AGENDA #6b
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: New Zoning District - Proposed Development Ordinance Text Amendment
DATE: July 2, 2001
Adoption of the attached Ordinance would create a new zoning district: Office/Institutional-4. An accompanying memorandum describes a zoning atlas amendment that would apply the new district to the University’s main campus. The text amendment and rezoning proposals respond to ideas presented by the University about plans for development at the University.
BACKGROUND AND PROCESS
Last fall, discussions began between the Town and UNC regarding the University’s plans for future facilities, and the fact that growth on the University’s main campus was nearing maximum levels as set out in Chapel Hill’s development regulations. On October 23, Mayor Waldorf presented a proposed process for discussing issues of mutual concern between the Town and University, and subsequently appointed a Mayor’s Committee to meet with University representatives.
On April 23, the Council adopted a resolution endorsing a proposed schedule of action, including setting the date for the June 18 public hearings on a proposed new zoning district, and on a proposed rezoning for the main campus. According to the proposed schedule of action, the Council would consider action on the proposed OI-4 zoning district and the proposed rezoning of the Central Campus to OI-4 on July 2. If the new zoning district were to be adopted tonight and applied to the main campus, then we would expect the University to submit a Development Plan soon, which would be considered by the Planning Board and the Town Council in early fall.
DISCUSSION OF NEW ZONING DISTRICT PROPOSAL
We note that previous Council discussions have highlighted the fact that current development regulations would limit additional development on UNC’s main campus to less than 300,000 square feet of floor area for new facilities; previous discussions have also highlighted the University’s plans for several million new square feet of floor area, as contained in a Master Plan recently adopted by the University’s Board of Trustees. There has also been discussion of the recently successful State-wide bond referendum that will provide funding for much of this proposed development. In the context of these facts, we worked collaboratively with University officials and staff to design a new zoning district that could be applied to the main campus.
The objective of the proposed district is to allow for growth and development while protecting the community and environment from adverse impacts accompanying major new development. A key feature of the proposed district is the preparation of a Development Plan that would allow the property owner and the community to understand specifically what levels of development are being proposed, and what impacts would likely accompany the development, so that mitigation could be designed and implemented.
The Development Ordinance presently includes three office/institutional zoning districts:
A draft Ordinance establishing the proposed Office/Institutional-4 district as proposed on June 18 is attached. Also attached is a recommended revision of the June 18 version.
Also attached is a set of draft guidelines describing how standards and application submittal requirements might be configured for a Development Plan. Attached are guidelines for Transportation Analysis, Stormwater Management, and standards for noise and light impacts. The Transportation and Stormwater Management guidelines have been revised since June 18, as described below.
An inventory of the material comments and questions raised at the June 18 Public Hearing is attached, along with a staff response to each item as requested by the Council. Key points from the June 18 discussion:
In addition, we note that an issue has been raised about the effective date of this zoning district, if it is applied to a property, acknowledging the need for transition between the time of zoning and the time a Development Plan might be in place.
Based on recommendations from Advisory Boards and comments made at the Public Hearing, we recommend several adjustments to the proposed OI-4 district. Our revised recommendation includes the following changes:
(We believe that this language helps clarify the intent of the ordinance.)
(We agree with the Planning Board that the original language was an error.)
(This clarifies that the nature of public hearings would be similar to the type of hearing
that is conducted for review of a Special Use Permit.)
(If development is proposed within a Historic District, then the Town’s Historic District
regulations would apply. We have added language clarifying this.)
(The 5% factor described in Section 16.9 refers to 5% of whatever new floor area or
parking is approved in a Development Plan.)
(We believe this helps clarify expectations and requirements.)
(New language makes it clear that for the first six months after a property is zoned OI-4,
or until a Development Plan is approved, the provisions of the OI-4 zone do not become
effective).
A revised OI-4 ordinance is attached, with bold and strikethrough formats used to indicate sections that are changed.
We note that revisions have been made to the Transportation guidelines, subsequent to the June 18 hearing as follows:
*Under SCHEDULE on page one: first paragraph, second sentence is revised to read:
Subsequent updates shall be submitted in December 2003 and biennially thereafter (referred to as Biennial Updates) until construction of the buildings included in the Development Plan is substantially complete or until a new Development Plan is approved.
*Under SCHEDULE on page one, fourth paragraph: a new sentence is added after the words "December 2001" to read:
Subsequent updates shall be submitted in December 2004 and every three years thereafter until construction of the buildings included in the Development Plan is substantially complete or until a new Development Plan is approved.
* Additional street and intersection locations are added to Sections A and B.
The Stormwater Management Performance Standards have been modified to add language regarding controlling volume of runoff.
We believe that the draft ordinance as revised, and the accompanying guidelines as revised, would address and accomplish the objectives that have been articulated by the Town Council.
