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 ratio of uses in the Mixed Use-Office/Institutional-1 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. Subsections 3.5.1(e)(2), 3.5.1(e)(3), and 3.5.1(e)(5) of the Chapel Hill Land Use Management Ordinance are hereby revised to read as follows:
“(e) Permitted Uses and Development Intensities - Mixed Use-OI-1
(1) The uses permitted in the Mixed Use OI-1 Zone, except in situations described in subsection (2) below, are single and two family dwellings, and those other non-residential uses listed in Section 3.7 as permitted in the OI-1 zone, except that "Medical Aircraft Hangar" is not permitted. The land use intensity ratios, setbacks, and height limitations that apply in the Mixed Use Zone, except in situations described in subsection (2) below, are those that apply to the OI-1 zone, as set forth in Section 3.8.
(2) If development of property in a Mixed Use-OI-1 zone is proposed, and the proposal meets all of the following thresholds, then the set of permitted use and intensity regulations described in subsection (3) shall apply. Those thresholds are:
A. Minimum lot size of 20 contiguous acres (may include parcels on both sides of a street).
B. Uses proposed in one of the following mixed-use combinations:
C. Office,
Commercial, and Residential uses, as defined and permitted in Section
3.5.1(e)(3), individually shall not utilize more than 55% of the approved floor
area nor less than 20% of the approved floor area. At least 60%
of floor area devoted to "business, office-type" uses, as defined in
this Land Use Management Ordinance.
D. No
more than 85% of floor area devoted to "business, office-type" uses.”
(3) If a development proposal in a Mixed Use-OI-1 District meets all of the thresholds listed in subsection (2), then the following use and intensity regulations shall apply:
A. For commercial floor area, permitted uses shall be those listed in Section 3.7 as permitted uses in the Community Commercial (CC) District, except as noted in paragraph D below.
B. For residential floor area, permitted uses shall be those listed in Section 3.7 as permitted uses in the R-5 District, except that in addition, multifamily development of more than 7 units shall be permitted.
C. For office floor area, permitted uses shall be those listed in Section 3.7 as permitted uses in the OI-1 District, including Business, Office Type and Clinic.
D. The following uses are not permitted in the Mixed Use-OI-1 Zone:
E. Dimensional Standards shall be those listed in Section 3.8, for the Community Commercial (CC) Zone.
D. For the portions of a site devoted to residential development, the density limitations described in Section 3.8 for the R-5 zone shall apply.
(5) Development tracts of between ten (10) and twenty (20) acres can meet the Mixed Use Threshold in the following manner. If development of property in a Mixed Use-OI-1 zone is proposed, and the proposal meets all the following thresholds, then the set of permitted use and intensity regulations described in subsection (3) shall apply. Those thresholds are:
A. Development is proposed on tracts of size between ten (10) and twenty (20) contiguous acres (may include parcels on both sides of a public street if at least five acres of the total are located on both sides of the street).
B. The proposed development tract is adjacent to, or across a public street from, a Mixed Use Development that has been approved by the Town Council in accordance with the provisions of this Article.
C. The proposed uses, circulation patterns and buffers are demonstrated to be compatible with the adjacent approved Mixed Use Development. In addition, landscape treatments and architecture shall be demonstrated to be compatible with the adjacent approved Mixed Use Development to the extent such landscape treatments and architecture have been specified in the adjacent Special Use Permit approved by the Town Council.
D. Uses proposed in one of the following mixed-use combinations:
E. Office,
Commercial, and Residential uses, as defined and permitted in Section
3.5.1(e)(3), individually shall not utilize more than 55% of the approved floor
area nor less than 20% of the approved floor area. At least 60% of floor
area devoted to "business, office-type" uses, as defined in this Land
Use Management Ordinance.
E. No
more than 85% of the proposal’s floor area shall be devoted to "business,
office-type" uses.”
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That the amendments shall become effective upon enactment.
This the 12th day of February, 2007.