AGENDA #7

 

MEMORANDUM

 

TO: Roger L. Stancil, Town Manager
FROM: J.B. Culpepper, Planning Director
Gene Poveromo, Development Coordinator
DATE: January 8, 2007
SUBJECT: Land Use Management Ordinance Text Amendment Modifications to the Permitted Mix of Uses in the Mixed Use Office/Institutional-1 Zoning District

 

 

PURPOSE

 

Tonight, the Council continues consideration of an application from the October 18, 2006 Public Hearing to amend the Land Use Management Ordinance.  The enactment of the attached ordinance would amend the Land Use Management Ordinance to allow for a change to the Land Use Management Ordinance regarding the permitted uses and ratios of uses in the Mixed Use-Office/Institutional-1 zoning district.

 

BACKGROUND

 

We have received a request to amend the text in Section 3.5 of the Land Use Management Ordinance that would expand the mix and ratio of uses permitted in the Mixed Use Office/Instiutional-1 zoning district. The applicant has requested that clinic uses and the ratio of residential uses be changed and added to the existing mix of office and retail uses in this zoning district. This text amendment accompanies the Residences at Chapel Hill North Phase II Special Use Permit application as described below. If approved, the text amendment would allow residential floor area on the Chapel Hill North site. We believe that the approval of the text amendment would provide for a better mix of uses on the Chapel Hill North site than the office and retail uses that were originally approved.

 

The Town has been asked to approve an application for a Special Use Permit to allow the construction of a multi-family planned development that would consist of 123 dwelling units on a 13-acre site. The accompanying Residences at Chapel Hill North Phase II Special Use Permit application will also be considered. The site is located in the northeast portion of the Chapel Hill North development off Perkins Drive.

 

The 40 acre Chapel Hill North development is encumbered by the 1990 Chapel Hill North Master Land Use Plan. The permitted mix of uses on the site is office and commercial in a ratio of approximately 60 percent and 40 percent respectively. Residential development was not included in the 1990 Master Plan. The applicant for the Residences at Chapel Hill North is proposing to change the mix of uses on the site by adding residential and clinic[1] uses as well as changing the relative ratios of office, commercial, residential, and clinic use. The applicant is requesting that this change to the mix of permitted uses be accomplished by proposing a Text Amendment to Section 3.5 of the Land Use Management Ordinance.

 

On October 18, 2006, the Council held a Public Hearing to receive comments on the proposed amendment to the Land Use Management Ordinance.  A copy of the October 18 memorandum is attached.

 

DISCUSSION

 

We believe that the intent of the application to amend the Land Use Management Ordinance is to achieve a greater variety and mix of uses as well as more compatible ratios of uses on the Chapel Hill North site. We also believe that the currently permitted ratio of 60 percent office development and 40 percent commercial development on this site is not ideal for a true mixed-use development and the related benefits, such as trip reduction. If the text amendment were enacted it would permit an approximate ratio of 23 percent office development (102,713 s.f.), 33 percent retail development (147,807 s.f.), and 44 percent residential development (200,800 s.f.).

 

We believe that the proposed amendment to Section 3.5 the Land Use Management Ordinance will enhance the quality of mixed-use developments for this specific zoning district.

 

There were no issues raised during the October 18 Public Hearing regarding the proposed Land Use Management Ordinance Text Amendment.

 

RECOMMENDATIONS

 

Planning Board Recommendation:  The Planning Board reviewed the proposed Land Use Management Ordinance Text Amendment on October 3, 2006 and October 17, 2006. The Planning Board voted 7-0 to recommend that the Council enact the Ordinance. The Planning Board Summary of Action is attached.

 

Staff Recommendation:  We recommend that the Council enact the Ordinance to amend the text of Subsections 3.5.1(e)(2) and 3.5.1(e)(3)(A-E) of the Land Use Management Ordinance, changing the uses and ratios of uses permitted in the Mixed Use-Office/Institutional-1 (MU-OI-1) zoning district. 

 

The attached draft ordinance indicates recommended text changes by underlines for additions and strikeouts for deletions.

ATTACHMENTS

 

  1. Planning Board Summary of Action (p. 5).
  2. Land Use Management Ordinance Text Amendment Application, Part of The Residences at Chapel Hill North Statement of Justification (p. 6).
  3. October 18 Public Hearing Memorandum (begins new page 1).

[1] Clinic use is defined as, “an establishment used for the care, diagnosis, therapy, or counseling of sick, ailing, inform, or injured persons or non-medical therapy and counseling on an outpatient basis.”