HomeMy WebLinkAboutAgenda - 10-15-2003-3
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: October 15, 2003
SUBJECT: Joint Planning Area Public Hearing, 10-15-2003: CHAPEL WATCH
VILLAGE 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 for a site
along Eubanks Road from the Residential-1 (R-1), Residential-2 (R-2), and Mixed-Use
Office/Institutional-1 (MU OI-1) zoning districts to the Residential-S-Conditional (R-S-C)
zoning district. The site is located in the Chapel Hill Joint Planning 'Transition Area, adjacent to
the existing Chapel Hill Corporate Limits.
Background
The Town of Chapel Hill has received an application for a Zoning Atlas Amendment to rezone a
35-acre site that is located south of Eubanks Road, directly opposite the Chapel Hill Park and
Ride Lot and east of the University Branch Southern Railroad.
The site is an assemblage of 3 parcels, is located within the Residential-1 (R-1), Residential-2
(R-2), and Mixed-Use Office/Institutional-1 (MU OI-1) zoning districts, and is identified as
Chapel Hill Township Tax Map 18, Lots 15, 16, and 16A. (PIN Nos. 9870-87-1493, 9870-87-
5224, and 9870-97-1299). The property owner has requested that the site be rezoned from the
Residential-1 (R-1), Residential-2 (R-2), and Mixed-Use Office/Institutional-1 (MU OI-1) zoning
districts to the Residential-S-Conditional (R-S-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.
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Summa of the Chapel Hill and Joint Plannin¢ 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 was also adopted by Orange County on October 1St, 2003 as
an amendment to the 1986 Joint Planning Area Land Use Plan. The 2000 Land Use Plan
designates the site proposed for rezoning (the land south of Eubanks Road between the
Northwood Subdivision to the east and the University Branch Southern Railroad to the west) as
"Medium Residential," which calls for 4-8 units per acre.
The site is also designated as a "Potential School Site," which requires that the Town Manager
notify the Chapel Hi1UCarrboro Board of Education if an application for a subdivision is
submitted. (No such application has been submitted to date.) In such a case, if a subdivision
application were to be submitted and notice is given to the School Board, the Board is expected
to notify the Town Manager if there is interest in acquiring the property. We note that at this
time the "Potential School Site" designation for this site only pertains to subdivision
applications.
Zonin 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 maybe 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 Chapel Watch Village rezoning application is a
conditional use rezoning request. Consequently, if the Chapel Watch Village 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
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.
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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.
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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), Residential-2 (R-2), and Mixed-Use
Office/Institutional-1 (MU OI-1), which is aloes-density residential zoning district, amedium-
density residential zoning district, amix-use office/institutional zoning district respectively.
The Residential-1 (R-1) zoning district requires a minimum of 17,000 square feet of gross land
area for asingle-family house, and 29,040 square feet for atwo-family use. If the site is 5.0 acres
or larger in size, then multi-family development is allowed in the Residential-2 district as part of
a Planned Development-Housing approved by the Council, at a maximum density of 3.0 dwelling
units per acre.
The Residential-2 (R-2) zoning district requires a minimum of 10,000 square feet of gross land
area for asingle-family house, and 21,780 square feet for atwo-family use. If the site is 5.0 acres
or larger in size, then multi-family development is allowed in the Residential-2 district as part of
a Planned Development-Housing approved by the Council, at a maximum density of 4.0 dwelling
units per acre.
The Mixed-Use Office/Institutional-1 (MU OI-1) zoning district allows a mix of residential,
office and commercial uses when the site is comprised of a minimum of 20 acres. The Mixed-
Use Office/Institutional-1 portion of the assemblage is less than 20 acres and therefore only
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office development could be developed on
designation.
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this site under the Office/Institutional-1 zoning
Pro osed Amendment to the Joint Planning Area Zoning Atlas
The property owner has submitted a Zoning Atlas Amendment requesting that the site be rezoned
from the Residential-1 (R-1), Residential-2 (R-2), and Mixed-Use Office/Institutional-1 (MU OI-
1) zoning districts to the Residential-S-Conditional (R-S-C) zoning district. The Residential-5-
Conditional (R-S-C) zoning district allows a density of up to 15 units per acre. The owner has
submitted a Statement of Justification (attached) outlining voluntary limitations regarding the
future use of the site, if the Residential-S-Conditional (R-S-C) zoning is approved for this site,
including the following:
• A maximum density of 8.06 units per acre.
• Provisions to make 15% of units available to low-moderate income families.
Discussion
Analysis of this application is organized 4 4 of the Lan1deUse Management Ordinancelsha 1 not
Use Management Ordinance that Article
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.
Accordingly, we provide the following analysis:
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.
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: No arguments have been made to date in support of changed or changing
conditions in this particular area.
