Attachment 2

PARCEL ANALYSIS

Affordable Housing Zoning Initiative

The maps referring to the text in this document can be viewed in the

Town Clerk’s Office or the Chapel Hill Public Library

INDEX OF PARCELS

Map #	Acres	TMBL/ Parcel ID #	Current Zoning	Owner	Address
1	22.0	7.17..15	R-3	Shieh, Ting Kuo	Weaver Dairy Rd
2	6.3	7.24..25	R-2	Maddry, Ronald E	E/O Airport Road
3	7.0	7.24..15B	R-2	Stanat, Donald F	N/O Homestead Rd
4	6.7	7.24..15	R-2	Maddry, Anne	N/O Homestead Rd
5	13.8	7.24..44	R-2	Tilson, C Yates, Sr	S/O Homestead Rd
6	3.1	7.24..44E	R-2	Tilson, David C	S/O Homestead Rd
7	15.8	7.24..43	R-2	Wood, William Bainster	S/O Homestead Rd
8	3.2	7.25..12A	R-2	Melvin Properties, Ltd	E/O Weaver Dairy Rd
9	6.5	7.26..27D	R-2	Birtchett, B N, Jr	E/O Weaver Dairy Rd
10	5.5	7.27.A.5B	R-2	Scott, Mildred McFarling	W/O Erwin Rd
11	6.6	7.27.D.4B	R-2	Smith, Doris Jean	S/O Old Durham Rd
12	3.1	7.27C..2	R-2	Lassiter, Richard E	Highview Dr
13	4.0	7.29..8	R-2	Richardson, Sherman W Etal	S/O Estes Dr& E/O NC 86
14	4.3	7.30..5	R-4	Umstead, Frank	Off Umstead Dr
15	7.5	7.30..6	R-4	Umstead, Frank	Off Umstead Dr
16	8.9	7.94.B.27	R-3	Merritt, Leo V	E/S RR near Northside
17	3.0	7.88.A.10	R-2	Strowd, Irene H	W/S Dogwood Dr
18	3.9	7.90.A.14	R-2	Brinkhous, Kenneth M	Forest Hills
19	4.3	7.88.A.17	R-2	Brinkhous, Kenneth M	Forest Hills
20	3.4	7.89.D.8	R-2	Holland, Helen H	S/S Chase Ave
21	4.0	7.89.G.10	R-2	Bennett, Louise	W/S S Columbia St
22	3.3	7.126.E.1	R-2	C H Hotel Associates	W/S S Columbia St
23	3.3	491-05-017	R-2	Craig Jr, P H	0 NC 54 Hwy
24	3.3	491-05-023	R-2	Sparrow, Roger L	5111 Barbee Chapel Rd
25	5.7	491-05-012	R-2	Lloyd, Thelma V	134 Old Chapel Hill Rd
26	7.4	491-05-029A	R-2	Stancell, Charles M	138 Old Chapel Hill Rd
27	5.5	491-05-28	R-2	Lloyd, Thelma V	0 Old Chapel Hill Rd
28	23.0	7.17..15	MU-OI-1	Shieh, Ting Kuo	N/O Weaver Dairy Rd
29	29.6	7.18..8	MU-OI-1	Park West Investors LLC	N/S Eubanks Rd
30	20.5	7.26..17J	MU-OI-1	Blue Cross & Blue Shield	#4 Eastowne Office Park
31	3.6	7.65.C.3B	CC	University Inn Associates	NC 54 near Oakwood Dr
32	4.9	7.29..10	OI-2	Peace, Johnnie Lee	E/O Airport Rd

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 1

LOCATION:  North of Weaver Dairy Road, south of I-40

TAX MAP NUMBER: 7.17..15

EXISTING ZONING: Residential-3

ACREAGE: 22 acres (approximate)  

LAND USE PLAN DESIGNATION:

Medium Residential, 4-8 units/acre

DESCRIPTION OF AREA: Property is the eastern portion of an approximately 45-acre parcel that has two zoning categories, Residential-3 and Mixed Use-Office/Institutional-1. This analysis examines the Residential-3 portion, which is roughly half of the entire parcel.

Much of the parcel is to the north of properties along Weaver Dairy Road. The site has some frontage on Weaver Dairy Road, to the west of the Coventry townhouse development. The Town Limits, which run along Interstate 40, form the northern boundary of the site.  The Carol Woods Retirement community is adjacent to the east.

Neighborhoods in the area range from the Coventry townhouse development to the Cedar Hills and Timberlyne Subdivisions to the south, where lots generally are one acre in size. Commercial development in the area includes Chapel Hill North at Weaver Dairy Road/Airport Road intersection, the Timberlyne Shopping Center to the south of Weaver Dairy Road, and several Weaver Dairy Road office buildings under construction at Vilcom.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates the site with a Medium Residential, 4 to 8 units per acre land use category. The western portion of the 45-acre parcel has a Mixed Use/Commercial Emphasis designation. Medium Residential also is designated for the parcels on Weaver Dairy Road to the south of the site, and properties that abut the site to the east. For properties to the south of Weaver Dairy Road across from the site the Land Use Plan indicates a designation of Low Residential 1 to 4 units per acre.

EXISTING ZONING: Most of the site is bordered by properties zoned for high-intensity use permitting density significantly higher than Residential-1 densities, including Residential-4 and Mixed Use-Office Institutional-1 zoning (maximum of 10 dwelling units/acre), and Office Institutional-2 and Residential-5 zoning (maximum of 15 dwelling units per acre). Immediately to the south of Weaver Dairy Road are existing subdivisions zoned Residential-1.

ZONING ANALYSIS: We believe that because of the size of the parcel, approximately 22 acres, this proposed rezoning would not constitute a case of spot zoning based on the definition described in the cover memorandum.

Lots in the vicinity of the site vary widely in size. Immediately to the east is a 100-acre parcel zoned for high-density residential (Residential-5). Across Weaver Dairy Road to the south, lots in the Cedar Hills subdivision generally are one acre in size. In the Coventry townhouse development to the southeast, lots are as small as 1/20^th of an acre. Two Office Institutional-2 lots to the south and west of the parcel are approximately 10 and 20 acres in size.

Rezoning the parcel would not create a new, unusually small zoning district relative to existing zoning in the Weaver Dairy Road area. Two neighboring areas of Residential-4 zoning north of Weaver Dairy Road are both smaller than the parcel. To the south of Weaver Dairy Road and east of Airport Road are Community Commercial, Residential-5 and Residential-3 zoning districts that are similar in size.

Rezoning of this property to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning. The 2000 Land Use Plan designation would remain Medium-Density Residential, reflecting an intent to consider future applications for higher density on this property, and thus provide Council with the opportunity to achieve affordable housing objectives.

Manager’s Preliminary Recommendation:    If the Council desires to proceed with the affordable housing initiative, we recommend the Council consider rezoning this property to Residential-1.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 2

LOCATION:

East of Airport Road, approximately 1,200 feet south of Weaver Dairy Road-Airport Road intersection

TAX MAP NUMBER: 7.24..25

EXISTING ZONING: Residential-2

ACREAGE: 6.3

LAND USE PLAN DESIGNATION:

Medium Residential, 4-8 units/acre

DESCRIPTION OF AREA: The parcel is on the east side of Airport Road. Neighborhoods in area include the Timberlyne Village apartments, a mobile home park, and the Windsor Park subdivision to the south.  Immediately east of the parcel is the Estates, a development containing single-family detached units on quarter-acre lots and apartment buildings. Commercial development in the area include Chapel Hill North at the Weaver Dairy Road/Airport Road intersection and the Timberlyne Shopping Center.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates the site with a Medium Residential, 4 to 8 units per acre land use category. The Medium Residential designation also includes the Windsor Park houses and apartments, an adjacent lot to the south, and lots to the west immediately across Airport Road. The Land Use Plan map designates lots on Airport Road immediately to the north of the parcel as Mixed Use, Office/Commercial Emphasis. The adjacent Timberlyne Village area to the north-northeast is designated High Density Residential, 8-to-15 units/acre.

The parcel is within an area on Airport Road the Land Use Plan map identifies as a “Development Opportunity Area.” The Comprehensive Plan states that Development Opportunity Areas are “appropriate for creative development or redevelopment.” Strategy 8A-1 in the Comprehensive Plan states that the lots in the Development Opportunity Area on Airport Road are “either undeveloped or developed below their zoning capacity.”

