TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing on Proposed Rezoning of the Greenwood Neighborhood Area: Zoning Atlas Amendment
DATE: April 18, 2005
Tonight, the Town Council considers the proposed rezoning of the Greenwood Neighborhood Area from the current Residential-1 (R-1) zoning designation to either Residential-1A (R-1A) or to Residential Low Density-1 (R-LD1). An attached map shows the location and existing zoning of the proposed and surrounding areas (see Map 1).
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This package of material has been prepared for the Town Council’s consideration, and is organized as follows: |
¨ Cover Memorandum: Summarizes the proposals, reviews procedures for review and offers a preliminary recommendation for Council action. |
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¨ Attachments: Includes ordinances approving and a resolution denying the rezoning (please see Attachments 1 to 3). |
On February 14, 2005, the Council received a petition from the Planning Board, asking the Council to consider initiating a Neighborhood Conservation District process for the Greenwood neighborhood. We reported to the Council that several neighborhoods are in the process of making a similar request, and suggested that the Council refer the petition to the Manager for suggestion of a process and timetable. A follow-up report is scheduled for April 25, 2005.
Four days after the Council received that Planning Board petition about the Greenwood Road neighborhood, we received an application for a minor subdivision. The application proposes to take the lot at 715 Greenwood Road, demolish the existing dwelling, and subdivide the lot into two lots, each of which could then be the location of new dwellings. This comes after a similar “tear-down, subdivide” proposal for Greenwood that was considered by the Planning Board on February 1, 2005. That application was subsequently withdrawn.
On February 28, 2005, the Council received a report about this development proposal. In the report we advised that an action the Council could take now to protect the character of the neighborhood was to change the zoning designation of properties to another existing zoning district with larger minimum lot sizes. This action could be achieved within approximately eight weeks.
We also advised that a second step thereafter could be the creation of a Neighborhood Conservation District. The Town Council determined that the current “tear-down, subdivide” possibilities in the Greenwood neighborhood warranted immediate attention and response. The Council called a Public Hearing for April 18 to consider a Zoning Atlas Amendment to rezone the neighborhood. (Please see Attachment 4).
The Town Council has proposed a Zoning Atlas Amendment. 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. We have presented a report to the Planning Board and tonight we submit our report and preliminary recommendation to the Council.
Public Notice
On March 30, 2005, notice of this public hearing was sent to the property owners and owners of property within at least 1,000 feet of the properties proposed for rezoning (please see Attachment 5). Notice was also published in the Chapel Hill Herald on Sunday April 3, 2005, and Sunday, April 10, 2005. Copies of the agenda materials on this proposal are available in the Clerk’s office and in the Public Library, and are also available on the Town’s website (www.townofchapelhill.org).
Format Tonight
The Council tonight is holding a public hearing to receive public comment on the proposed rezoning. 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 a follow-up report for Council consideration on April 25, 2005.
Protest Petitions
By law, formal “Protest Petitions” may be filed against this rezoning. A formal Protest Petition meeting legal requirements would increase the votes needed to enact this rezoning. The notice mailed to property owners and owners of property 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. The deadline for filing protest petitions was at 5 p.m. Wednesday, April 13, 2005. We will report at tonight’s Public Hearing regarding any valid protest petitions that have been submitted.
Zoning determines the type and intensity of uses and development that are allowed on a piece of land. A rezoning involves a change to the zoning of the land. 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. This rezoning proposal is a general use rezoning.
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.
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 of Greenwood Road Neighborhood Area
This rezoning proposal would change the zoning portions of the Greenwood Road Neighborhood Area (see Map 1) from the current Residential-1 (R-1, minimum lot size 17,000 square feet) zoning designation to either Residential-1A (R-1A, minimum lot size 25,000 square feet), or to Residential-Low Density 1 (R-LD1, minimum lot size 43,560 square feet [1 unit/acre]).
The neighborhood is currently zoned Residential-1 (R-1). This is a low-density zoning district, requiring 17,000 square feet of gross land area for a single-family house.
“Gross land area” of a lot may include calculation of one-half of the right-of-way along the lot’s street frontage, among other factors, up to 10 percent of net land area.
The following table illustrates the principle differences between the R-1, R-1A and R-LD1 zoning districts, under the Land Use Management Ordinance. As shown on the table below, R-1A standards generally fall between the standards for R-1 and R-LD1.
