TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposed Rezoning of University of North Carolina Central Campus to Office/Institutional-4: Zoning Atlas Amendment
DATE: July 2, 2001
Tonight the Town Council considers action on a rezoning application filed by the University of North Carolina to rezone the main campus to a new Office/Institutional-4 (OI-4) zoning district.
We recommend adoption of the attached Ordinance A.
Last fall, discussions began between the Town and UNC regarding the University’s plans for future facilities, and the fact that growth on the University’s main campus was nearing maximum levels as set out in Chapel Hill’s development regulations. On October 23, Mayor Waldorf presented a proposed process for discussing issues of mutual concern between the Town and University, and subsequently appointed a Mayor’s Committee to meet with University representatives.
On April 23, the Council adopted a resolution endorsing a proposed schedule of action. According to the proposed schedule of action, the Council would consider creating a proposed new OI-4 zoning district, and consider rezoning of the main campus to this new district. The schedule called for a Public Hearing on June 18, and possible Council action on July 2. On or after July 3, the University would submit a Development Plan for the Town’s consideration.
(For further discussion of background, please see the memorandum for an accompanying item on tonight’s agenda presenting the proposed OI-4 zoning district.)
On June 6 we received a request from the University of North Carolina to rezone property, as shown on the map in Attachment 1, such property to be rezoned to the new OI-4 zoning district. We noted in our June 18 memorandum that, based on a combination of circumstances, there are nine sub-areas that comprise this overall proposal for OI-4 zoning.
On June 18 we submitted to the Council a detailed evaluation of the area proposed for rezoning, along with descriptions of sub-areas. That evaluation is attached again here.
A protest petition was filed objecting to this proposed rezoning. An attached memorandum reports that the petition is sufficient and valid to trigger the requirement of a supermajority vote in order to approve rezoning to OI-4 any of the land that is the subject of this hearing.
On June 26, the Mayor’s Committee on University Discussions met with Chancellor Moeser and members of his staff. As noted below, there was agreement at that meeting to a proposal to eliminate some of the original area requested for rezoning.
This memorandum reports on the issues raised at the June 18 Public Hearing, and recommends that the Council approve the rezoning application, amended as described below. The Council tonight may vote on the rezoning proposal. The Council may also choose to hear additional citizen comment prior to voting.
RECENT DISCUSSIONS WITH UNIVERSITY
On June 26 the Mayor’s Committee on University Discussions met with Chancellor Moeser and members of his staff to discuss issues that were raised at the June 18 Public Hearing. During discussions, and in response to concerns reported by Council members, University officials agreed that the following proposals would be acceptable:
· Remove from Sub-area 1 the triangular area of land at the western edge of Area 1, a parcel of land bordered by South Columbia Street and Old Pittsboro road that is currently undeveloped.
· Remove Sub-area 5, a single lot on the north side of Franklin Street, from the area to be rezoned to OI-4.
· Remove the Pinetum, Sub-area 6, from the area to be rezoned to OI-4.
· Remove Sub-area 8, a single lot between the Steele and Egan properties, from the area to be rezoned to OI-4.
Accordingly, we have revised our recommendation to reflect these points. We now recommend that the rezoning be approved with the deletion of the triangle of land in Sub-area 1, and the deletion of Sub-areas 5, 6, and 8.
In addition University officials agreed to a commitment to delay construction of one of residential buildings proposed as part of the University’s Master Plan, along Mason Farm Road. The subject building is the building appearing closest to the Wolfenden residence on the Master Plan (proposed to contain 25 dwelling units). The commitment was to delay such that construction would not begin until July 1, 2009, or until the University acquires the Wolfenden residence, whichever is sooner. We anticipate receiving a letter from the University regarding the commitment to delay the construction of this family-housing building.
There was also agreement to study the possibility that Areas 2 and 3, which will stay in this rezoning, might be used in the future for construction of housing.
Regarding the triangular parcel of land that is to be removed from Sub-area 1: The parcel is currently zoned OI-3, and will remain so for now. There is agreement that the land should appropriately be zoned Residential-2; a proposal to so rezone will be initiated at a later time.
