ORDINANCE A
STAFF’S REVISED RECOMMENDATION
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REQUIREMENTS FOR THE USES AND INTENSITY PERMITTED IN THE MIXED USE-VILLAGE ZONING DISTRICT (2007-02-26/O-3a)
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 Mixed Use-Village 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 3.5.1(c)(2) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
“Permitted density shall not exceed 15 dwelling units per acre for
MU-V collector and MU-V local and 20 du/acre for MU-V Arterial. and Permitted
intensity and impervious surface restrictions shall be as established in
Section 3.8, Table 3.8-1 unless
development rights are transferred pursuant to Section 3.9.2
of this Chapter. The frontage and setback requirements shall not apply to
Parks and Open Space.”
Section 2. Subsection 3.5.1(d)(2) of the Land Use Management Ordinance is hereby revised to read as follows:
“Any application for mixed use development shall include a
Concept Plan as provided in Section 4.3
and a Site Plan Special Use Permit as provided in Section 4.76 of this Chapter. The Site Plan Special Use
Permit shall include a phasing plan that specifies the stages of
development build out. The Phasing Plan shall identify the sequence of
development for the land uses shown on the Site Plan Special Use
Permit. The Phasing Plan information may be prepared as a plan, a table, or
a report. It shall include general phasing of internal and external traffic
circulation systems, amenities, and utility improvements that will be
constructed concurrent with the land use development. Land use development
scheduling shall include a general indication of size, either in square footage
or acres. The plan shall also indicate the expected impact of the development
on existing or proposed public facilities, including but not limited to,
streets, transit, schools, water and sewer systems, and public safety. The
applicant shall provide assurances that all the use categories will be
constructed and that the project will, in fact, result in a mixed use
development satisfying the Purpose section of this district. The applicant
shall include all of the required use categories (residential, commercial, and
office uses) in the first phase of the project.”
Section 3. Subsection 3.5.1(d)(4) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
“Off-street parking requirements shall be 50% of the minimum parking requirements listed in the Parking and Loading Standards (Section 5.9 of this Chapter). Required loading areas may overlap automobile parking bays where it can be demonstrated that hours of peak operation do not conflict with delivery schedules. Dimensional standards for parking and loading may be varied by the Town Manager.”
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, MU-V, 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, except when MU-V development is separated from the Residential district by an arterial street with a right-of-way of 100 feet or greater, in which case the setbacks of the underlying zoning district would apply.
(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.The primary height limitation applicable at any of the modified setbacks identified in (1) – (3) above shall not exceed thirty-five (35) feet.”
(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. Table 3.8-1 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
“Table 3.8-1: Dimensional Matrix
|
(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 |
|
R-LD5 |
217,800 |
0.2 |
200 |
250 |
29 |
35 |
30 |
16 |
20 |
.24/.5/.7 |
.025 |
|
RT |
100,000 |
0.4 |
160 |
200 |
29 |
35 |
30 |
16 |
20 |
.24/.5/.7 |
.031 |
|
R-LD1 |
43,560 |
1.0 |
100 |
125 |
29 |
35 |
30 |
16 |
19 |
.24/.5/.7 |
.047 |
|
R-1A |
25,000 |
2.0 |
80 |
100 |
29 |
38 |
29 |
15 |
18 |
.24/.5/.7 |
.062 |
|
R-1 |
17,000 |
3.0 |
64 |
80 |
29 |
40 |
28 |
14 |
17 |
.24/.5/.7 |
.076 |
|
R-2A |
14,500 |
3.5 |
56 |
70 |
29 |
50 |
27 |
10 |
12 |
.24/.5/.7 |
.087 |
|
R-2 |
10,000 |
4.0 |
52 |
65 |
29 |
50 |
26 |
11 |
13 |
.24/.5/.7 |
.093 |
|
R-3 |
5,500 |
7.0 |
40 |
50 |
29 |
60 |
24 |
8 |
11 |
.24/.5/.7 |
.162 |
|
R-4 |
5,500 |
10.0 |
40 |
50 |
34 |
60 |
22 |
8 |
9 |
.24/.5/.7 |
.230 |
|
R-5 |
5,500 |
15.0 |
40 |
50 |
39 |
60 |
20 |
6 |
8 |
.24/.5/.7 |
.303 |
|
R-6 |
5,500 |
15.0 |
40 |
50 |
39 |
60 |
20 |
6 |
8 |
.24/.5/.7 |
.303 |
|
R-SS-C |
N/A |
N/A |
N/A |
N/A |
39 |
60 |
10 |
0 |
N/A |
.24/.5/.7 |
.400 |
|
TC-1 |
N/A |
N/A |
12 |
15 |
44 |
60 |
0 |
0 |
0 |
N/A |
1.97 |
|
TC-2 |
N/A |
N/A |
12 |
15 |
44 |
90 |
0 |
0 |
0 |
N/A |
1.97 |
|
CC |
5,500 |
15.0 |
40 |
50 |
34 |
60 |
22 |
8 |
9 |
.24/.5/.7 |
.429 |
|
NC |
5,500 |
10.0 |
40 |
40 |
34 |
60 |
24 |
8 |
11 |
.24/.5/.7 |
.264 |
|
OI-1 |
5,500 |
10.0 |
40 |
50 |
29 |
60 |
24 |
8 |
11 |
.24/.5/.7 |
.264 |
|
OI-2 |
5,500 |
15.0 |
40 |
40 |
34 |
60 |
22 |
8 |
9 |
.24/.5/.7 |
.264 |
|
OI-3 |
2,000 |
N/A |
15 |
15 |
N/A |
N/A |
0 |
0 |
0 |
.24/.5/.7 |
.566 |
|
OI-4 |
2,000 |
N/A |
12 |
15 |
N/A |
N/A |
0 |
0 |
0 |
N/A |
N/A |
|
I |
17,000 |
N/A |
64 |
80 |
26 |
50 |
26 |
11 |
13 |
.24/.5/.7 |
.071 |
|
MH |
100,000 |
N/A |
160 |
200 |
29 |
35 |
30 |
16 |
20 |
.24/.5/.7 |
.019 |
|
MU-OI-1 |
N/A |
N/A |
N/A |
N/A |
44 |
90 |
0 |
0 |
0 |
.24/.5/.7 |
.264 |
|
MU-R-1 |
N/A |
N/A |
N/A |
N/A |
29 |
90 |
0 |
0 |
0 |
.24/.5/.7 |
.076 |
|
MU-V arterial |
5,500 |
15.0 20.0 |
80 |
62 |
|
114 |
100 |
5 0 |
20 |
.24/.5/.7 |
.500 1.2 |
|
MU-V collector |
5,500 |
15.0 |
40 |
50 |
44 |
90 |
0 |
0 |
20 |
.24/.5/.7 |
.500 |
|
MU-V local |
5,500 |
15.0 |
70 |
40 |
32 |
40 |
0 |
0 |
17 |
.24/.5/.7 |
.500” |
Section 6. Subsection 5.5.2(g) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
|
“Zoning Districts |
Recreation Space Ratio |
|
TC-1, TC-2 |
.120 |
|
CC, MU-V |
.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 7. The title of Subsection 5.14.8 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
Section 8. 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 |
CC, NC, OI-1, OI-2, OI-3, OI-4, MU-V, Ind |
|
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 9. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 10. That the amendments shall become effective upon enactment.
This the 26th day of February, 2007.