AGENDA #7
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Final Draft - Land Use Management Ordinance
DATE: January 27, 2003
Tonight we present a Final Draft of the proposed Land Use Management Ordinance. This draft responds to issues discussed at a Public Hearing on January 6, 2003, and Council direction given that night.
The Council may choose tonight to enact the new Land Use Management Ordinance. Adoption of the attached ordinance would do so. We also suggest adoption of Resolution A, which directs that a certified copy of the superceded Development Ordinance be put on record for future reference purposes, and Resolution B, giving direction for follow-up initiatives.
BACKGROUND
Work on this ordinance began in January, 2001, in pursuit of goals established in Chapel Hill’s Comprehensive Plan (adopted May 11, 2000). Four drafts were prepared and considered at Public Hearings, forums, workshops, community meetings, and informational meetings. Mr. Mark White of the firm Freilich, Leitner and Carlisle has been the principal consultant working with Town staff to prepare, present, and revise materials.
The two principal goals articulated in the Comprehensive Plan are Neighborhood Conservation and Environmental Protection. The new ordinance has been drafted in recognition of the fact that more than 90% of the land within Chapel Hill’s Urban Services Boundary has been developed, and that regulatory attention needs to be focused on redevelopment and small scale projects, in addition to the few undeveloped tracts left in Town. We believe that the Final Draft presented for consideration tonight responds to these community conditions and goals.
The Final Draft was transmitted to Town Council members on January 17, and community distribution began in the days following January 17. The Draft is available for review in paper form (available at the Town Clerk’s office, the Planning Department, the Chapel Hill Public Library, and the Hargraves and Estes Drive Community Centers), available for review and downloading on the Town’s website, available electronically on compact disk at no charge, and available for purchase in paper form. The document is approximately 300 pages in length.
This memorandum tonight features an ordinance which, if adopted, would enact the new Land Use Management Ordinance, effective upon enactment. We also offer a review of the Council’s January 6 discussion, and alternative language on several key points as requested by the Council. We note that the Council also has asked for suggestions about how a 12-month monitoring process might be established to evaluate the Town’s experience in implementing these new regulations, and we offer suggestions here. Also, a series of attachments offers background information for the Council’s consideration:
· Attachment 1 contains materials presented to the Council on January 6.
· Attachment 2 offers a summary of issues raised on January 6.
· Attachment 3 offers a summary of how regulations apply to different situations.
· Attachment 4 compiles written information recently offered by citizens.
In a related set of discussions, the Town Council conducted its annual Planning Session on January 17, 2003. Part of that discussion focused on the Town’s Comprehensive Plan, and identified Council priorities for new initiatives during the next year. Several of those priorities are directly linked to implementation of the new Land Use Management Ordinance, and those priorities are noted in this memorandum.
DISCUSSION
Key areas in which this Final Draft differs from the last (Fourth) draft, as directed by the Council on January 6, are listed below. For each item, the page number is noted where that item appears in the Final Draft.
1. Reduce the threshold for Small House requirements. (page 75)
The Fourth Draft mirrored the current Development Ordinance in requiring that 25% of lots in a new subdivision carry restrictions on house size. The requirement was triggered for subdivisions creating 13 or more lots, and contained a split requirement: some of the houses would be limited to 1,350 square feet, some limited to 1,150 square feet. There was also a provision for substituting a “15% affordable” component instead of “25% small.” There was no payment-in-lieu option.
The Final Draft consolidates the size restrictions (a consistent “25% restricted to 1,350 square feet”), and lowers the threshold for triggering this requirement to 5 or more lots. The Final Draft keeps the “15% affordable” provision as an option, and adds an additional option for subdivisions of 5-12 lots: a payment-in-lieu of the required affordable units.
Please note that the Final Draft, in Section 3.8.5(e) on page 75 incorrectly requires that no enlargements be made to a size-restricted dwelling for five years. On January 6 the Council decided that the term of restriction should be adjusted to 30 months. We have included correction of this error in the attached enactment ordinance.