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Zoning District |
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Residential-1 (R-1) |
Residential-1 (R-1A) |
Residential-Low Density 1 (R-LD1) |
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Intensity Regulations |
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Minimum lot size (square feet) |
17,000 |
25,000 |
43,560 |
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Minimum frontage (ft) |
64 |
80 |
100 |
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Minimum lot width (ft) |
80 |
100 |
125 |
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Max Building Height (Primary) |
29 |
29 |
29 |
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Max Building Height (Secondary) |
40 |
38 |
35 |
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Setbacks (ft/minimum) |
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Street |
28 |
29 |
30 |
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Interior |
14 |
15 |
16 |
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Solar |
17 |
18 |
19 |
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Maximum Floor Area Ratio |
.076 |
0.62 |
0.47 |
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Use Regulations |
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Single family |
Permitted |
Permitted |
Permitted |
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Single family with an accessory apartment |
Permitted (min lot size 34,000) |
Permitted (min lot size 50,000) |
Permitted (min lot size 87,120) |
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Two-family, duplex |
Not permitted |
Not permitted |
Not permitted |
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Multi-family, |
Permitted * |
Permitted* |
Permitted* |
* Requires 5 acres minimum lot size. 1 acre is equivalent to 43,560 square feet.
We have examined the study area and determined that under the existing R-1 zoning designation approximately 112 of the 163 residential lots in the Greenwood Road Neighborhood Area have a lot size that is 34,000 square feet or more with a lot width of at least 160 feet, opening the possibility of subdividing into two or more lots under present zoning. Please see Map 2 for an analysis.
We have examined the lots in the study area that would conform to the minimum lot size in a Residential-1A (R-1A) district. In the R-1A district, a single family house requires 25,000 square feet of gross land area. Under an R-1A zoning designation approximately 33 of the 163 residential lots in the Greenwood Road Neighborhood Area have a lot size that is 50,000 square feet or more with a lot width of at least 200 feet, opening the possibility of subdividing into two lots. Please see Map 3 for an analysis.
Finally we have also examined the lots in the study area that would conform to the minimum lot size in the Residential-Low Density 1 (R-LD1) district. In the R-LD1 district, a single family house requires 43,560 square feet of gross land area. Under an R-LD1 zoning designation approximately seven of the 163 residential lots in the Greenwood Road Neighborhood Area have a lot size that is 87,120 square feet or more with a lot width of at least 250 feet, opening the possibility of subdividing into two lots. Please see Map 4 for an analysis.
Please see Attachment 6 for definitions for key features of the zoning district categories.
Comprehensive Plan
Land Use Plan
The entire area proposed for rezoning is designated as Low Residential (1-4 units/acre) on the Town of Chapel Hill Land Use Plan, adopted May 8, 2000. Residential-1, Residential 1-A and Residential-Low Density 1 zoning districts are all consistent with this land use designation.
Residential Conservation Areas
The area proposed for rezoning 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 University of North Carolina campus as “residential conservation areas” because they are considered to be particularly susceptible to change. This designation means, in part, that when policy choices that affect these areas are before the Town Council, the balance should tilt in favor of protection and preservation.
The area is also noted as one of the “areas most susceptible to change” on Figure 1 of 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 area proposed for rezoning, 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 information 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 Residential-1 zoning of this site is a manifest error.
B. A rezoning is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
Argument in Support: Because of the characteristic large lots in this neighborhood, the decreasing availability of developable land within the Town’s urban services area and the proximity of the neighborhood to the downtown and the main campus, it is reasonable to believe that the physical and social fabric of the Greenwood Road Neighborhood Area is being affected by infill development pressure for additional living accommodations. The character of the neighborhood could be eroded by subdivision and new development which is unsympathetic to the existing neighborhood in form, massing and scale.
C. A rezoning is necessary to achieve the purposes of the Comprehensive Plan.
Argument in Support: As noted above, the proposed rezoning area is designated as a “residential conservation area” and as an “area most susceptible to change” on the Town’s Land Use Plan. The neighborhood, laid out by playwright Paul Green in the early 1930s, is an area of houses in a variety of styles enveloped and separated by mature trees on lots of approximately one acre or more. The character of the neighborhood could be eroded by subdivision and infill development. The subdivision and seven houses are described as of historical and architectural significance in “The Town and Gown Architecture of Chapel Hill” an inventory of property prepared by the Preservation Society of Chapel Hill, Ruth Little, 2004.
