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HomeMy WebLinkAboutAgenda - 12-09-2003-8kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 9, 2003 Action Agend Item No. ~' SUBJECT: Proposed Amendment to 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: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: • DRAFT October 15 JPA Public Hearing Minutes Craig N. Benedict, Ext. 2592 • Materials from October 15 .JPA Public Hearing • Ordinance of Adoption TELEPHONE NUMBERS: Hillsborough Chapel Hill Durham Mebane 732-8181 968-2700 688-7331 (336)227-2031 PURPOSE: To consider approval of 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 received an application from Habitat for Humanity of Orange County for a Zoning Atlas Amendment to rezone approximately 3.03 acres of land northeast of the intersection of Rogers Road and Rusch Road in the Chapel Hill Joint Planning Transition Area. The Joint Planning Agreement requires that a rezoning in this area receive the approval of both the Chapel Hill Town Council and Orange County Commissioners. 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, and 9870,536626) 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. This item was presented at the October 15, 2003 Joint Planning Area Public Hearing. The Orange County and Chapel Hill Planning Staffs recommended approval of the proposed zoning atlas amendment based on a finding that it would achieve the purposes of the Comprehensive Plan. 2 Susan Levy, Executive Director of Habitat for Humanity, spoke as the applicant. No comments from the public were received. The Chapel Hill Town Council considered the rezoning request on November 10, 2003 and voted unanimously to approve it, The Orange County Planning Board reviewed the request on December 3, 2003 and voted unanimously to recommend approval. The following members were in attendance: Jay Bryan, Brian Dobyns, Craufurd Goodwin, Nicole Graysmith, Sam Lasris, Noah Ranells, Hunter Schofield, and Ted Triebel, FINANCIAL IMPACT: None, RECOMMENDATION(S): The Administration recommends approval of the Joint Planning Area zoning atlas amendment, 1 DRAFT 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2g 29 30 31 32 3.3 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 MINU'T'ES ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN CHAPEL HILL TOWN COUNCIL JPA PUBLIC HEARING OCTOBER 15, 2003 7:30 p.m. The Orange County Board of Commissioners met in joint session with the Carrbora Board of Aldermen and the Chapel Hill Town Council on Wednesday, October 15, 2003 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina for the purpose of holding a Joint Planning Area Public Hearing. COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown and Commissicners Moses Carey, Jr., Alice M. Gordon, Stephen Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr„ and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) TOWN OF CHAPEL HILL COUNCIL MEMBERS PRESENT: Mayor Kevin G. Foy and Council Members Pat Evans, BiII Strom, Dorothy Verkerk, Jim Ward, Mark Kleinschmidt, Ed Harrison (arrived at 7:55), and Flicka Bateman (arrived at 8:00) CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT: Mayor Mike Nelson (arrived at 8:30) and Aldermen Alex Zaffron (arrived at 8:30) and Diana McDuffee Edith M, Wiggins ;: Mark Dorosin, Jacquelyn Gist, and Joal Hall Broun NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. A, APENING REMARKS FROM THE CHAIR B, PUBLIC CHARGE The Chair dispensed with the reading of the public charge. Mayor Foy said that Chapel Hill has seen these presentations. C. PUBLIC HEARING ITEMS 1. JPA-CH-Z-1-03 requests a rezoning of three properties northeast of the intersecticn of Ragers Road and Rusch Road comprising approximately 3,03 acres from Residential-1 to Residential-Special Standards-Conditional. This request is located in the Chapel Hill Joint Planning Transition Area and requires the approval of the Chapel Hill Town Council and Orange County Commissioners. 2 1 2 Maycr Foy noted that this requires a special use permit from the Town of Chapel 3 Hill. This is a zone that the Town created in order to encourage affordable 4 housing,. 5 6 Orange County Planning Director Craig Benedict said that the preparation of this 7 agenda is a joint effort from the Planning staffs of Orange Ccunty, Chapel HiII, 8 and Carrboro. The two rezonings are part of the Chapel Hill Transition Area, 9 which is only a joint review by the Town of Chapel Hill and Orange County. 10 11 Chapel Hill Planning Director Roger Waldon gave the presentation. He showed 12 a map of the joint planning area. The area to the northwest of the Chapel Hill city 1.3 limits is the Chapel Hill Transition Area. This means that Chapel Hill does not 14 exercise unilateral zoning jurisdicticn over this; it is shared with Orange County 15 and Carrboro. Any proposed rezoning is a matter that has to be considered by 16 the Chapel HiII Tawn Council and the Orange County Board of Commissioners 17 and requires affirmative action by both bodies. Both of the applications tonight 18 are in the transition area, both of the applicants are seeking rezoning, and in both 19 cases the rezoning would have to be approved by the Chapel Hill Town Council 20 and the Orange County Board of Commissioners.. 