                                                                                                                                        

EXISTING ZONING: The site is bordered by properties zoned for use permitting density higher than Residential-1. Residential-2 zoning (a maximum of four dwelling units per acre) is the predominant zoning in the area, a district that stretches to the north and south of the parcel on either side of Airport Road. Residential-3 (up to seven dwelling units per acre) zoning is to the east, an area that includes the multifamily portion of Windsor Village. Residential-5 (up to 15 units per acre) is to the north and northeast, an area that includes Timberlyne Village.

ZONING ANALYSIS:  We believe that the proposed rezoning of the parcel would not constitute a case of spot zoning based on the definition described in the cover memorandum.

The 6.3-acre parcel is not small relative to other parcels in the area, which is being developed at urban intensities. Some of the larger parcels in the vicinity include a two-acre residential parcel neighboring the property to the south, a seven-acre parcel with apartment buildings to the northeast, and a 1.5-acre parcel immediately to the north. Lots in the Windsor Park subdivision to the south generally are a quarter acre and smaller. Several parcels on the east side of Airport Road, south of Weaver Dairy Road, are less than an acre in size.

In addition to whether the parcel is “relatively small,” another factor is whether a property is in a much larger area that is uniformly zoned. The parcel is in a large Residential-2 zoning district, but it is located within 2,000 feet of several zoning districts off Airport Road, including Residential 1, Residential-3, Residential-5, Community Commercial, Office Institutional-2, and Mixed Use-Office Institutional-1.  In addition, the tract is in an area designated as a “Development Opportunity” area on the Land Use Plan which are considered appropriate for creative forms of development in the Comprehensive Plan.

Rezoning of this property to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  The 2000 Land Use Plan designation would remain Medium Residential (4-8 units per acre), reflecting an intent to consider future applications for higher density on this property, and thus provide the Council with the opportunity to achieve affordable housing objectives. 

Manager’s Preliminary Recommendation:    If the Council desires to proceed with the affordable housing initiative, we recommend the Council consider rezoning this property to Residential-1.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 3, 4

LOCATION: North of Homestead Road just east of the Chapel Hill Town Limits.

TAX MAP NUMBER: 7.24..15B, 7.24..15

EXISTING ZONING: Residential-2

ACREAGE: 6.8 acres (Parcel No. 3), and 6.6 acres (Parcel No. 4)

LAND USE PLAN DESIGNATION:

Medium Residential, 4 to 8 units per acre

DESCRIPTION OF AREA: The two parcels are north of Homestead Road, just east of the Chapel Hill Town Limits. Parcel 3, approximately 6.8 acres in size, is adjacent to the Chapel Hill Town Limits, which form the western boundary of the property. The property, which is developed with a house, has road access via an easement. The 6.6-acre Parcel 4, which fronts on Homestead Road, features a narrow strip of land that extends along the eastern boundary of Parcel 3. Parcel 4 abuts the 40-acre Homestead Park, which is to the east. The parcel also is developed with a house.

The area also includes the three residentially zoned properties south of Homestead Road that are also part of the rezoning proposal (Parcels 5, 6 and 7).

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, places on the site a Medium Residential, 4 to 8 units per acre land use category. The Comprehensive Plan (Page 80 and Figure 13) identifies a portion of Parcel 4 as a Resource Conservation District area, a designation that sets additional development restrictions for protecting water quality, minimize flood damage and maintain open space and natural habitat.

                                                                                                                                        

EXISTING ZONING: The parcel is within a Residential-2 zoning district that spans into the Joint Planning Area outside the Town Limits. Residential-2 zoning is also the predominant zoning category to the south of Homestead Road, an area that includes the University of North Carolina’s Horace Williams property. Other zoning districts include a narrow band of Residential-3 Conditional zoning to the east, off Airport Road, and a 34-acre parcel with Residential-5 Conditional zoning (a maximum of 15 dwelling units per acre) south of Homestead Road.

ZONING ANALYSIS: We believe that the proposed rezoning of the two parcels, considered together, would not constitute a case of spot zoning based on the definition described in the cover memorandum. In determining whether the proposed rezoning affects a “relatively small tract,” we are considering the two parcels together in our analysis of spot zoning considerations because the properties adjoin one another. The parcels total approximately 13 acres, with a depth of approximately 1,200 lineal feet from north to south. The parcels vary in width, east-to-west, from about 200 to 750 lineal feet.

 

Other properties in the area include lots in the Homestead Village development, southwest of the two parcels, which are roughly a quarter acre in size. The portion of the Horace Williams tract that is south of Homestead Road totals more than 200 acres in size.

Nearby zoning districts vary widely in size as well. An Office Institutional-2 parcel immediately east of the two properties, at the Homestead Road-Airport Road intersection, is approximately 19 acres. Situated northeast of the parcels, west of Airport Road, a Residential-3 Conditional parcel totals approximately 4.5 acres in size. Other zoning districts are significantly larger, including the existing Residential-2 zoning district in which the two parcels are located. The Residential-2 zoning covers approximately 650 acres.

We believe the rezoning proposal for the two properties, given the size of the parcels as a whole and the context of the area, should not be considered a case of spot zoning.

Rezoning the parcels would not create a new, unusually small zoning district relative to existing zoning. The properties are within a Residential-2 zoning district that is approximately 650 acres. The area, however, features a variety of zoning districts nearby, including 4.5-acre, 6.3-acre, and 19-acre zoning districts in the vicinity. Because of the variety of zoning districts in the area, we conclude that the rezoning proposed for the three parcels should not be considered spot zoning despite the size of the surrounding Residential-2 zoning.

Rezoning of this property to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  The 2000 Land Use Plan designation would remain Medium Residential (4-8 units per acre), reflecting an intent to consider future applications for higher density on this property, and thus provide the Council with the opportunity to achieve affordable housing objectives.

The current use of the properties as very low density residential (one house per 6 acres) would also support zoning to a lower-intensity residential category.   

Manager’s Preliminary Recommendation:  If the Council desires to proceed with the affordable housing initiative, we recommend the Council consider rezoning this property to Residential-l.  However, in this case, we note that the differential in zoning from Residential-2 to Residential-1 is one unit/acre at maximum densities of development, so that the cited Comprehensive Plan objectives could still be achieved without the rezoning. 

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBERS: 5, 6 and 7

LOCATION: Just south of Homestead Road and the Town Limits, east of a railroad right- of-way

TAX MAP NUMBERS: 7.24..44, 7.24..44E, 7.24..43

EXISTING ZONING: Residential-2

ACREAGE: Approximately 32 acres total: 13.8 acres (No. 5), 3.1 acres (No. 6), 15.8 acres (No. 7)

LAND USE PLAN DESIGNATION:

Medium Residential, 4 to 8 units per acre

DESCRIPTION OF AREA: The Homestead Road area in the vicinity of the parcels is of a low-density residential character. The parcels are in an area that could undergo significant change in the coming years, as they are situated just north of the University of North Carolina’s Horace Williams tract. Homestead Village, a subdivision of single-family detached houses is located across a railroad right-of-way, which crosses Homestead Road west of the three parcels. To the northeast of the parcel, north of Homestead Road, are two residentially zoned properties that are also part of the rezoning proposal.

 

The 13.8-acre parcel (No. 5), which contains a house, has limited frontage on Homestead Road.  The westernmost property line extends south along a railroad right-of-way to a point about 1,300 linear feet from Homestead Road. Two residential properties, that are not part of the rezoning proposal, abut the parcel to the west and along Homestead Road to the north.

 

The 3.1-acre parcel (No. 6), which contains a house, has only 55 feet of frontage on Homestead Road, and much of the remainder of the property is less than 100 feet in width. The parcel extends approximately 1,300 feet to the south, and is about 200 feet at its widest point, an area at the southern end of the tract.

 

The 15.8-acre parcel (No. 7), the easternmost of the three parcels, also extends south to UNC’s Horace Williams tract. The parcel contains a single-family house.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, places on the three properties a Medium Residential, 4 to 8 units per acre land use category.

                                                                                                                                        

EXISTING ZONING: The parcel is within a Residential-2 zoning district that spans into the Joint Planning Area outside the Town Limits and includes the UNC property to the south. Residential-2 zoning is also the predominant zoning category to the north of Homestead Road. About 250 feet to the east of the 15.8-acre parcel is a 34-acre parcel zoned Residential-5 Conditional zoning (a maximum of 15 dwelling units per acre) south of Homestead Road.

ZONING ANALYSIS: We believe that the proposed rezoning of the three parcels, considered together, would not constitute a case of spot zoning based on the definition described in the cover memorandum.  In determining whether the proposed rezoning affects a “relatively small tract,” we are considering the three parcels together in our analysis of spot zoning considerations because the properties adjoin one another. The parcels total approximately 32.5 acres, covering an area that is more than 1,000 lineal feet, east-to-west, in some areas, and approximately 1,200 lineal feet from north to south.

