TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Chapel Ridge – Application for a Zoning Atlas Amendment
INTRODUCTION
Tonight the Council continues the Public Hearing from September 18, 2000, regarding an application for a Zoning Atlas Amendment to rezone approximately 18.3 acres of land that is located west of Northfield Drive and south of the Brookstone Apartments. The application proposes to rezone the property from Residential-2 (R-2) and Residential-4 (R-4) to Residential-5-Conditional (R-5-C) zoning. The attached Ordinance would approve this rezoning. The attached Resolution would deny the rezoning.
The applicant has submitted an accompanying 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.
|
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 September 18 Public Hearing 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 September 18; and, tonight the Council will continue its discussions on the application.
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 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 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 and Residential-4 zoning on that 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 September 18 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.
Provision of Affordable Housing
During the September 18 Public Hearing, several Council members inquired as to how the applicant was proposing to ensure that at least 15% of the units in this development would be affordable.
Staff Comment:
This issue is addressed in the accompanying memorandum for the Chapel Ridge Special Use Permit application.
Existing Zoning
Following the Public Hearing on September 18, 2000, the applicant determined that a small portion of the southeastern portion of the site (.68 acres) is actually located in the Town’s Residential-3 (R-3) zoning district rather than the Residential-2 (R-2) zoning district as noted in the applicant’s previous materials.
Staff Comment:
We have attached a revised zoning diagram for the Council’s reference (please see Attachment C). This revision does not change the applicant’s proposed rezoning request for the northern 18.3 acres of the site to Residential-5-Conditional (R-5-C). We note that the applicant has requested a rezoning for the northern portion of the site because the existing zoning does not permit (a) the number of units, and (b) the amount of floor area proposed by the applicant. The following table provides a comparison of the revised existing zoning and the proposed conditional zoning districts:
|
Zoning District(s) |
Permitted UnderExisting Zoning (Revised 10/10/00) |
Proposed with Rezoning (11/13/00) |
Number of Units |
156 |
180 |
|
Amount of Floor Area (s.f.) |
157,237 |
220,844 |
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.
Planning Board Recommendation: The Planning Board considered this application on September 5, 2000, and voted 9-0 to recommend approval of the Zoning Atlas Amendment application.
Community Design Commission Recommendation: The Community Design Commission considered this application on August 16, 2000, and voted 8-1 to recommend approval of the Zoning Atlas Amendment.
Manager’s Recommendation: We believe that this rezoning could be justified based on the finding that a rezoning is necessary to achieve the purposes of the Comprehensive Plan. Our recommendation is that the Council adopt the attached Ordinance, rezoning the northern 18.3 acres of the property from Residential-2 (R-2) and Residential-4 (R-4) to Residential-5-Conditional (R-5-C) zoning.
The attached Resolution would deny the rezoning request.
ATTACHMENTS
ORDINANCE
(Rezoning to R-5-C)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE CHAPEL RIDGE DEVELOPMENT (Chapel Hill Tax Map Number 24, Lots 38A and 41G) (2000-11-13/O-2)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of Ponikvar & Associates, Inc. Architects to amend the Zoning Atlas to rezone property described below from Residential-2 and Residential-4 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 site identified as now or formerly Chapel Hill Township Tax Map 24, Lot 41G, that is currently zoned Residential-4, located south of Brookstone Drive, shall be rezoned to Residential-5-Conditional zoning.
That for the portion of the site identified as now or formerly Chapel Hill Township Tax Map 24, Lot 38A, that is currently zoned Residential-2, located west of Northfield Drive, the northern 8.3 acres shall be rezoned to Residential-5-Conditional zoning.
The description of the portions of this site to be rezoned are indicated on the attached map.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This, the 13th day of November, 2000.
(Denying R-5-C Rezoning)
A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE CHAPEL RIDGE DEVELOPMENT (Chapel Hill Tax Map Number 24, Lots 38A and 41G) (2000-11-13/R-10)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of Ponikvar & Associates, Inc. Architects to amend the Zoning Atlas to rezone property described below from Residential-2 and Residential-4 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 Land Use Plan, a component of the Comprehensive Plan, identifies this parcel for low-density residential use.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application of Ponikvar & Associates, Inc. Architects to amend the Zoning Atlas to rezone the property identified as Chapel Hill Township Tax Map 24, Lots 38A and 41G, located south of Brookfield Drive and west of Northfield Drive from Residential-2 and Residential-4 to Residential-5-Conditional zoning.
This, the 13th day of November, 2000.