AGENDA #2b
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Forum: OI-4 Zoning Regulations
DATE: March 1, 2004
The Town Council has called this Public Forum to hear citizen comments on provisions of the Town’s Office/Institutional-4 Zoning District.
BACKGROUND
In 1981, the Chapel Hill Town Council created a new zoning district called Office/Institutional-3, and applied this zoning to several large parcels of land in and around Chapel Hill that were owned by the University of North Carolina at Chapel Hill. Among those parcels was UNC’s main campus. The OI-3 district allowed University facilities to be built with special standards related to height of buildings, intensity of use, buffers, and transition areas, reflecting the unique circumstances of University facilities. A floor area ratio was set to regulate intensity. At the time, the amount of floor area that could be permitted on the main campus by applying this ratio greatly exceeded the total of existing facilities.
In the fall of 2000, University representatives brought attention to the fact that the 1981 floor area ratio had become a constraint to future University development. Discussion followed about raising the OI-3 floor area ratio. Instead, the Town Council entered into discussions with University representatives, with a goal of creating a new zoning district to apply to the main campus.
In the spring, of 2001, the Town Council and University members began a series of meetings, discussions, and hearings to create a new zoning district. The Council amended the Development Ordinance in July 2001, to create this new district, Office/Institutional-4 (OI-4). Also in July 2001, the Council rezoned the main campus to apply this new district. The provisions of the OI-4 district were carried over intact when the Town Council, in January 2003, enacted the Land Use Management Ordinance.
In June 2003, the Council received a petition asking that the required action time limits specified in the OI-4 district for review of a Development Plan by the Council be reconsidered. The Council referred this petition to the Town Manager and, in September 2003, we submitted a report to the Town Council for consideration (copy of memorandum attached).
In January 2004, at its annual Planning Session, the Council discussed whether and how a reconsideration of provisions of the OI-4 zoning district might be undertaken. On February 9, the Council decided to call a Public Forum to hear citizen comments on this topic. The Forum was scheduled for March 1.
DISCUSSION
The OI-4 zoning district was created following extensive negotiations between the Town and the University. University and Town officials began meeting to draft such a new zoning district, and the Town Council completed the task in July 2001. The end result was a negotiated set of regulations that balanced the University’s need for certainty, timeliness of consideration, and ability to pursue a development program with the Town’s need for community consideration of and mitigation of impacts of such development.
Some of the procedures contained in the new OI-4 district for consideration of Development Plan applications (and Modifications of Development Plans) are modeled after the Town’s typical procedures for consideration of Special Use Permit applications. Examples of these similarities are:
Differences between a Development Plan in the OI-4 district and a Special Use Permit in another district include the following characteristics for a Development Plan in the OI-4 zoning district:
SUMMARY
The Town Council scheduled this Public Forum to hear citizen comments on whether or not the current provisions of the OI-4 zoning district meet the community’s needs. The Council has indicated intent to take those comments into consideration in discussion about possible next steps regarding the Ordinance provisions.
ATTACHMENTS
The purpose and intent of the Office/Institutional-4 District (OI-4) is to establish procedural and substantive standards for the Town Council’s review and approval of development on large tracts of land where the predominant use is to be college, university, hospital, clinics, public cultural facilities, and related functions.
The objective of this Section and the OI-4 district is to allow for growth and development while protecting the larger community, nearby neighborhoods, and the environment from impacts accompanying major new development. A key feature of this district is the preparation of a Development Plan that would allow the property owner, immediate neighbors, and the larger community to understand specifically what levels of development are being proposed, and what impacts would likely accompany the development, so that mitigation measures can be designed and implemented.
Procedures in this zoning district are designed to facilitate:
· Articulation of development plans that involve multiple buildings in multiple locations over an extended time period on a given tract of land, as defined in a Development Plan;
· Identification of total infrastructure needs for such proposed development as specified in a Development Plan and cumulative impacts resulting from full development as specified in a Development Plan; and
· Provision of measures to mitigate the negative impacts, including off-site construction of parking decks as described in subsection (c)(2), phased in a manner appropriate with the pace of construction.
