AGENDA #5
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Rusch Hollow- Application for Special Use Permit Modification
DATE: June 19, 2006
INTRODUCTION
The Town received a request from Habitat for Humanity for a Special Use Permit Modification to expand the boundary of the Rusch Hollow residential development. The proposed boundary expansion would result in an additional 10,431 square feet of land area being encumbered by the Special Use Permit. The proposed site is adjacent to and south of Rusch Hollow Lot 3. The proposal will not increase the number of lots or residential units in the Rusch Hollow development as approved by the Town Council in 2003. The property is located off of Rogers Road, between Zieger Lane and Rusch Road in Orange County, outside the Town Limits of Chapel Hill, and is identified as Chapel Hill Township Tax Map 23, Block D, part of Lot 17.
Associated with this request is an application for a Zoning Atlas Amendment to rezone the 10,431 square feet from Residential-1 (R-1) to Residential Special Standards Conditional (R-SS-C). Please refer to the accompanying memorandum for additional information on this application.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.
Staff Report: Offers detailed description of site and proposed development.
Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and applicant’s materials.
PROCESS
The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.
The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
DESCRIPTION OF THE APPLICATION
In 2003, the Town Council’s approval of the Rusch Hollow development authorized a development consisting of 14 lots containing 17 dwelling units. In 2003, the applicant proposed to construct single family dwelling units for 12 of the lots. The two remaining lots were proposed to contain rental units. Initially the applicant planned to construct the rental units on lot 1 (duplex) and lot 9 (triplex).
Because revisions by the applicant resulted in the construction of a single family structure on Lot 9, the applicant is proposing to increase the land area of Lot 3 from 5,045 to 15,476 square feet and construct the residential triplex on the larger Lot 3.
The Special Use Permit Modification proposal will not increase the number of lots or residential units beyond the land development intensity authorized by the Town Council in 2003.
BACKGROUND
On September 15, 2003, the Chapel Hill Town Council approved a Zoning Atlas Amendment and Special Use Permit for the Rusch Hollow neighborhood. Council action changed the zoning from Residential-1 to Residential-Special Standards-Conditional and also authorized a multi-family development containing 12 single family dwelling units, a two-unit structure and a three-unit structure. A copy of the adopted resolution is attached to this memorandum.
On March 14, 2006, the Town of Chapel Hill received an application from Orange County Habitat for Humanity for a Zoning Atlas Amendment to rezone approximately 10,431 square feet of land adjacent to and south of Lot 3 in the Rusch Hollow development. The applicant is requesting that the 10,431 square foot site be rezoned from Residential-1(R-1) to the Residential-Special Standards-Conditional (R-SS-C) zoning district in order to construct an affordable triplex on Lot 3 in the Rusch Hollow development. In addition to the Zoning Atlas Amendment application, Habitat for Humanity also submitted this application to modify the Rusch Hollow Special Use Permit boundary.
We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. We have prepared a Staff Report that discusses affordable housing, access and circulation, building elevations, buffers and landscaping, impervious surface limits, stormwater management, refuse service, and utilities. A checklist describing compliance with regulations is also provided as an attachment to this memorandum.
Based on our evaluation, our preliminary recommendation is that the application as submitted, complies with the regulations and standards of the Land Use Management Ordinance and Design Manual with the conditions in Resolution A. We believe the proposal conforms with the Comprehensive Plan.
Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and other citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.
Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit Modification. The four findings are:
Special Use Permit – Required Findings of Fact
Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.
Finding #2: That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;
Finding #3: That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.
Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved, and accordingly, should be denied by the Council.
KEY ISSUES
No Key Issues were identified during the staff or Advisory Board review.
SUMMARY
We have attached a resolution that includes conditions of approval as well as special conditions that we recommend for this application. The special conditions that we recommend are described in detail in the accompanying staff report. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan.
Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification application for this site:
Applicant accepts and records a Special Use Permit Modification, which incorporates the terms of the Council-adopted resolution.
Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:
Community Design Commission reviews and approves building elevations and site lighting.
Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.
Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way; and
Inspections Department issues Building Permits and Certificates of Occupancy.
RECOMMENDATIONS
Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.
Planning Board Recommendation: On May 2, 2006, the Planning Board voted 8-0 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Planning Board Action.
Transportation Board Recommendation: On May 16, 2006, the Transportation Board voted 6-0 to recommend that the Council approve this application, with the adoption of Resolution A. Please see the attached Summary of Transportation Board Action.
Community Design Commission Recommendation: On May 17, 2006, the Community Design Commission voted 6-0 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Community Design Commission Action.
Bicycle and Pedestrian Advisory Board Recommendation: On May 23, 2006, the Bicycle and Pedestrian Advisory Board voted 7-0 to recommend that the Council approve this application, with the adoption of Resolution A. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action .
Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance.
Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the required findings for approval of a Special Use Permit Modification, we recommend that the application be approved with the adoption of Resolution A.
Resolution B would deny the application.
ATTACHMENTS
