TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT:The Homestead – Application for a Zoning Atlas Amendment
INTRODUCTION
Tonight the Council continues the Public Hearing from May 14, 2001, regarding an application for a Zoning Atlas Amendment to rezone a 48.11-acre site that is located north of Homestead Road, east of the University Branch Southern Railroad, west of Homestead Park and south of the recently approved Parkside II subdivision. The property is also located outside of the existing Chapel Hill Corporate Limits, in the Town’s Northern Joint Planning Transition Area.
The property owner has requested that the site be rezoned from Residential-2 (R-2) to Residential-4-Conditional (R-4-C). We note that the owner has submitted a letter outlining voluntary limitations regarding the future use of the site, if the Residential-4-Conditional (R-4-C) zoning is approved for this site (please see attached letter).
The applicant has also submitted an accompanying application for a Special Use Permit to authorize construction of a multi-family development on the site. Please refer to the accompanying memorandum for a discussion of this application.
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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, as well as the May 14, 2001, Public Hearing memorandum and related attachments.
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PROCESS
This is an application for a Zoning Atlas Amendment. The Development Ordinance requires the Town Manager to conduct an evaluation of this Zoning Atlas Amendment application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Article 20 of the Development Ordinance; we have presented a report to the Planning Board; we submitted our report and preliminary recommendation to the Council on May 14; and, tonight the Council will continue its discussions on the application.
We note that this site is presently located outside of the Town of Chapel Hill’s Corporate Limits, in the Town’s northern Joint Planning Transition Area (JPA). This Zoning Atlas Amendment was the subject of a Joint Planning Public Hearing on April 11, 2001. Approval of the proposed Zoning Atlas Amendment in the Joint Planning Transition Area will require joint approval by the Chapel Hill Town Council and the Orange County Board of Commissioners.
Zoning determines the type and intensity of uses and development that are allowed on a piece of land. A Zoning Atlas Amendment involves a change to the current zoning, and thus the permitted types and intensity of land uses. 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. The Homestead rezoning application is a conditional use rezoning request. Consequently, if the Homestead conditional use rezoning request were to be approved, the applicant would still need to receive approval for a Special Use Permit application prior to development actually occurring on the site.
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 zoning on that property, without Council approval of a Special Use Permit. We believe that it is appropriate for the Council to consider a specific Special Use Permit proposal on that application, in tandem with a conditional use zoning hearing. If the Council does not find the Special Use Permit proposal to be an acceptable use of the property, we would recommend that the Council not approve the rezoning request.
The May 14, 2001, Public Hearing memorandum reviewed this application, including both supporting and opposing arguments for the rezoning. We have provided the Public Hearing materials as an attachment to this memorandum.
KEY ISSUES
There were no key issues raised in regard to the rezoning of this property during the Public Hearing on May 14, 2001.
We note that this is an application for Conditional Use Zoning. The applicant is offering to have the use of this property, if rezoned, limited to that described in the accompanying Special Use Permit application. If the Council does not find that description acceptable, it may deny this rezoning application.
We also note, that since this property is located in the Town’s northern Joint Planning Transition Area (JPA), approval of the proposed Zoning Atlas Amendment will require joint approval by the Chapel Hill Town Council and the Orange County Board of Commissioners. If the Chapel Hill Town Council approves this rezoning request, then we anticipate that the Orange County Commissioners will consider the proposed rezoning later this summer.
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.
Planning Board Recommendation: The Planning Board considered this application on April 3, 2001, and voted 8-0 to recommend approval of the Zoning Atlas Amendment application. Please see the attached Summary of Planning Board Action.
Manager’s Recommendation: We believe that this rezoning could be justified based on the finding that a rezoning is necessary to achieve the purposes of the Comprehensive Plan. Our preliminary recommendation is that the Council adopt the attached ordinance, rezoning the property from Residential-2 (R-2) to Residential-4-Conditional (R-4-C).
The attached Resolution would deny the rezoning request.
ATTACHMENTS
ORDINANCE
(Rezoning to R-4-C zoning)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE HOMESTEAD DEVELOPMENT - Chapel Hill Tax Map Number 24, Lot 16 & Portion of Lot 12 (2001-06-25/O-7)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of Kimley-Horn & Associates, Inc., to amend the Zoning Atlas to rezone property described below from Residential-2 (R-2) to Residential-4-Conditional (R-4-C), 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 24, Lot 16 and a portion of Lot 12, that are currently zoned Residential-2 (R-2), located north of Homestead Road, between the University Branch Southern Railroad and Homestead Park, shall be rezoned to Residential-4-Conditional (R-4-C) zoning, with the following limitations on uses:
· That residential development shall be limited to a maximum density of 4.1 units per acre; and
· That a minimum of 15% of the proposed dwelling units shall consist of permanently affordable units available for private ownership. An affordable dwelling unit shall be defined as a unit that is priced at a level affordable to households earning 80% or less of the median income for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), as provided by the U.S. Department of Housing and Urban Development (HUD).
The description of the site to be rezoned is indicated on the attached map.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 25th day of June, 2001.
Insert map here.
(Denying R-4-C Rezoning)
A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE HOMESTEAD DEVELOPMENT - Chapel Hill Tax Map Number 24, Lot 16 & Portion of Lot 12 (2001-06-25/R-18)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of Kimley-Horn & Associates, Inc., to amend the Zoning Atlas to rezone property described below from Residential-2 (R-2) to Residential-4-Conditional (R-4-C), 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 Kimley-Horn & Associates, Inc., to amend the Zoning Atlas to rezone the property identified as Chapel Hill Township Tax Map 24, Lot 16 and a portion of Lot 12, located north of Homestead Road, between the University Branch Southern Railroad and Homestead Park, to Residential-4-Conditional (R-4-C) zoning. The description of the entire property is as indicated on the attached map.
This the 25th day of June, 2001.
Insert map here.