memorandum
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to: |
Roger L. Stancil, Town Manager |
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from: |
J.B. Culpepper, Planning Director Loryn Clark, Housing and Neighborhood Services Coordinator |
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subject: |
Public Hearing: Proposed Neighborhood Conservation District for the Coker Hills Neighborhood |
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date: |
September 17, 2007 |
PURPOSE
Tonight, the Council considers a proposed Zoning Atlas Amendment to create a Neighborhood Conservation District for the Coker Hills neighborhood. An attached map shows the proposed boundary for the Neighborhood Conservation District (please see Map 1).
This package of material has been prepared for the Town Council’s consideration, and is organized as follows:
BACKGROUND
The Land Use Management Ordinance includes a provision for creating Neighborhood Conservation Districts. The purpose of creating a Neighborhood Conservation District is to preserve and protect unique and distinctive older in-town residential neighborhoods or commercial districts which contribute significantly to the overall character and identity of the Town.
A Neighborhood Conservation District is created as an overlay zoning district by enactment of an ordinance to designate the district. The rezoning ordinance would identify the designated district boundaries and reference the new regulations. The Land Use Management Ordinance also states that a conservation plan shall be approved as part of a Zoning Atlas Amendment creating a Neighborhood Conservation District.
On June 15, 2005, in response to a formal neighborhood petition, the Council initiated the process to begin the development of the Coker Hills Neighborhood Conservation District.
On February 21, 2006, Clarion Associates presented to the Planning Board its recommendation for a Coker Hills Neighborhood Conservation District. Residents from the Coker Hills neighborhood presented favorable and unfavorable opinions about the recommendation. On June 12, 2006, the Council postponed a decision about the Coker Hills Neighborhood Conservation District in order to give the neighborhood more time to work together. This led to the creation of the Coker Hills Consensus Committee, which consisted of Coker Hills’ residents and a liaison from the Planning Board. Please see Attachment 2 for the Coker Hills Consensus Committee Neighborhood Conservation District Proposal.
Based on a recommendation from the Planning Board, on April 11, 2007, the Council directed the Town Manager to poll the affected households to determine if there was at least 51 percent support for a Neighborhood Conservation District in the Coker Hills Neighborhood. On May 15, 2007, a ballot was mailed to all property owners in Coker Hills requesting a vote in favor of or against the Neighborhood Conservation District as proposed by the Consensus Committee.
On June 5, the Planning Board received the results of the neighborhood poll. Of the 129 ballots sent, 86 were returned. Sixty-two (72 percent) voted in support of the proposed Neighborhood Conservation District proposal and 24 (28 percent) voted in opposition to the proposal. At that meeting, the Planning Board voted 8-1 to recommend that the Council amend the Chapel Hill Zoning Atlas to create a Neighborhood Conservation District for the Coker Hills neighborhood, as proposed by the Coker Hills Consensus Committee.
On June 11, 2007, the Council received the Planning Board recommendation and scheduled tonight’s Public Hearing to consider a Zoning Atlas Amendment to create a Neighborhood Conservation District for the Coker Hills neighborhood.
A more detailed description of the background for the Coker Hills Neighborhood Conservation District process is provided as Attachment 3.
DISCUSSION
The following provides a summary of the recommendations as proposed by the Coker Hills Consensus Committee and preliminary staff recommendations to the proposal:
1. Neighborhood Conservation District Boundary: The Consensus Committee recommended the same boundary as was previously proposed by Clarion Associates (See Map 1). The Committee continues to recommend exclusion of properties in the Vernon Hills Subdivision.
Preliminary Staff Recommendation: We also recommend the boundary that was previously proposed by Clarion Associates.
2. Minimum Lot Size: The Coker Hills neighborhood is currently zoned Residential-1 (R-1), which requires a minimum lot size of 17,000 square feet or .39 acre. The Consensus Committee recommendation is to change the minimum lot size to 26,000 square feet, or .6 acre.
Preliminary Staff Recommendation: We also recommend increasing the minimum lot size to .6 acre. Existing lots below the .6 acre minimum lot size would become nonconforming lots. Please refer to Attachment 4 for a discussion of nonconformity.
3. Maximum Floor Area Ratio: The current R-1 zoning does not apply a floor area ratio to single-family homes. We note that this type of regulation was included in previous Neighborhood Conservation Districts. The Consensus Committee’s recommendation is to impose a floor area ratio of .2.
Preliminary Staff Recommendation: We also recommend the creation of a floor area ratio of .2, as proposed.
4. Maximum House Size: The current R-1 zoning does not provide a maximum house size. We note that this type of regulation was included in previous Neighborhood Conservation Districts. The Consensus Committee’s recommendation is to cap the maximum square footage of a house at 7,500 square feet.
