ORDINANCE A

(Staff Recommendation)

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to CHANGE PARKING REGULATIONS (2007-02-26/O-7a)

WHEREAS, the Council of the Town of Chapel Hill has commissioned a study of parking patterns in Chapel Hill; and

WHEREAS, the consultant, LSA Associates, Inc., has provided the results of the study with recommendations for changes to the Land Use Management Ordinance provisions; and

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendments to the Land Use Management Ordinance 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.  Section 5.9.7 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

 “5.9.7 Minimum and Maximum Off-Street Parking Space Requirements  

The following minimum and maximum bicycle and vehicular parking requirements shall apply for the appropriate use and zoning district.  Bicycle and vehicular parking requirements shall not apply for uses located within the Office/Institutional-3 or Office/Institutional-4 Districts.

Use	Minimum number of  bicycle spaces
Industrial and Office	10% of auto parking spaces
Commercial/Retail	10% of auto parking spaces
Multi-family Residential	1 space per dwelling unit, plus 10% of auto parking spaces
Recreation	25% of auto parking spaces
School	1 space per 3 students, plus 1 space per 10 faculty/staff
Park/Ride, Transit Center	10% of auto parking spaces

The following minimum vehicular parking space requirements shall apply for the appropriate use and zoning district. Parking space requirements shall not apply for uses located within the Office/Institutional-3 or Office/Institutional-4 Districts.

A reduction of up to twenty percent (20%) of the minimum number of required vehicular parking spaces may be permitted through the granting of a minor variance by the Board of Adjustment if, based on substantial evidence in the record of its proceedings, the Board finds that compliance with the full minimum off-street vehicular parking space requirements of this section would necessitate the removal of or would seriously endanger significant specimen trees on or adjacent to the zoning lot on which such parking is required.

	Minimum Number of Vehicular Parking Spaces
Use	TC-1 and TC-2 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

Note: The minimum number of parking spaces required for elderly or handicapped dwellings may be reduced to 1 per 2 dwelling units upon findings made by the Town Council that (1) reasonable assurances exist that the dwelling units served by the parking spaces will be maintained for occupancy by the elderly or handicapped and/or (2) that sufficient livability space exists on the property to ensure that should the units be converted to another form of occupancy or use, that sufficient parking can be provided on the site to satisfy the parking requirements of the new use, without violating the land use intensities of Table 3.8-1.

	Minimum Number of Vehicular Parking Spaces
Use	TC-1 and TC-2 Districts	Districts other than TC and OI-3
Fraternity or sorority house	1 per resident	1 per resident
Group care facility	1 per 2 beds	1 per 2 beds
Hospital	1.5 per bed	1.5 per bed
Hotel or motel	1 per lodging unit	1 per lodging unit
Maintenance and/or storage facility	N/A	1 per 2 employees if 2 largest shifts combined
Manufacturing, light	N/A
Mobile home	N/A
Mobile home park	N/A	1 per unit
Personal services	1 per 400 sq. ft. of floor area	1 per 250 sq. ft. of floor area
Place of assembly	1 per 4 persons the use is designed to accommodate	1 per 4 persons the use is designed to accommodate
Place of worship	N/A	1 per 4 seats in the sanctuary, except for places of worship within 1,500 feet of a Town Center District, which are exempted from parking requirements
Public cultural facility	1 per 500 sq. ft. of floor area	1 per 500 sq. ft. of floor area
Public use facility	1 per 400 sq. ft. of floor area	1 per 350 sq. ft. of floor area
Research activities	1 per 400 sq. ft. of floor area	1 per 350 sq. ft. of floor area
Residence hall	1 per 2 residents	1 per 2 residents
Residential support facility	1 per 500 sq. ft. of floor area	1 per 500 sq. ft. of floor area
Rooming house	1 per lodging unit	1 per lodging unit
School, elementary	1 per staff member	1 per staff member
School, secondary	1 per 4 students	1 per 4 students
Shelter	1 per 1,000 sq. ft. of floor area	1 per 1,000 sq. ft. of floor area
Tourist home	1 per lodging unit	1 per lodging unit

