AGENDA #8

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Proposed Smith Level Road Area Rezoning and Land Use Amendment

DATE:             November 13, 2000

The Town Council held a public hearing on October 18, 2000 to consider a proposal to rezone 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.

The attached ordinances provide the Council with the choice of three possible Chapel Hill zoning designations to assign to the area: Residential-Low Density 5 (Ordinance A), Rural Transition (Ordinance B) and Residential-Low Density 1 (Ordinance C). We recommend the Council adopt Ordinance A and Resolution A amending the Land Use Plan map to lower the recommended residential density for the area to Rural Residential, 1 unit per 5 acres.

BACKGROUND

On May 8, 2000, the Council approved a change in the Land Use Plan Map that shifted the urban services boundary farther east from Smith Level Road, in effect removing the properties that are the focus of tonight’s hearing from the urban services area.

On August 28, 2000, the Council decided to call a public hearing on October 18 to consider a range of possible zones for these properties, including Residential-Low Density 5 (one unit per five acres), Rural Transition (one unit per 2.3 acres), or Residential-Low Density 1 (one unit per acre).

DISCUSSION

 

On October 18, 2000, the Council held a public hearing on a proposal to rezone approximately 56 acres west of Smith Level Road (please see Attachment 1). The Council recessed the October 18 hearing until November 13.

The Council has several options in considering zoning for this property:

For a description of regulations that pertain to each zoning district, see Attachment 2.

Several issues were raised on October 18:

  1. Citizen Comments

Five people spoke in favor of the proposed Residential-Low Density 5 zoning option. One person spoke against the rezoning.

  1. A Council member asked if other property in the area could have higher density to increase the amount of affordable housing in the Southern area, and whether the Council would have assurances that it would be built.

Staff Response: The 2000 Land Use Plan map indicates two areas in the Southern Area as potential affordable housing sites. The sites, located east of U.S. 15/501 near Southern Village, are in an area designated on the Land Use Plan as low density residential, one unit per acre.

Currently the Town lacks a mechanism to require developers to include affordable units in their projects when site plans are submitted based on existing zoning. However, the special use and conditional use processes provide the Council in reviewing rezoning applications a tool to encourage developers to include affordable housing in their developments. The Town has an adopted policy to require 15 percent of units be affordable.

Without the submission of a development plan together with a rezoning request, the Town cannot ensure that a property is developed with affordable units. Rezoning other parcels in the area to allow for a higher residential density, without a request for a special use permit or conditional use permit as part of a specific site plan, would not necessarily guarantee affordable housing would be provided.

The issue is reflective of the need in Chapel Hill for a mechanism to promote affordable housing. We suggest the Council refer the issue to the consultants working on updating the Development Ordinance.

  1. After recessing the hearing, the Council agreed to include the parcels on the open space acquisition list.

Staff Response: On October 18, the Council adopted a motion to consider the parcels for the open space acquisition list. We intend to inquire about purchasing the two parcels in their entirety, not just the portions affected by this rezoning proposal. Both parcels, which abut Smith Level Road, total about 113 acres. The approximately 57 acres that are not part of the rezoning proposal are currently zoned Residential-Low Density 5.

RECOMMENDATIONS

Planning Board Recommendation: On October 3, 2000, the Planning Board recommended that the Council zone the properties Residential-Low Density 5 (R-LD5) and amend the 2000 Land Use Plan map to designate the properties as Rural Residential, 1 unit per 5 acres. (Vote: 5-1)

Manager’s Recommendation:  That the Council adopt Ordinance A to zone the properties Residential-Low Density  (R-LD5), and adopt Resolution A amending the 2000 Land Use Plan map to designate the properties as Rural Residential, 1 unit per 5 acres.

ATTACHMENTS

  1. October 18, 2000, Memorandum: Public Hearing: Comprehensive Plan Implementation – Zoning and Land Use Designation of Areas within the Town’s Jurisdiction (Zoning Atlas and Land Use Plan Amendments) (begin new page 1).
  2. Characteristics of Zoning Districts R-1, R-LD1, RT and R-LD5 (p. 22).

ORDINANCE A

(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) (2000-11-13/ O-3a)

                        

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 are indicated on Map 1.

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 13th day of November, 2000.

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ORDINANCE B

(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) (2000-11-13/ O-3b)

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:

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 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 are indicated on Map 2.

                                                                                                   

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 13th day of November, 2000.

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ORDINANCE C

(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) (2000-11-13/ O-3c)

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:

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 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 are indicated on Map 3.

                                                   

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 13th day of November, 2000.

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A RESOLUTION AMENDING THE LAND USE PLAN CHANGING LAND USE DESIGNATION ON PROPERTIES REMOVED FROM URBAN SERVICES AREA (2000-11-13/R-13)

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;

WHEREAS, the 2000 Land Use Map recommends for this property a residential density that would be unsuitable for development on septic systems;

WHEREAS, the Comprehensive Plan states that zoning should be in accordance with the Land Use Plan;

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 13th day of November, 2000.