Zoning determines the type and intensity of uses and development that are allowed on a piece of land. A rezoning involves a change to the zoning of the land. In Chapel Hill, a rezoning may be requested in two ways: general use and conditional use rezoning requests. A general use rezoning request is to change the zoning to a different zoning district in which any of several kinds of developments and uses are permissible. A conditional use rezoning request is to allow development and uses only with approval of a Special Use Permit. This rezoning proposal is a general use rezoning.
The zoning designation of a property determines the range of land uses and development intensities permitted on the property. Article 20, Section 20.1 of the Development Ordinance establishes the intent of Zoning Atlas Amendments by stating:
“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.”
Section 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.”
Proposed OI-4 Zoning District
A new zoning district, Office/Institutional-4 (OI-4) is being proposed concurrent with the proposed rezoning of the UNC central campus area. For details of the proposed OI-4 zoning district, please refer to that agenda item in tonight’s packet.
Proposed Rezoning of UNC Main Campus
This rezoning proposal would change the zoning for portions of the central campus area of the University of North Carolina from its current zoning designation of Office/Institutional-3 (OI-3) to a proposed new Office/Institutional-4 (OI-4) zoning district. The proposed rezoning also includes smaller areas around the edges of the main campus. The original request was to rezone an area that consisted of nine Sub-areas. The revised proposal being recommended tonight is for a smaller area, as described above.
UNC Special Use Permits
There are three special use permits in effect for the main campus area. These special use permits are for Kenan Stadium, a Health Affairs Parking Deck, and the Smith Center. Throughout this process, issues have been raised related to the area between the Smith Center and the residential area on the north side of Mason Farm Road. On January 15, 1979, the Council rezoned the land in the general area of the Smith Center from R-20 to University A, but left a 200 foot strip of land between the new University A district and Mason Farm Road as R-20. In 1981, the R-20 zoning district was reconstituted as the modern-day R-1 zone. Subsequently, the Smith Center Special Use Permit was approved with conditions related to this R-1 area. We note that the proposed OI-4 district would not require a special use permit for places of assembly. These issues are discussed in more detail in the attached compilation of comments from June 18.
Comprehensive Plan
Land Use Plan
The majority of the proposed rezoning area is designated University on the Town’s Land Use Plan, adopted in May, 2000. This area includes sub-areas 1, 2, 6 and 7. Sub-areas 8 and 9, in the southern portion of the proposed rezoning area, are designated Low Residential (1-4 units/acre), and sub-areas 3 and 5 are designated as High Residential (8-15 units/acre). Sub-area 4, located on the 100 block of East Franklin Street, is designated Town/Village Center.
Historic District
Portions of the northern and western edges of the area are in the Town’s historic districts. Sub-areas 2 and 3 and a portion of sub-area 1 are within the Cameron-McCauley Historic District, and sub-area 5 and a portion of sub-area 1 are within the Franklin-Rosemary Historic District. The Gimghoul Historic District is adjacent to the eastern side of the proposed rezoning area.
We stated in our June 18 memorandum that overlay districts, like Chapel Hill’s Historic District, do not apply to State-owned properties. The chair of our Historic District Commission appeared at the hearing and asked for clarification of that point. We have revisited the question, and believe that our statement was in error. While overlay zoning districts in general cannot be applied to State-owned property, there is special statutory language that indicates that Historic District regulations can be applied. We have made an adjustment in the accompanying memorandum, discussing the proposed OI-4 zoning district, clarifying this point.
Residential Conservation Area
Portions of the northwest and southern edges of the area are within Residential Conservation Areas, as delineated on the Town’s Land Use Plan. Specifically, sub-areas 2, 3, 5, 8 and 9 are within Residential Conservation Areas.
Downtown Small Area Plan
Portions of the north edge of the area are within the Planning Area of the Downtown Small Area Plan. Specifically, sub-areas 4 and 5 and the northern portion of sub-area 1 are within the Planning Area of the Downtown Small Area Plan.
Zoning Justification
As noted in the “Zoning Atlas Amendments” section of this memorandum, there are three justifications for rezonings: a) to correct a manifest error in the chapter; b) because of changed or changing conditions in a particular area or in the jurisdiction generally; or c) to achieve the purposes of the Comprehensive Plan.
