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Carolina North
development
agreement approved
After nearly two decades of off-and-on again planning and an
intense 10-month period of almost continual staff work, ongoing public dialogue
and monthly negotiations between trustees and council members, the University
now has in hand what some departing trustees began to doubt would happen on
their watch: a 20-year development agreement with the Town of Chapel Hill for
Carolina North.
A specially called June 25 Board of Trustees meeting was
characterized by a sense of surprise and relief as outgoing trustees Karol
Mason, Nelson Schwab III and Paul Fulton voted for the agreement and celebrated
the many people who made it happen.
The agreement received a similar level of acclaim from
Chapel Hill Town Council members, who unanimously approved it three
days before.
“Surreal and wonderful,” was how Chancellor Holden Thorp
described the experience of being present for the council’s endorsement of an
agreement that will guide the development of 3 million square feet of building
space on 133 acres during a 20-year period.
Adding a new zoning district
Enabling the town council’s approval of the development
agreement were preceding votes to create a new University-1 zoning district and
to rezone 643 acres of the Carolina North property to the new U-1 zone.
At the trustees meeting, Jack Evans, Carolina North’s
executive director, reminded trustees that the passage of the development
agreement marked a “milestone, not a finish line,” and that much collaborative
work between the University and town lay ahead.
During the next 50 years, the University expects to build a
total of 8 million square feet on 228 acres within the U-1 zone. While the
entire Carolina North property within Chapel Hill is in the new U-1 zone, the
area proposed for development over the next 50 years occupies only the
southeastern section of the tract. This area now encompasses the Horace
Williams Airport, which will be closed once
construction begins.
The development agreement was limited to 20 years in
duration as required by state law.
Not only does the agreement allow for continued negotiations
and modifications, it requires both as the development of Carolina North
unfolds during the next two decades, Evans said.
Unlike a conventional special-use permit, the agreement
calls for ongoing review and negotiation processes between the town and
University to continue for the life of the agreement.
Town Manager Roger Stancil emphasized this ongoing
flexibility to town council members on June 22 when he recommended the
development agreement as “an affirmation of the collaborative process.”
Stancil described the agreement as a “living document” laden
with various triggers and deadlines through which the town and the University
will determine the course of Carolina North in the future. It signified a
“brand new way of doing business,” he said.
“The way it is written, we learn as we go,” Stancil said.
“We adapt. We change the requirements to reflect the reality of the day.”
The first 800,000 square feet
It could be two years or longer before the first planned
construction project – a proposed 80,000-square-foot business accelerator
– begins. (The builder, California-based Alexandria Real Estate Equities
Inc., put the project on hold until the economy improves.)
The other known project, also on hold for economic reasons,
is a new building for the School of Law, which is projected to cost
$100 million.
The agreement spells out projected land uses for the initial
800,000 square feet of building development that would include both projects.
The University committed one-quarter of that space for
housing, something the town favored. More than half of the overall space
(410,000 square feet) would be academic space, including the law school, while
180,000 square feet would be for private research and development, including
the Innovation Center. The remaining 10,000 square feet will be set aside for a
variety of civic and retail uses.
A foundation of trust
Perhaps the most striking aspect of the past 10 months’ work
is the way it joined the town and University in pursuit of a mutually
beneficial agreement. Many people were instrumental in making that happen. For
example, Stancil, Evans, Thorp and trustees Roger Perry and Bob Winston met
almost monthly with council members to iron out any areas of concern.
But the man singled out universally as the glue that helped
hold negotiations together was David Owens, a professor in the School of
Government. He was engaged by the town to provide technical advice and to guide
the negotiations. At the end of the trustees meeting, Perry commended Owens as
someone “uniquely and totally trusted by
both sides.”
“Dr. Owens has proved that his level of integrity is matched
only by his skill and his acumen in helping us craft and develop this
agreement,” Perry said.
At the June 25 trustees meeting, Chapel Hill Mayor Kevin Foy
also was recognized for his leadership in the process.
“As Jack (Evans) said, this has spawned the basis for a
really productive relationship that is going to endure for the next 20 years,”
Foy said, “so thank you all.”

Agreement built on unprecedented trust and mutual benefits
No one can say precisely how long the University has been
trying to develop a plan for Carolina North because it depends, as Jack Evans
said, on the rather arbitrary decision when to start the clock.