Use		Town Center Zoning Districts		Non Town Center Zoning Districts*		Minimum Bicycle Parking Requirements*
		Minimum Number of Parking Spaces	Maximum Number of Parking Spaces	Minimum Number of Parking Spaces	Maximum Number of Parking Spaces
Automobile, trailer, and farm implement sales or rental		N/A	1 per 350 sq. ft. of enclosed exhibit area	1 per 500 sq. ft. of enclosed exhibit area	1 per 350 sq. ft. of enclosed exhibit area	N/A
Bank		N/A	1 per 350 sq. ft. of floor area	1 per 250 sq. ft. of floor area	1 per 150 sq. ft. of floor area	1 per 2,500 sq. ft. of floor area
Business, Convenience Restaurant		N/A	1 per 110 sq. ft. of floor area	1 per 110 sq. ft. of floor area	1 per 75 sq. ft of floor area	1 per 1,000 sq. ft. of floor area
Other convenience business		N/A	1 per 250 sq. ft. of floor area	1 per 250 sq. ft. of floor area	1 per 375 sq. ft. of floor area	1 per 2,500 sq. ft. of floor area
Business, general (retail)		N/A	1 per 300 sq. ft. of floor area	1 per 300 sq. ft. of floor area	1 per 200 sq. ft. of floor area	1 per 2,500 sq. ft. of floor area
Business, office-type		N/A	1 per 375 sq. ft. of floor area	1 per 350 sq. ft. of floor area	1 per 250 sq. ft. of floor area	1 per 2,500 sq. ft. of floor area
Clinic		N/A	1 per 300 sq. ft. of floor area	1 per 225 sq. ft. floor area	1 per 200 sq. ft. of floor area	1 per 2,500 sq. ft. of floor area
Dwelling, single-family		N/A	N/A	N/A	N/A	N/A
Dwelling, two-family** or multi-family	Efficiency	N/A	1 per dwelling unit	1 per dwelling unit	1.25 per dwelling unit	1 per 6 dwelling units
	1 bedrooms	N/A	1 per dwelling unit	1 per dwelling unit	1.25 per dwelling unit
	2 bedrooms	N/A	1.25 per dwelling unit	1.4 per dwelling unit	1.75 per dwelling unit
	3  bedrooms	N/A	1.5 per dwelling unit	1.75 per dwelling unit	2.25 per dwelling unit
	4 or more bedrooms	N/A	1.67 per dwelling unit	2 per dwelling unit	2.5 per dwelling unit
Fraternity or sorority house		N/A	1 per 1.25 residents	1 per 3 residents	1 per 2 residents	1 per 3 residents
Group Care Facility		N/A	1 per 2 beds	1 per 4 beds	1 per 2 beds	1 per 4 beds
Hospital		N/A	2 per 1 beds	1 per 1.5 beds	2 per 1 beds	1 per 10 beds
Hotel or motel		N/A	0.9 per lodging unit	0.9 per lodging unit	1.25 per lodging unit	1 per 15 lodging units
Maintenance and/or storage facility		N/A	N/A	1 per 2,500 sq. ft.	1 per 1,500 sq. ft.	N/A
Manufacturing, light		N/A	N/A	1 per 1,250 sq. ft.	1 per 900 sq. ft.	N/A
Mobile home park		N/A	N/A	1 per unit	2 per unit	N/A
Movie Theatre		N/A	1 per 4 seats	1 per 5 seats	1 per 4 seats	1 per 50 seats
Personal services		N/A	1 per 250 sq. ft. of floor area	1 per 250 sq. ft. of floor area	1 per 375 sq. ft. of floor area	1 per 2,500 sq. ft. of floor area
Place of assembly		N/A	1 per 4 persons the use is designated to accommodate	1 per 4 persons the use is designated to accommodate	1 per 2.5 persons the use is designated to accommodate	1 per 40 seats
Place of worship		N/A	N/A:  exempted from parking requirements	1 per 5 seats	1 per 2 seats	1 per 50 seats
Public cultural facility		N/A	1 per 350 sq. ft. of floor area	1 per 500 sq. ft. of floor area	1 per 350 sq. ft. of floor area	1 per 5,000 sq. ft. of floor area
Public use facility		N/A	N/A	1 per 350 sq. ft. of floor area	N/A	1 per 4,000 sq. ft. of floor area
Research activities		N/A	1 per 250 sq. ft. of floor area	1 per 350 sq. ft. of floor area	1 per 225 sq. ft. of floor area	1 per 4,000 sq. ft. of floor area
Residence hall		N/A	1 per 1.5 residents	1 per 2 residents	1 per 1.5 residents	1 per 3 residents
Residential support facility		N/A	1 per 350 sq. ft. of floor area	1 per 500 sq. ft. of floor area	1 per 350 sq. ft. of floor area	1 per 5,000 sq. ft. of floor area
Rooming house		N/A	0.75 per lodging unit	0.75 per lodging unit	1 per lodging unit	1 per 3 lodging units
School, elementary, middle		N/A	1 per staff member	1 per staff member	1 per 1.25 staff member	1 per 10 students
School, secondary, high school 9-12		N/A	1 per 3 students	1 per 4 students	1 per 3 students	1 per 10 students
Shelter		N/A	1 per 650 sq. ft. of floor area	1 per 1,000 sq. ft. of floor area	1 per 650 sq. ft. of floor area	1 per 10 employees
Tourist home		N/A	1.25 per lodging unit	0.9 per lodging unit	1.25 per lodging unit	1 per 3 lodging units

