SUMMARY MINUTES OF A Comprehensive Plan

 WORK SESSION OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, FEBRUARY 7, 2000 AT 4 P.M.

 

 

Mayor Rosemary Waldorf called the meeting to order at 4 p.m.

 

Council members present were:  Flicka Bateman, Pat Evans, Kevin Foy, Lee Pavăo, Bill Strom, Jim Ward and Edith Wiggins.  Council Member Joyce Brown was absent, excused.

 

Staff members present were:  Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, and Town Clerk Joyce Smith.  Also present were consultants Michael Curzan and Bill Quinby.

 

Mr. Horton introduced Bill Stockard, the new Assistant to the Manager.  He said that Mr. Stockard was an honors graduate of the UNC School of Journalism, a former assistant to the town manager in Stanley County, and an experienced reporter and editor.  Mr. Horton added that Mr. Stockard had been one of the leading graduates of the MPA program at UNC-Chapel Hill, and was a former volunteer intern with the Town.

 

Item 1 – Presentation of Downtown Proposal

 

Bill Quinby, Senior Managing Director of Julien J. Studley, Inc., and Michael Curzan, President and CEO of UniDev, made a joint presentation before the Town Council.

 

1a.  Presentation by Mr. Quinby and Mr. Curzan

 

Mr. Quinby explained that they would provide three basic services: strategic planning, pre-development work, and project management.  He said that the object of strategic planning is to arrive at a feasibility study that answers the question of whether or not someone’s idea makes sense—operationally, physically and financially—and if it can work.  

 

Mr. Quinby explained that pre-development work would include screening the development team, and would involve evaluating markets, sites and existing buildings, as well as alternative approaches to development.  Mr. Quinby stated that the team would create preliminary ideas for solutions, develop budgets and schedules, obtain necessary judicial approvals, negotiate and secure necessary financing, and negotiate contracts.  Lastly, Mr. Quinby said, they would manage the project by meeting schedules and budgets, handling problems expeditiously, and meeting expectations.

 

Mr. Quinby said the project encompasses overseeing the schedule and budget, as well expectations and contracts, and making sure that what is expected is delivered.  He said that clients come to them when they need help organizing and prioritizing, when they need realistic solutions to difficult problems, and when their time is scarce.  They also come to them when they need help bringing parties together, need to reach closure on complicated projects, and when they want to do good deeds but still break even.  

 

Mr. Quinby explained that the team had worked with similar projects at Westminster College, George Washington University, University of Kentucky, Aspen Institute, University of California at Irvine, University of Chicago, and Dartmouth College.  He said that they were working with both California systems right now:  the California state university system, which is the largest system in the country, and the University of Chicago system.

 

Mr. Quinby then turned the presentation over to Mr. Curzan, who outlined the lessons they have learned while going through similar processes in other communities.  He described in general what they expect to happen in Chapel Hill.  Mr. Curzan pointed out that significant income can be earned, that value can be created, and that occupancy expenses can be minimized when universities and cities work together during the development process.  He pointed out that cities and universities have unique financing tools available to them, and that visionary development initiatives can attract other key institutions, such as federal and state governments and foundations. 

 

Mr. Curzan emphasized that sustainable and efficient development should become a priority for all initiatives.  He said that developer skills are key to successful development projects, and added that the developer should be supplemented with experienced oversight from the institution or by an owner’s representative.

 

Mr. Curzan recommended thinking of real estate issues as being like a motion picture rather than like a snapshot.  Large projects require substantial lead time, he said.  He noted that it is important to look at development over a ten, fifteen, and twenty-year timeframe. 

 

Regarding Chapel Hill, Mr. Curzan pointed out that there are limited opportunities for development on UNC’s central campus and on Mason Farm Road.  He said that the best development would be on the Horace Williams property, Parker Properties, Home Site, and downtown Chapel Hill.

 

Mr. Curzan noted that Chapel Hill’s housing vacancy rate is very low, at two percent.  The average income home sales price in Chapel Hill is high, he said, at $277,000.  The median income is $69,000, up from $24,000 in 1980. 

 

Mr. Curzan stated that development should maintain a town’s social fabric, continue a sense of communities, and create employer-employee affordable housing.  He recommended using the term “employer-employee” because people react well to the concept of helping employees find housing regardless of what their incomes are.  Mr. Curzan pointed out that with tax exempt financing and certain types of guarantees, a town can beat the private market by a substantial amount. 

 

Mr. Curzan recommended staying aware that a city or state university can develop rental and for-sale housing for all citizens more cheaply than the private sector.  He pointed out that the city and university can control housing prices—sale or rental—to maintain affordability and still make money through the development process.

