MEMORANDUM

to:	Mayor and Town Council
from:	Roger L. Stancil, Town Manager
subject:	Public Hearings Carolina North Development Proposal: Land Use Management Ordinance Text Amendment creating the University-1 (U-1) Zoning District Zoning Atlas Amendment to rezone a portion of the Horace Williams Tract to the University-1 (U-1) zoning district Development Agreement including Standards and Mitigation Measures (Exhibit G)
date:	May 11, 2009

PURPOSE

The purpose of this cover memorandum is to forward three items associated with the Carolina North Development. We recommend that the Town Council open the Public Hearings, receive comments and consider the associated attachments.

BACKGROUND

During the past several months, the Town and the University have been engaged in the preparation of a new zoning district and a Development Agreement for the initial phase of Carolina North. A complete list of meetings associated with this process, as well as upcoming Advisory Board and Council meetings on the Carolina North proposal can be viewed at the following web page link: http://www.townofchapelhill.org/index.asp?NID=1915

As part of the Carolina North submittal, three proposals will be before the Town Council for consideration:

1. Land Use Management Ordinance Text Amendment (April 28, 2009). The proposed text amendment would create a new zoning district: University-1 (U-1). The proposed text amendment creating the new zoning district is a multiparty submission from the Town of Chapel Hill and University of North Carolina Joint Staff Work Group. A copy of the proposed text amendment can be viewed at the following link: http://townhall.townofchapelhill.org/agendas/2009/05/11/2/2-1_lumo_text_amendment_20090428.pdf

2. Zoning Atlas Amendment Application (May 1, 2009). The Zoning Atlas Amendment application proposes to rezone approximately 643 acres of the Horace William tract from Office/Institutional-2 (OI-2) and Residential-2 (R-2) to the proposed University-1 (U-1) zoning district. The applicant for the proposed rezoning is The University of North Carolina at Chapel Hill. A copy of the Zoning Atlas Amendment application can be viewed at the following link: http://townhall.townofchapelhill.org/agendas/2009/05/11/2/2-2_full_application_for_rezoning_20090501.pdf

3. Carolina North Development Agreement Application (April 28, 2009). The Development Agreement application proposed that the Town of Chapel Hill and The University of North Carolina at Chapel Hill enter into a Development Agreement for the Horace Williams tract. The applicant for the proposed Development Agreement is The University of North Carolina at Chapel Hill. A copy of the Development Agreement application can be viewed at the following link: http://townhall.townofchapelhill.org/agendas/2009/05/11/2/2-3b_development_agreement_20090428.pdf

DISCUSSION

1. Land Use Management Ordinance Text Amendment creating the University-1 (U-1) Zoning District

Proposed Land Use Management Ordinance Text Amendment: The proposed text amendment would create a new zoning district: University-1 (U-1). A copy of the proposed text amendment can be viewed at the following link: http://townhall.townofchapelhill.org/agendas/2009/05/11/2/2-1_lumo_text_amendment_20090428.pdf

It is anticipated that an updated text amendment for the proposed University-1 zoning district will be submitted to the Town Council in late May 2009 that incorporates refinements based on comments from tonight’s public hearing and other public comments, advisory board comments, additional technical reports, further staff analysis, and further discussions between the Town Council and University Board of Trustees. We anticipate a second public hearing on the updated proposed amendment could be conducted on June 15, 2009.

Text Amendment Analysis: Article 4.4 of the Land Use Management Ordinance establishes the intent of Zoning Amendments (including both atlas and text amendments to the Ordinance) 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.

Recommendation: The Land Use Management Ordinance requires that the Planning Board forward a recommendation to the Town Council. That recommendation will be provided as soon as it is available.

I recommend that the Town Council open the Public Hearing, receive comments and consider the attachments associated with this proposed text amendment.