To this end, owners of property zoned OI-4 are encouraged to prepare detailed Development Plans, as described below, for review and approval by the Town Council. For buildings that are included in an approved Development Plan, Site Development Permits for individual buildings are to be issued by the Town Manager, following a determination by the Town Manager that such individual building plans are generally consistent with the Town Council-approved Development Plan.
For development proposed within an OI-4 zoning district that is not included in a Town Council-approved Development Plan, but is a minor change according to the provisions of subsection (i) of this Section, the Town Manager may approve a change to the Development Plan and issue a Site Development Permit. For development proposed within an OI-4 zoning district that is not included in a Town Council-approved Development Plan and that cannot be considered a minor change to the Plan according to subsection (i) of this Section, such development shall be considered to be a Special Use, and subject to the Special Use Permit procedural requirements of Section 4.5 of this Chapter. In the alternative, the applicant may apply to the Town Council for an amendment to the Development Plan.
Once a property is zoned Office/Institutional-4, all regulations, standards, and procedures prescribed for the previously-applicable zoning district shall apply until (1) a Development Plan is approved; or (2) six months have elapsed, whichever comes first.
A Development Plan shall address issues such as general location and size of new facilities, parking, utilities, stormwater management, impervious surface, and access/circulation. A Development Plan shall identify the general location, size, and proposed uses of buildings. A Development Plan shall project anticipated impacts on streets, water and sewer facilities, stormwater runoff, air quality, noise, and lighting.
(1) Submittal Requirements. Application submittal requirements shall include the following:
A. Specific descriptions of proposed development with building locations, building sizes, parking arrangements, and description of building heights with consideration of impact on adjacent areas.
B. Analysis of impacts resulting from proposed development, along with options to mitigate impacts relating to:
· Transportation Management (traffic, transit, parking, bikes, pedestrians, air quality);
· Stormwater Management Analysis (quantity and quality); and
· Noise and Lighting Analysis.
Individual effects must be evaluated in the context of the whole Development Plan and not in isolation. Impacts shall be evaluated in accordance with guidelines endorsed for use by the Town Council.
C. Preliminary timetable and sequencing schedule for building construction and for related mitigation measures.
(2) Off-site Components. Mitigation measures involving construction of parking decks may need to be developed outside the boundaries of the Development Plan. Notwithstanding any other provision of this Land Use Management Ordinance, a parking deck proposed to mitigate impacts of a Development Plan, and approved by the Town Council as part of a Development Plan, may be located on a site not within the boundaries of an OI-4 zoning district. Any such facility shall be reviewed as a Site Development Permit according to the provisions of subsection (h) (2) of this Section.
Permitted uses shall be identical with uses listed in the Use Matrix (Section 3.7) as being permitted in OI-3, except that Place of Assembly shall be considered to be a permitted use and not a special use. The maximum floor area allowed shall be as provided in a Development Plan that is approved by the Town Council. Special restrictions apply in Perimeter Transition Areas (see subsection (f)).
For purposes of calculating compliance with a specified maximum floor area, the following land uses shall not be counted as floor area: new residential development (including Dwellings and Residence Halls), and new Public Cultural Facilities.
Development in the OI-4 zoning district shall be designed in a manner that provides a mix of uses which are integrated, interrelated and linked by pedestrian ways, bikeways, and other transportation systems. Development Plans shall, as practical and consistent with applicable laws and regulations, include measures to encourage reduction of automobile use and promote alternative modes of transportation; to mitigate adverse environmental impacts; to promote conservation of non-renewable energy resources; and to achieve visual continuity in the siting and scale of buildings. Specifically, a Development Plan shall address the following:
(1) Noise: Noise levels from development proposed in the Development Plan shall not exceed those allowed by the Town of Chapel Hill Noise Ordinance.
(2) Environment: Development proposed in the Development Plan shall minimize impacts on natural site features, and be accompanied by measures to mitigate those impacts.
(3) Transportation: Development proposed in the Development Plan shall be accompanied by measures to mitigate transportation impacts that are caused by the development.