Other properties in the area vary in size. Several are approximately one acre, and the lots in the proposed Homestead Village development are roughly a quarter acre in size. The portion of the Horace Williams tract that is directly south of the site is more than 200 acres in size. A Residential-5 Conditional zoned parcel to the east, south of Homestead Road, is more than 30 acres in size.

We believe the rezoning proposal for the three properties, given the size of the parcels as a whole and the context of the area, should not be considered a case of spot zoning.

Rezoning the parcels would not create a new, unusually small zoning district relative to existing zoning. The three properties are within a Residential-2 zoning district that is approximately 650 acres. The area, however, features a variety of zoning districts nearby, including 18-, 30- and 33-acre zoning districts to the east, on either side of Homestead Road between the three parcels and Airport Road. Because of the variety of zoning districts in the area, the rezoning proposed for the three parcels should not be considered spot zoning despite the size of the surrounding Residential-2 zoning.

Rezoning of this property to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  The 2000 Land Use Plan designation would remain Medium Residential (4-8 units per acre), reflecting an intent to consider future applications for higher density in this area, and thus provide the Council with the opportunity to achieve affordable housing objectives.

The current use of the properties as very low density residential (one house per 13, 3, and 15 acres respectively) would also support zoning to a lower-intensity residential category.

Manager’s Preliminary Recommendation:  If the Council desires to proceed with the affordable housing initiative, we recommend the Council consider rezoning this property to Residential-1.  However, in this case, we note that the differential in zoning from Residential-2 to Residential-1 is one unit/acre at maximum densities of development, so that the cited Comprehensive Plan objectives could still be achieved without the rezoning.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBERS: 8, 9

LOCATION: East of Weaver Dairy Road, north of the Weaver Dairy Road-Erwin Road intersection

TAX MAP NUMBERS: 7.25..12A, 7.26..27D

EXISTING ZONING: Residential-2

ACREAGE: Approximately 9.5 acres total: 3.2 acres (No. 8), and 6.5 acres (No. 9)

LAND USE PLAN DESIGNATION:

Low Residential, 1-4 units per acre

DESCRIPTION OF AREA: The parcels are east of Weaver Dairy Road, surrounded by developed subdivisions to the north, east and south. Birch Meadow is to the south of the 6.5-acre parcel, and Covington Place is to the southeast. The Springcrest Subdivision abuts the parcels to the east and northeast. A third development, Silver Creek, is north of the properties.

A recreational area for the Chesley subdivision is to the west, across Weaver Dairy Road from the 3.2-acre parcel. Several residential properties, one acre and larger, are located west of the 6.5-acre parcel on either side of Weaver Dairy Road. The Booker Creek Subdivision also is near the area, on the west side of Weaver Dairy Road.

A significant issue affecting the two parcels is the proposed extension of Sage Road through the properties to Weaver Dairy Road. The road extension would cross both parcels limiting the amount of area that could be developed.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, places on the site a Low Residential, 1 to 4 units per acre land use category.

                                                                                                                                        

EXISTING ZONING: The parcel is within a Residential-2 zoning district that covers a significant portion of northeast Chapel Hill. Low-density residential is the predominant zoning in the area. Residential-1 districts are to the northeast and southwest of the existing Residential-2 zoning district that contains the two parcels. About 1,000 feet southeast of the 6.5-acre parcel are a variety of higher-density zoning districts, including Residential-3 Conditional and Residential-5 Conditional.

ZONING ANALYSIS: We evaluate the proposed rezoning as a potential spot zoning case, due to the relative size of the parcels and its location within a large Residential-2 zone.  Rezoning this area (two tracts) would create a Residential-1 district of about 10 acres within a larger area of Residential-2 zoning.  

The rezoning could be considered to be consistent with the Comprehensive Plan.  The rezoning would further goals of the Plan by creating the potential for a rezoning and special use or conditional use application for a development that includes affordable housing.  If the property were developed under Residential-1 zoning, the rezoning would reduce the impact on infrastructure as compared to development allowed under the existing zoning as described in the cover memorandum, although the resulting change would be relatively insignificant.  The proposed Residential-1 density is within the range specified on the 2000 Land Use Plan Map.

The maximum dwelling units per acre would be reduced from four to three units per acre. Uses permitted under Residential-1 zoning are similar to uses permitted under Residential-2, the predominant zoning in the area.  For these reasons, the Council could have a reasonable basis for justifying the rezoning of the property.

 

However, a critical factor for these parcels is that proposed road improvements would greatly affect the development potential of the two properties. The proposed Sage Road extension to Weaver Dairy Road is to cross both parcels. This will create additional road frontage, but limit the amount of developable land on both lots.  Rezoning of property just prior to right-of-way acquisition would likely be viewed unfavorably in any legal review of such an action.

Manager’s Preliminary Recommendation:  We do not recommend the Council consider rezoning these tracts to Residential-1 due to the right-of-way which crosses the properties, and the pending acquisition for road improvements.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 10

LOCATION: West of Erwin Road, south of Old Oxford Road-East

TAX MAP NUMBER: 7.27.A.5B

EXISTING ZONING: Residential-2

ACREAGE: Approximately 5 acres

LAND USE PLAN DESIGNATION:

Low Residential, 1-4 units per acre

DESCRIPTION OF AREA: The undeveloped residentially zoned property contains a large pond (about 2.5 acres) that covers approximately half of the entire site. The property abuts several single-family residential properties that range from about a half-acre and slightly more than an acre. About 100 feet from the southwest property line are  townhouses in the Summerfield Crossing development. To the south of the property is a parcel with an approved special use permit for construction of an assisted living facility.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, places on the site a Low Residential, 1 to 4 units per acre land use category. The Comprehensive Plan (Page 80 and Figure 13) identifies the pond as a Resource Conservation District area, a designation that sets additional development restrictions for protecting water quality, minimize flood damage and maintain open space and natural habitat.

                                                                                                                                        

EXISTING ZONING: The parcel is on the outer portion of a Residential-2 zoning district that covers a significant portion of northeast Chapel Hill, approximately 675 acres. Neighboring zoning is for significantly higher density, including Residential-4 zoning districts that adjoin the property on the east and west. Residential-3-Conditional zoning abuts the southwest property line and extends to U.S. 15/501.

ZONING ANALYSIS:  We evaluate the proposed rezoning as a potential spot zoning case, based on the relative size of the parcel, in comparison to the significantly larger zoning districts in the area. Rezoning the parcel Residential-1 would create a single area of low-density residential zoning, compared with the surrounding zoning districts, all of which allow for more intense use than the proposed Residential-1 zoning.

If the property were developed under Residential-1 zoning, the rezoning would reduce the impact on infrastructure as compared to development allowed under the existing zoning as described in the cover memorandum.  The maximum dwelling units per acre would be reduced from four to three units per acre.  Uses permitted under Residential-1 zoning are similar to uses permitted under Residential-2, the predominant zoning in the area.   For these reasons, the Council could have a reasonable basis for justifying the rezoning of the property.

However, a critical factor for this parcel is the presence of a pond on about half of the property.  In this case the large amount of Resource Conservation District area in the center of the tract makes this tract an unlikely candidate for achieving affordable housing objectives.

Manager’s Preliminary Recommendation:  Based on the presence of the pond and a large amount of Resource Conservation District area, and the small area of developable land, we do not recommend Council consider rezoning this tract to Residential-1.   

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 11

LOCATION: On south side of Old Durham Road, east of Standish Drive

TAX MAP NUMBER: 7.27.A.5B

EXISTING ZONING: Residential-2

ACREAGE: 6.6 acres

LAND USE PLAN DESIGNATION:

Medium Residential, 4 to 8 units per acre

DESCRIPTION OF AREA: A pond is located on this property.  The parcel is in an area that has a variety of land uses within close proximity. Directly across Old Durham Road from the property is the Blue Cross-Blue Shield office building.  Cooper Square and the Standish Townhomes are to the west, south of Old Durham Road.  Pickard Oaks Subdivision is under construction immediately south and east of the parcel. The Colony Lake subdivision is to the south of the parcel.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates the area as Medium Residential, 4 to 8 units per acre. A portion of the parcel is labeled Resource Conservation District, a designation that sets additional development restrictions for protecting water quality, minimize flood damage and maintain open space and natural habitat.