We believe rezoning the Greenwood Road Neighborhood Area is consistent with the following Comprehensive Plan policies:
Ř “Conserve and enhance those elements that define Chapel Hill’s special community character and the heritage of Chapel Hill’s historic neighborhoods” (Goal, Section 3.2).
Ř “Protect the physical and social fabric of Chapel Hill’s neighborhoods” (Objective, Section 3.2).
As noted above, the area is one of the “areas most susceptible to change” on Figure 1 of the Comprehensive Plan. The area is characterized by large lots, with houses set well apart from adjacent dwellings; houses are set back from the street and lots are dominated by woodland and tree stands. We believe that these homes and their settings have a cohesive character that is worth conserving. As noted above, the proposed rezoning is also consistent with the proposed area’s designation of Low Residential (1-4 units/acre) on the Town’s Land Use Plan.
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 Chapel Hill, both within new developments and existing neighborhoods.” It could be argued that by rezoning the proposed area to R-1A or R-LD1, the potential for a variety of housing types and densities is diminished.
When considering a rezoning of property, 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 was established, but which do not meet current regulations. Attachment 7 contains an excerpt from the Land Use Management Ordinance related to nonconformities.
Nonconforming Lots: A nonconforming lot is a lot that was lawfully established and does not meet the minimum land area requirement of the Land Use Management Ordinance.
Existing single-family house:
In the case of the proposed rezoning of the Greenwood Road Neighborhood Area, if the Council were to rezone the area to the R-1A district (minimum lot size of 25,000 square feet), no lots in the proposed rezoning area would become nonconforming lots (see Map 3). If the Council were to rezone the area to the R-LD1 district (minimum lot size of 43,560 square feet), approximately 67 of the 163 lots would become nonconforming lots (see Map 4).
If a nonconforming lot is vacant, the owner can still build a single family house. If a single family house already exists on a nonconforming lot, the house can be used, expanded, and rebuilt if destroyed. Generally the status of a lot as a nonconforming lot poses no negative impacts for a single family residential property owner.
Existing single-family house with an accessory apartment:
If the Council were to rezone the area to the R-1A district, the minimum land area required for a single family house with an accessory apartment would be 50,000 square feet. If the Council were to rezone the area to the R-LD1 district, the minimum land area required for a single family house with an accessory apartment would be 87,120 square feet. If a lot contains a lawfully established single family house with an accessory apartment, and the lot no longer meets the minimum land area requirement for the two dwelling unit size, the lot would become a non-conforming lot (the use is conforming). As an existing, lawfully established use, the single family house with an accessory apartment can be used, expanded, and rebuilt if destroyed.
Impact of nonconforming lot status:
The following situations would be impacted by nonconforming lot status:
Nonconforming Uses: A nonconforming use is a land use that was lawfully established and does not conform to the Land Use Management Ordinance Regulations. All uses allowed in the R-1 zoning district are allowed in the R-1A and the R-LD1 zoning districts.
Nonconforming Features: A nonconforming feature is a physical characteristic that does not conform to today’s setback, height or other intensity or design provisions of the Ordinance. A comparison of the R-1, R-1A, R-LD1 setback and height regulations is provided on page 3. Nonconforming features for existing development may continue to exist and may be reconstructed if the structure was destroyed.
Planning Board Recommendation: The Planning Board reviewed the proposed rezoning at its March 15, 2005 meeting. The Board recommended that the Council rezone the area and create a Neighborhood Conservation District for this area, but was concerned about the number of nonconforming lots Residential-Low Density1 would create. Therefore the Board asked the Town Council to consider whether a moratorium is an appropriate process. The Board noted that if a moratorium was required to apply city-wide, the Board would not support such an approach. (Please see Attachment 8).
