Woodfield Acquisitions wants to build 600 luxury apartments on the American legion property; they hosted a standing room only “information meeting” at the American Legion Hall. Read about the vigorous community discussion about their proposal here.
Here is what has happened so far in a nutshell.
1. The American Legion Post 6, owner of this 36.2-acre parcel on Legion Road, has decided for various reasons that they need to sell this property. They have every right to do so.
2. In 2005, the Legion and the Town (through manager Cal Horton) had agreed that, whenever that unique parcel of fields and woodlands were sold, the Town would be given the right of first refusal to buy the land.
3. In the Spring of 2015, the Legion advised the Town of their plans to sell. The Town then appraised the parcel and, as it stands today — with its current zoning — it was appraised at $2.4 million.
4. The Legion then solicited offers from private developers. With the apparent encouragement of the town Chapel Hill, Woodfield responded with a bid of $9 million if the Town allows them to build a 400-unit upscale apartment complex on the land, and $10 million if the Town allows 600 apartments. (Since about 5,500 upscale apartments have already been approved in other locations — Ephesus Fordham, Obey Creek, and many others — which is probably enough to satisfy demand for a couple decades, one might legitimately ask how the Town would benefit from another 600.)
5. The Legion asked the Town to buy the property at 9 million or to release them from the 2005 right of first refusal.
6. Woodfield’s offer to the Legion is contingent upon several Town concessions. First, the Town must re-zone the parcel to enable them to build 400 or 600 apartments on the property. (That would not be allowed under current zoning.) Second, the Town must give the developer access to adjoining Town property so that the developer could build trails and a road from the Legion property to Ephesus Road, immediately beside Ephesus School and the tennis courts/park beside the school. This road (and a bike trail) is promoted as a “public amenity” donated to the Town by the developer, although the only beneficiary would be the developer. See a concept map found on the last page of the September 2015 letter to Stancil. Many think these “concessions” are inadequate compensation for the additional traffic and service costs to the town caused by the proposed high density development. They were negotiated in secret with no input from the public.
7. Several council members who participated in the decision to let the right of refusal go, and agreed to sign a contract with Woodfields say they did so because the town did not have 9 million dollars. That is not the point because the 9 million is only a real number if Woodfields gets a permit and a rezoning from the town to build at least 400 units. A study of the timeline released by the town reveals that despite the town’s 2020 plan to identify the need for parkland in this area and to consider the American Legion property for such a use, the town manager did not contact the Parks and Recreation Department. Nor did the council and staff consider identifying this tract for purchase as part of the Chapel Hill bond package which was finalized in May. If the issue had been brought up in open public session these salient factors would have been considered.
8. What should have been a public discussion in April 2015, was instead a secret negotiation between the town staff with a developer and landowner, with the blessing of the Council. At the Town Council work session in January 2016, in answer to a question from council member Maria Palmer, the town attorney said that the council could have asked for this important policy issue be made public.
9. Right now there is an 11-20-2015 Agreement on record that Manager Roger Stancil signed. It won’t happen if Council members decide to consider other options, Woodfields leaves the scene, or the council decides to reject the permit request. No application has been submitted. Mayor Hemminger has invited everyone to share their ideas with the council.
Please write to mayorandcouncil@townofchapelhill.org with a brief statement about what you would like to see happen to this last undeveloped tract in Chapel Hill.
Please encourage the council to begin an open public process about the best use for the town of the American Legion property before considering any zoning change. Possibilities would include public amenities such as parks, new retail, or permanently affordable housing for public employees. We do not need more market rate housing as has been proposed.
On January 7, the Town manager Stancil released this account of the events surrounding the two closed sessions. See this page to see the closed meeting minutes and the summary document.
Other documents released from closed session:
September 2015 letter to Stancil
2005 Right of First Refusal
11-20-2015 Agreement To Forego Right of First Refusal
Chapel Hill News Story, December 25, 2014, Tammy Grubb