                                                                                                                                        

EXISTING ZONING: The parcel is on the northern edge of a 470-acre Residential-2 zoning district that includes much of an area between Old Durham Road and Ephesus Church Road. In the vicinity of the parcel are several zoning districts of a varying size, including an 8.3-acre area zoned Residential-3 west of Standish Drive, a 2.5-acre Residential-4 zoning district at Standish Drive and Old Durham Road, and a 3.3-acre area south of Old Durham Road zoned Neighborhood Commercial. A large Office Institutional-2 zone is to the north, across Old Durham Road and extending north of U.S. 15/501.

ZONING ANALYSIS: We believe that the proposed rezoning of the parcel would not constitute a case of spot zoning based on the definition described in the cover memorandum.

                                     

In determining whether the proposed rezoning affects a “relatively small tract,” we are considering the size of the parcel relative to zoning districts in the area. The parcel is larger than several of the area zoning districts, including a 3.3-acre Neighborhood Commercial zoning district, and a 2.5-acre Residential-4 zoning district.

Rezoning the parcels would not create a new, unusually small zoning district relative to existing zoning. The property is on the edge of a large Residential-2 zoning district, so the rezoning would not create an isolated pocket of Residential-1 zoning in a uniformly zoned area.

Rezoning of this property to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  The 2000 Land Use Plan designation would remain Medium Residential (4-8 units per acre), reflecting an intent to consider future applications for higher density on this property, and thus provide the Council with the opportunity to achieve affordable housing objectives.

Manager’s Preliminary Recommendation:  If the Council desires to proceed with the affordable housing initiative, we recommend the Council consider rezoning this property to Residential-1.  However, in this case, we note that the differential in zoning from Residential-2 to Residential-1 is one unit/acre at maximum densities of development, so that the cited Comprehensive Plan objectives could still be achieved without the rezoning to a lower intensity.  In addition, the location of this property in the Resource Conservation District limits future development of this property. 

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 12

LOCATION: West of the Orange-Durham County line, at the north end of a cul-de-sac

TAX MAP NUMBER: 7.27C..2

EXISTING ZONING: Residential-2

ACREAGE: 3.1 acres

LAND USE PLAN DESIGNATION:

Low Residential, 1 to 4 units per acre

DESCRIPTION OF AREA: The parcel, which is developed with a house, is on the north end of Highview Drive. The lot is in a residential area, between the Colony Lake development which is to the north and west, and the Colony Woods subdivision, which is to the south and east.

The Colony Lake development includes townhouses, detached townhouse units, and duplexes. The Colony Woods lots on Highview Drive generally are about a half-acre in size, while other lots in the subdivision are roughly a quarter acre in size.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates the area as Low Residential, 1 to 4 units per acre.

                                                                                                                                        

EXISTING ZONING: The parcel is surrounded by property zoned Residential-2, a zoning district that covers much of the area between Old Durham Road to the north and Ephesus Church Roadto the south. About 250 feet to the east, at the Durham-Orange County line, is a large Residential-1 zoning district. While the predominant zoning is low-density residential (3 or 4 dwelling units per acre), to the northeast of the parcel is an apartment complex, in an area zoned Residential-4.

ZONING ANALYSIS: We evaluate the proposed zoning as a spot zoning case, based on the relative size of the parcel in relation to the significantly larger Residential-2 zoning district that surrounds the parcel. Rezoning the parcel Residential-1 would create an single area of low-density residential zoning, singling out a parcel at the end of a cul-de-sac where neighboring lots are zoned Residential-2.

The rezoning could be considered to be consistent with the Comprehensive Plan. The rezoning would further goals of the Plan by creating the potential for a rezoning and special use or conditional use application for a development that includes affordable housing. If the property were developed under Residential-1 zoning, the rezoning would reduce the impact on infrastructure as compared to development allowed under the existing zoning as described in the cover memorandum although the resulting change would be relatively insignificant.  The proposed Residential-1 density is within the density range specified on the 2000 Land Use Map.  The maximum dwelling units per acre would be reduced from four to three units per acre.  For these reasons, the Council could have a reasonable basis for justifying rezoning of the property.  However, the 2000 Land Use Plan shows the area as low-density residential, reflecting an intent that the area remain low-density residential.

Manager’s Preliminary Recommendation:    We do not recommend Council consider rezoning this tract to Residential-1 due to the small size of the property in relation similarly zoned neighboring property.   We believe rezoning this parcel could be considered a “spot zoning” action, as the parcel does not contain characteristics that distinguish it from its neighbors.   In addition, the Land Use Plan calls for the area to remain low-density residential; therefore, there is limited potential for creating affordable housing using the mechanism identified.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 13

LOCATION: East of Airport Road, south of Estes Drive

TAX MAP NUMBER: 7.29..8

EXISTING ZONING: Residential-2

ACREAGE: Approximately 4 acres

LAND USE PLAN MAP DESIGNATION:

Low Residential, 1-4 units per acre

DESCRIPTION OF AREA: The undeveloped parcel adjoins another parcel included in this rezoning proposal: a 5-acre property zoned Office/Institutional-1. The area contains a variety of uses, including the YMCA and offices on Airport Road, and Amity Church at Estes Drive and Airport Road. The Estes Hills Subdivision is to the east. Lots in Estes Hills that are larger than an acre adjoin the parcel on the east. An undeveloped residentially zoned parcel and a lot developed with a house, both on Estes Drive, adjoin the property on the north.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, places on the site a Low Residential, 1 to 4 units per acre land use category.

                                                                                                                                        

EXISTING ZONING: The parcel represents the southernmost portion of a small Residential-2 zoning district that extends north to Estes Drive, covering approximately 12 acres. A large Residential-1 zoning district borders the property on the east and south sides. Office Institutional-2 zoning extends along Airport Road southward from the Estes Drive-Airport Road intersection. Adjoining the property on the west is a five-acre parcel on Airport Road, zoned Office Institutional-2, where rezoning to Residential-1 also is being considered.

ZONING ANALYSIS: We believe that the proposed rezoning would not constitute spot zoning based on the definition described in the cover memorandum.  The parcel is comparable in size to other properties in the area – larger than the adjoining residential lots in Estes Hills, but smaller than some of the Office Institutional-2 parcels to the west. The property is four acres in size, but represents about a third of the zoning district in which it is located.

The property is in a Residential-2 zoning district, but the predominant zoning in the area is Residential-1, the same as the proposed zoning for this parcel. Adjoining the property to the east and south is a large Residential-1 district, the predominant zoning east of Airport Road, from south of Estes Drive to Weaver Dairy Road. Rezoning the parcel Residential-1 would not create an isolated area of low-density residential zoning, but, rather, essentially expand a large neighboring Residential-1 district.

Rezoning of this property to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  However, the 2000 Land Use Plan shows the area as Low Residential (1-4 units/acre).

Manager’s Preliminary Recommendation:  Although we do not believe this is a spot zoning case because the property adjoins a large Residential-1 district, we do not recommend rezoning this property to Residential-1 because of the limited potential to achieve affordable housing objectives due to its small size.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBERS: 14 and 15

LOCATION: On either side of Umstead Road, at the Estes Drive Extension intersection

TAX MAP NUMBERS: 7.30..5 (No. 14), and 7.30..6 (No. 15)

EXISTING ZONING: Residential-4

ACREAGE: 4.3 acres (No. 14), and 7.5 acres (No. 15)

LAND USE PLAN DESIGNATION:

Medium Residential, 4 to 8 units per acre

DESCRIPTION OF AREA: The Parcels are located on both sides of Umstead Road.  A single-family house is located on the eastern parcel.   Town-owned open space is situated between the two parcels and the Village West townhouses, which are to the west off Estes Drive Extension on Village Drive. Subdivisions in the area include Ironwoods to the north, Elkin Hill to the east, and Pinebrook Estates to the southeast.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates Medium Residential, 4 to 8 units per acre, for both properties. Portions of the parcels are identified as Resource Conservation District, a designation that sets additional development restrictions for protecting water quality, minimize flood damage and maintain open space and natural habitat.

                                                                                                                                        

EXISTING ZONING: The area includes several zoning districts, all residential but of varying densities. The current zoning includes Residential-1 across Estes Drive Extension to the north, Residential-2 zoning immediately to the east, Residential-3 zoning to the west and south, and the Residential-4 zoning district in which the two parcels are located.

ZONING ANALYSIS: We believe that the proposed rezoning of the two parcels, considered together, would not constitute a case of spot zoning based on the definition described in the cover memorandum.  The parcels are not relatively small tracts in comparison to other properties in the surrounding area, which is mostly developed. The area includes lots in the Ironwoods subdivision to north, across Estes Drive from the parcels that are roughly one third of an acre. In adjacent residential subdivisions to the east and southeast, lots are a quarter to about a half-acre in size. Adjoining the property to the east is a 9.6-acre parcel also zoned Residential-4.

