TO: Mayor and Town
Council
FROM: W. Calvin Horton,
Town Manager
SUBJECT: Chapel
Ridge - Application for a Zoning Atlas Amendment (Second Reading)
DATE: November 27, 2000
On November 13, 2000, the
Council adopted a Zoning Atlas Amendment to rezone 18.3 acres of land that is
located west of Northfield Drive and south of Brookstone Apartments. The Zoning Atlas Amendment was approved by a
5-3 vote. State Law requires that an
ordinance, including a Zoning Atlas Amendment, be approved by a minimum of 6
affirmative votes; otherwise a second reading is required. In accordance with State Law, this item
returns for the Council’s consideration.
We note that the Council
also approved a Special Use Permit application for the Chapel Ridge development
on November 13, 2000. The Special Use
Permit approval for this site is conditional on the approval of the Zoning
Atlas Amendment for this development.
Adoption of the attached
Ordinance on second reading would amend the Zoning Atlas.
Adoption of the attached
Resolution would deny the rezoning request.
ATTACHMENTS
ATTACHMENT A
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)(2000-11-12/O-6)
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portions of ordinances in conflict herewith are hereby repealed.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 27th day
of November, 2000.
ATTACHMENT B
(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)
(2000-11-27/R-8)
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 27th day
of November, 2000.