 

Mr. Curzan said that his team had created a model program at the University of California at Irvine.  He said that the program started in the 1980s, when housing prices were $215-220,000, and now has 600-700 different types of housing units.  He added that the Irvine program works for people making $20,000 as well as for those making $150,000.  Mr. Curzan explained that his team had pioneered the idea of putting the land in through a ground lease, which controls the price of housing over time.

 

Mr. Curzan also mentioned California State University at Channel Island, where he is working as an owner’s representative to build 900 units of commercial housing, 1,000 units of student housing, 350,000 square feet of research and development space, and convenience retail.  He said that California State University will generate more than $400-million over 25 years for the university and will rent and sell below the market.  What is important about this, Mr. Curzan said, is that the university was given an old site but no money to develop the site.  He explained that the university had to generate the funds itself to create the new university.

 

Mr. Curzan pointed out that the most important costs of developing housing are financing, operations, land, and infrastructure.  He added that construction and development fees were significant, but were less important.  Mr. Curzan stated that the preferred methods of financing were to reduce monthly payments (e.g. interest rate assistance loans, Community Reinvestment Act loans, waiver of points, tax exempt financing, reduce or exclude private mortgage insurance through guarantees), or to reduce down payments (e.g. grants, increase loan amounts through guarantees). 

 

Mr. Curzan noted that additional options would be a soft second mortgage loan or to reduce the costs charged by service providers (e.g. brokers, movers).  He explained that homeowners most want a reduction or elimination of down payment costs and monthly payment assistance.

 

Mr. Curzan said that some homeowners cut back on maintenance and repairs to reduce operations costs.  He pointed out that this leads to deterioration in the long run, and said that the preferred method is to reduce property taxes (e.g. tax abatement/exemption) and to reduce energy costs through “green development.”

 

Mr. Curzan explained that the annual payments of six percent per year could be done either through a tax-exempt bond issued by the city or a Community Reinvestment Act loan, which could be made at a below market interest rate.  He suggested excluding  private mortgage insurance so that the university, the city, or some combination thereof, would be a guarantor on the mortgage.

 

Mr. Curzan stated that they would do in Chapel Hill what they have successfully done in Irvine—created a non-profit corporation which has a huge revolving source of capital and is, therefore, able to build more housing and provide assistance loans.  He added that if the housing went down to $160,000 it could be affordable to those with incomes of less than $40,000.  If the Town were to take out part of the real estate taxes, he said, that would reduce the housing income by over $10,000.  Mr. Curzan pointed out that there were numerous ways that the Town could make housing more affordable.

 

Mr. Curzan listed key questions to ask when beginning the strategic planning process:

 

·        Are Chapel Hill and UNC willing to accept the Downtown Plan’s concept of encouraging the “incubation of vital, well-integrated, mix-use development, of which housing would be a key component?”

·        Are Chapel Hill and UNC-CH interested in encouraging housing development for people with incomes of $30,000 to $60,000?

·        Do Chapel Hill and UNC accept the proposition that a community design commission comprised of representatives of both institutions would be useful in handling downtown development?

·        Will Chapel Hill and UNC be willing to use downtown land to create affordable housing if they can do so without having to bear any out-of-pocket costs?

 

Questions from Council

 

Mayor Waldorf pointed out that this is conceived of as a partnership and that representatives of UNC and UNC Hospitals have worked with the Town and are each prepared to invest in one-third of the feasibility study.  She requested that Mr. Curzan summarize at some point what documents and deliverables they will have at the end of the feasibility study so it would be clear how they would move forward from there.

 

Mr. Curzan read from his firm’s letter regarding the Downtown Small Area Plan.  The letter explained that the study would be looking at employee group housing objectives which would include discussions with people to learn exactly what they want and how much they can afford to pay.  He said that the study would then summarize the value and benefit analysis of the use of properties by the Town and the University, as well those that would be available from private properties.  Mr. Curzan said that the study would examine what would happen to them if they were put into employee housing, with parking being replaced and probably supplemented and with retail being added. 

 

Mr. Curzan said that his firm would offer ways they believe this could be done, including associated benefits and constraints that they think would occur as the Town proceeded.  He said they also would give order of magnitude expenses and income models for each of these scenarios, and would run them out for fifteen to twenty years.

 

Mr. Curzan explained that his firm would recommend a financial development and ownership structure.  He said they would have met with the banks and with Fannie Mae, and with everybody on the Council and at the University to begin to think through where they would get the seed money to do the development.  Finally, Mr. Curzan said, they would give a preliminary master plan, as well as the set of next steps for planning, design and implementation. 

