to: Roger L. Stancil, Town Manager
from: J.B. Culpeper, Planning Director
Gene Poveromo, Planning Manager
subject: Public Hearing: 1609 East Franklin Street Zoning Atlas Amendment
date: January 21, 2009
Tonight’s public hearing is to consider an application from Coulter Jewell Thames for a conditional use rezoning for 1609 East Franklin Street. A portion of the site is in the Residential-1 (R-1) zoning district (close to Velma Road) and the majority of the site is in the Residential-5 (R-5) zoning district. The application proposes to rezone all the Residential-5 (R-5) portion and part of the Residential-1 (R-1) portion to Neighborhood Commercial-Conditional (NC-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. The applicant has also submitted an accompanying application for a Special Use Permit. Please refer to the accompanying memorandum for additional information on the Special Use Permit.
The revised application is proposing to rezone the 1.9-acre site from Residential-1 (R-1) and Residential-5 (R-5) to Neighborhood Commercial-Conditional (NC-C). The site is located at 1609 East Franklin Street, on the north side of East Franklin Street. There is neither Resource Conservation District nor Watershed Protection District associated with the 1.9-acre site which is identified as Orange County Parcel Identifier Number 9799-04-6951 and 9799-04-7995.
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.
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, Coulter Jewell Thames, has submitted a Conditional Use Zoning application and a Special Use Permit application.
With respect to conditional use rezoning requests, the Council has adopted a 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. For additional information on the applicant’s response to this adopted expectation, please refer to the Energy Management section in the Staff Report attached to the 1609 East Franklin Street Special Use Permit memorandum. The second resolution stating Council expectations involves affordable housing. No residential development is proposed with this application.
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:
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. 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. We continue to evaluate the application as a request for rezoning to the Neighborhood Commercial-Conditional (NC-C) zoning district. Please find evidence attached, including the applicant’s Statement of Justification.
Planning Board Recommendation: The Planning Board met on November 4, 2008 and voted 6-0 to recommend approval of the rezoning.
Staff Preliminary Recommendation: We recommend that the Council open the public hearing and receive comment, testimony and exhibits pertaining to the application to rezone part of the 1609 East Franklin Street site from Residential-5 (R-5) to Neighborhood Commercial-Conditional (NC-C), and part of the site from Residential-1 (R-1) to Neighborhood Commercial Conditional.
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.
[See also Manager’s Memorandum]
