MEMORANDUM
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TO: |
Roger L. Stancil, Town Manager |
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FROM: |
J. B. Culpepper, Planning Director Gene Poveromo, Development Coordinator |
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SUBJECT: |
Public Hearing: Land Use Management Ordinance Text Amendment – Elimination of Floor Area Limits for the Single-Family Component of a Planned Development |
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DATE: |
March 10, 2008 |
INTRODUCTION
Attached for your consideration is a proposed Land Use Management Ordinance text amendment that would remove floor area limits for the single-family residential component of a proposed a Planned Development-Housing (PD-H). We recommend enactment of the proposed Land Use Management Ordinance text amendment.
Accompanying this application is a Special Use Permit application for the proposed South Grove (formerly Oldham) Development, located on the east side of U.S. Highway 15-501 South, just south of Cole Drive. A public hearing has been scheduled for March 10, 2008, to consider both these applications.
BACKGROUND
The Town has received a Special Use Permit application for the South Grove Planned Development-Housing which proposes 26 single family lots on a 40-acre site located on the east side of U.S. Highway 15-501, south of Cole Drive, in the Residential-Low Density-1 (R-LD1) zoning district. The development would entail the construction of 26 single-family homes.
Development of single family homes in a subdivision differs from development of single family homes in a Planned Development-Housing. Section 3.8 “Dimensional Standards” of the Land Use Management Ordinance states that floor area restrictions do not apply to single-family dwelling units (with or without an accessory apartment) located outside of a planned development. Thus, new single-family homes that are part of a conventional subdivision are not subject to floor area limitations.
Development as a Planned Development-Housing provides the applicant flexibility with the 1 acre minimum lot size in this zoning district, within an overall density cap (units per acre). However, a Planned Development-Housing project (Section 6.18.4) is subject to all regulations in the Dimensional Matrix, including floor area restrictions. Consequently, if single-family homes are proposed on individual lots as part of a Planned Development Special Use Permit application, the dwelling units are subject to floor area restrictions.
The proposed development, as envisioned by the applicant, would exceed current floor area limits for this zoning district.
APPLICANT’S PROPOSAL
The applicant is proposing a text amendment that would remove the floor area limits that apply to the single-family component of a Planned Development-Housing. The applicant believes the current floor area requirement is unnecessarily prescriptive and is detrimental to the South Grove project, which has only single-family residential units. The applicant believes that application of the current floor area limits for this site would not allow market-based home sizes to be constructed in the development. We note that the proposed density (26 units on 40 acres) is substantially less than the theoretical number permitted by the zoning district (40 units). Even so, the current floor area limits would constrain the house sizes. A summary of the applicant’s proposed text amendment to the Planned Development-Housing is described below:
Matrix
The proposed text amendment is provided as Attachment 1.
DISCUSSION
If the text amendment is enacted as recommended by the staff and reflected in Attachment 1, it would remove the rigidity of floor area limits for the single-family home component of any Planned Development project, including a Planned Development-Housing. The removal of floor area limits would allow more flexibility in the number and size of homes and in site design.
In addition, the removal of floor area limits from single-family development within Planned Developments would provide consistency in the intensity regulations pertaining to single-family homes. (Single-family homes outside a Planned Development are not subject to floor area limitations.)
We note that such an amendment would allow for increased intensity (in the form of total floor area) within a Planned Development-Housing, but that the density (upper limits on the number of dwelling units per acre) would not be affected by such a text amendment.
ZONING AMENDMENT
Article 4.4 of the Land Use Management Ordinance establishes the intent of Zoning Amendments (including both atlas and text amendments to the Ordinance) by stating that, “In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except:
Article 4.4. further indicates:
It is further intended that, if amended, this chapter be amended only as reasonably necessary for the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan.
Each of these requirements, with respect to the two proposed text amendment, is discussed below:
A) An amendment to the Land Use Management Ordinance (text amendment) is necessary to correct a manifest error in the chapter.
Staff Comment: We believe the information in the record to date can be summarized as follows:
B) An amendment to the Land Use Management Ordinance (text amendment) is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
C) An amendment to the Land Use Management Ordinance (text amendment) is justified to achieve the purposes of the Comprehensive Plan.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
Arguments in Support: We believe the justification of the text amendment is to achieve the purposes of the Comprehensive Plan particularly as it relates to consistency in the regulation of single-family homes. Under current regulations, single-family homes within Planned Developments are subject to floor area ratios, while single-family homes outside a Planned Development are not.
Arguments in Opposition: To date no argument in opposition has been submitted.
RECOMMENDATIONS
Planning Board Recommendation: The Planning Board reviewed the proposed text amendment on February 5, 2008, and voted 7-0 to recommend that the Council enact the attached Ordinance to omit the floor area limit for the single-family component of a Planned Development-Housing. The Planning Board Summary of Action is attached.
Staff Preliminary Recommendation: We recommend that the Council enact the attached Ordinance to change the Land Use Management Ordinance provisions to remove the floor area limits for the single-family component of a Planned Development-Housing.
ATTACHMENTS
ADDITIONAL INFORMATION (March 10, 2008)