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Department of Community Development
Reference: Chapel Hill Rezoning
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Aja Tibbs, Long Range & Historic Preservation Planner
Date Prepared: May 18, 2015
PURPOSE
The applicant proposes to rezone the property from R-1-A, R-3 (the drainage tract portion only), and C-O (a drainage tract portion only) to Planned Unit Development (PUD) with an underlying zoning of R-1 (single family residential). The purpose of this PUD is to remove the two-family (duplex) residential use from the property, address setbacks for the uniquely shaped lots, and address design elements related to the subdivision landscaping and architecture.
BACKGROUND
The Chapel Hill zoning was originally adopted at second reading on September 18, 2001 via Ordinance 1709. The zoning included a C-O (Commercial Office) section along Bridge Street, a small R-3 (Multiple-Family) lot in the central-west portion of the property, and R-1-A (Single- to Two- Family Residential) along the northern half of the property.
The property was then subdivided into two (2) filings. The first filing consisted of one large commercial office lot along Bridge Street, which is home to the Chapel Hill Church. The second filing consisted of three small commercial office lots, one multi-family lot, twenty-six residential lots and a handful of drainage tracts. The residential portions of the second filing were later amended administratively to modify the lot layout, but have remained relatively undeveloped (with the exception of two homes that have been constructed). Note that the second filing subdivided the R-3 zoning and C-O sections to create drainage tracts which are included in the proposed rezoning. The actual lots for R-3 and C-O development are not included in this proposed rezoning application and will remain zoned for multiple family and commercial office development. Please see the attached graphic for further detail.
Land Use and development code
The Land Use and Development Code states the following four criteria for consideration of any rezoning application:
A) Section 17-8-80.5, Criteria for Rezoning, specifies four (4) criteria to be used in determining a request for rezoning. The criteria are as follows:
1) Complies with the Comprehensive Plan and other master plans of the City; and
2) Complies with the requirements of the Land Use and Development Code, and with the zone district; and
3) Provides consistency with the purpose and intent of the Land Use and Development Code; and
4) Provides compatibility with surrounding areas, is harmonious with the character of the neighborhood, and is not detrimental to the immediate area, the future development of the area, or the health, safety, or welfare of the inhabitants of the City.
Rezoning Analysis
In consideration of the Land Use and Development Code requirements listed above, staff finds the proposed PUD application to be in compliance as follows:
1. Complies with the Comprehensive Plan and other master plans of the City.
The Comprehensive Plan provides a designation of Medium Density Residential for the Property. The medium density residential designation is intended for both single family detached and single family attached residences. Because single family detached residential uses are included within the description, the removal of the eight duplex residences still provides compliance with the Comprehensive Plan designation. The Comprehensive Plan, Policy 2.8: Neighborhood Structures, notes that residential developments "shall be designed to encourage a mixture of price ranges, provide extensive pedestrian systems and create a range of open space and recreation opportunities." The proposed PUD provides unique lot shapes and sizes coupled with landscaping and architectural requirements above typical standards through the approval of the PUD plan. Thereby providing further compliance with the Comprehensive Plan.
2. Complies with the requirements of the Land Use and Development Code and with the zone district.
Through the internal DRC review process, staff has found that the PUD meets the requirements found in PUD zone district requirements as specified in Section 17-16-110 of the Code, specifically Section 17-16-110.c for PUD Development Standards, Section 17-16-110.d.4 Approval Criteria for PUDs, and Section 17-16-110.d.13 for PUD Submittal Requirements.
3. Provides consistency with the purpose and intent of the Land Use and Development Code.
The PUD meets the purpose and intent of the Land Use and Development Code for the PUD zone district. The PUD provides flexibility for building envelopes to address the uniquely shaped lots while increasing architectural and landscaping requirements above typical requirements for residential development.
4. Provides compatibility with surrounding areas, is harmonious with the character of the neighborhood, and is not detrimental to the immediate area, the future development of the area, or the health, safety, or welfare of the inhabitants of the City.
The proposed PUD remains compatible with the surrounding area, harmonious with the character of the neighborhood, and is not detrimental to the immediate area or the health, safety, or welfare of the citizens of Brighton.
public comment
Notice of the City Council public hearing for zoning (i.e., PUD) was posted on the Property, and mailed to property owners within three hundred feet (300') of the Property, and published in the Brighton Standard Blade on May 13, 2015. No public comments have been received by staff at this time.
PLANNING COMMISSION
The Planning Commission held a public hearing on May 12th to review the proposed rezoning application. Following the public hearing, the Commission voted unanimously to make a recommendation of approval to the City Council for the proposed PUD as drafted. A copy of the Resolution has been attached for reference.
findings
Staff finds the proposed Planned Unit Development application in compliance with the Comprehensive Plan, and the Land Use and Development Code as outlined in this memorandum. Staff finds the proposed application to be compatible with the surrounding area, harmonious with the character of the neighborhood, and not detrimental to the immediate area or the health, safety, or welfare of the citizens of Brighton. Based upon these analysis and findings, staff has prepared a draft Ordinance for the approval of the application.
OPTIONS FOR COUNCIL CONSIDERATION
PUD Rezoning:
· Approve the Ordinance as drafted at first reading;
· Approve the Ordinance with changes at first reading; or
· Deny the Ordinance as drafted at first reading
ATTACHMENTS
· Rezoning Ordinance (Draft) with Exhibits
· Planning Commission Resolution 15-06 with Exhibits
· PUD Plan (18"x24")
· Graphic depicting the area included in the rezoning application