21 22 The first rezoning is Rusch Hollow. The current zoning is Residential 1. The 2.3 proposed rezoning is to a zoning district called Residential Special Standards. 24 This was put in place by Chapel Hill to help facilitate affordable housing. The 25 area is about three acres, The staffs conclusicn is that this rezoning would 26 promote the purposes of the land use plan.. The preliminary recommendation is 27 that the two bodies consider approval of this application for rezoning. 28 29 PUBLIC CnMMENT: 30 31 Executive Director of Habitat far Humanity Susan Levy spoke as the applicant. 32 She spoke about the increase in the number of applicants that Habitat has had. 3.3 They usually get about 30 applications during an application session, and during 34 the last one they received over 60 applications. Many of the applicants currently 35 live in Chapel Hill or Carrboro. Habitat is interested in this site because it is 36 within the Chapel Hill-Carrboro school district. Over 35 of the applicants also .37 work in Chapel Hill or Carrboro (schools, IJNC, UNC Hospitals, local restaurants 38 and retail, private health care, light manufacturing, and construction). If this 39 rezoning request is approved, Rusch Hollow will serve 17 households who earn 40 less than 50% of the area median income. 41 42 One of the families that will live in this subdivisicn is the Rogers family, whc has 43 been waiting for two years to move into affordable housing. They started 44 planning this development well over two years ago and they have not heard from 45 anyone opposed to Rusch Hollow from the community meetings. They will bring 46 sewer lines to this area and the sewer will have a positive effect on the future of 47 affordable housing. Habitat has received allocations of public funding from a 48 variety of sources in order to support the construction of this neighborhood. To 49 date, they have a commitment for $497,000 in public funds for the purchase of 50 the land and the construction. Habitat will raise about twice this amount in 51 private sources to fund the rest of the development. There will be 12 single- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .33 .34 .35 36 37 38 39 40 41 42 4.3 44 45 46 47 48 49 50 51 family homes, a triplex, and a duplex, The triplex and the duplex will be one- bedroom rental apartments for the disabled and/or the elderly. This is in response to the Orange County Affordable Housing Task Force that made this type of housing a top priority for Orange County, Habitat for Humanity is asking the two boards to approve the rezoning request. Chair Brown asked if Susan Levy had worked along with the Green Tract proposal in regards to sewer. Susan Levy said yes and that County Engineer Paul Thames has looked at the sewer route and it was the one that he had originally proposed.. Commissioner Halkiotis asked how many homes have received overhead sprinkler systems that are being installed by the Chapel Hill Fire Department. Susan Levy said that the last ten or twelve houses they built have them installed, as well as the ones they are currently building.. They are going to continue this program,. Commissioner Halkiotis pointed out that the firemen were installing these sprinkler systems as volunteers. He suggested honoring these firemen at a future County Commissioners' meeting, Orange County Vote: A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to refer this proposal to amend the joint planning area zoning atlas to the Town of Chapel Hill for a decision and then to the Orange Ccunty Planning Board for a recommendation to the County Commissioners. VOTE: UNANIMOUS Town of Chapel Hill Vote: A motion was made by BiII Strom, seconded by Dorothy Verkark to refer this proposal to amend the joint planning area zoning atlas to the Town of Chapel Hill for a decision and then to the Orange County Planning Board for a recommendation to the County Commissioners. VOTE: UNANIMOUS 2. JPA-CH-Z-2-03 requests a rezoning of three properties on the south side of Eubanks Road totaling approximately 35 acres from Residential-1, Residential-2, and Mixed-Use Office/Institutional-1 to Residential-5 Conditional. Roger Waldon said that this is also in the transition area.. This area is off Eubanks Road, near the intersection of Eubanks Road and Airport Road. The applicant is proposing conditional use rezoning, which means that if the rezoning is approved, no development can occur on this site without approval by the Town Council of a special use permit for this property. They are requesting rezoning through the joint planning process and then the Town Council will review the special use permit for development of the property. He pointed out that the abstract is inaccurate for the dates far this item to come back. This application is not as far along as Rusch 6 MEMORANDiTM 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 (.TPA) 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. Backeround 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, na 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, revolted, 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 