AGENDA #12a(2)

 

MEMORANDUM

 

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Process for Development of a Neighborhood Conservation District for the Northside Neighborhood

 

DATE:             April 14, 2003

 

 

The purpose of this memorandum is to: (1) respond to a petition from Ms. Delores Bailey submitted to the Council on March 24, 2003, and supplemental information submitted [see Agenda item 12a(1)]; and (2) update the Council on the process for developing a Neighborhood Conservation District for the Northside neighborhood.

 

The attached resolution would authorize the formation of a Northside Neighborhood Conservation District Committee, adopt a charge for the Committee, and establish the boundaries of the study area.

 

BACKGROUND

 

The new Land Use Management Ordinance includes provisions for creation of overlay zoning districts for older neighborhoods. The first such neighborhood to come forward requesting use of this new tool has been the Northside neighborhood.

 

On February 24, 2003, the Council adopted goals for 2003 based on the Council’s January 17 planning session discussions.  Developing a Northside Neighborhood Conservation District was identified as one of the Council’s highest priorities. The adopted goals included the following schedule for developing a Neighborhood Conservation District for the Northside neighborhood:

 

·        Council Consider Resolution Initiating Study, February 24, 2003

·        Project Start: First Quarter, 2003

·        Target Completion Date: Fourth Quarter, 2003

 

At that time, the Council adopted a resolution to initiate a process of developing a neighborhood conservation district for the Northside neighborhood (please see Attachment 1). 

 

DISCUSSION

 

Neighborhood Conservation District

 

The Land Use Management Ordinance adopted by the Council on January 27, 2003, includes a provision for creating Neighborhood Conservation Districts. The purpose of creating a Neighborhood Conservation District is to preserve and protect unique and distinctive older in-town residential neighborhoods or commercial districts which contribute significantly to the overall character and identity of the Town. 

 

As stated in the Land Use Management Ordinance, a Neighborhood Conservation District will have a separate ordinance to designate the district. The ordinance would identify the designated district boundaries, and specify the individual purposes and standards for that district.   The districts are designed as overlays to the regular zoning districts.

 

To be designated a Neighborhood Conservation District, the area must meet the following criteria:

 

(1)    The area must contain a minimum of one block face (all the lots on one side of a block);

(2)    The area must have been platted or developed at least 25 years ago;

(3)    At least 75% of the land area in the proposed district is presently improved; and

(4)    The area must possess one or more of the following distinctive features that create a cohesive identifiable setting, character or association;

a.       scale, size, type of construction, or distinctive building materials;

b.      lot layouts, setbacks, street layouts, alleys or sidewalks;

c.       special natural or streetscape characteristics, such as creek beds, parks, gardens or street landscaping;

d.      land use patters, including mixed or unique uses or activities; or

e.       abuts or links designated historic landmarks and/or districts.

(5)    The area must be predominantly residential in use and character.

 

According to the Land Use Management Ordinance, a proposal for designation as a Neighborhood Conservation District may be initiated in one of three ways:

 

  1. At the direction of the Town Council, or
  2. At the request of owners representing 51% of the land area within the proposed district, or
  3. At the request of 51% of property owners in a proposed district.

 

In this case, the Council has initiated the process by adopting a resolution on February 24, 2003.

 

Once the neighborhood has been designated, the Land Use Management Ordinance states that the Planning Board will develop a neighborhood conservation plan for the district.  The Ordinance also states that property owners will have the opportunity to participate in the drafting of the plan.  Once drafted, the plan will be approved as part of a Zoning Atlas Amendment creating a Neighborhood Conservation District.

 

Process

 

The Northside neighborhood meets the criteria for designation as a Neighborhood Conservation District.  The Council has initiated the process for designating the Northside neighborhood a Neighborhood Conservation District.  The next step is to develop a neighborhood conservation plan with the participation of residents and property owners from the neighborhood. Though the ordinance states that the Planning Board will develop the plan, in this case the neighborhood has petitioned the Council for a more inclusive process.  Members of the Sykes Street Steering Committee developed the recommended list of Neighborhood Conservation District Committee members.  The Council could use this list to make appointments tonight.  To allow all interested citizens to apply to serve on this Committee, applications for serving on the Committee will also be accepted by the Town Clerk’s Office until May 31.   The Council could choose to open the process to other nominations and invite citizens to apply for a position on the Committee, and could appoint Committee members at a later date.   We recommend that the size of the Committee be limited to twenty-two members. 

 

If the Council at a later date decides to appoint additional members to this Committee, it could do so and those new members would join the work in progress. 

 

Once the Council establishes a Committee, the Planning Department would provide staff support.  We propose scheduling an organizational meeting with the Committee members to begin the process of developing regulations for the Neighborhood Conservation District.  We note that the Committee would be considered an open body; meetings and any subcommittee meetings would be open and subject to the notice requirements of the Open Meetings law.  

