AGENDA 4c

 

MEMORANDUM

 

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Report on Potential Rezoning of Colonial Heights and Pinebrook Estates

                       

DATE:             April 8, 2002

 

 

This report responds to the Town Council’s resolution on February 25, 2002, requesting the preparation of a report on the feasibility of initiating a rezoning action for the Colonial Heights neighborhood, as well as the Council’s referral on March 25, 2002, of additional petitions from residents of Colonial Heights and Pinebrook Estates.

 

The attached resolution would call a public hearing for Wednesday, October 16, 2002, to consider rezoning areas shown on the attached Map 4 from Residential-2 to Residential-1.

 

BACKGROUND

 

On February 11, 2002, residents of the Colonial Heights subdivision petitioned the Council concerning administrative approval of a minor subdivision in the neighborhood.

 

On February 25, 2002, we provided a report on the minor subdivision, and the Council adopted a resolution directing the Town Manager to study the possibilities for rezoning the Colonial Heights neighborhood to preclude future minor subdivisions in the area (please see Attachment 1).

 

We note that one of the original points of concern that initially focused attention on larger issues for these neighborhoods was a minor subdivision that was approved for a lot on Williams Circle.  In response to concerns brought to the attention of the property owner and Town staff, the property owner subsequently recorded a recombination plat, rescinding the previously approved subdivision.

 

On March 25, 2002, the Council received and referred to the Manager two additional petitions:

 

·        A request from homeowners in Pinebrook Estates to consider a change in the zoning from Residential-2 to Residential-1; and to expedite a rezoning process to the maximum extent possible (please see Attachment 2); and

 

·        A request from residents and homeowners of Colonial Heights in support of rezoning Colonial Heights from Residential-2 to Residential-1; and to expedite the rezoning process (please see Attachment 3).

 

This report responds to all of these requests.

 

DISCUSSION

 

The Council’s resolution of February 25, 2002, requested information on the potential for subdivision of one lot into two lots.

 

All land in the area covered by the petitions is currently zoned Residential-2 (R-2).  We have examined the area of Residential-2 zoning shown on Map 1, west of Airport Road, and north of Umstead Drive.  This study area includes the Colonial Heights and Pinebrook Estates neighborhoods.

 

Residential-2 (R-2) zoning is a low-density zoning district, requiring 10,000 square feet of gross land area for a single-family detached house.  The R-2 district requires 21,780 square feet of gross land area for a two-family dwelling (duplex or including an accessory apartment).  Lots created prior to January 13, 1986 may have special status and require less land area for a two-family dwelling (15,000 square feet).  Please refer to Attachment 4 for a summary of key features of the residential zoning classifications.

 

“Gross land area” of a lot may include calculation of one-half of the right-of-way frontage, among other factors, up to 10% of net land area.

 

We have examined the study area and determined that a significant number of lots in the Colonial Heights/Pinebrook Estates area have a lot size that is 20,000 square feet or more and a lot width of at least 130 feet, opening the possibility of subdividing into two lots under present zoning.  However, most of the lots in the Barclay Road area have smaller lot sizes, and therefore could not be subdivided.   Please see Map 2 for an analysis.

 

We have also mapped the lots in the study area that would conform to the minimum lot size in the requested Residential-1 (R-1) district (please see Map 3).  In the R-1 district, a single family detached house requires 17,000 square feet of gross land area; a two family unit that includes an accessory apartment requires 29,040 square feet of gross land area.  Lots created prior to January 13, 1986 may have special status and require less land area for a two-family unit that includes an accessory apartment (25,500 square feet).  Please see Attachment 4 for an additional summary of key features of this district. 

 

We believe that it is reasonable for the Council to consider rezoning the area shown on Map 4 from Residential-2 to Residential-1.  A key objective in drawing this map is minimizing the creation of nonconforming lots and features in the area that might result from a rezoning.

 

We note that the Council may also choose to consider the Residential-2A zoning district, depending on the objectives to be achieved.  The following chart summarizes key differences among selected districts.

