AGENDA #7

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:      Proposed Rezoning of the Mason Farm Road/Whitehead Area

 

DATE:            April 24, 2006

 

PURPOSE

 

The purpose of this memorandum is to provide information on a proposed rezoning of the Mason Farm Road/Whitehead area.

 

The attached Ordinance A or Ordinance B would rezone the Mason Farm Road/Whitehead area from Residential-1 zoning district to the Residential-Low Density 1 zoning district. An attached map shows the location and existing zoning of the subject area and surrounding areas (please see Map 1).

 

We recommend adoption of Ordinance A.

 

SUMMARY

 

On October 24, 2005, representatives from the Mason Farm Neighborhood Association presented a petition to the Council requesting that it be designated as a Neighborhood Conservation District.  The Neighborhood Association also requested that the following be prohibited during the period when the petition is under consideration: 1) the subdivision of lots; and 2) the construction of new units/remodeling of existing units that would create more than one dwelling unit on a single lot, including duplexes, except for accessory apartments expressly permitted by the Chapel Hill Land Use Management Ordinance.

 

The Council held a public hearing on March 20, 2006 and received citizen, Planning Board and Council comments.  A copy of the March 20 memorandum is provided as Attachment 1.  The Council referred comments received at the hearing to the Town Manager for consideration in developing a follow-up report and recommendation.  All comments were reviewed and considered in developing this follow-up report. 

 

We recommend that the Council enact Ordinance A.

 

KEY ISSUE

 

We have identified one issue from the Public Hearing:

 

Boundary of Rezoning:

A key issue raised at the March 20 public hearing and the Planning Board meeting was the boundary of the proposed rezoning.  There has been support for including and excluding four properties north of Mason Farm Road.  Several residents attended the February 21, 2006 Planning Board meeting and requested that the properties be included in the boundary.  A representative from UNC requested that the properties be excluded from the proposed boundary.  We continue to recommend excluding these four properties on the north side of Mason Farm Road from the proposed rezoning boundary (please see Map 2).  Three of these properties are owned by the University of North Carolina and are a part of the adjacent University Master Land Use Plan. Development of properties in this area as student family housing is underway. 

 

Enactment of Ordinance A, the Manager’s recommendation, would exclude the four lots on the north side of Mason Farm Road. 

 

Ordinance B would include the four lots on the north side of Mason Farm Road in the rezoning area.

 

RECOMMENDATIONS

 

Planning Board Recommendation: On February 21, 2006, the Planning Board voted 5-2 to recommend that the Council enact the proposed Ordinance B to change the zoning designation for this neighborhood from Residential-1 (R-1) to Residential-Low Density 1 (R-LD1).  Ordinance B would rezone the neighborhood to R-LD1 and would include the four lots on the north side of Mason Farm Road.

 

Manager’s Recommendation:  We recommend that the Council enact Ordinance A to rezone the Mason Farm Road/Whitehead area excluding the four lots on the north side of Mason Farm Road.  We believe that the R-LD1 district is the most suitable existing zoning district to protect the character and appearance of the existing residential neighborhood because it minimizes potential subdivision.  We continue to believe that the proposed rezoning from the current zoning of Residential-1 to Residential-Low Density 1 is consistent with the Comprehensive Plan and Land Use Plan.

 

Ordinance B would include the four lots on the north side of Mason Farm Road

 

Resolution A would deny the rezoning request.

 

ATTACHMENTS

 

1.      March 20, 2006 Memorandum to the Mayor and Town Council (begin new page 1).

 

MAPS

 

1.      Area Map of Neighborhood with Existing Zoning and Lot Analysis (R-1 Subdivision Potential)

2.      R-LD1 Zoning District (including R-LD1 Subdivision Potential) as recommended by the Town Manager

3.      R-LD1 Zoning District as recommended by the Planning Board