(4) Stormwater Management: Development proposed in the Development Plan shall be accompanied by measures to mitigate stormwater impacts (quantity and quality) that are caused by the development.
(5) Public Utilities: There shall be a general demonstration that water, sewer, and other needed utilities can be made available to accommodate development proposed in the Development Plan.
(6) Historic Districts: The provisions of Section 3.6.2 of this Chapter shall apply to any development proposed within one of Chapel Hill’s Historic Districts.
A Development Plan shall designate a Perimeter Transition Area establishing appropriate standards at borders of the Development Plan, necessary to minimize impacts of development proposed in the Development Plan on adjacent property, to be approved by the Town Council as part of the Development Plan. Standards shall address:
(1) Screening mechanical equipment
(2) Exterior lighting
(3) Height limits
(4) Landscaping
Applications for a Development Plan, Special Use Permit, or Site Development Permit shall be filed with the Town Manager.
(1) Application Submittal Requirements. The Town Manager shall prescribe the form(s) of applications as well as any other material he/she may reasonably require to determine compliance with this Section. Applications shall include information described in subsection (c) (1).
(2) Process for Review.
A. Applications for Development Plan approval shall be reviewed by the Planning Board and forwarded to the Town Council for consideration at a public hearing.
B. Notice of the date, time, and place of the public hearing shall be published in a newspaper of general circulation in the planning jurisdiction once a week for two (2) successive weeks, with the first notice to be published not less than ten (10) nor more than twenty-five (25) days prior to the date of the hearing.
C. The Public Hearing shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify. The Town Council may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross‑examination of witnesses to avoid undue delay. All persons who intend to present evidence at the public hearing shall be sworn.
D. The applicant shall bear the burden of presenting evidence sufficient to establish persuasively that the proposed development will comply with the determinations required in subsection (g) (3).
E. A record of the proceedings of the hearing shall be made and shall include all documentary evidence presented at the hearing. Town Council action on an application for Development Plan approval shall occur within 90 days of the date of submittal of a complete application.
(3) Town Council Action.
A. The Town Council shall approve a Development Plan unless it finds that the proposed development would not:
· Maintain the public health, safety, and general welfare; or
· Maintain the value of adjacent property.
B. Town Council action shall be to:
· Approve;
· Approve with conditions; or
· Deny.
(1) Recording Approval. If the application for approval of a Development Plan is approved or approved with conditions, the Town Manager shall issue the approval in accord with the action of the Town Council. The applicant shall record such approval in the office of the County Register of Deeds. The Development Plan, including all conditions attached thereto, shall run with the land and shall be binding on the original applicant as well as all successors, assigns, and heirs.
(2) Individual Site Development Permits. If the Development Plan is approved, or approved with conditions, the Town Manager may then accept applications for individual Site Development Permits for specific buildings that are described in the Development Plan. No work on a building identified on the Development Plan may begin until a Site Development Permit has been issued. The Town Manager shall prescribe the form(s) of applications as well as any other material he/she may reasonably require to determine compliance with the Development Plan. Any application for a Site Development Permit in a Perimeter Transition Area shall include provisions for mailed notification to property owners within 1,000 feet of the proposed development. If the Town Manager finds that the application is consistent with the Development Plan, he/she shall approve the application and issue the Site Development Permit within 15 working days of the submittal of a complete application. If the Town Manager finds that the application is not consistent with the Development Plan he/she shall deny the application within 15 working days of the acceptance of the application and refer the applicant to the Special Use Permit process described in Section 4.5 of this Chapter. Alternatively, the applicant may apply for an amendment to the Development Plan.
(3) Expiration, Abandonment, Revocation of Development Plan. If an application for a Site Development Permit pursuant to an approved Development Plan has not been submitted to the Town Manager within two (2) years of the date of approval of the Development Plan, the approval shall automatically expire. On request by the holder of an approved Development Plan, the Town Council shall approve the abandonment of the Plan if it determines that no subsequent development approvals have been granted and no construction activity has taken place pursuant to the Development Plan. If material conditions of a Development Plan are violated, and remain in violation after giving the property owner a reasonable amount of time to correct such violation, the Town Council may revoke the Plan after notification to the property owner and opportunity for property owner response at a public meeting of the Town Council.
