Council's Action Not Due Process

Development has been a hot-button issue in the town for years because the manner in which Chapel Hill grows piques the interest of politicians, business owners and residents alike.

And a huge question was laid at the Town Council's doorstep: Does Chapel Hill halt all new building until a comprehensive development ordinance can be drawn up and enacted?

The Town Council answered "yes."

The matter came up last year when three petitions between May and June were submitted to the Town Council by local residents and officials. They specifically requested a moratorium on development in northeast Chapel Hill. (For those like me, who can't orient yourself with a compass, northeast Chapel Hill would be around the vicinity of U.S. 15-501 and Erwin Road.)

The net result of all proposed building is more than 88,000 square feet of new office space and 359 new homes -- all around an area that is traffic hell for commuters.

Hence, residents worried about all this influx pleaded with the Town Council to put a stop to it -- at least until the new development rules are set by the town, which would not be until late summer or early fall at the earliest.

But because halting any new development in a town is a move with such an immediate and wide impact, the process to put a moratorium in place is obviously a little cumbersome.

Town attorney Ralph Karpinos advised the council that public hearings would have to be held so residents and business leaders could give their input. And the town would have to put forth a strong, valid and specific reason for putting a stop to development before the moratorium could be adopted.

But the real kicker to Monday's decision by the Town Council is that for all intents and purposes, they have put a moratorium in place.

Instead of a formal moratorium, the Town Council unanimously voted to pass a resolution that keeps developers from petitioning the council until a new development ordinance is approved. Only four projects will be allowed to go forward because they already have been approved by the planning board.

Business leaders were surprised by the move. Though Mayor Kevin Foy said the resolution was not the same thing as a moratorium, Aaron Nelson, president of the Chapel Hill-Carrboro Chamber of Commerce, disagreed.

"Essentially, you have achieved the effects of a moratorium without adopting it. That feels a little inappropriate."

He's absolutely right.

The town has indeed effectively stopped growth until it passes the new regulations late this year. Only it did it with alarming and careless speed. The Town Council has put off approving the new development ordinance for months so they can further study the effects of the changes it will lead to in Chapel Hill.

That's prudent planning and is probably the best thing for the town in the long run. But for the council to spring a surprise on everyone by passing this resolution -- instead of going through a more thorough process of implementing a moratorium -- seems contradictory.

What about the effects of delaying these projects to the town?

Stopping growth has just as many impacts as growth itself. This decision was taken much too hastily. If you want to put a moratorium on development in Chapel Hill, go through the correct process. Don't use smoke and mirrors to get your way quickly and unfairly.

Columnist Jonathan Chaney can be reached at jhchaney@email.unc.edu.