TOWN OF CHAPEL HILL NORTH CAROLINA

Transcription

1 TOWN OF CHAPEL HILL NORTH CAROLINA MEMORANDUM Meeting Date:12/15/2015 TO: FROM: SUBJECT: Planning Commission Mary Jane Nirdlinger, Planning & Sustainability Gene Poveromo, Development Manager Eric Feld, Community Sustainability Planner II Land Use Management Ordinance Text Amendment Higher Density Residential Zoning Districts. Recommended Planning Commission Action That the Planning Commission considers the proposed text amendment to the Land Use Management Ordinance (LUMO) and recommends that the Town Council enact an ordinance that creates new higher density residential zoning districts. Explanation of Recommendation The Land Use Management Ordinance requires the Planning Commission to forward a recommendation to the Council on the proposed text amendment. Key Considerations The proposed LUMOTA would create between one and four new residential zoning districts with floor area ratios, building heights, and unit per acre density numbers greater than the current land use intensities in the Residential-5 and Residential-6 zoning districts. Creating new general use districts would increase the number of available zoning districts in the Town. To apply a new zoning district to a parcel, the Council would need to consider a separate rezoning application. The Town has received an application proposing the crafting of one new higher residential zoning district; staff is offering Council the option to add three additional higher residential districts to the Land Use Management Ordinance (LUMO) zoning table. On May 5, 2008, 1 the Council discussed creating three higher density residential zoning districts in conjunction with the Residences at Grove Park Special Use Permit application. Council did not take action to create new higher density residential zoning districts, but instead directed the staff to create a new zoning district by amending an existing district. 1

2 On November 24, the Council enacted an amendment to the Residential-Special Standards-Conditional zoning district. The amended district increased the permitted floor area and included comprehensive plan findings that supported amongst other things, locating the district within one-quarter mile of downtown and along major thoroughfares (i.e. Martin Luther King Jr. Blvd.). If enacted as proposed, the use of the new residential zoning districts would not be limited to the immediate downtown area, but could be applied to the broader community in areas where the comprehensive plan envisioned higher density. Tonight s proposal is similar to the higher residential density zoning district proposal presented to the Town Council at the May 5, 2008 hearing. Background We anticipate receiving a Special Use Permit application for development of a retirement community, as described by the Concept Plan presented to the Council on April 20, In order for the Council to consider the Special Use Permit, it will be necessary for the Council to create a new definition for independent senior living facility and create a general use zoning district allowing more dwelling units per acre (see accompanying text amendment memorandum). The Council also took the necessary step of amending the Airport Hazard District regulations on November 23, We anticipate that the Council will receive public comments on the independent senior living facility definition and creation of a new zoning district during the February public hearing. Attachments Staff Report Resolution of Consistency With the Comprehensive Plan Ordinance to Enact Text Amendment (Ordinance A Applicant s Proposal) Ordinance to Enact Text Amendment (Ordinance A Staff s Proposal) Resolution Denying the Text Amendment (Resolution A) Applicant s Text Amendment Application f04da2064c47

3 DRAFT PUBLIC HEARING MEMORANDUM TO: FROM: SUBJECT: Roger L. Stancil, Town Manager Mary Jane Nirdlinger, Planning & Sustainability Gene Poveromo, Development Manager Eric Feld, Community Sustainability Planner II Public Hearing: Land Use Management Ordinance Text Amendment Higher Density Residential Zoning Districts DATE: February 15, 2016 PURPOSE Tonight, the Town Council will consider a text amendment to the Land Use Management Ordinance (LUMO) intended to create up to four new residential zoning districts with higher land use intensities and standards that the Residential-5 and Residential-6 districts. INTRODUCTION The town has received an application for a text amendment creating a higher density residential zoning district. To accommodate a request for new and diverse housing options not currently permitted by the LUMO (e.g. independent senior living facility), it will be necessary to amend the list of Conditional Use Districts to include a new higher density residential zoning district.. This memorandum describes that request and offers three additional residential districts for Council consideration. BACKGROUND The Chapel Hill 2020 Comprehensive Plan 1 approved by Council in 2012 includes five big ideas for the future to embody the essence of the comprehensive plan goals and serves to guide the efforts of the Town and the community as Chapel Hill s future is created. One of the big ideas focuses on creating a variety of housing options to promote socioeconomic diversity and providing individuals with the ability to live in Chapel Hill through different stages in their lives. The comprehensive plan also describes a vision of welcoming diverse populations, including those in need of affordable, workforce, and senior housing. In April of this year, the Town received an application from Hawthorn Development LLC (attached) proposing a new higher density residential conditional use district. This application was associated with a proposed development at 700 North Estes Drive (presented as a Concept 1

