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TO: |
Roger L. Stancil, Town Manager |
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FROM: |
J. B. Culpepper, Planning Director |
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David Bonk, Long Range and Transportation Coordinator |
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SUBJECT: |
Proposed Town-Initiated Zoning Atlas Amendment for a Moratorium in the Northern Area |
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DATE: |
May 21, 2007 |
The attached Ordinance would enact a temporary moratorium on the consideration of rezoning proposals and major development applications within the Northern Study Area of Chapel Hill, excluding that portion of the area in the Joint Planning Transition Area (Map 1). The ordinance would apply to the acceptance of Rezoning applications, Special Use Permit and Special Use Permit Modification applications, Major Subdivision applications and Site Plan Review applications.
The moratorium would terminate January 31, 2008.
The Council held a public hearing on May 7, 2007, and received citizen, Planning Board, and Council comments (see memorandum, Attachment 1). The Council referred comments received at the hearing to the Manager and Attorney for consideration in developing a follow-up report and recommendation. All comments were reviewed and considered in developing this follow-up report.
We recommend that the Council enact a moratorium for the Northern Area terminating on January 31, 2008.
The key issue raised during the May 7, 2007, public hearing, with staff comments, is summarized below. Correspondence received related to the public hearing is included as Attachment 2.
1. Reasons for Moratorium: A representative for the University Station property owner acknowledged that a recent Concept Plan for the property, which had been submitted to the Council for preliminary feedback, had not been well received by the community. The property owner opposes the proposed downzoning to Residential-1 (R-1), considering it a blunt way to control the development potential of the property, and would prefer to engage in a conversation with the Northern Area Task Force during any moratorium to devise suitable alternatives for the University Station property.
A representative of the Chapel Hill Carrboro Chamber of Commerce spoke in favor of the proposed outcomes of the Northern Area Task Force, but against a moratorium. The representative expressed concerns about how potential investors would view the action, and the potential increase in construction costs caused by delay to developments, and he requested that the Town prepare policies and plans without halting development. The representative requested, that if the Council did enact a moratorium, it be for a limited time.
A citizen and member of the Northern Area Task Force spoke in favor of a moratorium as a necessity to stop development while the Task Force carries out its work.
A representative of property owners proposing to develop a medical office between Perkins Drive and University Station asked that their development be exempted from the moratorium. The representative expressed concerns about the impact on development cost and the tax base potentially arising from a moratorium, and expressed a preference for the Town to review plans and policies, but dispense with a moratorium. Please see letter received May 16, 2007 (Attachment 2).
The Planning Board recommended support of a moratorium.
Comment: 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 and standards in place to implement that vision. Time will be required to prepare, review and enact such regulations or other changes.
We believe that the justification for the moratorium is that time is required to:
Analysis of the proposed moratorium in accordance with the requirements of the North Carolina General Statutes concerning Moratoria, G.S. 160A-381(e) is provided in the staff memorandum for the Public Hearing (Attachment 2).
The Town has not received any application for the development of a medical office between Perkins Drive and University Station. Development in this location would be subject to the moratorium if enacted as proposed. We believe the future of the property should be considered part of the comprehensive review of the area by the Task Force. The property owners could engage the Task Force as it undertakes its work.
We recommend the moratorium 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. 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.
Pursuant to enacting a moratorium, the Town would not accept nor process applications for Rezonings, Special Use Permit and Special Use Permit Modification applications, Major Subdivision and Site Plan Review during the period in which the moratorium is in effect. We anticipate that at the time of termination of the moratorium, the Council will have 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 following development projects either are scheduled for Concept Plan review by the Council or have been reviewed as Concept Plan Submittals. Formal development applications have not been submitted for these projects to date, and would be stopped by a moratorium:
Tonight the Council will consider rezoning the property between I-40 and Weaver Dairy Road, and known as University Station, to Residential-1. The property would be affected by a moratorium. Please refer to tonight’s separate agenda item.
In accordance with the North Carolina General Statues establishing the right to enact Moratoria G.S. 160A-381, the moratorium would not apply to:
Concept Plans are pre-application submittals designed to receive preliminary feedback from the Council and the community before submitting a formal development application. A formal development application would be required to move forward with development after the consideration of a Concept Plan. A moratorium would not preclude submittal of a Concept Plan. However, we believe there will be no advantage in developers submitting Concept Plans during a moratorium until a vision is established for the Area. If Concept Plans are submitted to the Council or are pending consideration while a moratorium is in effect, the Council could resolve not to consider them or to offer no comment due to the moratorium.
Existing developments under construction would be unaffected by a moratorium. In addition, the following major development applications have been accepted by the Town for review, and would not be subjected to a moratorium:
If the Council decides to enact a moratorium, the schedule of actions below would be followed for the duration of the moratorium.
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Northern Area Task Force Proposals Drafted |
May to September, 2007 |
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Present Task Force Report to Council 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 |
Planning Board Recommendation: On May 1, 2007, the Planning Board voted 8-0 to recommend approval of the Zoning Atlas Amendment for a moratorium. A copy of the Summary of Planning Board Action is attached (Attachment 3).
Staff Recommendation: We recommend that the Council enact a temporary moratorium on the consideration of rezoning proposals and major development applications within the Northern Study Area of Chapel Hill, excluding that portion of the area in the Joint Planning Transition Area (Map 1). The moratorium ordinance would apply to the acceptance of Rezoning applications, Special Use Permit and Special Use Permit Modification applications, Major Subdivision applications and Site Plan Review applications in the Northern Study Area.
We recommend a moratorium as an appropriate action to maintain the development status quo during the time required for the Task Force to provide recommendations and 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. We recommend that such a process be completed by the end of January 2008.
If the Council decides to proceed with the proposal, the attached Ordinance would enact the moratorium for the Northern Area terminating at the end of January 2008.
If the Council determines not to proceed with the proposed moratorium, no action is required.
