ATTACHMENT 1

Implementing Language for Options to Minimize Impervious Surface

OPTION 1

Permitted Uses in the Resource Conservation District: The following uses are permitted in the Resource Conservation District (Section 5.5.1 of the Development Ordinance.

Permitted Uses

Provided they are permitted within the underlying zoning district, and subject to the provisions of Sections 5.6 and 5.8, the following uses shall be permitted uses within the Resource Conservation District:

a) pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, and other similar agricultural and related uses that do not require extensive land-disturbing activities or extensive use of fences or walls;

b) ground level loading areas, parking areas, and other similar ground level area uses;

c) lawns, gardens, play areas and other similar uses;

d) golf courses, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space, and other similar public and private recreational uses that do not require extensive use of fences or walls;

e) public utility and storm drainage facilities where there is a practical necessity to their location within the Resource Conservation District;

f) streets, bridges, and other similar transportation facilities where there is a practical necessity to their location within the Resource Conservation District;

g) accessory land‑disturbing activities ordinarily associated with a single-family or two-family dwelling, such as driveways, utility service lines, gardens, and similar uses;

h) public maintenance of streets, bridges, other similar transportation facilities and/or public utility and storm drainage facilities;

i) lakes, ponds, and associated infrastructure, such as dams, spillways, riser pipes and stilling basins, that are located outside of the regulatory floodplain, shall be permitted with a Special Use Permit pursuant to Article 18 of this chapter and only if a demonstrated public purpose is served.

We do not believe that it would be reasonable to eliminate all permitted uses through zoning regulations. However, the Council could choose to delete some of these permitted uses. The ordinance language that would accomplish this follows (sample):

b) ~~ground level loading areas,~~ parking areas, and other similar ground level area uses;

c) lawns, gardens, play areas and other similar uses;

d) golf courses, ~~archery ranges,~~ picnic grounds, parks, hiking or horseback riding trails, open space, and other similar public and private recreational uses that do not require extensive use of fences or walls;

e) public utility and storm drainage facilities where there is a practical necessity to their location within the Resource Conservation District;

f) streets, bridges, and other similar transportation facilities where there is a practical necessity to their location within the Resource Conservation District;

g) accessory land‑disturbing activities ordinarily associated with a single-family or two-family dwelling, such as driveways, utility service lines, gardens, and similar uses;

h) public maintenance of streets, bridges, other similar transportation facilities and/or public utility and storm drainage facilities;

OPTION 2

Maximum Parking Requirements: The Development Ordinance currently contains minimum parking requirements for specific uses. Attachment 1 is an excerpt from the Development Ordinance that prescribes these minimum requirements. The Council could insert a sentence in the Ordinance mandating that the number of parking spaces in a development cannot exceed 110% (or 120% or 130%, etc.) of the required minimum. The ordinance language that could accomplish this follows (sample):

On January 24, 2000, a Town Council petition was presented which proposed to eliminate the minimum parking requirements and instead establish a maximum parking requirement based on a percentage of the old minimum parking requirements. This could be accomplished with the following changes:

14.6.7 ~~Minimum~~ Base Off‑Street Parking Space Requirements

The following ~~minimum~~ base parking space ~~requirements~~ numbers shall apply for the appropriate use and zoning district. Parking space requirements shall not apply for uses located within the Office/Institutional-3 District.

