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HomeMy WebLinkAboutAgenda - 10-15-2003-11~ ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL JOINT PLANNING AREA PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: October 15. 2003 Action Agenda Item No. SUBJECT: PROPOSAL TO AMEND THE JOINT PLANNING AREA ZONING ATLAS FOR THE RUSCH HOLLOW SITE ON RUSCH ROAD (JPA-CH-Z-1-03 DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) YES ATTACHMENT(S): Staff Memorandum Map Rusch Road Area INFORMATION CONTACT: Gordon Sutherland 968 2728 Zoning Atlas Amendment- Statement of TELEPHONE NUMBERS: Justification. Hillsborough 732-8181 Ordinance! Resolution Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To receive public comment on a proposal to amend the Joint Planning Area (JPA) Zoning Atlas to change the zoning of approximately 3.03 acres of land northeast of the intersection of Rogers Road and Rusch Road 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 approximately 3.03 acres of land northeast of the intersection of Rogers Road and Rusch Road.. The site is an assemblage of three properties currently located within the Residential-1 (R-1) zoning district and is identified as Chapel Hill Township Tax Map 23, Block D, Lots 14, 15, and 20. (PIN Nos. 9870424466, 9870539615, 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. Q~~ FINANCIAL IMPACT: None. RECOMMENDATION(S): 2 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 then to the Orange County Planning Board for a recommendation to the County Commissioners. PROPOSED DATES FOR TOWN OF CHAPEL HILL & ORANGE COUNTY ACTION: Chapel Hill Town Council -November 10th or November 24th,2003 Orange County Planning Board - December 3`d,2003 Board of County Commissions -December 9th,2003 or (3`d week) January,2004 ~~~ 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: October 15, 2003 SUBJECT: Joint Planning Area Public Hearing, 10-15-03: RUSCH HOLLOW (aka Rusch Road Subdivision) 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 approximately 3.03 acres of land northeast of the intersection of Rogers Road and Rusch Road from Residential-1 (R-1) to the Residential-Special Standards-Conditional (R-SS-C) zoning district. The site involves three properties, .identified as Chapel Hill Township Tax Map 23, Block D, Lots 14, 15, and 20 (PIN Nos. 9870424466, 9870539615, 9870536626). The site is located outside of Chapel Hill's Corporate Limits in the Chapel Hill Joint Planning Transition Area. Background The Town of Chapel Hill has received an application for a Zoning Atlas Amendment to rezone approximately 3.03 acres of land northeast of the intersection of Rogers Road and Rusch Road. The site is an assemblage of three properties currently located within the Residential-1 (R-1) zoning district and is identified as Chapel Hill Township Tax Map 23, Block D, Lots 14, 15, and 20. 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. 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. On April 12, 1999, Chapel Hill Town Council created a new zoning district called Residential- Special Standards-Conditional. This new zoning district allows a residential density of up to 12 ~:~ g 4 units per acre, along with additional modifications to the land use intensity regulations. The Residential-Special Standards-Conditional (R-SS-C) zoning district was introduced in order to facilitate development of affordable housing. 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 1St, 2003. The application site is located in an area generally between Homestead Road and Eubanks Road, and between the railroad tracks and west to Rogers Road. The Joint Planning Area Land Use Plan as amended in this location is designated as "Low Residential", 1-4 units per acre. In the case of the parcels in question and the proposed rezoning the Residential-Special Standards-Conditional (R-SS-C) zoning district has no minimum or maximum density however; an accompanying Special Use Permit application shows a site layout for 5.2 units per acre. The proposed rezoning will therefore exceed the density envisioned by The Joint Planning Area Land Use Plan. 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 Zoning 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 Ho71ow 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 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 the Town it is intended that this chapter shall not be amended except: a) to correct a manifest error in the chapter; or 2 ~~~5 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 a rezoning request. Existing Zoning The site is presently zoned Residential-1 (R-1), which is aloes-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. 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 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 3 ~~~~ 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 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: Armaments in Support: We were unable to identify any arguments in support of changing conditions in the vicinity of the site. Arguments in Opposition: The area in the immediate vicinity of the site has retained its low density development. We do not believe that conditions have changed in this area. 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: Arguuments 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 12 single-family homes and 5 rental units for disabled and/or elderly citizens. All of the units will be affordable for 99 years to households earning at or below 50% of the area median income." [Applicant's Statement) • "Further extend sanitary sewer in the Rogers Road community and make sewer easily accessible to the portion of the Greene Tract (approximately 18 acres) that has been designated for affordable housing." [Applicant's Statement) • Contribute to a mix of housing in the Rogers Road community, which is already comprised of a mix of mobile homes, twelve 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) 4 ~~~~~ • "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 maybe submitted at the Public Hearing. 