AGENDA #2
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Comprehensive Plan Implementation – Zoning and Land Use Designation of Areas within the Town’s Jurisdiction (Zoning Atlas and Land Use Plan Amendments)
DATE: October 18, 2000
The Town Council has called this public hearing to consider zoning of an area within the Town’s southern extraterritorial planning jurisdiction in order to implement the Town’s new Comprehensive Plan. Also under consideration is a related proposal to consider amending the Land Use Plan to reflect this proposed zoning change.
On May 8, 2000, the Town Council adopted a new Comprehensive Plan for the Town, including a new Land Use Plan. An action to implement the Plan is to consider zoning adjustments to achieve consistency with the Comprehensive Plan.
On August 28, 2000, the Town Council called a public hearing to consider rezoning one area in the Town’s southern extraterritorial planning jurisdiction to implement the Comprehensive Plan (please see Attachment 5). The Council decided to call the hearing to consider a range of possible zones, including Residential-Low Density 5, Rural Transition, or Residential-Low Density 1.
The rezoning proposal focuses on approximately 55.6 acres currently zoned Residential-1 (the hatched area labeled “R-1” in Attachment 5). This area includes portions of two tracts: 31 acres of a 46-acre parcel, and 24.6 acres of a 67.2-acre parcel. The remaining portions of these two tracts are zoned Residential-Low Density 5.
During the week of September 25, 2000, property owners within 1,000 feet were notified by mail about the hearing and the process for filing a protest petition (see Attachment 6). A notice is to run in The Chapel Hill Herald on October 8, 2000, and October 15, 2000 (see Attachment 7).
PROCESS
This is a Town Council initiative for a Zoning Atlas Amendment. When a zoning atlas amendment is proposed, the Development Ordinance requires the Town Manager to conduct an evaluation of the proposal, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the initiative 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 ATLAS AMENDMENTS
Zoning determines the type and intensity of uses and development that are allowed 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 initiative is a general use rezoning.
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.
Article 20.2 states that one of the manners in which a rezoning request may be initiated is by “the Council, on its own motion.”
Article 20.3.9 outlines the procedure for property owners to file a protest petition. The notice mailed to residents within 1,000 feet of the property included a statement that information on protest petitions was available from the Planning Department. The deadline for filing a petition was 5 p.m. Friday, October 13, 2000.
REVIEW OF INITIATIVE
Our review of this initiative 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.
We do not believe that the current Residential-1 zoning of this site is a manifest error.
B. A rezoning is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
We believe the information in the record thus far can be summarized as follows:
Arguments in Support: On May 8, 2000, when the Council adopted the Comprehensive Plan, the Council removed these properties from the Town’s urban services area.
The location of these properties outside the Town’s urban services area means that the Town does not anticipate providing urban services, including water and sewer services, as the area is developed. In order for development to occur outside the urban services area, development will require septic systems. Therefore, zoning to lower the allowable intensity of development would be appropriate for this area. These classifications are Residential-Low Density 5 (allowing one unit per five acres), Rural Transition (allowing one unit per 2.3 acres), or Residential-Low Density 1 (allowing one unit per acre).
Arguments in Opposition: To date no arguments have been submitted in opposition to changing conditions in this area.
C. A rezoning is necessary to achieve the purposes of the Comprehensive Plan.
We believe the information in the record thus far can be summarized as follows:
Arguments in Support: On May 8, 2000, the Town Council adopted the 2000 Comprehensive Plan and Land Use Plan. At this meeting, the Council also approved a change in the Land Use Map that shifted the urban services boundary farther east from Smith Level Road, in effect removing the property that is the focus of tonight’s hearing from the urban services area (see Attachment 8). The boundary now abuts the westernmost edge of Southern Village.
The Comprehensive Plan states that within the urban services area are the “urban areas of Chapel Hill and Carrboro and adjacent ‘transition areas’ which are in the process of changing from rural to urban land uses.”
Section 8C-1 of the Comprehensive Plan states that the Town will “prepare and adopt small area plans to implement Comprehensive Plan concepts.” The Plan states that small area planning is a tool to “address issues in specific subareas of the Town in more detail than is appropriate for the Comprehensive Plan.” One of the subarea plans is the 1992 Southern Small Area Plan, which covers the southern portion of the extraterritorial jurisdiction, including the area that is subject to this rezoning initiative.
