Loading...
HomeMy WebLinkAboutORD-2006-023 -Proposal to Amend the Joint Planning Area Zoning Atlas for the Rusch Hollow Site on Zieger Lane JPA-CH-Z-1-061 ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL JOINT PLANNING AREA PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: May 11, 2006 Action Agenda Item No. C.1 SUBJECT: PROPOSAL TO AMEND THE JOINT PLANNING AREA ZONING ATLAS FOR THE RUSCH HOLLOW SITE ON ZIEGER LANE (JPA- CH- Z -1 -06) DEPARTMENT: Planning PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): INFORMATION CONTACT: STAFF MEMORANDUM GENE POVEROMO 968 -2728 MAP RUSCH ROAD AREA ZONING ATLAS AMENDMENT — STATEMENT OF JUSTIFICATION PURPOSE: To receive public comment on a proposal to amend the Joint Planning Area (JPA) Zoning Atlas to change the zoning of 10,431 square feet of land south of Lot 3 and Lot 4 of the Rusch Hollow: development from Residential -1 (R -1) to the Residential Special Standards Conditional (R -SS- C) zoning district. BACKGROUND: The Town of Chapel Hill has received an application for a Zoning Atlas Amendment to rezone 10,431 square feet of land south of Lot 3 and Lot 4 of the Rusch Hollow development. This site is currently located in the Residential -1 (R -1) zoning district and is identified as Chapel Hill Township Tax Map 23, Block D, part of Lot 17 (PIN 9870536626). The applicant has requested that the site be rezoned from Residential -1 (R -1) to the Residential Special Standards - Conditional (R -SS -C) zoning district. The "conditional" designation means that if the rezoning is approved, no development may occur on the property unless the Chapel Hill Town Council approves a Special Use Permit. FINANCIAL IMPACT: None 2 RECOMMENDATION(S): The Orange County and Chapel Hill Planning staffs recommend approval of the proposed zoning atlas amendment as contained in the attached analysis. Following conclusion of the Public Hearing, the matter should be referred to the Town of Chapel Hill for decision and to the Orange County Planning Board for a recommendation to the County Commissioners. PROPOSED DATES • Chapel Hill Town Council - June 19 or June 26, 2006 • Orange County Planning Board — June 7, 2006 • Board of County Commissioners — June 27, 2006 or August 22, 2006 3 MEMORANDUM To: Orange County Board of Commissioners Chapel Hill Town Council Orange County Planning Board John Link, Orange County Manager W. Calvin Horton, Chapel Hill Town Manager FROM: Orange County Planning Staff Chapel Hill Planning Staff DATE: May 11, 2006 SUBJECT: Joint Planning Area Public Hearing, 5- 11 -06: RUSCH HOLLOW ZONING ATLAS AMENDMENT - Proposed Amendment to the Joint Planning Area Zoning Atlas The purpose of this Joint Planning Area Public Hearing is to receive public comment on a proposal to amend the Joint Planning Area (JPA) Zoning Atlas to change the zoning of 10,431 square feet of land located adjacent to and south of Lot 3 in the Rusch Hollow development from Chapel Hill Residential -1 (R -1) to the Residential- Special Standards - Conditional (R -SS -C) zoning district. The subdivision is located northeast of the intersection of Rogers Road and Rusch Road. The proposal involves one property, identified as Chapel Hill Township Tax Map 23, Block D, Lot 17 (PIN No. 9870 -53- 6794). The site is located outside of Chapel Hill's Corporate Limits in the Chapel Hill Joint Planning Transition Area. Background The Residential - Special Standards - Conditional zoning district allows a residential density of up . to 12 units per acre. Introduced as a new zoning district by the Chapel Hill Town Council in 1999, the Residential - Special Standards- Conditional (R -SS -C) zoning district was established to facilitate development of affordable housing. On November 10, 2003, the Chapel Hill Town Council approved a Zoning Atlas Amendment and Special Use Permit for the Rusch Hollow neighborhood. The zoning changed from Residential -1 to Residential- Special Standards- Conditional and the Council authorized a multi- family development containing 12 single family dwelling units, a duplex and triplex. On March 14, 2006, the Town of Chapel Hill received an application from Habitat for Humanity of Orange County for a Zoning Atlas Amendment to rezone 10,431 square feet of land adjacent to and south of Lot 3 in the Rusch Hollow development, which is northeast of the intersection of Rogers Road and Rusch Road. The property is currently located within the Residential -1 (R -1) zoning district and is identified as Chapel Hill Township Tax Map 23, Block D, Lot 17. 3 4 The applicant has requested that the site be rezoned from Residential- 1(R -1) to the Residential - Special Standards - Conditional (R -SS -C) zoning district. The applicant is requesting the rezoning so that an affordable triplex may be built on the lot that is currently zoned R -SS -C. The "conditional" designation means that, if the rezoning is approved, no development may occur on the property unless the Chapel Hill Town Council approves a Special Use Permit. The Town approved a Special Use Permit in November 2003 for the Rusch Hollow development which must be amended in a separate process to include the 10,431 square feet being rezoned. If a Special Use Permit issued for a Conditional Use District is abandoned, revoked, or becomes void, the conditional use zoning also becomes void and the property reverts to its previous zoning classification. Summary of the Chapel Hill and Joint Planning Area Land Use Plans A Joint Planning Area Land Use Plan was adopted in 1986. Chapel Hill has since adopted a new Land Use Plan in May 2000 which