There have been no arguments posed to date that the existing zoning is a manifest error. In general, we believe that the primary justification for the Zoning Atlas Amendments as called for in the proposed rezoning would relate to the changing conditions of the University, and that the proposed rezoning could be justified under condition (b). The University is projected to experience significant growth in student, faculty, and staff populations in the coming years, requiring additional facilities and services. Accommodation of this projected growth is outlined in the University’s Master Plan. The existing zoning would not allow the University to add the needed facilities to support its growing population. Changing conditions are also indicated by the bond referendum passed by state voters last fall for facility construction and renovation on the UNC campus.
A change in zoning to implement the University Master Plan could also relate to Strategy 4A-1 in the Comprehensive Plan to “coordinate with UNC and the UNC Health Care System in developing and implementing the Master Plan for the main campus” (Comprehensive Plan, p.27).
RESPONSE TO ISSUES RAISED AT 6/18 PUBLIC HEARING
Please note that a description of and response to all material questions and comments raised at the Public Hearing appears as an attachment to this memorandum. Key points are highlighted below.
Area Originally Proposed for Rezoning: The key piece of information describing the area proposed for rezoning is the map submitted by the University. This area is shown on the map included here as Attachment 1.
Several speakers at the hearing pointed out that the Land Development Application form that was submitted by the University on June 6 did not accurately describe the area shown on the map. Two points were mentioned repeatedly, buy several speakers: (1) The application form states that two acres of R-2 zoning are proposed for rezoning, yet no R-2 areas appear on the map; and (2) The application form indicates that a very large portion of R-1 zoning is proposed for rezoning to OI-4, more than can be explained by looking at the map. Both of these situations appeared because of the inaccuracy of the information on the University’s application form. We note that the University, as applicant, has corrected the application form, and the corrected version appears in Attachment 1.
We note above that the map is the key determinative piece of information used to identify the area proposed for rezoning. We also note that the area shown on the map has been a constant throughout this process. The University submitted this map to the Town on May 8. The boundary was shown on a map that was sent to 1200 property owners on May 9, along with notice of this proposed rezoning. The same boundary was displayed at a Public Information Meeting on May 22, considered by the Planning Board on June 5, displayed in newspaper advertisements, included in the materials prepared for the June 18 Public Hearing, and displayed/described at the hearing.
Finally, we note that tonight we are recommending rezoning of a smaller area than that originally requested by the University. Our recommendation appears here as Ordinance A.
Range of Possible Action: There were numerous comments at the hearing expressing support for rezoning the OI-3 portion of the proposed area, combined with opposition to rezoning some or all of the perimeter portions of the area.
The requested rezoning is currently in the form of one area. We offered at the Public Hearing, and include again here, a description and evaluation of the nine components of this one area.
We believe that the appropriate action for the Town Council is to take a single vote on whether or not to approve a rezoning for the main campus. We note that we are recommended rezoning of a smaller area than that originally proposed.
Development Plan: Many of the comments at the Public Hearing did not specifically address the proposed rezoning, but rather focused on details that might be proposed and forthcoming in a future Development Plan subsequently submitted by the University. Among the issues raised at the hearing that are appropriately Development Plan considerations:
· Level of Development to be authorized (e.g., just bond projects, or more?).
· Edge issues (e.g., where buildings might be located, what level of buffering).
· Impacts of development: how to minimize where possible, mitigate remaining.
· Phasing and sequencing of particular buildings.
We note that these are not rezoning issues, but would likely be key issues to be considered and discussed in the review of a subsequent Development Plan. We understand that the issues are being raised now so that the Council can consider these questions as part of its deliberations on whether or not to rezone property in a manner that would allow a Development Plan to be subsequently submitted.
SUMMARY OF KEY CONSIDERATIONS
We believe that the decision points for this requested rezoning can be summarized as follows:
1. The current situation, with the main campus zoned OI-3, leaves the University very little ability to add new facilities to the campus.
2. The Council needs to decide whether or not the proposed OI-4 zoning district is an appropriate tool to include in the Development Ordinance.
3. If OI-4 is created, the decision becomes whether or not to apply it to the area proposed for rezoning. A component of this decision is the issue of, if the new OI-4 zone is to be applied, should it be applied to the entire area requested or part of the area requested.
