AGENDA #11
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Follow-up Report: Proposed Rezoning of Colonial Heights and Pinebrook Estates Areas
DATE: November 11, 2002
The attached Ordinance A would rezone the Colonial Heights and Pinebrook Estates areas from the current Residential-2 (R-2) zoning designation to Residential-1 (R-1).
Alternatively, Ordinance B would rezone the Colonial Heights and Pinebrook Estates areas from Residential-2 (R-2) to Residential-2A (R-2A).
SUMMARY
The Council held a public hearing on October 16, 2002 and received citizen, Planning Board, and Council comments (see memorandum, Attachment 1). The Council referred comments received at the forum to the Manager for consideration in developing a follow-up report and recommendation. All comments were reviewed and considered in developing this follow-up report.
We recommend that the Council enact Ordinance A, approving the proposed Zoning Atlas Amendment. We believe that the proposed rezoning is consistent with the Comprehensive Plan and the Land Use Plan.
KEY ISSUES
We believe that the key issues raised during the October 16, 2002 public hearing are related to nonconforming lots, uses, and features. These issues, with staff comments, are summarized below. Correspondence received since the public hearing is included as Attachment 2.
Nonconforming Lots: Council members requested information related to nonconforming lots that may be created as a result of the proposed rezoning.
Comment: Generally, the term “nonconforming” refers to lots, uses, or features that complied with regulations at the time the use or structure began, but which do not meet current regulations. In the case of the proposed rezoning of the Colonial Heights area, we have noted that several nonconforming lots would be created. Since R-1 regulations require a minimum lot size of 17,000 square feet, existing lots less than 17,000 square feet would be considered nonconforming, if the area is rezoned to R-1. We estimate that 35 lots in the proposed rezoning area would become nonconforming if the neighborhood is R-1. Of these, one is currently undeveloped. If the Council were to rezone the area to R-2A (minimum lot size of 14,500 square feet), approximately 13 lots would become nonconforming.
We do not believe that the proposed rezoning would create any nonconforming uses or a significant number of nonconforming features.
Mortgage Information for Nonconforming Lots: Council members asked for information related to how nonconforming lots, uses, and features are treated in the mortgage application process.
Comment: After discussing this issue with banking professionals, we have concluded that it is possible to obtain financing for a property with a nonconforming lot, use or feature, but that each situation is different. The impact of nonconforming status varies with each lot, as each lot has a unique set of conditions that are addressed individually in the financing process.
DEVELOPMENT ORDINANCE CHANGES: DUPLEXES
On October 21, 2002, the Town Council amended the Development Ordinance to temporarily prohibit the new construction of two-family duplex dwelling units in R-1, R-2, R-2A, and R-3 zones. These changes are effective until June 30, 2003.
RECOMMENDATIONS
As noted in the October 16, 2002 memorandum (Attachment 1), 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. We believe that the proposed rezoning from the current zoning of Office/Institutional-3 to Residential-2 is consistent with the Comprehensive Plan and Land Use Plan.
Planning Board Recommendation: At its October 15, 2002 meeting, the Planning Board voted 7-1 to recommend that the Council enact Ordinance A, rezoning the Colonial Heights area from Residential-2 to Residential-1 (see Attachment 3).
Manager’s Recommendation: We recommend that the Council enact Ordinance A, rezoning the Colonial Heights area from Residential-2 to Residential-1.
ATTACHMENTS
1. October 16, 2002 Memorandum to Mayor and Town Council (p. 10).
2. Correspondence (p. 45).
3. Planning Board Summary of Action (p. 48).
MAPS
A. Ordinance A, Colonial Heights-Pinebrook Estates Area, Rezoning to R-1.
B. Ordinance B, Colonial Heights-Pinebrook Estates Area, Rezoning to R-2A.
ORDINANCE A
(Manager’s Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE COLONIAL HEIGHTS AREA (2002-11-11/O-10a)
WHEREAS, the Council of the Town of Chapel Hill has considered the petition to amend the Zoning Atlas to rezone property described below to Residential-1 zoning, 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:
SECTION I
That the portion of the site identified as now or formerly by the following Chapel Hill Township Tax Map numbers, including intervening and abutting public right-of-way:
Chapel Hill Township, Orange County Tax Map 30, Lot 8B (portion of)
Chapel Hill Township, Orange County Tax Map 31,
Block A: All Lots within Block A; specifically Lots 1, 2, 3, 4
Block B: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16A
Block C: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Block D: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 9A, 10, 11, 12, 13, 14
Block E: All Lots; specifically Lots 3, 4, 5, 6, 7, 8, 9, 10
Block F: All Lots; specifically Lots 1, 2, 3, 4, 5
Block G: All Lots; specifically Lots 1, 2, 3, 4, 5, 6
Block H: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13
Chapel Hill Township, Orange County Tax Map 32,
Block D: Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19
Block E: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14
Block F: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10A, 11, 12, 13, 14, 15, 16
Block G: Lots 1, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 28A
Chapel Hill Township, Orange County Tax Map 33,
Block A: All Lots within Block A; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Block B: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12
Block C: All Lots; specifically Lots 1, 2, 3, 4, 5, 6
Block D: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 7A, 8, 9, 10, 11
Block F: All Lots; specifically Lots 1, 2, 2A, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20
Block G: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13
Block H: All Lots; specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16
and that are currently zoned Residential-2, shall be rezoned to Residential-1 zoning.
The description of the portions of this site to be rezoned are indicated on Map A, attached to the Manager’s memorandum dated November 11, 2002.
SECTION II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 11th day of November, 2002.
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