We note that the Chapel Hill Town Council has approved one development, Larkspur
Subdivision (approved February 25, 2002) within 500 feet of the Chapel Watch Village site
during the past 7 years.
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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 are offered in the applicant's
Statement of Justification (please see attached Statement).
Arguments in Opposition: The applicant has proposed a density cap of 8.06 units/per acre in the
attached Statement of Justification. The proposed density exceeds the maximum density for the
medium density residential land use classification for this site in the 2000 Land Use Plan,
adopted by the Town of Chapel Hill. This plan was adopted by Orange County as an amendment
to the 1986 Joint Planning Area Land Use Plan on October 1St, 2003.
The applicant has proposed rezoning to Residential-S-Conditional (R-S-C). This zoning district
has density cap of 15 units per acre and a maximum floor area ratio of .303, compared to the
existing floor area ratio of :076 for Residential-1 and .093 for Residential-2. For purposes of
comparison, we note that the Residential-3 district (which has a maximum density of 7 units per
acre) has a floor area ratio of .162. We believe that the requested floor area ratio of .303 is
higher than what would be expected in an area with amedium-density designation.
Preliminary Recommendation
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The Planning staffs of Chapel Hill and Orange County recommend denial of the proposed
amendment to the Joint Planning Area Zoning Atlas because we believe that the requested
rezoning is not consistent with the medium density designation of the Land Use Plan. We note
that further evidence maybe submitted at the Public Hearing. (Please see Attachment)
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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 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 GRAN EE~CB ~RESOLVOE TO DENY THIS IAPPLOICATION O
CHAPEL HILL TOWN COUNCIL H
AMEND THE JOINT PLANNING ZONING ATLAS.
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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 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 HII.L TOWN COUNCIL HEREBY RESOLVE THAT THE JOINT PLANNING
ZONING ATLAS BE AMENDED AS FOLLOWS:
Property identified as Chapel Hill Township Tax Map 18, Lots 15, 16, and 16A (PIN
Nos. 9870-87-1493, 9870-87-5224, and 9870-97-1299) that are currently zoned
Residential-1 (R-1), Residential-2 (R-2), and Mixed-Use Office/Institutional-1
(MU OI-1) shall be rezoned to Residential-S-Conditional (R-S-C) zoning, with the
following limitations on uses:
That residential development shall be limited to a maximum density of 8.06
units per acre; and
That a minimum of 15% of the proposed dwelling units shall consist of
permanently affordable units available for private ownership. An affordable
dwelling unit shall be defined as a unit that is priced at a level affordable to a
family of four earning 80% or less of the Raleigh-Durham-Chapel Hill median
income, as provided by the U.S. Department of Housing and Urban
Development (HUD).
The description of the area to be rezoned is indicated on the attached map.
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This ordinance shall become effective upon adoption by the governing bodies of Orange County
and the Town of Chapel Hill.
Site of Chapel
ill
age
Watch V
~ Buildings (1998 Data)
•~R-'1 •
R-:';
Zoning
Chapel Hill City Limits
~~~ Urban Services Boundary
Q
N
200 0 200 400 Feet
GIS Map prepared by
Chapel Hill Planning
October 15, 2003
~ ~ b Area Map _ NOTE: A color version
Chapel Watch Village of this map is provided
Joint Planning Area separately.
7nninn atlas Amendment
~. `~ ~ -~y
CHAPEL WATCH VILLAGE
Zoniag Atlas Amendment
Statement of Justification
The property owner, Campus Estates, LLC, formally requests that a 34.99 acre site (Tax Map
References 7.18..15, 7.18..16, and 7.18..16A) located south of Eubanks Road, east of the
University Rail Line, north of the approved Larkspur subdivision, and west of the Northwood
subdivision, be rezoned from a mixture of Residential-1 (R-1), Residential-2 (R-2}, and Mixed
Use, Office/Institutional (MIJ-OI-1) zoning districts that currently exist on the site to a
Residential-S-Conditional (R-S-C) zoning district, with a density cap of 8.06 dwelling units per
acre.
'The Town of Chapel Hill's Land Use Management Ordinance prescribes that in order to
establish and maintain sound, stable, and desirable development within the planning jurisdiction
of the Town it is intended that the Chapel Hill Zoning Atlas shall not be amended except:
1. to correct a manifest error in the Zoning Atlas, or
2. Because of changed or changing conditions in a particular area or the jurisdiction
generally, or
3. to achieve the purposes of the Comprehensive Plan.
The applicant believes that this rezoning request can be justified for the third reason noted above.
