Chapel Hill is moving forward with the first major project submitted under the new zoning rules in the Ephesus-Fordham district, but not everyone is pleased with the process.

The Town Council last week reviewed the Village Plaza Apartments project, planned for the vacant lot next to Whole Foods on Elliot Road. During the Council’s courtesy review, Matt Czajkowski railed against the project and the new form-based code.

“It’s astonishing to me that the first project out of the box is so appalling that you almost couldn’t have concocted it as such, to show all of the glaring weaknesses in the form-based code that we passed and that we, apparently, have no meaningful opportunity to revise,” said Czajkowski.

The proposal calls for a six story building with 266 apartments, 15,600 square feet of retail and a parking deck with 463 spaces.But unlike other large mixed-use developments, this one doesn’t require approval from the Council, just a Certificate of Appropriateness from the Town Manager.

Under form-based code, the Council sets out parameters for development including building height and parking requirements, but final approval rests with the Town Manager, provided the project meets the guidelines.

Chapel Hill resident Jane Kirsch told the Council she’s worried the code isn’t rigorous enough to guarantee quality development.

“I am standing her pleading with you to take the time to reconsider this one. This form-based code thing, I don’t get at all. I hope you do,” said Kirsch. “I hope you will reconsider it and give this your very best efforts, because I think Chapel Hill can do a whole lot better than this project.”

While a small portion of the 190 acre Ephesus-Fordham district does offer developers a density bonus for building affordable housing, there’s no mandate for affordable housing where Village Plaza Apartments is planned.

“How many apartments are there? 266. How many affordable units? Zero. No expectation whatsoever of affordable units. We knew it when we put this [code] in place, now we’re seeing it,” said Czajkowski.

Some on the council were also concerned about a plan to move the Booker Creek Greenway closer to the creek to make way for a new street to access the site.

Still, Council member George Cianciolo argued the apartments would be a better use of land than the currently vacant lot.

“This may or may not be successful, but what’s been there for the last ten years or so certainly has not contributed one iota to this town,” said Cianciolo.

The review also raised questions about how the new code should be revised. Sustainability Officer John Richardson pointed to contradictions in the code that the council will need to resolve next year, including conflicting requirements for bike parking.

The Community Design Commission reviewed Village Plaza Apartments last Tuesday before voting unanimously that the plan was in compliance with the code.

The project now awaits final approval from Town Manager Roger Stancil. He has a November 12 deadline to sign off on the plan.

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