Orange County adopted as an amendment to the 1986 Joint Planning Area Land Use Plan effective October 1, 2003. The application site is located adjacent to and south of Lot 3 in the Rusch Hollow development. The Joint Planning Area Land Use Plan as amended in this location is designated as "Low Residential ", 1 -4 units per acre. The accompanying Special Use Permit application shows a site layout for a triplex. Although the proposed rezoning allows density greater than the density envisioned by The Joint Planning Area Land Use Plan, the overall density of the Rusch Hollow development will not be greater than the 17 units approved by the County Commission and the Town Council in 2003 Zoning Atlas Amendments Zoning determines the type and intensity of uses and development that are allowed on a piece of land. A Zoning Atlas Amendment involves a change to the current zoning, and thus the permitted types and intensity of land uses. In accordance with the Town of Chapel Hill's Land Use Management Ordinance, a rezoning may be requested in two ways: general use and conditional use rezoning requests. A general use rezoning request is a proposal 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 a proposal to allow development and uses only with (1) specific limitations, and (2) the approval of a Special Use Permit. The Rusch Hollow rezoning application is a conditional use rezoning request. Consequently, if the Rusch Hollow conditional use rezoning request were to be approved, the applicant would still need to receive approval for a Special Use Permit application from the Town of Chapel Hill, prior to the proposed development actually occurring on the site. The zoning designation of a property determines the range of land uses and development intensities permitted on the property. Article 4.4 of the Town of Chapel Hill's Land Use Management 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 4 5 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. Article 4.4 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 4.4 of the Land Use Management Ordinance stipulates that: Pursuant to North Carolina General Statutes Section 160A -382, a request for rezoning to a conditional use district may be made only by application from the owner(s) of all the property included in the area proposed to be rezoned. An application for rezoning to a conditional use district may include a request by the property owner(s) 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 Section 4.5 of this Chapter, and may be reviewed concurrently with the Special Use Permit application; provided, however, that the Special Use Permit application shall be approved separately as provided in Section 4.5 of this Chapter. The Orange County Board of Commissioners and the Chapel Hill Town Council have discretionary authority to approve or deny the rezoning request. Existing Zoning The site is presently zoned Residential -1 (R -1), which is a low- density residential zoning district. The Residential -1 zoning district requires a 17,000 square feet minimum lot size and a density cap of 3 units per acre. The applicant is proposing to rezone a 10,431 square foot portion of the Residential-1 lot to Residential- Special Standards - Conditional. The rest of the lot will remain Residential -1 zoning. Proposed Amendment to the Joint Planning Area Zoning Atlas The applicant has submitted a Zoning Atlas Amendment requesting that the site be rezoned from Residential -1 (R -1) to the Residential- Special Standards - Conditional (R -SS -C) zoning district. Discussion 5 R Analysis of this application is organized around the requirement of the Land Use Management Ordinance that Article 4 of the Land Use Management Ordinance 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. A) A rezoning is justified to correct a manifest error. Staff Comment: We believe the information in the record to date can be summarized as follows: Arguments in Support: We were unable to identify any arguments in support of a manifest error. Arguments in Opposition: The adjacent properties to the south and east of this site are located within the Residential -1 zoning district. We do not believe that the current Residential -1 zoning of this site is a manifest error. B) A rezoning is justified because of changed or changing conditions in a particular area or in the jurisdiction generally. Staff Comment: We believe the information in the record thus far can be summarized as follows: Arguments in Support: The properties to the north and west contain higher density residential units on R -SS -C zoning. Arguments in Opposition: The area to the south and east of the site has retained its low density development. C) A rezoning is justified to achieve the purposes of the Comprehensive Plan. Staff Comment: We believe the information in the record thus far can be summarized as follows: Arguments in Support: Arguments in support of this finding as offered in the attached applicant's Statement of Justification can be summarized as follows: "This project will: • Add the ability to build more units on Rusch Hollow Lot 3. The units will be affordable for 99 years to households earning at or below 50% of the area median income." [Applicant's Statement] • Contribute to a mix of housing in the Rogers Road community, which is already comprised of a mix of mobile homes, recently constructed Habitat for Humanity Orange County single - family homes, a number of modest older single - family homes, and a range of more expensive single- family homes." [Applicant's Statement] n 7 • "Contribute to the revitalization of