The property is in an area of Town with a variety of zoning districts in close proximity to one another, including Residential-1 zoning across Estes Drive Extension to the north, Residential-2 zoning immediately to the east, Residential-3 zoning to the west and south, and the Residential-4 zoning district in which the two parcels are located. Rezoning the properties Residential-1 would be consistent with the zoning of the residential immediately across Estes Drive to the north.

Rezoning of these tracts to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  The 2000 Land Use Plan designation would remain Medium Residential (4-8 units per acre), reflecting an intent to consider future applications for higher density on this property, and thus provide the Council with the opportunity to achieve affordable housing objectives.  We note that a significant portion of the site is Resource Conservation District area that reduces the amount of developable land on these tracts.

Manager’s Preliminary Recommendation:    If the Council desires to proceed with the affordable housing initiative, we recommend the Council consider rezoning these tracts to Residential-1.  We note that a significant portion of the tracts are Resource Conservation District.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 16

LOCATION: North of the Northside Neighborhood. Most of the parcel is in Chapel Hill, but a small portion is outside the Town Limits

TAX MAP NUMBER: 7.94.B.27

EXISTING ZONING: Residential-3

ACREAGE: Approximately 9 acres

LAND USE PLAN DESIGNATION: Medium Residential, 4 to 8 units per acre

DESCRIPTION OF AREA: The parcel, developed with a dwelling unit, is north of the Northside neighborhood. A portion of the property falls outside the Town Limits. A railroad forms the western boundary of the parcel.  To the west is the Town of Carrboro planning jurisdiction.  To the east is recently developed property off Jay Street.  Adjoining the property on the north is the Town cemetery on Village Drive.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates the parcel Medium Residential, 4 to 8 units per acre.

                                                                                                                                        

EXISTING ZONING: The parcel is on the westernmost edge of a large Residential-3 zoning district that includes the Northside area and the Village West development.  The adjoining area in the Town of Carrboro is zoned R-7.5 (7,500 square foot lots).

ZONING ANALYSIS: We believe that the proposed rezoning would not constitute spot zoning based on the definition of spot zoning described in the cover memorandum.  The parcel is not a “relatively small” tract in an area that includes townhouses on small lots to the north, and an existing neighborhood to the south.  The property is in a large uniformly zoned area, zoned Residential-3. However, it is situated on the edge of, not surrounded by, the Residential-3 district.

Rezoning of this property to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  The 2000 Land Use Plan designation would remain Medium Residential (4-8 units per acre), reflecting an intent to consider future applications for higher density on this property, and thus provide the Council with the opportunity to achieve affordable housing objectives.

Manager’s Preliminary Recommendation:   If the Council desires to proceed with the affordable housing initiative, we recommend the Council consider rezoning this property to Residential-1

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 17

LOCATION: On Dogwood Drive, in the Westwood neighborhood. Abuts Orange Water and Sewer Authority property

TAX MAP NUMBER: 7.88.A.10

EXISTING ZONING: Residential-2

ACREAGE: Approximately 3 acres

LAND USE PLAN MAP DESIGNATION:

Low Residential, 1 to 4 units per acre

DESCRIPTION OF AREA: The parcel, which is developed with a house, is in the Westwood neighborhood. The Hilltop Water Tower property, a 17-acre parcel owned by Orange Water and Sewer Authority neighbors the property on the west. In Westwood, houses are on lots generally ranging from a half-acre to 1.5 acres. A 2.5-acre lot, developed with a house, abuts the property to the southwest. Also on Dogwood Drive, to the south, are two parcels that are included among the 32 parcels being considered as part of the rezoning initiative.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates Low Residential, 1 to 4 units per acre, for both properties. Along the western and northern portions of the property is an area identified as Resource Conservation District, a designation that sets additional development restrictions for protecting water quality, minimize flood damage and maintain open space and natural habitat.

                                                                                                                                        

EXISTING ZONING: The property is within a Residential-2 zoning district that is approximately 550 acres in size, including all of the neighboring parcels. The closest zoning that differs from Residential-2 is a Residential-3 zoning district about 500 feet from the parcel, to the west of the OWASA property.

                       

ZONING ANALYSIS: We evaluate the proposed rezoning as a potential spot zoning case based on its relative size and location within a larger uniformly zoned area. Rezoning the parcel Residential-1 would create a single area of low-density residential zoning within a larger Residential-2 zoning district.

If the property were developed under Residential-1 zoning, the rezoning would reduce the impact on infrastructure as compared to development allowed under the existing zoning as described in the cover memorandum, although the resulting change would be relatively insignificant.  The maximum dwelling units per acre would be reduced from four to three units per acre. Uses permitted under Residential-1 zoning are similar to uses permitted under the existing Residential-2, the predominant zoning in the area.  For these reasons, the Council could have a reasonable basis for justifying the rezoning of the property.  However, the 2000 Land Use Plan shows the area as low-density residential, reflecting an intent that the area remain low-density residential.  In addition, the tract has a significant area of Resource Conservation district area on it, reducing the development potential for affordable housing.

Manager’s Preliminary Recommendation:  We do not recommend Council consider rezoning this tract to Residential-1 due to the small size of the property in relation to similarly zoned neighboring properties.  We believe rezoning this parcel could be considered “spot rezoning” action, as the parcel does not contain characteristics that distinguish it from its neighbors.  In addition, the Land Use Plan calls for the area to remain low-density residential, therefore, there is limited potential for creating affordable housing units using the mechanism identified.

 

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBERS: 18 and 19

LOCATION:   Westwood neighborhood, off Dogwood Drive

TAX MAP NUMBERS: 7.90.A.14, and 7.88.A.17

EXISTING ZONING: Residential-2

ACREAGE: Approximately 4 acres (No. 18), and 4.3 acres (No. 19)

LAND USE PLAN DESIGNATION:

Low Residential, 1 to 4 units per acre

DESCRIPTION OF AREA: The parcels, one developed with a house (No. 19) and the other undeveloped (No. 18), are in the Westwood area. The Hilltop Water Tower property, a 17-acre parcel owned by Orange Water and Sewer Authority neighbors parcel No. 18 to the north. The property on which Laurel Ridge Apartments is located neighbors parcel No. 18 to the west. Also abutting No. 18 to the west is an unopened street right of way. Parcel No. 19 fronts on Dogwood Drive in Westwood, where houses are on lots generally ranging from a half-acre to 1.5 acres.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates Low Residential, 1 to 4 units per acre, for both properties. Crossing north to south through parcel No. 18 is an area identified as Resource Conservation District, a designation that sets additional development restrictions for protecting water quality, minimizing flood damage and maintaining open space and natural habitat.

                                                                                                                                        

EXISTING ZONING: The property is within a Residential-2 zoning district that is approximately 550 acres in size. Residential-4 zoning adjoins parcel No. 18 on the west, and on the southwest property lines of both parcels.

ZONING ANALYSIS: We believe that the proposed rezoning would not constitute spot zoning based on the definition described in the cover memorandum.  The parcels are comparable in size to other properties in the area – larger than the developed residential lots in Westwood, but smaller than the OWASA tract and the Laurel Ridge Apartments property, which is about 11 acres.

The parcels are in a Residential-2 zoning district, but the area has a variety of zoning districts to the west, including the Laurel Ridge Apartments parcel (Residential-4 zoning), which neighbors No. 18 to the west, and Residential-3 zoning west of Laurel Ridge Apartments along Merritt Mill Road.

Rezoning of this property to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  However, the 2000 Land Use Plan shows the area as Low Residential (1-4 units/acre).

Manager’s Preliminary Recommendation:  Although we do not believe this is a spot zoning case, we do not recommend rezoning this property to Residential-1 because of the limited potential to achieve affordable housing objectives due to constraints related to the Resource Conservation District, and the limited street access, via Dogwood Drive. Providing additional access for the properties from the west would require extending a road across the Resource Conservation District, which includes a creek.

In addition, the 2000 Land Use Plan Map calls for the area to remain low-density residential; therefore, there is limited potential for creating affordable housing using the mechanism identified.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 20

LOCATION: On Chase Avenue, south of the UNC campus

TAX MAP NUMBER: 7.89.D.8

EXISTING ZONING: Residential-2

ACREAGE: Approximately 3.1 acres

LAND USE PLAN DESIGNATION:

Low Residential, 1 to 4 units per acre

DESCRIPTION OF AREA: The parcel, developed with a house, is on the south side of Chase Avenue, that extends east from Columbia Street. The street is developed residentially, with lots on the north side abutting the UNC campus.  An apartment complex and Jones Park, a town park, abuts the parcel to the south and southeast.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates Low Residential, 1 to 4 units per acre, for both properties. A small area in the southwest corner an area identified as Resource Conservation District, a designation that sets additional development restrictions for protecting water quality, minimize flood damage and maintain open space and natural habitat.

