AGENDA #8
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Continuing Public Hearings on the Proposed Rezonings of Portions of the Horace Williams Tract
DATE: April 25, 2005
Tonight, the Town Council continues Public Hearings on the Proposed Rezonings of Portions of the Horace Williams Tract. The Council recessed the March 21, 2005 Public Hearings to April 11, 2005; on April 11, the Council continued the hearings to April 25 at the request of Mayor Foy who was unable to attend the April 11th meeting.
Ordinance A would rezone portions of the Horace Williams Tract from the current Office/Institutional-3 (OI-3) zoning designation to Office/Institutional-2 (OI-2).
Resolution A would deny the proposal to rezone the Office/Institutional-3 portion to Office/Institutional-2.
Ordinance B would rezone portions of the Horace Williams Tract from the current Residential-2 (R-2) zoning designation to Office/Institutional-2 (OI-2).
Resolution B would deny the proposal to rezone the Residential-2 areas to Office/Institutional-2.
SUMMARY
The Council held public hearings on March 21, 2005 and received citizen and advisory board comments on proposals to rezone portions of the Horace Williams Tract from Office/Institutional-3 and Residential-2 to Office/Institutional-2 (see memorandum, Attachment 1). The Council referred comments received at the hearings to the Manager for consideration in developing a follow-up report and recommendation. All comments were reviewed and considered in developing this follow-up report.
We recommend that the Council enact Ordinances A and B, approving the proposed Zoning Atlas Amendments rezoning portions of the Horace Williams tract from Office/Institutional-3 and Residential-2 to Office/Institutional-2. We believe that these proposed rezonings are consistent with the Comprehensive Plan and the Land Use Plan.
KEY ISSUES
We believe that the key issues raised during the March 21, 2005 public hearings are related to the appropriateness of rezoning the areas currently zoned Residential-2 to Office/Institutional-2 and the Comprehensive Plan basis for both rezonings. These issues, with staff comments, are summarized below.
1. Residential-2 Zoning: Citizens spoke in support of keeping the Residential-2 zoning intact, as recommended by the Planning Board and the Horace Williams Citizens Committee.
Comment: Our March 21, 2005 memorandum (Attachment 1) lists arguments for and against the rezoning of the Residential-2 areas. The Council could decide to either rezone or not rezone based on these arguments.
2. Comprehensive Plan Basis for Rezonings: The University cited in its letter protesting the rezonings (see Attachment 2) sections of the Comprehensive Plan that “provide ample support for denying the rezonings.” The letter states that there is “significant evidence in the Comprehensive Plan that a higher intensity University use has been anticipated and planned for this property by both the Town and the University. A rezoning to a density that does not achieve that vision is not in conformance with the Comprehensive Plan nor is it necessary to the promotion of the public health, safety or general welfare.”
Comment: Rezoning the Office/Institutional-3 portion to Office/Institutional-2 would increase the Council’s involvement in the development review process; under Office/Institutional-3, the Planning Board, not the Council, has authority to approve development applications. Changing the zoning would conform to the Comprehensive Plan Strategy 4A-3 which states that the Town “should continue to be involved in planning for the Horace Williams property, with a focus on exploring ways in which future development can help achieve Comprehensive Plan goals and objectives in areas such as transit, mixed-use development, employment, and University housing.”
The Land Use Plan has a “University” designation for the entire Horace Williams tract, including areas south of Estes Drive Extension. The Comprehensive Plan states the following in describing the “University” Land Use designations: “Future use of the Horace Williams and Mason Farm properties should be consistent with the 1998 Outlying Parcels Land Use Plans Report developed jointly by UNC and the Town.” Office/Institutional-2 zoning would be consistent with the Outlying Parcels Land Use Plans Report, which showed a mix of uses in a compact form of development which limited automobile trips and encouraged public transit. Retaining the current Residential-2 zoning is not inconsistent with the intent of the University Land Use Plan designation as it would still allow mixed-use development to be built.
PROTEST PETITIONS
By law, formal “Protest Petitions” may be filed against these rezonings by the owner or by owners of nearby properties. In order for a protest petition to be considered the law requires submission two days before the date of the hearing, in this case by the end of business on March 16, 2005. A formal Protest Petition that meets legal requirements would increase the votes needed to enact this rezoning. The University at 3:45 p.m. on March 16, 2005 submitted valid protest petitions concerning both proposed rezonings (see Attachments 2 and 3). As a result, votes in support by at least seven Council members are required for either rezoning to be adopted.