RECOMMENDATIONS
Planning Board Recommendation: At the June 5 Planning Board meeting, the Board voted 7-1 to recommend that the Council adopt the new OI-4 zone, with the following changes:
Staff Comment: We believe that the proposed change is reasonable. We have incorporated this change in the revised version of the ordinance.
Staff Comment: We do not recommend adding the word “net” to Section 16.4. We note that a development plan will propose building or removing housing, and if the Council approves the Development Plan, that set of activities will be permitted. We continue to believe that there should be no regulatory obstacle in the form of floor area restrictions for construction of new housing of any kind.
Staff Comment: We believe that it would be desirable to add this clarification in the proposed ordinance.We note that the intent of the public hearing referred to in Section 16.7.2 was to conduct the same type of hearing that takes place for consideration of a Special Use Permit application. For Special Use Permits, the Development Ordinance describes the nature of a public hearing as follows: “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 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.” We have incorporated this change in the revised version of the ordinance.
Staff Comment: We believe that the Planning Board was correct in its belief that the conjunction separating items (i) and (ii) in Section 16.7.3 should be “or.” We have incorporated this change in the revised version of the ordinance.
Please refer to the attached Summary of Planning Board Action for further discussion.
Manager’s Revised Recommendation: We recommend adoption of Ordinance A, which would amend the Development Ordinance creating a new, office/institutional zoning district, with the following changes to the draft presented on June 18:
We also recommend adoption of Resolution A, endorsing the use of the attached guidelines for review and evaluation of Development Plan applications.
We also recommend adoption of Resolution B, which would amend the Development Application fee schedule to include categories for “Development Plan” and “Site Development Permit.” Ordinance A and Resolutions A and B immediately follow.
Attachments:
1. Ordinance B – Original ordinance presented on June 18 (p. 17).
2. Revised Draft Transportation Impact Analysis Guidelines (p. 25).
3. Revised Draft Stormwater Management Performance Standards (p. 37).
4. Draft Noise and Light Performance Standards (p. 41).
5. Summary of Planning Board Action (p. 43).
6. Response to Questions and Comments Raised on June 18 (p. 44).
7. Copies of Correspondence from Citizens (p. 53).
8. June 18, 2001 Council Memorandum (begin new p. 1, resubmitted from the June 18 meeting).
Manager’s Revised Recommendation
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Development Ordinance creating a new office/institutional zoning district, 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 as follows:
SECTION I
AMEND Subsection 3.1.4 of the Chapel Hill Development Ordinance to read as follows:
3.1.4 Office/Institutional - 3 District (0I-3) and Office/Institutional-4 (OI-4)
The Office/Institutional - 3 (0I-3) and Office/Institutional-4 districts are intended to provide for major educational, research, public service, and office uses, and their necessary support functions, while minimizing conflicts with adjacent land uses.
SECTION II
AMEND Subsection 11.2.2 of the Chapel Hill Development Ordinance to read as follows:
11.2.2 Applicability
The provisions of this Article shall not apply to:
(a) trees, vegetation and land disturbing activity normally associated with the landscaping, construction or modification, or occupancy of any existing or proposed single-family or two-family dwelling on an individual lot smaller than 5 acres, unless the property owner voluntarily registers a rare or specimen tree as described in 11.6.4, provided, however, that Section 11.5 of this Article shall apply to all public and private lands within the Town and its extraterritorial jurisdiction;
(b) land in the Town's Office/Institutional-3 or Office/Institutional-4 zoning districts, provided, however, that Section 11.5 of this Article shall apply to all public and private lands within the Town and its extraterritorial jurisdiction;
(c) routine maintenance of existing vegetation outside the public right‑of‑way, such as pruning, watering and fertilizing;
(d) the removal of dead trees and shrubs, or trees and shrubs that have been diagnosed and determined to be diseased beyond treatment, the burden of proof being placed on the remover;
(e) the removal of soil or vegetation from undeveloped land to allow for noncommercial open space no greater than 1/4 acre, providing this activity does not take place within the critical root zone of any rare or specimen tree.
SECTION III
ADD a new Article 16 of the Chapel Hill Development Ordinance to read as follows:
ARTICLE 16: OFFICE/INSTITUTIONAL-4 ZONING DISTRICT
16.1 Purpose and Intent
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 Article 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.
16.2 Overview of Development Review Procedure
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 Section 16.3.2, 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 Manager that such individual building plans are generally consistent with the Council-approved Development Plan.
For development proposed within an OI-4 zoning district that is not included in a Council-approved Development Plan, but is a minor change according to the provisions of Section 16.9, 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 Council-approved Development Plan and that cannot be considered a minor change to the Plan according to Section 16.9, such development shall be considered to be a Special Use, and subject to the Special Use Permit procedural requirements of Article 18. 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 has elapsed, whichever comes first.
16.3 Development Plan
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.
16.3.1 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:
(i) Transportation Management (traffic, transit, parking, bikes, pedestrians, air quality);
(ii) Stormwater Management Analysis (quantity and quality); and
(iii) 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.