4 Plan to the Town Council at the April 20, 2015 Business Meeting 2 and the May 4, 2015 Work Session 3 ). The Council considered a similar amendment proposal to create four new higher density residential conditional use districts in 2008, associated with a special use permit application for the Residences at Grove Park. Ultimately, the applicant requested that the Council delay consideration of the four text amendments in favor of seeking an amendment to the Residential- Special Standards-Conditional (R-SS-C) district. Although Council took no action on the four proposed amendment in 2008, we believe that recent updates to the comprehensive plan warrant reconsideration of these new districts. TEXT AMENDMENT SUMMARY Applicant s Proposal: The applicant s proposal would expand the Dimensional Matrix (Table 3.8-1) by inserting a new residential zoning district. This new proposed district is identified as Residential-Higher Density-Conditional 1 (R-HD1-C) as shown in the table below. Staff Proposal: In the interest of providing additional options to complement the low density residential districts in the LUMO (Residential-Low Density 5, Rural Transition, Residential-Low Density-1, and Residential-1A), the staff proposal would insert four new residential zoning districts: Residential-Higher Density-Conditional 1 (R-HD1-C), Residential-Higher Density-Conditional 2 (R-HD2-C), Residential-Higher Density-Conditional 3 (R-HD3-C), and Residential-Higher Density-Conditional 4 (R-HD4-C). The following chart outlines the proposed land use intensity and density standards for each of these new districts: (A) (B) (D) (E) (F) (G) (H) (I) (J) (K) (L) Zoning District Lot Size Maximum Density Frontage Lot Width Maximum Building Height (Primary) Maximum Building Height (Secondary) Street Setback Interior Setback Solar Setback Impervious Surface Ratio Maximum Floor Area Ratio R-HD1-C NA NA /.5/

5 R-HD2-C NA NA /.5/ R-HD3-C NA NA /.5/ R-HD4-C NA NA /.5/ Other Land Use Intensity Standards: In addition to the proposed changes to the Dimensional Matrix, we also recommend the following changes to the Land Use Management Ordinance (with respect to these proposed higher density residential districts): Application of Mixed-Use Village Transitional Controls for setbacks and building heights Recreation Space ratio of 0.50 No minimum landscape bufferyard requirements along arterial and collector roads. We believe that these intensity standards described are appropriate for the proposed higher density districts. We believe the application of Transitional Control standards will help mitigate development impacts on existing residentially-zoned districts. We also believe that the urban streetscape and architectural design typically associated with higher density residential development provides sufficient justification to not mandate suburban-style landscape buffers along arterial and collector roads. Parking lot screening requirements would apply. Conditional Use Districts: In Chapel Hill, a rezoning may be requested in two ways: general use and conditional use rezoning requests. A general use rezoning request is 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 to allow development and uses only with approval of a Special Use Permit. We recommend that the proposed higher density districts should be established as conditional use districts. A conditional use rezoning request would allow development and uses only with approval of a Special Use Permit. Applications for a conditional use zoning application are typically submitted with an associated Special Use Permit application. TEXT AMENDMENT DETAILS 1) Lot Size: The proposed higher density zoning districts do not include a minimum lot size requirement. Although we anticipate that requests to rezone property for developments associated with this zoning district will likely involve properties large enough for construction of a multi-family development, our preliminary recommendation does not include a minimum lot size. 2) Maximum Density: The proposed higher density zoning districts do not include a maximum density for dwelling units. The Dimensional Matrix includes several zoning districts that do not specify a maximum density cap for dwelling units (Town Center, Residential Special Standards, Office/Institutional-2 and -3, Mixed Use Office/Institutional and Mixed-Use Residential). We believe that the proposed higher density zoning district is similar in some respects to the residential land use intensities

6 associated with these zoning districts and therefore our preliminary recommendation does not include a maximum density for dwelling units. Without a density restriction, development intensity is regulated primarily through floor area restrictions. We believe that not providing a maximum density standard could result in a greater number and variety in the types and sizes of dwelling units, including affordable dwellings. 3) Frontage and Lot Width: The proposed zoning districts include minimum frontage and minimum lot width similar to the Residential-4, Residential-5 and Residential-6 zoning districts. We believe this standard is also appropriate for the proposed higher density zoning districts; however, there may be some situations (near Town Center, for example) where this standard cannot be met. In these circumstances a modification to the regulations may be appropriate. 4) Primary and Secondary Building Heights: The proposed zoning districts include primary and secondary building heights that are greater than the Residential-6 height limits. The recommended height limits for the proposed zoning districts and the R-6 height limits are compared below. Zoning District Primary Building Height Secondary Building Height R Proposed Districts and Building Heights R-HD1-C R-HD2-C R-HD3-C R-HD4-C Due to the mid-rise development (four to eight story buildings), we anticipate if the Council chooses to apply the proposed higher density zoning districts, we believe the above recommended building heights are reasonable and appropriate for each of the zoning districts. For sites located within a proposed higher density district that are adjacent to residentially-zoned property, our preliminary recommendation is that the Transitional Control for building heights (Section 3.8.4) of the Land Use Management Ordinance apply. The Transitional Control standards are briefly discussed later in this memorandum. 5) Street, Interior, and Solar Setbacks: Our preliminary recommendation is for street, interior and solar setbacks of 10, 6, and 8 feet respectively. We believe this standard is appropriate for the proposed higher density zoning districts; however, there

