AGENDA #5d
MEMORANDUM
TO: Roger L. Stancil, Town Manager
FROM: J.B. Culpepper, Planning Director
Gene Poveromo, Development Manager
SUBJECT: Response to Petition from Westside Neighborhood
DATE: May 5, 2008
PURPOSE
The purpose of this memorandum is to transmit comments from the Historic District Commission to the Council regarding a petition from the Westside Neighborhood concerning University purchase of the Dobbins property. We recommend that the Council receive the comments and take no action on this matter.
BACKGROUND
On March 26, 2007, the Westside Neighborhood Association submitted a petition to the Council, concerning the University of North Carolina purchase of property at the corner of Wilson Court and Cameron Avenue (Dobbins property). The petition asked specifically about state and/or local regulations that might prevent the placement of a temporary or permanent parking lot within the Cameron McCauley Local Historic District and the West Chapel Hill National Register District.
On April 11, 2007, staff presented the Council with a memorandum, which listed applicable Town and State regulations – including the Land Use Management Ordinance and Town Code, local historic districts and Certificates of Appropriateness, local historic districts as separate use districts; and the National Register District. The staff reported that the University is currently subject to the requirement for Certificate of Appropriateness, but is only subject to the Land Use Management Ordinance if a building is involved. The Council asked the staff to return with additional information on the creation of an historic district as a separate use district.
The staff’s June 11, 2007 memorandum described the section of the State statutes which could prevent the Dobbins property from being used as a parking lot, but would severely restrict all uses, in a separate use district. Explaining that the only precedents for such a district are two historic districts with very clear established time period uses, for which the State enabling legislation was written (originally referred to as the “Old Salem Act”), the memorandum concluded that a separate use historic district was not an appropriate tool for the preservation of the neighborhood. The Council recommended that the Historic District Commission hold a meeting to discuss further preservation measures with the neighborhood, Preservation Society Executive Director, a University representative, and potentially a staff member of the State Historic Preservation Office.
On February 14, 2008 the Historic District Commission responded to the request from the Council and held a discussion with the neighborhood. Neighborhood representatives, the Preservation Society, the State Historic Preservation Office, and property owners within the Cameron-McCauley Local Historic District were invited to attend the meeting and provide comment on the Westside petition.
SUMMARY
Please see attached Westside Neighborhood Meeting Summary for a description of the discussion which occurred at the February 14, 2008 meeting. The comments from the Historic District Commission are provided as Attachment 1. No recommendation was provided.
RECOMMENDATION
We recommend that the Council receive the comments and take no further action on this item.
ATTACHMENTS
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