AGENDA #4k | Scheduling a PH to Consider an Amendment to the LUMO Regarding Modifications to the Planned Development-Housing Minimum Land Area Requirement in Residential Districts

AGENDA #4k

MEMORANDUM

TO:	Roger L. Stancil, Town Manager
FROM:	J.B. Culpepper, Planning Director Gene Poveromo, Development Coordinator
SUBJECT:	Scheduling a Public Hearing to Consider an Amendment to the Land Use Management Ordinance Regarding Modifications to the Planned Development-Housing Minimum Land Area Requirement in Residential Districts
DATE:	November 19, 2007

PURPOSE

Adoption of the attached resolution would schedule a Public Hearing for February 18, 2008, to consider an amendment to the Land Use Management Ordinance that would lower the minimum land area requirement for a Planned Development-Housing (PD-H) in residential zoning districts under particular circumstances. This provision, if enacted, would lower the minimum land area requirement for multi-family development in residential areas.

BACKGROUND

This item is being pursued in accordance with a Council goal, following the 2003 enactment of the Land Use Management Ordinance, to consider reducing from five acres to one acre the minimum land area requirement in a residential district for multi-family development occurring as a Planned Development-Housing.

CURRENT REGULATIONS

Multi-family development (3 - 7 dwelling units) is permitted in the higher density zoning districts (R-4, R-5, R-6) and in non-residential zoning districts. The Planning Board has the authority to approve multi-family developments which propose 3-7 dwelling units (if land disturbance is under 40,000 sq. ft.).

Multi-family developments which propose more than 7 dwelling units are authorized only with approval of a Planned Development-Housing (PD-H) by the Council as a Special Use Permit. Currently the minimum land area requirement for a PD-H is 5 acres in size.

PROPOSAL

The proposed text amendment would lower the Land Use Management Ordinance minimum land area requirements from five (5) to one (1) acre to allow approval of multi-family development (over 7 units) as a Planned Development-Housing Special Use Permit in a residential zoning district if the proposed development is accompanied by a conditional use rezoning application. The minimum land area requirement in non-residential zoning districts is already at one (1) acre.

DISCUSSION

Given the defined growth boundaries of Chapel Hill and the limited amount of undeveloped or underdeveloped land, we recommend that the minimum land area for a Planned Development-Housing (PD-H) in a residential district be returned to a lower land area requirement. If the land area is reduced from five (5) acres to one (1) acre, this change would allow the Council to consider smaller multi-family developments in residential zoning districts. We recommend calling the hearing to consider amendment to establish a minimum lot size of one (1) acre for a PD-H, if accompanied by a conditional use rezoning. If this text amendment is enacted, a developer proposing a Planned Development-Housing would be required to apply for both a rezoning to a conditional use zoning district and a Special Use Permit. If the property is successfully rezoned, approval of Special Use Permit for a multi-family development could be granted by the Council in accordance with the floor area restrictions, density caps, landscape buffer, and other regulatory requirements of the underlying zoning district.

We introduce this recommendation for consideration of a reduced land area requirement in cases that involve a conditional use zoning district because of concerns we have about multi-family development in some neighborhoods. For example, it seems unlikely that we would recommend lowering the land area requirement in residential areas that have been recognized as being particularly sensitive to change such as those adjacent to the downtown and the University main campus including Historic Districts and Neighborhood Conservation Districts. Including a provision that requires Town Council approval of a conditional use zoning district in order to approve a PD-H, provides the Council with greater control and flexibility when considering potentially inappropriate locations.

RECOMMENDATION

We recommend that the Council adopt the attached resolution, which would call a Public Hearing for February 18, 2008, to consider amendments to the Land Use Management Ordinance regarding the Planned Development-Housing provisions.