The development plan the University’s Board of Trustees
approved in 2007 and that served as the basis for the development agreement
approved last month by the Chapel Hill Town Council was the fourth iteration of
University plans, following those in 1995, 2000 and 2004.
Evans, the executive director of Carolina North, described
the most recent plan as the University’s third planning “mulligan” – a
golf term that describes the practice of ignoring an errant shot and counting
only its replacement in scoring.
The analogy seemed apt enough, even though the earlier
efforts served to help the University hit the final shot close to dead center.
Preparations for the work that led to the recently approved
development agreement started in the summer of 2008 when town officials engaged
David Owens, a longtime resident of Chapel Hill and professor in the School of
Government, to help with the process.
Working with Town Manager Roger Stancil, Evans and a number
of town and University staff members, Owens crafted a tightly compressed set of
parallel processes that the group hoped would culminate in a development
agreement by the following summer. Chancellor Emeritus James Moeser had
aggressively pursued such an agreement.
“It is an ambitious agenda,” Owens told Evans at the time,
“but it can be done.”
Unprecedented trust
That both parties trusted Owens was important from the
outset. Equally important was the trust that developed in the successive
negotiating sessions involving the town council, Chancellor Holden Thorp and
trustees Roger Perry and Bob Winston.
After the historic agreement was approved, Evans noted, “I
think we should all take some satisfaction that, with David’s considerable
help, we got to where we are.”
Evans and Owens, though from the University, understood the
competing pressures faced by council members and trustees. They partnered with
Stancil to devise an open-ended, inclusive process that not only allowed
residents to voice concerns through regular forums, but also addressed those
concerns during monthly meetings of a joint group of trustees and council
members.
The difference, in the end, may have been the dramatic shift
in what council member Bill Strom described as the “atmospherics” surrounding
the decision.
When the council unanimously approved the agreement, council
member Sally Green said, “The silence up here speaks volumes.”
She could have made a similar comment about the rows of
empty chairs in the town chamber. During the meeting’s public hearing phase,
only one person spoke and she offered more praise
than criticism.
During the past year, the atmosphere had shifted from
confrontation to collaboration, and from suspicion to trust. Part of the shift
came from the strength of personal relationships forged; part from the
exhaustive, comprehensive analytical work to conduct separate environmental,
transportation and fiscal impact studies – all of which laid the
foundation for informed decisions.
Earlier, some council members had focused on the negative
outcomes they feared Carolina North might generate – from heavier traffic
to air pollution and stormwater runoff – and the fiscal strains
associated with them.
Gains for both sides
Stancil also pointed out that the town gained more in the
development agreement after the yearlong discussions than it could under
existing state law or town ordinances.
Among the gains: a requirement to offer affordable housing
and a firm commitment that the University would contribute to the stormwater
utility and commit to sustainable systems for water re-use and reclamation.
Another key point was the University’s commitment to remain
a partner with the towns of Chapel Hill and Carrboro in the Chapel Hill Transit
system for the life of the development agreement. With that commitment in
place, council members who had pushed for transit solutions for Carolina North
could be assured that the University was equally committed.
Similarly, Evans told trustees at the specially called June
25 meeting that the community input had been invaluable.
That input included work in 2004 by the Horace Williams
Advisory Committee and the Carolina North Leadership Advisory Committee (LAC).
The LAC was a cross-section of University, town and community leaders who met
monthly from March 2006 to January 2007 to forge areas of agreement on
development principles.
In the final weeks leading to the agreement’s approval, the
University agreed to some final transportation changes.
The University will make needed transportation improvements
prior to the occupancy of buildings and submit an annual schedule to the town
to show how road improvements would stay in sync with scheduled growth. And the
University will work with the town to develop a bike and pedestrian pathway to
campus.
Council member Jim Ward advised that the newly forged
town-gown relationship not be taken for granted.
“Our history isn’t rich with times that this could happen
from my 35 years here,” Ward said. “It’s a bit quixotic. Just because we have
it now doesn’t mean we will have it a year from now. This is a long-term
agreement so we need to put a lot of hard work into nurturing this
relationship. It will not flourish without effort.”
At the special trustees meeting on June 25, both Perry and
Mayor Kevin Foy emphasized the importance of sustaining the newly created
relationship.

What key players in the process had to say
“About a year ago the town manager called and asked if I
would be available to assist in what he called a short-term project to design a
review process for Carolina North. … It’s been an exceptionally rich process to
go through this past year.”