2. Raise maximum impervious surface limitations when development is accompanied by stormwater management facilities. (page 79)
The Fourth Draft specified a 50% maximum impervious surface limit Townwide for new development (except in the Town Center districts, where there is no maximum). The Final Draft sets 70% as the Townwide maximum (excluding the Town Center districts).
3. Clarify the definitions of Intermittent and Perennial Streams. (pages 258 and 265 )
The definitions have been adjusted as directed, to be more consistent with State definitions and to add objective criteria to field verification procedures. We note that a Council member has suggested that some key terms be referred to in more than one location in the ordinance, and we have incorporated that suggestion into the attached enacting ordinance.
4. Increase protection for areas with steep slopes. (page 146 )
The Fourth Draft stated that, for areas with 25% slopes or steeper, 50% of that area shall be preserved. The Final Draft requires that 75% of that area shall be preserved.
5. Adjust threshold for tree protection for single-family development. (page 162 )
The Fourth Draft specified that tree protection requirements shall apply to lots containing (or proposing to contain) single-family and two-family dwellings, if land disturbance associated with a building permit for such development would exceed 5,000 square feet.
The Final Draft specifies that tree protection requirements shall apply to lots containing (or proposing to contain) single-family and two-family dwellings, if land disturbance associated with a building permit for such development would exceed the sum of the following: (a) 5,000 square feet and (b) one-half of the area of the lot above 5,000 square feet.
6. Clarify the circumstances in which current Resource Conservation District boundaries would remain unchanged. (page 37)
We have noted previously that this new ordinance, as it has evolved over the last year, is going to be context-sensitive: that is, different requirements apply depending on the circumstances of particular situations. A change has been made to language on page 37 to clarify that the new, expanded Resource Conservation District boundary should apply to new development. Please see Attachment 3, which describes what regulations apply in what circumstances.
7. Clarify that Town-approved Master Plans, Development Plans, Special Use Permits, Subdivisions, Zoning Compliance Permits, Site Development Permits, and Site Plan Reviews may continue to proceed with authorized development under the regulations in place at the time of approval. (included in enacting ordinance)
The following language appears in the recommended ordinance, attached, that would enact the new Land Use Management Ordinance:
The new Land Use Management Ordinance shall apply to all development approved after this Ordinance becomes effective; provided, however, that Zoning Compliance Permit applications, Site Plan Review applications, Subdivisions, Master Plans, Special Use Permits, Development Plans, and Site Development Permits which received final approval from the Town Manager, Planning Board or Town Council, prior to the effective date of this Ordinance shall be subject to Development Ordinance regulations that were applicable immediately prior to the effective date of this Ordinance. For purposes of this Section, receipt of Master Plan approval prior to the effective date of this Ordinance means that future special use permit applications submitted pursuant to and consistent with an approved Master Plan or Development Plan shall also be subject to Development Ordinance regulations that were applicable immediately prior to the effective date of this Ordinance.
8. Adjust for typographical and technical errors, formatting, and internal references. (Throughout document )
Council members and others have noted numerous passages in the Fourth Draft where non-substantive adjustments were needed to correct errors and make formatting consistent. We have made these changes for the Final Draft. Please note that one of the Council’s formatting requests was to place a “header” on each page, indicating the section numbers being addressed on that page (much like a telephone book or dictionary). This is a time-intensive task that we would like to perform just once, so the headers do not appear in this Final Draft. They will appear in the published document following enactment.
We note that a reference in Section 5.15.3 is incorrect in the Final Draft, and have included an adjustment in the enactment ordinance.
