AGENDA #8

memorandum

to: Roger L. Stancil, Town Manager

from: J.B. Culpepper, Planning Director
Loryn Clark, Housing and Neighborhood Services Manager

subject: Glen Lennox/Oakwood Neighborhood Conservation District Petition

date: April 28, 2008

PURPOSE

The purpose of this memorandum is to respond to a citizen petition to designate the Glen Lennox/Oakwood community as a Neighborhood Conservation District. The memorandum includes two resolutions for the Council’s consideration:

Adoption of Resolution A would invite the residents of the Glen Lennox Area to demonstrate with a petition that 51% of property owners seek to initiate Phase One of the Neighborhood Conservation District process.

Adoption of Resolution B would initiate Phase One of the Neighborhood Conservation District process for the Glen Lennox/Oakwood neighborhood. If adopted, the Council would need to propose an initial boundary for consideration by the Planning Board.

We recommend adoption of Resolution A.

PETITiON BACKGROUND

On March 17, 2008, the Council received a citizen petition to designate the Glen Lennox/Oakwood neighborhood as a Neighborhood Conservation District. On March 26, 2008, the Mayor received an e-mail from a citizen that proposed a boundary for a Neighborhood Conservation District that would include the area inside Rogerson Road on the east, Cleland Road on the north, Hayes Road on the west and NC 54 on the south. Please see Attachment 1 for a map of the area surrounding the Glen Lennox/Oakwood neighborhood.

NEIGHBORHOOD cONSERVATION DISTRICT Background

The Town’s Comprehensive Plan, adopted May 8, 2000, presents strategies and actions for neighborhood protection in Section 3A. The plan states,

“Of particular concern are the neighborhoods that touch and circle the downtown and central campus. These neighborhoods are rich in history and tradition, are highly valued by residents, and are among the areas of Town that are most susceptible to change. As indicated in Figure 2, these neighborhoods are designated as “residential conservation areas.”

What does this designation mean? It means that it is the stated policy of Chapel Hill that neighborhood protection issues in these areas are paramount. It means that, when policy choices that affect these areas are before the Town Council (road issues, rezoning proposals, public investment decisions), the balance should tilt in favor of protection and preservation.” Please see Attachment 2 for Comprehensive Plan Figure 2.

The Land Use Management Ordinance, adopted January 27, 2003, includes a provision for creating Neighborhood Conservation Districts in Section 3.6.5. The Ordinance states,

“Within the Town there are unique and distinctive older in-town residential neighborhoods or commercial districts which contribute significantly to the overall character and identity of the Town and are worthy of preservation and protection. As a matter of public policy, the Town Council aims to preserve, protect, enhance, and perpetuate the value of these residential neighborhoods or commercial districts through the establishment of Neighborhood Conservation Districts.” Please see Attachment 3 for Section 3.6.5 of the Land Use Management Ordinance.

As stated in the Land Use Management Ordinance, a Neighborhood Conservation District is created as an overlay zoning district by enactment of an ordinance to designate the district. The Land Use Management Ordinance charges the Planning Board, or a committee appointed by the Town Council with representation from the Planning Board, with the responsibility for developing specific ordinance proposals for each proposed conservation district.

Currently, there are six (6) designated Neighborhood Conservation Districts. Please see Attachment 4 for a map of the Town’s Neighborhood Conservation Districts. They are:

Overlay Zoning District	Neighborhood Name	Date of Enactment
CD-1	Northside	February 23, 2004
CD-2	Greenwood	June 12, 2006
CD-3	Kings Mill/Morgan Creek	June 12, 2006
CD-4	Pine Knolls	June 12, 2006
CD-5	Mason Farm/Whitehead Circle	June 11, 2007
CD-6	Coker Hills	October 8, 2007, Effective January 1, 2008

DISCUSSION

On October 8, 2007, the Council amended the Land Use Management Ordinance Neighborhood Conservation District application procedures. The amendment divided the initiation process of a Neighborhood Conservation District into two phases.

Phase One would include a Public Information Meeting facilitated by Town staff to provide general information about a Neighborhood Conservation District.
Phase Two would include a ‘Feasibility Review’ of the neighborhood by the Planning Board before a decision was made by the Council to move forward with the development of a Neighborhood Conservation District.

As stated in the Land Use Management Ordinance Section 3.6.5(c)(1)(A), “Phase One may be initiated by the Town Council; or by property owners representing 51% of the land area within the proposed district, upon submittal and acceptance of a petition by the Town Council; or by 51% of property owners in a proposed district upon submittal and acceptance of a petition by the Town Council.”

If the criteria for initiation are met, the petition or Council direction would be presented to the Planning Board. The Board would set the initial notification boundary and schedule a Public Information Meeting. The format of the Public Information Meeting would be approved by the Planning Board. The Planning Board would also have the opportunity to identify any issues that they would like the neighborhood or the staff to address.

Staff would send a mailing to the notification area designated by the Planning Board and to households within 500 feet of the proposed boundary. The mailing would include:

Notification of the Public Information Meeting;
General Information and history of Neighborhood Conservation Districts;
A summary of existing Neighborhood Conservation Districts; and
An explanation of the Neighborhood Conservation District process.

next steps

At tonight’s meeting, the Council could formally initiate Phase One of the Neighborhood Conservation District process or invite the neighborhood to demonstrate with a petition that 51% of property owners seek to initiate Phase One of the Neighborhood Conservation District process. Please see Attachment 5 for the Town’s Phase One Petition Requesting a Neighborhood Conservation District Public Information Meeting.

If the Council decides to adopt Resolution A inviting the neighborhood to submit a petition to initiate the Neighborhood Conservation District process, residents would propose a district boundary and demonstrate with signatures that 51% of the property owners or land owners within the proposed boundary seek to initiate Phase One of the Neighborhood Conservation District process. Once a petition is accepted, the boundary proposal would be considered by the Planning Board and used to create an initial notification boundary.

Alternatively, if the Council decides to adopt Resolution B initiating Phase One of the Neighborhood Conservation District process for the Glen Lennox/Oakwood neighborhood, the Council would need to propose an initial district boundary for consideration by the Planning Board.

RECOMMENDATION

We recommend that the Council adopt Resolution A [2008-04-28/R-9], inviting the neighborhood to demonstrate with a petition that 51% of the property owners seek to initiate Phase One of the Neighborhood Conservation District process. We believe that requesting a petition from the majority of property owners in a neighborhood is a reasonable threshold that measures neighborhood support, helps to clarify a boundary proposal, and increases communication.

If the Council wishes to pursue the initiation without a petition from a majority of the neighborhood’s property owners, Resolution B [2008-04-28/R-10] would initiate this Neighborhood Conservation District process. The resolution, if adopted, would need to provide an initial boundary for the Planning Board to proceed with the established procedures.