the Rogers Road community by providing attractive in -fill housing at a slightly higher density than the rest of the community." [Applicant's Statement] • "Actively recruited public housing residents as applicants, and has successfully worked with public housing residents to overcome the barriers to homeownership." [Applicant's Statement] Arguments in Opposition: No arguments in opposition have been submitted to date. Preliminary Recommendation The Planning staffs of Chapel Hill and Orange County recommend approval of the proposed amendment to the Joint Planning Area Zoning Atlas. We believe that this rezoning could be justified based on the finding that a rezoning would achieve the purposes of the Chapel Hill Comprehensive Plan. Our preliminary recommendation is that the Orange County Commissioners and Chapel Hill Town Council adopt the attached ordinance, rezoning the property from Residential -1 (R -1) to Residential - Special Standards - Conditional (R- SS -C). We note that further evidence may be submitted at the Public Hearing. 7 E:1 AN ORDINANCE AMENDING THE JOINT PLANNING AREA ZONING ATLAS WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; WHEREAS, a Joint Planning Area hearing was held on October 15, 2003, in which a rezoning of the adjacent subdivision to the north from Residential -1 to Residential Special Standards Conditional was approved; NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS AND CHAPEL HILL TOWN COUNCIL HEREBY RESOLVE THAT THE JOINT PLANNING ZONING ATLAS BE AMENDED AS FOLLOWS: That 10,431 square feet being on a portion of the site identified as now or formerly Chapel Hill Township Tax Map 23, Block D, Lot 17 (PIN No. 9870 -53 -6794) that is currently zoned Residential -1 (R -1), located adjacent to and south of Lot 3 in the Rusch Hollow subdivision, shall be rezoned Residential- Special Standards - Conditional (R -SS- C) zoning, with the following limitations on use: No development may occur on this site unless the Town Council amends the Special Use Permit authorizing the Rusch Hollow development to include the rezoned portion. The description of the area to be rezoned is indicated on the attached map. This ordinance shall become effective upon adoption by the governing bodies of Orange County and the Town of Chapel Hill. :3 E A RESOLUTION TO DENY AN APPLICATION TO AMEND THE JOINT PLANNING AREA ZONING ATLAS WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS AND CHAPEL HILL TOWN COUNCIL HEREBY RESOLVE TO DENY THIS APPLICATION TO AMEND THE JOINT PLANNING ZONING ATLAS. 01 C. PUBLIC HEARING ITEM 1. Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment C , / Request by Habitat for Humanity of Orange County to rezone 10,431 square feet of property on the east of Rogers Road and south of Zieger Lane from Residential -1 (R -1) to Residential - Special Standards - Conditional (R -SS -C) to accommodate a planned triplex. J.B. Culpepper, Planning Director for the Town of Chapel Hill, said that this is a JPA public hearing to consider rezoning, and the request is to change the zoning from Residential 1 to Residential - Special Standards - Conditional. The proposal involves a % acre of land that is just under 11,000 sq ft. The zoning will allow Habitat for Humanity of Orange County to expand the Rusch Hollow development. The project is located on the east side of Rogers Road. She pointed out the aerial map on page 11 of the abstract. Planning Director Craig Benedict said that this property is just west of the Greene Tract within the transition area of Chapel Hill. Commissioner Carey asked about the size of the new lot that is created and it was answered 15,500 square feet. Susan Levy from Habitat for Humanity showed a map of the existing development. She said that the County approved the initial rezoning in 2003 of 12 single - family homes that are now completed. There were two lots reserved for rentals. They received bond funds for these and they were made into a duplex and a triplex. She said that when they swapped lots in the process, it turned out to be too small, even for a single - family home. In the meantime they were able to acquire this property when it was auctioned by the County. She said that all this is doing is giving them more room to build the triplex. She showed some powerpoint pictures of Rusch Hollow. She said that a number of religious organizations, businesses, academic organizations, and community organizations were involved in creating Rusch Hollow. When all of the houses are built the investments will total $1.7 million. Local government has contributed about $500,000 of that. This request is located in the Chapel Hill Joint Planning Transition Area and requires the approval of the Chapel Hill Town Council and Orange County Commissioners. No Public Comment Craig Benedict said that Planning staff has reviewed this and recommends that it be referred back to the Chapel Hill Town Council and the Orange County Planning Board. He said that they will try to expedite this as quickly as possible. Bill Strom asked Susan Levy about the timeline and she said that it is not critical to finish this before the summer break. A motion was made by Cam Hill, seconded by Jim Ward to approve referring this item back to the Chapel Hill staff. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Gordon to refer this item to the Orange County Planning Board who will then bring back a recommendation to Board of County Commissioners. VOTE: UNANIMOUS D. ADJOURNMENT A motion was made by Commissioner Carey, seconded by Cam Hill to adjourn the meeting at 7:50 p.m. VOTE: UNANIMOUS