RECOMMENDATIONS
As noted in the March 21, 2005 memorandum (Attachment 1), there are three potential 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. We believe that the proposed rezonings from Office/Institutional-3 and Residential-2 to Office/Institutional-2 are consistent with the Comprehensive Plan.
Planning Board Recommendation: The Planning Board reviewed the proposed rezonings at its March 15, 2005 meeting (please see Attachment 4). The Planning Board recommends that the Council rezone the Office/Institutional-3 portion of the property to Office/Institutional-2 and retain the current Residential-2 zoning on the portion of the property with that zoning designation. Please see the attached Summary of Planning Board Action.
Horace Williams Citizens Committee Recommendation: The Horace Williams Citizens Committee on March 17, 2005 discussed the rezoning proposals. The Committee agrees with the Planning Board recommendation to rezone the Office/Institutional-3 portion while retaining the Residential-2 zoning. The Committee also recommends creation of an entirely new zone for the entire Horace Williams property, which conforms to the HWCC report, "Recommended Principles, Goals and Strategies for the Horace Williams Property (Carolina North). Please see the attached Summary of Horace Williams Citizens Committee Board Action (Attachment 5).
Transportation Board Recommendations: The Transportation Board reviewed the proposed rezonings at its April 5, 2005 meeting (please see Attachment 6). The Transportation Board voted to recommend that the Council rezone the Office/Institutional-3 portion of the property to Office/Institutional-2 and retain the current Residential-2 zoning on the portion of the property with that zoning designation. Please see the attached April 6, 2005 Memorandum from the Transportation Board.
At the April 5th meeting, the Transportation Board also voted to petition the Council to consider amending the Land Use Management Ordinance to require Council review and approval of development projects in areas zoned Office/Institutional-3 zoning, in addition to Planning Board review (please see Attachment 7). The Council received the recommendation on April 11 and took no action.
Manager’s Recommendations: We recommend that the Council enact Ordinance A, rezoning portions of the Horace Williams Tract currently zoned Office/Institutional-3 to Office/Institutional-2. We also recommend that the Council enact Ordinance B, rezoning the Residential-2 portion to Office/Institutional-2. However, we believe the Council could reasonably determine not to enact either rezoning proposal.
ATTACHMENTS
2. March 16, 2005 Letter from Vice Chancellor Nancy Suttenfield to Town Manager Cal Horton protesting the proposed rezonings (p. 20).
3. Protest Petition Evaluations (p. 32).
4. Summary of Planning Board Action, March 15, 2005 (p. 34).
5. Summary of Horace Williams Citizens Committee Board Action, March 17, 2005 (p. 35).
6. April 6, 2005 Transportation Board Memorandum: Recommendation Regarding Rezoning of Portions of Horace Williams Property (p. 36).
8.
Correspondence
Received (p. 38).
Additional Materials
ORDINANCE A
(Rezone Office/Institutional-3 to Office/Institutional-2;
Manager’s Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE HORACE WILLIAMS TRACT (2005-04-25/O-6a)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposal to amend the Zoning Atlas to rezone property described below from Office/Institutional-3 to Office/Institutional-2 zoning, and finds that the amendment is warranted 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 those portions of the site presently zoned Office/Institional-3 be rezoned Office/Institutional-2.
These properties are identified as now or formerly by the following Chapel Hill Township Tax Map numbers, including intervening and abutting road and railroad rights-of-way:
Portion of Chapel Hill Township, Orange County Tax Map 29, Lot 1A
Portion of Chapel Hill Township, Orange County Tax Map 29, Lot 1B.
The description of the portions of this site 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 25th day of April, 2005.
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ORDINANCE B
(Rezone Residential-2 to Office/Institutional-2
Manager’s Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE HORACE WILLIAMS TRACT (2005-04-25/O-6b)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposal to amend the Zoning Atlas to rezone property described below from Residential-2 to Office/Institutional-2 zoning, and finds that the amendment is warranted 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 those portions of the site presently zoned Residential-2 be rezoned Office/Institutional-2.
These properties are identified as now or formerly by the following Chapel Hill Township Tax Map numbers, including intervening and abutting road and railroad rights-of-way:
Chapel Hill Township, Orange County Tax Map 24, Lot 43C
Chapel Hill Township, Orange County Tax Map 24, Lot 49C
Portion of Chapel Hill Township, Orange County Tax Map 29, Lot 1B.
The description of the portions of this site 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 25th day of April, 2005.
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