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JOINT PLANNING AREA PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: April 26, 2007
Action Agenda
Item No. C.1
SUBJECT: Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment -
Homestead Twin Towns (JPA-CH-Z-1-07)
DEPARTMENT: Planning PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Joint Staff Memorandum Judy Johnson 968-2728
2. Applicant's Statement of Justification
3. Map
PURPOSE: To receive public comment on a proposal to amend the Joint Planning Area (JPA)
Zoning Atlas to change the zoning of 21.5 acres of land at the southwest corner of Homestead
Road and Seawell School Road from Residential-2 (R-2) to Residential-4 Conditional (R-4-C).
BACKGROUND: The Town of Chapel Hill has received an application from Capkov Ventures,
Inc. to rezone 21.5 acres of land located at the southwest corner of Homestead Road and
Seawell School Road in the Chapel Hill Joint Planning Transition Area. The site is identified as
being all or a portion of Orange County Parcel Identifier Numbers 9870-71-3194, 9870-70-1770,
9870-61-8593, and 9870-61-8194.
The applicant has requested that the site be rezoned from R-2 to the R-4-C zoning district. The
existing R-2 zoning allows a maximum density of approximately four units per acre or 86 units
and 66,864 square feet of floor area. The Joint Planning Land Use Plan, as amended,
designates this area as "Low Residential" (one-to-four units per acre). The applicant proposes
72 units (approximately 3.3 units per acre) for the site, which meets R-2 density requirements,
but proposed floor area exceeds R-2 limitations. 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 Homestead Twin Towns rezoning application is a conditional use rezoning request.
Consequently, if the request is approved, the applicant will still need to receive approval for a
Special Use Permit application from the Town of Chapel Hill consistent with the conditional
rezoning (which can limit total units and density), prior to the proposed development actually
occurring on the site.
FINANCIAL IMPACT: None
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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 - May 21, 2007
• Orange County Planning Board — June 6, 2007
• Board of County Commissioners June 26, 2007
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To: Orange County Board of Commissioners
Chapel Hill Town Council
Orange County Planning Board
Laura Blackmon, Orange County Manager
Roger L. Stancil, Chapel Hill Town Manager
FROM: Orange County Planning Staff
Chapel Hill Planning Staff
DATE: April 26, 2007
SUBJECT: Joint Planning Area Public Hearing, 04- 26 -07: HOMESTEAD TWIN
TOWNS ZONING ATLAS AMENDMENT - Proposed Amendment to the Joint Planning
Area Zoning Atlas
A request has been submitted to the Town of Chapel Hill for a Zoning Atlas Amendment for a 21.5
acre site located at the southwest corner of Homestead Road and Seawell School Road. The site is
located in the Residential -2 (R -2) zoning district with a portion in the Resource Conservation
District. The applicant is proposing to rezone the site to Residential -4- Conditional (R -4 -C).
The site is identified as being all or a portion of Orange County Parcel Identifier , Numb ers
9870618194, 9870618593, 9870701770, and 9870713194 and is located in Orange County, outside
the Town Limits of Chapel Hill.
Background
On April 4, 2006, the Town of Chapel Hill received an application for a Zoning Atlas Amendment to
rezone 21.5 acres of land on the southwest corner of the intersection of Homestead Road and
Seawell School Road. The property is currently located within the Residential -2 (R -2) zoning
district and is identified as, being all or a portion of Orange County Parcel Property Identifier
Numbers 9870618194, 9870618593, 9870701770, and 9870713194. Accompanying the Zoning
Atlas Amendment was a Special Use Permit application.
The applicant has requested that the site be rezoned from Residential -2 (R -2) to the Residential -4-
Conditional (R -4 -C) zoning district. The existing Residential -2 zoning district allows a maximum
density of 86 units and 66,864 square feet of floor area. The accompanying Special Use Permit
application proposed 72 units meets the density requirements for the existing Residential -2 (R -2)
zoning district. The proposed Special Use Permit does not meet the Residential -2 floor area
limitations.
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. A Public Hearing
by the Town of Chapel Hill was held on April 16, 2007 for this application.
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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 at the southwest corner of the intersection of Homestead Road and
Seawell School Road. The Joint Planning Area Land Use Plan, as amended, in this location is
designated as "Low Residential ", 1 -4 units per acre. The Residential -4- Conditional zoning district
allows a residential density of up to 10 units per acre. The accompanying Special Use Permit
application received on April 4, 2006, calls for a density of approximately 3.3 units per acre.
Zoning Atlas Amendments
The zoning designation of a property determines the range of land uses and development intensities
permitted on the property. 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 Homestead Twin Towns rezoning application is a conditional
use rezoning request. Consequently, if the Homestead Twin Towns 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. If a Special Use Permit issued for a Conditional Use District is abandoned, revoked, or
void, the conditions use zoning also becomes void and the property reverts back to the previous
zoning district.
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 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."
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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.
EXistinL Zoning
The site is presently zoned Residential -2 (R -2), which is a low density residential zoning district.