A reduction of up to twenty percent (20%) of the minimum number of required parking spaces may be permitted through the granting of a minor variance by the Board of Adjustment if, based on substantial evidence in the record of its proceedings, the Board finds that compliance with the full minimum off-street parking space requirements of this section would necessitate the removal of or would seriously endanger significant specimen trees on or adjacent to the zoning lot on which such parking is required. Minimum parking requirements are established. Maximum requirements are at 120 percent of the base figure provided below:

Use Minimum Number of Parking Spaces

TC-1 and TC-2 Districts other than

Districts TC and 0I-3

Automotive, trailer,

and farm implement 1 per 500 sq. ft. of 1/500 sq ft. of

sales or rental enclosed exhibit area enclosed area

Bank 1 per 400 sq. ft. 1 / 350 sq. ft.

of floor area of floor area

Business, convenience 1 per 400 sq. ft. 1 per 4 seats

Restaurant of floor area

Other convenience 1 per 400 sq. ft. 1 / 250 sq. ft.

business of floor area of floor area

Business, general 1 per 400 sq. ft. 1 / 250 sq. ft.

of floor area of floor area

Business, office-type 1 per 400 sq. ft. 1 / 350 sq. ft.

of floor area of floor area

Clinic 1 per 400 sq. ft. 1 / 250 sq. ft.

of floor area of floor area

Dwelling, single family 1 per dwelling unit 2 / dwg unit

Dwelling, two-family

or multifamily:

Efficiency 1 per dwelling unit 1 per dwg unit

1 or 2 bedrooms 1 per dwelling unit 1.5 / dwg unit

3 or more bedrooms 1 per dwelling unit 2 per dwg unit

The ~~minimum number~~ base figure of parking spaces ~~required~~ for elderly or handicapped dwellings may be reduced to 1 per 2 dwelling units upon findings made by the Town Council that (1) reasonable assurances exist that the dwelling units served by the parking spaces will be maintained for occupancy by the elderly or handicapped and/or (2) that sufficient livability space exists on the property to ensure that should the units be converted to another form of occupancy or use, that sufficient parking can be provided on the site to satisfy the parking requirements of the new use, without violating the land use intensities of Section 13.11.

Fraternity or

Sorority house 1 per resident 1 per resident

Group care facility 1 per 2 beds 1 per 2 beds

Hospital 1.5 per bed 1.5 per bed

Hotel or motel 1 per lodging unit 1 / lodg unit

Maintenance and/or N/A 1 / 2 empls of

storage facility two lgst shifts combined.

Manufacturing, light N/A 1 per 2 employees of two largest shifts combined

Mobile home N/A 2 per unit

Mobile home park N/A 1 per unit

Personal services 1 per 400 sq. ft. 1 / 250 sq. ft.

of floor area of floor area

Place of assembly 1 per 4 persons 1 / 4 persons

Place of Worship N/A 1 / 4 seats

Public cultural 1 per 500 sq. ft. 1 / 500 sq. ft.

facility of floor area of floor area

Public use facility 1 per 400 sq. ft. 1 / 350 sq. ft.

of floor area of floor area

Research activities 1 per 400 sq. ft. 1 / 350 sq. ft.

of floor area of floor area

Residence Hall 1 per 2 residents 1 / 2 residents

Residential support 1 per 500 sq. ft. 1 / 500 sq. ft.

facility of floor area of floor area

Rooming house 1 per lodging unit 1 / ldging unit

School, elementary 1 per staff member 1 / staff mber

School, secondary 1 per 4 students 1 / 4 students

Shelter 1 per 1,000 sq. ft. 1 / 1,000 sq ft

of floor area of floor area

Tourist home 1 per lodging unit 1 / lodg unit

In the case of a use not listed above, the ~~minimum~~ maximum parking space requirement shall be determined by the Town Manager. In making such determinations, the Town Manager shall be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the use, and studies of minimum and maximum parking space requirements for such use in other jurisdictions.

OPTION 3

Reduce Street Widths in Residential Areas Under Certain Conditions: Required street widths are set in the Town’s Design Manual, not by ordinance. The Design Manual is a more flexible document than the Development Ordinance, and adjustment to standards can be made by Council direction to the Town Manager.

We note that the Council did not specify the conditions under which narrower streets would be desired. We suggest that streets to be considered for narrower standards be those that only serve for local, residential traffic. If the Council wishes to achieve narrower residential streets, it could direct the Town Manager to change the Town’s Design Manual. Options would include:

· Make the standard width for a local street 24 feet instead of 27 feet.

