Development without Infrastructure Planning

Email: Councilors,

First, wishing each of you a happy, healthy, and safe New Year.

My intent was to communicate with each of you over the holidays. That proved to be more difficult on both my part and yours with Council being on hiatus since the scheduling of the public hearing for this rezoning. I would still like to do so if you have the time prior to the hearing.

I have asked to have the public hearing deferred to a later date. Obviously, that fell on deaf ears. So we are left with an eight-minute opportunity to present a case in opposition to this rezoning, which will set the framework for development for Midtown far beyond your terms in office.

It is not a complicated case unless you choose to create guidelines beyond those already clearly defined in the Midtown – Saint Albans area plan and 2030 Comprehensive plan. The Planning Commission did so, despite concerns about buildings of excessive heights facing existing low-density residential areas. You are not being asked to help Kane Realty fill the voids in North Hills / Lassiter Mill nodes. You are being asked to follow the guidance provided to you in existing policies that have been developed by the residents and approved by Council. In other words, “Follow the plan, man” as expressed several times by a Council member.

This is not the first time that this case is being presented. The only thing that has changed is the composition of the Council and Mayor. You are again being asked to judge the elements of the application with the same guidance that was in place when this case was previously presented five years ago.

The same inconsistencies exist now that existed then:

• • LU 5.4 Density Transitions
  • LU 5.7 Building Height Transitions
  • AP-MT 12 Midtown Height

What is missing this time around:

• • No Bus Transit Center, will be located somewhere along Six Forks but not within Regional Mixed Use Center
  • No Step Down Transitions for buildings along Lassiter Mill (only stated condition is for Rowan), Main focus of Midtown area plan
  • No Land for Fire House expansion – fire station is scheduled to close without a plan, location, or budget.
  • Note – not even a provision for public bathrooms in a Regional Mixed Use center!

The most glaring absence: No provisions for affordability. Because the application is not adding density beyond entitlement – they are avoiding the guidance for affordability that others have complied with in Midtown.

One last point for now. There hasn’t been an approval for any building heights greater than 20 stories since the Midtown plan was approved by Council in 2020. Those that have been approved contained provisions for affordability. Why is Kane Realty different? There is supposed to be a variety of housing. Where are provisions for workforce housing? All the community is gaining is perpetual shading, removal of trees along Six Forks, and canyon effects from oversized buildings which are located in the wrong places.

Please defer this decision until more public discussion can happen, such as within a Council committee. This is my abbreviated request because I know that you have received other similar requests covering other aspects of this rezoning. Don’t listen to the sales pitch. Follow City guidance. There isn’t any rush for a commitment, especially for a project that is “mostly consistent but fails on the guidance that matters.”

Looking forward to discussing this further.

Larry Helfant