                                                                                                                                        

EXISTING ZONING: The property is surrounded by properties also zoned Residential-2, a zoning district that is approximately 550 acres in size. The UNC campus, zoned Office Institutional-3, is to the north of the properties on the north side of Chase Avenue. About 350 feet to the east is the edge of a Residential-4 zoning district that extends along Purefoy Road. A small Neighborhood Commercial zoning district is about 700 feet to the south.

ZONING ANALYSIS:    We evaluate the proposed rezoning as a spot zoning case based on the relative size of the parcel in relation to the larger Resiential-2 zoning district that surrounds the parcel.   We believe that the proposed rezoning of the parcel could constitute spot zoning based on its relative size and location within a larger uniformly zoned area.

 The rezoning could be considered to be consistent with provisions in the Comprehensive Plan.  The rezoning would further goals of the Plan by creating the potential for a rezoning and special use or conditional use application for a development that includes affordable housing.  If the property were developed under Residential-1 zoning, the rezoning would reduce the impact on infrastructure as compared to development allowed under the existing zoning as described in the cover memorandum, although the resulting change would be relatively insignificant.  The proposed Residential-1 density is within the density range specified on the 2000 Land Use Map.  The maximum dwelling units per acre would be reduced from four to three units per acre.  Uses permitted under Residential-1 zoning are similar to uses permitted under Residential-2, the predominant zoning in the area.   For these reasons, the Council could have a reasonable basis for justifying rezoning of the property.  However, the 2000 Land Use Plan Map shows the area as low-density residential, reflecting an intent that the area remain low-density residential.

Manager’s Preliminary Recommendation:   We do not recommend the Council consider rezoning this tract to Residential-1 due to the fact that it would create an Residential-1 district of one smaller-sized parcel within a surrounding Residential-2 area.  In addition, the 2000 Land Use Plan Map calls for the area to remain low-density residential; therefore, there is limited potential for creating affordable housing using the mechanism identified.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBERS: 21 and 22

LOCATION: West of Columbia Street, east of Dawes Street, north of the NC 54 Bypass

TAX MAP NUMBERS: 7.89.G.10, and 7.126.E.1

EXISTING ZONING: Residential-2

ACREAGE: Approximately 4 acres (No. 21), and 3.3 acres (No. 22)

LAND USE PLAN DESIGNATION:

Low Residential, 1 to 4 units per acre

DESCRIPTION OF AREA: The parcels, one developed with a house (No. 21) and the other undeveloped (No. 22), are located on the west side of South Columbia Street, north of the Fordham Boulevard-Columbia Street interchange. The area is predominantly residential, except for Merritt’s Store at the corner of Purefoy Street and South Columbia Street. Across from Merritt’s, and abutting the neighboring Parcel No. 21 on the east, is property used for parking.

In May 1999, the Town Council denied a developer’s request to rezone Parcel No. 22 to allow the construction of the South Columbia Townhomes project, a development that would have contained 15 dwelling units. An earlier version of the proposal had called for building 27 condominiums on the site.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates Low Residential, 1 to 4 units per acre, for both properties.

                                                                                                                                        

EXISTING ZONING: The property is within a properties Residential-2 zoning district that is approximately 550 acres in size and stretches across the N.C. 54 Bypass to Southern Village. While Residential-2 is the predominant zoning in the area, adjoining parcel No. 21 to the east is a Neighborhood Commercial zone that is approximately 3 acres in size. Along Purefoy Road to the east of South Columbia Street are properties zoned Residential-4. A parcel owned by the Department of Transportation is situated between parcel No. 22 and the N.C. 54 Bypass.

ZONING ANALYSIS: We believe that the proposed rezoning would not constitute spot zoning based on the definition described in the cover memorandum.  The parcels, which total about 7.3 acres, are larger than most of the other properties in the area.

The parcels are in a Residential-2 zoning district, but the general area has a variety of zoning districts, including a three-acre Neighborhood Commercial district that neighbors parcel No. 21 to the east, and Residential-4 zoning to the east of South Columbia, along Purefoy Road.

Rezoning of this property to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  However, the 2000 Land Use Plan shows the area as Low Residential (1-4 units/acre), indicating an intent that the area remain low-density residential.  In addition, the property includes some Resource Conservation District area.  Both factors would limit the potential for achieving affordable housing through the mechanism proposed.

Manager’s Preliminary Recommendation:  Although we do not believe this is a spot zoning case because of the relative size of the parcels, we do not recommend rezoning the parcels to Residential-1. One of the issues is that the primary access for Parcel No. 21 is via a residential street, Dawes Street. For Parcel No. 22, the Council has voted in the past to not approve rezoning in a manner that could have resulted in achieving affordable housing objectives (the townhouse and condominium proposals).

In addition, the 2000 Land Use Plan Map calls for the area to remain low-density residential; therefore, there is limited potential for creating affordable housing using the mechanism identified.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBERS: 23, 24, 25, 26 and 27

LOCATION: In Durham County, south of N.C. 54 in the Chapel Hill Town Limits.

PARCEL ID NUMBERS: 491-05-017, 491-05-023, 491-05-012, 491-05-029A, 491-05-028

EXISTING ZONING: Residential-2

ACREAGE: Approximately 3.3 acres (Nos. 23 and 24), 5.7 acres (No. 25), 7.4 acres (No. 26), and 5.5 acres (No. 27). The total area is approximately 25 acres.

 

LAND USE PLAN DESIGNATION:

Low Residential, 1 to 4 units per acre (Nos. 26 and 27), and Medium Residential, 4 to 8 units per acre (Nos. 23, 24 and 25)

DESCRIPTION OF AREA: Parcels No. 25 and No. 27 are both vacant. The other three parcels subject to rezoning are each developed with a house. The properties in the immediate vicinity, east of Barbee Chapel Road, are either undeveloped or developed with a house. House lots in the Sherwood Forest subdivision to the east of Parcels No. 26 and 27 generally are one-third to one-half an acre in size.The Neighborhood Commercial zoning district to the north of Parcel No. 26 contains warehouse space.  To the south is the Durham City Limits and higher intensity apartments.

 

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates the three westernmost parcels (Nos. 23, 24 and 25) Medium Residential, 4 to 8 units per acre. Parcels Nos. 26 and 27 are designated Low Residential, 1 to 4 units per acre.

                                                                        

EXISTING ZONING: The predominant zoning for the area east of Barbee Chapel Road to the Town Limits is Residential-2 residential. The area has two areas with non-residential zoning, two Neighborhood Commercial zoning districts on the south side of N.C. 54, including a 4.5-acre parcel north of parcel No. 26. To the west of Barbee Chapel Road is a Residential-4 zoning district approximately 40 acres in size. The edge of the portion of Meadowmont zoned Residential-5 Conditional is roughly 400 feet to the northwest of the five parcels. A Residential-1 zoning district extends north of N.C. 54 across from the five parcels.  To the south, land in the City of Durham is zoned Planned Development-Residential.

ZONING ANALYSIS: We believe that the proposed rezoning of the five parcels, considered together, would not constitute a case of spot zoning based on the definition provided in the cover memorandum. The parcels, which total approximately 25 acres, are not relatively small tracts in comparison to other properties in the surrounding area, almost all of which are under two acres in size. Subdivisions to the east and west contain lots that generally are less than a half acre in size.  The properties make up a significant portion of the 60-acre Residential-2 zoning district in which they are located. The area includes a variety of zoning districts in addition to Residential-2, including Residential-4 to the east, two Neighborhood Commercial sites, an area owned by the University of North Carolina to the south zoned Office Institutional-2, and Meadowmont property zoned Residential-5 Conditional. A Residential-1 zoning district extends north of N.C. 54 across from the five parcels.

Rezoning these properties to Residential-1 could be justified on the basis of achieving the purposes of the Comprehensive Plan.  As described in the cover memorandum, the Comprehensive Plan objectives relating to the provision of affordable housing and the provision of urban services and infrastructure could be addressed by this rezoning.  The 2000 Land Use Plan designation would remain Medium Residential (4-8 units per acre) or Low-Density Residential (1-4 units per acre).  Any future application for a conditional use zoning and special use permit would need to take into consideration the Low-Density Residential Land Use Plan Map designation of a portion of the tracts (about 13 acres of the 25 acre total area).  This designation may limit the potential for creating affordable housing in the area under evaluation. 