Following is a summary of the key arguments for and against the proposed rezoning:
Arguments in Support
As noted previously, in general, we believe that the primary justification for the Zoning Atlas Amendments as called for in the proposed rezoning would relate to the changing conditions. The University is projected to experience significant growth in student, faculty, and staff populations in the coming years, requiring additional facilities and services. Accommodation of this projected growth is outlined in the University’s Master Plan. The existing OI-3 zoning would not allow the University to add the needed facilities to support its growing population. Changing conditions are also indicated by the bond referendum passed by state voters last fall for facility construction and renovation on the UNC campus.
Rezoning the main campus area to OI-4 could also be determined to be consistent with the University designation of the Town’s Land Use Plan. Section 8.2 of the Comprehensive Plan defines the University category as “lands owned by UNC, including the main campus, Horace Williams tract, and Mason Farm.” A change in zoning to implement the University Master Plan could also relate to Strategy 4A-1 in the Comprehensive Plan to “coordinate with UNC and the UNC Health Care System in developing and implementing the Master Plan for the main campus.”
Furthermore, the proposed OI-4 zoning district is designed to mitigate the potential impacts of the University’s growth through requiring a detailed development plan. The Town would have the opportunity to have significant input into future growth plans and how those plans would impact the Chapel Hill community and environment.
Arguments Against
In general, we believe that University growth will have impacts that will adversely affect the community unless there is mitigation. As noted in the “Statement of the Chapel Hill Town Council to UNC Chancellor James Moeser” (dated April 9, 2001), “community impacts can include effects on traffic congestion, transit service, stormwater management, water and air quality, water and sewer capacity, housing markets, school capacity, fire protection, visual character, neighborhood character, and recreation services.”
Five of the sub-areas (2, 3, 5, 8 and 9) are within a Residential Conservation Area, shown on the Town’s Land Use Plan, which calls for neighborhood protection and preservation when the Town considers rezoning proposals. The Comprehensive Plan states that “it is the stated policy of Chapel Hill that neighborhood protection issues in these areas are paramount. It means that, when policy choices that affect these areas are before the Town Council (road issues, rezoning proposals, public investment decisions), the balance should tilt in favor of protection and preservation” (Comprehensive Plan, p. 12).
Regarding sub-area 4, changing the zoning to the new Office Institutional-4 district would place a zoning designation that is tailored specifically to the University for properties in the Downtown commercial core. The conversion of commercial property to University use is discussed in the Downtown Small Area Plan. The Plan makes reference to the University-owned parcels in the 100 block, stating, “Those on the 100 block of East Franklin should be preserved and protected. Of continuing concern is the conversion of former commercial space to office uses for the University.” We also note the Town/Village Center land use designation for these parcels on the 2000 Land Use Plan map. The Comprehensive Plan states that the “emphasis in the 100 block of East Franklin Street will be on preserving the scale and character of the existing buildings and streetscape.”
Regarding sub-area 7, the area currently provides a separation and screening between University areas and nearby low-density residential areas.
Regarding sub-areas 8 and 9, the Land Use Plan of the Comprehensive Plan, adopted May 8, 2000, designates these sub-areas as Low Residential (1-4 units/acre). If these sub-areas are rezoned from Residential 1 to Office/Institutional-4, the new zoning would permit a higher density residential or non-residential use than is currently permitted. Higher density uses could be in conflict with the Low Residential land use designation, which allow one to four units on this parcel.
Planning Board Recommendation: On June 5, 2001, the Planning Board voted to recommend that the Council approve the rezoning application for sub-areas 1 (with the exception of the triangular parcel in the southwestern corner of the area, immediately south of the intersection of Old Pittsboro Road and South Columbia Street), 4, 5, 6 and 7 (please see Ordinance B and accompanying map). (Vote: 5-3). A Summary of Planning Board Action is attached (please see Attachment 4).
Manager’s Recommendation: That the Council adopt Ordinance A, approving a Zoning Atlas Amendment for an area smaller than that originally proposed.