Preliminary Staff Recommendation: We also recommend to cap the maximum building square footage of a house at 7,500 square feet, as proposed.
5. Minimum Street Setback: The current R-1 zoning requires a minimum street setback of 28 feet. The Consensus Committee recommendation is to change the minimum street setback to 40 feet.
Preliminary Staff Recommendation: We also recommend increasing the minimum street setback to 40 feet. Existing structures that do not meet this regulation would have a nonconforming feature. Please refer to Attachment 4 for a detailed discussion of nonconforming features. The regulations provide a special status if a home no longer complies with the setback regulations that allow the structure to be rebuilt if damaged or destroyed.
6. Minimum Interior Setback: The current R-1 zoning requires a minimum interior setback of 14 feet. The Committee’s recommendation is to change the interior setback to 20 feet.
Preliminary Staff Recommendation: We also recommend increasing the minimum interior setback to 20 feet. The Chapel Hill Land Use Management Ordinance distinguishes between an interior setback and a solar setback, which in R-1 zoning is 14 feet and 17 feet respectively. We believe that the recommendation refers to both setbacks and recommend the increase of both to 20 feet. Existing structures that do not meet this regulation would have a nonconforming feature. Please refer to Attachment 4 for a detailed discussion of nonconforming features. The regulations provide a special status if a home no longer complies with the setback regulations that allow the structure to be rebuilt if damaged or destroyed.
7. Accessory Dwelling Units: The recommendation from the Consensus Committee includes a provision that no additional minimum lot size be required to develop an accessory apartment, and that one accessory apartment is permitted on each lot with a single-family dwelling.
Preliminary Staff Recommendation: We also recommend that no additional minimum lot size be required to develop an accessory apartment, and that one accessory apartment is permitted on each lot with a single-family dwelling, as proposed.
8. Effective Date: The recommendation from the Consensus Committee states that the effective date of the Neighborhood Conservation District should be January 1, 2008.
Preliminary Staff Recommendation: We also recommend that the effective date of the Neighborhood Conservation District should be January 1, 2008, as proposed.
The Coker Hills Neighborhood Conservation District is proposed as a Zoning Atlas Amendment. The Land Use Management Ordinance requires the Town Manager to: 1) conduct an evaluation of the proposed rezoning; 2) present a report to the Planning Board; 3) notify property owners of the proposal; 4) hold a public hearing; and 5) present a report and recommendation to the Town Council.
Public Notice
On August 28, 2007, notice of the public hearing was sent to the property owners within the proposed Neighborhood Conservation District and owners of property within 1,000 feet of the proposed Neighborhood Conservation District (please see Attachment 5). Notice of the proposed rezoning was also included in the Town Week section of the Chapel Hill News on Sunday, September 2, and Sunday, September 9. Copies of the agenda materials for the proposed rezoning are available in the Town Clerk’s office. Documents are also available on the Town’s website (www.townofchapelhill.org).
Format Tonight
The Council is holding a public hearing to receive citizen comment on a proposed rezoning. Typically, the Council refers comments made at the public hearing to the Manager and Town Attorney for a follow-up report. We anticipate returning to the Council with a follow up report for consideration on October 8, 2007.
Protest Petitions
By law, formal “Protest Petitions” may be filed against this rezoning. A formal Protest Petition that meets legal requirements would increase the number of votes needed to enact this rezoning. The notice mailed on August 28, 2007 included a statement that information on protest petitions was available from the Town Clerk or the Planning Department. If a protest petition is submitted and determined to be valid, a three-fourths vote by the Council would be required to enact the new zoning. The deadline for filing protest petitions with the Town Clerk was Wednesday, September 12, 2007 at 5pm. We will report at tonight’s Public Hearing regarding any valid protest petitions that have been submitted.
Zoning determines the type and intensity of uses and development that are allowed on a piece of land. 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. The Coker Hills neighborhood rezoning proposal is a general use rezoning. The designation would be as an overlay zone.
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:
“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 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.
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.”
Comprehensive Plan
Land Use Plan
The entire area proposed for rezoning is designated as Low Residential (1-4 units/acre) on the Chapel Hill Land Use Plan, adopted May 8, 2000. Residential-1 zoning districts are consistent with this land use designation.
Zoning Justification
As noted in the “Zoning Atlas Amendments” section of this memorandum, there are three justifications for rezonings: 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. Only one justification needs to be met in order for the Council to approve a rezoning.
Following is a response to the three required considerations:
A. A rezoning is necessary to correct a manifest error.
We do not believe that the current Residential-1 zoning of this site is a manifest error.
B. A rezoning is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
We do not believe that this rezoning is necessary because of changed or changing conditions in the area or in the jurisdiction generally.