The 1992 Southern Small Area Plan shows the eastern portion of the tracts as suitable for up to two units per acre (see Attachment 9). Portions of the property that are adjacent to the existing Residential-Low Density 5 zoning to the west are recommended for one unit per five acres. This area is shown as having a farmland tax status.
A goal of the Small Area Plan is to offset “denser urban areas” with “significant amounts of open space, viewsheds and wild life corridors in the overall plan.” The approval of Southern Village, which is to the east of the rezoning site, represented an effort to concentrate dense urban development in one area while maintaining lower density elsewhere in the Southern Area.
Arguments in Opposition: An argument could be made that the 2000 Land Use Plan, a component of the Comprehensive Plan, recommends a density that is higher than two of the zoning categories under consideration: Residential-Low Density 5 and Rural Transition.
The Land Use Plan (see Attachment 8) shows the property as “Low Residential,” a land use category in which the recommended density is one to four units per acre. This category is consistent with the Residential-1 zoning, which the Town Council approved following the adoption of the 1992 Southern Small Area Plan. Residential-Low Density 1 (one unit per acre) is also within the range recommended under the Low Residential designation.
ZONING OPTIONS
On August 28, 2000, the Town Council decided to consider a range of possible zones for the site: Residential-Low Density 1, Rural Transition and Residential-Low Density 5. The chart below shows the characteristics of Residential-1 zoning and the three zoning categories under consideration.
|
R-1 |
R-LD1 |
RT |
R-LD5 |
|
|
Minimum Lot Size |
0.33 acre |
1 acre |
2.3 acres |
5 acres |
|
Permitted Uses (examples) |
||||
|
Single-Family |
P |
P |
P |
P |
|
Two-family, accessory apartments |
P |
P |
P |
P |
|
Extraction of Earth Products |
-- |
-- |
S |
-- |
|
Landfill |
-- |
-- |
S |
-- |
|
Agriculture: Non-Livestock |
A |
A |
P,A |
A |
|
Agriculture: Livestock |
-- |
-- |
P,A |
A |
Key: “--” Not Permitted; “A” Permitted as an Accessory Use; “P” Permitted as a Principal Use, provided other criteria are met; “S” Permitted as a Special Use.
The zoning categories under consideration are consistent with the zoning of the land that is outside the urban services area and within the Town’s extraterritorial planning jurisdiction, an area generally zoned single-family residential. The predominant zoning categories beyond the urban services boundary are Residential-Low Density 1, Rural Transition, and Residential-Low Density 5, all lower density zoning compared to Residential-1. An area along Mount Carmel Church Road is zoned Residential-1A (up to two units per acre). The property that is the subject of tonight’s hearing is the only residentially-zoned land outside the urban services area zoned Residential-1.
One approach would be to zone the area Residential-Low Density 1. Residential-Low Density 1, allowing one unit per acre, provides a transition between the adjacent suburban-density residential zones (Residential-1 and Residential-2) and the Residential-Low Density 5 district to the west. Residential-Low Density 1 also is compatible with the 2000 Land Use Plan, which calls for “Low Residential,” one to four units per acre. However, we believe a density of one unit per acre is less appropriate, considering that the location of the property outside the urban services area would require future development to be on septic systems.
Taking into account the location of the property outside the urban services area, we are recommending that the zoning be changed to Residential-Low Density 5. This would establish a firm edge to the urban services area, with very low-density residential zoning immediately outside the urban services area. Another argument for Residential-Low Density 5 is that this is the predominant land use category the Land Use Plan recommends for areas along Smith Level Road to the north and south of Dogwood Acres.
If the Council chooses Residential-Low Density 5 (or Rural Transition), for the properties, we recommend that the Council also consider amending the Land Use Plan to designate the properties “Rural Residential, one unit per two to five acres,” or “Rural Residential, one unit per five acres.”
RECOMMENDATIONS
Planning Board Recommendation: On October 3, 2000, the Chapel Hill Planning Board voted 5-1 (see Attachment 10) to recommend rezoning the property Residential-Low Density 5 (four members were absent). The Board also recommended amending the Land Use Plan to change the land-use category designated for the site from Low Residential to Rural Residential (1 unit per 5 acres).