Immediately following this memorandum are:
Ordinance A (Manager’s Revised Recommendation) – with map
Ordinance B (Planning Board’s Recommendation) – with map
ATTACHMENTS:
1. June 6 UNC Requested OI-4 Zoning District – Map, Application Form (p. 15).
2. Map: Location of Sub-Areas (p. 18).
3. June 25 letter revising application, with revised Application Form (p. 28).
4. June 27 letter from UNC agreeing to a smaller area for rezoning (to be distributed) (p. 30).
5. Planning Board Summary of Action (p. 31).
6. Response to Questions and Comments at 6/18 Public Hearing (p. 32).
7. List of Comprehensive Plan References, with Comments (p.55).
8. Correspondence Received (p. 58).
ORDINANCE A
(Manager’s Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE UNIVERSITY OF NORTH CAROLINA CENTRAL CAMPUS AREA (2001-07-02/R-8a)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of the University of North Carolina to amend the Zoning Atlas to rezone property described below to Office/Institutional-4 zoning, and finds that the amendment is warranted due to changing conditions in the area, and in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
SECTION I
That the areas shown on the attached map labeled 1-9, described and discussed at the June 18, 2001 Public Hearing of the Town Council, with the exceptions noted below, shall be rezoned to Office/Institutional-4 zoning.
The exceptions are the following parcels, shown on the attached map, that are to be removed from this rezoning action, thereby retaining their existing zoning. Those removed parcels are:
· The triangular lot at the intersection of South Columbia Street and Old Pittsboro Road, identified as Chapel Hill Township Tax Map number 7.88.H.1, currently shown on the attached map as being within Area 1.
· The area identified on the attached map as Area 5.
· The area identified on the attached map as Area 6.
· The area identified on the attached map as Area 8.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 2nd day of July, 2001.
(insert map)
ORDINANCE B
(Planning Board Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE UNIVERSITY OF NORTH CAROLINA CENTRAL CAMPUS AREA (2001-07-02/O-8b)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of the University of North Carolina to amend the Zoning Atlas to rezone property described below to Office/Institutional-4 zoning, and finds that the amendment is warranted due to changing conditions in the area, and in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:
SECTION I
That the portion of the site identified as now or formerly by Chapel Hill Township Tax Map numbers 7.73..1 (portion), 7.86.D.11, 7.86.G.1, 7.86.G.2, 7.87.C.1, 7.87.C.2, 7.87.C.3, 7.87.C.4, 7.87.C.5, 7.73..7, 7.73..8, 7.73..9, 7.73..6 (portion), 7.73..6A (portion), 7.73..10 (portion), 7.74.H.1, 7.74.H.2, and 7.74.H.3, and that is currently zoned Office/Institutional-3, shall be rezoned to Office/Institutional-4 zoning.
That the portion of the site identified as now or formerly by Chapel Hill Township Tax Map number 7.80.E.10, and that is currently zoned Office/Institutional-1, shall be rezoned to Office/Institutional-4 zoning.
That the portion of the site identified as now or formerly by Chapel Hill Township Tax Map numbers 7.86.D.14, 7.86.D.13, 7.86.D.12, 7.86.D.8, 7.86.D.9A, 7.86.D.9, 7.86.D.9B, 7.86.D.9C, 7.86.D.10, and 7.73..1 (portion), and that is currently zoned Town Center 1, shall be rezoned to Office/Institutional-4 zoning.
That the portion of the site identified as now or formerly by Chapel Hill Township Tax Map numbers 7.73..1 (portion), 7.73..6A (portion), 7.73..10 (portion), 7.73..6 (portion), 7.72.A.4, and that is currently zoned Residential 1, shall be rezoned to Office/Institutional-4 zoning.
The description of the portions of this site to be rezoned are indicated on the attached map.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 2nd day of July, 2001.
(insert map)
(Denying OI-4 Rezoning)
A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE UNIVERSITY OF NORTH CAROLINA CENTRAL CAMPUS AREA(2001-07-02/R-10)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of the University of North Carolina to amend the Zoning Atlas to rezone property described below to Office/Institutional-4 zoning, and fails to find that the amendment:
a) corrects a manifest error in the chapter, or
b) is justified because of changed or changing conditions in the area of the rezoning site or the community in general, or
c) achieves the purposes of the Comprehensive Plan.
For the reasons that:
(INSERT REASONS FOR DENIAL)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application of the University of North Carolina to amend the Zoning Atlas for the described area to Office/Instituional-4 zoning. The description of the entire property is as indicated on the attached map.
This the 2nd day of July, 2001.