7 may be some situations where this standard cannot be met. In these circumstances a modification to the regulations may be appropriate. For properties that may be located within the proposed higher density districts that are adjacent to residentially-zoned property, our preliminary recommendation is that the Transitional Control for setbacks (Section 3.8.4) of the Land Use Management Ordinance applies. 6) Building Envelope: Our preliminary recommendation is that the height of a structure located in the residential high-density district may exceed the primary height limitation established in the dimensional matrix provided that for each foot the height of such structure exceeds the primary height limitation, the minimum street and interior setbacks applicable to that portion of the structure exceeding the primary height limitation shall be increased by one foot, and the minimum solar setback applicable to that portion of the structure exceeding the primary height limitation shall be increased by one and seventenths (1.7) feet. This dimensional standard is also applicable in the town center, mixed use zoning districts, office/institutional-3, and office/institutional-4 zoning districts. 7) Impervious Surface Ratio: We recommend the impervious surface ratios of 0.24 (low density option), 0.5 (high density option) and 0.7 (mixed-use outside the Watershed District) that currently apply to zoning districts also apply to the proposed higher density districts. 8) Maximum Floor Area Ratio: Maximum floor area ratio and maximum density for the current residential zoning districts is shown in the below table: Zoning District Maximum Floor Area Ratio Maximum Density (per acre) R-LD RT R-LD R-1A R R-2A R R R

8 R R As the maximum density and floor area ratio increases from district to district, the relationship between the floor area ratio and density in each district remains at an approximate ratio of 1 to 4 (floor area ratio to density). In proposing the higher density residential zoning districts, our recommendation is to consider floor area ratios that would hypothetically respect this 1 to 4 relationship if each district was subject to the density limits as shown in the table below. Proposed Zoning District Proposed Maximum Floor Area Ratio Hypothetical Maximum Density (per acre) R-HD1-C R-HD2-C R-HD3-C R-HD4-C We believe that the creation of new residential zoning districts, with floor area ratios greater than 1.0, is reasonable. Although we do not recommend maximum density standards for the higher density districts, we believe the above example illustrates an approach to recommending floor area ratios that is compatible with the current residential zoning intensity standards. PROCESS The request to define and regulate independent senior living facility as a permitted use is being proposed as a Land Use Management Ordinance text amendment. The Land Use Management Ordinance requires the Town Manager to: 1) conduct an evaluation of the proposed text amendment; 2) present a report to the Planning Commission; 3) hold a public hearing; and 4) present a report and recommendation to the Town Council.

9 Town Formulation of Land Use Management Ordinance Text Amendment Proposal Report Presented to Planning Commission Report and Recommendation presented to Town Council, Open Public Hearing Continue Public Hearing, Close Hearing, Council Action ANALYSIS OF THE PROPOSAL Article 4.4 of the Land Use Management Ordinance 4 (Appendix A of the Town Code) establishes the intent of Zoning Amendments (including both atlas and text amendments to the Ordinance) 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. 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. Following is a staff response to the three required considerations: A) To correct a manifest error in the appendix: Staff Comment: We believe the information in the record to date can be summarized as follows: Argument in Support: To date no arguments in support have been submitted. Argument in Opposition: To date no arguments in opposition have been submitted. B) 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: 4 PR_4.4ZOAM

10 Argument in Support: Chapel Hill Land Use Management Ordinance currently addresses very limited senior housing needs. As a result of the growing senior housing demand, senior housing providers have expanded their services with many options to meet the needs and interests of our growing senior population. Limiting the land use definitions to only Adult Day Care Facility and Group Care Facility (or Assisted Living and Nursing Home) no longer meets senior housing needs. Senior housing demands, at all levels, will continue to increase and the Adult Day Care Facility and Group Care Facility housing option will continue to be a part of the senior housing mix that is meeting the growing demands for senior housing in Chapel Hill, North Carolina, and throughout the nation. Excerpt from the applicant s statement of justification Argument in Opposition: To date no arguments in opposition have been submitted. C) To achieve the purposes of the Comprehensive Plan. Staff Comment: We believe the information in the record thus far can be summarized as follows: Argument in Support: We believe that the proposed text amendment can be justified to achieve the purposes of the goals and objectives from the Comprehensive Plan. The following are themes from the 2020 Comprehensive Plan, adopted June 25, 2012: Conforms No Comprehensive Plan Themes 1 A Place for Everyone 2 Community Prosperity and Engagement 3 Getting Around 4 Good Places, New Spaces 5 Nurturing Our Community 6 Town and Gown Collaboration Based on our preliminary review, we believe that the Council could make the finding that the proposed text amendment is in compliance with the Comprehensive Plan. Relevant goals and objectives in the Comprehensive Plan include, but are not limited to: A Place for Everyone Family-friendly, accessible exterior and interior places throughout the town for a variety of active uses (Goal PFE.1) A range of housing options for current and future residents (Goal PFE.3) A welcoming and friendly community that provides all people with access to opportunities (Goal PFE.4) Community Prosperity and Engagement Balance and sustain finances by increasing revenues and decreasing expenses (Goal CPE.1) Promote a safe, vibrant, and connected (physical and person) community (Goal CPE.3)