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 15`, 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 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 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 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 sepazately as provided in Section 4,5 of this Chapter. The Orange County Board of Commissioners and the Chapel Hill Town Corrncil have discretionazy authority to approve or deny a rezoning request. Existing Zoning The site is presently zoned Residential-1 (R-1), which is glow-density residential zoning district, The Residential-1 zoning district requires a 17,000 squaze feet minimum lot size and a density cap of 3 units per acre. Proaosed Amendment to the Joint PlanninE Area Zonine 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 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: Argurrrents 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. f3) A rezoning is justified because of changed or changing conditions in a particular area or in the jurisdiction generally. Staff Connnent: We believe the information in the record thus far can be summarized as follows: Arguments 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: Arguments in Support: Arguments in support of this finding as offered in the attached applicant's Statement of .Tustification 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 yeazs to households earning at or below 50% of the area median income," [Applicant's StatenzentJ • "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) ~o • "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 bazxiers to homeownership." [Applicmtt's Statement) Argwnents 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 Chape] 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 fiuther evidence maybe submitted at the Public Heazing, 5 11 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 BOt1RD OF COMMISSIONERS AND CHAPEL HII,L TOWN COUNCIL 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, 98705.36626) 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 azea 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 12 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 iJse 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. 13 Site of Rusch Hollow N Buildings, 1998 Data 100 0 100200 Feet f?~ ~ Chapel Hill Zoning GIS Map prepared by -- Streams/Ponds Chapel Hill Planning October 15.2003 Area Map NOTE: A color version Rusch Hollow of this map is provided Taint Planning Area separately. Zoning Atlas Amendment 14 Habitat for Humanity Orange County Rusch Hollow JULY 17, 2003 Statement of Justification Tor 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 far at least ninety-nine years, through the use of deed restrictions in accordance with the provisions of Orange County's Affordable Housing Band Program. These deed restrictions require that the homes be sold over a 99 year periodonly to households that eam 80% or less than the area median income, The five rental units will also be affordable far' households at or below 50% of area median income, and will have similaz 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 Laud Use ManaQemeut Ordinance Section 4.4 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 firrther intended that, if amended, this chapter be amended only as reasonably necessary to the pranotion 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: 15 Housine Availability: "Increase the availability of quality !sousing 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 yeazs 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 sanitazy 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, Housine Ouality: "Require all housing developnsents to meet applicable local, state arid, federal standards msd guidelines, including design quality, safety, health, and energy efficiency. " • 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 Staz Home/Systems Vision Program that HHOC currently participates in through the N,C, Community Development Initiative, Ino. 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 coaling 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 awazd 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. 16 • 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 appeazance of our homes. Changes to the exterior design will include vazying rooflines and trim details, as well as improvements in landscaping. Housing_Variety: "Establish policies, regulations, incentives and programs to proanote 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 Hilh 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 Chapel Hili,.