TO: Mayor and Town Council
COPY: Orange County Commissioners
FROM: W. Calvin Horton, Town Manager
SUBJECT: Joint Public Hearing: Greene Tract – Application for a Zoning Atlas Amendment
DATE: February 21, 2000
An application has been filed seeking approval of a Zoning Atlas Amendment to rezone approximately 169 acres of land from the Rural Transition zoning district to the Material Handling zoning district. The property, referred to as the Greene Tract, is located on the west side of the Railroad Right-of-Way between Eubanks Road and Homestead Road. The property is identified as Chapel Hill Township Tax Map 24, Lot 17A. Tonight's Joint Public Hearing has been scheduled to receive information in support of and in opposition to approval of the application.
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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 application, reviews procedures for review and offers a preliminary recommendation for Council action. ¨ Attachments: Includes an ordinance approving and resolution denying the rezoning, and advisory board recommendations on the application. |
This is an application for a Zoning Atlas Amendment filed in accordance with the Joint Planning Agreement. The Joint Planning Agreement requires a Joint Public Hearing between the Town Council and the Orange County Commissioners with a favorable action by both jurisdictions for the new zoning district to become effective. Attached are comments from the Orange County Planning Director.
The Development Ordinance requires the Town Manager to conduct an evaluation of this Zoning Atlas Amendment application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Article 20 of the Development Ordinance, we have presented a report to the Planning Board, and tonight we submit our report and preliminary recommendation to the Council.
Zoning determines the type and intensity of uses and development which are allowable 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 application is a general use rezoning request.
The zoning designation of a property determines the range of land uses and development intensities permitted on the property. Article 20 of the Development Ordinance establishes the intent of Zoning Atlas Amendments by stating that, “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 20.1 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.
The Council has discretionary authority to approve or deny a rezoning request.
Our review of this application is organized around the requirement that the Development Ordinance shall not be amended except 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.
Following is a description of the evidence in the record thus far regarding the three required considerations of the Council:
A) A rezoning is necessary to correct a manifest error.
Staff Comment: We believe the information in the record to date can be summarized as follows:
Arguments in Support: We were unable to identify any arguments in support of a manifest error.
Arguments in Opposition: To date, no evidence has been submitted in opposition to this finding.
B) A rezoning is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
Arguments in Support: To date, no evidence has been submitted in support of changing conditions in this area.
Arguments in Opposition: To date, no evidence has been submitted in opposition to changing conditions in this area.
C) A rezoning is necessary to achieve the purposes of the Comprehensive Plan.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
Arguments in Support: Arguments in support of this finding are offered in the applicant’s Statement of Justification.
From the Applicant’s Statement of Justification
The Statement indicates that the proposed rezoning would achieve the Community Facilities Goal of the 1989 Comprehensive Plan which is to provide facilities and services which meet the physical, social and cultural needs of the population and which are available to all residents. Solid waste collection and disposal facilities and services are includes as part of that objective. Please refer to the applicant’s complete Statement of Justification, provided as an attachment to this memorandum.
The adopted 1986 Chapel Hill Land Use Plan, a component of Chapel Hill's Comprehensive Plan, designates this site as "Potential Landfill Pending Further Study." Chapel Hill's Comprehensive Plan includes the following policy statement:
"Solid Waste/Hazardous Materials
The Town shall cooperate with other jurisdictions in: the maintenance and operation of regional sanitary landfills and other disposal projects; In the reclamation of non-hazardous landfills for parks and other uses; and in projects for solid waste recycling and composting."
In addition, we note that the draft Comprehensive Plan identifies portions of this tract for landfill activities, parks/open space, high density residential, and mixed use with an office emphasis.
Arguments in Opposition: To date, no evidence has been submitted indicating that this development would not be consistent with the Comprehensive Plan.
PROTEST PETITION
Chapel Hill's Development Ordinance provides a process for submittal of a protest petition whenever a rezoning proposal is being considered. If a petition protesting a proposed amendment to the Zoning Atlas is filed and determined to be sufficient under the law as to the land to be rezoned, such amendment shall not become effective except by favorable vote of not less than seven (7) members of the Council.
We have received a protest petition and have not completed our evaluation as to its sufficiency.
Recommendations are summarized below:
Planning Board Recommendation: The Planning Board considered this application on February 1, 2000, and voted 6-1 to recommend denial of the Zoning Atlas Amendment application. Please see the attached Summary of Planning Board Action.
Manager’s Preliminary Recommendation: We believe that this rezoning could be justified based on finding C, as described above. Our preliminary recommendation is that the Council adopt the attached Ordinance, rezoning the property from Rural Transition to the Materials Handling zoning district.
The attached resolution would deny the rezoning request.
Attachments:
Area Map (p. 8)
Summary of Planning Board Action (p. 9)
Applicant’s Statement of Justification (p. 10)
Certification of Notice to Nearby Property Owners (p. 13)
Memorandum from Orange County Planning Director (p. 14)
ORDINANCE
(Rezoning to MH)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE GREENE TRACT (Chapel Hill Tax Map Number 24, Lot 17A)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of The Town of Chapel Hill to amend the Zoning Atlas to rezone property described below from Rural Transition to Materials Handling 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:
That the portion of the property identified as now or formerly Chapel Hill Township Tax Map 24, Lot 17A, that is currently zoned Rural Transition, located on the west side of the railroad corridor between Eubanks Road and Homestead Road, shall be rezoned to the Materials Handling zoning district. The description of the portion of this property to be rezoned is indicated on the attached map.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the _____ day of______, 2000.
(Denying MH Rezoning)
A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE GREENE TRACT (Chapel Hill Tax Map Number 24, Lot 17A)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of the Town of Chapel Hill to amend the Zoning Atlas to rezone property described below from Rural Transition to the Materials Handling zoning district, 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 here
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application of the Town of Chapel Hill to amend the Zoning Atlas to rezone the property identified as Chapel Hill Township Tax Map 24, Lot 17A, from Rural Transition to the Materials Handling zoning district. The description of the entire property is as indicated on the attached map.
This the _____ day of ________ 2000.