The Residential -2 zoning district requires a 10,000 square foot minimum lot size, establishes a floor
area ratio of 0.093, and establishes a density cap not to exceed 4 units per acre.
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 -2 (R -2) to the Residential -4- Conditional (R -4 -C) zoning district. The Residential -4-
Conditional zoning district requires a 5,500 square foot minimum lot size, establishes a floor area
ratio of 0.230, and establishes a density cap not to exceed 10 units per acre.
Discussion
Analysis of this application is organized around the requirement of the Land Use Management
Ordinance that Article 4 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.
Arguments in Opposition: We were unable to identify any arguments in opposition.
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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: Arguments in support of this finding as offered in the attached applicant's
Statement of Justification can be summarized as follows:
"Since the current zoning was established:
1. The Chapel Hill Carrboro School System has added both an elementary school and a middle
school to land adjoining Chapel Hill High School... within walking distance to the site.
[Applicant's Statement]
2. The Town has built Homestead Park within 1 '/2 miles of the proposed "Homestead Twins"
community. [Applicant's Statement]
3. The Town has approved plans and allocated funding for a new aquatic center on Homestead
Road that will have both indoor and outdoor public swimming facilities. [Applicant's
Statement]
4. Orange County has built the Southern Human Services Center off Homestead Road housing
a multitude of social services. [Applicant's Statement]
5. The new "Senior Center" is under construction on Homestead Road providing services to our
senior population. [Applicant's Statement]
6. The Town of Carrboro is planning their next fire station on Homestead Road less than one
mile from the proposed "Homestead Twins" site. [Applicant's Statement]
7. A dense Traditional Neighborhood Development (TND) has been approved on Homestead
. Road and is now under construction. [Applicant's Statement]
8 Homestead Road has been identified by Town leaders in Carrboro as a possible area for a
commercial development zone in an effort to increase their municipal tax base."
[Applicant's Statement]
Arguments in Opposition: Except for the area zoned Residential -5- Conditional immediately to the
south of the project, other nearby properties are in the Residential -1 and -2 zoning districts.
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:
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• "The project will further the goals of the comprehensive plan by reducing automotive traffic,
encouraging walking and biking, and directing new the development of housing to areas where
the infrastructure already exists." [Applicant's Statement]
• The project is within easy walking distance of an elementary, middle, and high school and near
public parks, Carolina North, and the County's Senior Center. [Applicant's Statement]
• The project will dedicate 20% of its homes to the Orange County Community Housing and Land
Trust for affordable housing. [Applicant's Statement]
• "All development has been concentrated on roughly %2 of the site, leaving a stream, 300 feet of
stream buffer and open space untouched by development." [Applicant's Statement]
• 64% of the gross land area on the site is open space or recreation space. [Applicant's Statement]
• Two existing homes on the site will be moved and recycled instead of demolished. [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 -2 (R -2) to
Residential -4- Conditional (R -4 -C). We note that farther evidence may be submitted at the Public
Hearing.
Attachments
1. Ordinance
2. Applicant's Statement of Justification
3. Map
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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;
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 21.5 acres of the site identified now or formerly as being all or a portion of Orange
County. Parcel Identifier Numbers 9870713194, part of 9870701770, part of 9870618593,
and 9870618194 that is currently zoned Residential -2 (R -2), located at the southwest
corner of the intersection of Homestead Road and Seawell School Road, shall be rezoned
Residential -4- Conditional (R -4 -C) zoning, with the following limitations on use: No
development may occur on this site unless the Town Council approves a Special Use
Permit pursuant to Section 4.5 of the Land use Management Ordinance..
The description of the area to be rezoned is indicated on the attached map including
extension of new zone to the center line of the public streets.
This ordinance shall become effective upon adoption by the governing bodies of Orange County
and the Town of Chapel Hill.
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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.
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Statement of Justification
Homestead Twins Conditional Rezoning
A zoning map amendment is justified to accommodate the proposed "Homestead Twins"
community because of
A) Changing conditions at or around the intersection of Homestead Road and Seawell
School Road where the community is to be located, and:
B) to more fully achieve the purpose of the comprehensive plan.
In addition, the proposed zoning amendment will help promote public health, safety or
general welfare of the community in conformance with the Comprehensive Plan.
The request for a zoning atlas amendment has been submitted as a conditional rezoning. The
approval of the request would authorize the development of the 72 home community of
"Homestead Twins ", the plans of which have been formally submitted to the Town of Chapel
Hill. The current zoning for the "Homestead Twins" property is R -2 and would accommodate
up to 86 homes and allow 66,864 square feet of heated floor area. As proposed, the zoning
would be amended to R -4 conditional with 72 homes allowing 133,500 square feet of heated
floor area. The number of homes proposed at "Homestead Twins" falls within the current
zoning and therefore the basis of the zoning amendment is to only increase the amount of
heated floor area to 133,500 square feet. The amendment would allow the average home size
to increase to a modest 1854 square feet per home. We believe that the increase in heated
floor area is necessary to accommodate an average family's space needs. Because the
proposed development adjoins Seawell Elementary School, Smith Middle School and Chapel
Hill High School, we believe accommodating the needs of families should be paramount.
