WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance regarding modification to the requirements for uses and the intensity of uses in the Town Center-3 zoning district and finds that the amendments are warranted in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Subsection 3.3.1 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
The Town Center (TC) districts are intended to provide for the development of the commercial, service, and social center of Chapel Hill while maintaining its character, its pedestrian-oriented scale, and its nature as a concentration of business, administrative, financial, governmental, and support functions serving the community; and to encourage further residential development in the central area of Chapel Hill. The zoning regulations for the TC districts are designed to achieve the following objectives:”
Section 2. Subsection 3.4 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
“For the TC-1, TC-2, TC-3, CC, NC, 0I-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-3-C, 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 3.7-1 (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 Chapter.”
Section 3. Table 3.8-1 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
|
(A) |
(B) |
(C) |
(D) |
(E) |
(F) |
(G) |
(H) |
(I) |
(J) |
(K) |
(L) |
|
Zoning District |
Minimum Lot Size |
Maximum Density |
Minimum Frontage |
Minimum Lot Width |
Maximum Building Height (Primary) |
Maximum Building Height (Secondary) |
Minimum Street Setback |
Minimum Interior Setback |
Minimum Solar Setback |
Impervious Surface Ratio |
Maximum Floor Area Ratio |
|
TC-3 |
N/A |
N/A |
12 |
15 |
44 |
120 |
0 |
0 |
0 |
N/A |
4.0 |
Section 4. Subsection 3.8.4(b) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
“In all nonresidential zoning districts and planned developments (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) Minimum street setback across a street from residentially zoned land shall be equal to the street setback applicable in the Residential district across the street,.
(2) Minimum interior setback adjacent to residentially zoned land shall be equal to the interior setback applicable in the adjacent Residential district.
(3) Minimum solar setback adjacent to residentially zoned land shall be equal to the solar setback applicable in the adjacent Residential district.
(4) The primary height limitation applicable at any of the modified setbacks identified in (1) – (3) above shall not exceed thirty-five (35) feet.”
Section 5. Subsection 3.9.2 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
Severable development rights may be exercised only in conjunction with the development or subdivision of any parcel of land that is located in a receiving district. A parcel of land which receives developments rights pursuant to this Section shall be referred to as a “receiving district.” The following districts are hereby designed as receiving districts for purposes of transferring severable development rights:
TC-1, TC-2, TC-3 Town Center Districts
Section 6. Subsection 4.3.1 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
(1) An application that meets any of the minimum thresholds established in subsections (1) or (2), below, shall require Town Council review as provided in Section 4.3.2, below, in addition to Community Design Commission review:
|
Thresholds (minimum) |
TC-1, TC-2, TC-3 Zoning Districts |
All Other Zoning Districts |
|
Land Area |
15,000 square feet |
5 acres |
|
Floor Area |
20,000 square feet |
100,000 square feet |
|
Dwelling Units |
35 dwelling units |
50 dwelling units |
Section 7. Subsection 5.5.2(g) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
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-3 |
.120 |
|
CC |
.046 |
|
NC |
.039 |
|
OI-2 |
.046 |
|
OI-1 |
.046 |
|
I |
.032 |
|
R-SS-C, R-6, R-5 |
.050 |
|
R-4 |
.039 |
|
R-3 |
.032 |
|
R-2, R-2A, R-1 |
.025 |
|
R-1A |
.022 |
|
R-LD1 |
.020 |
|
All Others |
.015” |
Section 8. Table 5.6.6-1 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
|
Adjacent* Existing Principal
Use |
Proposed Principal Use |
||||
|
Major Subdivision creating lots for single or two-family dwellings or Class A mobile home |
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 |
|
|
Adjacent* Vacant Land Zoning: |
|
|
|
|
|
|
R-LD5, RT, R-LD1 R-1, R-2, R-3 |
-- |
B |
C |
D |
C |
|
R-4, R-5, R-6 |
B |
B |
C |
D |
C |
|
OI-1, OI-2 |
C |
C |
B |
C |
B |
|
I |
D |
D |
C |
B |
B |
|
NC, CC, OI-3, TC-1, TC-2, TC-3 |
C |
C |
B |
B |
B” |
Section 9. Subsection 5.9.7 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
|
|
Minimum Number of Vehicular Parking Spaces
|
|
|
Use |
TC-1, TC-2 and TC-3 Districts |
Districts other than TC and OI-3 |
|
Automotive, trailer, and farm implement sales or rental |
1 per 500 sq. ft. of enclosed exhibit area |
1 per 500 sq. ft. of enclosed exhibit area |
|
Bank |
1 per 400 sq. ft. of floor area |
1 per 350 sq. ft. of floor area |
|
Business, convenience Restaurant |
1 per 400 sq. ft. of floor area |
1 per 4 seats |
|
Other convenience business |
1 per 400 sq. ft. of floor area |
1 per 250 sq. ft. of floor area |
|
Business, general |
1 per 400 sq. ft. of floor area |
1 per 250 sq. ft. of floor area |
|
Business, office-type |
1 per 400 sq. ft. of floor area |
1 per 350 sq. ft. of floor area |
|
Clinic |
1 per 400 sq. ft. of floor area |
1 per 250 sq. ft. of floor area |
|
Dwelling, single-family |
1 per dwelling unit |
2 per dwelling unit |
|
Dwelling, two-family or multi-family: |
|
|
|
Efficiency |
1 per dwelling unit |
1 per dwelling unit |
|
1 or 2 bedrooms |
1 per dwelling unit |
1.5 per dwelling unit |
|
3 or more bedrooms |
1 per dwelling unit |
2 per dwelling unit |
Section 10. Subsection 5.14.8 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
(3) Projecting Signs
A projecting sign is a sign attached to and supported by a building and extending beyond the building to which it is attached at an angle. Projecting signs may be erected and displayed on a zoning lot or over a public right-of-way in TC-1, TC-2 and TC-3 Districts in compliance with the maximum area per display surface limitations contained in Subsection 5.14.9, provided:
A. The building to which a projecting sign is attached shall be
twenty (20) feet or more in width, except in TC-1, and TC-2, and TC-3
Districts where no minimum width shall apply.
Section 11. Subsection 5.14.9 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
|
|
Zoning District |
|
|
Type of Sign |
TC-1, TC-2, TC-3 |
CC, NC, |
|
Ground Sign - Maximum Area per Display Surface |
8.0 sq. feet |
15.0 sq. feet |
|
Projecting Sign - Maximum Area per Display Surface |
8.0 |
8.0 |
|
Wall Sign - Maximum Percent of Façade Coverage |
5.0% |
5.0% |
* The maximum area per display surface of any internally illuminated sign shall be one-half (1/2) the maximum area per display surface listed above.”
Section 12. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 13. That the amendments shall become effective upon enactment.
This the ____ day of _________, 2007.