Achieving the Purposes of the Comprehensive Plan
The Town's 2000 Comprehensive Plan and accompanying Land Use Plan reflect significant
growth that occurred in northern Chapel Hill during the late 1990s, and envisioned additional
growth and development in this azea. In particulaz, the following events aze noteworthy with
regard to growth and development in northwest Chapel Hill over the last several years:
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• The opening of the Town's northern Pazk & Ride Lot on Eubanks Road in the mid- to
late-1990s; and, the establishment and regular operation of transit services on
Eubanks Road;
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~: ~ G~kapel Watch Village - ZAA Statement of Justecation
May 20, 2003
Page 2 of S
• The widening of.Airport Road in the late-1990s, from two lanes to four lanes between
Homestead Road and Weaver Dairy Road, and from two lanes to six lanes between
Weaver Dairy Road and Interstate 40;
• In 1998, the Chapel Hill North Shopping Center opened, supplementing the existing
retail uses in the Timlierlyne Shopping Center, and providing greater local shopping
opportunities to residents in northern Chapel Hill and surrounding areas;
• The ~ construction of the previously ~ approved Northwoods V subdivision, .and the
approval and: construction of several large adjoining single-family neighborhoods (the
Parkside and Parkside II subdivisions); and the associated construction of Weaver
Dairy Road Extension; ~ .
• ~ The approval' and start of construction on the Vineyard Square Townhomes
development, which will provide additional home ownership opportunities in the
northern area, while also constructing the final portion of Weaver. Dairy Road
Extension, completing a new arterial street between Homestead Road and Airport
Road in 2004;
• The approval of the adjoining Larkspur subdivision with a northern stub-out and the
associated expectation thaf a second pointof acxess would be~provided from Eubanks
Road through this subject site, in order to improve connectivity: in this area without
adversely affecting the character of existing neighborhoods.(such as Northwood);
• The present construction of a lazge flex-space development on Eubanks Road,
between the existing UPS facility and Hillhouse Road;
• Orange County's acquisition of land that can be used for a future school(s) site at the
intersection of Eubanks Road and Old• NC Highway 86; and
• The conshudion of an OWASA pump station on this subject si#e in 2002, to pmvide
sewer service to this site and other sites located in this .drainage basin.
• ~ The identification of a major employment center in the form of fhe Town's future
Public Works facility, on nearby Hillhouse Road.
Collectively, these events mark a series 'of changes that together have brought the subject site
from -the fringes of the Town's jurisdiction, without the availability of wafer and sewer service,
to being located in the center of a future growth area that now has a full range of urban services.
In addition to these events, the Town's Comprehensive Plan and accompanying Land Use Plan
also reflect that:
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apel Watch Village - ZAA Statement of Justificafton ,~, ~;
May 20, 2003 ~ ~ % ~'
Page 3 of S
• A large assemblage of land north of this subject site is denoted as being appropriate
for intense Mixed Use development (a second potential future employment center);
• The subject site• is appropriate for medium-density residential uses (48 units per
acre).
Based on the evolution of the northwest area as reflected and envisioned through the 2000
Comprehensive Plan and associated Land Use Plan, and the fact that the vast majority of the
developable portions of this site are prime buildable, the subject site emerges as an ideal
candidate to be developed at the upper end of the targeted range of residential density targeted in
the Town's Comprehensive Plan and accompanying Land Use Map.. Accordingly, the developer
is proposing to develop the subject site as a medium density residential use, with a maximum
density of 8.06 dwelling units per acre on the site, in accordance with the Purposes 'of the
Comprehensive Plan and the Land Use Plan.
Achieving Saecific Themes of the Comarehensive Plan
In addition to achieving the general purposes of the Comprehensive Plan, the applicant also
believes that this rezoning is justified because the requested Zoning Atlas Amendment (for a
Residential-S-Conditional (R 5-C) zoning district) and accompanying Special Use Permit
application will achieve several specific themes that aze discussed in the Town's Comprehensive
Plan. The consistency of the requested Zoning Atlas Amendment and accompanyuig Special
Use Pernut with these individual themes is discussed below.
Theme: Create and preserve affordable housing opportunities...
The Town's Comprehensive Plan places a high priority on the provision of a variety of
housing, opportunities to accommodate the needs of the Town's diverse population, and to
allow citizens to live close to their places of employment. In particular, the Town has noted
that a majority of all new residential construction .over the last ten years has consisted of
higher end single-family housing. Accordingly; the. Comprehensive Plan places a heavy
emphasis on the Town's need to encourage the development and provision of affordable
housing opportunities, stating that:
"As a general policy, the Town should encourage developers of residentiai
developments of five or more units to 1) provide 15 percent of their units at prices
affordable to low and moderate income households, 2) contribute in-lieu fees, or 3)
propose alternative methods so that the equivalent of 15 percent of the units will be
available to low and moderate income households"
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~ ~ ~ ~ C el match V~Ilage = ZAA Statement of Justc; f scat' ion
May 20, 2003
Page 4 of S
In accordance with the goals and objectives of the Town's Comprehensive Plan, the Chapel
Watch Village proposal will include an affordable housing component, ~ As a condition of the
rezoning request and the accompanying Special Use' Permit application, the developer is
proposing -that 15% of the dwelling units (42 apartments) would be priced so as to be
affordable to families earning 80% of the Median Income for the Raleigh Durham-Chapel
Hill Metropolitan Statistical Area (MSA). The developer is also proposing that these 42
affordable housing units will be mixed throughout the community in the same proportions of
unit mix as the general pattein of unit mix. for.'the entire development (19 one-bedroom
apartments, '14 twbbedroom apartments, and 9three-bedroom apartments). .
