ATTACHMENT 1

PRELIMINARY RECOMMENDATION

ORDINANCE A

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REGARDING THE RESIDENTIAL-SPECIAL STANDARDS-CONDITIONAL ZONING DISTRICT

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendments to the Land Use Management Ordinance regarding the Residential-Special Standards-Conditional 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 3.4 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

“3.4 Conditional Use Districts

For the TC-1, TC-2, TC-3, CC, NC, 0I-1, I,  R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, R-LD1, and R-LD5 districts hereinabove described, there are hereby established parallel conditional use districts designated TC-1-C, TC-2-C, TC-3C, CC-C, NC-C, 0I-2-C, 0I-1-C, I-C, R-6-C, R-5-C, R-4-C, R-3-C, R-2-C, R-2A-C, R-1-C, R-1A-C, R-LD1-C, and R-LD5-C pursuant to North Carolina General Statutes § 160A-382. Under each conditional use district, all uses allowed as a permitted use or special use by section 3.7, Table 3.7-1 (Use Matrix), for the parallel general use district are permitted only upon issuance of a Special Use Permit by the Town Council pursuant to section 4.5 of this appendix.

A Residential-Special Standards-Conditional (R-SS-C) is hereby established, pursuant to North Carolina General Statutes Section 160A-382. Uses allowed in this district shall be those described in Section 3.7 and Table 3.7-1 (Use Matrix) of this Chapter, and are permitted only upon issuance of a Special Use Permit by the Town Council pursuant to Section 4.5 of this Chapter.

Residential development and the recreational, open space, and other urban amenities associated with such development when located within the Residential- Special Standards-Conditional District shall, to the extent practical, comply with the goals and objectives of the Comprehensive Plan.  Atlas amendment applications, proposing to rezone a site to the Residential-Special Standards-Conditional district, must demonstrate that the associated Special Use Permit application complies with one or more of the following objectives of the Comprehensive Plan:

1. Promotion of affordable housing on-site (and off-site when appropriate);
2. Encouragement of a balanced private and public transportation system that promotes connectivity and safety for vehicles, bicycles, and pedestrians;
3. Promotion of a healthy downtown and healthy neighborhood commercial and employment centers;
4. Protection of the natural environment through energy management and conservation and compliance with Council resolutions addressing carbon reduction and other conservation measures;
5. Promotion of Art (Private or Public) in private development that is visually accessible to the public; and
6. Protection of adjoining residential uses and neighborhoods.”

Section 2. That Table 3.8-1 of the Chapel Hill Land Use Management Ordinance is amended to include the following floor area ratio change to the Residential Special Standards District:

“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-SS-C	N/A	N/A	N/A	N/A	39	60	10	0	N/A	.24/.5/.7	.40 1.10”

Section 3.  That the amendments shall become effective upon enactment.

This the ____ day of _________, 2008.