11 Getting Around Incorporate street planning into zoning code (GA.7) Good Places, New Spaces A development decision-making process that provides clarity and consistency with the goals of the Chapel Hill 2020 comprehensive plan (Goal GPNS.3) A range of neighborhood types that addresses residential, commercial, social, and cultural needs and uses while building and evolving Chapel Hill s character for residents, visitors, and students (Goal GPNS.5) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) Nurturing Our Community Protect neighborhoods from the impact of development such as stormwater runoff, light and noise pollution, and traffic (NOC.8) Argument in Opposition: To date no arguments in opposition have been submitted. RECOMMENDATIONS Planning Commission Recommendation: We will provide the Council with the Commission s recommendation once it becomes available. Preliminary Staff Recommendation: Our preliminary recommendation is that the Council: (1) Receive comments from the public on the proposed Land Use Management Ordinance Text Amendment; (2) Receive the staff s report and presentation on the proposed text amendment; and (3) Continue the public hearing to the Council Business Meeting on March 21, 2016.

12 ATTACHMENT RESOLUTION A (Enacting the Land Use Management Ordinance Text Amendment proposal) A RESOLUTION REGARDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE AMENDMENT TO ESTABLISH HIGHER DENSITY RESIDENTIAL ZONING DISTRICTS AND CONSISTENCY WITH THE COMPREHENSIVE PLAN (2016-_-_/ WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance (LUMO) to establish higher density residential zoning districts; and WHEREAS, the Council further finds that the amendment, if enacted, is reasonable and in the public s interest and warranted, to achieve the purposes of the Comprehensive Plan as explained by, but not limited to, the following goals of the Comprehensive Plan: Family-friendly, accessible exterior and interior places throughout the town for a variety of active uses (Goal PFE.1) A range of housing options for current and future residents (Goal PFE.3) A welcoming and friendly community that provides all people with access to opportunities (Goal PFE.4) Balance and sustain finances by increasing revenues and decreasing expenses (Goal CPE.1) Promote a safe, vibrant, and connected (physical and person) community (Goal CPE.3) A development decision-making process that provides clarity and consistency with the goals of the Chapel Hill 2020 comprehensive plan (Goal GPNS.3) A range of neighborhood types that addresses residential, commercial, social, and cultural needs and uses while building and evolving Chapel Hill s character for residents, visitors, and students (Goal GPNS.5) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby finds the proposed text amendment to be reasonable and consistent with the Town Comprehensive Plan. This the day of, 2016.

13 ATTACHMENT Applicant s Proposal ORDINANCE A (Enacting the Land Use Management Ordinance Text Amendment) AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REQUIREMENTS TO ESTABLISH HIGHER DENSITY RESIDENTIAL ZONING DISTRICTS WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance (LUMO) to establish higher density residential zoning districts; and WHEREAS, the Council further finds that the amendment, if enacted, is reasonable and in the public s interest and warranted, to achieve the purposes of the Comprehensive Plan as explained by, but not limited to, the following goals of the Comprehensive Plan: NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows: Section 1. Subsection 3.4 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows: 3.4 Conditional Use Districts For the TC-1, TC-2, TC-3, CC, NC, OI-1, I, R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, R-LD1, and R-LD5 districts hereinabove described, there are hereby established parallel conditional use districts designated TC-1-C, TC-2-C, TC-3C, CC-C, NC-C, 0I-2-C, 0I-1- C, I-C, R-6-C, R-5-C, R-4-C, R-3-C, R-2-C, R-2A-C, R-1-C, R-1A-C, R-LD1-C, and R- LD5-C pursuant to North Carolina General Statutes 160A-382. Under each conditional use district, all uses allowed as a permitted use or special use by section 3.7, Table (Use Matrix), for the parallel general use district are permitted only upon issuance of a Special Use Permit by the Town Council pursuant to section 4.5 of this appendix. A residential-special standards-conditional (R-SS-C) district and residential-high densityconditional districts (R-HD1-C) are hereby established, pursuant to North Carolina General Statutes Section 160A-382. Uses allowed in this district shall be those described in section 3.7 and Table (Use Matrix) of this appendix, and are permitted only upon issuance of a Special Use Permit by the Town Council pursuant to section 4.5. (Ord. No /O-5, 2)