ALTERNATE LANGUAGE
The Council asked for alternate language to be drafted for several provisions in the Final Draft, in a manner that could be considered in the process of enacting the new ordinance. As requested, we offer alternate language for the following provisions:
A. Increasing incentives for residential development in Town Center. (p. 77)
The Council asked for language, for consideration, which would increase the proposed incentive provisions that are intended to encourage residential development in the Town Center zoning districts. A proposal to accomplish this was offered by the Chamber of Commerce, and would change the table on page 77 as noted below:
Existing Table:
|
|
TC-1 |
TC-2 |
|
Multi-Family Dwellings |
Up to 5% or 1,000 sf of floor area, whichever is less |
Up to 5% or 1,000 sf of floor area, whichever is less |
|
Vertical Mixed Use Dwellings |
Up to 15% or 15,000 sf of floor area, whichever is less |
Up to 15% or 15,000 sf of floor area, whichever is less |
Proposed Table:
|
|
TC-1 |
TC-2 |
|
Multi-Family Dwellings |
Up to 33% of floor area
|
Up to 33% of floor area
|
|
Vertical Mixed Use Dwellings |
Up to 33% of floor area
|
Up to 33% of floor area
|
If the Council chooses to increase the incentives, it could specify in the enacting ordinance that this substitution be made.
B. Increasing the amount of money that would be expected to be offered as a payment-in-lieu of providing affordable housing options, to consider fractions of required units.
On January 13 Council members discussed, as part of consideration of a subdivision proposal, the fact that small-house and affordable housing requirements in the current Development Ordinance and the Final Draft of the proposed Land Use Management Ordinance, contain “round-down” provisions. This language appears on pages 75 and 76 of the Final Draft, and is excerpted below:
The minimum number of size-limited units shall then be determined by multiplying the maximum number of dwelling units permissible within the development proposal as determined herein by the percentage specified above (resulting fractions shall be dropped).
And, on page 76:
The minimum number of affordable units shall be determined as described in Section 3.8.5 with the number of units based on the permissible units on each lot and with resulting fractions dropped.
The Council could choose to adjust that concept for situations where a payment-in-lieu of affordable housing is proposed by an applicant, so that fractional payments are made. In the recent example of a 12-lot subdivision, the Council determined that an appropriate payment-in-lieu of providing an affordable housing opportunity would be $52,000 (based on discussions with and data provided by the Orange Community Housing and Land Trust). Using this figure, and considering that 12-lot subdivision for illustrative purposes, the alternatives for calculating payments-in-lieu result in the following:
|
|
# of lots in subdivision
|
25% “small house” |
15% “affordable” |
Payment-in-lieu (based on $52,000 for an affordable opportunity) |
|
Language in Final Draft |
12
|
3 houses (12 x .25 = 3)
|
1 house (.15 x 12 = 1.8) |
$52,000 (based on 1 house) |
|
Alternate Scenario (requiring payment of fractions)
|
12
|
3 houses (12 x .25 = 3)
|
1 house (.15 x 12 = 1.8) |
$93,600 (based on 1.8 houses) |
Alternate language to accomplish the alternate scenario above would be to insert the following on page 76 of the Final Draft:
The amount of the payment shall be calculated by multiplying the number of affordable housing units to be provided as calculated in Section 3.8.6.1(without dropping fractions) by an estimate of funding that would be needed to make a homeownership opportunity in the proposed development available to individuals and families with annual income at or below 80% of the area median income.
C. Grandfathering current Resource Conservation District boundaries on existing lots for all development.
The Fourth Draft of the proposed Land Use Management Ordinance contains the following language, on page 40:
For lawfully established lots or development existing on January 6, 2003 (or lots created pursuant to a Preliminary Plat approved by the Town Council prior to January 6, 2003), the Resource Conservation District Stream Corridor shall be that as prescribed by the Chapel Hill Development Ordinance in effect on January 5, 2003.