In addition, the tracts adjoin existing neighborhoods in Chapel Hill that are single-family in character.  Access to some of these parcels may be difficult, and have effects on surrounding areas.

Manager’s Preliminary Recommendation:   If the Council desires to proceed with the affordable housing initiative, we recommend the Council consider rezoning these tracts to Residential-1.  However, we note that in this area, a portion of the tracts are shown as Low Residential on the Land Use Plan, limiting somewhat potential for creating affordable housing in the area.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 28

LOCATION:  North of Weaver Dairy Road, south of I-40

TAX MAP NUMBER: 7.17..15

EXISTING ZONING: Mixed Use-Office/Institutional-1

ACREAGE: 23 acres (approximate)  

LAND USE PLAN DESIGNATION:

Mixed Use, Office/Commercial Emphasis

DESCRIPTION OF AREA: Property is the western portion of a 45-acre parcel that is divided by two zoning categories: Residential-3 and Mixed Use-Office/Institutional-1. This analysis examines the Mixed Use-Office/Institutional-1 portion, which is roughly half of the entire parcel.

Much of the parcel is to the north of properties along Weaver Dairy Road. The mixed-use zoned portion has access to Weaver Dairy Road via University Station Road at the southwest corner of the site. The Town Limits, which runs along Interstate 40, form the northern boundary of the property.

The area contains a mix of non-residential and residential development. Chapel Hill North development abuts the property on the west. The Timberlyne Shopping Center is to the south of Weaver Dairy Road.  Neighborhoods in area include the Coventry townhouse development (with lots as small as 1/20^th of an acre), and the Cedar Hills and Timberlyne Subdivisions to the south, where lots generally are one acre in size.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates the site with a Mixed Use, Office/Commercial Emphasis. The eastern portion of the 45-acre parcel, which is part of a separate zoning analysis (No. 1 on the Locator Map), is designated Medium Residential-4 to 8 units per acre.

 

EXISTING ZONING: Most of the site is bordered by properties zoned for high-intensity use permitting density significantly higher than Residential-1 densities, including Residential-4 and Mixed Use-Office Institutional-1 zoning (maximum of 10 dwelling units/acre), and Office Institutional-2 and Residential-5 zoning (maximum of 15 dwelling units per acre). Immediately to the south of Weaver Dairy Road are existing subdivisions zoned Residential-1.

ZONING ANALYSIS: We believe that in this case the size of the parcel, approximately 23 acres, would not create a “spot zone” which would require a higher level of justification for the Town Council based on the definition described in the cover memorandum.  Lots in the vicinity of the site vary widely in size. Immediately to the east is a 100-acre parcel zoned for high-density residential (Residential-5). Across Weaver Dairy Road to the south, lots in the Cedar Hills subdivision generally are one acre in size. In the Coventry townhouse development to the southeast, lots are as small as 1/20^th of an acre. Two Office Institutional-2 lots to the south and west of the parcel are approximately 10 and 20 acres in size.

Rezoning the parcel would not create a new, unusually small zoning district relative to existing zoning in the Weaver Dairy Road area. Two neighboring areas of Residential-4 zoning north of Weaver Dairy Road are both smaller than the parcel. To the south of Weaver Dairy Road and east of Airport Road are Community Commercial, Residential-5 and Residential-3 zoning districts that are similar in size.

In considering rezoning of this area, we note that the proposal would involve a major change in land use categories from Mixed Use to Residential.  This area has been designated Mixed Use on the 1986 and 2000 Land Use Plan maps, and zoned correspondingly.  The 2000 Comprehensive Plan is largely an extension of existing land uses, reflecting the importance of maintaining Chapel Hill’s established community character (p.62).  Existing commercial and office areas were designated to remain in their current uses (p.63).

Manager’s Preliminary Recommendation:   Although we do not believe this is a spot zoning case, we do not recommend rezoning this area to Residential-1 based on the significant Comprehensive Plan policy change this would represent in changing the Land Use Plan category from Mixed Use to Residential.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 29

LOCATION:  On north side of Eubanks Road, at Interstate 40-NC 86 interchange

TAX MAP NUMBER: 7.18..8

EXISTING ZONING: Mixed Use-Office/ Institutional-1

ACREAGE: 29.6 acres (approximate)           

LAND USE PLAN DESIGNATION:

Mixed Use, Office Emphasis

DESCRIPTION OF AREA: The nearly 30-acre undeveloped parcel is on the north side of Eubanks Road, with the easternmost portion abutting the on-ramp from Interstate 40 connecting NC 86.  The parcel initially appears to be two separate parcels, but it is a single parcel with a 20-foot strip connecting the eastern portion next to the I-40 ramp, with the western portion that neighbors the Town park and ride lot.  In between the two portions of the parcel are two lots, both approximately 2.5 acres and each developed with a house.  North of Eubanks Road, in between Eubanks Road and a portion of the property, are a two-acre and a three-acre tract, each developed with a house.

 

West on Eubanks Road, just outside the Town Limits, is the United Parcel Service operation on approximately 8.5 acres, and further west is the Regional Landfill. The area features some residential development, including Northwood subdivision south of Eubanks Road across from the eastern portion of the property.  Northwood’s homes are generally on lots that are approximately one acre in size. An undeveloped 20-acre tract, which is outside the Town Limits, is directly across Eubanks Road from the westernmost portion of the property.

LAND USE DESIGNATION: The Land Use Plan Map adopted May 8, 2000, designates the site with a Mixed Use, Office Emphasis. The eastern portion of the parcel contains an area with a stream that is designated Resource Conservation District, a designation that sets additional development restrictions for protecting water quality, minimize flood damage and maintain open space and natural habitat.

EXISTING ZONING: The Mixed Use-Office Institutional-1 zoning district in which the parcel is located extends west into the joint planning area to the edge of the landfill.The surrounding properties are all outside the Town Limits, with the exception of the Town’s park and ride lot. Surrounding areas outside the Town Limits are within the Joint Planning Area in which zoning is jointly approved by the Town of Chapel Hill, Carrboro and Orange County. Zoning in the vicinity, all in Joint Planning Area, includes Mixed Use-Residential-1 to the north of the property, Residential-2 and Residential-1A to the south, and Rural Transition, which includes the landfill.

ZONING ANALYSIS: We believe that in this case the size of the parcel, approximately 29.6 acres, would not create a “spot zone” which would require a higher level of justification for the Town Council based on the definition described in the cover memorandum.  The 29.6-acre parcel, with the exception of the park and ride lot, is surrounded by properties outside the Town Limits. The area parcels vary widely in size, including an undeveloped 20-acre parcel south of Eubanks Road across from the parcel. Properties to the north include two vacant parcels, both roughly 24 acres in size. Other properties include one-acre house lots in Northwood, and residential properties on Eubanks Road 2 to 3 acres in size.

The existing Mixed Use-Office Institutional-1 zoning is approximately 90 acres in size, extending west along Eubanks Road from NC 86 to the landfill. Other zoning in the Eubanks Road area include Rural Transition, Mixed Use-Residential-1, Residential-1A, and Residential-2.

In considering rezoning of this area, we note that the proposal would involve a major change in land use categories from Mixed Use to Residential.  This area has been designated Mixed Use on the 1986 and 2000 Land Use Plan maps, and zoned accordingly.  The 2000 Comprehensive Plan is largely an extension of existing land uses, reflecting the importance of maintaining Chapel Hill’s established community character (p.62).  Existing commercial and office areas were designated to remain in their current uses (p.63).

Manager’s Preliminary Recommendation:   Although we do not believe this is a spot zoning case, we do not recommend rezoning these properties to Residential-1 based on the significant Comprehensive Plan policy change this would represent in changing the Land Use Plan category from Mixed Use to Residential.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 30

LOCATION:  North of U.S. 15/501, between Eastowne Drive and Interstate 40

TAX MAP NUMBER: 7.26..17J

EXISTING ZONING: Mixed Use-Office/Institutional-1

ACREAGE: 20.5 acres (approximate)           

LAND USE PLAN DESIGNATION: Mixed Use, Office Emphasis

DESCRIPTION OF AREA: The undeveloped property is part of the Northeast Gateway Corridor area that was the subject recently of a design competition. The parcel is on the west side of Eastowne Drive, which loops through the Eastowne Office Park. Interstate 40 and the Town Limits cross by the northeastern boundary of the parcel. A motel is directly across U.S. 15/501 from the parcel.