14 Section 2. That the first two rows of Table of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows: Table 3.7-1: Use Matrix General Use Zoning District Planned Development (PD-) U s e s Use Group R-LD5 RT R-LD1 R-1A R-1 R-2 R-2A R-3 R-4 R-5 R-6, RH-D1-C R-SS-C TC-1, TC-2, TC-3 CC NC OI-1 OI-2 OI-3 OI-4 I MH H SC(N) SCI OI MU I Section 3. That Table of the Chapel Hill Land Use Management Ordinance is amended to include the four following zoning districts: Table 3.8-1: Dimensional Matrix (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) Zoning District Lot Size Maximum Density Frontage Lot Width Maximum Building Height (Primary) Maximum Building Height (Secondary) Street Setback Interior Setback Solar Setback Impervious Surface Ratio Maximum Floor Area Ratio R-HD1-C NA NA /.5/ Section 4. That the fourth paragraph under Columns (F) and (G) in the Rules for Interpretation of Table are hereby revised to read as follows: In the residential-high density-conditional, town center, mixed use zoning districts, office/institutional-3, and office/institutional-4 zoning districts, the height of a structure may exceed the primary height limitation established in the dimensional matrix provided that for each foot the height of such structure exceeds the primary height limitation, the minimum street and interior setbacks applicable to that portion of the structure exceeding the primary height limitation shall be increased by one foot, and the minimum solar setback applicable to that portion of the structure exceeding the primary height limitation shall be increased by one and seven-tenths (1.7) feet. Section 5. Subsection 3.8.4(b) of the Chapel Hill Land Use Management Ordinance hereby revised to read as follows: Subsection 3.8.4(b) Transitional Control Intensity Modifications

15 (b) In all residential-high density-conditional (R-HD-C) zoning districts, nonresidential zoning districts and planned developments R-HD1-C, TC-1, TC-2, TC-3, CC, NC, 0I-3, 0I 2, 0I-1, I PD-SC, PD-0I and PD-I), the following setback and height regulation modifications shall apply: (1) street setback across a street from residentially zoned land shall be equal to the street setback applicable in the residential district across the street. Except when R-HD-C, MU-V development is separated from the residential district by an arterial street with a right-of-way of one hundred (100) feet or greater, in which case the setbacks of the underlying zoning district would apply. Section 6. Subsection 5.5.2(g) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows: (g) Multi-family Dwelling Units Active, improved space (either indoors or outside) shall be provided for the common active recreational use of residents of multi-family developments. For sites that abut or include areas designated as future greenways in the Town s Comprehensive Plan, land dedicated for a public pedestrian and non-motorized vehicle easement or deeded to the Town along the greenway may be substituted for required improved recreation space. The minimum size of such active recreation space shall be the number of square feet derived by multiplying gross land area of the development by the applicable ratio shown below: Zoning Districts Recreation Space Ratio TC-1, TC-2, TC CC.046 NC.039 OI OI I.032 R-HD1-C,.050 R-SS-C, R-6, R-5 R R R-2, R-2A, R R-1A.022 R-LD1.020 All Others.015

16 Section 7. Subsection of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows: Table Schedule of Required Buffers Proposed Principal Use Adjacent* Existing Principal Use# Major Subdivision creating lots for single or two-family dwellings or Class A mobile home Any Residential-High Density Conditional Zoning District Any other principal use in Use Group A, except essential services Any principal use in Use Group B Automotive repair, maintenance and/or storage facility, light manufacturing, supply yard Any principal use in Use Group C other than the above B Dwellings, single-family or two-family, Class A Mobile Home -- B C D C Any other principal use in Use Group A, except Essential Services B B B C D C Interstate Highway E E E E E E Railroad, non-interstate, Arterial Street D -- D D D D Collector Street C -- D C C C Any use in Use Group B C C C B C B Automotive Repair, Maintenance and/or Storage Facility, Light D D Manufacturing, Supply Yard D C B B Any other use in Use Group C C C C B B B Adjacent* Vacant Land Zoning: R-LD5, RT, R-LD1 B -- R-1, R-2, R-3 B C D C R-4, R-5, R-6, R-HD1-C B B B C D C OI-1, OI-2 C C C B C B I D D D C B B NC, CC, OI-3, TC-1, TC-2, TC-3 C C C B B B Section 8. That the amendments shall become effective upon enactment. This the day of, 2016.

17 ATTACHMENT ORDINANCE B - Staff s Proposal (Enacting the Land Use Management Ordinance Text Amendment) AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REQUIREMENTS TO ESTABLISH HIGHER DENSITY RESIDENTIAL ZONING DISTRICTS WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance (LUMO) to establish higher density residential zoning districts; and WHEREAS, the Council further finds that the amendment, if enacted, is reasonable and in the public s interest and warranted, to achieve the purposes of the Comprehensive Plan as explained by, but not limited to, the following goals of the Comprehensive Plan: NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows: Section 1. Subsection 3.4 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows: 3.4 Conditional Use Districts For the TC-1, TC-2, TC-3, CC, NC, OI-1, I, R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, R-LD1, and R-LD5 districts hereinabove described, there are hereby established parallel conditional use districts designated TC-1-C, TC-2-C, TC-3C, CC-C, NC-C, 0I-2-C, 0I-1- C, I-C, R-6-C, R-5-C, R-4-C, R-3-C, R-2-C, R-2A-C, R-1-C, R-1A-C, R-LD1-C, and R- LD5-C pursuant to North Carolina General Statutes 160A-382. Under each conditional use district, all uses allowed as a permitted use or special use by section 3.7, Table (Use Matrix), for the parallel general use district are permitted only upon issuance of a Special Use Permit by the Town Council pursuant to section 4.5 of this appendix. A residential-special standards-conditional (R-SS-C) district and residential-high densityconditional districts (R-HD1-C, R-HD2-C, R-HD3-C, R-HD4-C) are hereby established, pursuant to North Carolina General Statutes Section 160A-382. Uses allowed in this district shall be those described in section 3.7 and Table (Use Matrix) of this appendix, and are permitted only upon issuance of a Special Use Permit by the Town Council pursuant to section 4.5. (Ord. No /O-5, 2)