On January 6, we reported to the Council our belief that the Council’s intent with respect to “grandfathering” existing Resource Conservation District boundaries was that the new, expanded RCD boundary apply to new development, and that the old Resource Conservation District boundary apply to existing development and expansion of existing development. Accordingly we adjusted the language in the Final Draft to read as follows:
For single-family or two-family development on lots that were lawfully established prior to January 27, 2003 (or those lots identified on a Preliminary Plat approved by the Town Council prior to January 27, 2003), the Resource Conservation District Stream Corridor boundary shall be that as prescribed by the Chapel Hill Development Ordinance in effect on January 26, 2003.
With respect to continuation or expansion of development existing as of January 27, 2003, the Resource Conservation District Stream Corridor boundary shall be that as prescribed by the Chapel Hill Development Ordinance in effect on January 26, 2003. For new development other than single-family or two-family on an existing lot (created before January 27, 2003), the Resource Conservation District boundary shall be determined as described in this section.
We believe that the Council could choose either of these approaches, the language of the Fourth Draft or the language of the Final Draft.
Citizen Requests.
We note that there has been additional citizen correspondence suggesting alternate language regarding several issues. We recommend two of these adjustments that we describe below. We have included this language in the attached enactment ordinance:
D. Solar facilities: A message is attached from Mr. Josh Gurlitz, suggesting language to assure that restrictive covenants for new subdivisions do not include provisions that would limit solar access. Mr. Gurlitz suggests the following language, which we have included in our recommended ordinance of enactment:
Subdivisions shall not include covenants or other conditions of sale that restrict or prohibit the use, installation or maintenance of solar collection devices.
E. 1992 exemption for large lots in R-LD5 zoning district: In 1992, the Council created a new, large-lot zoning district (minimum lot size = 5 acres). At the time that land was zoned to this new district (R-LD5), the Council included the following exemption to avoid causing hardship for families intending to break off pieces of large tracts for family members (page 106 of current Development Ordinance):
Existing lots of record as of December 7, 1992, which are subsequently rezoned to R-LD5 can be subdivided to create up to three (3) lots of not less than two (2) acres gross land area in size each; provided, however the remaining land shall be developed with a minimum lot size of at least five (5) acres gross land area for each lot, and provided that no lot created under this exemption shall have a new direct access onto an arterial street.
This language did not get carried over into the Land Use Management Ordinance, and we believe this was an unintentional omission. We recommend adding the language, and have included language in our recommended ordinance of enactment.
In addition, we have received twelve pieces of correspondence offering additional suggestions. Copies are included here, in Attachment 4. The Council could choose to include additional adjustments, as suggested by citizens, in the enactment ordinance.
Attachment 4 includes these items of correspondence.
NEXT STEPS
The Council has indicated intent that, following enactment of the Land Use Management Ordinance, a series of initiatives would be set in motion. We describe each below, along with suggestions about how the Council might approach each one:
Neighborhood Conservation Districts: The new ordinance contains provisions that would allow new overlay zoning districts to be created, to help conserve the character and form of existing older neighborhoods. The first such neighborhood to come forward requesting use of this new tool has been the Northside neighborhood. We intend to bring a proposal to the Council in February on how this project might be initiated. This initiative was designated by the Council on January 17 as a high priority.
Parking Study: The Council decided not to make any changes to parking regulations at this time, pending study of local parking patterns, supply, and demand. This information could then form a foundation for a new set of parking requirements that would be grounded in local behavior and patterns. We will recommend a budget for such a study during the Council’s budget discussions this spring, and suggest an October Public Hearing as a target date. This initiative was designated by the Council on January 17 as a high priority.
Duplex Study: On October 21, 2002, the Council amended the Development Ordinance to eliminated “duplex” as a permitted use in the Residential-1, 2, and 3 zoning districts. In taking that action, the Council also decided that the change would revert back to former regulations in July, 2003, unless action were taken by the Town Council to amend or extend the provisions.