David Owens, School of Government professor,
June 22
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“It’s been a privilege for me to see the collaborative process
that has ensued and I have enjoyed being a part of it. … One important thing is
to assure all of you that, as Roger Stancil pointed out, this is a living
document and it has a lot of ongoing commitments in terms of what we will
strive to do regarding transit, the pedestrian pathway and conservation. I
don’t have the slightest hesitation in agreeing to participating in those terms
for as long as this development agreement is in effect.”
Holden Thorp, UNC chancellor,
June 22
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“I am enormously optimistic that the growth of Carolina
North is going to lead to a significant increase in commercial dynamism as well
as whole tech-transfer effort on the part of the University.”
Matt Czajkowski, council member,
June 22
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“Neighborhoods for Responsible Growth would like to
recognize the town and the University for making a consistent effort to include
the public throughout this process. Not only have you listened, but you’ve
worked with us to incorporate many of our suggestions into the development
agreement.”
Janet Smith, speaking for NRG,
June 22
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“We think the proposed development agreement is a better
document because of the comprehensive input and review during that process. I
particularly want to single out David Owens for his special contributions
– his expertise, his assistance with mediation efforts, the fact that he
is knowledgeable both about the University and the community, and perhaps
foremost, the fact that he is trusted by all participants in this process.”
Jack Evans, Carolina North executive director,
June 22
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“I am really happy to support this development agreement. I
think it has turned out to be an excellent, innovative document that is worth
all the time that we’ve put into it. It’s flexible. It’s a planning tool. … I
think the way that it has been conceived and how it is going to play out over
time is really good for the University and good for the town.”
Kevin Foy, Chapel Hill mayor,
June 22
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“We are just so pleased with the collaborative spirit that
the town and the University have demonstrated as they have worked on this
together. We think this document will have enormous benefit to both.”
Roger Perry, Board of Trustees chair,
June 16 joint meeting
with council members
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“I do honestly feel that the town supporting UNC’s growth in
the long run is the right thing to do – and having the University so
interested in growing in a way that matches the town’s values is encouraging
for everyone.”
Bill Strom, council member,
June 22
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Carolina North timeline
Upon his death, retired professor Horace Williams, founder
of the UNC philosophy department, leaves more than 24 area properties to the
University, including the land north of campus that became known as the Horace
Williams tract.
While the date of construction of Horace Williams Airport
has not been precisely determined, its earliest depiction appears in the May 14
M Regional Aeronautical Chart.
A long-term study results in a report by JJR Incorporated
and Parson Brinckerhoff that establishes key elements of planning and transportation
systems for the development of the property. The plan featured a mixed-use
“University Village,” assumed the continued operation of the airport and called
for 56 percent of the property to be developed.
A UNC advisory committee working with Ayers Saint Gross
architectural firm produces a land-use plan that limits new development to
about 30 percent of the site. Much of the new campus is to be built alongside
the runway of the airport, which would continue operation.
Town of Chapel Hill’s Horace Williams Citizens’ Committee
meets throughout the year and issues a report in January 2004 outlining the
town’s goals for
Carolina North.
A UNC advisory committee works with Ayers Saint Gross to
design a conceptual plan for Carolina North featuring five mixed-use
“neighborhoods” and assuming closure of the airport.
A conceptual plan is presented to University trustees, who
endorse a vision for Carolina North. First occupants of Carolina North are
projected to be the School of Pharmacy, the School of Public Health and FPG’s
FirstSchool. Trustees vote in May to close the airport and move AHEC’s
operations to Raleigh-Durham International Airport.
UNC creates the Carolina North Leadership Advisory
Committee. Jack Evans, business professor and former dean of the Kenan-Flagler
Business School, is named executive director of Carolina North.
University planners work extensively with Ayers Saint Gross
to develop a concept master plan limiting development to 25 percent of the
property, concentrated on the current airport site. Through a series of
community meetings, public concerns are addressed and ideas incorporated into
the plan, which trustees approved
in September.
In October, UNC submits its plan for Carolina North to the
Chapel Hill Town Council, requesting that the town and University work to
develop a text amendment for a new zoning district, a map amendment and
development agreement for the new campus.
In January, the town council approves a special-use permit
for the construction of the Innovation Center, the first building planned for
Carolina North. In June, the council unanimously approves the new zone and a
development agreement; trustees ratify the decision at a special meeting later
that week.
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