1. Ordinance A Approving Rezoning from Residential-1 to Residential-Low Density 1 (p. 10).
2. Ordinance B Approving Rezoning from Residential-1 to Residential-1A (p. 12).
4. Town Manager’s Memorandum dated February 28, 2005 (p. 15).
5. Certification of Notice to Property Owners (p. 19).
6. Zoning Classifications – Residential Districts (p. 21).
7. Land Use Management Ordinance excerpt – Nonconformities (p. 24).
8. Planning Board recommendation dated March 15, 2005 (p. 27).
MAPS
1. Area Map of Neighborhood with Existing Zoning (p. 28).
2. Lot Analysis (R-1 Subdivision Potential) (p. 29).
3. Lot Analysis (R-1A Subdivision Potential) (p. 30).
4. Lot Analysis (R-LD1 Subdivision Potential) (p. 31).
ORDINANCE A
(Manager’s Preliminary Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE GREENWOOD NEIGHBORHOOD AREA
WHEREAS, the Council of the Town of Chapel Hill has considered the current “tear-down, subdivide” possibilities in the Greenwood neighborhood and determined to amend the Zoning Atlas to rezone property described below to Residential Low Density-1 zoning, 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 Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
SECTION I
That the portion of the site identified as now or formerly by the following Chapel Hill Township Tax Map numbers, including intervening and abutting public right-of-way:
Chapel Hill Township:
Tax Map 49, Block A, Lots 1-6, 6A, 6B, 6C, 6D, 7-14, 14A, 14B, 14C, 15A, 17, 17A, 18-24, 24A, 25, 25A, 26, 26A, 27-31, 31A, 32, 32A, 33-36;
Tax Map 55, Block A, Lots 1, 1A, 1B, 1C, 2, 2A, 3, 3A, 4, 4A, 5, 5B, 5D, 5E, 6, 6A, 7, 7B; Tax Map 55, Block B, Lots 1-9, 9A, 9B, 10-15;
Tax Map 55, Block C, Lot 9;
Tax Map 55A, Lots 1-3, 5-16;
Tax Map 58, Block A, Lots 1-6;
Tax Map 58, Block B, Lots 1, 1A, 1B, 2-11;
Tax Map 58, Block C, Lots 1-21;
Tax Map 58, Block D, Lots 1-7;
Tax Map 59, Block B, Lots 1-6;
Tax Map 59, Block C, Lots 1-4;
Tax Map 59, Block D, Lots 1-7.
and that are currently zoned Residential-1, shall be rezoned to Residential-Low Density 1 zoning.
The location of the entire property to be rezoned is indicated on Map A, attached.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the _____ day of _________, 2005.
ORDINANCE B
(Rezoning to R-1A)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE GREENWOOD NEIGHBORHOOD AREA
WHEREAS, the Council of the Town of Chapel Hill has considered the current “tear-down, subdivide” possibilities in the Greenwood neighborhood and determined to amend the Zoning Atlas to rezone property described below to Residential-1A zoning, 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 Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
SECTION I
That the portion of the site identified as now or formerly by the following Chapel Hill Township Tax Map numbers, including intervening and abutting sections of public right-of-way:
Chapel Hill Township:
Tax Map 49, Block A, Lots 1-6, 6A, 6B, 6C, 6D, 7-14, 14A, 14B, 14C, 15A, 17, 17A, 18-24, 24A, 25, 25A, 26, 26A, 27-31, 31A, 32, 32A, 33-36;
Tax Map 55, Block A, Lots 1, 1A, 1B, 1C, 2, 2A, 3, 3A, 4, 4A, 5, 5B, 5D, 5E, 6, 6A, 7, 7B; Tax Map 55, Block B, Lots 1-9, 9A, 9B, 10-15;
Tax Map 55, Block C, Lot 9;
Tax Map 55A, Lots 1-3, 5-16;
Tax Map 58, Block A, Lots 1-6;
Tax Map 58, Block B, Lots 1, 1A, 1B, 2-11;
Tax Map 58, Block C, Lots 1-21;
Tax Map 58, Block D, Lots 1-7;
Tax Map 59, Block B, Lots 1-6;
Tax Map 59, Block C, Lots 1-4;
Tax Map 59, Block D, Lots 1-7.
and that are currently zoned Residential-1, shall be rezoned to Residential-1-A zoning.
The location of the entire property to be rezoned is indicated on Map B, attached.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the _____ day of _________, 2005.
(Denying R-1A or R-LD1 Rezoning)
A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE GREENWOOD NEIGHBORHOOD AREA
WHEREAS, the Council of the Town of Chapel Hill has considered the proposal to amend the Zoning Atlas to rezone property described below to Residential-1A zoning or to Residential-low density 1 zoning, and fails to find that either 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 Chapel Hill that the Council hereby denies the proposal to amend the Zoning Atlas for the described area to Residential-1A or to Residential-Low Density 1. The location of the entire property is as indicated on Map A, attached to Ordinance A.
This the _____ day of _________, 2005.