C. A rezoning is necessary to achieve the purposes of the Comprehensive Plan.
Argument in Support: It is reasonable to believe that the Coker Hills neighborhood may be affected by growth pressures related to the demand for housing.
We believe creating a Neighborhood Conservation District for the Coker Hills neighborhood is consistent with the following Comprehensive Plan policies:
The area is characterized by larger lots, and lots that are dominated by woodland and tree stands. We believe that these homes and their settings have a cohesive character that is worth preserving. As noted above, the proposed rezoning is also consistent with the proposed area’s designation of Low Residential (1-4 units/acre) on the Town’s Land Use Plan.
Arguments in Opposition: Some residents of the neighborhood have expressed the belief that their neighborhood has not been adversely affected by growth pressures related to the demand for housing and is not in jeopardy of losing the elements that define it. For that reason, these residents have argued that the restrictions imposed by the Neighborhood Conservation District are not needed.
Evaluation of Neighborhood Conservation District Plan: As described above, the proposed changes to the underlying zoning district are intended to meet the goals of the Comprehensive Plan to protect those elements that define the community character.
NEXT STEPS
Following tonight’s Public Hearing, we will complete a Neighborhood Conservation District Plan for the Coker Hills neighborhood. The Neighborhood Conservation District Plan will detail the guidelines for the Neighborhood Conservation District and the boundary. The Plan would be incorporated as part of the Land Use Management Ordinance, and will be subject to modification in the same manner as any other amendment to the Zoning Atlas.
The Plan will be prepared following the opening of the Public Hearing tonight, and will be presented when the Hearing is continued at the time this item returns for Council consideration.
RECOMMENDATIONS
Coker Hills Consensus Committee Recommendation: On March 27, 2007, the Coker Hills Consensus Committee presented its recommendations for a Coker Hills Neighborhood Conservation District to the Planning Board (please see Attachment 2).
Planning Board Recommendation: On June 5, 2007, the Planning Board voted to recommend a Neighborhood Conservation District for the Coker Hills neighborhood as described in the attached Summary of Planning Board Action (please see Attachment 6) and outlined in the summary chart below.
Staff Recommendation: We believe that creating a Neighborhood Conservation District for the Coker Hills 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.
The following chart summarizes the Coker Hills Consensus Committee Neighborhood Conservation District proposal for the Coker Hills neighborhood, and illustrates the Planning Board and the Town Staff support of the proposal, without changes.
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Current Zoning |
Coker Hills
Consensus Committee |
Planning Board Recommendation |
Town Staff Recommendation |
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1. Boundary |
N/A |
Include entire area as proposed on Map 1 |
Include entire area as proposed on Map 1 |
Include entire area as proposed on Map 1 |
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2. Minimum Lot Size |
.39 Acre (17,000 Square Feet) |
.6 Acre (26,000 Square Feet) |
.6 Acre (26,000 Square Feet) |
.6 Acre (26,000 Square Feet) |
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3. Maximum Floor Area Ratio for Single-Family Dwelling (or Single-Family Dwelling with Accessory Apartment) |
N/A |
.2 |
.2 |
.2 |
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4. Maximum Size for Single-Family Dwelling (or Single-Family Dwelling with Accessory Apartment) |
N/A |
7,500 square feet |
7,500 square feet |
7,500 square feet |
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5. Minimum Street Setbacks for Single-Family Dwelling (or Single-Family Dwelling with Accessory Apartment) |
28 feet |
40 feet |
40 feet |
40 feet |
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6. Minimum Interior and Solar Setbacks for Single-Family Dwelling (or Single-Family dwelling with Accessory Apt) |
14 feet interior, 17 feet solar |
20 feet for interior and solar setback |
20 feet for interior and solar setback |
20 feet for interior and solar setback |
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7. Accessory Apartments |
Permitted with a 34,000 square feet minimum lot size |
Permitted – No additional minimum lot size requirement |
Permitted - No additional minimum lot size requirement |
Permitted - No additional minimum lot size requirement |
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8. Effective Date |
N/A |
January 1, 2008 |
January 1, 2008 |
January 1, 2008 |
ATTACHMENTS
1. Draft Ordinance Approving the Zoning Atlas Amendment (p. 10).
2. Coker Hills Consensus Committee Neighborhood Conservation District Proposal (p. 11).
3. Background for the Coker Hills Neighborhood Conservation District (p. 12).
4. Discussion of Nonconforming Status (p. 14).
5. Certifications of Notice to Property Owners (p. 16).
6. Summary of Planning Board Action – June 5, 2007 (p. 17).
MAP
1. Map of Proposed Coker Hills Neighborhood Conservation District, January 4, 2006 (p. 18).
