Neighbors for Sustainable Development in Trinity Park
July 23, 2007
There is news to share and a request for your help on the proposed “Chancellory Condo” project on the corner of Watts and Lamond Streets.
Background:
Neighbors for Sustainable Development in Trinity Park is committed to ensuring that a high quality development is completed on the site, now occupied by a parking lot. In 2006, we joined with the neighborhood and overwhelmingly endorsed the rezoning of the property based on the proposed initial concept of 2-3 story townhouses. Since then the developer changed his plans significantly making it much bigger (greatly exceeding what is allowed by ordinance) resulting in our opposition. We want to enable a project which minimizes negative impacts to its immediate neighbors and on the character of the historic neighborhood as a whole.
We also want to express gratitude to the “urban pioneers” of Trinity Park, who led a decades - long history of strong advocacy and protection of our neighborhood. Many of them are advising us in this matter. They fought for down-zoning, border issues and the concerns of individual property owners, and have nurtured Trinity Park into the special place that it is.
What happened?
At the Board of Adjustment On February 27th after a full day of testimony, including many neighbors stating opposition to the permits for the 7-storey, 48-unit project, the developer, Park City Developments, requested a “continuance” to give them time to revise the design to allay the obvious strong opposition.
The developer was told to meet with Neighbors for Sustainable Development in Trinity Park (NFSDTP) and TPNA to specifically reconsider the height AND density, among several other concerns presented at the hearing (such as parking, traffic and setbacks). During the ensuing months, we had not been shown any new plans by the developer despite two meetings that were not fruitful since the developer showed up empty handed, multiple email messages and requests for revisions to the project. Finally, we sent the developer a letter with our parameters for the project because he asked us to do so.
As you may know, the Unified Development Ordinance (UDO) permits an all-residential project of up to 12 units (3-storeys), or a retail/residential mix with 16 residential units (also 3-storeys) on the site. The developer has requested four times what the ordinance allows, or 48 units, and a height of 92 feet (7-storeys at the highest) – according to the current application on file with the Board of Adjustment.
Both TPNA and NFSDTP are on record opposing these requests. We think this building as designed (or anywhere near that height and density) would have a significant negative impact on its nearby neighbors and permanently change the character of the south end of Trinity Park.
What is happening now?
After 4 months of no action, in this final 2 weeks before the concluding portion of the hearing, the developer presented some incomplete sketches of a new design and is requesting approval. This latest design has reduced height in some areas but increased height in others. It has the same bulk, square footage and number of units (48) as before. Neighbor concerns about setbacks, parking and traffic have not been addressed in the revision, and no method of enforceability to ensure quality of materials or appearance (such as protective covenants) has been worked out.
It seems an attempt is being made by the developer to rush this plan through the Board of Adjustment by bypassing the Development Review Board (DRB) and the Design District Review Team (DDRT), which are key checkpoints in the city process for design quality and neighborhood input. Some advocates for the developer are circulating scenarios to try to scare people into a reaction to approve the design without full study or complete information. The latest threat is a 90-room dorm with no parking. Our experts advise us to give little concern to these threats: What are the chances of a bank financing a project so sure to trigger widespread neighborhood opposition? Any alternate uses for this property will go through the process of public hearings at which the neighborhood would have a voice.
What we are doing:
We are working closely with the Trinity Park Neighborhood Association (TPNA). We have professional legal help assisting us with the complex city planning and zoning process, and have experts reviewing the plans. We advocate a more balanced project with somewhat increased density (units) but with a footprint and form that do not overpower the neighborhood or block the sun from neighbors' homes. We have contacted other developers to gauge interest in the property and to verify the economic feasibility of a more modestly scaled luxury condo/ townhouse project. Even at low densities, we have found this is a very desirable site. We are reviewing the revised condo proposal (it has significant shortcomings). We want to make sure decisions made by TPNA and NFSDTP are based on facts and on accurate drawings, computer simulations, and verified shade studies, so that affected neighbors can understand the impacts before a building is approved or built. We will not be swayed by threats or intimidation, deceptive information or deceptive drawings. We will continue to negotiate from our position of strength (we have the ordinance and the criteria that must be met for special use permits on our side) when communicating with this developer, or with any new developer who might buy the site.
How you can help:
Large increases in density should not be granted without vary careful consideration. The developer has also not addressed the problems with enforceability, parking, setbacks, massing, scale, traffic and height. The TPNA Board will consider your opinions when deciding if they will support the project or support a continuance. We expect a very last minute push from the developer to pressure TPNA to support the very poor project before us that was revealed a couple of weeks ago.
1. Write to the Gmail account of the TPNA board TODAY: TrinityParkBoard@gmail.com
This is a private e-mail account that only the board members can access. It is important that the neighborhood association hear from as many of you as possible. We are advocating a “be careful, tough and thorough” stance. This neighborhood has significant influence on the outcome of issues like this, and need not be cowed into approving something out of fear. Please express the view that partial and misleading drawings from developers must not be given any credibility. Note that we should use all the resources available to us by the City review processes to ensure that the massing, density and height are the right size for the neighborhood. If this developer will not negotiate in good faith, we recommend finding one who will. Your message does not need to be long, but we need many voices to chime in now! Please make this a priority!
2. Join us at the Board of Adjustment hearing on Tuesday, July 24th at 8:30 a.m. in City Council Chambers - Main Floor, City Hall
Knowing that a lot of people are watching will help ensure that neighborhood input is not ignored. The burden of proof for granting these special permits is high, but Durham politics can be “unpredictable”, and we want to be prepared for surprises. The length of this meeting is uncertain, possibly just an hour, but it could be longer. Even if you can only come for a short time, this will help as you will be counted when you arrive.
3. Join in our efforts: A growing number of people throughout the neighborhood have asked how they can help. By volunteering time, energy, offering their houses for meeting space, or contributing financially many neighbors are helping this effort. If you would like to find out how you can be involved contact any of us below
4. Get more information: This battle is being covered by many of the local newspapers and blogs, including ours.
http://blogs.newsobserver.com/bullseye/index.php?
http://nfsdtp.blogspot.com
With the continued support of our many neighbors we will fight to ensure that an appropriately scaled and designed project is built on the site.
Thank you! And we look forward to seeing you on Tuesday!
Brian Miller, Member NFSDTP & TPNA (former TPNA Board Member)bdmiller@pipeline.com" John Dagenhart, Member NFSDTP & TPNA (former TPNA President)
John Swansey, Member NFSDTP & TPNA dontwave@yahoo.com
Laurie Gutman, Member NFSDTP & TPNA laura.gutman@thegutmans.net
Nathan & Kimberly Isley, Members NFSDTP & TPNA
Stefanie Kandzia, Member NFSDTP & TPNA
Judy Eshelman, Member NFSDTP & TPNA
Julia Borbely-Brown, Member NFSDTP & TPNA (former TPNA President)
Dr. Carl Britt, Member NFSDTP
Bill Wilson, Member NFSDTP & TPNA
And many others.