A) The area of Chapel Hill where we are proposing to build "Homestead Twins" has
undergone substantial change since the current zoning was set and is poised to undergo
additional significant change in the near future.
Since the current zoning on the property was established:
1. The Chapel Hill Carrboro School System has added both an elementary school and
a middle school to land adjoining Chapel Hill High School. The proposed
"Homestead Twins" community is located adjacent to the school property thereby
providing an opportunity for children to walk to school from kindergarten through
high school graduation.
2. The Town has built Homestead Park within.I '/2 miles of the proposed "Homestead
Twins" community. The new park has been built to provide (2) baseball fields, a
batting cage, (2) soccer fields, a playground and a dog park.
( .
3. The Town has approved plans and allocated funding for a new aquatic center on
Homestead Road that will have both indoor and outdoor public swimming
facilities.
4. Orange County has built the Southern Human Services Center off Homestead
Road housing a multitude of social services.
5. The new "Senior Center" is under construction on Homestead Road providing
services to our senior population.
6. The University of North Carolina has announced plans to develop the 600 acre
Horace Williams tract into a mix of educational, research, commercial and housing
opportunities. A task force has been formed to facilitate its planning. The Horace
Williams site will be within a half mile of the "Homestead Twins" community.
7. The Town of Carrboro is planning their next fire station on Homestead Road less
than one mile from the proposed "Homestead. Twins" site.
8. A dense Traditional Neighborhood Development (TND) has been approved on
Homestead Road and is now under construction.
9. Homestead Road has been identified by Town leaders in Carrboro as a possible
area for a commercial development zone in an effort to increase their municipal
tax base.
All of these changes have taken place in the immediate vicinity of the proposed zoning map
amendment since the underlying zoning was set. It is clear that significant changes have
occurred and will continue to occur to meet the needs of the community.
B) Approving the zoning atlas amendment for the property on which "Homestead Twins" is
to be located will further the purpose of the comprehensive plan.
1. As outlined previously, the area of Chapel Hill surrounding the proposed
"Homestead Twins" has received a new park, a social and community services
center, is soon to have a senior center and a new fire station and will in the near
future be the home of the University of North Carolina's next public private
campus. The proposed "Homestead Twins" community will place homes within
walking distance or a short commute to all of these existing services. This will
further the goals of the comprehensive plan by reducing automotive traffic,
encouraging walking and biking and directing the development of housing to areas
where the infrastructure already exists. The most efficient use of the abundant
facilities on and around Homestead Road will be best served by allowing
communities like "Homestead Twins" to be built close to the facilities. In this
way, the zoning map amendment proposed will further the purposes of the
Comprehensive Plan.
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2. The proposed community, "Homestead Twins ", is located within walking distance
to Seawell Elementary, Smith Middle'School and Chapel Hill High School. As
part of our proposed plan, we will construct sidewalk along Seawell School Road
to connect the community with the schools. It has become clear that there are
significant advantages to having our children walk to school. It is safer, healthier
and less costly than riding a bus, kids get to know their fellow students and
neighbors, it frees up traffic and congestion around the schools at drop off and pick
up times, and it is simply better for the environment. The zoning atlas amendment
will further the goals of the Town's Comprehensive Plan by allowing a family
oriented community to be built next to all levels of public schools.
3. One of the goals of Chapel Hill's Comprehensive Plan is to increase the Town's
stock of affordable homes. 'In residential communities, the development ordinance
(LUMO) requires a percentage of -all new homes be restricted in size. While this is
the requirement, the Town's preference has always been that builders make homes
affordable as opposed to size restricted. The plan submitted for "Homestead
Twins" will provide 20% of all the homes built in the community remain
affordable. The ordinance recommends 15% and we have increased the minimum
to 20 %. The proposed amendment to the zoning atlas will fuuther the goals of
Chapel Hill's Comprehensive Plan by increasing the stocks of affordable housing.
4. Chapel Hill's Comprehensive Plan has always placed a high priority on open space
preservation. The proposed "Homestead Twins" community provides 64% of the
gross land area as open space or recreation space. We have concentrated all
development on roughly half of the site, leaving a stream, 300 feet of stream buffer
and open space untouched by development.` The goals of Chapel Hill's
Comprehensive Plan will be further advanced by the preservation of open space
included in the plan for "Homestead Twins ".
5. As part of our development plan to build "Homestead Twins ", we will move two
existing homes on the site to a nearby location on Rogers Road. We believe that
recycling the homes is beneficial from an environmental standpoint and helps
preserve the Town's stock of existing homes. By recycling the existing homes on
the site, we will be. furthering the goals of the Town' Comprehensive Plan which
advocates recycling when possible.
We believe that by approving the zoning atlas amendment and the conditional approval of
"Homestead Twins' , the Town will more fully achieve the purpose of its Comprehensive
Plan.
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