 

2b.  Discussion by Town Council

 

Council Member Foy asked Mr. Curzan if the scope of the study would cover all the land that was marked in yellow on the map.  Mr. Curzan responded that was correct.

 

Mayor Waldorf commented that the Council should decide what the scope of the study should be.  She added that the parts of the downtown that are envisioned as changing positively over time are the yellow areas which are not outlined in green on the map.  Mayor Waldorf noted that the areas outlined in green were properties that should be  preserved as they are.  She expressed hope that the consultants would have freedom to look at properties other than those that are publicly owned.

 

Council Member Foy asked if this would include both East and West Rosemary Street.  Mayor Waldorf replied that it would depend on what the Council’s wishes were.  Council Member Foy asked if it was the case that the feasibility study would not be confined to the housing issue.  Mayor Waldorf and the consultants replied that this was correct.  Council Member Foy asked if the feasibility study would look at other than employer-employee housing and give the Town, essentially, a master plan for that corridor.  Mr. Curzan replied that doing so would go beyond the scope of the study.

 

Council Member Strom wondered if the Council should consider expanding the scope of the study. 

 

Council Member Foy suggested the possibility of having retail at the ground level and housing above.  Mr. Curzan said that he assumed they would be working with retail and parking related to this development.  He added that the only area they had not really looked at was the office market. 

 

Council Member Wiggins asked Council Member Foy if he was suggesting approaching this from a master plan standpoint for the yellow area, rather than as an employer-employee initiative.  Council Member Foy replied that he did not want to derail the project.  Council Member Wiggins remarked that there would be a way to proceed in that direction without derailing the housing part, but added that the Hospital and the University probably would contribute only to the housing component. 

 

Council Member Wiggins stated that the Town probably would have to fund more than one-third of the project if they wanted to increase its scope to include a master plan.  Mayor Waldorf agreed, pointing out that one of the reasons the Town’s inquiry had focused on housing was housing had been a point of concern of all parties.  She agreed that the University and Hospitals were willing to take up one third each of the stated cost. 

 

Mayor Waldorf said she assumed that if the Town wanted to expand the scope, it would do so with the understanding that it would pick up that additional cost.  She said that she liked the idea of expanding the scope, and suggested making a decision on that as the study progresses.

 

Council Member Evans expressed concern about short term parking, particularly on the west end of Franklin Street.  She pointed out that the market can change with time, depending upon what is done by the private sector and/or adjoining communities.  Council Member Evans questioned whether the report the consultants would bring back might be too time-sensitive so that if the Town is not willing or able to implement it now, then it would become outdated.  Mr. Curzan replied that the type of housing problem that exists in Chapel Hill tends not to go away but tends to get worse each year. 

 

Council Member Evans asked if Mr. Curzan meant that the demand would be ever-present and the financial feasibility, therefore, would get better rather than worse.  Mr. Curzan said that her understanding was correct.  He gave the example of Stanford University, which he said made land available on its campus for faculty housing about 25 years ago by leasing the ground for about a dollar and not putting any constraints on the price of the housing.  Faculty members built housing there for $150,000-$200,000, he said, and now most of those units are worth about $1 million.

 

Mr. Curzan pointed out that no one can afford to buy those Stanford units, other than medical faculty.  He said that Stanford is being forced to either write them down using a tremendous amount of their endowment or to turn them loose and have the public buy them.  Mr. Curzan stated that this is why Irvine had put constraints into the ground lease.  With constraints, he said, something that is affordable today should remain affordable twenty years from now.

 

Council Member Bateman asked how people react when they are told that their appreciation and profit on the house they are buying will be limited.  Mr. Curzan replied that buyers had been “terrific” about it.  He added that eighty percent of the new faculty at Irvine had purchase units, rather than the fifty percent that had been projected.  Mr. Curzan noted that buyers understand that they will not get rich on this, but that they will make three to four percent on their investment.  He stated that he had not encountered anyone who resented the fact that they would be sharing some benefits with the university. 

 

Council Member Ward asked for clarification on the scope of the project.  He suggested that affordable housing was only a piece of what the Town, University, and  Hospitals want.  Council Member Ward remarked that the “package deal” only makes sense if it comes with retail and some office.  He added that he thought it would be inappropriate for the Town to pay a larger share in order to have retail in the mix, since it would benefit the University and Hospitals as well.

 

Mayor Waldorf asked Mr. Curzan to articulate as clearly as possible what he envisioned as the scope of the study, including what properties he would look at and what retail questions he would address.

