AGENDA #8
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Consideration of Possible Rezoning Initiative for Greenwood Road Neighborhood
DATE: February 28, 2005
This memorandum follows on a petition received by the Council on February 14, 2005, and subsequent submittal of a related development application. The attached resolution would initiate a rezoning proceeding for the Greenwood neighborhood.
DISCUSSION
On February 14, 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. We are reviewing workload commitments and possible resource needs, and will be reporting back to the Council in April with a proposal.
Four days after the Council received that Planning Board petition about the Greenwood 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 parcels, each of which could then be the location of new dwellings. (Maps attached as Attachment 1 and Attachment 2.) This comes in the aftermath of a similar “tear-down, subdivide” proposal for Greenwood that was considered by the Planning Board on February 1, and is scheduled to return to the Planning Board on March 1. (It is our understanding that this application may be withdrawn.)
We agree with the Planning Board and with neighborhood representatives that this pattern represents a potential change in character for this neighborhood. The Town Council’s Goals and Values call for preservation of existing neighborhoods, and we believe it would be consistent with Council objectives to take steps to help preserve the character of this area.
A Neighborhood Conservation District initiative would be a good tool for addressing these concerns, but this type of approach is time-intensive and resource-intensive, and does not result in quick solutions. Given the facts of this case, we suggest that the Council consider taking immediate action to avert such subdivisions in this neighborhood.
Specifically, we believe that the fastest response to these circumstances would be to initiate a rezoning of the Greenwood neighborhood. A rezoning can be initiated by Council resolution. Given the current calendar, if the Council were to adopt such a resolution at tonight’s meeting (to consider rezoning the neighborhood from the existing R-1 designation to a district which requires a larger minimum lot size), the rezoning could be accomplished within approximately eight weeks. If this were to occur, and the new zoning for the neighborhood became effective in April, it is likely that the most recent application that has been submitted could not be approved (proposed lots would not be large enough).
We have not performed an evaluation nor prepared plans regarding the long-term future of the Greenwood neighborhood, and would not have the opportunity to do so within the next five weeks. However, a rezoning can be considered and enacted if the Council wishes to do so, and would remain in place until the Council made a subsequent decision regarding zoning and/or plans for this area.
A disadvantage of rezoning the neighborhood to a large-lot zoning district would be that nonconforming lots would be created, because there are lots in Greenwood today that are smaller than what would be the new minimum. We do not know today how many lots are less than an acre in size, but would have that information available for a Public Hearing (along with a description of the implications of nonconforming status) if the Council decides to initiate this process.
The neighborhood is currently zoned R-1 (17,000 square foot minimum lot size). If a hearing is called to consider rezoning the neighborhood to R-LD1 (one-acre minimum lot size), the Council would have the option of rezoning either to R-LD1 or alternately R-1A (25,000 square foot minimum lot size).
We believe that this solution could partially but immediately address some of the current concerns about the “tear-down, subdivide” possibilities. We are not prepared at this time to offer analysis about potential negative impacts of a rezoning of this type, but would be able to offer comments at Public Hearing.
We do not believe that this rezoning action would obviate the need for a Neighborhood Conservation District initiative for this area. That may still be a desirable course of action. But, as described above, such a project takes time to produce. We suggest that the Council consider this as a two-step process, much in the way the Council took a two-step approach the Northside neighborhood. In that case, the immediate concern was over proliferation of duplex dwellings. The Council took immediate action to change development regulations so as to prohibit new duplexes in the zoning district covering Northside. Then the Council, the Planning Board, and the community carefully prepared and implemented a more comprehensive plan for the neighborhood. We believe that model - - take an immediate action to address an immediate concern while simultaneously beginning a longer process to address all concerns - - worked for Northside and can be applied now the Greenwood situation.
We attach a map (Attachment 4) that shows the boundary of the area which we suggest for consideration of rezoning.
SUMMARY
If the Council determines that the current “tear-down, subdivide” possibilities in the Greenwood neighborhood warrant immediate attention and response, we recommend that the Council act tonight to call a Public Hearing for April 18, with the rezoning proposal to return to the Council for possible action on April 25, to be made effective upon enactment. Resolution A would do so. Resolution A refers to a map of the area to be considered for rezoning.
The earliest possible date for Planning Board action on the minor subdivision application that has been submitted is April 19. The Planning Board would have 35 days from that date to take action. If the Planning Board were to take the full allotted time for action on the application, and if the Council were to act prior to that time to change the zoning of this area, then that Council action would preclude approval of the subdivision application.
We continue to recommend that the Council consider the question of timing and resources for initiation of Neighborhood Conservation District plans at a later date. We intend subsequently to bring a report to the Council with options and recommendations.
ATTACHMENTS
A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER REZONING THE GREENWOOD ROAD NEIGHBORHOOD (2005-02-28/R-10)
WHEREAS, the Greenwood Neighborhood in Chapel Hill is designated on Chapel Hill’s Land Use Plan as a Residential Conservation Area; and
WHEREAS this designation acknowledges that the Greenwood neighborhood is facing growth challenges and pressures, and should be a candidate for Council attention in considering neighborhood conservation strategies;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for April 18, 2005, at 7:00 p.m. in the Council Chamber, Town Hall, 306 North Columbia Street, to consider a Zoning Atlas Amendment for the rezoning of an area, as shown on a map labeled as Attachment 4 of a memorandum to Town Council of February 28, 2005, from Residential-1 to Residential-Low Density-1 or to Residential-1A.
This the 28th day of February, 2005.