5 ~~~ 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 Apri12, 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 COUNCII. HEREBY RESOLVE THAT THE JOINT PLANNING ZONING ATLAS BE AMENDED AS FOLLOWS: That the portion of the site identified as now or formerly Chapel Hill Township Tax Map Map 23, Block D, Lots 14, 15, and 20 (PIN Nos. 9870424466, 9870539615, 9870536626) that are currently zoned Residential-2 (R-1), located northeast of the intersection of Rogers Road and Rusch Road, 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 approves a Special Use Permit authorizing development. 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. 6 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. 7 Site of Rusch Hollow Buildings, 1998 Data `„~ Chapel Hill Zoning • R-2 ~~ =` StreamslPonds N 100 0 100200 Feet GIS Map prepared by Chapel Hill Planning October 15, 2003 Area Map NOTE: A color version ~ ~ Rusch Hollow of this map is provided Joint Planning Area separately. Zoning Atlas Amendment 1 Habitat for Humanity Orange County Rusch Hollow JULY 17, 2003 Statement of Justification for Rezoning In its request for approval of a zoning map change, Habitat for Humanity of Orange County voluntarily agrees to include 100% of the housing units in Rusch Hollow as long-term affordable housing. Twelve of the units will be sold to households earning at or below 50% of the area median income. These homes will remain affordable for at least ninety-nine years, through the use of deed restrictions in accordance with the provisions of Orange County's Affordable Housing Bond Program. These deed restrictions require that the homes be sold over a 99 year periodonly to households that earn 80% or less than the area median income. The five rental units will also be affordable for households at or below 50% of area median income, and will have similar deed restrictions that will ensure that they remain affordable over a 99 year period, also in accordance with the provisions of Orange County's Affordable Housing Bond Program. From Section 4 of the Land Use Management Ordinance Section 4.4 Intent `7n 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 of Orange County (HHOC) is requesting approval of a zoning map change applicable to the Rusch Road 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, under which we are proposing a density of less than six 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. 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". The Objectives of this section of the Comprehensive Plan include `Housing Availability', `Housing Quality', and `Housing Variety'. This project will clearly further the overall goal as well as the objectives as outline below: ~~2 Housing Availability: "Increase the availability of quality housing affordable to all citizens who live and work in Chapel Hill. " • This project will add 12 single-family homes and 5 rental units for disabled and/or 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 Habitat's high standards of quality and energy efficiency • This project will further extend sanitary sewer in the Rogers Road community and make sewer easily accessible to the portion of the Greene Tract (approximately 18 acres) that has been designated for affordable housing. The extension of the sewer is a key aspect of developing a significant number of affordable homes on the Greene Tract. While no specific plans have been developed for the affordable homes on the Greene Tract, it is reasonable to assume that the homes will provide a range of housing options for the many citizens who live and/or work in Chapel Hill and Orange County, and who need assistance in securing safe, decent, affordable housing. Housing Quality: "Require all housing developments to meet applicable local, state and federal standards and guidelines, including design quality, safety, health, and energy efftciency. " • HHOC will comply with all applicable local, state and federal standards and guidelines in the construction of its homes. • The twelve single-family that HHOC will construct in the proposed project will exceed NC Housing Finance Agency Energy Criteria. The homes will be included in the Star Home/Systems Vision Program that HHOC currently participates in through the N.C. Community Development Initiative, Inc. and Advance Energy. Under this program, HHOC constructs its homes according to the System Vision requirements for energy efficiency. HHOC construction staff and its HVAC and insulating subcontractors have all attended required trainings on the specifications, standards and techniques required by the Program. Advance Energy staff conducts a final inspection of the homes and provides certification that the homes comply with the Star Home Program/Systems Vision requirements. Once certification is obtained, the heating and cooling costs for the homebuyer are guaranteed at a rate determined by the program. • HHOC incorporates universal design features in all of its homes, including the option of a step less entryway for all of our homes. We will build fully accessible homes adapted for the particular needs of any household with special needs. HHOC received an award for excellence from the NC Employment Network of the NC Division of Vocational Rehabilitation Services for our collaborative effort with