TO: Mayor and Town Council
SUBJECT: Providence Glen Condominiums – Application for a Conditional Use Zoning Atlas Amendment
DATE: May 8, 2000
INTRODUCTION
Tonight the Council continues the Public Hearing from April 24, 2000 regarding an application for a Zoning Atlas Amendment to rezone 23.7 acres of land on the south side of Sterling Drive, north of the Lowe’s site. The application proposes to rezone the property from Residential-2 to Residential-5-Conditional zoning. The attached Ordinance would approve this rezoning. The attached Resolution would deny the rezoning.
Along with the Zoning Atlas Amendment application, the applicant has submitted an application for a Special Use Permit to authorize construction of a multi-family development on the site. Please refer to the accompanying memorandum for a discussion of this 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, as well as the April 24 memorandum and related attachments. |
This is an application for a Zoning Atlas Amendment. 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, we submitted our report and preliminary recommendation to the Council on January 19, and tonight the Council will continue its discussions on the application.
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 conditional 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.
As related to conditional use zoning, Article 20 of the Development Ordinance stipulates that:
An application for rezoning to a conditional use district may include a request, by the property owner, to limit the uses allowed with approval of a Special Use Permit. An application for rezoning to a conditional use district may be accompanied by an application for a Special Use Permit, as provided in Article 18, and may be reviewed concurrently with the Special Use Permit application.
The Council has legislative discretionary authority to approve or deny a rezoning request. As a conditional use rezoning request, the specific proposal in the accompanying Special Use Permit application is related to the rezoning request. Approval of a conditional use rezoning for a property would mean that no development could occur other than that allowed under the previous Residential-2 zoning on the property without Council approval of a Special Use Permit. We believe it is appropriate for the Council to consider a specific Special Use Permit proposal on the application, in tandem with a conditional use zoning hearing. If the Council does not find the Special Use Permit proposal to be an acceptable use of the property, we would recommend that the Council not approve the rezoning request.
The January 19 Public Hearing memorandum reviewed this application, including both supporting and opposing arguments for the rezoning. We have provided the Public Hearing materials as an attachment to this memorandum.
ISSUE RAISED AT THE PUBLIC HEARING
During the April 24 continuation of Public Hearing, a Council member asked whether long-term affordability of the 18 reserved dwelling units proposed with the Special Use Permit could be addressed as part of this application.
Staff Comment: With a conditional use rezoning request, the Council typically reviews applications for both a Special Use Permit and a rezoning. The Council reviews what the applicant proposes in the Special Use Permit application, including infrastructure improvements, the density and design of the development, and features particular to the specific proposed development. Provision of affordable housing could be a condition of approval of the Special Use Permit.
In approving an application for conditional use rezoning, the Council may stipulate conditions limiting the use of the property if the conditions are offered by the applicant. If the applicant agrees to the conditions of approval in the accompanying Special use Permit, the limited use proposed in the Special Use Permit can be incorporated by reference into the rezoning approval. If that proposed use is not acceptable to the Council, it may deny the rezoning application which would render the accompanying Special Use Permit application moot.
Advisory Board recommendations are summarized below:
Planning Board Recommendation: The Planning Board considered this application on December 7, 1999, and voted 8-0 to recommend approval of the Zoning Atlas Amendment application.
Transportation Board Recommendation: The Transportation Board considered this application on December 7, 1999, and voted 5-1 to recommend approval of the Zoning Atlas Amendment.
Manager’s Recommendation: If the Council finds the condition in the accompanying Special Use Permit acceptable then we recommend that the Council adopt the attached Ordinance, rezoning the property from Residential-2 to Residential-5-Conditional zoning.
The attached Resolution would deny the rezoning request.
ATTACHMENTS
1. April 24, 2000 Memorandum and Related Attachments (begin new page 1)
ORDINANCE
(Rezoning to R-5-C)
AN ORDINANCE AMENDING THE CHAPEL HILL
ZONING ATLAS FOR THE PROVIDENCE GLEN CONDOMIN UMS DEVELOPMENT (Chapel Hill Tax
Map Number 26, Lot 17L) (2000-05-08/O-7)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of The John R. McAdams Company to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-5-Conditional 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:
That the portion of the property identified as now or formerly Chapel Hill Township Tax Map 26, Lot 17L, that is currently zoned Residential-2, located on the south side of Sterling Drive approximately 520 feet east of Sage Road, shall be rezoned to Residential-5-Conditional zoning. The description of the portion of this property to be rezoned is indicated on the attached map.
SECTION II
That the use to this property is limited to that proposed and approved in a Special Use Permit approved by the Town Council for this property.
SECTION III
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 8th day of May, 2000.
(Denying R-5-C Rezoning)
A RESOLUTION DENYING AN APPLICATION FOR A
ZONING ATLAS AMENDMENT FOR THE PROVIDENCE GLEN CONDOMINIUMS DEVELOPMENT Chapel
Hill Tax Map Number 26, Lot 17L)(2000-05-08/R-10)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of The John R. McAdams Company to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-5-Conditional zoning, 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:
a) the Zoning Atlas is not in error;
b) there have not been changed conditions that would justify this rezoning; and
c) the development would not achieve the purposes of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application of The John R. McAdams Company to amend the Zoning Atlas to rezone the property identified as Chapel Hill Township Tax Map 26, Lot 17L, located on the south side of Sterling Drive approximately 520 feet east of Sage Road, from Residential-2 to Residential-5-Conditional zoning. The description of the entire property is as indicated on the attached map.
This the 8th day of May, 2000.