2. Atlas Amendment to rezone a portion of the Horace Williams Tract to the University-1 (U-1) zoning district

Proposed Zoning Atlas Amendment: The Zoning Atlas Amendment application proposes to rezone approximately 643 acres of the Horace William tract from Office-Institutional-2 (OI-2) and Residential-2 (R-2) to the proposed University-1 (U-1) zoning district. A copy of the atlas amendment application can be viewed at the following link: http://townhall.townofchapelhill.org/agendas/2009/05/11/2/2-2_full_application_for_rezoning_20090501.pdf

Zoning Atlas Amendment Analysis: Article 4.4 of the Land Use Management Ordinance establishes the intent of Zoning Amendments (including both atlas and text amendments to the Ordinance) 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:

Rezoning and Development Agreements: The Council has discretionary authority to approve or deny a rezoning request. With a rezoning to the University-1 (U-1) rezoning request, the proposal in the accompanying Development Agreement is related to the rezoning request. We believe it is appropriate for the Council to consider the Development Agreement in tandem with a rezoning hearing. A copy of the proposed Development Agreement can be viewed at the following link: http://townhall.townofchapelhill.org/agendas/2009/05/11/2/2-3b_development_agreement_20090428.pdf

Protest Petition: 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 (7) of the Town Council.

A copy of the affidavits verifying that applicant has provided the proper rezoning notification, including the posting of signage on the site, is attached to this memorandum.

Recommendation: The Land Use Management Ordinance requires that the Planning Board forward a recommendation to the Town Council. That recommendation will be provided as soon as it is available.

I recommend that the Town Council open the Public Hearing, receive comments and consider the attachments associated with this proposed text amendment.

3. Development Agreement including Standards and Mitigation Measures (Exhibit G)

Proposed Development Agreement: The Development Agreement application proposed that the Town of Chapel Hill and The University of North Carolina at Chapel Hill enter into a Development Agreement for the Horace Williams tract. A copy of the Development Agreement application can be viewed at the following link: http://townhall.townofchapelhill.org/agendas/2009/05/11/2/2-3a_development_agreement_application_20090501.pdf

A copy of the proposed Development Agreement can be viewed at the following link: http://townhall.townofchapelhill.org/agendas/2009/05/11/2/2-3b_development_agreement_20090428.pdf

Development Agreements are contracts negotiated between project proponents and public agencies that govern the land uses that may be allowed in a particular project. While a Development Agreement must advance the agencies’ local planning policies, it may also contain provisions that vary from otherwise applicable zoning standards and land use requirements.

A Development Agreement is essentially a planning tool that allows public agencies greater latitude to advance local planning policies, sometimes in new and creative ways.

We view a Development Agreement as an opportunity that would allow the Town and University to enter into a long-term agreement that stipulates levels of development, timing of development, performance standards and the implementation of public improvements/facilities. We believe this approach offers greater flexibility, creativity and assurance than the current options available in the existing Land Use Management Ordinance.

During the past several months, the Town Council and University Board of Trustees have been negotiating the terms of a Development Agreement.

Advisory Board Recommendations/Comments: The following is the status of recommendations/comments from the Town’s Advisory Boards.

1. Planning Board: The Planning Board met on April 21 and May 5, 2009. A copy of their comments is attached to this memorandum.

The Board plans to meet again on May 12 and May 19 and continue their discussion on Carolina North. Recommendations from the Planning Board on the text amendment, the zoning atlas amendment and the development agreement will be provide when it becomes available

2. Community Design Commission: The Community Design Commission met on April 22, 2009. A copy of their comments is attached to this memorandum.

3. Greenways Commission: The Greenways Commission met on April 22, 2009. A copy of their recommendation and comments is attached to this memorandum.

4. Historic District Commission: The Historic District Commission met on May 5, 2009. A copy of their comments is attached to this memorandum.

5. Public Art Commission: The Public Arts Commission met on April 23, 2009. A copy of their comments is attached to this memorandum.

6. Active Living by Design Committee: The Active Living by Design Committee is scheduled to meet on May 14. A copy of their recommendation and comments will be provided when it is available.

7. Bicycle and Pedestrian Advisory Board: The Bicycle and Pedestrian Advisory Board met on April 28, 2009. A copy of their recommendation and comments will be provided when it is available.

8. Parks and Recreation Commission: The Parks and Recreation Commission met on April 22, 2009. A copy of their recommendation and comments will be provided when it is available.

9. Stormwater Management Utility Advisory Board: The Stormwater Management Utility Advisory Board met on April 28, 2009. A copy of their recommendation and comments will be provided when it is available.

10. Sustainability Commission: The Sustainability Commission met on May 5, 2009. A copy of their recommendation and comments will be provided when it is available.

11. Transportation Board: The Transportation Board met on May 7, 2009. A copy of their recommendation and comments will be provided when it is available.

RECOMMENDATION

The purpose of this cover memorandum is to forward three items associated with the Carolina North Development. We recommend that the Town Council open the Public Hearing, receive comments and consider the associated attachments.