TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposed Rezoning to Create a Neighborhood Conservation District for the Pine Knolls Neighborhood
DATE: June 12, 2006
PURPOSE
The purpose of this memorandum is to provide information to the Council about a proposed rezoning to create a Neighborhood Conservation District for the Pine Knolls neighborhood. An attached map shows the proposed boundary for the Neighborhood Conservation District (please see Map 1). The areas within the proposed boundary are zoned Residential-3 (R-3) and Residential-4 (R-4). The Neighborhood Conservation District would be an overlay district to the regular zoning districts. The attached plan would constitute the terms of the Neighborhood Conservation District.
The attached Ordinance would amend the Chapel Hill Zoning Atlas to create a Neighborhood Conservation District for the Pine Knolls neighborhood.
The Council held a public hearing on May 15, 2006, and received citizen, Planning Board and Council comments. A copy of the memorandum is attached (please see Attachment 1). The Council continued the hearing until tonight, and referred comments received at the forum to the Manager and Attorney for consideration in developing a follow-up report and recommendation.
If enacted by the Council, the attached Ordinance would amend the Town’s Zoning Atlas. The Neighborhood Conservation District Plan would also become a component of the Zoning Atlas, and a copy of the District Plan would be attached to the Land Use Management Ordinance.
At the May 15, 2006 public hearing, the Council heard discussion of key issues (summarized below) and recessed the hearing until tonight.
KEY ISSUES
We believe that the three key issues raised during the May 15, 2006 public hearing and during the process of developing guidelines for the Neighborhood Conservation District are: 1) the district boundary; 2) nonconformities; and 3) the bathroom to bedroom ratio.
1. Boundary: Three owners of property (Manley Estates, Lincoln Center Chapel Hill–Carrboro City Schools, and Mainsail Development, LLC) located on Merritt Mill Road spoke at the Public Hearing or petitioned the Council requesting exclusion from the proposed Neighborhood Conservation District boundary. The Manager’s recommendation includes these properties in the Neighborhood Conservation District boundary.
Comment: There has been ongoing discussion throughout the process about the inclusion of these properties in the neighborhood meetings and meetings with the Planning Board. We recommend inclusion of all three of these areas in the Neighborhood Conservation District boundary. As reported in the May 15, 2006 memorandum, we recommend that the proposed standards apply only to single-family dwellings (and single-family dwellings with accessory apartments). Property developed in a manner other than single-family would continue to be in the proposed Neighborhood Conservation District boundary, but not subject to the standards of the overlay district. Development other than single-family would require consideration by the Town Council as a rezoning and/or Special Use Permit.
2. Nonconformity: A Council Member requested additional information regarding the potential nonconformity status of properties within an overlay district.
Comment: We recommend that the Council continue utilizing the standard Ordinance language regarding nonconformity. Early in the Neighborhood Conservation District process, the consultant had suggested consideration of language to establish that existing uses and features would be “not nonconforming.” We have reviewed the idea and do not believe it is desirable. Nonconforming status is an accepted language in State law that identifies a use or feature as lawfully established but no longer conforming to current regulations. Town regulations provide a special status for these lawfully established nonconformities. Nonconformities are acknowledged with any change to regulation and can be rebuilt if damaged or destroyed.
In the Pine Knolls neighborhood, we expect some nonconforming uses to be created with the establishment of a Neighborhood Conservation District that prohibits duplexes. Existing duplexes will have a special nonconforming status and can be rebuilt if damaged or destroyed.
In addition, we expect some nonconforming features to be created with the establishment of the overlay zoning district. These nonconforming features relate to floor area ratio and height limits. Existing single family structures that exceed the proposed floor area ratio or proposed lower height limit can be rebuilt if damaged or destroyed because of the special nonconforming status.
We note that zoning overlay district standards such as floor area ratios and height regulations are subject to variance procedures as described in Section 4.12 of the Land Use Management Ordinance.
Please refer to the May 15 Memorandum for a more detailed discussion of nonconformity.
3. Bathroom to Bedroom Ratio: The May 15 recommendation stated that “a dwelling with more than two bedrooms and a bathroom to bedroom ratio of 1.0 or greater, shall be classified as a Rooming House unless the dwelling is occupied by a person related by blood, adoption, marriage or domestic partnership, with not more than two unrelated persons.” A Council Member raised concern that this regulation would not allow a same-sex couple (that were not registered as domestic partners) in a foster parenting arrangement to occupy a dwelling as a household.