* Minimum vehicular and bicycle parking requirements shall not apply for uses located within the Office/Institutional-3 or Office/Institutional-4 Districts.

** For a two-family dwelling unit, no minimum vehicular parking requirement shall apply and for the purposes of calculating the maximum number of vehicular parking spaces, garage spaces and the driveway are not to be counted.

  Note:   The minimum number of parking spaces required for elderly or handicapped dwellings may be reduced to 1 per 2 dwelling units upon findings made by the Town Council that (1) reasonable assurances exist that the dwelling units served by the parking spaces will be maintained for occupancy by the elderly or handicapped and/or (2) that sufficient space exists on the property to ensure that should the units be converted to another form of occupancy or use, that sufficient parking can be provided on the site to satisfy the parking requirements of the new use, without violating the land use intensities of Table 3.8-1.

In the case of a use not listed above, the minimum and maximum bicycle and vehicular parking space requirements shall be determined by the Town Manager.  In making such determinations, the Town Manager shall be guided by the requirements for similar uses, the number and kind of bicycles and vehicles likely to be attracted to the use, and studies of minimum parking space requirements for such use in other jurisdictions.   

Minimum vehicular parking requirements for an individual site may be reduced by the Town Council in the context of a Special Use Permit approval, or the Planning Board in the context of a Site Plan Review approval, if evidence is submitted to demonstrate and the Town Council, or Planning Board, finds that:

(a) Sidewalks, bicycle facilities, transit service and transit amenities are in place such that, together with the number of vehicular parking spaces that are proposed, transportation needs are adequately served; or

(b) The particular use that would be specified in the Special Use Permit is of a nature that generates lower-than-average trips, and that the Special use Permit would limit use of the property to what is specified; or

(c) Arrangements for shared parking with nearby facilities is ensured. ”

Section 2.  That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

Section 3.  That these amendments shall become effective on February 27, 2007 and shall apply to all developments and applications for development for which a vested right has not been established as of that date.

This the 26^th day of February, 2007.