 

Council Member Foy clarified that the consultants would not look only at Town-owned and University-owned property, but would make recommendations of where units should be built regardless of who owned the property.  Mr. Curzan agreed, adding that they would probably start with Town-owned property.  He pointed out that some associated, private land owners will want to participate and some will not.  In the case of those who do not, Mr. Curzan said, the Town might be faced with the use of eminent domain.  He said that the consultants would inform the Council about ideal properties, and the Council would decide how to obtain the use of those properties. 

 

Council Member Ward urged the Council, University and Hospitals to open up the scope of the project and ask the consultants to look into the reasonableness and effectiveness of making the mix of housing, retail and office happen. 

 

Mayor Waldorf asked how other Council members felt about that.

 

Council Member Bateman asked if Council Member Ward was suggesting a study of the entire yellow area. 

 

Mayor Waldorf said that she did not think that was feasible. 

 

Council Member Ward stressed that the three entities working together for that kind of mix in the downtown area would lead to the long-term success of the project.                   

 

Mr. Horton pointed out that the yellow area would also include parking lot #5 (noted in pink on the map), parking lot #2, and perhaps a few other small parcels.

 

Council Member Pavăo asked what the cut-off point would be if the Council endorsed the plan as it is but then wanted to expand it and use all the work that had gone into it at that point.  Mr. Curzan replied that the study, in that case, could wait one or two months.  He added that he agreed with the suggestion to broaden the scope.  Council Member Pavăo recommended buying time to thrash it out without holding up endorsing what they already have.

 

Council Member Evans wondered if downtown was the best place to construct University office buildings, given that the value of the land there is so high.  She also wondered if the University and the Hospitals would be interested in having office space downtown.  She noted that office space could be built on parking lot #5, for example, and asked if it was correct that a new building would not have to be for the any of the three entities.  Mr. Curzan replied that she was correct, but added that the reason to begin with those three is the ability to use tax-exempt financing. 

 

Council Member Evans pointed out that there are firms that would like to locate downtown and would do so privately.  Mr. Curzan agreed and pointed out that a successful project would make the downtown land much more valuable than it is.  He added that the Town should have a plan for what it is going to do when that happens. 

 

Council Member Bateman asked what level of detail other Council members wanted in the expanded plan that would be different from that in the Downtown Area Plan that the Comprehensive Plan Work Group had already put together.  Mr. Horton replied that it would be a question of determining whether it would be feasible to add a certain amount of office to the development mix, and how much would be supportive of the development and contribute to the cash flow.

 

Council Member Bateman asked if the “development mix” would be the housing that had been proposed.  Mr. Horton replied that it would be housing, associated parking, replacement parking, and retail.  He said that this should, in theory, make the entire development more prosperous and allow more development with greater certainty.  Mr. Horton added, though, that “you never know until you see what the market says.”

 

Council Member Pavăo suggested endorsing the project as it is planned and keeping the dialogue open about expanding it. 

 

Council Member Ward endorsed that, adding that his intention was not to hold up the process.

 

Mr. Curzan noted that he understood that his firm would bring back additional proposals in a month to six weeks if the Council is still interested.  Council Member Strom suggested making sure that the expanded scope is part of the motion. 

 

Council Member Foy stressed going ahead with this the way it had been planned, and then, in four to six weeks, be prepared to expand the scope and the amount of investment if that is what they decide to do. 

 

Mr. Horton noted that the Council might want some further elaboration and cost estimates from Mr. Curzan. 

 

Council Member Ward pointed out that the University and Hospitals should be included in discussions.

 

2c.  Direction to Town Manager

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO REFER THE PROPOSAL TO THE MANAGER TO ENGAGE IN A CONTRACT WITH UNC AND UNC HOSPITALS AND BRING A REPORT BACK TO THE COUNCIL.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 

Council Member Wiggins noted that “cultural arts facility” is referred to in most of the strategies and should be taken out wherever it is referenced because it has no champion and no funding. 

 

Item 2 - Continuation of Action Plan Discussion

 

Mayor Waldorf stated that this had been completed during the previous meeting.   

 

Item 3 - Discussion of Other Issues by Town Council

 

3a.  Possible Location of Municipal Operations Facility

 

Mr. Horton explained that the briefing given by Public Works Director Bruce Heflin at a recent Council meeting was all that was necessary on this item.  Mayor Waldorf added that the Council had made all the decisions they could make on this, having authorized the staff to begin looking at the land and tentatively approving a map configuration for the northwest area that would permit something like this to happen.  Council Members agreed that this item had been addressed.

