AGENDA
#14
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
DATE: November 11, 2002
The attached Ordinance A would
rezone the parcel at the northern intersection of South Columbia Street and Old
Pittsboro Road from its current zoning designation of Office/Institutional-3
(OI-3) to Residential-2 (R-2).
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.
We recommend that the Council enact Ordinance A,
approving the proposed Zoning Atlas Amendment. We believe that the proposed
rezoning is consistent with the Land Use Plan designation for this parcel of
Low Residential (1-4 units/acre).
KEY ISSUE
A Council member asked if
rezoning the parcel to Residential-1 (R-1) instead of Residential-2 (R-2) had
been considered.
We believe that R-2 is the most
appropriate zoning designation for this site because the parcel is surrounded
on three sides by R-2 zoning. If the parcel were zoned R-1, it would be the
only parcel zoned R-1 in the area. We also note that the citizen petition that
initiated the proposed rezoning requested the parcel be designated R-2.
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 parcel’s Low Residential land use
designation, and more accurately reflects the intent of the Land Use Plan.
Planning Board Recommendation:
At its October 15, 2002 meeting, the Planning Board voted unanimously to
recommend that the Council enact Ordinance A, rezoning the proposed parcel from
Office/Institutional-3 (OI-3) to Residential-2 (R-2) (see Attachment 2).
Manager’s Recommendation: We recommend that the
Council enact Ordinance A, rezoning the proposed parcel from
Office/Institutional-3 (OI-3) to Residential-2 (R-2).
ATTACHMENTS
1.
October 16, 2002 Memorandum to Mayor and Town Council
(p. 6).
2. Planning Board Summary of Action (p. 19).
ORDINANCE A
(Manager’s Recommendation)
AN ORDINANCE AMENDING THE
CHAPEL HILL ZONING ATLAS FOR THE PARCEL AT THE NORTHERN INTERSECTION OF SOUTH
COLUMBIA STREET AND OLD PITTSBORO ROAD (2002-11-11/O-12)
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-2 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 Chapel Hill Township Tax Map number 7.88.H.1, and that is currently
zoned Office/Institutional-3, shall be rezoned to Residential-2 zoning.
The description of the portions of this site to be
rezoned are indicated on Map A, presented to the Town Council on November 11, 2002, and incorporated herein by reference..
SECTION II
That all ordinances and portions
of ordinances in conflict herewith are hereby repealed.
This the 11th day of November,
2002.
RESOLUTION
(Denying
R-2 Rezoning)
A RESOLUTION DENYING AN
APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE PARCEL AT THE NORTHERN
INTERSECTION OF SOUTH COLUMBIA STREET AND OLD PITTSBORO
ROAD (2002-11-11/R-13)
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-2 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 petition to amend the Zoning
Atlas for the described area to Residential-2 zoning. The description of the
entire property is identified as Chapel Hill Township Tax Map number 7.88.H.1.
This the 11th day of November, 2002.