ORDINANCE A

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REGARDING THE RESIDENTIAL-SPECIAL STANDARDS-CONDITIONAL ZONING DISTRICT (2009-03-23/O-8a)

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, as it relates to development and redevelopment of properties in a manner that encourages a variety of objectives including: a) affordable housing; b) a balanced transportation system; c) promoting a healthy downtown and neighborhood commercial/employment areas; d) protection of the natural environment; e) promotion of public art; f) protection of neighborhoods and residential land uses; and  g) the promotion of economic vitality, environmental protection and social equity.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Subsection 3.4.1 to the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

“3.4.1 Residential-Special Standards-Conditional Zoning Districts

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. 

Zoning Atlas amendment applications, proposing to rezone a site to the Residential-Special Standards-Conditional district shall comply with A or B below:

A.    An applicant must demonstrate that the associated Special Use Permit application complies with the following objective:

1.      Promotion of an 100% affordable on-site housing component.

Or

B.      An applicant must demonstrate that the associated Special Use Permit application achieves the purposes of the Comprehensive Plan by complying with some or all complies with each of the following objectives as determined appropriate by the Town Council:

  1. Promotion of affordable housing on-site, and off-site when appropriate, that complies with or exceeds the Council’s current affordable housing policy.
  2. Implementation of an energy management and conservation plan that addresses carbon reduction, water conservation and other conservation measures that comply with or exceed the Council’s current energy management/ conservation policies.
  3. Encouragement of a balanced private and public transportation system that promotes connectivity and safety for vehicles, bicycles, and pedestrians including direct and/or indirect improvements to the community’s transportation systems.
  4. Support of a healthy downtown district and/or neighborhood commercial/ employment centers by identifying or providing reasonable accessible pedestrian/bicycle and non-vehicular access to downtown/centers.

In support of this objective, the proposed development shall be located within a reasonable walking/cycling distance of downtown or within a reasonable walking/cycling distance of a neighborhood commercial /employment center, and include frontage along one of the following transportation corridors:

·         NC 54 between Town limits and US 15-501; or

·         Martin Luther King Jr. Blvd. between Rosemary Street and I-40; or

·         US 15-501 between I-40 and Chatham County.

  1. Promotion of Art (Private or Public) in private development that is visually accessible to the public and/or providing direct/indirect opportunities for public art.
  2. Protection of adjoining residential uses and neighborhoods with appropriate screening/buffering and/or architectural design elements that is congruous and sensitive to the surrounding residential areas.
  3. Protection/restoration of the natural environment by implementing program(s)  addressing stream restoration, wildlife habitat, woodland, meadow restoration, steep slope protection, and exotic invasive vegetation management, including programs that encourage private/public partnership to restore and enhance environmental resources.
  4. Promotion of green and ecologically sound developments. 
  5. Encouragement of a community character that promotes economic vitality, economic environmental protection and social equity.”

Section 2.  This Ordinance shall be effective upon enactment.

This the 23rd day of March, 2009.