AGENDA #2
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Office/Institutional-4 Zoning District, Land Use Management Ordinance Text Amendment
DATE: October 18, 2004
This Public Hearing has been called to consider changes to the Office/Institutional-4 zoning district provisions of the Land Use Management Ordinance. This report provides a discussion of the proposed changes. We recommend that the Council initiate discussion with University representatives to review these ideas. Alternatively, if the Council wishes to consider enacting changes as proposed, preliminary recommendations are included in this memorandum.
BACKGROUND
In 1981, the Chapel Hill Town Council created a zoning district called Office/Institutional-3, and applied this zoning to several large parcels of land that were owned by the University of North Carolina at Chapel Hill. Among those parcels was the University’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, derived 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 of raising the floor area ratio, 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 2000, the Town Council and University representatives 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 for reconsideration of the required action time limits specified in the OI-4 district for Town Council review of a Development Plan. The Council referred this petition to the Town Manager and, in September 2003, the Town Manager submitted a report to the Town Council for consideration. 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, 2004, the Council decided to call a Public Forum to hear citizen comments on this topic. The Forum was held on March 1.
On April 26, 2004, the Council adopted a resolution (copy attached) which called a Public Hearing for October 18, 2004, to consider specific adjustments to the Office/Institutional-4 provisions of the Land Use Management Ordinance.
REVIEW OF OI-4 PROVISIONS
The OI-4 zoning district was created following a series of discussions between the Town and the University. The new zoning district was established by the Town Council 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 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:
Key differences between a Development Plan in the OI-4 district and a Special Use Permit in another district are the following OI-4 provisions:
DISCUSSION OF PROPOSED AMENDMENTS
The Council called this Public Hearing to consider the following adjustments to the Office/Institutional-4 zoning district. We recommend that the Council begin discussion with University representatives to review these ideas. The Manager’s preliminary comments are provided regarding each of the proposed changes included in the resolution adopted by the Council, to offer options for discussion. We recognize that other options could be considered.
Comment: We offer the following options for consideration:
b. Encourage University officials to provide a pre-application review of any proposed Development Plan or Modification.
c. No change.
We recommend consideration of (a) above. The Planning Board voted 10-0 to recommended (a) above. We believe that discussion of a Concept Plan at the beginning of the process helps to identify key issues at an early stage of consideration, and allows the Council and the community opportunities to offer early input.
Comment: We offer the following options for consideration:
We recommend consideration of (a) above. As noted above, we believe that the opportunity to comment on a Concept Plan at the outset of consideration of a Development Plan (or Plan Modification) helps facilitate discussion and highlights key issues at an early stage. With this Council and community review at the beginning, before the clock starts running, we believe that 90 days is sufficient time for full consideration of an application. The Planning Board voted 9-1 to recommend (b) above.
Comment: We offer the following options for consideration:
a. Lengthen the review period for Development Plan Modifications which involve changes in a Perimeter Transition Area from 90 to 120 days.
b. Require a separate, subsequent process for Council approval of development in a Perimeter Transition Area in circumstances where a Perimeter Transition Area is established as part of a Development Plan approval.
c. No change.
We recommend consideration of (a) above. The Planning Board voted 10-0 to recommend (a) above. We believe that additional time would be desirable for action on applications in perimeter areas, where community issues are most likely to be raised.
Comment: We offer the following options for consideration:
a. Change the Ordinance to include the same provisions for Planning Board review of a Development Plan as we have for Special Use Permits. (This change would require that the Planning Board make a recommendation, and would give the Planning Board 35 days from receipt of a staff report to make a recommendation. This time allocation typically could be accommodated within the present 90-day review period, but there could be circumstances where, if the Planning Board were to take the full 35 days, the Council’s time for consideration of the Planning Board’s recommendation might be limited.)
b. Require the Town Manager to forward a Staff Report on a Development Plan or Modification application to the Planning Board within 30 days of acceptance of such as application, and require the Planning Board to make a recommendation within 30 days of receipt of a Staff Report.
c. No change.
We recommend consideration of (c) above. The current process, affording the Planning Board opportunity to offer comments but not to mandate that a Planning Board recommendation be made, was a key point of the Council-University discussion at the time the OI-4 district was initially created. We believe that the current provisions strike a reasonable balance between allowing time for community consideration and the desire for timely Council action. The Planning Board voted 10-0 to recommend (a) above.
Comment: We offer the following options for consideration:
a. Ask University officials, with adoption of a separate resolution, to participate in quarterly or semi-annual meetings to provide the Town Council with updates on University development activity, including upcoming projects that would require a Development Plan Modification.
b. Ask University officials, with adoption of a separate resolution, to provide a quarterly or semi-annual report to the Town Council to provide an update on development activity, including upcoming projects that would require a Development Plan Modification.
c. No change.
