ATTACHMENT 1
STAFF REPORT
Subject: Rusch Hollow Development – Application for Special Use Permit Modification
(File No. 7.23.D.14, 15, 17, 20)
Date: June 19, 2006
INTRODUCTION
The Town has received a request from Orange County Habitat for Humanity for a Special Use Permit Modification to expand the boundary of the Rusch Hollow residential development. The proposed boundary expansion would encumber an additional 10,431 square feet of land area. 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 beyond the land development intensity authorized by the Town Council in 2003.
The site is located on the south side of Zieger Lane, approximately 130 feet east of Rogers Road. The site is located in Orange County, in the northern Joint Planning Transition Area (JPA), 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 approximately 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.
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.
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.
EVALUATION
The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offer the following evaluation. This evaluation is based on the rezoning of the site to Residential-Special Standards-Conditional.
Existing Conditions
Location: The 10,431 square foot site is located south of Lots 3 and 4 in the Rusch Hollow residential development. The site is also the northern most portion of a residential lot that fronts on Rusch Road.
Existing Structures: Currently there are no structures on either Lot 3 or the portion of the adjoining lot that is proposed to be combined with Lot 3.
Access: The proposed development site has direct access to Zieger Lane.
Topography, Drainage, Vegetative Cover: The site is generally level and clear of vegetation.
Development Description
Development: In 2003, the Town Council’s approval of the Rusch Hollow development authorized a development consisting of fourteen lots containing 17 dwelling units. In 2003 the applicant proposed to construct single family dwelling units for twelve 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 15,477 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.
Access: Vehicular access to Lot 3 is proposed from Zieger Lane.
Stormwater: Stormwater control for the proposed larger Lot 3, including controls for rate, quality and volume is proposed to be managed and addressed by an existing stormwater pond/bio-retention facility located at the eastern end of Zieger Lane.
Ordinance Requirements
Zoning: The 10,431 square foot site, proposed to be added to the existing 5,045 square foot Lot 3, is located within the Town’s Joint Planning Transition Area and currently zoned Residential-1 (R-1). Except for the adjacent Rusch Hollow development all adjacent properties are zoned Residential-1 (R-1).
Residential-Special Standards-Conditional Zoning District: In 1999, the Town Council adopted an ordinance creating the Residential-Special Standards-Conditional (R-SS-C) zoning district. The intent of the Council’s action was to design a residential zoning district that, with flexible design standards for lot size, density and other land intensity specifications, would encourage development of affordable housing. Although R-SS-C zoning designation does not ensure or mandate an affordable housing component, it is the expressed expectation of the Council that the Special Use Permit application that accompanies an R-SS-C rezoning application would include an offer of affordability by the applicant.
Affordable Housing: This Special Use Permit Modification application includes a proposal by the applicant to provide, for rental, an affordable triplex dwelling unit on the proposed 15,476 square foot Lot 3.
Resolution A includes a stipulation requiring that the applicant submit, for Town Manager review and approval, copies of the deed restrictions addressing the affordability component of this propose development. The documents must be approved by the Town Manager prior to the recordation of a final plat.
Resolution A also includes a stipulation that this site is included in the Rusch Hollow homeowners association. We recommend that prior to the recordation of the final plat, the applicant submit, for Town Manager review and approval, a copy of the homeowners association documents.
Dimensional Standards: The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance’s for the Residential-Special Standards-Conditional zoning district.
Schools Adequate Public Facilities Ordinance: This proposed Special Use Permit Modification for Lot 3 is subject to the School Adequate Public Facilities Ordinance. Resolution A includes a stipulation that the applicant provide the necessary Certificates of Adequacy of Public Schools prior to recordation of the final plat.
Comprehensive Plan: We note that the Comprehensive Plan adopted by the Council on May 8, 2000 encourages affordable housing.
Recreation
Recreation Area and Improvements: Unlike a major subdivision or typical multi-family development, recreation improvements or a recreational payment-in-lieu is not required for development in the Residential-Special Standards-Conditions zoning district. However, the development of the original Rusch Hollow project included the dedication of approximately 7,500 square feet of land to the homeowners association for recreational use.
Transportation
Access and Circulation: Vehicular access to the proposed development is planned from the existing Zieger Lane which includes a sidewalk along the frontage of the lot.
Traffic Impact: A Traffic Impact Analysis was not required for this development proposal or the 2003 Rusch Hollow proposal.
Sidewalks: A sidewalk exists along the Lot 3 frontage on Zieger Lane.
Landscaping and Architecture
Buffers and Landscaping: Landscape bufferyards are not required for development located within the Residential-Special Standards-Conditions district. The applicant is not proposing a buffer on the proposed 15,477 square foot Lot 3.
Building Elevations: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. This recommendation is included in Resolution A.
Environmental
Impervious Surface Limits: Although the Rusch Hollow development is located outside of the Watershed Protection District, the site is subject to impervious surface limits under the Land Use Management Ordinance. Non-commercial developments located outside of the Watershed Protection District are subject to impervious surface limits of 24% (low density option) or 50% (high density option).
Forty-four percent (44%) of the overall Rusch Hollow development site is proposed to be covered by impervious surface area and therefore the proposed development on Lot 3 must comply with water quality standards under the high density option. The applicant is proposing to use the existing stormwater facility, at the east end of Zieger Lane, to manage runoff rate, volume and water quality standards for the expanded Lot 3.
Resource Conservation District: We do not believe that the 10,431 square foot site includes Resource Conservation District. The applicant is in the process of submitting a stream determination request to the Town’s Engineering Department. We anticipate that the determination will be completed prior to the Council’s Public Hearing.
Stormwater Management: We understand that the applicant is proposing to use the existing stormwater management facility, at the east end of Zieger Lane to control and treat residential stormwater from this site so that the project complies with the Land Use Management Ordinance. We recommend that the applicant submit revised Stormwater Management calculations for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Erosion Control: The soil erosion and sedimentation control plan approved with the Final Plans for the 2003 Rusch Hollow development satisfies the erosion control requirements for the proposed development on Lot 3.
Utilities and Service
Refuse Management: The Town, upon annexation, will provide refuse collection service for the Rusch Hollow development. Approval of the Final Plans for the initial Rusch Hollow development included a Solid Waste Management Plan, including provisions for recycling and private refuse collection.
Utilities: Public utilities are available for the proposed development on the proposed 15,477 square foot Lot 3.
Fire Safety: The closest existing fire hydrant is approximately 250 feet away, on the west side of Rogers Road, across from Rusch Road. Three fire hydrants were installed with the original construction of the Rusch Hollow development.
Miscellaneous
Special Use Permit Findings: For approval of a Special Use Permit, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:
(a) 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;
(b) That the use or development complies with all required regulations and standards of the Land Use Management Ordinance, 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;
(c) That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and
(d) That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.
CONCLUSION
Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms with the Comprehensive Plan.
Resolution A would approve the application with conditions. Resolution B would deny the application.