AGENDA #9

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:      Proposal: Zoning Atlas Amendment Rezoning the Greenwood Neighborhood Area

 

DATE:            April 25, 2005

 

 

The attached Ordinance A would rezone the Greenwood Neighborhood Area from the current Residential-1 (R-1) zoning designation to Residential-Low Density 1 (R-LD1). 

 

Alternatively, Ordinance B would rezone the Greenwood Neighborhood Area from Residential-1 (R-1) to Residential-1A (R-1A).

 

Resolution A would deny rezoning.

 

SUMMARY

 

The Council held a public hearing on April 18, 2005 and received citizen, Planning Board, and Council comments (see memorandum, Attachment 1).  The Council referred comments received at the forum 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 Ordinance A, approving the proposed Zoning Atlas Amendment.  We believe that the proposed rezoning is consistent with the Comprehensive Plan and the Land Use Plan.

 

KEY ISSUES

 

Key issues raised during the April 18, 2005 public hearing, with staff comments, are summarized below.  Correspondence received related to the public hearing is included as Attachment 2.

 

1. Nonconforming Lots:  The Planning Board expressed concerns about the number of non-conforming lots that would be created by rezoning the neighborhood to the Residential-Low Density 1 zoning district.

 

Comment: A nonconforming lot is a lot that was lawfully established prior to a subsequent amendment and does not meet the minimum land area requirement of the Land Use Management Ordinance. 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. 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. Generally the status of a lot as a nonconforming lot does not create negative impacts for a single family residential property owner. The impact of nonconforming lot status would occur in the case of adding an accessory apartment to an existing single family house or when there are multiple, adjacent lots held in common ownership and one or more is a nonconforming lot. A full discussion of this issue is set out in the Town Manager’s memorandum for the public hearing. (Please see Attachment 1).

 

2. Moratorium:  The Planning Board asked the Town Council to consider whether a moratorium is an appropriate process to address the Greenwood Neighborhood concerns. The Board noted that if a moratorium were to be enacted, and applied Town-wide, the Board would not support such an approach.

 

Comment:  The key points for the consideration of a moratorium are:

 

  1. A moratorium is an interim zoning amendment and must be adopted by the same procedures as any other zoning map amendment including notice and public hearing.  It is not just “declared”.
  2. Whether or not a moratorium would be appropriate in this case would depend on what would be covered by the moratorium, what the basis for one is and what the evidence is to support the moratorium.  This could not be fully evaluated until the Town Council held a public hearing and heard what the justification would be. So the Town Council might start this process, have a hearing, and conclude that a moratorium is not warranted.  In the meantime, the Council would have lost time to work on other remedies.
  3. Generally, moratoria are only appropriate for limited times due to unexpected/unanticipated problems that have arisen outside of the normal development-related concerns that might warrant a rezoning.   
  4. If a moratorium were to be enacted, it would need to be for a set time period and the Town would need to have a plan for addressing the reason for the moratorium in the interim.  The most typical cases for moratoria are where there is a limitation on capacity of a public facility or service and a need to delay development until new capacity can be provided.

 

In this case we believe that a rezoning is the appropriate remedy to address the matter because the issue is clear and the process of a rezoning can be carried out expeditiously.

 

3. Subdivision of Existing Lots: A speaker referred to the prior development of the subdivision of several properties on Greenwood Road (resulting in the creation of several flag lots) and suggested that the subdivision activity had not adversely affected the character of the neighborhood. (Please see Attachment 2). Further, the speaker suggested that it was not the creation of additional lots that could harm the character of the neighborhood, but the type of building that are erected on the lots that had been created by the subdivision.

 

Comment:  No homes were torn down when the subdivisions in question were authorized. Current Land Use Management Ordinance regulations prohibit flag lots. We agree that the character and appearance of the neighborhood is derived from a combination of the lot size, the presence of trees and the proportionality of the form, massing and size of the structures. The majority of current lots (96 of 163) are at least one acre in size. We believe that the cumulative impact of tearing down existing structures, subdividing lots and adding infill development would affect the character and appearance of the neighborhood. We believe that the R-LD1 district is the most suitable existing zoning district at this time to conserve the character and appearance of the existing residential neighborhood, because it would minimize potential subdivision. A potential neighborhood conservation district under consideration by the Council could address design issues related to buildings.

 

4. Timing: A speaker asked that a current subdivision application that had been submitted before the rezoning proposal be allowed to be considered in accordance with standards of the current zoning designation. Alternatively the speaker asked that the Town Council rezone the neighborhood to the Residential-1A district, which would also allow the development to proceed.

 

Comment:  In accordance with the provisions of the Land Use Management Ordinance, the Planning Board needs to take action on the minor subdivision application within thirty-five (35) days of the meeting at which the Town Manager’s report is submitted to it, or within such further time consented to by written notice from the applicant or by Town Council resolution. If the Planning Board fails to render a decision within this time limit, or extensions thereof, the application is approved as submitted.

 

On April 19, 2005, the Planning Board received the Town Manager’s report on the minor subdivision application for 715 Greenwood Road and deferred action until May 17, 2005. Approval of the application has not occurred and no vested rights have been established for a particular development. Based on the current review schedule for the application, and in accordance with the provision of the Land Use Management Ordinance set out above, the Planning Board has until May 24, 2005 to take action on the application.

 

RECOMMENDATIONS

 

As discussed in the April 18, 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 continue to believe that the proposed rezoning from the current zoning of Residential-1 to Residential-Low Density 1 is consistent with the Comprehensive Plan and Land Use Plan. We also continue to believe that it would address the changed conditions in this location arising from increasing pressure on large lots for subdivision and infill.

 

Planning Board Recommendation:  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 Density-1 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 were to be applied Town-wide, the Board would not support such an approach. (Please see Attachment 3).

 

Manager’s Recommendation:  We recommend that the Council enact Ordinance A, rezoning the Greenwood Neighborhood area from Residential-1 to Residential-Low Density 1.

 

ATTACHMENTS

 

1.         April 18, 2005 Memorandum to Mayor and Town Council (without attachments) (p. 11).

2.         Correspondence received (p. 20).

3.         Planning Board Summary of Action (p. 26).

 

ORDINANCE A

(Manager’s Recommendation)

 

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE GREENWOOD NEIGHBORHOOD AREA (2005-04-25/O-8a)

 

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 1, attached.

 

SECTION II

 

This ordinance shall be effective upon enactment.

 

SECTION III

 

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 25th day of April, 2005.

Insert Map A

ORDINANCE B

(Rezoning to R-1A)

 

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE GREENWOOD NEIGHBORHOOD AREA (2005-04-25/O-8b)

 

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 2, attached.

 

SECTION II

 

This ordinance shall be effective upon enactment.

 

SECTION III

 

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 25th day of April, 2005.

Insert Map B

RESOLUTION A

            (Denying R-1A or R-LD1 Rezoning)

 

A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE GREENWOOD NEIGHBORHOOD AREA (2005-04-25/R-11)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the petition 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 petition to amend the Zoning Atlas for the described area to Residential-1A or to Residential-Low Density 1.  The location of the entire area is as indicated on Map 3.

 

This the 25th day of April, 2005.