18 Section 2. That the first two rows of Table of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows: Table 3.7-1: Use Matrix General Use Zoning District Planned Development (PD-) U s e s Use Group R-LD5 RT R-LD1 R-1A R-1 R-2 R-2A R-3 R-4 R-5 R-6, RH-D1-C, RH-D2-C RH-D3-C, RH-D4-C R-SS-C TC-1, TC-2, TC-3 CC NC OI-1 OI-2 OI-3 OI-4 I MH H SC(N) SCI OI MU I Section 3. That Table of the Chapel Hill Land Use Management Ordinance is amended to include the four following zoning districts: Table 3.8-1: Dimensional Matrix (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) Zoning District Lot Size Maximum Density Frontage Lot Width Maximum Building Height (Primary) Maximum Building Height (Secondary) Street Setback Interior Setback Solar Setback Impervious Surface Ratio Maximum Floor Area Ratio R-HD1-C NA NA /.5/ R-HD2-C NA NA /.5/ R-HD3-C NA NA /.5/ R-HD4-C NA NA /.5/ Section 4. That the fourth paragraph under Columns (F) and (G) in the Rules for Interpretation of Table are hereby revised to read as follows: In the residential-high density-conditional, town center, mixed use zoning districts, office/institutional-3, and office/institutional-4 zoning districts, the height of a structure may exceed the primary height limitation established in the dimensional matrix provided that for each foot the height of such structure exceeds the primary height limitation, the minimum street and interior setbacks applicable to that portion of the structure exceeding the primary height limitation shall be increased by one foot, and the minimum solar setback applicable to that portion of the structure exceeding the primary height limitation shall be increased by one and seven-tenths (1.7) feet.

19 Section 5. Subsection 3.8.4(b) of the Chapel Hill Land Use Management Ordinance hereby revised to read as follows: Subsection 3.8.4(b) Transitional Control Intensity Modifications (b) In all residential-high density-conditional (R-HD-C) zoning districts, nonresidential zoning districts and planned developments R-HD1-C, R-HD2-C, R-HD3-C, R-HD-4-C TC-1, TC-2, TC-3, CC, NC, 0I-3, 0I 2, 0I-1, I PD-SC, PD-0I and PD-I), the following setback and height regulation modifications shall apply: (1) street setback across a street from residentially zoned land shall be equal to the street setback applicable in the residential district across the street. Except when R-HD-C, MU-V development is separated from the residential district by an arterial street with a right-of-way of one hundred (100) feet or greater, in which case the setbacks of the underlying zoning district would apply. Section 6. Subsection 5.5.2(g) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows: (g) Multi-family Dwelling Units Active, improved space (either indoors or outside) shall be provided for the common active recreational use of residents of multi-family developments. For sites that abut or include areas designated as future greenways in the Town s Comprehensive Plan, land dedicated for a public pedestrian and non-motorized vehicle easement or deeded to the Town along the greenway may be substituted for required improved recreation space. The minimum size of such active recreation space shall be the number of square feet derived by multiplying gross land area of the development by the applicable ratio shown below: Zoning Districts Recreation Space Ratio TC-1, TC-2, TC CC.046 NC.039 OI OI I.032 R-HD1-C,.050 R-HD2-C, R-HD3-C, R-HD4-C R-SS-C, R-6, R-5

20 R R R-2, R-2A, R R-1A.022 R-LD1.020 All Others.015 Section 7. Subsection of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows: Table Schedule of Required Buffers Proposed Principal Use Adjacent* Existing Principal Use# Major Subdivision creating lots for single or two-family dwellings or Class A mobile home Any Residential-High Density Conditional Zoning District Any other principal use in Use Group A, except essential services Any principal use in Use Group B Automotive repair, maintenance and/or storage facility, light manufacturing, supply yard Any principal use in Use Group C other than the above B Dwellings, single-family or two-family, Class A Mobile Home -- B C D C Any other principal use in Use Group A, except Essential Services B B B C D C Interstate Highway E E E E E E Railroad, non-interstate, Arterial Street D -- D D D D Collector Street C -- D C C C Any use in Use Group B C C C B C B Automotive Repair, Maintenance and/or Storage Facility, Light D D Manufacturing, Supply Yard D C B B Any other use in Use Group C C C C B B B Adjacent* Vacant Land Zoning: R-LD5, RT, R-LD1 B -- R-1, R-2, R-3 B C D C R-4, R-5, R-6, R-HD1-C, R-HD2-C, R-HD3-C, R-HD4-C B B B C D C OI-1, OI-2 C C C B C B I D D D C B B NC, CC, OI-3, TC-1, TC-2, TC-3 C C C B B B Section 8. That the amendments shall become effective upon enactment. This the day of, 2016.

