at this point and counters UNC’s own consultant’s recommendations to move AHEC to RDU.

Holden is “convinced that we should fully support the airport authority authorized by the General Assembly as the best way to pursue creation of an airport in Orange County. ”

Sure, the airport authority, with the sovereign powers the State granted it, is probably the best way to get an airport built in Orange County over local residents’ objections.

Where, though, is his concern for the Authority’s other duty – to factually justify the necessity of a general aviation facility? The Authority’s duty to “support the missions of the University of North Carolina at Chapel Hill or the University of North Carolina Health Care System” has to balance against the significant local impacts, the $60-100 million price tag, the infrastructure costs shoved onto local residents.

I applaud Holden’s willingness to engage the community in the discussion via his ‘blog. I wish other local officials took a lesson from him.

I already left him a comment on his post. I hope folks weigh in with their thoughtful and considered input.

Hat tip to Fred Black for highlighting Holden’s comments.

Carolina North: Nov. 18th Meeting Notes

Wednesday, November 19th, 2008

Tonight’s meeting (background) was well attended . Many of the folks attending were there to send the message “No Airport!”. Chapel Hill News reporter Eric Ferriri did a pretty good job covering that part of the meeting over at OrangeChat.

The Chancellor was missing in action. I think that is two of three meetings now.

The Council-Trustee sessions allocate two public comment periods, before and after the main meeting. Jim Ward, responding to tonight’s turnout, suggested doubling the time for public commentary from 10 to 20 minutes. I believe the 8 folks signed up had adequate time to get our points in (though I could easily spend a few hours going through the detail divergences in UNC’s proposals, ways to flesh out the development agreement, setting goals/metrics/methodologies to measure compliance, etc.).

After thanking staff for producing a nearly complete agenda a few days before this meeting (unlike the few hour lead times of the last two meetings), I took a few moments to ask some questions and add some suggestions to my earlier list.
(more…)

Carolina North: Oct. 15th Development Agreement Hearing

Wednesday, October 22nd, 2008

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 

Carolina North Development Agreement Public Hearing Oct. 15th

Tuesday, October 14th, 2008

Tomorrow the Town Council will hold a public hearing describing the basic framework for managing Carolina North’s development over the next couple decades. This is the second meeting discussing the framework. The first was Sept. 25th. Unfortunately, I was the only citizen not directly involved – as either a representative of the Town, UNC or the media – there. Here are my [remarks [VIDEO]].

The proposal couples two legal strategies – zoning and a North Carolina development agreement (authorized by NC Statute 160A-400.20 [DOC]) – to set conditions for the proper build-out of the 250+ acre Carolina North project. Under a development agreement, a developer can be bound to conditions – like fiscal equity – that lie well outside the purview of the zoning process. In return for being bound to what is hopefully measurable performance based goals that have specific remedies for non-compliance, the developer can be confident that the rules of the game won’t change mid-stream.

Other benefits and concerns are covered by Prof. David Owens’ excellent Sept. 25th overview.

The development agreement process is new to North Carolina but has been used extensively elsewhere to create a flexible approach in dealing with large projects instead of insisting on piecewise approvals – a process which tends to introduce uncertainty. If I’ve learned one thing about local development in the last ten years, it is developers – and the University is a major developer – want more certitude in Chapel Hill’s approval process. We’ve had folks willing to jump through as many hoops as necessary to push their project forward but, in the end, have decided on a more mediocre approach because of inconsistency in the current process.

A Carolina North development agreement coupled with one or more potentially new zones could be quite effective and mutually beneficial in managing growth of this 50 year project.

Still, there are questions surrounding the application of this process to UNC’s Carolina North project that must be answered before firmly committing the Town to this approach:

For example, here’s a couple from an email I sent Town Manager Roger Stancil and Town Attorney Ralph Karpinos today:

Hello Roger and Ralph,

I have a few quick questions about tomorrow’s meeting and the proposed resolution the Council is being asked to adopt.

First, will citizen comments on the development agreement framework be taken?

Second, as far as the language of the resolution, does proposing the agreement as the “preferred tool” give the Council some wiggle room if they decide the process isn’t working out? In other words, does this mean there is a built-in “escape clause” or will the Council be bound to follow this approach?

Using a development agreement coupled with a new base zone (or zones) seems like a good and equitable strategy but there are some issues – for instance, how one sets measurable performance goals linked to specific remedies for noncompliance or establishing long-term requirements, like green space preservation, beyond the agreements term – that I would like see resolved before the Town commits whole-heartedly to this approach.

Finally, has anyone considered extending the coverage of the development agreement beyond the borders of HWA?

Along those lines, has anyone explored the legality of including a project approved outside of the Carolina North process, like the Innovation Center, into the agreement? The University is developing the Duke Energy property. Last night, UNC described putting a small power generation center on that property to support their Airport Dr. facility. Any discussion on incorporating the development of that property or of the anticipated modifications at the Airport Dr. facility that will support the Carolina North project into the agreement?

Basically, my concern is that once the physical dimensions of the development agreement are established, any supplementary development in support of the Carolina North project outside of the described property cannot be included under that agreement’s provisions. Because various performance goals, like mitigating water runoff, controlling air/light/noise pollution, managing traffic impacts, etc. are expected to be defined as part of the agreement, I want to understand how these secondary projects can be brought under the same umbrella. If these secondary projects don’t require a SUP or zoning change, I don’t see how the Town has any leverage to encourage a voluntary assumption of the development agreement’s obligations.

I know you both are quite busy but it would be great to have an answer prior to tomorrow’s meeting.

Take care,

Will

encl: Resolution language

“NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council establish the development agreement, with a base zone, as the preferred tool for guiding development at Carolina North; and concurs with the Trustees’ request that June 2009 is a reasonable target date for having established the process for guiding development at Carolina North; and sets the next joint work session with the representatives of the University Trusts for Wednesday, October, 22, 2008.”

http://townhall.townofchapelhill.org/agendas/2008/10/15/1/2008-10-15_r1.htm

I’ll let you know what they have to say. I also have planning to pull together my notes and remarks from the Sept. 25th Special Carolina North Meeting – I’ve got a backlog of posts but I’ll try to get them out ASAP.

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