AGENDA #7b

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:      Process for Considering Recommendations for a Northside Neighborhood Conservation District

 

DATE:             November 24, 2003

 

 

This memorandum proposes a process for considering recommendations for establishing a Northside Neighborhood Conservation District. 

 

The attached resolution would call a Public Hearing for January 21, 2004, on a proposed Zoning Atlas Amendment to establish a Northside Neighborhood Conservation District. 

 

BACKGROUND

 

On April 14, 2003, the Council adopted a resolution that: (1) authorized the formation of a Northside Neighborhood Conservation District Committee; (2) adopted a charge for the Committee; and (3) established the boundaries of the study area.

 

The Committee began meeting in May 2003, and presented its first report to the Council on September 22, 2003.   The Committee has now completed the majority of its work on a set of standards and has submitted its report tonight for the Council’s consideration.

 

Attachment 1 contains correspondence received from Committee Member Mark Patmore. 

 

Neighborhood Conservation District

 

The Land Use Management Ordinance adopted by the Council on January 27, 2003, includes a provision for creating Neighborhood Conservation Districts.   The purpose of creating a Neighborhood Conservation District is to preserve and protect unique and distinctive older in-town residential neighborhoods or commercial districts which contribute significantly to the overall character and identity of the Town. 

 

As stated in the Land Use Management Ordinance, a Neighborhood Conservation District will have a separate ordinance to designate the district. The ordinance would identify the designated district boundaries, and specify the individual purposes and standards for that district.   The districts are designed as overlays to the regular zoning districts

 

To be designated a Neighborhood Conservation District, the area must meet the following criteria:

 

(1)    The area must contain a minimum of one block face (all the lots on one side of a block);

(2)    The area must have been platted or developed at least 25 years ago;

(3)    At least 75% of the land area in the proposed district is presently improved; and

(4)    The area must possess one or more of the following distinctive features that create a cohesive identifiable setting, character or association;

a.       scale, size, type of construction, or distinctive building materials;

b.      lot layouts, setbacks, street layouts, alleys or sidewalks;

c.       special natural or streetscape characteristics, such as creek beds, parks, gardens or street landscaping;

d.      land use patters, including mixed or unique uses or activities; or

e.       abuts or links designated historic landmarks and/or districts.

(5)    The area must be predominantly residential in use and character.

 

According to the Land Use Management Ordinance, a proposal for designation as a Neighborhood Conservation District may be initiated in one of three ways:

 

  1. At the direction of the Town Council, or
  2. At the request of owners representing 51% of the land area within the proposed district, or
  3. At the request of 51% of property owners in a proposed district.

 

In this case, the Council has initiated the process by adopting a resolution on February 24, 2003.

 

PROPOSED SCHEDULE

 

The Council has scheduled a public hearing for January 21, 2004, to receive public comment on proposed revisions to the Land Use Management Ordinance, including the proposed Northside Neighborhood Conservation District.  The adoption of a Neighborhood Conservation District also requires a Zoning Atlas Amendment to establish an overlay district.  Therefore, we propose that the Council schedule a public hearing for January 21, 2004, to consider an accompanying Zoning Atlas Amendment. 

 

Public Hearings on proposed Northside Neighborhood

   Conservation District: Land Use Management Ordinance

   Amendment and Zoning Atlas Amendment                             January 21, 2004

 

Council action on the proposed Northside Neighborhood

    Conservation District: Land Use Management Ordinance

    Amendment and Zoning Atlas Amendment                            February 9, 2004

 

This schedule would place the Council in the position of being ready to adopt a Northside Neighborhood Conservation District in February 2004 prior to the expiration of the sunset clause on the current prohibition of duplexes in the R-2 and R-3 zoning districts. 

 

We note that the Committee’s recommendations meet the requirements for a Neighborhood Conservation District.  The Committee proposes to meet to develop additional recommendations and also plans to schedule a charrette in January to develop recommendations for design guidelines for the Northside Neighborhood Conservation District.   Once complete, the Committee proposes to return to the Council to request an amendment to the Land Use Management Ordinance to modify the guidelines of the Neighborhood Conservation District.  We propose to return to the Council in March 2004. 

 

RECOMMENDATION

 

We recommend the Council adopt the attached resolution thanking the Northside Neighborhood Conservation District Advisory Committee for its work and setting a Public Hearing for January 21, 2004, to receive public comment on a proposed Zoning Atlas Amendment to create a Northside Neighborhood Conservation District. 

 

ATTACHMENT

 

1.      Correspondence submitted by Committee Member Mark Patmore (p. 5).

 

 

 

A RESOLUTION ESTABLISHING A PROCESS FOR CONSIDERATION OF RECOMMENDATIONS FOR A NORTHSIDE NEIGHBORHOOD CONSERVATION DISTRICT (2003-11-24/R-13)

 

WHEREAS, the Town’s Land Use Management Ordinance includes provisions for creation of overlay zoning districts for older neighborhoods in order:

 

·       to promote and provide for economic revitalization and/or enhancement

·       to protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor;

·       to protect and enhance the livability of the Town;

·       to reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development; and,

·       to stabilize property values;

·      to provide residents and property owners with a planning bargaining tool for future development;

·       to promote and retain affordable housing;

·       to encourage and strengthen civic pride; and

·         to encourage the harmonious, orderly and efficient growth and redevelopment of the Town; and

 

WHEREAS, the Council charged the Northside Neighborhood Conservation District Advisory Committee with developing a Neighborhood Conservation District proposal in accordance with the provisions of the Town’s Land Use Management Ordinance by September 2003 for consideration by the Town Council and the Planning Board; and

 

WHEREAS, the Northside Neighborhood Conservation District Advisory Committee developed recommendations for a Neighborhood Conservation District according to the process outlined in the Town’s Land Use Management Ordinance as requested by the Council;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council will hold a Public Hearing on Wednesday, January 21, 2004, at 7:00 p.m. in the Council Chamber, Town Hall, 306 North Columbia Street to obtain public input and comments on a proposed Zoning Atlas Amendment establishing a Neighborhood Conservation District for the Northside neighborhood, and refers the proposed Zoning Atlas Amendment to the Town Manager and Planning Board for consideration. 

 

BE IT FURTHER RESOLVED that the Council expresses its appreciation to the members of the Northside Neighborhood Conservation District Advisory Committee for their dedication and effort put into the development of recommendations for a Neighborhood Conservation District for the Northside neighborhood.

 

This the 24th day of November, 2003.