AGENDA #7a
to: Roger L. Stancil, Town Manager
from: J.B. Culpepper, Planning Director
Gene Poveromo, Development Coordinator
subject: Orange United Methodist Church - Zoning Atlas Amendment: Conditional Use Rezoning Application (File No. 9880-20-9389)
DATE: March 17, 2008
INTRODUCTION
Tonight, the Council continues the February 18, 2008 public hearing regarding an application from Orange United Methodist Church for a conditional use rezoning for a portion of the church property. We recommend that the Council enact the attached Ordinance amending the zoning atlas map as proposed by the applicant.
DESCRIPTION OF THE APPLICATION
Zoning determines the type and intensity of uses and development that are allowed on a piece of land. An application for a Zoning Atlas Amendment for rezoning involves a change to the current zoning, and thus the permitted types and intensity of land uses.
The application proposes to rezone a 11.5-acre portion of the church property from Residential-2 (R-2) to Residential-3-Conditional (R-3-C). The applicant has also submitted an accompanying application for a Special Use Permit Modification to construct 57,000 square feet of additional floor area and 188 new parking spaces on 16 acres. Please see the accompanying memorandum for information regarding the proposed Special Use Permit Modification.
The site is located at 1220 Martin Luther King, Jr. Boulevard and is identified as Parcel Identifier Number 9880-20-9389.
CONDITIONAL USE REZONING REQUEST
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 applicant, Orange United Methodist Church, has submitted a Conditional Use Zoning application and a Special Use Permit Modification application.
With respect to conditional use rezoning requests, the Council has adopted a resolution (attached) stating the Council’s expectations for maximizing potential for energy conservation as a component of conditional rezoning applications. For additional information on the applicant’s response to this expectation adopted by the Council, please refer to the Energy Management section in the staff report attached to the Orange United Methodist Church Special Use Permit Modification memorandum.
PROTEST PETITION
Opportunity for a protest petition to a proposed amendment to the Zoning Atlas is provided for under North Carolina statutes. No protest petition was filed with the Town Clerk.
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 that, “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.
Article 4.4 further indicates:
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.
The Council has discretionary authority to approve or deny a rezoning request. As with a conditional use rezoning request, the specific proposal in the accompanying Special Use Permit Modification application is related to the rezoning request. We believe it is appropriate for the Council to consider a specific Special Use Permit Modification proposal on that application in tandem with a rezoning hearing. If the Council does not find the Special Use Permit proposal to be an acceptable use of the property, we would recommend that the Council not approve the rezoning request.
ANALYSIS OF THE APPLICATION
Analysis of an application to amend the zoning atlas is organized around the requirement of the Land Use Management Ordinance as stated in Article 4.4 of the Land Use Management Ordinance. Article 4.4 states that the Land Use Management Ordinance (including the zoning atlas) 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.
Each of these requirements, with respect to this proposed rezoning application, is discussed below:
A) An amendment to the Land Use Management Ordinance (rezoning) is necessary to correct a manifest error in the chapter (zoning atlas).
Staff Comment: We believe the information in the record to date can be summarized as follows:
· Argument in Support: The applicant has not offered arguments to support this circumstance. We were unable to identify any arguments in support of a manifest error.
· Argument in Opposition: To date no argument in opposition has been submitted.
B) An amendment to the Land Use Management Ordinance (rezoning) is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
· Arguments in Support: The applicant has not offered argument to support this circumstance.
· Arguments in Opposition: To date, no argument in opposition has been submitted.
C) An amendment to the Land Use Management Ordinance is necessary to achieve the purposes of the Comprehensive Plan.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
· Arguments in Support: Arguments in support of this finding are offered in the applicant’s Statement of Justification (please see attached Statement). Portions of the applicant’s Statement of Justification are copied below:
“The Comprehensive Plan, within the Land Use and Development section, defines a goal for future land use to be an extension of the existing land use, and that of maintaining Chapel Hill’s established community character. The goal of Orange United Methodist Church is in direct alignment with that of this section. To maintain the existing community character, while also providing for the expanding needs of the community…The purposes of the Comprehensive Plan will be achieved through this Conditional Use re-zoning (sic) because:
1) it helps preserve the history and traditions of the town, and
2) it helps maintain the desire future pattern of land use in Chapel Hill.
The existing and proposed use for this property, Place of Worship, is a permitted use within this district, and will be compatible with the district in which it is located and with the conditions of the Comprehensive Plan.” [Applicant’s Statement]
Arguments in Opposition: To date, no argument has been submitted indicating that this development would be inconsistent with the Comprehensive Plan.
Additional Information: We note that the Land Use Plan, a component of the Comprehensive Plan, adopted on May 8, 2000, identifies this area as Residential-2, in which a place or worship is a permitted use.
Planning Board Recommendation: The Planning Board reviewed this application on December 18, 2007 and voted 6-0 to recommend approval of the rezoning.
Staff Recommendation: We recommend that Council enact the attached Ordinance, rezoning an 11.5-acre portion of the church property from Residential-2 (R-2) to Residential-3-Conditional (R-3-C). We believe that the rezoning could be justified based on finding C as described above.
The attached Resolution would deny the rezoning request.
ATTACHMENTS
ADDITIONAL INFORMATION (March 17, 2008)