 

Council Member Evans inquired about a statement on page five, regarding single family homes being converted to student housing.  Mayor Waldorf suggested that each Council member make a list of textual errors, as well as outdated and incorrectly phrased sections, and circulate them to all other Council members by February 21.  Mr. Horton offered to compile those lists and distributed them to Council members.

 

2b.  Citizen Information Process

 

Planning Director Roger Waldon explained that Alan Rimer had brought a petition asking that there be additional opportunities for public review of the Comprehensive Plan.  Mr. Waldon noted that although the Plan is before the Council for comment and at a place where it could be adopted, the Council could choose to amend it. 

 

Mr. Waldon pointed out that the Land Use Plan probably will be followed by a series of other public planning initiatives, one of which will likely be a zoning initiative which would lead to public hearings.  He added that if the Council did choose to adopt the Comprehensive Plan they might want to consider taking it to the community for feedback that would be considered at a later time.  He said that the staff recommends that the Council adopt the Plan after the changes that it has suggested come back. 

 

Council Member Strom asked Mr. Waldon to clarify what he had said about the “zoning initiative.”  Mr. Waldon replied that the Comprehensive Plan is a guide and a blueprint for the future.  He pointed out that what makes it enforceable are the changes to zoning and the changes to the Development Ordinance.  Council Member Strom asked what the public process would be while the Council was changing the zoning.  Mr. Waldon replied that after the Council adopted the Plan they probably would ask the Manager how the existing zoning around Town is different from what is called for in the Comprehensive Plan. 

 

The likely scenario, Mr. Waldon explained, would be as follows:

 

 

Mayor Waldorf recommended that the Council decide what process it wants to follow.  Council Member Evans suggested moving forward, but stressed that approving the Comprehensive Plan does not mean that it cannot be changed.  Mayor Waldorf noted that Council Member Evans was speaking in favor of option four (adopt the Plan and proceed with implementation). 

 

Council Member Foy suggested option two (adopt the Plan and then hold public information meetings).  He suggested taking citizen comment into account now rather than next year when people are angry because the Council had acted rashly.  Council Member Pavăo asked how long the public sessions would take, and Council Member Foy replied, “over a couple of months.” 

 

Mayor Waldorf said that she did not see much difference between options two and four, except that option two involves extra meetings.  Mr. Waldon said that the Council would be encouraging the staff under option two to be aggressive in encouraging organizations to invite the staff to come and tell them about the Comprehensive Plan.  Mayor Waldorf asked if the staff had the flexibility to do that.  Mr. Horton replied that they did, adding that he hoped that all Council members would be interested in being on the speaking circuit as well. 

 

Council Member Ward supported option two, and pointed out the importance of adequately informing the public about the Comprehensive Plan.

 

Council Member Strom also spoke in favor of option two, adding that the rezoning process would go more smoothly if Council members go out on the speaking circuit because they will be able to predict where problems are and develop a better Plan. 

 

COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL MEMBER PAVĂO, TO PROCEED WITH OPTION TWO.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0). 

 

Mayor Waldorf suggested discussing a target adoption date.  Mr. Horton stated that the staff could have the final draft ready by the second meeting in March.  Mayor Waldorf noted that option two required adopting the Plan and then holding public meetings.  She pointed out that the Council could adopt it as early as the second meeting in March. 

 

Council Member Strom said that he did not see why they should not do that given that they just passed option two.  Others agreed, and Mr. Horton said that doing so probably would position the Council to rezone in the fall. 

 

Council Member Wiggins asked when the Council would look at the Development Ordinance.  Mr. Horton replied that the Council had already authorized the staff to solicit proposals for reworking the Development Ordinance and would bring that proposal to them within 30 days so that they could initiate that process this Spring. 

 

Council Member Wiggins clarified that working on the Development Ordinance would not be contingent upon anything in the rezoning.  Mr. Horton replied that he did not believe it would be, unless things, such as changing categories, came out of the Development Ordinance which the Council wanted to consider in the rezoning.

 

3d.  Other Issues Identified by Council Members

 

Council Member Foy recalled that the Triangle Land Conservancy had petition the Council to include maps rating land in Orange County by its wildlife value in the Comprehensive Plan.   He pointed out that the staff had concluded that the maps were not accurate and had suggested an alternative.  Council Member Foy objected to the alternative being in words rather than a visual representation.  He wondered if there might be a way to get an updated version of the maps into the Comprehensive Plan.                 

 

Mr. Waldon referred to figure eleven in the draft Comprehensive Plan (Natural Areas and Environmentally Sensitive Areas).  He said that the staff is proposing a combination of words, which refer to the Triangle Land Conservancy’s document in several places, and pictures. 

 

The meeting was adjourned by consensus at 5:33 p.m.