ORDINANCE
(Moratorium)
WHEREAS, the Council of the Town of Chapel Hill has considered a proposal to amend the Zoning Atlas to enact a temporary moratorium on Rezoning applications, Special Use Permit and Special Use Permit Modification applications, Major Subdivision applications and Site Plan Review applications in the Northern Study Area of Chapel Hill excluding that portion of the area in the Joint Planning Transition Area; and
WHEREAS, the Land Use Plan of the Town of Chapel Hill Comprehensive Plan calls for mixed use, high and medium density residential at development nodes and along transit corridors in the Northern Area and calls for development which is transit oriented and accessible to pedestrians and bicyclists and; and
WHEREAS, the Council finds a moratorium achieves the purpose of the Comprehensive Plan by temporarily stopping development in the Northern Area until standards are in place to facilitate mixed used, transit oriented, pedestrian and bicycle friendly development.
The description of the area subject of the moratorium is indicated on the attached map (Exhibit 1);
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill:
Statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the Town and why those alternative courses of action were not deemed adequate.
Development proposals are anticipated for several properties in the northern area of Town.
Existing development in the Northern Area has historically been designed primarily for access by automobiles. Commercial and business areas serving the community are distant and separated from adjoining neighborhoods. Existing major roads are designed to provide for the fast and efficient movement of automobiles but also are physical barriers to access of commercial and business areas. Sections of Martin Luther King Jr. Boulevard do not have sidewalks or crosswalks and large sections of Weaver Dairy Road and Homestead Road do not have sidewalks, crosswalks or attractive bicycle facilities. To address worsening these conditions with future development a different approach is desired to bring residential uses and community services closer together to provide facilities for and accessibility to transit, pedestrians and bicyclists.
When considering recent proposals for new development in the area, the Council has raised concerns about the orientation, form and uses proposed and about how these proposals address the community goals and objectives of the Comprehensive Plan. Concern has been expressed about the appropriate form, density and uses within the northern area.
For the development nodes and transportation corridors in the study area, the Town especially wishes to encourage transit oriented development and a mix of uses.
The Town wishes developments to be well served by alternative modes of transportation, and to make the northern area more accessible to pedestrians and bicyclists.
The Council has identified a need to provide a more detailed vision for the future of undeveloped property and property which may be redeveloped in the northern area of the Town, in particular for the development nodes and transportation corridors in the study area. The Council wishes to provide guidance for and to put regulations/standards in place to implement that vision. Time will be required to prepare, review and enact such regulations or other changes.
The following describes other actions that have been considered in lieu of a moratorium, but are not deemed adequate.
Within the northern study area there are undeveloped properties or properties likely to be developed or redeveloped within a zoning classification other than Residential-1 (R-1). Residential-1 is the zoning district in the Land Use Management Ordinance which permits low density residential development density and some other uses.
An action to downzone existing properties on the major transportation corridors would allow the Council to limit the scope of development without the Council first approving a rezoning. Any subsequent applications for conditional use zoning and Special Use Permit would need to be initiated by property owners, and undergo a full public review based on the Town’s Land Use Management Ordinance and Comprehensive Plan. As part of the conditional zoning and permit process, the owner would have the opportunity to offer considerations for achieving the Council’s objectives of the Comprehensive Plan, including affordable housing, energy efficiency, and providing higher density residential uses and mixed-used transit-oriented developments at activity nodes and along transportation corridors.
Lower density (R-1) residential development is not consistent with the land use plan designations for many of these properties. Further, Residential-1 zoning may be inappropriate because a location may not be suited for residential use.
If the properties were to be developed under Residential-1 zoning, the initiative could result in higher housing prices and reduced housing choice. Houses on larger lots, due to land and infrastructure costs, generally are more expensive than houses built on smaller lots. The anticipated difference, however, may be marginal when comparing the total number of houses that could be built under Residential-1 zoning (1/3-acre lots) compared with Residential-2 (1/4-acre lots) zoning. The difference would potentially be more significant on property currently zoned for mixed uses.
The owners of these properties, if they desire to develop at a higher density or with different uses, would need to apply for conditional use rezoning with an accompanying Special Use Permit application. We do not know how many of the affected property owners would apply to have their property rezoned to a higher density residential or mixed-use transit-oriented district in the future. The property could be developed at the rezoned lower density. If no or few rezoning proposals result, this action has the potential to produce a different result: Lower density housing than what otherwise would have been built.
