AGENDA #3a
|
TO: |
Roger L. Stancil, Town Manager |
|
|
FROM: |
J. B. Culpepper, Planning Director Gene Poveromo, Development Coordinator |
|
|
SUBJECT: |
Public Hearing: Homestead Twin Towns Development – Application for a Zoning Atlas Amendment (File No. 9870-61-8194) |
|
|
DATE: |
April 16, 2007 |
|
Tonight, the Council is considering a request for a Zoning Atlas Amendment to rezone a 21.5-acre site from Residential-2 (R-2) to the Residential-4-Conditional (R-4-C) zoning district. The site is located on the south side of Homestead Road, just west of Seawell School Road. The property is identified as Orange County Identifier Numbers 9870-61-8194; a portion of 9870-61-8593; a portion of 9870-70-1770; and 9870-71-3197.
|
This package of material has been prepared for the Town Council’s consideration, and is organized as follows:
|
On April 4, 2006, the Town of Chapel Hill received an application for a Zoning Atlas Amendment to rezone 21.5 acres of land on the southwest corner of the intersection of Homestead Road and Seawell School Road. Accompanying the Zoning Atlas Amendment was a Special Use Permit application.
The applicant has requested that the site be rezoned from Residential-2 (R-2) to the Residential-4-Conditional (R-4-C) zoning district. The existing Residential-2 zoning district allows a maximum density of 86 units and 66,864 square feet of floor area. The accompanying Special Use Permit application proposes 72 units and meets the density requirements for the existing Residential-2 (R-2) zoning district. The proposed Special Use Permit does not meet the Residential-2 (R-2) floor area limitations.
The “conditional” designation means that, if the rezoning is approved, no development may occur on the property unless the Town Council approved a Special Use Permit.
A Joint Planning Area Land Use Plan was initially adopted in 1986. Chapel Hill has since adopted a new Land Use Plan in May 2000 which Orange County adopted as an amendment to the 1986 Joint Planning Area Land Use Plan effective October 1, 2003.
The application site is located at the southwest corner of the intersection of Homestead Road and Seawell School Road. The Joint Planning Area Land Use Plan, as amended, in this location is designated as “Low Residential,” one to four units per acre. The Residential-4-Conditional (R-4-C) zoning district allows a residential density of up to 10 units per acre. The accompanying Special Use Permit application calls for a density of approximately 3.3 units per acre.
Zoning determines the type and intensity of uses and development that are allowed on a piece of land. A Zoning Atlas Amendment involves a change to the current zoning, and thus the permitted types and intensity of land uses. In Chapel Hill, a rezoning may be requested in two ways: general use and conditional use rezoning requests. A general use rezoning request is to change the zoning to a different zoning district in which any of several kinds of developments and uses are permissible. A conditional use rezoning request is to allow development and uses only with approval of a Special Use Permit. This rezoning application is a conditional use rezoning request and is therefore accompanied by a Special Use Permit application. Consequently, if the conditional use rezoning request were to be approved by both the Town Council and the County Commissioners, the applicant would still need to receive approval for a Special Use Permit application prior to development actually occurring on the site.
The zoning designation of a property determines the range of land uses and development intensities permitted on the property. Article 4.4 of the Land Use Management Ordinance establishes the intent of Zoning Atlas Amendments by stating that, “In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except:
Article 4.4 further indicates:
It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan.
The Council has discretionary authority to approve or deny a rezoning request. With a conditional use rezoning request, the specific proposal in the accompanying Special Use Permit application is related to the rezoning request. We believe it is appropriate for the Council to consider a specific Special Use Permit proposal on that application, in tandem with a rezoning hearing. If the Council does not find the Special Use Permit proposal to be an acceptable use of the property, we recommend that the Council not approve the rezoning request.
Opportunity for a protest petition to a proposed amendment to the Zoning Atlas is provided for under North Carolina Statutes. If a protest petition is filed with the Town Clerk, the proposed rezoning shall not become effective except by favorable vote of not less than seven (7) members of the Town Council. Protest petition forms and additional information are available from the Planning Department. As of the writing of this memorandum, we are not aware of any valid protest petitions.
Analysis of this application is organized around the requirement of the Land Use Management Ordinance that Article 4.4 shall not be amended except a) to correct a manifest error in the chapter; or b) because of changed or changing conditions in a particular area or in the jurisdiction generally, or c) to achieve the purposes of the Comprehensive Plan.
Staff Comment: We believe the information in the record to date can be summarized as follows:
Arguments in Support: We were unable to identify any arguments in support of a manifest error.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
Arguments in Support: No arguments have been made to date in support of changed or changing conditions in this particular area.
We note that the following developments near the Homestead Twin Towns site have been constructed since the current zoning on the property was established:
Staff Comment: We believe the information in the record thus far can be summarized as follows:
Arguments in Support: Arguments in support of this finding are offered in the applicant’s Statement of Justification (Attachment 4), which provides several references to the Comprehensive Plan. Portions of the applicant’s Statement of Justification are copied below:
“The area of Chapel Hill surrounding the proposed “Homestead Twins” has received a new park, a social and community services center, senior center, and a new fire station and will in the near future be home of the University of North Carolina’s next public-private campus. The proposed Homestead Twins will place homes within walking distance or a short commute to all of these existing services. This will further the goals of the Comprehensive Plan by reducing automobile traffic, encouraging walking and biking and directing the development of housing where infrastructure already exist.” [Applicant’s Statement]
“The proposed community is located within walking distance to Seawell Elementary, Smith Middle School, and Chapel Hill High School. As part of our proposed plan, we will construct sidewalk along Seawell School Road to connect the community with the schools. It has become clear that there are significant advantages to having our children walk to school. It is safer, healthier, and less costly than riding a bus, kids get to know their fellow students and neighbors, it frees up traffic and congestions around schools at drop off and pick up times, and it is simply better for the environment.” [Applicant’s Statement]
Arguments in Opposition: To date, no arguments have been submitted indicating that this development would not be consistent with the Comprehensive Plan.
Recommendations are summarized below. Please see the attached summary of recommendations from the Planning Board.
Planning Board Recommendation: On April 3, 2007, the Planning Board voted 7-0 to recommend approval of the Zoning Atlas Amendment application. Please see the attached Summary of Planning Board Action.
Preliminary Recommendation: We believe that the rezoning could be justified based on finding C, as described above, as addressing the provision of services and infrastructure in the Northwest Area. Our preliminary recommendation is that the Council enacts the attached ordinance, rezoning the property from Residential-2 (R-2) to the Residential-4-Conditional (R-4-C zoning district.
The attached Resolution would deny the rezoning request.