We recommend consideration of (a) above. The Planning Board voted 10-0 to recommend (a) above. We believe that face-to-face meetings, with opportunities to ask questions and engage in dialogue, are important, desirable, and help to improve working relationships.
Comment: We offer the following options for consideration:
a. Add the language to the Ordinance to require that the Town Council make the finding in order to approve a Development Plan or Modification.
b. Do not add the finding.
c. Add this item to a list of discussion topics for the Council and the University to explore as part of a larger discussion about the OI-4 zoning district.
We recommend consideration of (c) above. During the negotiations which initially led to the creation of the Office/Institutional-4 zoning district, the University specifically requested that this finding not be included. The Town Council concurred. We believe that the State’s mission in operating the University may not always be aligned completely with language in the Town’s Comprehensive Plan, and that this proposal would benefit from further discussions with University officials. Further, we believe that such discussions might also constructively address the impacts of recent legislative changes that affect the Town’s regulation of University development. The Planning Board recommended (a) above.
Comment: We offer the following options for consideration:
a. Add the language to the Office/Institutional-4 district regulations that would require the Town Council to make a finding that the Development Plan or Modification complies with all applicable regulations.
b. Do not add the finding.
We recommend consideration of (b) above (no change). During the negotiations which initially led to the creation of the Office/Institutional-4 zoning district, the University specifically requested that this finding not be included. The Town Council concurred. Whereas most of the other proposed changes discussed in this memorandum are procedural in nature, this proposed change involves significant substantive changes. There are numerous dimensional standards in the Land Use Management Ordinance that are applied Town-wide, but would not necessarily be applicable to the University campus. That is one of the reasons that this zoning district was created. In addition, the level of detail included in a Development Plan typically would not allow full determination of a finding of compliance with dimensional regulations; a Development Plan in that regard is more similar to a Master Plan than to a Special Use Permit. The Planning Board voted 10-0 to recommend (a) above.
Comment: We offer the following options for consideration:
a. Adopt an Ordinance amendment which would require periodic public review of University projects to see if the University is adhering to the Comprehensive Plan goals and objectives.
b. Do not adopt an Ordinance requirement to this effect.
We recommend (b) above (no change). The Planning Board voted 10-0 to recommend (b) above. To the extent that this proposed change would be directed at introducing Comprehensive Plan considerations during the Development Plan approval process, we believe this issue is the same as issue #6, above, and offer the same comments and recommendation. To the extent that this proposed change would be directed at projects during construction, we believe that procedures are already in place to assure compliance with conditions of approval for all applications. The Town Manager is responsible for enforcement of zoning regulations and conditions of development approvals. (Exception: State agencies are responsible for enforcing requirements related to water quality and soil erosion for State construction projects.) Town processes and records related to development are public records.
PROTEST PETITION
By law, formal “Protest Petitions” may be filed to protest these text amendments. A valid and sufficient formal Protest Petition meeting the legal requirements would increase the number of votes needed to enact these text amendments. University officials have filed a valid and sufficient Protest Petition. A three-fourths vote by the Council would be required to enact the text amendments. We will report at tonight’s Public Hearing regarding any valid protest petitions that have been submitted.
RECOMMENDATIONS
Planning Board Recommendation: On September 14, 2004, the Planning Board reviewed each of the eight proposals separately and provided recommendations as described above, and summarized in the table below.
Ordinance B and Resolution A include the recommendations of the Planning Board. Please refer to the attached Summary of Planning Board Action.
Manager’s Preliminary Recommendation: We recommend that the Council initiate discussion with University representatives to review these proposed changes. Alternatively, the Council could choose to enact changes at its next meeting. If the Council wishes to act on the basis of tonight’s hearing, we recommend enactment of Ordinance A and adoption of Resolution A. Because these proposed text amendments are individual changes, we believe it may be appropriate to separate the amendments so that they may be considered separately. When this item returns to the Town Council, we will separate the proposed text amendments for consideration.
The table on the following page summarizes the differences between the Planning Board recommendation and the Manager’s preliminary recommendation.
|
Proposal |
Manager’s Preliminary Recommendation (Ordinance A and Resolution A) |
Planning Board Recommendation (Ordinance B and Resolution A) |
|
1. Require a Concept Plan Review |
Yes |
Yes |
|
2. Allow more time for Council action on a Development Plan application |
Stay with current requirement for action within 90 days |
Increase the requirement to 120 days |
|
3. Lengthen review period for applications in a Perimeter Transition Area from 90 to 120 days |
Yes |
Yes |
|
4. Require that the Planning Board make a recommendation on applications |
No, offer opportunity to comment |
Yes, require a Planning Board recommendation
|
|
5. Establish a system of quarterly meetings with University representatives |
Ask University officials to participate in quarterly or semi-annual meetings |
Ask University officials to participate in quarterly or semi-annual meetings |
|
6. Add a finding that the Council must make: “That the University’s plan/modifications comply with the Town’s Comprehensive Plan”
|
Add to list for discussion with University representatives |
Yes, add the finding |
|
7. Add a finding that the Council must make: “That the University’s plan/modifications comply with all applicable regulations”
|
No, do not add the finding |
Yes, add the finding |
|
8. Require public Town reviews of projects to see if the developers are adhering to the standards of the Comprehensive Plan
