AGENDA #2

 

MEMORANDUM

 

 

TO:                Mayor and Town Council

 

FROM:          W. Calvin Horton, Town Manager

 

SUBJECT:     a) Public Hearing: Zoning of Newly Annexed Parcels in Durham County

                      b) Consideration of Ordinance Adopting Residential-1 Zoning

 

DATE:           September 24, 2001

 

 

The purpose of tonight’s public hearing is to consider zoning for three parcels in Durham County annexed into Chapel Hill’s Town Limits with the passage of legislation in the General Assembly. Chapel Hill zoning must be in place within 60 days of the effective date of annexation of August 8, 2001, or the area will have no zoning regulation. For this reason we are also requesting Council action on the attached ordinance zoning the area Residential-1.

 

 

PROCESS

 

The proposed action requires completing two steps tonight:

 

a)   A hearing for receiving public comment on the proposed zoning

b)   Consideration of public comment, followed by a vote on the ordinance

 

 

 

BACKGROUND

 

In spring 2001, the Town Council requested that the General Assembly consider adopting legislation that would annex several small properties at the edge of Town. Two parcels were between the town limits of Chapel Hill and Carrboro, and three were located just outside the Chapel Hill Town Limits in Durham County, within the Chapel Hill-Durham Long Range Annexation Boundary (please see Map 1).

 

The two annexed properties, which are adjacent to the Carrboro town limits and in Chapel Hill’s extraterritorial planning jurisdiction, have Chapel Hill zoning in place, and require no zoning action.

 

On August 8, 2001, the General Assembly ratified Senate Bill 657, which added the parcels to the corporate limits of Chapel Hill. When an area is annexed, Chapel Hill zoning must be in place within 60 days of the effective date of annexation or the area will have no zoning regulation. The three parcels in Durham County, which total less than 2 acres, lack Chapel Hill zoning because they have been within the zoning jurisdiction of Durham County. Tax records show that the two annexed parcels north of Old Durham-Chapel Hill Road are now part of a larger parcel (Tax Map Number 478-01-006), a portion of which has Chapel Hill zoning because it was already within the Town Limits.

 

The 60-day requirement means the Town Council must act to zone the properties by October 6, 2001. On September 10, 2001, the Council called this hearing (please see Attachment 1). Because this is the last regular Council meeting prior to the October 6 deadline, the Council will need to act on this item tonight.

 

DISCUSSION

 

Notices of the public hearing on the proposed zoning were mailed to owners of the annexed parcels to be zoned and owners of property within 1,000 feet of the area to be zoned (see Attachment 2). A notice was published in the Chapel Hill Herald on Friday, September 14, and Friday, September 21.

 

We propose zoning for the three properties based on our review of adjacent zoning in Chapel Hill, Chapel Hill's 2000 Comprehensive Plan and 2000 adopted Land Use Plan, on the size of existing lots, and on compatibility with uses in the surrounding areas.  Based on these criteria, we propose that the Durham County parcels be zoned Residential-1 (three dwelling units per acre).

 

Land Use Plan

 

The 2000 Land Use Map designates “mixed use, office emphasis” for the parcel farthest to the north of Old Durham-Chapel Hill Road (Durham County Tax Map Number 478-01-007). The Land Use Plan does not recommend a use for the parcel immediately north of Old Durham-Chapel Hill Road (Tax Map Number 478-01-08B), indicating that land as being “right-of-way.” Nevertheless the tax records show the property is privately owned and is currently “vacant land.” Note that these are the two parcels that are now part of a larger parcel, which totals about 100,800 square feet.

 

The parcels are at the southeastern corner of a “Development Opportunity Area” shown on the Land Use Map, reflecting a Council intent to consider proposals for the area reflecting the Town’s Comprehensive Plan objectives.

 

The Land Use Plan recommends “low residential” for the property to the south of Old Durham-Chapel Hill Road (Tax Map Number 478-03-019).

 

Size of Lot

 

The area of each of the three lots is greater than the 17,000-square-feet minimum lot size for Residential-1 zoning.

 

 

Existing Durham County Zoning

 

Durham County zoning for the three lots is Residential-20 (20,000-square-foot minimum lot area).

 

Zoning of Surrounding Area

 

Zoning the parcels Residential-1 would make the zoning consistent with the large Chapel Hill Residential-1 zoning district that abuts the area immediately to the west and south. Residential-1 is the zoning for most of the remaining mixed use/office area (which is also the Development Opportunity Area) shown on the Land Use Plan between Old Durham-Chapel Hill Road and U.S. 15/501, reflecting a Council intent to consider proposals for the area reflecting the Town’s Comprehensive Plan objectives.

 

Citizen Comments

 

The owner of two of the annexed parcels wrote the Town expressing his concerns about the proposal (see Attachment 3). Our response is included as Attachment 4.

 

Planning Board Recommendation

 

On September 18, 2001, the Planning Board unanimously voted to recommend the Council adopt the Residential-1 zoning as proposed (see Attachment 5).

 

RECOMMENDATION

 

We recommend the Council adopt the attached ordinance zoning the three newly annexed parcels Residential-1.

 

MAPS

 

1.                   Annexed Properties to be Zoned (p. 5).

 

ATTACHMENTS

 

1.                   September 10, 2001, Council memorandum (p. 6).

2.                   Certification of Mailing of Public Hearing Notices (p. 7).

3.                   September 11, 2001, letter from James P. Hood (p. 13).

4.                   Town’s response to Mr. Hood’s letter, September 19, 2001(p. 14).

5.                   Summary of Planning Board Action (p.18).

 

 

 

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS ESTABLISHING ZONING FOR NEWLY ANNEXED PARCELS (2001-09-24/O-1)

 

WHEREAS, the North Carolina General Assembly on August 8, 2001 ratified Senate Bill 657, which added three parcels to the corporate limits of Chapel Hill; and

 

WHEREAS, Chapel Hill zoning must be in place within 60 days of the effective date of annexation or the area will have no zoning regulation;

 

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 Triangle Township Tax Map 478, Block 1, Lot 8B that Durham County currently has zoned Residential-20 shall be zoned Residential-1. 

 

That the portion of the site identified as now or formerly Triangle Township Tax Map 478, Block 1, Lot 7 that that Durham County currently has zoned Residential-20 shall be zoned Residential-1.

 

That the portion of the site identified as now or formerly Triangle Township Tax Map 478, Block 3, Lot 19 that that Durham County currently has zoned Residential-20 shall be zoned Residential-1.

 

The description of this site to be zoned are indicated on Map 1.

 

SECTION II

 

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

This the 24^th day of September 2001.