LAND USE DESIGNATION: The Land Use Map designates the area as Mixed Use, Office Emphasis. The Comprehensive Plan states, with regard to areas designated mixed-use: “Undeveloped or partially developed sites that are suitable for nonresidential development are designated mixed-use, with the objective of integrating office, commercial, and residential development to the greatest extent possible.” The Land Use Map also indicates a small area in the northeast corner is within the Resource Conservation District.

EXISTING ZONING: The parcel is within a Mixed Use-Office Institutional-1 zoning district that totals approximately 46 acres in size. The Mixed Use-Office Institutional-1 zoning is contained on the north side of U.S. 15/501. Parcels in the Eastowne Office Park are within an Office Institutional-2 zoning district that abuts 46 acres zoned for mixed use. The Office Institutional-2 zoning district extends south to include parcels on the south side of 15/501.

Immediately to the south of the property, across 15/501, is an area zoned Residential-1, though it contains both residential and non-residential uses. The Residential-1 area north of Old Durham Road, much of which is also part of the Northeast Gateway, is designated a “Development Opportunity Area” on the Land Use Map. The Comprehensive Plan states that Development Opportunity Areas are “appropriate for creative development or redevelopment.” Strategy 8A-1 in the Comprehensive Plan states that the lots in the Development Opportunity Area on Airport Road are “either undeveloped or developed below their zoning capacity.”

ZONING ANALYSIS: We believe that in this case the size of the parcel, approximately 20.5 acres, would not create a “spot zone” which would require a higher level of justification for the Town Council based on the definition described in the cover memorandum.  The 20.5-acre parcel is not a small tract in an area developing at urban intensities. The parcel generally is one of the larger parcels that abut U.S. 15/501.  Parcels in the vicinity vary widely in size, the largest being the 40-acre Blue Cross/Blue Shield property to the southwest, across 15/501. A neighboring parcel to the southwest, across Eastowne Drive, is approximately 12.5 acres. Other parcels in Eastowne generally are one to two acres in size.

The existing Mixed Use-Office Institutional-1 zoning is approximately 46 acres in size, with the parcel being considered for rezoning representing just under half that area. Other zoning districts that are adjacent to or in close proximity to the property include Office Institutional-2, Residential-4, Residential-5, and Residential-1.

In considering rezoning of this area, we note that the proposal would involve a major change in land use categories from Mixed Use to Residential.  This area has been designated Mixed Use on the 1986 and 2000 Land Use Plan maps, and zoned accordingly.  The 2000 Comprehensive Plan is largely an extension of existing land uses, reflecting the importance of maintaining Chapel Hill’s established community character (p.62).  Existing commercial and office area were designated to remain in their current uses (p.63).

Manager’s Preliminary Recommendation:  Although we do not believe this is a spot zoning case, we do not recommend rezoning this property to Residential-1 based on the significant Comprehensive Plan policy change this would represent in changing the Land Use Plan category from Mixed Use to Residential.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 31

LOCATION:  South of NC 54, across NC 54 from Oakwood Drive.

TAX MAP NUMBER: 7.65.C.3B

EXISTING ZONING: Community Commercial

ACREAGE: 3.6 acres (approximate) 

LAND USE PLAN DESIGNATION: Mixed Use, Office/Commercial Emphasis

DESCRIPTION OF AREA: The undeveloped parcel is in an area with a variety of land uses.  Glen Lennox Shopping Center and a gas station are located on NC 54 west of this parcel.  The Town has a fire station on Hamilton Road abutting this parcel on the west side. Glen Lennox Apartments and the Oakwood neighborhood are on the north side of NC 54. The UNC Mason Farm area, which includes the Finley Golf Course, is to the south of the site.

LAND USE DESIGNATION: The Land Use Plan designates the property Mixed Use, Office Emphasis. The Comprehensive Plan states, with regard to areas designated mixed-use: “Undeveloped or partially developed sites that are suitable for nonresidential development are designated mixed-use, with the objective of integrating office, commercial, and residential development to the greatest extent possible.”

EXISTING ZONING: The property is within a Community Commercial zoning district that extends more than 2,500 feet along N.C. 54. The zoning includes approximately 40 acres, including property on the north and south sides of N.C. 54. Several zoning categories other than Community Commercial are within close proximity to the parcel, including Office Institutional-2 zoning (the UNC Mason Farm area) abutting the property to the south. On the north side of NC 54, across from the parcel, are areas zoned Residential-2, Residential-3, and Residential-4.

ZONING ANALYSIS: We evaluate the proposed rezoning as a potential spot zoning case based on its relative size and location within a larger uniformly zoned area. Rezoning the parcel Residential-1 would create a single area of low-density residential zoning within a larger Community Commercial zoning district.

                                                                                                                                     

The rezoning would significantly diminish the allowable development permitted under current zoning. The maximum residential development would be reduced from fifteen to three units per acre. Uses permitted under Residential-1 zoning are significantly more limited compared to the existing Community Commercial zoning, which permits a variety of non-residential uses.  The proposed rezoning would not coincide with the recommended land use designations in the 2000 Land Use Plan, which designates the parcel Mixed Use, Office/Commercial Emphasis.

For these reasons, the Council may lack a reasonable basis that would justify the rezoning of the property to Residential-1.

Manager’s Preliminary Recommendation:  We do not recommend Council consider rezoning this tract to Residential-1, as it would create a small pocket of low-density residential zoning in an area where neighboring properties on NC 54 are zoned for non-residential use.  We believe rezoning this parcel could be considered a “spot rezoning” action that would be difficult to justify legally.  In addition, a change in Land Use Plan category from Mixed Use to Residential would represent a significant Comprehensive Plan policy change.

REZONING PROPOSAL: PARCEL ANALYSIS

LOCATOR MAP NUMBER: 32

LOCATION:  East of Airport Road, south of the YMCA

TAX MAP NUMBER: 7.29..10

EXISTING ZONING: Office/Institutional-2

ACREAGE: 4.9 acres (approximate) 

LAND USE PLAN DESIGNATION: Office (portion on Airport Road), and Low Residential, 1 to 4 units per acre (eastern portion)

DESCRIPTION OF AREA: The parcel, which is developed with a single-family house, is in an area that is predominantly non-residential. Nearby properties include the Chapel Hill YMCA and an office building, both neighboring the property to the north, and Amity Church at the corner of Estes Drive and Airport Road.  Abutting the property to the east is a four-acre parcel that is also being considered for Residential-1 zoning as part of this rezoning initiative. The Estes Hills Subdivision is to the east. Lots in Estes Hills that are larger than an acre adjoin the parcel on the east.

Two undeveloped parcels, one almost 15 acres in size and the other under three acres in size, abut the property to the south.

LAND USE DESIGNATION: The Land Use Plan Map designates an office use for the portion of the parcel that fronts on Airport Road, and Low Residential, 1 to 4 units per acre for the remainder (the eastern portion).

EXISTING ZONING: The property is within a 31-acre Office Institutional-2 zoning district that extends for more than 2,000 feet including properties on the east side of Airport Road. The parcel that is being considered for rezoning has approximately 200 feet of frontage on Airport Road.  On the west side of Airport Road, to the southwest of the parcel, is a 6-acre Office Institutional-2 zoning district. Other zoning in the area include a 12-acre Residential-2 zoning district to the east, 40 acres of Office Insitutional-3 zoning on the west side of Airport Road at Estes Drive. A large Residential-1 zoning district borders the property on the southeast.

ZONING ANALYSIS: We evaluate the proposed rezoning as a potential spot zoning case based on its relative size and location within a larger uniformly zoned area. Rezoning the parcel Residential-1 would create a single area of low-density residential zoning within a larger Office Institutional-2 zoning district.

The rezoning would significantly diminish the allowable development permitted under current zoning. The maximum residential development would be reduced from fifteen to three units per acre. Uses permitted under Residential-1 zoning are significantly more limited compared to the existing Office Insitutional-2 zoning, which permits a variety of non-residential uses.  The proposed rezoning would not coincide with the recommended land use designations in the 2000 Land Use Plan. While the Land Use Plan designates Low Residential, 1 to 4 units per acre for the eastern portion of the parcel, it shows office use for the portion of the parcel that fronts on Airport Road.

For these reasons, the Council may lack a reasonable basis for justifying the rezoning of the property to Residential-1. 

Manager’s Preliminary Recommendation:  We do not recommend Council consider rezoning this tract to Residential-1 due to the small size of the property in relation to similarly zoned neighboring properties.  We believe rezoning this parcel could be considered a “spot rezoning” action that would be difficult to justify legally. In addition, the Land Use Plan calls for the eastern portion to develop at a low residential density, limiting the potential to create affordable housing units using the mechanism identified.  For the western portion, a change in Land Use Plan category from Office to Residential would be a significant Comprehensive Plan policy change.