Comment: We have reviewed this language and we interpret adoption to include foster parenting status. We have included language to this effect in the proposed Neighborhood Conservation District Plan.
TOWN ENFORCEMENT OF ZONING STANDARDS
The creation of a new Neighborhood Conservation District establishes an increased level of Town regulation. These new town regulations will likely result in a higher demand for Town intervention and subsequent higher costs in legal fees. If the new overlay zoning districts are enacted, we will monitor the impact of the new regulations and report to the Town Council.
RECOMMENDATIONS
As stated in the May 15, 2006, memorandum (please see Attachment 1), there are three justifications for rezonings: a) to correct a manifest error in the chapter; b) to respond to changed or changing conditions in a particular area or in the jurisdiction generally; or c) to achieve the purposes of the Comprehensive Plan. We believe that the proposed rezoning to create a Neighborhood Conservation District for the Pine Knolls neighborhood is consistent with the Comprehensive Plan and Land Use Plan.
Planning Board Recommendation: On April 18, 2006, the Planning Board voted to recommend a Neighborhood Conservation District for the Pine Knolls neighborhood as described in the attached Summary of Planning Board Action (provided as part of Attachment 1) and summarized in the chart below.
Manager’s Recommendation: We believe that creating a Neighborhood Conservation District for the Pine Knolls neighborhood is consistent with the Comprehensive Plan and the Land Use Management Ordinance, and therefore, recommend that the Council enact the attached Ordinance approving the proposed Zoning Atlas Amendment.
Summary of Recommendations
for the Pine Knolls
Neighborhood Conservation District Plan
|
Current Zoning |
Manager’s Recommendation |
Planning Board Recommendation |
|
|
1. Duplexes |
Currently allowed in R-3 and R-4 |
Not Permitted |
Not Permitted |
|
2. Maximum Floor Area Ratio for Single-Family Dwelling (or Single-Family with Accessory Apartment) |
N/A |
0.25 |
0.25 |
|
3. Maximum Size for Single-Family Dwelling (or Single-Family dwelling with Accessory Apt) |
N/A |
2,500 Square Feet |
2,500 Square Feet |
|
4. Maximum Secondary Building Height |
Maximum Secondary Height of 60 feet |
Maximum Secondary Building Height of 35 Feet for Single-Family dwelling (or single-family with accessory apartment) only |
Maximum Secondary Building Height of 35 Feet, Excluding Public Use Facilities, Elementary and Secondary Schools |
|
5. Bedroom to Bathroom Ratio for Single-Family Dwelling (or Single-Family with Accessory Apartment) |
N/A |
A dwelling with more than 2 bedrooms and a bathroom ratio of 1.0 or greater shall be classified as a Rooming House unless the dwelling is occupied by persons related by blood, adoption (including foster parenting status), marriage or domestic partnership, with not more than two unrelated persons. |
A dwelling with more than 2 bedrooms and a bathroom ratio of 1.0 or greater shall be classified as a Rooming House unless the dwelling is occupied by persons related by blood, adoption, marriage or domestic partnership, with not more than two unrelated persons. |
|
6. Maximum Percent of Front Yard Used for Parking |
40% |
30% |
30% |
|
7. Zoning Compliance Permit Notification |
N/A |
Property owners within 1,000 feet must be notified if an increase in floor area is proposed or if garages are proposed. No additional waiting period. |
Property owners within 1,000 feet must be notified if an increase in floor area is proposed or if garages are proposed. No additional waiting period. |
|
Land Use Regulation |
Current Zoning |
Manager’s Recommendation |
Planning Board Recommendation |
|
8. Boundary |
N/A |
Include Lincoln Center, Mainsail Properties, and Manley Estates with the provision that standards only apply to Single-Family development (and Single-Family with accessory apartment) |
Include: Lincoln Center, Mainsail Properties, and Manley Estates |
June 12, 2006
ATTACHMENTS
1. May 15, 2006 Memorandum to the Mayor and Town Council and its related attachments (begin new page 1).
2. Pine Knolls Neighborhood Conservation District Plan (p.36).
MAP
1. Map of Pine Knolls Neighborhood Conservation District (p. 40).