Subsequent rezoning to a higher density later would go through a full review and analysis in terms of the Land Use Management Ordinance and Comprehensive Plan.
Rezoning to Residential-1 (R-1) in lieu of a moratorium may not result in significant progress towards addressing the Council’s concern about the type and design of development along the Martin Luther King Jr. Boulevard, Weaver Dairy Road and Eubanks Road corridors. A preferred approach is for the Council to consider the recommendations of the Northern Area Task Force to establish a vision for the area. The Council can then provide more specific guidance on the design of development within these corridors.
The Land Use Management Ordinance includes various residential and non-residential use districts. The Town has two zoning districts, other than the Town Center zones that promote transit-oriented development. At the March 7, 2007 work session the Council discussed zoning that would facilitate mixed uses and higher densities.
The Land Use Management Ordinance includes a Mixed-Use-Village (MU-V) zoning district which promotes vertical mixed-use development in a transit-oriented fashion (such as the East 54 Development recently approved). The Town is in the process of developing standards for our Transit-Oriented Development District (TOD). The Council traditionally has not zoned property prior to receiving an application for development. This has afforded the Council greater flexibility and leverage when considering conditional use rezoning with an accompanying Special Use Permit application.
With the exception of the Mixed Use-Village zoning district, and the Transit-Oriented Development district, we believe that the existing, residential and non-residential use districts contained in the Land Use Management Ordinance are unlikely to achieve the vision for higher intensity mixed-used and transit-oriented development outlined by the Council in its work session March, 2007. The Town is developing a Transit Oriented Development District as part of its work to prepare a Long Range Transit Master Plan for the Town. Recommendations for transit-oriented regulations will be available later this year. The recommendations could be applied to the development nodes and transportation corridors in the study area.
Statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.
The moratorium shall apply to Rezoning applications, Special Use Permit and Special Use Permit Modification applications, Major Subdivision applications and Site Plan Review applications in the Northern Study Area as designated on the attached map (Exhibit 1). As recommended a moratorium would not apply to any permits associated with administrative approval including single family and two family homes, administrative Zoning Compliance Permits, administrative minor subdivisions (less than four dwelling units) or sign permits and would not apply to Planning Board approval of minor subdivisions.
A moratorium on these specific development applications hereby is established. Pursuant to this moratorium the Town shall not accept nor process applications for Rezonings, Special Use Permit and Special Use Permit Modification, Major Subdivision and Site Plan Review until the Council has established a vision for the Northern Study Area and considered development regulations, design standards and appearance guidelines to shape the form, intensity and orientation of future development in the area.
The Council has directed the Northern Area Task Force to:
Date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.
Date for termination of the moratorium is January 31, 2008.
The duration is necessary to:
· Allow the Northern Area Task Force time to undertake its tasks as identified above.
The Task Force has been directed to make its final report in October of 2007.
· Enact Ordinances or new guidelines to implement the Task Force recommendations as possible follow-up action. Time would be required for the Council to consider and enact any changes to the Comprehensive Plan, the Design Guidelines and/or the Land Use Management Ordinance which may result from the work of the Task Force. A Public Hearing on any proposed changes is tentatively scheduled for November, 2007 and could be enacted in January, 2008.
Statement of the actions, and the schedule for those actions, proposed to be taken by the Town during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.
The Council directs that the following schedule of actions be followed for the duration of the moratorium.
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Key Steps |
Time |
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Council Appoint Task Force |
April 23, 2007 |
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Mid May 7, 2007 |
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Task Force (Tasks):
Task Force Proposals Drafted |
May to September, 2007 |
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Present Task Force Report to Town Council Town Council Refer to Planning Board for Recommendation |
October 8, 2007 |
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Planning Board Recommendation |
November, 2007 |
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Council Public Hearing |
As early as November 12, 2007 |
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Council Action |
As early as January, 2008 |
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This ordinance shall become effective on the date it is approved by the Town Council of the Town of Chapel Hill. It shall remain in effect until January 31, 2008 (unless otherwise extended by the Town Council of the Town of Chapel Hill) in accordance with its terms except that, as provided in G.S. 160A-381, this ordinance shall not apply to:
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 21st day of May, 2007.