NRG Statement to Chapel Hill Town Council

Nov 24, 2008

Comments on text amendments to R-SS-C zone

NRG appreciates the work of the staff and Council on this proposed zoning amendment. Although the recent proposed changes are an improvement over the initial proposal, NRG is concerned about the appropriateness of the process by which the proposed changes have been made, and how it is to be applied and enforced.

NRG Concerns

• NRG is troubled by the appearance or reality that the proposed changes to the R-SS-C zone are directly motivated to enable two development proposals to move forward (Residences at Grove Park and Aydan Court). Changes to zoning should be based on the overall needs of and vision for the community, and not on the specific needs of individual development proposals. 

• There are ongoing efforts to initiate a community-wide discussion about the future vision for Chapel Hill. Higher-density zoning should be part of that discussion. Citizens should be involved in these discussions so that they can properly understand the impacts of different degrees of density on the existing community, and then communicate their opinions to their elected officials.

• The objectives in these text amendments to the R-SS-C zone are written as general goals and offer no additional practical requirements or protections.  The zone, as written, offers no guarantee that these objectives will be met by proposed developments. One can argue that the special use permit can be relied on to provide enforceability, but we are not convinced that the SUP process can address the increased traffic and environmental impacts of a large development now missing from the amended zone.  

Our recommendations

1. We urge you to not approve this amended zone. Instead we recommend that the Town develop a 10-year strategic plan identifying where high densities are appropriate. This plan should be driven by community input and from the perspective of the overall future of the community, rather than what developments are currently in the pipeline. With that information in hand, a new high density zone or zones could be designed which would, in exchange for the additional density conferred, increase benefits for the Town by requiring additional amenities.  Such a zone would for example require design guidelines, low impact design features, and provisions that would protect adjacent neighborhoods from increased densities brought by overwhelming traffic, bright lights and the canyon effects caused by tall buildings sanctioned by this zone. Again, the special use permit alone would not afford these advantages for such a mega project.
2. Should you nevertheless decide to adopt this zoning amendment, we would like to offer the following revisions to the text amendments for your consideration: 

Limit the use of this zone to downtown.  Indiscriminate application of this zone near neighborhood commercial centers without ready transit would be premature at best and could create uncertainly for neighbors and developers and an unsustainable transportation system, excessive traffic congestion and other problems if the future needed infrastructure does not materialize.

We recommend a more concrete and enforceable objective for environmental protection as was suggested by the Council.  We recommend that the Town stormwater staff determine the best places to site buildings using low impact design techniques. 

The zone needs to address neighborhood impacts and mitigate them by requiring the developer to incorporate design guidelines, traffic-calming, pedestrian safety and low-impact design features.  The Community Design Commission must be asked to work with the applicant to adhere to design guidelines that mitigate discontinuities in scale, noise, light and pedestrian safety impacts on neighbors.

Chapel Hillians are seeing a wave of change in their community, and a great many do not see any strategic vision or plan behind the change.  Lacking as it does the proper safeguards and due process, we believe this amended zone will only add to that confusion.