Horsetrading at the Council Corral

6 Comments

1. 

   plurimus

    /  April 18, 2016

   “Capkov had agreed to all staff modifications, except a nearly $90,000 payment-in-lieu for recreation. Given that Capkov had provided 115% of the recreation space required by town ordinance, the PIL felt to the developer like an impact fee.”

   What is the policy/rule when the developer exceeds the recreation space? What is the difference between recreation and recreations space? Was there an agreement that the “space” = “recreation”? Definition matter and when things are not well defined they are open to interpretation.

   Sounds like the “rules” need clarification and fine tuning and the planning staff and TC does not even know the correct interpretation. Reading what you wrote it seems like the developers perception is correct mostly because the terms and definitions are not clear.

2. 

   anon

    /  April 18, 2016

   Town Stafff work for town council. It’s a mistake to think a new director will “fix” any perceived problems.

   Now the “rule” is, if a developer exceeds the recreational space they can decrease payment in lieu.

   The problem is town council violating their own rules and then every subsequent development becomes fungible too. Having more recreation space likely increases the value of a development so the trend would be to increase recreation space and decrease payment in lieu – my prediction.

3. 

   David

    /  April 18, 2016

   Onsite recreation spaces in small housing developments serve a different need than do the larger community parks that payments-in-lieu help to finance. The two should not be treated as fungible. 30 one-acre parks scattered around town do not obviate the need for a 30-acre park that can provide, for example, walking trails, sports fields, room to build indoor recreational facilities, etc.

   Let the developer call it what he will, but the residents of the new housing will place additional demands on town-wide services, including recreation facilities, and the incremental property tax revenue from the new housing will not suffice to cover the cost of expanding services. If we are to maintain our existing quality of services as the town’s population grows, the money to make up the difference between the incremental cost of expanding government services, e.g., acquiring and maintaining new parkland, and the incremental property tax revenue has to come from somewhere. If it doesn’t come from the developer, it comes from us. By seeking an exemption from the town’s payment-in-lieu rule, the developer is, in effect, asking the townsfolk to subsidize his profits. Kudos to Nancy, Jess, and Sally for holding the line.

4. 

   plurimus

    /  April 18, 2016

   Municipalities and county governments have the authority to charge fees in lieu for certain road and recreational land GS160A-372.

   with regard to recreation GS160A-372 (c) states: “The ordinance may provide that a developer may provide funds to the city whereby the city may acquire recreational land or areas to serve the development or subdivision, including the purchase of land that may be used to serve more than one subdivision or development within the immediate area. All funds received by the city pursuant to this paragraph [subsection] shall be used only for the acquisition or development of recreation, park, or open space sites. Any formula enacted to determine the amount of funds that are to be provided under this paragraph [subsection] shall be based on the value of the development or subdivision for property tax purposes. The ordinance may allow a combination or partial payment of funds and partial dedication of land when the governing body of the city determines that this combination is in the best interests of the citizens of the area to be served”

   In fact Session Law 2008-76 extended Chapel Hill authority to the ETJ.

   My question stands: Does “recreational space” have a different definition then “payment in lieu” in the Chapel Hill ordinance? Was the developer infact seeking an exemption? Was the area less that 3000sq feet? Could the developer add more units instead of providing the 115% of recreation area, and just pay the PIL?

   Was there any discussion about how this is or is not in “the best interests of the citizens of the area to be served”?

   How was what they provided inconsistent with:
   http://www.whisperingpinesnc.net/pdf2/Excerpt%20from%20Chapel%20Hill%20Land%20Use%20Management%20Ordinance.pdf

   Where is the “master plan”?

   Reading it it is not clear to me at all, and I doubt it is clear to anyone else including staff. Horse trading is not mentioned in the rules, is probably a source of irritation to developers and a distraction from the ultimate goal of unified greenways and trails.

   Not saying the developer is right, just that clarity in the form of fitting into a plan is lacking.

5. 

   Nancy

    /  April 18, 2016

   Plurimus, I believe the developer had a point that he had met town ordinance already and should not be subject to a PIL. Also, the price point of his homes is expected to be at or above the threshold that is at least revenue neutral when it comes to the property tax revenue vs. cost of town services. Town ordinance doesn’t seem to address the process for a PIL if the developer is willing to provide 100% of the required recreation space. And what constitutes adequate recreation isn’t applied uniformly, either. Timber Hollow Apts. wrote “Dog Run” on a part of the map over a sedge of undeveloped land on the corner of MLK and Piney Mountain, and voila, there was its recreation space.

6. 

   plurimus

    /  April 18, 2016

   Nancy, Yes. it seems like the “rules” are too open to interpretation. I do not think this is the only case.

   Again, trying to walk a few yards in the developers shoes, it would frustrate me.

   To me the larger issue is that this sort of thing leads to “spot planning” rather than overall planning and that tension often runs counter to the “the best interests of the citizens of the area to be served”