We recommend that the Council call a Public Hearing for May 19, 2003, to consider changes to duplex regulations. We would use opportunities between now and then to study historic and recent patterns in duplex development in Chapel Hill, and recommend appropriate language to the Town Council for consideration at Public Hearing. This initiative was designated by the Council on January 17 as a high priority.
Monitoring Initiative: We have suggested that, for the first 12 months after enactment of the new Land Use Management Ordinance, a system be set up to monitor how the new regulations are working. The Council has indicated interest in this idea, as have citizens and community groups. On January 6 the Council asked for ideas about how this system might be structured. This initiative was designated by the Council on January 17 as a high priority. We suggest consideration of the following:
· An open call to the community to offer comments, observations, and suggestions related to the new regulations. Mechanisms for receiving comments would include invitations for letters and email correspondence, “drop boxes” for suggestions and comments, and a mechanism on the Town’s website to offer comments.
· Report to the Town Council in June, 2003, compiling comments, observations, and suggestions for changes that might be appropriate.
· Report to the Town Council in November, 2003, reporting on all suggestions and offering a set of specific changes for consideration at Public Hearing.
· Public Hearing to be held in January, 2004, to hear citizen comment and consider adjustments and calibrations to the ordinance.
As we have stated previously it would be our intent, upon any discovery of a significant and clear error in the new ordinance, to immediately bring such a situation to the Council’s attention for consideration of immediate action to correct.
Design Manual: We have commented frequently during the preparation and review of this new ordinance that certain details and standards best belong in the Town’s Design Manual rather than the Ordinance. The Design Manual needs to be updated, and adjusted to match the new Land Use Management Ordinance. We have already started organizing for this work, and expect that work to revise the Design Manual will begin immediately following adoption of the Land Use Management Ordinance. We expect the work to take approximately 6-9 months to complete. This was indicated as a Level 2 Council priority on January 17.
Use Patterns: An initial draft of the new ordinance contained a series of Use Patterns: descriptions of particular types of development, including dimensional standards, that would represent desirable forms of development. As discussion proceeded, the Council determined that considerable additional work was needed on each pattern before any of the Use Patterns would be ready for implementation. The Council determined that a placeholder be left in the new ordinance and that work be taken up one-by-one by the Planning Board and Staff. The list of Use Patterns included in early drafts of the Land Use Management Ordinance follows:
This initiative was indicated as a Level 2 Council priority on January 17.
RESOURCES FOR IMPLEMENTATION AND ADMINISTRATION
We have noted previously that completion of this list of tasks, related to the new ordinance, along with the new responsibilities associated with implementation of new regulations and new information requirements called for in the new ordinance, will require higher levels of staff resources than are currently devoted to administration of development regulations. We have stated a need to discuss these resources with the Council as part of budget discussions this spring. Until additional resources are available, we will re-allocate staff resources as needed to best accomplish the Council’s highest priority work.
RECOMMENDATION
We recommend that the Council enact the new Land Use Management Ordinance, as presented in a Final Draft dated January 27, 2003, by adoption of the attached ordinance. The ordinance would make the enactment effective immediately, and would specify that any Master Plan, Development Plan, Special Use Permit, Subdivision, Site Plan Review application, Zoning Compliance Permit or Site Development Permit that had been approved prior to enactment would remain subject to the rules in place on January 27, 2003. Accordingly, we believe it is important to maintain a certified copy of the Town’s current Development Ordinance that is being replaced by the new Land Use Management Ordinance.
We recommend that, in addition to enacting the attached Ordinance, the Council also adopt the attached Resolution A acknowledging the version of the Development Ordinance that was in place at the time the new regulations were enacted, and directing the Manager to keep a certified copy of that ordinance on file.
We note that alternate language on several issues has been offered tonight in this memorandum. We believe that the Council may choose to substitute any of these alternatives as it enacts the new Ordinance.
Last, we recommend that the Council adopt a schedule that sets forth the next steps in the process of implementing and administering this new Land Use Management Ordinance. Resolution B would initiate work in the following areas, with the highest priority on the first four items:
· Begin discussions with Northside about a Neighborhood Conservation District.
