to: Roger L. Stancil, Town Manager
from: J.B. Culpeper, Planning Director
Gene Poveromo, Planning Manager
subject: Public Hearing: Aydan Court, 2100 NC-54 East – Application for Zoning Atlas Amendment
date: October 20, 2008
Tonight’s public hearing is to consider an application from Cazco Incorporated for a conditional use rezoning for Aydan Court. The application proposes to rezone the property from Residential-1 (R-1) to Residential-Special Standards-Conditional (R-SS-C). Our preliminary recommendation is that the Council open the Public Hearing and receive arguments in support of and in opposition to the applicant’s request to rezone Aydan Court site from Residential-1 (R-1) to an amended Residential-Special Standards-Conditional (R-SS-C) zoning district.
The Zoning Atlas Amendment and a Special Use Permit applications for Aydan Court are associated with a Land Use Management Ordinance Text Amendment, to amend the allowed intensity of the Residential-Special Standards-Conditional (R-SS-C) zoning district, on which the Council may take action October 27. Approval of the Aydan Court applications is dependent on enactment of the R-SS-C Land Use Management Ordinance text amendment.
The applicant initially proposed rezoning the subject property to a new residential (Residential-Higher Density) zoning district. Because the Council did not approve the Land Use Management Ordinance text amendment creating the new residential zoning district, the applicant now requests rezoning from Residential-1 (R-1) to the amended Residential-Special Standards-Conditional (R-SS-C) zoning district.
The applicant has also submitted an accompanying application for a Special Use Permit to construct a multi-family development with 58 units and 122 parking spaces. Please refer to the accompanying memorandum.
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 involves a change to the current zoning, and thus the permitted types and intensity of land uses.
The revised application is proposing to rezone the 5.8-acre site from Residential-1 (R-1) to an amended Residential-Special Standards-Conditional (R-SS-C) zoning district.
The site is located at 2100 NC-54 East, on the north side of NC 54, across from Downing Creek Parkway. The 5.8-acre site includes 1.2 acres of Resource Conservation District. The site is located in the Watershed Protection District and is identified as Durham County Parcel Identifier Number 9798-03-94-6008.
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, Cazco Inc., has submitted a Conditional Use Zoning application and a Special Use Permit application.
With respect to conditional use rezoning requests, the Council has adopted two Resolutions stating the Council’s expectations associated with the accompanying Special Use Permit application. The first Resolution outlines the Council’s desire for the submission of an Energy Management Plan with the Special Use Permit application associated with a conditional use rezoning. The second Resolution states the Council expectation that the Special Use Permit associated with a conditional use rezoning application include an affordable housing component. For additional information on the applicant’s response to these adopted expectations, please refer to the Affordable Housing and Energy Management sections in the Staff Report attached to the Aydan Court Special Use Permit memorandum.
Opportunity for a protest petition to a proposed amendment to the Zoning Atlas is provided for under North Carolina Statutes. If a sufficient protest petition is filed with the Town Clerk at least 2 business days prior to the date of the Public Hearing, the proposed rezoning(s) shall not become effective except by favorable vote of not less than three-fourths of the Town Council. Copies of protest petition forms and additional information are available from the Planning Department or the Communications and Public Affairs Department. We will report at tonight’s meeting on the status of any received protest petitions. A copy of the signed statement certifying mailed notice and posted sign verification is attached.
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:
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. With a conditional use rezoning request, the specific proposal in the accompanying Special Use Permit application is related to the rezoning request. We believe it is appropriate for the Council to consider a specific Special Use Permit proposal, 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 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:
We continue to evaluate the application as a request for rezoning to the Residential-Special Standards-Conditional (R-SS-C) zoning district. Please find evidence attached, including the applicant’s Statement of Justification and comments from Durham City/County Planning Department.
Planning Board Recommendation: The Planning Board met on September 2, 2008 and voted 8-0 to recommend that the Council deny the Zoning Atlas Amendment application for Aydan Court. The Board did not believe that the application complied with the Comprehensive Plan. For additional information please refer to the attached Summary of Planning Board Action.
Staff Preliminary Recommendation: We recommend that the Council open the Public Hearing and receive comment, testimony and exhibits pertaining to the application to rezone the Aydan Court site from Residential-1 (R-1) to an amended Residential-Special Standards-Conditional (R-SS-C) zoning district. We will return to the Council with a recommendation for action after the Council has received public comment this evening and reconvened the hearing.
Please find attached an Ordinance to enact the rezoning request and a Resolution to deny the rezoning request for Council consideration.
