Tag Archives: creek buffers

Council Votes to Deny Aydan Court Rezoning 5 – 4

Thanks to your help, on Monday night, June 20, the Chapel Hill Town Council voted to protect Jordan lake and to adhere to our land use ordinances.

In a 5-4 vote, Council members Bell, Greene, Ward, Rich, and Harrison rejected the proposed rezoning change for the Aydan Court 90-condo luxury development. The video tape of the many hour public hearing can be seen here.

We won this close vote because of your willingness to get involved by signing the petition and emailing their concerns to the  Council.  Our community spoke loud and clear that this was the wrong project for such an environmentally sensitive area, and our voices were heard.

We thank the Council members who recognized that this project was poorly conceived, and voted to protect our wildlife and drinking water:  Donna Bell, Sally Greene, Jim Ward (all three of whose seats are up for re-election this year), Penny Rich, and Ed Harrison (who most forcefully advocated against the rezoning).

The story in the Chapel Hill News captured the story.  However, one statement was not correct.  A second vote will not be required since the rezoning was denied.

Together we have made a difference!

2011 Creek Action Tour

Earth Action Day is April 9th!

Join the 2011 Creek Action Tour organized by Friends of Bolin Creek and the Towns of Chapel Hill and Carrboro to promote healthy creeks and responsible growth.  A map with complete tour information can be found at www.bolincreek.org.  A small scale map is below.

This year’s Creek Action Tour takes place next Saturday from 10 – 12 noon, and  showcases projects that improve our water quality in our creeks, and ultimately our drinking water.You can choose from nine different free events on the Tour, including a puppet adventure at the Botanical Gardens, a demonstration rain garden at McDougle Middle School, a stream restoration project at Baldwin Park, floating islands that clean water and more.

Highlights include:

  • “The Story of the Haw” is a 30 minute Haw River Assembly adventure with puppets and song, telling  the story of our vast watershed. 10:30 and 11:30am
  • McDougle Middle School students will show a video of their rain garden and lead a “design your dream house” impact game
  • Neighbor Alex Millager designed and built a backyard rain garden.  Learn how you can build one.
  • A tree planting ceremony at 9:30 am kicks off the tour at Baldwin Park, where a large stream restoration is underway.  The work done by our two towns with federal, state and North Carolina State University support to help improve Bolin Creek, an impaired stream. The project is described here.
  • Map of Venues for Creek Action Tour

Aydan Court

A key 5.8 acre parcel containing a significant forest, steep slopes and many creeks borders the Little Creek Bottom Lands.  A local developer has requested a change in Chapel Hill’s zoning ordinance from low density to conditional use which could allow 90 condos.  This proposed project, Aydan Court, borders a waterfowl impoundment built by the Corps of Engineers to create wildlife habitat for bottom lands lost when Jordan Lake was made.  It is designated a Natural Heritage Area for its wildlife resources.

On February 21. 2011, the Sierra Club, the Audubon Society, and Neighbors for Responsible Growth, along with other citizens spoke against the rezoning.

Neighbors for Responsible Growth (NRG) asked the Town Council to reject the Aydan Court rezoning proposal. Following are the key points:

Historical context

  • This R-1 designation was not intended as a holding zone, but rather zoned because of its location near the Little Creek Bottom lands and Jordan Lake.  Former Mayor Jimmy Wallace tried to buy the Snipes Farm for the Town years ago recognizing the intrinsic merit and importance of this property as open space.
  • This parcel is part of the East Entranceway Plan which was developed before Roger Perry brought the Meadowmont proposal to the Council.  The East Entranceway Task Force met for months and determined that Meadowmont would be a good place to put urban densities, while this parcel, as well as adjacent land near the water fowl impoundment, the Little Creek bottom lands, and Jordan Lake were judged appropriate for low densities.
  • The Council adopted the steep slopes ordinance because the Council and staff determined that development on steep slopes was harming water quality and causing severe erosion problems.

Environmental problems.

  • Urban densities don’t belong next to an area which the Natural Heritage Program says is a valued area for wildlife to migrate when the impoundment floods.
  • The amount of impervious surface is inversely proportional to water quality.  Low densities belong near a drinking water supply.

Precedent

  • The special use permit application under the new zone does not meet Town standards.  There are times when the Town must make an exemption to allow reasonable use of a property such as serving the site by gravity flow sewer exiting the site. However, the 7600 square feet of additional disturbance to the 25% slope standard is not a necessity.
  • It would set a dangerous precedent to approve a project that violates Town ordinances. Exemptions should be reserved for exceptional circumstances, not for 90 luxury condos on Natural Heritage land.
  • There is no legitimate public purpose for allowing a zoning change or exemptions from Town rules in order to disturb 70% of this fragile property.
  • If the zone is changes on this fragile property, then the Council sends a message a zoning change can occur at any time.
  • This is one of the core principles of Neighbor for Responsible Growth which supports the spirit and letter of the ordinances and regulations designed to protect the core values of our citizens, e.g. environmental protection, affordable housing, open space.