TO: Mayor
and
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Zoning Atlas Amendment to Create a Neighborhood Conservation District for the Northside Neighborhood
DATE: January 21, 2004
Tonight the
The Land Use Management
Ordinance adopted by the Council on
As stated in the Land Use Management Ordinance, a Neighborhood Conservation District is created as an overlay zoning district by enactment of an ordinance to designate the district. The rezoning ordinance would identify the designated district boundaries.
The Land Use Management Ordinance also states that a conservation plan shall be approved as part of a Zoning Atlas Amendment creating a Neighborhood Conservation District (please see Attachment 2).
On
Between May and November 2003, the Committee met to discuss possible provisions of this new overlay district.
On
On November 24, 2003, the Northside Neighborhood Conservation District Advisory Committee presented its recommendations for a Neighborhood Conservation District for the Northside neighborhood to the Council.
Also on
ORDINANCE PROVISIONS
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 patterns, 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:
In this case, the Council has
initiated the process by adopting a resolution on
SUMMARY OF COMMITTEE RECOMMENDATIONS
The Northside Neighborhood Conservation District Advisory Committee, consisting of neighborhood residents, developers, at-large members, and members of the Planning Board developed recommendations for the Northside Neighborhood Conservation District. The following table shows standards that apply generally in the Residential-3, Residential-4, and Town Center-2 districts, and, for standards recommended for change, displays the Committee’s recommendations for adjusting those standards specifically for the Northside district:
|
Standard |
R-3 |
R-4 |
TC-2 |
Committee Recommendation |
|
Occupancy |
4 unrelated persons per unit |
4 unrelated persons per unit |
N/A |
Maximum of 4 unrelated persons per unit |
|
Maximum Primary Building
Height (residential zones) |
29 ft |
34 ft |
N/A |
20 ft |
|
Maximum Secondary Building
Height (residential zones) |
60 ft |
60 ft |
N/A |
35 ft |
|
|
N/A |
N/A |
44 ft |
40 ft; 30 ft if adjacent to residential zone |
|
|
N/A |
N/A |
90 ft |
50 ft |
|
Duplexes |
No (currently) |
No (currently) |
No (currently) |
Not allowed |
|
Maximum House Size |
Not addressed |
Not addressed |
Not addressed |
2,000 square feet, variance provision maximum of
2,500 square feet |
|
Maximum Floor Area Ratio
(single family) |
None |
None |
None |
.25 |
|
Bathroom to Bedroom Ratio
(per unit) |
Not addressed |
Not addressed |
Not addressed |
If 2 bedrooms or less ratio can be 1:1; if more than
2 bedrooms, ratio must be less than 1 |
|
Zoning Compliance Permit
Notification |
Not addressed |
Not addressed |
Not addressed |
Owners within 1,000 feet must be notified if change
in floor area is proposed or for garages |
As stated above, creation of a Neighborhood Conservation District for the Northside neighborhood would require a Zoning Atlas Amendment. When a Zoning Atlas Amendment is proposed, the Land Use Management Ordinance requires the Town Manager to conduct an evaluation of the proposal, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. Tonight we submit our report and preliminary recommendation with a Neighborhood Conservation District Plan to the Council.
Public Notice
Notice of this public hearing was
sent to owners of property within the boundaries and those within at least
1,000 feet of the proposed Neighborhood Conservation District (please see
Attachment 3). In addition, staff held a public information meeting on
the proposed Neighborhood Conservation District on
A second mailing was sent to
property owners and residents on
Format Tonight
The Council tonight is holding a
public hearing on the proposed creation of a Neighborhood Conservation District
for the Northside Neighborhood. Typically
the Council refers comments made at the hearing to the Manager and Attorney for
a follow-up report. We anticipate returning to the Council with this
follow-up report for Council consideration on
Protest Petitions
By law, formal “Protest
Petitions” may be filed to protest this rezoning. A formal Protest Petition meeting the legal
requirements would increase the votes needed to enact this rezoning. The notice mailed to property owners within
1,000 feet of the subject property included a statement that information on
protest petitions was available from the Planning Department. If a protest petition is submitted and
determined sufficient, a three-fourths vote by Council would be required to
enact the new zoning. To date, we have received one protest petition that we are evaluating
for sufficiency. The deadline for filing
protest petitions is
State Owned Property
According to General Statutes,
property owned by the state of
A Zoning Atlas amendment is
required to create a Neighborhood Conservation District for the Northside
neighborhood. Creating a Neighborhood
Conservation District is considered a rezoning because it would create an
overlay district which has provisions that would change the zoning of the
land. In
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:
“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.”
Proposed Rezoning to Create a Neighborhood Conservation District for the Northside Neighborhood
This rezoning proposal would create a Neighborhood Conservation District for the Northside neighborhood. The land in the area of the proposed district is currently zoned Residential-4 (R-4), Residential-3 (R-3), Office/Institutional-1(OI-1), and Town Center-2 (TC-2). The Northside Neighborhood Conservation District would be an overlay to the underlying zoning district.
Comprehensive Plan
Land Use Plan
The area proposed for the
Neighborhood Conservation District is designated primarily as Medium
Residential (4-8 units/acre) on the Town of
Residential Conservation Areas
The area proposed for the Neighborhood Conservation District is
designated as a “residential conservation area” on the Town’s Land Use
Plan. The Land Use Plan designates
certain areas surrounding the downtown and
Areas Susceptible to Change
The area is also noted as one of the “areas most susceptible to change”
in the Comprehensive Plan. These areas
are more susceptible to change than others because of particular growth
pressures or the potential availability of land for development. The Comprehensive Plan notes “close-in
residential neighborhoods”, such as the proposed Northside Neighborhood
Conservation District, are subject to influences such as the demand for
off-campus student housing and institutional development at the edges of
campus.