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 enteapazses, and non profit organizations to create housing opportunities for households of all income levels. Private developers, non profits, and finmzcial institutions all have key roles to play in expanding 17 housing choice. The magnitude of the housing production and rehabilitation challenge ,facing the community calls ,for collaboration with other agencies and related organizatiazs that n:ay bring izeeded development services and/or° other resozace for• this effort. Thus Chapel Hill should continue to encourage the full cooperation and active involvement of tlzese grozzps to generate and maintain signif cant 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. Strateey 7A-1 also states that: "affordable housing initiatives should address the need to assist residents of publicly assisted housing in rzzaking the permanent housing and self-suffciency. " 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. StrateLV 7A-2 calls for providing: "incentives for housing providers to develop affordable housing. " Strate~y 7A-2 further states: "Funding limitations hinder the Town's ability to ,fully meet local affordable housing needs on its own, particularly in the, fzeld of new housing productions, As a reszzlt, private housing developers are looking at as key partners in addressing this problem.. Effective incentives are needed to encourage developers to assist in achieving the Town's affordable hozzsing goals and objectives, inclzzding, 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 StrateQY 7A-2 mentions: "Some traditional developnzerzt standards, szzch as minimum lot size, may be reduced or eliminated entirely when dealing with single family home development zmder the R-SS-C Zoning District,. Lz addition, the use of innovative techniques should be explored and encouraged, not only because szzch technigzes can generate signifcantly lower-cost housing that is affordable to moderate and low income families, but also because of the 18 envirozmzental benefits resulting from smaller developzzzent ';footprints" and overall reductions in impezvious suz,face. Techniques such as clustering, zero lot line development, small single family or "cottage" housing, and modular constzuction could permitted in an as-of--right process when involving affordable housing development, thus expediting processing and curb time/cost and n:aldng these options more attractive to developers." 19 An Ordinance Amending the Joint Planning Area Zoning Atlas Be it ordained b,y the Board of Commissioners of Orange County that the Joint Planning Area Zoning Atlas is here b,y amended as follows.• Section 1. That the portion of the site identified as now or formerly Chapel Hill Township Tax Map 23, Block D, Lots 14, 15, and 20 (PIN Nas. 9870424466, 9870539615, and 9870536626) that are currently zoned Residential-1 (R-1 ), located northeast of the intersection of Rogers Road and Rusch Road in the Chapel Hill Joint Planning Northern Transition Area, 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 Chapel Hill Town Council approves a Special Use Permit authorizing development. Section 2. That the legal description of the area to be rezoned is contained on ATTACHMENT 1, dated July 22, 2003. Section 3. That the area to be rezoned is indicated on the attached, "Area Map Rusch Hollow Joint Planning Area Zoning Atlas Amendment," dated October 15, 2003, Section 4, That this ordinance be placed in the file of published ordinances. Section 5, That this ordinance is effective upon adoption. NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Joint Planning Area Zoning Atlas° be adopted. Upon motion of Commissioner seconded by Commissioner ,the foregoing ordinance was adopted this day of , 2003. I, Donna S, Baker, Clerk to the Board of Commissioners far Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of .2003. I'.~.~ .I i"i:~.ll n.~'~:Ui.~ I ~I ~ ~!Ifi ~~ a.I'.: ~: .I hll I . ~'. IPA ~. •i~l ~+11 i".; 20 SEAL Clerk to the Board of Commissioners ~..c~ i I ~r.ir~: n i~. Ui: ~~ .I 'i.'41n ~ i.d^ri ~ -I +:I'II II .~ii'.A ~ '~.'.r i P. t1rd.~.~~. Habitat for Humanity Orange County Rusch Hollow Nelghfwrhood July 22, 2003 Legal Description of property know as Orange County Parcels: 1. 9870424466 TM 7.23.D.14 2. 9870639616 TM 7.23.D.16 3. 8870636626 TM 7.23.D.20 Beginning at the southeastern comer of Trad 2 as described in the deed recorded at Deed Book 2186, Page 254, Orange County Registry, thence S89°51'30'W for 89.94 feei; thence NO°11'33"V1f for 199.80 feet; thence S89°55'40'W for 179.94 feet; thence S66°21'27"V1(for 202.27 feet; thence S33°50'07'E for 58.41 feef~ thence S49°36'34"VII for 163.45 feet to the beginning of a horizontal curve, the radius point of which bears S52°43'55'VN, and 12951.50 feet, thence along said curve through a central angle of 0°33'10" for 124.96 feet; thence N49°56'34"E for 171.47 feet; thence N50°01'18"E for 318.62 feet; thence N66°51'55"E for 295.85 feet; thence S1°25'18"E for 385.05 feet; thence S89°51'30'VN far 54.76 feet to the pant of beginning. Containing 3.03 acres more or less. Area Map Rusch Hollow Joint Planning Area Zoning Atlas Amendment 22 \' _I I "' FZ-1 ° Site of Rusch Hollow ~ q° ° ° s >o_w,__--~~ ~ ~ ~~~°°° ~ . mo~~F o D ° ^< ° O 9 l1 V 6 l.i .+ O /~ \4 ~ ~ V 0 cQ e ~° @ o 0 0 ° ra u a c, ra Q ~ Q a fl o w a v a fl ~-~ b nn 9 'O ~.U. ~ 4 ~ ~~ a ~ ~ e ~~ 0~ ~ l 0 ®O o ~ " °~ 0 ~C%~~ - _° l~ _ ~ ~ © ~`~ ~ ~ ~ more C i T rti a p d K7 = ll o Jew replace a C7 0~ Greene Tract R~ ~. Q a ~ -au R-1 5~ Site of Rusch Hollow N 100 0 100200 Feet ~~~?~r-`w'~'" Buildings, 1998 Data ~ n.~° a k,~ Chapel NiII Zoning GIS Map prepared by ~='' ~ Stream slPOnds Chapel Hili Planning October 15.2003