· Make the standard lane width for a collector street 11 feet instead of 12 feet.

· Eliminate bikelanes as a standard on collector streets.

· Eliminate the center turn lane as a standard on collector streets.

OPTION 4

Require Plantings between Sidewalks and Roadways: This kind of requirement, again, would be addressed through the Design Manual. Requiring such planting strips can provide for an alternative streetscape and is generally desirable. However, it does not reduce impervious surface, and requires more clearing and grading in the construction of the street (along with wider right-of-way requirements).

The following language, if adopted by the Council, would direct the Town Manager to adjust the Design Manual to require planting strips between sidewalks and roadways:

· Require a tree lawn of at least 8 feet between all curbs and sidewalks in new streets.

· Require a tree lawn of at least 10 feet between all curbs and sidewalks in new streets.

OPTION 5

Set Limits on Parking Lot Paving: This idea has previously been discussed by the Council, and we have prepared ordinance language that would limit the initial paving of parking lots. That language follows:

AMEND Subsection 14.6.7 of the Chapel Hill Development Ordinance to include the following paragraphs at the current termination:

EITHER --

For zoning districts other than the Town Center Districts, no more than the minimum number of parking spaces specified in this subsection may be constructed as surface parking at the time of initial occupancy or use of any new development. Additional approved parking (above the minimum requirement) may be graded and surfaced with either grass or turfstone (or other pervious surface) for overflow parking needs. After initial occupancy or use, additional approved parking may be constructed only after demonstration to the Town Manager that regular use is being made of the overflow areas. Parking lot shading requirements shall not apply to additional approved parking that is grass or turfstone.

OR --

For zoning districts other than the Town Center Districts, no more than (insert desired percentage here) of the minimum number of parking spaces specified in this subsection may be constructed as surface parking at the time of initial occupancy or use of any new development. Additional approved parking (above this percentage of the minimum requirement) may be graded and surfaced with either grass or turfstone (or other pervious surface) for overflow parking needs. After initial occupancy or use, additional approved parking may be constructed only after demonstration to the Town Manager that regular use is being made of the

OPTION 6

Measures to Encourage Shared Parking: The Transportation Board has suggested that the Town “encourage shared parking arrangements for existing and new development.” We note that the Development Ordinance currently allows shared parking in some circumstances. That concept could be broadened to include language in the Development Ordinance that makes universal the option to share parking between developments, with evidence of long-term agreements between property owners. The ordinance language that would accomplish this follows:

In accordance with Section 14.6.2, required parking may be located on another zoning lot subject to Town Manager certification of the following five requirements are met:

i) The use being served by the off‑site parking shall be a permitted principal use, as established in Article 12, in the zoning districts within which the zoning lot containing such parking is located;

ii) The off‑site parking spaces shall be located within twelve hundred (1,200) feet walking distance of a public entrance to the structure or land area containing the use for which such spaces are required. A safe, direct, attractive, lighted and convenient pedestrian route shall exist or be provided between the off‑site parking and the use being served;

iii) The continued availability of off‑site parking spaces necessary to meet the requirements of this section shall be ensured ~~by an appropriate restriction on the title to the land providing the off‑site parking spaces,~~ in the form of a ~~declaration, covenant, or~~ contract; and

iv) For purposes of determining applicable minimum and maximum land use intensities, the land area devoted to off‑site parking shall be added to the gross land area of the zoning lot containing the use being served by such parking and shall be subtracted from the gross land area of the zoning lot containing the off‑site parking.

v) Upon appropriate findings by the Town Council, churches may use off‑site parking to provide required parking without obtaining a restriction on the title to the land providing the off‑site parking spaces. Appropriate findings shall include reasonable assurance of the continued availability of off‑site parking and that sufficient excess livability space exists on the church's zoning lot to provide the required off‑street parking should the off‑site parking become no longer available.