TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Sage Road Offices – Application for a Zoning Atlas Amendment
INTRODUCTION
Attached for your consideration is an application for a Zoning Atlas Amendment to rezone approximately 6.05 acres of land from Residential-2 (R-2) and Residential-4 (R-4) to Office / Institutional-1-Conditional (OI-1-C) zoning. The site is located southeast of the intersection of Sage Road and Old Sterling Drive, across from Grace Church, and behind the Lowe’s Home Improvement Center. Tonight’s Public Hearing has been scheduled to receive information in support of and in opposition to approval of the application.
The applicant has submitted an accompanying application for a Special Use Permit to authorize construction of an office development on the site. Please refer to the accompanying memorandum for a discussion of this application.
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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, and advisory board recommendations on the application.
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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, and tonight we submit our report and preliminary recommendation to the Council.
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.
Our review of this application 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.
Staff Comment: We believe the information in the record to date can be summarized as follows:
Arguments in Support: We were unable to identify any arguments in support of a manifest error.
Arguments in Opposition: To date, no arguments have been submitted in opposition to rezoning to correct a manifest error.
B) A rezoning is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
Arguments in Support: No arguments have been made to date in support of changed or changing conditions in this particular area.
Arguments in Opposition: To date, no arguments have been submitted in opposition to rezoning because of changed conditions.
C) A rezoning is necessary to achieve the purposes of the Comprehensive Plan.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
Arguments in Support: The Land Use Plan, a component of the Comprehensive Plan, adopted May 8, 2000, identifies this parcel for office use.
Arguments in support of this finding are also offered in the applicant’s Statement of Justification as follows:
“The Land Use Plan, adopted as part of the recently approved Comprehensive Plan, identifies the site as office use. Approval of the requested zoning map amendment to allow the proposed development will achieve the purpose of the Comprehensive Plan. Further, approval of the proposed rezoning will be consistent with previous zoning map amendments for other properties in the area. (Existing zoning classifications of property in the vicinity of the site include R-5, R-5-C, R-4, R-3-C, O&I-2 and CC-C.)”
“The requested zoning map amendment also supports the Goals and Objectives adopted as a part of the Comprehensive Plan. Support of specific Comprehensive Plan Goals includes:”
1) “Goal: Increase employment opportunities for residents and satisfy local demand for commercial and retail services.”
“The proposed development will provide for additional employment opportunities and space in which to locate professional and business services.”
2) “Goal: Promote orderly development and redevelopment to achieve appropriate and compatible use of land.”
“The proposed development is consistent with the Land Use Plan and is designed to be compatible with adjacent properties. Adequate public infrastructure is available to serve the development.”
3) “Goal: Identify, protect and preserve open spaces and critical natural areas and enhance the community’s air quality and water sources.”
“The proposed development preserves a significant drainage feature and mature stand of trees located near Sage Road.”
4) “Goal: Develop a balanced, multi-modal transportation system that will enhance mobility for all citizens, reduce automobile dependence, and preserve/enhance the character of Chapel Hill.”
“The proposed development is located within an established major transportation corridor and is on an established bus route. Additionally, the site is close to residential neighborhoods from which to draw employees and clients for the businesses that will occupy the proposed buildings.”
Arguments in Opposition: To date, no arguments have been submitted indicating that this development would not be consistent with the Comprehensive Plan.
We note that further arguments regarding the rezoning proposal will be presented during tonight’s Public Hearing.
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.
Planning Board Recommendation: The Planning Board considered this application on March 6, 2001, and voted 7-0 to recommend approval of the Zoning Atlas Amendment application. Please see the attached Summary of Planning Board Action.
Transportation Board Recommendation: The Transportation Board considered this application on March 6, 2001, and voted 5-0 to recommend approval of the Zoning Atlas Amendment. Please see the attached Summary of Transportation Board Action.
Manager’s Preliminary Recommendation: We believe that this rezoning could be justified based on the finding that the rezoning would achieve the purposes of the Comprehensive Plan. Our preliminary recommendation is that the Council adopt the attached Ordinance, rezoning the property from Residential-2 (R-2) and Residential-4 (R-4) to Office / Institutional-1-Conditional (OI-1-C) zoning.
The attached Resolution would deny the rezoning request.
ATTACHMENTS
7. Land Use Plan Detail Map (p. 23)
ATTACHMENT 1
ORDINANCE
(Rezoning to OI-1-C zoning)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE SAGE ROAD OFFICES DEVELOPMENT (Chapel Hill Tax Map Number 27, Block B, Lot 7D)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of John McAdams Company, Inc., to amend the Zoning Atlas to rezone property described below from Residential-2 (R-2) and Residential-4 (R-4) to Office / Institutional-1-Conditional (OI-1-C) zoning, and finds that the amendment is warranted, 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 27, Block B, Lot 7D, that is currently zoned Residential-2 (R-2), located south of Old Sterling Road and east of Sage Road, shall be rezoned to Office / Institutional-1-Conditional (OI-1-C) zoning.
That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 27, Block B, Lot 7D, that is currently zoned Residential-4 (R-4), located south of Old Sterling Road and east of Sage Road, shall be rezoned to Office / Institutional-1-Conditional (OI-1-C) zoning.
The description of the portions of this site to be rezoned are indicated on the attached area map.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the _____ day of _________, 2001.
(Denying OI-1-C Rezoning)
A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE SAGE ROAD OFFICES DEVELOPMENT (Chapel Hill Tax Map Number 27, Block B, Lot 7D)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of John McAdams Company, Inc., to amend the Zoning Atlas to rezone property described below from Residential-2 (R-2) and Residential-4 (R-4) to Office / Institutional-1-Conditional (OI-1-C) 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 John McAdams Company, Inc., to amend the Zoning Atlas to rezone the property identified as Chapel Hill Township Tax Map 27, Block B, Lot 7D, located south of Old Sterling Drive and east of Sage Road from Residential-2 (R-2) and Residential-4 (R-4) to Office / Institutional-1-Conditional (OI-1-C) zoning. The description of the entire property is as indicated on the attached area map.
This the _____ day of _________, 2001.