AGENDA #1a
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Chapel Hill Bible Church - Application for Zoning Atlas Amendment (File No. 26..46)
DATE: September 14, 1998
INTRODUCTION
Attached for your consideration is an application for a Zoning Atlas Amendment to rezone approximately 31.5 acres of land located at the southeast corner of Erwin Road and Sage Road, from Residential-2 (R-2) to Residential-3-Conditional (R-3-C) zoning. The area proposed to be rezoned is identified as Chapel Hill Township Tax Map 26, Lots 18 and 46.
Along with the Zoning Atlas Amendment application, the developer has submitted an application for a Special Use Permit to allow construction of a Place of Worship on this site (please see the accompanying memorandum). The conditional use rezoning request would allow higher land use intensity than the current zoning allows.
We note that this site is primarily located outside the Town of Chapel Hill corporate limits. We encourage the applicant to consider petitioning the Council for annexation of this property.
PROCESS
The Development Ordinance requires the Town Manager to conduct an evaluation of this Zoning Atlas Amendment application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Article 20 of the Development Ordinance; we have presented a report to the Planning Board; and tonight we submit our report and recommendation to the Town Council as required.
We believe that a reasonable argument could be made for the rezoning, based on the premises that Places of Worship are a permitted use within both the Residential-2 and Residential-3 zoning districts, and that the properties immediately west and south of this site are located within higher intensity zoning districts. Ordinance A would rezone the site from Residential-2 to Residential-3-Conditional.
We believe that the Council could also reasonably decide not to rezone the site and leave the Residential-2 zoning in place, allowing development of the site under the currently permitted land use intensities. Resolution A would deny the rezoning request.
Zoning ATLAS AMENDMENTS
Zoning determines the type and intensity of uses and development which are allowable on a piece of land. A rezoning involves a change in the zoning of the land. In Chapel Hill, a rezoning may be requested in two ways: general use and conditional use rezoning. 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 application is a conditional use rezoning request.
The zoning designation of a property determines the range of land use and development intensities permitted on the property. Article 20 of the Development Ordinance establishes the intent of Zoning Atlas Amendments by stating that, "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:
Article 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.
As related to conditional use zoning, Article 20 of the Development Ordinance stipulates that:
An application for rezoning to a conditional use district may include a request, by the property owner, to limit the uses allowed with approval of a Special Use Permit. An application for rezoning to a conditional use district may be accompanied by an application for a Special Use Permit, as provided in Article 18, and may be reviewed concurrently with the Special Use Permit application.
The Council has discretionary authority to approve or deny a rezoning request. As a conditional use rezoning request, the specific proposal in the accompanying Special Use Permit application is related to the rezoning request. Approval of a conditional use rezoning for a property would mean that no development could occur on that property, other than that allowed under the previous Residential-2 zoning, without Council approval of a Special Use Permit. We believe it is appropriate for the Council to consider a specific Special Use Permit proposal on that application, in tandem with a Conditional Use Zoning hearing. If the Council does not find the Special Use Permit proposal to be an acceptable use of the property, we recommend that the Council not approve the rezoning request.
We note that a Place of Worship is a permitted use in all of the Town’s zoning districts. The applicant is requesting a Zoning Atlas Amendment to Residential-3-Conditional in order to be permitted to develop at an intensity greater than that allowed in the Residential-2 zoning district. We further note that the applicant has not suggested limitation on uses for this property.
Please see the applicant’s Rezoning Application Statement of Justification for an explanation of the justification for this rezoning request.
Evaluation
Applicant’s Statement of Justification: The applicant suggests that rezoning this property is warranted to help achieve the purposes of the Comprehensive Plan. Specifically, the applicant notes that:
"In the past four years, the Town Council has approved plans for the development of two churches in the immediate vicinity of this site. Like the Chapel Hill Bible Church, both of those churches are developed on property identified as medium density residential in the Adopted Land Use Plan. Both of these churches are located on property zoned completely or in part R-4, a medium-density residential classification.
"The Chapel Hill Bible Church believes that the development of its property in the R-3-C District would achieve the purposes of the Comprehensive Plan by allowing an existing congregation to relocate from its current facilities. Further, it would permit the future expansion of its facilities in a staged and economically feasible way at an appropriate location."
Staff Response: We believe that a reasonable argument can be made that this proposed rezoning is justified according to the Goals and Objectives of the Comprehensive Plan. Specifically, we believe that the proposal meets the Community Facilities goal, which is, "Community facilities and services which meet the physical, social, and cultural needs of the population and which are available to all residents."
Additionally, we believe that the proposed Residential-3-Conditional zoning for this property would be appropriate, given the higher-intensity developments immediately west and south of this site. However, we also believe that the current Residential-2 zoning could reasonably be retained, given the single-family developments immediately north and northeast of this site.
On balance, our preliminary recommendation is that this site be rezoned to Residential-3-Conditional zoning, and that the accompanying proposal for development of a Place of Worship be approved.
RecommendationS
Planning Board Recommendation: The Planning Board reviewed this application on July 7, 1998 and voted unanimously (9-0) to recommend that the Council adopt Ordinance A, rezoning the property to Residential-3-Conditional.
Transportation Board Recommendation: The Transportation Board reviewed this application on July 7, 1998 and voted unanimously (6-0) to recommend that the Council adopt Ordinance A, rezoning the property to Residential-3-Conditional.
Manager’s Preliminary Recommendation: That the Council adopt Ordinance A, rezoning the property to Residential-3-Conditional (R-3-C).
Attachments:
Ordinance A, with attached map (p. 5)
Resolution B (p. 7)
Notice of Certification (p. 8)
Summary of Planning Board Action (p. 9)
Summary of Transportation Board Action (p. 10)
Rezoning Application Statement of Justification (p. 11)
Area Map (p. 15)
ORDINANCE A
(Rezone to R-3-C)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE CHAPEL HILL BIBLE CHURCH (7.26..18 and 46)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of the John R. McAdams Company on behalf of the Chapel Hill Bible Church, to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-3-Conditional Use Zoning, and finds that the amendment is warranted because it achieves 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 property identified as now or formerly Chapel Hill Township Tax Map 26, Lot 18, located on the east side of Erwin Road between Sage Road and Englewood Drive, within the Residential-2 zoning district, be rezoned from Residential-2 to Residential-3-Conditional. The legal description of the entire property shall be as indicated on the Final Plat for Recombination of Property for Eastowne Associates, recorded in Deed Book 60, Page 79. Please refer to the attached map.
That the property identified as now or formerly Chapel Hill Township Tax Map 26, Lot 46, located at the northeast corner of the Erwin Road/Sage Road intersection, within the Residential-2 zoning district, be rezoned from Residential-2 to Residential-3-Conditional. The legal description of the entire property shall be as indicated on the Final Plat for Minor Subdivision of Property for Chapel Hill Bible Church, recorded in Deed Book 61, Page 88. Please refer to the attached map.
Section II
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the ______ day of ______, 1998.
RESOLUTION B
(Denying R-3-C Rezoning)
A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE CHAPEL HILL BIBLE CHURCH (7.26..18 and 46)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of the John R. McAdams Company on behalf of the Chapel Hill Bible Church, to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-3-Conditional Use 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 application of the John R. McAdams Company on behalf of the Chapel Hill Bible Church, to amend the Zoning Atlas to rezone the properties identified as Chapel Hill Township Tax Map 26, Lots 18 and 46, located at the northeast corner of the Erwin Road/Sage Road intersection, within the Residential-2 zoning district, from Residential-2 to Residential-3-Conditional.
This the ____ day of __________, 1998.