MEMORANDUM

 

TO:

Roger L. Stancil, Town Manager

FROM:

J. B. Culpepper, Planning Director

Gene Poveromo, Development Manager

SUBJECT:

Land Use Management Ordinance Text Amendments - Higher Density Residential Zoning Districts and Resource Conservation District Floor Area Ratios

DATE:

May 5, 2008

 

INTRODUCTION

 

The enactment of the attached Ordinance A and Ordinance B would change the Land Use Management Ordinance to add higher density residential zoning districts to the Use Matrix and to adjust the floor area ratios associated with the Resource Conservation District.  

 

Our recommendation is that the Council enact the attached Ordinances.

 

BACKGROUND

 

On March 10, 2008, the Council held a public hearing to consider changes to the provisions of the Land Use Management Ordinance which would establish four high density residential zoning districts and would amend the floor area ratios for properties within the Resource Conservation District.   The public hearing was continued to May 5.

 

DISCUSSION

 

During the March 10 public hearing the Council received comments concerning: 1) the maximum building heights for the proposed R-HD1-C zoning district; and 2) potential environmental impacts associated with increasing floor area ratios for properties that contain Resource Conservation District.  Each is briefly discussed below.

 

Building heights in the R-HD1-C zoning district:  We initially recommended a maximum primary building height of 40 feet and maximum secondary building height of 60 feet for the R-HD1-C zoning district.  We believe that these dimensional standards should be increased to 50 and 75 feet respectively.  This modification will allow the construction of four-story structures, including three-story residential structures that incorporate below building parking areas at ground level.  This change has been incorporated into Revised Ordinance A.

 

Environmental impacts and adjusted floor area ratios on property affected by Resource Conservation District:  During the public hearing, a citizen expressed concern with potential negative environmental impacts on the Resource Conservation District (RCD) if floor area ratios in the RCD are increased. Consideration and assessment of environmental impacts should occur on a case by case basis as each development proposal is reviewed and approved.  We believe that this could best be achieved during the Special Use Permit process.  We recommend that the proposed change to the Resource Conservation District floor area ratios only apply to developments associated with a Special Use Permit.  This change has been incorporated into Revised Ordinance B

 

Other Item: Following the text amendment public hearing, during the Residences at Grove park public hearing, Council members asked if a new conditional zoning district might address issues such as affordable housing or reclaimed water systems. The proposed higher density zoning districts are proposed as conditional use zoning districts.  As such, the zoning district could not be applied to a property unless requested by the property owner.  As a conditional zoning district, any request to develop property with a new higher density residential zone would be accompanied by a Special Use Permit describing the proposed development.  We believe it is appropriate for the Council to consider a specific Special Use Permit proposal in tandem with a conditional rezoning.  If the Council does not find the Special Use Permit proposal to be an acceptable use of the property, we would recommend that the Council not approve the rezoning request.

 

With respect to conditional use rezoning requests, the Council has adopted two separate resolutions stating the Council’s expectations.  The first Resolution outlines the Council’s desire for the submission of an energy management plan with the Special Use Permit application associated with a rezoning.  The second Resolution states the Council’s desire that the Special Use Permit associated with a rezoning application include an affordable housing component.  If the Council is interested in establishing a policy regarding reclaimed water systems associated with higher density conditional use rezoning applications, we can return with a memorandum at an upcoming meeting.

 

Regarding the work of the Inclusionary Zoning Task Force, the Task Force is in the process of working with a consultant to develop a draft Inclusionary Zoning Ordinance for consideration by the Council.  Task Force members have discussed the possibility that the draft Inclusionary Zoning Ordinance may acknowledge that the higher density conditional use zones, if enacted, will have built in density/intensity bonus and would not require further bonuses.

 

RECOMMENDATIONS

 

Staff’s Revised Recommendation: Subsequent to the March 10, 2008 public hearing, we have incorporated the following changes:

 

Proposed Revised Ordinance A:

 

Proposed Revised Ordinance B:

 

We recommend that the Council enact Revised Ordinance A and Revised Ordinance B.

 

ATTACHMENTS

  1. March 10 Public Hearing Memorandum (p. 9).

 

ADDITIONAL INFORMATION (May 5, 2008)

  1. Staff PowerPoint Presentation [20 KB pdf]
  2. Applicant PowerPoint Presentation [532 KB pdf]