AGENDA #8

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Implementation of the Town’s Comprehensive Plan

DATE:             August 28, 2000

This memorandum continues our efforts to implement the Comprehensive Plan, according to the schedule we reported to Council on July 5, 2000 (please see Attachment 1).  In addition, we propose a process to implement the Council’s direction on April 10, 2000, to consider the rezoning of undeveloped property to reduce the allowable intensity of development in order to achieve affordable housing objectives.

The attached Resolution A would call a public hearing for October 18, 2000 to consider zoning changes based on the Town’s adopted 2000 Land Use Plan.

The attached Resolution B would request the Orange County Board of Commissioners to schedule two items on the October 2, 2000, joint planning hearing date:

·                          Incorporation of Chapel Hill’s 2000 Land Use Plan into the Joint Planning Land Use Plan for transition areas; and

·                          Zoning changes to carry out the Plan.

We also report on a proposed process to consider zoning undeveloped property to reduce the allowable intensity of development in order to achieve affordable housing objectives.

BACKGROUND

On May 8, 2000, the Town Council adopted the 2000 Comprehensive Plan, including a new Land Use Plan for Chapel Hill.  On July 5, 2000, we reported on a schedule for implementation strategies, including consideration of zoning and joint planning initiatives (please see Attachment 1).

On April 10, 2000, the Council adopted a new Mixed Housing Ordinance.  At that time, the Council indicated its intent to consider a related proposal to zone undeveloped properties in order to reduce allowable intensity of development.  Properties could then apply for conditional use rezoning with an accompanying special use permit application, and offer considerations for achieving the Council’s policy for providing 15% affordable housing.

DISCUSSION

1.                  Comprehensive Plan Implementation – Zoning Within Town’s Zoning Jurisdiction

An action strategy of the 2000 Comprehensive Plan is to modify zoning to be consistent with the new Land Use Plan adopted by the Council on May 8, 2000.  The Town last undertook a major rezoning effort in 1987, based on the 1986 Land Use Plan.  Because the new Plan is based on the 1986 Plan, the extent of changes proposed is minimal.

No rezoning is proposed that would increase allowable intensities.  Any such proposal would need to be initiated by the property owner.

Based on our review of properties, only one area in the Town’s southern extraterritorial planning jurisdiction is proposed for rezoning (please see Map 1).  This area is affected by the Council’s decision in adopting the Comprehensive Plan to change the location of the urban services area line and move it farther east of Smith Level Road.  We propose to change the zoning of the affected area from Residential-1 (allowing up to three dwelling units per acre) to Residential-Low Density 1 (allowing one unit per acre).

The attached Resolution A would call a public hearing on this proposal for October 18, 2000.

2.                  Comprehensive Plan Implementation – Joint Area Land Use Plan and Zoning

Portions of the area covered by the Comprehensive Plan are jointly planned with Orange County through the Joint Planning Agreement.  There are two considerations necessary:

·                          Orange County, Chapel Hill, and Carrboro would consider incorporating Chapel Hill’s 2000 Land Use Plan into the Joint Planning Land Use Plan for the Transition Areas; and

·                          Orange County and Chapel Hill would consider adjusting zoning to match the Land Use Plan for the Transition Areas.

The governments have already reserved October 2, 2000 as a joint planning public hearing date.  We propose that the Orange County Commissioners schedule these items for the October 2, 2000 Joint Planning public hearing date.

Based on our review, several properties in the Northern Transition Area are proposed for rezoning (please see Map 2), principally in the Eubanks Road Area.  Map 2 locates each property and identifies the proposed zoning change based on the Town’s new Land Use Plan.

The attached resolution B would request the Orange County Board of Commissioners to schedule these items for the October 2, 2000 joint planning public hearing.


3.         Affordable Housing Initiative

On April 10, 2000, the Town Council agreed to consider rezoning all undeveloped land to reduce allowable intensity of development.  The Council would then entertain applications for conditional use zoning, along with a special use permit application, and apply its policy that 15% of all new housing units be affordable.

We understood the Council’s intent to be consideration of rezoning for all undeveloped property in Chapel Hill to a low-density residential designation (e.g., Residential-1).  This would result in a situation where any proposal for more intense development of such property would need to be accompanied by a rezoning request.

As we worked on this issue, we identified several categories of circumstances where this proposed rezoning would be problematic:

·                          Individual lots in subdivisions or other developments approved by the Town Council, where construction of a dwelling(s) was anticipated but has not yet occurred.

·                          Any parcel under one acre in size.  Our reasoning here is that, in order for the affordable housing objective of  “15% affordable” to be implemented, a proposed development must have at least seven units.

·                          Publicly owned property.

Accordingly, we suggest that the criterion to be used for selecting properties for this rezoning initiative be that properties will be selected that have all of the following characteristics:

           

·                          At least one acre in size;

·                          Privately owned;

·                          Currently undeveloped; and

·                          Not currently encumbered by a Council-approved site plan (Master Plan, Special Use Permit, Subdivision)

If this suggestion is acceptable, we will bring a report to the Council on September 11 of all properties that have these characteristics, with suggested dates for public hearings.  We will appreciate the Council’s advice.

RECOMMENDATION

We recommend the Town Council adopt the attached Resolutions A and B.


MAPS

1.      Recommended Zoning Changes within the Town’s Zoning Jurisdiction to Match the New Land Use Plan (p. 7)

2.      Recommended Zoning Changes within the Joint Planning Area (JPA) to Match the New Land Use Plan (p. 8)

ATTACHMENTS

1.      Council Memorandum of July 5, 2000:  Report on Comprehensive Plan Implementation Schedule (p. 9)

2.      Council Memorandum of April 10, 2000:  Follow-up Report on Discussion of Mixed Housing Ordinance (p. 13)


RESOLUTION A

A RESOLUTION CALLING A PUBLIC HEARING ON ZONING CHANGES BASED ON THE TOWN’S 2000 LAND USE PLAN (2000-08-28/R-20a)

WHEREAS, on May 8, 2000, the Town Council adopted a Comprehensive Plan, including a new Land Use Plan; and

WHEREAS, the Comprehensive Plan Action Strategy includes modifying zoning to be consistent with the new Land Use Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing on Wednesday, October 18, 2000, at 7 p.m. in the Council Chamber, Town Hall, 306 North Columbia Street, to consider zoning changes based on the 2000 Land Use Plan as identified on Map 1.

This the 28th day of August, 2000.


RESOLUTION B

A RESOLUTION REQUESTING THE ORANGE COUNTY BOARD OF COMMISSIONES TO SCHEDULE ITEMS RELATED TO THE TOWN OF CHAPEL HILL COMPREHENSIVE PLAN FOR JOINT PLANNING PUBLIC HEARING

(2000-08-28/R-20b)

WHEREAS, on May 8, 2000, the Chapel Hill Town Council adopted a new Comprehensive Plan for Chapel Hill, including an updated Land Use Plan; and

WHEREAS, the Town of Chapel Hill participates with Orange County and the Town of Carrboro in the Joint Planning Agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council requests the Orange County Board of Commissioners schedule the following items for consideration at the October 2, 2000 Joint Planning Public Hearing:

·                          Incorporation of Chapel Hill’s 2000 Land Use Plan into the Joint Planning Land Use Plan for Transition Areas; and

·                          Zoning changes to carry out the Land Use Plan as identified on Map 2.

This the 28th day of August, 2000.