Theme: Idenafy areas where there are creative development opportunities
The Comprehensive Plan acknowledges that, as a ,maturing community, Chapel Hill has
relatively little vacant land remaining that is suitable for non residential development. The
Land Use Plan does indicate however, that one such area is located immediately north of this
site, on the northern side of Eubanks Road, between Interstate-40 and Hillhouse Road.
Accordingly, the Land .Use Plan .denotes that this azea north of Eubanks Road is appropriate
for amixed-use development, with an office emphasis. As a site adjoining this potential
future mixed use. development, .the developer believes that this subject site offers .a: creative
~opportwiity to provide supporting rental housing for.such a land use, in the form of:a multi-
family,.development format. 'The developer also believes that such a residential community
would .be. a logical complement to the substantial amount of single-family residential
construction (for ownership) that has occurred in this area over the last decade.
In addition, the subject site is uniquely located adjacent to an underutilized Town Park and
Ride lot, on a bus route, and adjacent to the rail line that runs southward through the Horace
Williams tract to downtown Carrboro and Chapel Hill. It has been public)y discusser) that
this rail line corridor has the potential to be used for mass transit purposes in the future.
When these transportation amenities are combined with the flat topography located on the
developable ~ portions of this site, a significant creative opportunity seems to emerge for a
multi-family development -that' would bewell-located to: .
• Utilize mass transit opportunities,
• Provide support for future mixed use development in this area, and
• Provide potential housing opportunities (with both affordable units and market-rate
units) for .employees of the future Town of Chapel Hill Public Works facility that is
proposed north of Eubanks Road.
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chapel Watch Village- ZAA Statement ofJust~tion
May 20, 2003
Page S of S
Theme: Work toward a balanced transportation system...
The Town's Comprehensive Plan discusses the need to pursue an aggressive, new approach
to transportation. This approach shifts the emphasis from the automobile to other means of
travel -walking, biking, transit, and park-and-ride - in order to achieve acommunity-wide,
multi-modal transportation system. As previously noted, this site is uniquely located
adjacent to an underutilized Town Park and Ride lot, on a bus route, and adjacent to the rail
line that runs southward through the Horace Williams tract to downtown Carrboro and
Chapel Hill (and has the potential to be used for mass transit purposes in the future).
Furthermore, land is reserved for a future greenway trail, known as the Rail Trail, that will
eventually expand the Town's walking and bicycling network.
In summary, the location of this site epitomizes the aggressive approach to transportation that
is emphasized in the Comprehensive Plan, and maximizes the opportunities that will entice
individuals to get out of their cars and utilize other means of travel.
Theme: Complete the bikeway/greenway/sidewalk systems...
A prevalent theme in the Town's Comprehensive Plan is the need to complete Chapel Hill's
town-wide network of sidewallcs, bikeways and greenways. By design, the site layout for
Chapel Watch Village, as proposed in the accompanying Special Use Permit, is proposed to
offer bicycle and pedestrian circulation both internal to the development, as well as to
neighboring developments. In particulaz, the extensive sidewalk network within the Chapel
Watch Village development is proposed to connect to the sidewalk network in the Larkspur
subdivision, offering neighborhood connectivity. Furthermore, the Chapel Watch Village
development proposes to set aside land along the rail line for a future greenway trait, in
accordance with the Town's Greenways Master Plan, and provides suitable trail linkage
opportunities to that greenway trail once it exists.
Conclusion
As correctly envisioned by the Town of Chapel Hill's Comprehensive Plan and accompanying
Land Use Plan, the Eubanks Road corridor is a future growth area capable of handling a future
Mixed Use development and a proposed Town Public Works facility. Accordingly, the Chapel
Watch Village site emerges as an excellent site to offer medium density housing, at the upper
end of the targeted range of density. Acknowledging these elements, combined with the limited
amount of rental housing in this general area, the developer is proposing to develop the subject
site as a medium density residential use, with a maximum density of 8.06 dwelling units per acre
on the site, in accordance with the purposes and themes of the Comprehensive Plan and
accompanying Land Use Plan.
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