AGENDA #5a
|
TO: |
Roger L. Stancil, Town Manager |
|
FROM: |
J.B. Culpepper, Planning Director Gene Poveromo, Development Coordinator Ralph D. Karpinos, Town Attorney |
|
SUBJECT: |
Response to Petition Regarding the University of North Carolina Purchase of Wilson Court/Cameron Avenue Property |
|
DATE: |
April 11, 2007 |
The purpose of this memorandum is to respond to a petition (Attachment 1) submitted by the Westside Neighborhood Association regarding the University of North Carolina purchase of property located at the corner of Wilson Court/Cameron Avenue.
On March 26, 2007, the Council received the attached petition from the Westside Neighborhood Association. The petition refers to a recent purchase by the University of North Carolina of property located at the west corner of Wilson Court and Cameron Avenue. The site is located in the Residential-3 zoning district and is within the Cameron/McCauley Local Historic District and the West Chapel Hill National Register District.
In the petition neighbors express concern over the University’s plans for this site, which they believe may be planned as an off-site parking area. The neighbors have requested information from the Council regarding what Town or State regulations apply to University development at this location.
Central to the petitioners’ concerns is the following question:
“Are there any regulations in the Town of Chapel Hill ordinances or State of North Carolina regulatory powers governing historic districts that can be used to prevent the placement of a temporary or permanent parking lot within the Cameron McCauley Local Historic District and the West Chapel Hill National Register District?”
Below is a brief outline of the regulatory authority of Town Ordinances and state regulatory powers as they relates to land use by the University in local historic districts and National Register Districts.
Land Use and the Town Code: The Town of Chapel Hill Code of Ordinances (including the Land Use Management Ordinance) and State Law on zoning, in general, do not apply to University property unless the activity proposed by the University involves a building on that property.
Comment: In this respect, a temporary or permanent parking lot is not considered an “activity by the University (that) involves a building…” Therefore, the use of this site by the University, for a parking lot, is not subject to the land use regulations of the Land Use Management Ordinance.
Historic District and Certificates of Appropriates: State Statutes (Section 160A-400.9(f )) state that the historic district provisions, in particular obtaining a Certificate of Appropriateness, shall apply to the University. Unlike general zoning statutes, the application of historic district regulations is not, by state law, limited to buildings of the State and its agencies and political subdivisions.
Comment: A Certificate of Appropriateness is required for construction or alteration of the exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features).
Previous examples of University projects for which a Certificate of Appropriateness was required include the renovation (exterior and hardscape) of the Love House, at East Franklin and Boundary Streets, and the renovations to streetscape on the southside of McCauley Street (between Pittsboro and South Columbia Street) in association with the construction of the new Global Education Center on South Columbia Street.
With respect to the construction of a parking lot within a local historic district, we believe that the University must apply for and obtain a Certificate of Appropriateness from the Historic District Commission.
Historic Districts as Separate Use Districts: In addition to the State Statute noted above, Section 160A-400.4 (excerpted below in italics) could be employed to regulate land use development by the University within a local historic district:
“Such ordinance may treat historic districts either as a separate use district classification or as districts which overlay other zoning districts. Where historic districts are designated as separate use districts, the zoning ordinance may include as uses by right or as conditional uses those uses found by the Preservation Commission to have existed during the period sought to be restored or preserved, to be compatible with the restoration or preservation of the district.”
Comment: The Town currently has three local historic “overlay districts.” The Chapel Hill Historic District Commission regulates the appearance of buildings and structures, including hardscape in these overlay districts. With the implementation of one or more “separate use districts”, as noted in Section 160A-400.4 of the State Statutes, we believe that the Chapel Hill Historic District Commission could regulate the uses permitted in such district(s).
Further study would be needed if the Council wished to consider this option, but based on the language of the statute, in a “separate use” historic district the Town would have further authority to regulate uses of land by the University (as well as other property owners), based on compatibility with the historic district, whether or not there a building was part of the proposed use.
National Register: Please see attached National Register Fact Sheet from the State Historic Preservation Office for information on legal protection of National Register properties.
Proposed use of this site by the University: We have asked the University to provide a written response on how they intend to use this property in the future. As of the writing of this memorandum, we have not received a written response to this request. We recommend that the Council adopt the attached resolution asking the Mayor to formally request that the University provide such information.
We recommend that the Council consider the information in this memorandum and, direct staff on how to proceed. We also recommend that the Council adopt the attached resolution.