the Center for Universal Design whom we worked with on a joint project to adopt elements of Universal Design in all our homes. ~`~3 • Anew feature of HHOC homes are overhead sprinkler systems that have been installed free of charge by the Chapel Hill Fire Department as a community service project. This added level of safety in HHOC's homes is a feature that is rarely offered in much more expensive market rate homes. • Input from HHOC's homeowners over the years has resulted in ongoing revisions to house designs to produce low cost homes that nevertheless maximize functionality and minimize maintenance costs. HHOC Board and staff are in the process of researching ways to enhance the appearance of our homes. Changes to the exterior design will include varying rooflines and trim details, as well as improvements in landscaping. Housing Variety: "Establish policies, regulations, incentives and programs to promote the availability of a full range of housing types, densities, costs and tenancy options in Chapel Hill, both within new developments and existing neighborhoods. " • The project will contribute to a mix of housing in the Rogers Road community, which is already a fairly diverse community. The Rogers Road community is comprised of a mix of mobile homes, twelve recently constructed HHOC single-family homes, a number of modest older single-family homes, and a range of more expensive single- family homes that are part of newer subdivisions that have been built off of Rogers Road. Incomes in the community range from very low (below 25%) to upper income, and HHOC homebuyers will be somewhere in the middle, at the 30-50% range. The rental units will serve those in the 25-50% range who do not qualify for homeownership or who do not have the capacity to maintain a home on their own. • This project will 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. Care will be given to the siting of the homes on lots and to the exterior appearance of the homes to ensure compatibility with surrounding homes. The project will make use of the R-SS-C zoning district that was created to provide an incentive for the production of affordable homes in Chapel Hill. The special zoning district for affordable housing has only been used once before when Orange Community Housing and Land Trust built a successful development of affordable town homes on Legion Road. In outlining strategies and actions to increase the supply of affordable housing in Chanel Hill, Section 7A of the Comprehensive Plan States: "the provision of housing at a cost affordable to all of Chapel Hill's residents is a major priority for the Town. " Strategy 7A-1 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. Private developers, nonprofits, and financial institutions all have key roles to play in expanding ~:~.~ housing choice. The magnitude of the housing production and rehabilitation challenge facing the community calls for collaboration with other agencies and related organizations that may bring needed development services and/or other resource for this effort. Thus Chapel Hill should continue to encourage the full cooperation and active involvement of these groups to generate and maintain significant volumes of affordable housing. " 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, HOME funding, and Orange County Affordable Housing Bond 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 more housing for the hardest to serve households, those with incomes below 50% of the area median. Strate~y 7A-1 also states that: "affordable housing initiatives should address the need to assist residents of publicly assisted housing in making the permanent housing and self-suj~ciency. " HHOC has actively recruited public housing residents as applicants, and has successfully worked with public housing residents to overcome the barriers to homeownership. HHOC will continue its efforts to move families out of public housing and into homes of their own in this proposed new affordable housing development. Strate~y 7A-2 calls for providing: "incentives for housing providers to develop affordable housing. " 5trategy 7A-2 further states: "Funding limitations hinder the Town's ability to fully meet local affordable housing needs on its own, particularly in the field of new housing productions. As a result, private housing developers are looking at as key partners in addressing this problem. Effective incentives are needed to encou~°age developers to assist in achieving the Town's affordable housing goals and objectives, including full integration of affordable housing units into the community. Such incentives should compensate developers who produce, maintain or rehabilitate lower-cost, affordable housing units that meet the Town's standards. " One very important element of Strategy 7A-2 mentions: "Some traditional development standards, such as minimum lot size, may be reduced or eliminated entirely when dealing with single family home development under the R-SS-C Zoning District. In addition, the use of innovative techniques should be explored and encouraged, not only because such techniques can generate significantly lower-cost housing that is affordable to moderate and low income families, but also because of the ~5 environmental benefits resulting from smaller development `footprints " and overall reductions in impervious surface. Techniques such as clustering, zero lot line development, small single family or "cottage" housing, and modular construction could permitted in an as-of--right process when involving affordable housing development, thus expediting processing and curb time%ost and making these options more attractive to developers. " tF .i~.