AGENDA #3a(1)
Date: January 6, 2009
To: Chapel Hill Town Council
From: Chapel Hill Planning Board
Re: Petition for Text Amendment to Land Use Management Ordinance
Background: Over the last several years a number of projects have come before the Planning Board to be reviewed as Site Plans. These projects did not exceed the threshold (20,000 square feet of floor area; 40,000 square feet of disturbed land) as provided in the LUMO Table 3.7.1., Use Matrix, which defines a permitted use as a special use. Thus these projects were reviewed as Site Plans not requiring Town Council Review.
It was obvious to the Planning Board that in at least three instances lots were subdivided and related developments were proposed on the adjacent lots in order to avoid the necessity of undergoing the Special Use Permit (SUP) application and review process. Unfortunately, we believe that this tactic, the subdivision of lots and the subsequent proposal for related and sometimes concurrent developments on the adjacent lots is being increasingly used.
We, the Planning Board, believe that the SUP application and review process provides a necessary and worthwhile level of public scrutiny and review which is not as easily attained through a Site Plan review. Furthermore, we believe that the SUP process allows the Town Council a greater degree of latitude in its review and the ability to negotiate stipulations with the applicant.
We therefore request, by an 8 to 0 vote, that the Chapel Hill Town Council consider a Text Amendment to LUMO Table 3.7.1 Use Matrix, under “P” in the KEY to the Table to change
“Permitted as a PRINCIPAL USE if floor area of proposed development is less than 20,000 square feet, and area of disturbed land is less than 40,000 square feet, otherwise permitted as a special use.” to
“Permitted as a PRINCIPAL USE if floor area of
proposed development is less than 20,000 10,000 square feet, and area
of disturbed land is less than 40,000 20,000 square feet, otherwise
permitted as a special use.”