21 RESOLUTION A (Approving the Land Use Management Text Amendment proposal Applicant s Proposal) A RESOLUTION DENYING A PROPOSAL FOR A LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENT TO ESTABLISH HIGHER DENSITY RESIDENTIAL ZONING DISTRICTS (2016-_-_/R-#) WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance (LUMO) to establish higher density residential zoning districts and fails to find that the amendment: a) corrects a manifest error in the chapter, or b) is justified because of changed or changing conditions in the area of the rezoning site or the community in general, or c) achieves the purposes of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the proposal to amend the Land Use Management Ordinance to establish higher density residential zoning districts. This the day of, 2016.

22 ZONING ATLAS AMENDMENT APPLICATION TOWN OF CHAPEl Hill Planning Department 405 Martin l uther King Jr. Blvd phone (919) fax (919) pelhill.org Parcel Identifier Number (PIN): Date: 4/17/15 Project Name: Property Address: Zip Code: Use Groups {A, B, and/or C): Existing Zoning District: Project Description: Text Amendment to the Town of Chapel Hill land Use Ordinance adding the Zoning District of R-HD!-C, Residential High Density- Conditional Applicant Information (to whom correspondence will be mailed) Name: Mark Lowen obo Hawthorn Development LLC Address: 3150 Kettle Ct SE City: Salem State: OR Zip Code: Phone: markl@lenityarchitecture.com The undersigned applicant hereby certifi at, to the best of his knowledge and belief, all information supplied with this application is tru Signature: Date: LJ /;7 /;5 Owner/Contract Purchaser Information: 0 Owner 0 Contract Purchaser Name: Address: City: State: Zip Code: Phone: The undersigned applicant hereby certifies that, to the best of his knowledge and belief, all information supplied with this application is true and accurate. Signature: Date: Revised Page 1 of 2 Parcel Identifier Number (PIN):

23 ZONING ATLAS AMENDMENT APPLICATION SUBMITTAL REQUIREMENTS TOWN OF CHAPEL HILL Planning Department The following must accompa ny your application. Failure to do so will result in your application being considered incomplete. For assistance with this application, please contact the Chapel Hill Planning Department (Planning) at (919) or at For detailed information, please refer to the Description of Detailed Information handout. X Application fee (refer to fee schedule} Amount Paid$ l.. $1_1_9_9.1 X X N/A Pre-Application Meeting - with appropriate staff Digital Files- provide digital files of all plans and documents Mailing list of owners of property within 1,000 feet perimeter of subject property (see GIS notification tool) N/A Mailing fee for above mailing list Amount Paid$ I N/A I X x N/A N/A N/A N/A Written Narrative describing the proposal Statement of Justification Digital photos of site and surrounding properties Legal description of property to be rezoned Phasing Plan (if applicable) indicating phasing boundaries and phasing notes Reduced Site Plan Set (reduced to 8.S"xll") Plans should be legible and clearly drawn. All plan sets sheets should include the following: Project Name Legend Labels North Arrow (North oriented toward top of page) Property Boundaries with bearing and distances Scale (Engineering), denoted graphically and numerically Setbacks Streams, RCD Boundary, Jordan Riparian Buffer Boundary, Floodplain, and Wetlands Boundary, where applicable a) b) c) d) e) Project name, applicant, contact information, location, PIN, & legend Dedicated open space, parks, greenways Overlay Districts, if applicable Property lines, zoning district boundaries, land uses, project names of site and surrounding properties, significant buildings, corporate limit lines 1,000 foot notification boundary Revised Page 2 of 2 Parcel Identifier Number (PIN):

24 PROPOSAL DESCRIPITON AND STATEMENT OF JUSTIFICATION FOR THE APPLICAITON FOR A TEXT AMENDMENT CREATING THE ZONING CLASSIFICAITON RESIDNETIAL HIGH DENISTY CONDITIONAL DISTRCIT ONE (R-HD1-C) Introduction This is a request for a text amendment to the current Land Use Management Ordinance in the Town of Chapel Hill creating a zoning designation that protects residential uses while allowing for more intensive uses to accommodate the changing demand for housing and aide in achieving the purposes set out in the Comprehensive Plan. Background: The proposed R-HD1- C zoning has been a consideration since 2008 understanding that having residential higher density, conditional use zoning designation(s) will be a part of the solution to allow higher floor area ratios associated with Resource Conservation District(s). Goals and Objectives: Central to the creation of this Zoning District is to create a higher density residential zoning district as a positive addition to the Land Use Management Ordinance. The creation of new residential higher density zoning districts would complement and complete the current low density and residential low density ordinance. The original framework of the Chapel Hill Land Use Management Ordinance addresses basic residential one through six districts and later Council action established several low density RLD residential zoning districts. The establishment of higher density HD zones would create a bookend to their lower density LD zoning completing the residential zoning spectrum for Chapel Hill. Higher density conditional use zoning districts and the higher density zoning would provide additional tools in the Council s for smart growth and sustainable development, while addressing and protecting community concerns. This is accomplished by creating higher density conditional use zones that allows for ample community input. This input can be considered and factored in to the land use decision process since it is applied at the Council s discretion. Residential High Density Zone would also address concerns such as; allowable intensities, building height limits, floor area ratios open space standards to name a few. Justification: Amending the Land Use Management Ordinance to include zoning would establish residential higher density zones but would not apply them to any property and if established, the zoning districts could be considered for application to a particular piece of property Kettle Court SE Salem, OR P f w lenityarchitecture.com ARCHITECTURE & PLANNING