The Town Manager is authorized to approve minor changes and changes in the ordering of phases in an approved Development Plan, as long as such changes continue to be in compliance with the approving action of the Town Council and all other applicable requirements, and result in a configuration of buildings that is generally consistent with the approved Development Plan. The Town Manager shall not have the authority to approve changes that constitute a modification of the Development Plan.
Before making a determination as to whether a proposed action is a minor change or a modification, the Town Manager shall review the record of the proceedings on the original application for the Development Plan and any subsequent applications for modifications of the Development Plan, and shall use the following criteria in making a determination:
(1) A change in the boundaries of the Development Plan approved by the Town Council shall constitute a modification;
(2) A substantial change in the floor area or number of parking spaces approved by the Town Council shall constitute a modification. (General rule: more than a 5% increase in overall net new floor area or parking in a Development Plan approved by the Town Council would be considered substantial.);
(3) Substantial changes in pedestrian or vehicular access or circulation approved by the Town Council shall constitute a modification. (General rule: changes that would affect access or circulation beyond the boundaries of a Development Plan would be considered substantial.); and
(4) Substantial change in the amount or location of open areas approved by the Town Council shall constitute a modification.
If the proposed action is determined to be a modification, the Town Manager shall require the filing of an application for approval of the modification, following procedures outlined in this Section for initial approval of a Development Plan.
AGENDA #5a
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petition Regarding Time Frames Specified in the Town’s OI-4 Zoning District
DATE: September 22, 2003
On June 23, 2003, the Council received a petition from Ms. Sally Greene, Vice Chair of the Planning Board. The Council referred the petition to the Town Manager for comment. In this memorandum we suggest that, if the Council decides to revisit provisions of the OI-4 Zoning District, discussions with the University be initiated.
PETITION
Ms. Greene approached the Council on June 23 to ask that the Council initiate a process to amend the Land Use Management Ordinance, to adjust the time requirements that are specified in the Office/Institutional-4 zoning district (OI-4).
The Ordinance currently states that, when an application for a Development Plan or Modification of a Development Plan in the OI-4 district is submitted, Council action on the application shall occur within 90 days of the date of submittal of a complete application. Ms. Greene stated in her petition that it is difficult for the Planning Board to make a recommendation on a major Development Plan in one meeting, and suggested that 90 days is not enough time for a Council decision. She asked Council members to consider appointing a Mayor’s Committee to look at lengthening the timetable.
DISCUSSION
The OI-4 zoning district was created by the Town Council, following an extensive dialogue between the Town and the University. Levels of University development on UNC’s main campus had reached the ceilings permitted under a previous zoning designation (OI-3). The University requested that the Council raise the limit, and the Council responded by suggesting creation of a new zoning district that would:
University and Town officials began meeting to draft such a new zoning district, and the Town Council completed the task in July, 2001. The end result was a carefully constructed set of regulations that balanced the University’s need for certainty, timeliness of consideration, and ability to pursue a development program with the Town’s need for community consideration of and mitigation of impacts of such development.
Some of the procedures contained in the new OI-4 district are modeled after the Town’s typical procedures for consideration of Special Use Permit applications. Examples of these similarities are:
Differences between OI-4 and a Special Use Permit in another district include the following characteristics of the OI-4 zone:
It is these last two points that are the subject of the petition. The petitioner seeks a longer time frame for action than 90 days, and time for the Planning Board to have at least two meetings to review an application.
In discussions with the University during the spring and early summer of 2001, the concept of a certain and limited time frame for action on an application was a key University objective. The 90-day time frame was an important part of the agreement that laid the foundation for the new zoning district.
RECOMMENDATION
The Council reached agreement with the University on a 90-day time limit for action on applications for Development Plans and Modifications of Development Plans. If the Council decides to re-open consideration of the provisions of this zoning district, we believe that the appropriate process to seek such a change would be through further discussion with the University. A Mayor’s Committee might be a productive mechanism to engage University representatives in discussion about time frames for action on applications.