AGENDA #7
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Zoning of Annexation Area 2 (UNC Property in Durham County)
DATE: July 5, 2000
The attached ordinance would assign the Chapel Hill zoning designation of Office/Institutional-2 (OI-2) to Annexation Area, which consists of University of North Carolina property in Durham County. Annexation Area 2 also includes the right-of-way for a 2100-foot section of Barbee Chapel Road. This land and right-of-way are on Chapel Hill’s side of the 1986 Durham/Chapel Hill Consent Judgment Annexation Boundary Line, as modified on August 19, 1994. The area is identified on the attached map.
BACKGROUND
On April 10, 2000, the Council adopted an ordinance to extend the corporate limits of the Town to include this area. The annexation became effective at 11:59 p.m. on June 30, 2000.
The entire annexed area lies in Durham County and has Durham County zoning. There is currently no Town of Chapel Hill zoning in effect. In accordance with G.S. 160A-360(f), Town zoning for this area must be in place within 60 days of the effective date of annexation or the area will have no zoning regulation.
DISCUSSION
On June 19, 2000, a public hearing was held on the proposed zoning for the annexation area. (Please see Attachment 1.) Notices of the public hearing on proposed zoning for the area were mailed to all owners within the annexation area and to all property owners within 1,000 feet of the area to be zoned.
Several issues were raised at the public hearing on the proposed Office/Institutional-2 (OI-2) zoning.
1. Notification did not work well. A number of Durham County residents did not receive the notice.
Staff Response: The Town mailed notices of the Public Hearing by first-class mail, postage pre-paid, to all owners of real property within the annexation area and within 1,000 feet of the area to be zoned. The list of owners and addresses was prepared from Orange County and Durham County tax records.
2. Concerned with density of development that proposed zoning designation would allow, and the effects of that density on traffic in the area. Hopes that infrastructure will be improved as development occurs.
Staff Response: The Town will have the opportunity to address infrastructure improvements when development applications are received and reviewed. University representatives indicated at the public hearing that no application s are anticipated at this time.
3. Will Mason Farm Road eventually go through this property to intersect with Barbee Chapel Road?
Staff Response: The University of North Carolina's Outlying Parcels Land Use Plan Summary Report (1998) does show two new entrances to the Friday Center from Barbee Chapel Road (one through the Meadowmont Property and another farther south through University-owned property. We should note, however, that this study was not officially adopted by the University of North Carolina Board of Trustees. (Please see Attachment 2.)
4. Is Friday Center Road a State Road? Will it connect to Barbee Chapel Road in the future?
Staff Response: Friday Center Drive is maintained by the Town. The Outlying Parcels Land Use Plan Summary Report (1998) does show two new entrances to the Friday Center from Barbee Chapel Road (one through the Meadowmont Property and another farther south through University-owned property. We should note, however, that this study was never officially adopted. (Please see Attachment 2.)
5. Will the zoning designation being proposed (OI-2) generate more traffic?
Staff Response: Currently, the University has no plans for additional development on this property. The Town would have the opportunity to review future traffic impacts when development plans are initiated.
6. Can the University build roads without review by the Town?
Staff Response: The University has the right to build roads without Town review or approval. The Town would have the opportunity to review roads only if built in conjunction with buildings.
7. What uses are allowed under the current RD (Rural District) zoning versus what would be allowed under proposed zoning district (OI-2)?
Staff Response: Durham County's RD (Rural District) zone allows, with appropriate approvals, a set of fairly intense uses (examples: Airport, College, Convalescent Centers, veterinary clinics). The Town's office/institutional-2 (0I-2) district is intended to provide for medium intensity office and institutional development. Some examples of permitted uses are: single-family and multi-family residential, park and ride, college or university, research activities, recreation facility. The recent annexation of this area allows the Town of Chapel Hill the opportunity in the future to review any development proposals for this property. Any proposal will need to conform to Chapel Hill development standards.
8. Concerned regarding potential impacts of the proposed zone. Could OI-2 category be improved to address buffers and setbacks from residential uses more effectively?
Staff Response: Article 13.10 of the Development Ordinance contains Transitional Control Intensity Modifications as follows:
"In all nonresidential zoning districts and planned developments (TC-2, TC-1, CC, NC, 0I-3, 0I-2, 0I-1, I PD-SC, PD-0I and PD-I), the following setback and height regulation modifications shall apply:
a) Minimum street setback across a street from residentially zoned land shall be equal to the street setback applicable in the Residential district across the street.
b) Minimum interior setback adjacent to residentially zoned land shall be equal to the interior setback applicable in the adjacent Residential district.
c) Minimum solar setback adjacent to residentially zoned land shall be equal to the solar setback applicable in the adjacent Residential district.
d) The primary height limitation applicable at any of the modified setbacks identified in a) - c) above shall not exceed thirty-five (35) feet."
The Town has just begun the process to revise the Development Ordinance. These concerns also could be addressed as part of that process.
9. Will the Town and University respect the rural and exurban land uses on the adjoining properties (outside urban growth boundary)?
Staff Response: The Town of Chapel Hill, through its adopted 2000 Comprehensive Plan, is committed to preserving the rural buffer and maintaining the urban growth boundary.
10. Concerned with natural area and wildlife habitat on this property. The Town should incorporate the "Durham County Inventory of Natural Areas and Rare Species (2000)," and "Inventory of the Wildlife Habitats, Movement Corridors, and Rare Animal Populations of Durham County, NC (1995)" as part of the process for making land use decision.
Staff Response: We are attempting to obtain a copy of the recently published "Durham County Inventory of Natural Areas and Rare Species (2000)." The Council could direct staff to use during its review of future land use recommendations for areas of the Town which are located in Durham County.
RECOMMENDATIONS
The proposed Office/Institutional-2 (OI-2) zoning is consistent with Chapel Hill’s newly adopted 2000 Comprehensive Plan and Land Use Plan, on the size of the existing area, on compatibility with uses in the surrounding areas, and on existing Durham County zoning in the annexation area.
Planning Board's Recommendation: That the Council zone the annexation area Office/Institutional-2 (OI-2) (Vote: 8-0)
Manager's Recommendation: That the Council zone the annexation area Residential – Office/Institutional-2 (OI-2).
ATTACHMENTS:
1. June 19, 2000 Memorandum to the Council.
2. Final Framework Map, UNC Outlying Properties Land Use Plan Summary Report.
3. Electronic Mail dated June 19, 2000 from Ed Harrison.
4. Letter dated June 16, 2000 from Downing Creek Community Association.
5. Letter dated June 17, 2000 from Cynthia Sokol-Myers.
MAP
AN ORDINANCE TO ZONE NEWLY ANNEXED LAND - UNC PROPERTY IN DURHAM COUNTY (2000-07-05/O-6)
WHEREAS, the Council of the Town of Chapel Hill has annexed an area consisting of UNC property in Durham County that is identified as Annexation Area 2, as presented in the map from the Council’s July 5, 2000 meeting; and
WHEREAS, the Council has considered appropriate zoning designations for this property in the context of Chapel Hill's 2000 Comprehensive Plan and Land Use Plan, on the size of existing lots, on existing Durham County zoning in the annexation area, and on compatibility with zoning in the surrounding areas;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that Office/Institutional - 2 (OI-2) zoning be assigned to the above-mentioned property as designated on the attached map.
This the 5th day of July, 2000.