25 ARTICLE 4.4 ZONING AMENDMENTS The Article 4.4 of the Land Use Management Ordinance defining zoning may be amended only by the Chapel Hill Town Council for several defined purposes. The Chapter may be amended a) to correct a manifest error in the Chapter, or b) because of changed or changing conditions in the area or jurisdiction generally, or c) to achieve the purposes of the comprehensive plan. The following information is provided in support of findings b and c above. b) Changed or changing conditions in the area or jurisdiction generally: Looking at growth within the urban surface boundary and from the LUMO the 2008 projection of a 50 percent population growth by 2028 is well under way this projection covered only the Town of Chapel Hill did not include areas outside of the Town of Chapel Hill. Residential demand at all levels will continue to increase and higher density housing options will make advances in meeting the growing demands for Senior Housing, Student Housing as well as the overall housing needs for the Greater Chapel Hill area. Increased densities allow for the multiplication of benefits without the demand for massive new infrastructure, as well as saving energy, materials and tax dollars. Smart sustainable growth can also contribute to generating new revenue through and increased tax base. By fostering development in Town of Chapel Hill, vehicle trips are generally reduced or eliminated by better proximity to Town jobs and mass transportation reducing the related environmental issues. c) To achieve the purposes of the Comprehensive Plan: The Chapel Hill Comprehensive Plans 2000 & 2020 included many themes, goals and strategies and this proposed addition of a high density residential conditional zoning district to the Chapel Hill zoning ordinance supports and will assist in achieving many of the purposes set out in the Comprehensive Plans. In specific the following themes relate directly: CHAPEL HILL 2020 COMPREHENSIVE PLAN The Chapel Hill 2020 Comprehensive Plan articulated in Chapter 3: Themes and Goals, values that are important to the community. The Chapel Hill Retirement Residence will meet or exceed these goals as well as those expressed in the previous 2000 Comprehensive Plan all as described below. A Place for everyone: A range of housing options for current and future residents (PFE.3) By adding a high density / conditional use zoning option to Chapel Hill Land Use Ordinance it broadens options for residential development, i.e. Senior, Campus and other high density options, while maintaining local input and case by case review and control for this facet of development Kettle Court SE Salem, OR P f w lenityarchitecture.com ARCHITECTURE & PLANNING 2 of 4

26 Community Prosperity and engagement: Promote a safe, vibrant, and connected (physical and person) community (CPE.3) Residential Developments within the existing community as adjacent and/or in fill sites when properly designed through the conditional use process can provide opportunities for community space, connectivity, and other amenities to Promote a safe, vibrant, and connected (physical and person) community. Getting Around: A connected community that links neighborhoods, businesses, and schools through the provision of greenways, sidewalks, bike facilities, and public transportation (GA.2); Connect to a comprehensive regional transportation system (GA.3); a transportation system that accommodates transportation needs and demands while mitigating congestion and promoting air quality, sustainability, and energy conservation (GA.6) Locating on high density residential parcels near easy access to the Chapel Hill Transit System will attract residents most likely to utilize the transit system. Providing the obvious benefits reduced tip count, fuel and emissions savings. Considering possible access to or near existing future portions of the Chapel Hill Bicycle / Pedestrian Trail Network can add to the transposition options as well as adding to local recreational opportunities for the site. Nurturing Our Community: Maintain and improve air quality and water quality, and manage stormwater to heal local waterways and conserve biological ecosystems within the town boundaries and the Extra Territorial Jurisdiction (NOC.2); Support the Parks and Recreation Master Plan and the Greenways Master Plan to provide recreation opportunities and ensure safe pedestrian and bicycle connections (NOC.4); Protect neighborhoods from the impact of development such as stormwater runoff, light and noise Pollution, and traffic (NOC.8) Current Stormwater management standards will apply to the high density residential designation and within the RHD1-C Ordinance the open spaces and impervious areas addressed. Additional consideration could be reviewed through the Conditional Use process. CHAPEL HILL 2000 COMPREHENSIVE PLAN The Chapel Hill Retirement Residence is also consistent with principals of the Chapel Hill 2000 Comprehensive Plan. These provisions are described in the following text. Maintain the Urban Services/Rural Buffer Boundary: By including higher density residential zoning within the Town s Urban Services/Rural Boundaries the town can better providing residents with convenient access to essential service via alternative modes (public transit and pedestrian options) of transportation. Conserve and protect existing neighborhoods: The conditional use component of the high density residential zoning approval process will allow for town and community review and input. This process will allow for the vetting of use and design concern by the Chapel Hill staff and leadership as well as the community at large Kettle Court SE Salem, OR P f w lenityarchitecture.com ARCHITECTURE & PLANNING 3 of 4