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 Development 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 Section 16.8.2.
16.4 Permitted Uses and Development Intensities
Permitted uses shall be identical with uses listed in the “Schedule of Use Regulations” (Section 12.3) 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 Section 16.6).
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.
16.5 Standards
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:
(a) Noise: Noise levels from development proposed in the Development Plan shall not exceed those allowed by the Town of Chapel Hill Noise Ordinance.
(b) Environment: Development proposed in the Development Plan shall minimize impacts on natural site features, and be accompanied by measures to mitigate those impacts.
(c) Transportation: Development proposed in the Development Plan shall be accompanied by measures to mitigate transportation impacts that are caused by the development.
(d) 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.
(e) 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.
(f) Historic Districts: Provisions of Article 6 of this Chapter shall apply to any development proposed within one of Chapel Hill’s Historic Districts..
16.6 Perimeter Transition Areas
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:
(i) Screening mechanical equipment
(ii) Exterior lighting
(iii) Height limits
(iv) Landscaping
16.7 Procedures for Approval of Development Plans
Applications for a Development Plan, Special Use Permit, or Site Development Permit shall be filed with the Town Manager.
The Town Manager shall prescribe the form(s) of applications as well as any other material he may reasonably require to determine compliance with this article. Applications shall include information described in Section 16.3.1.
Applications for Development Plan approval shall be reviewed by the Planning Board and forwarded to the Town Council for consideration at a public hearing.
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.
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 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.
The applicant shall bear the burden of presenting evidence sufficient to establish persuasively that the proposed development will comply with the determinations required in Section 16.7.3.
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.
The Town Council shall approve a Development Plan unless it finds that the proposed development would not:
(i)
Maintain the public health, safety, and general welfare; or and
(ii) Maintain the value of adjacentproperty.
Town Council action shall be to:
(a) Approve;
(b) Approve with conditions; or
(c) Deny.
16.8 Actions After Decision on Development Plan
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 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.
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 may reasonably require to determine compliance with the Development Plan. If the Manager finds that the application is consistent with the Development Plan, he shall approve the application and issue the Site Development Permit within 15 working days of the submittal of a complete application. If the Manager finds that the application
is not consistent with the Development Plan he 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 Article 18. Alternatively, the applicant may apply for an amendment to the 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 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 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 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:
(a) A change in the boundaries of the Development Plan approved by the Council shall constitute a modification;
(b) A substantial change in the floor area or number of parking spaces approved by the 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 Council would be considered substantial.);
(c) Substantial changes in pedestrian or vehicular access or circulation approved by the 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
(d) Substantial change in the amount or location of open areas approved by the 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 Article for initial approval of a Development Plan.
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
SECTION V
That these amendments shall become effective upon adoption.
This the 2nd day of July, 2001.
RESOLUTION A
Manager’s Recommendation
A RESOLUTION ENDORSING GUIDELINES FOR USE BY THE TOWN COUNCIL WITH CONSIDERATION OF A DEVELOPMENT PLAN IN THE OFFICE/ INSTITUTIONAL-4 ZONING DISTRICT (2001-07-02/R-9a)
WHEREAS, the Town Council has adopted a Development Ordinance text amendment which creates a new zoning district: Office/Institutitonal-4; and
WHEREAS, the Office/Institutional-4 zoning district includes application submittal requirements that include provision of analysis of impacts resulting from proposed development, along with options to mitigate impacts relating to:
· Transportation Management
· Stormwater Management
· Noise and Lighting
WHEREAS, the Town Council has reviewed final drafts of the following documents prepared by Town and University staff:
· Transportation Impact Analysis Guidelines dated June 26, 2001,
· Stormwater Management Performance Standards dated June 26, 2001, and
· Noise and Light Performance Standards dated May 23, 2001.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that these guidelines are hereby endorsed for use in evaluating impacts resulting from proposed development identified on a Development Plan in the Office/Institutional-4 zoning district.
This the 2nd day of July, 2001.
RESOLUTION B
Manager’s Recommendation
A RESOLUTION AMENDING THE FEE SCHEDULE FOR DEVELOPMENT REVIEW FEES TO ADD A DEVELOPMENT PLAN REVIEW FEE AND SITE DEVELOPMENT PERMIT FEE (2001-07-02/R-9b)
WHEREAS, the Town Council has adopted a Development Ordinance text amendment which creates a new zoning district: Office/Institutitonal-4; and
WHEREAS, the Town Council has, with the establishment of the Office/Institutional-4 zoning district, created two new types of development applications:
WHEREAS, the Town Council has determined that application of a development review fee would be appropriate for these types of new applications;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Fee Schedule for Development Review (current copy attached) is hereby amended to add the following new fees:
OI-4 Development Plan …………………………………………..$800 + $40/acre
OI-4 Site Development Permit ……………….……………………………..$125
This the 2nd day of July, 2001.