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: |
Proposed Rezoning to Create a Neighborhood Conservation District for the Coker Hills Neighborhood |
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date: |
October 8, 2007 |
PURPOSE
Enactment of the attached Ordinance would amend the Zoning Atlas to create a Neighborhood Conservation District for the Coker Hills neighborhood.
BACKGROUND
The Council held a public hearing on September 17, 2007, and received citizen, Planning Board and Council comments. The Council continued the hearing until tonight, and referred the comments to the Manager and Attorney for consideration in developing a follow-up report and recommendation.
If enacted by the Council, the attached Ordinance would amend the Town’s Zoning Atlas. The Neighborhood Conservation District Plan would also become a component of the Zoning Atlas, and a copy of the Plan would be attached to the Land Use Management Ordinance.
KEY ISSUE
We believe that the key issue raised during the September 17, 2007 public hearing was reference to a previously submitted protest petition. At the Public Hearing, citizens raised a concern that a protest petition submitted last year regarding an earlier Neighborhood Conservation District proposal was determined to be invalid for the current proposal.
Comment: By law, formal “Protest Petitions” could be filed against this rezoning. A formal Protest Petition that meets legal requirements would increase the number of votes needed to enact this rezoning. If a protest petition was submitted and determined to be valid, a three-fourths vote by the Council would be required to enact the new zoning.
In May 2006, we presented a preliminary recommendation to the Council that included a Neighborhood Conservation District for this neighborhood with the following limited guidelines: 1) .6 acre minimum lot size; and 2) no additional land area necessary for accessory apartments. On May 10, 2006, the Council received a valid and effective protest petition against that proposal that was signed by owners of 33.7 percent of the land area in the Coker Hills neighborhood.
We have determined that the 2006 protest petition is not applicable to the current proposal because there has been a significant change to the preliminary recommendation submitted to the Council in May 2006. As a result, this proposal was determined to constitute a new application for a map amendment. A notice mailed to residents on March 28, 2007 included a statement about the invalid protest petition. In addition, residents were informed of the invalid determination at a Planning Board meeting on April 3, 2007. A notice mailed to all property owners and owners of property within 1,000 feet of the proposed boundary in August 2007 announcing the September 17 public hearing included a statement that information on protest petitions was available from the Town Clerk or the Planning Department. The notice also stated that the deadline to file a new protest petition for the new application was September 12, 2007 at 5pm. A new protest petition was not filed with the Clerk’s Office. Approval of the Neighborhood Conservation District rezoning as proposed with the attached Ordinance, would require a simple majority vote.
RECOMMENDATIONS
There are three justifications for rezonings: a) to correct a manifest error in the chapter; 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. We believe that the proposed rezoning to create a Neighborhood Conservation District for the Coker Hills neighborhood is consistent with the Comprehensive Plan and Land Use Plan.
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 1).
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 2) and outlined in the summary chart below.
Staff Recommendation: We believe that creating a Neighborhood Conservation District for the Coker Hills neighborhood as proposed by the Coker Hills Consensus Committee is consistent with the Comprehensive Plan and the Land Use Management Ordinance, and therefore recommend that the Council enact the attached Ordinance A 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.
We note that, as proposed, the rezoning would not become effective until January 1, 2008.
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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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Land Use Regulation |
Current Zoning |
Coker Hills
Consensus Committee |
Planning Board Recommendation |
Town Staff Recommendation |
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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. Cokers Hills Consensus Committee Neighborhood Consensus Committee (p. 12).
2. Summary of Planning Board Action – June 5, 2007 (p. 13).
3. September 17, 2007 Memorandum to the Mayor and Town Council (begin new page 1).