HomeMy WebLinkAboutAgenda - 05-11-2006-c1ORANGE 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. CA
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: (Y /N) 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 'T -own 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
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.
El
The applicant has requested that the site be rezoned from Residential- I (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
jurisdiction of flee 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 -I 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
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 conect 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
ofthis 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]
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
Q
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 -I 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
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.
E
10
This Page left Blank Intentionally
12
This Page left Blank Intentionally
'1
ATTACHMENT
Habitat for Humanity Orange County
Rusch Hollow Lot 3A
Statement of Justification. for Rezoning
The rezoning from R -1 to R -SS -C of the 10,431 square feet of property-( identified as lot 3a on
the proposed recombination plat) is requested in order to increase the size of lot #3 within the
previously approved Rusch Hollow subdivision from 5,045 square feet to a total of 15,477
square feet. Since receiving approval for Rusch Hollow, Habitat has acquired the property
adjacent to lot 43 in Rusch Hollow, which makes the proposed recombination possible: Through
the proposed recombination, Habitat will be able to increase the size of lot #3 in order to better
accommodate the triplex which is part of the original Rusch Hollow subdivision approval. The
subdivision was approved in 2003 under the R =SS -C zoning for affordable housing. All of the
homes within Rusch Hollow will be affordable to households earning 50% or less of the Area
Median Income (AMI). Eight of the single family homes have been sold to qualified Habitat
homebuyers, and four more are under construction and will be sold to qualified buyers by April
of 2006. The remaining two lots in the Rusch Hollow subdivision are reserved for a duplex and
a triplex that will provide 5 rental apartments for low - income elderly or disabled citizens of
Orange County who are in need of affordable rentalhousing, .
Because there is no significant change to the original reasoning request statement of''justification
for Rusch Hollow, the statement of justification for rezoning that was originally submitted is
still applicable, and is included below.
From Section 20 of the Development Ordinance
20,1 Intent
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.
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.
Habitat for Humanity is requesting approval of a zoning map change applicable to the Rusch
Hollow Subdivision application. The Land use Plan shows the property as low density
residential, 1 -4 units per acre. This site is currently zoned R-1, 3 units per acre. We are
requesting rezoning to R -SS -C, which has a density cap of 5,4 units per acre. The zoning
change is required to accommodate the density proposed in our Special Use Permit application.
The proposed higher density is justified on the basis of the Comprehensive Plan's housing goal
and objectives, and the accompanying strategy to provide incentives to develop affordable
housing.
13
I
The Goal of the Comprehensive Plan on Housing is to "increase the availability of well -
designed, affordable, safe, and sanitary housing for all citizens of Chapel Hill ". This project will
definitely contribute toward achieving this goal. The Objectives of this section of the
Comprehensive Plan include `Housing Availability', `Housing Quality', and `Housing Variety'.
This project will clearly further all of these objectives, Habitat for Humanity of Orange County
recently completed its 100o house in Orange County. This project will add 12 single - family
homes and 5 rental units for disabled and elderly citizens. All of the units will be affordable for
99 years to households earning at or below 50% of the area median income. All will be built to
high`standards of quality and energy efficiency, and will contribute to the housing variety of the
neighborhood.
According to Section 7A of the Comprehensive Plan, "the provision of housing at a cost
affordable to all of Chapel Hill's residents is a major priority for the Town." Strategy 7A -I states
that "the Town will need to work with public agencies, private enterprises, and non -profit
organizations to create housing opportunities for households of all income levels." This project
has already received approval from the Town of Chapel Hill and Orange County to receive
Community Development Block Grant funds, Chapel Hill Housing Trust Fund monies, and
HOME funding to help cover the costs of purchasing the land, designing the project, and
building the infrastructure. Clearly, the Town is already a partner with Habitat for Humanity in
the development of this site for affordable housing. The rezoning of the parcel to allow for
higher density will maximize the use of public funds and contribute to the generation of
"significant volumes of affordable housing."
Section 7A -2 of the Comprehensive Plan calls for providing "incentives for housing providers to
develop affordable housing." One such incentive is the R -SS -C Zoning district employed in this
application. Strategy 7A -2 further states, "Innovative techniques should be explored and
encouraged." These techniques include "clustering, zero lot line development small single - family
or "cottage" housing and modular construction."
14
Area Map
Rusch Hollow
O
15
0.
I \ UrN
1 11 1 1
Addition to
Rusch Hollow
2�
Site of Rusch Hollow
N
Buildings
100 0 100200 Feet
mme!%iiiiiiiii
Chapel Hill Zoning
GIS Map prepared by
Streams /Ponds
Chapel Hill Planning
March. 2006
iR
This Page left Blank Intentionally
0 ( 17
�p \
kp
use
e; gg
r t% •\
'YpOHF� V�
m' 3SkRSp
6 8 g� �s $ ♦
F
"
ea$ r [
� l �