Charterwood development sparks lawsuit against town, developer

CORRECTION: An earlier version of this article quoted Lee Storrow as saying he thought granting a special-use permit to Charterwood was inconsistent with the guidelines set for the property and the Northern Area Task Force.

He said it was inconsistent with the guidelines set for the property in — not and — the Northern Area Task Force. The article has been changed to reflect this.

The Chapel Hill Town Council’s Sept. 24 approval of the Charterwood development is causing a ruckus among residents — and now a lawsuit.

On Oct. 23, several Chapel Hill residents filed a petition against the town of Chapel Hill and William Christian and Associates, the project’s developer. The petition calls for the Superior Court of Orange County to review the town’s decision.

Robin Currin, the residents’ attorney, said they believe the approval of the special use permit and zoning atlas amendment for Charterwood is unlawful, citing concerns about the project’s impact on neighbors.

“What they’ve asked for is a reversal, for the court to consider the approval invalid,” she said.

Currin said once she receives the town’s records on the Charterwood approval, the residents will seek a court date and present the case.

The 15.7-acre development will be off Martin Luther King Jr. Boulevard near Weaver Dairy Road — near residential homes — and will include office, retail and residential space.

Residents involved in the lawsuit said they could not comment, but according to the lawsuit, they believe Charterwood will be an inconvenience.

Residents are worried about increased traffic, storm water runoff, smoke, pollution and loss of privacy.

They believe Charterwood will lead to “loss of enjoyment,” the lawsuit states.

Bill Christian, the developer, also couldn’t comment due to the lawsuit.

The Charterwood development has been in the works since 2007.

The council voted on the development four times, finally leading to a 5-4 approval at the Sept. 24 meeting.

Council member Gene Pease said he voted for the development because the proposal matched all criteria for the site.

But Pease said he would not have voted for it when the concept first came to the council five years ago.

“The development over the years in the process lowered the density and lowered the height of the building and moved most of the development away from the neighborhood,” he said.

Pease also said he has never seen a lawsuit where residents challenged a development in Chapel Hill before.

Council member Lee Storrow voted against granting a special-use permit to Charterwood.

“I thought it was inconsistent with the guidelines set for that piece of property in the Northern Area Task Force,” he said.

According to the Chapel Hill Northern Area Task Force report, the task force aims to “promote orderly development and redevelopment to achieve appropriate and compatible use of land.”

Chapel Hill resident Jeffrey Elliot said he hopes the approval will be reconsidered.

“I know that there were procedural mistakes made in the approval of this development,” he said.

Contact the desk editor at city@dailytarheel.com.