Manager’s Preliminary Recommendation: We believe that this rezoning could be justified based on the finding that a rezoning is in response to changed conditions, and is necessary to achieve the purposes of the Comprehensive Plan. Our preliminary recommendation is that the Council adopt the attached Ordinance, rezoning the property from Residential-1 (R-1) to Residential-Low Density 5 (R-LD5) zoning. Our second preliminary recommendation is that the Council consider amending the 2000 Land Use Plan (attached) changing the Low Residential designation on the site to Rural Residential (1 unit/5 acres).
Three ordinances are attached for the Council’s consideration (see Attachments 1, 2 and 3). They provide the Council with three zoning options: Residential-Low Density 1, Rural Transition, and Residential-Low Density 5.
Also attached is a resolution (Attachment 4) amending the 2000 Land Use Plan, with the land use category for the site changed from Low Residential to Rural Residential (1 unit/5 acres)
ATTACHMENTS
Attachment 1
ORDINANCE
(Rezoning to R-LD5)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE IMPLEMENTATION OF THE COMPREHENSIVE PLAN (Chapel Hill Township Tax Map 122, Block B, Lot 8A, and Chapel Hill Township Tax Map 126, Block A, Lot 3)
WHEREAS, the Council of the Town of Chapel Hill has considered its initiative to amend the Zoning Atlas to rezone property described below from Residential-1 to Residential-Low Density 5, 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 Chapel Hill Township Tax Map 122, Block B, Lot 8A that is currently zoned Residential-1 shall be rezoned to Residential-Low Density 5 zoning.
That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 126, Block A, Lot 3 that is currently zoned Residential-1 shall be rezoned to Residential-Low Density 5 zoning.
The description of the portions of this site to be rezoned is indicated on Map 1.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the _____ day of _________, 2000.
Attachment 2
ORDINANCE
(Rezoning to RT)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE IMPLEMENTATION OF THE COMPREHENSIVE PLAN (Chapel Hill Township Tax Map 122, Block B, Lot 8A, and Chapel Hill Township Tax Map 126, Block A, Lot 3)
WHEREAS, the Council of the Town of Chapel Hill has considered its initiative to amend the Zoning Atlas to rezone property described below from Residential-1 to Rural Transition, 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 site identified as now or formerly Chapel Hill Township Tax Map 122, Block B, Lot 8A that is currently zoned Residential-1 shall be rezoned to Rural Transition zoning.
That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 126, Block A, Lot 3 that is currently zoned Residential-1 shall be rezoned to Rural Transition zoning.
The description of the portions of this site to be rezoned is indicated on Map 2.
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the _____ day of _________, 2000.
Attachment 3
ORDINANCE
(Rezoning to R-LD1)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE IMPLEMENTATION OF THE COMPREHENSIVE PLAN (Chapel Hill Township Tax Map 122, Block B, Lot 8A, and Chapel Hill Township Tax Map 126, Block A, Lot 3)
WHEREAS, the Council of the Town of Chapel Hill has considered its initiative to amend the Zoning Atlas to rezone property described below from Residential-1 to Residential-Low Density 1, 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 site identified as now or formerly Chapel Hill Township Tax Map 122, Block B, Lot 8A that is currently zoned Residential-1 shall be rezoned to Residential-Low Density 1 zoning.
That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 126, Block A, Lot 3 that is currently zoned Residential-1 shall be rezoned to Residential-Low Density 1 zoning.
The description of the portions of this site to be rezoned is indicated on Map 3.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the _____ day of _________, 2000.
Attachment 4
RESOLUTION AMENDING THE LAND USE PLAN CHANGING LAND USE DESIGNATION ON PROPERTIES REMOVED FROM URBAN SERVICES AREA
WHEREAS, the Town Council on May 8, 2000, removed portions of two properties in the Southern Area from the urban services area by shifting the urban services boundary farther east from Smith Level Road; and
WHEREAS, the 2000 Land Use Map recommends for this property a residential density that would be unsuitable for development on septic systems; and
WHEREAS, the Comprehensive Plan states that zoning should be in accordance with the Land Use Plan; and
WHEREAS, the Town Council has rezoned the property to a residential density lower than the range the Land Use Plan recommends for the property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council amends the Land Use Plan as indicated on Map 4.
This the ____ day of _____, 2000.