Zoning Justification
As noted in the “Zoning Atlas Amendments” section of this memorandum, there are three justifications for rezonings: a) to correct a manifest error in the chapter; 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. Only one justification needs to be met in order for the Council to approve a rezoning.
Following is a description of the information submitted thus far regarding the three required considerations of the Council:
A. A rezoning is necessary to correct a manifest error.
We do not believe that the current zoning of this area is a manifest error.
B. A
rezoning is necessary because of changed or changing conditions in a particular
area or in the jurisdiction generally.
We do not believe that creation of the Neighborhood Conservation District is necessary because of changed or changing conditions in the area or in the jurisdiction generally.
C. A rezoning is necessary
to achieve the purposes of the Comprehensive Plan.
Argument in Support: As noted above, the Comprehensive Plan identifies the area as both a “residential conservation area” and an “area most susceptible to change”. Because of its proximity to the downtown and the main campus of the University, it is reasonable to believe that the Northside area will be affected by growth pressures related to the demand for housing that is centrally-located and within walking distance of these areas.
We believe creating a Neighborhood Conservation District for the Northside neighborhood is consistent with the following Comprehensive Plan policies:
Ø
“Conserve and enhance those elements that define
Chapel Hill’s special community character and the heritage of
Ø
“Protect the physical and social fabric of
Ø “Support preservation of existing housing stock” (Strategy 7B-1).
As noted above, the area is identified as one of the “areas most susceptible
to change” and one of the “residential conservation areas” in the Comprehensive
Plan. Further, the Northside
neighborhood area consists largely of smaller and less-expensive homes than
other areas of
Arguments in Opposition: Section 7.2 of the Comprehensive Plan
contains an objective to “establish policies, regulations, incentives and
programs to promote the availability of a full range of housing types,
densities, costs, and tenancy options in
Evaluation of Neighborhood
Conservation District Plan
As described above, the proposed changes to the underlying zoning districts are intended to meet the goals of the 2000 Comprehensive Plan to protect and preserve neighborhoods affected by their central location near the heart of Town.
In addition, the changes are intended to alter the allowable “building envelope” to result in buildings which fit into the fabric of the neighborhood and be compatible with surrounding development. If the overlay provisions are adopted, the scale and massing of future buildings would be more in keeping with the existing character of the Northside neighborhood.
We believe the proposed changes as put forward by the Northside Neighborhood Conservation District Advisory Committee are reasonable ones to achieve the intended goals stated in the Plan.
When considering creating a Neighborhood Conservation District, a consideration is the effect the rezoning may have on existing uses in the area, as well as any “nonconformities” that may result from the rezoning. Generally, the term “nonconforming” refers to lots, uses, or features that complied with regulations at the time the use or structure began, but which do not meet current regulations. Attachment 5 contains an excerpt from the Land Use Management Ordinance related to nonconforming lots.
The Northside Neighborhood Conservation District Advisory Committee acknowledged that establishing a Neighborhood Conservation District as proposed would create nonconformities in the neighborhood. However, we believe that the intent of the Committee’s recommendations is to regulate new development in the District and that any additions to existing properties would have to comply with the new regulations.
Planning Board Recommendation: On December 16, 2004, the Planning Board voted 5-1 to approve the Neighborhood Conservation District as proposed by the Neighborhood Conservation District Advisory Committee. Please see Attachment 6 for a Summary of Planning Board Action.
Manager’s Preliminary Recommendation: We believe that creating a Neighborhood Conservation District for the Northside neighborhood is consistent with the Comprehensive Plan and the Land Use Management Ordinance, and, therefore, recommend that the Council adopt Ordinance A, approving the proposed Zoning Atlas Amendment.
1.
Map of
Area (p. 11).
2.
Draft
“Northside Neighborhood Conservation District Plan” (p. 12).
3.
4.
5.
Land Use
Management Ordinance Excerpt – Nonconforming Lots (21).
6. Summary of Planning Board Action (p. 23).
ORDINANCE A
(Manager’s Preliminary Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS TO CREATE A NEIGHBORHOOD CONSERVATION DISTRICT FOR THE NORTHSIDE NEIGHBORHOOD
WHEREAS, the Council of the Town of Chapel Hill has considered the petition to amend the Zoning Atlas to create a Neighborhood Conservation District For the Northside neighborhood, and finds that the amendment is warranted due to changing conditions in the area, and in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by
the Council of the Town of
SECTION I
Properties identified on the attached map (Attachment 1) are hereby designated as part of the Northside Neighborhood Conservation District, designated on the Chapel Hill Zoning Atlas as CD 1, with special standards as described in the attached Northside Neighborhood Conservation District Plan, dated December 11, 2003.
The description of the portions of this site to be included in the Neighborhood Conservation District are indicated in Attachment 1.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the _____ day of _________, 2004.
(Denying Rezoning)
A RESOLUTION DENYING AN APPLICATION TO CREATE A NEIGHBORHOD CONSERVATION DISTRICT FOR THE NORTHSIDE NEIGHBROHOOD
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment the Zoning Atlas to create a Neighborhood Conservation District for the Northside neighborhood, and fails to find that the amendment:
a) corrects a manifest error in the chapter, or
b) is justified because of changed or changing conditions in the area of the rezoning site or the community in general, or
c) achieves the purposes of the Comprehensive Plan.
For the reasons that:
(INSERT REASONS FOR DENIAL)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town
of
This the _____ day of _________, 2004.