 

Summary of Key Characteristics of Selected Zoning Districts

 

 

Min. Lot Size

Min. Lot Width

Duplex Permitted?

 R-2

       10,000

          65’

           Yes

 R-2A

       14,500

          70’                          

           Yes

 R-1                            

       17,000

          80’

            No*

*When lot was created after September 5, 1983.

 

If the Council calls a public hearing to consider Residential-1 zoning, the process could also include consideration of Residential-2A zoning for the area because this is an intermediate zone between the current Residential-2 zoning and the proposed Residential-1 zoning.  However, the resolution as drafted would not permit consideration of zones of less intensity than Residential-1.

 

PROCESS FOR REZONING

 

Section 20.2 of the Development Ordinance states that the Zoning Atlas may be initiated by:

·        The Council, on its own motion;

·        The Planning Board, Board of Adjustment, Historic District Commission, or Community Design Commission, on submittal of a request to the Council;

·        The Town Manager, on submittal of a request to the Council; or

·        Any property owner or citizen, or agent thereof, on submittal of an application to the Town Manager.

 

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 a general use or a conditional use rezoning request.  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 request 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.”

 

The Development Ordinance requires a public hearing on a rezoning request, and review by the Planning Board prior to the public hearing.  A more detailed staff report would be prepared, analyzing the proposal in terms of the findings the Council needs to make, providing a comparison of what key provisions would be allowed or prevented in each district, and proposing an effective date.

 

Protest Petitions

 

In accordance with State law, Section 20.3.9 of the Development Ordinance provides for the submittal of protest petitions, which if effective, require the favorable vote of not less than seven members of the Council.  Should the Council call a public hearing on this proposal, the hearing would be advertised and information on protest petitions provided to the public.

 

SCHEDULE

 

We propose scheduling this public hearing for October 16, 2002.  We note that because of the Council’s review of the proposed Development Ordinance, this is the earliest available public hearing date.

 

RECOMMENDATION

 

We recommend the Town Council adopt the attached resolution calling a public hearing for October 16, 2002 to consider rezoning the area of Colonial Heights and Pinebrook Estates as shown on the attached Map 4 from Residential-2 to Residential-1.  The resolution also allows for the consideration of an Residential-2A zone.

 

ATTACHMENTS

 

1.      Council Memorandum of February 25, 2002 (p. 7).

2.      Petition to Council from Homeowners of Pinebrook Estates, March 25, 2002 (p. 26).

3.      Petition to Council from Residents and Homeowners of Colonial Heights, March 25, 2002 (p. 32).

4.      Zoning Classifications – Residential Districts, Town of Chapel Hill Development Ordinance (p. 36).

 

MAPS

 

1.                  Map showing Residential-2 zone study area, including Colonial Heights, Pinebrook Estates (p. 38).

2.                  Map showing Residential-2 lots in study area that potentially could be subdivided (p. 39).

3.                  Map showing lots that conform to Residential-1 size (p. 40).

4.                  Proposed area for consideration of rezoning (p. 41).

 

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER REZONING THE COLONIAL HEIGHTS AND PINEBROOK ESTATES NEIGHBORHOODS(2002-04-08/R-3)

 

WHEREAS, residents of the Colonial Heights and Pinebrook Estates neighborhoods have petitioned the Town Council to consider rezoning their neighborhoods from Residential-2 to Residential-1; and

 

WHEREAS, Section 20.2 of the Development Ordinance allows the initiation of an amendment to the Zoning Atlas by the Council on its own motion;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing on Wednesday, October 16, 2002, at 7:00 p.m. in the Council Chamber, Town Hall, 306 North Columbia Street, to consider a Zoning Atlas Amendment for the rezoning of an area as shown on Map 4 of the memorandum to Town Council of April 8, 2002 from Residential-2 to Residential-1.

 

BE IT FURTHER RESOLVED that the Council may also consider applying the Residential-2A zoning district to the area in this process of rezoning.

 

This the 8th day of April, 2002.