 

Charge to Committee

 

We recommend that the Council charge the Committee with developing a draft Neighborhood Conservation District proposal for the Northside Neighborhood in accordance with the provisions of the Land Use Management Ordinance for consideration by the Council. 

 

Schedule

 

We recommend that the Committee develop its recommendation to the Council by September 2003 in order to permit holding a public hearing in the fall and completing the project by December 2003.   In addition, the Committee may wish to present its comments and recommendations regarding the development of duplexes in the Northside neighborhood.  There would be an opportunity for the Committee members to review a proposal prior to the public hearing on May 19, 2003. 

 

RECOMMENDATION

 

We recommend that the Council adopt the attached resolution that would appoint a Committee, charge the Committee with developing a Neighborhood Conservation District proposal for the Northside Neighborhood in accordance with the Land Use Management Ordinance, and establish the boundary for the District.  We also recommend that the Committee develop its recommendation to the Council by September 2003.  

 

ATTACHMENTS

 

1.                  Resolution 2003-02-24/R-11c (p. 7).

2.                  Map of Proposed Boundaries (p. 8).

A RESOLUTION ESTABLISHING THE NORTHISDE  NEIGHBORHOOD CONSER-VATION DISTRICT COMMITTEE (2003-04-14/R-14)

 

WHEREAS, the Town’s new Land Use Management Ordinance includes provisions for creation of overlay zoning districts for older neighborhoods in order:

 

·       to promote and provide for economic revitalization and/or enhancement;

·       to protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor;

·       to protect and enhance the livability of the Town;

·       to reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development;

·        to stabilize property values;

·       to provide residents and property owners with a planning bargaining tool for future development;

·       to promote and retain affordable housing;

·       to encourage and strengthen civic pride; and

·        to encourage the harmonious, orderly and efficient growth and redevelopment of the Town; and

 

WHEREAS, on March 24, 2003, the Council adopted a resolution to establish the composition of a Northside Neighborhood Conservation District Committee;

 

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill appoints the following members to theNorthside Neighborhood Conservation District Committee:

 

Northside Neighborhood Association

·        Ed Caldwell                                   

·        R.D. Smith

 

 Northside Neighborhood Watch

·        Helen Galbreth

·        Estellle Mabry

 

Sykes Street Steering Committee

·        Delores Bailey

·        Tom Tucker

 

Investors

·        Mark Patmore

·        To be determined

 

 

 

Northside Residents

·        Jeff Caiola

·        Jane Farrar

·        Esphur Foster

·        Mae McClendon

·        Velma Perry

·        Sydalg Severe

 

At Large Members

·        Josh Gurlitz

·        To be determined

 

BE IT FURTHER RESOLVED that the Committee will also consist of a representative from the University, and two representatives from the Planning Board. 

 

 

BE IT FURTHER RESOLVED that the Council charges the Committee with developing a Neighborhood Conservation District proposal using the geographic area shown in Attachment 2 in accordance with the provisions of the Town’s Land Use Management Ordinance by September 2003, for consideration by the Town Council and the Planning Board.

 

BE IT FURTHER RESOLVED that the application process will be open to all residents and property owners of the Northside neighborhood.

 

BE IT FURTHER RESOLVED that the size of the Committee will be limited to twenty-two members. 

 

This the 14th day of April, 2003.

 

ATTACHMENT 1

 

A RESOLUTION initiating the process of developing a neighborhood conservation district for the Northside neighborhood (2003-02-24/R-11c)

 

WHEREAS, the Comprehensive Plan has a goal of protecting the physical and social fabric of Chapel Hill’s neighborhoods; and

 

WHEREAS, the Comprehensive Plan called for selecting the Northside neighborhood for a residential small area planning process and called for developing local design guidelines as part of the planning process; and

 

WHEREAS, the Town’s new Land Use Management Ordinance includes provisions for creation of overlay zoning districts for older neighborhoods and several neighborhoods in order:

 

·        to promote and provide for economic revitalization and/or enhancement

·        to protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor;

·        to protect and enhance the livability of the Town;

·        to reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development; and,

·         to stabilize property values;

·        to provide residents and property owners with a planning bargaining tool for future development;

·        to promote and retain affordable housing;

·        to encourage and strengthen civic pride; and

·         to encourage the harmonious, orderly and efficient growth and redevelopment of the Town.

 

WHEREAS, the Northside neighborhood representatives have requested that the Council consider initiating a neighborhood conservation district planning process for their neighborhood;

                                                                                                        

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to initiate the process of designating Northside as a Neighborhood Conservation District in accordance with Section 3.6.5 of the Land Use Management Ordinance.

                                                                       

This the 24th day of February, 2003.