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MEMORANDUM |
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TO: |
Roger L. Stancil, Town Manager |
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FROM: |
J.B. Culpepper, Planning Director Ralph D. Karpinos, Town Attorney |
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SUBJECT: |
Public Hearing: Possible Extension of Development Moratorium in the Northern Area |
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DATE: |
January 14, 2008 |
PURPOSE
Completion and enactment of the attached ordinance (Attachment 1) would extend the current moratorium for the Northern Area. We recommend that the Ordinance not be enacted. We recommend that the Public Hearing not be continued beyond tonight.
Tonight, the Council is receiving public comment in support of and in opposition to a proposed Zoning Atlas Amendment to extend the temporary moratorium on development within the Northern Study Area of Chapel Hill, which is scheduled to expire on January 31, 2008. The ordinance would apply to Rezoning applications, Special Use Permit applications, Major Subdivision applications and Site Plan Review applications.
Enactment of the ordinance would continue a moratorium on these development applications and would continue to stop additional development proposals coming forward in the Northern Area until the Council has addressed the stated problems leading to enactment of the temporary moratorium.
We recommend that the Council close the Public Hearing and take no action, allowing the current Moratorium to expire on January 31, 2008.
This package of
material has been prepared for the Town Council’s consideration, and is
organized as follows: The
Council is also holding a Public Hearing on a related item tonight to consider
Implementation Proposals for the Northern Area. Please refer to the attached
memorandum, Implementation Proposals for the Northern Area. BACKGROUND On March 7, 2007, the Council held a work session to
review development activity in the northern area of Chapel Hill. On
March 26, 2007, the Council considered a follow-up report outlining alternatives
to address the issues raised at the work session. The Council took the
following actions: On
April 23, 2007, the Town Council considered additional information concerning
the implications on downzoning or rezoning developable property and enacting a
moratorium. On
May 21, 2007, the Town Council enacted a moratorium on development within the
Northern Study Area set to expire January 31, 2008. On
September 24, 2007, the Council received and referred (to selected Advisory
Boards and Commissions and the Town Manager and Attorney) the Final
Report of the Chapel Hill Northern Area Task Force as well as the Chapel Hill
Northern Area Workshop: Transit Oriented Development Concept Plans, thanking
the Task Force for the work. On
October 8, 2007, the Council called a Public Hearing November 12, 2007 to
consider proposed implementation strategies for recommendations of the Northern
Area Task Force and closure of the development moratorium. On
November 12, 2007, the Town Council held a Public Hearing to consider proposed
implementation strategies for recommendations of the Northern Area Task Force,
including the following. On
November 19, 2007, the Town Council called for tonight’s Public Hearing to
consider extending a moratorium on development within the Northern Study Area (Hyperlink
<http://tinyurl.com/yuyymm>). The
current moratorium will end on January 31, 2008. Tonight,
January 14, 2008, the Council is holding a Public Hearing to consider extending
this moratorium on development within the Northern Study Area. North
Carolina General Statute Section 160A-381(e) stipulates the authority for
enactment and extension of temporary development moratoria for municipalities
in this State. Attachment 3 is a copy of that Statute. The
Statute states that in order to extend or renew a moratorium, a city must “have
taken all reasonable and feasible steps proposed to be taken by the city in its
ordinance establishing the moratorium to address the problems or conditions
leading to the imposition of the moratorium.” In
addition, there must be “new facts and conditions” which warrant an extension
of the moratorium. The
ordinance renewing or extending the moratorium will need to include, at the
time of adoption, the following findings: (1) A clear
statement of the problems or conditions necessitating the moratorium and what
courses of action, alternative to a moratorium, were considered by the city and
why those alternative courses of action were not deemed adequate. (2) A clear
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. (3) An express
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. (4) A clear
statement of the actions, and the schedule for those actions, proposed to be
taken by the city during the duration of the moratorium to address the problems
or conditions leading to imposition of the moratorium. In
addition, any ordinance extending an existing moratorium must articulate what new
facts or conditions warrant the extension. We
do not believe that extension of the development moratorium is warranted by new
facts and conditions in the northern area. We believe that the current
development moratorium should be allowed to expire given the anticipated
actions of the Council tonight. Improved conditions include the Northern Area Task
Force Report, which was produced by the Council appointed Task Force, and is
recommended for adoption as a component of the Comprehensive Plan in a related
agenda item tonight. Other work that is currently underway that we believe will
positively influence development in the Northern Area, includes the Long Range
Transit Plan, work of the Higher Density Development Steering Committee, the possible
updating of the Chapel Hill Comprehensive Plan, and Town sustainability
projects such as carbon emissions reduction and greenhouse gas programs.
Additionally, we are also proposing new recommendations, based on Council
comment at the November 12 and November 19 meetings, for improving community
planning. Please see the accompanying memorandum, Implementation Proposals for
the Northern Area, for more detailed information. RECOMMENDATIONS Recommendations are summarized
below. Planning Board Recommendation: On December 4, 2007,
the Planning Board voted 5-0 to recommend against extending the current temporary
development moratorium and that properties identified for rezoning be rezoned
to Residential-1 (R-1). A Summary of Planning Board Action is attached. Staff
and Town Attorney’s Recommendation:
We recommend that the Council take no action on the attached ordinance, thereby
ending further consideration of this item. We do not believe that the legally
required basis for extension of this moratorium as described above and spelled
out in the attached statute can be demonstrated. Should
the Council choose to delay final action on this item that could occur on
January 28, 2008, prior to the expiration of the current temporary moratorium
on January 31, 2008. Attachments Agenda Items #7 and 8 ADDITIONAL INFORMATION (January 14, 2008)
DISCUSSION