|
No, do not adopt an Ordinance requirement to this effect
|
No, do not adopt an Ordinance requirement to this effect
|
ATTACHMENTS
1. Draft Ordinance A (p. 10).
2. Draft Ordinance B (p. 18).
3. Draft Resolution A (p. 26).
4. Summary of Planning Board Action (p. 27).
5. Resolution adopted by the Council on April 26, 2004 (p. 29).
(Manager’s Preliminary Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to ADJUST THE OFFICE/iNSTITUTIONAL-4 pROVISIONs
WHEREAS, the Council of the Town of Chapel Hill has been concerned about the provisions of the Office/Institutional-4 zoning district provisions; and
WHEREAS, the Town Council has found that adjustments to the Office/Instititional-4 zoning district are desirable, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
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.
(b) Overview of Development Review Procedures
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)(d)(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.
Prior to submittal of a Development Plan or Modification of Development Plan, a Concept Plan Review shall be conducted by the Town Council. It is the intent of the Conceptual Development Plan process to provide an opportunity for the Town Council, Town Manager and citizens to review and evaluate the impact of the proposed development on the character of the area in which it is proposed to be located.
(1) Submittal Requirements. Applications for Conceptual Development Plan review shall be filed with the Town Manager. The Town Manager shall prescribe the form(s) on which information shall be submitted. Application submittal requirements shall include the following:
A. Descriptions of proposed development with building locations, building sizes, parking arrangements, and description of building heights with consideration of impact on adjacent areas.
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)(i) (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)(g)).
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)(d)
(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) (h)(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 unless the application involves changes in a Perimeter Transition Area. If the application involves changes in a Perimeter Transition Area, Town Council action shall occur within 120 days of the 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.
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That these amendments shall become effective upon adoption.
This the ___ day of ________, 2004.
(Planning Board Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to ADJUST THE OFFICE/iNSTITUTIONAL-4 pROVISIONS
WHEREAS, the Council of the Town of Chapel Hill has been concerned about the provisions of the Office/Institutional-4 zoning district provisions; and
WHEREAS, the Town Council has found that adjustments to the Office/Instititional-4 zoning district are desirable, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
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.
(b) Overview of Development Review Procedures
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)(d)(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.
Prior to submittal of a Development Plan or Modification of Development Plan, a Concept Plan Review shall be conducted by the Town Council. It is the intent of the Conceptual Development Plan process to provide an opportunity for the Town Council, Town Manager and citizens to review and evaluate the impact of the proposed development on the character of the area in which it is proposed to be located.
(1) Submittal Requirements. Applications for Conceptual Development Plan review shall be filed with the Town Manager. The Town Manager shall prescribe the form(s) on which information shall be submitted. Application submittal requirements shall include the following:
A. Descriptions of proposed development with building locations, building sizes, parking arrangements, and description of building heights with consideration of impact on adjacent areas.
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)(i) (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)(g)).
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)(d)
(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. The Planning Board shall review the application and the Town Manager’s report and shall submit to the Town Council a written recommendation based on the findings required in subsection (h)(3). The Planning Board shall prepare its recommendation within thirty-five (35) days of the meeting at which the Town Manager’s report is submitted to it or within such further time consented to in writing by the applicant or by Town Council resolution. If the Planning Board fails to prepare its recommendation to the Town Council within this time limit, or extensions thereof, the Planning Board shall be deemed to recommend approval of the application without conditions.
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) (h)(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 90 120 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.;
· Complies with all required regulations and standards of this Chapter, including all applicable provisions of Article 2 and with all other applicable regulations; or
· Conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.
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.
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That these amendments shall become effective upon adoption.
This the ___ day of ________, 2004.
A RESOLUTION ASKING UNIVERSITY OFFICIALS TO PARTICIPATE IN QUARTERLY OR SEMI-ANNUAL MEETINGS
WHEREAS the Council of the Town of Chapel Hill is interested in reviewing the status of University of North Carolina at Chapel Hill development projects under construction, and previewing University developments that are planned;
NOW, THEREFORE BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests that representatives from the University of North Carolina at Chapel Hill participate in quarterly or semi-annual meetings to provide the Town Council with updates on University development activity, including upcoming projects that would require a Development Plan Modification.
This the ___ day of ______, 2004.