· Study parking patterns and propose new parking regulations.
· Prepare language concerning regulation of Duplex Dwelling Units for consideration.
· Establish a process to monitor implementation and administration of the Ordinance.
· Update the Chapel Hill Design Manual.
· Begin considering Use Patterns.
Resolution B would also call a Public Hearing for May 19, 2003, to consider changes to duplex regulations.
ATTACHMENTS
1 Contains materials presented to the Council on January 6 (p. 16).
2 Offers staff comments on issues raised on January 6 (p. 54).
3 Offers a summary of how regulations apply to different situations (p. 55).
4 Compiles written information recently offered by citizens (p. 58).
Manager’s Recommendation
AN ORDINANCE TO ESTABLISH NEW LAND USE MANAGEMENT REGULATIONS FOR THE TOWN OF CHAPEL HILL, ITS EXTRATERRITORIAL PLANNING JURISDICTION, AND AREAS SUBJECT TO TOWN DEVELOPMENT REGULATION UNDER THE JOINT PLANNING AGREEMENT WITH ORANGE COUNTY (2003-01-27/O-2)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Chapter 24 of the Town of Chapel Hill Code of Ordinances is hereby amended to read as follows:
(Insert here Final Draft of the Chapel Hill Land Use Management Ordinance, dated January 27, 2003, including changes approved by Town Council prior to enactment).
Subject to the following changes:
Section 2. The new Land Use Management Ordinance shall apply to all development approved after this Ordinance becomes effective; provided, however, that Zoning Compliance Permit applications, Site Plan Review applications, Subdivisions, Master Plans, Special Use Permits, Development Plans, and Site Development Permits which received final approval from the Town Manager, Planning Board or Town Council, prior to the effective date of this Ordinance shall be subject to Development Ordinance regulations that were applicable immediately prior to the effective date of this Ordinance. For purposes of this Section, receipt of Master Plan approval prior to the effective date of this Ordinance means that future special use permit applications submitted pursuant to and consistent with an approved Master Plan or Development Plan shall also be subject to Development Ordinance regulations that were applicable immediately prior to the effective date of this Ordinance.
Section 3. All Ordinances and portions of Ordinances in conflict herewith are hereby repealed.
Section 4. This Ordinance shall be effective upon enactment.
This the 27th day of January, 2003.
Resolution A
A RESOLUTION DIRECTING THAT THE MANAGER PREPARE A CERTIFIED COPY OF THE CHAPEL HILL DEVELOPMENT ORDINANCE (2003-O1-27/R-12a)
WHEREAS, the Chapel Hill Town Council has enacted, on January 27, 2003, a new Land Use Management Ordinance that supercedes Chapel Hill’s Development Ordinance that was in place at that time; and
WHEREAS, there are multiple references in the new Land Use Management Ordinance to regulations that were in effect immediately prior to enactment;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to have the Chapel Hill Planning Director prepare and certify a copy of the Development Ordinance that was in effect on January 27, 2003, for reference and use in administering regulations under the new Land Use Management Ordinance.
BE IT FURTHER RESOLVED that the Town Clerk shall keep a copy of such certified January 27, 2003 Development Ordinance in the record of the Public Hearing on the Land Use Management Ordinance.
This the 27th day of January, 2003.
Resolution B
A RESOLUTION REQUESTING THE TOWN MANAGER TO PREPARE A WORK PROGRAM FOR TASKS ASSOCIATED WITH ENACTMENT OF A LAND USE MANAGEMENT ORDINANCE, AND CALLING RELATED PUBLIC HEARINGS (2003-01-27/R-12b)
WHEREAS, the Town Council has, on January 27, 2003, enacted a new Land Use Management Ordinance; and
WHEREAS, there are a number of initiatives to be pursued in order to most effectively implement the Council’s intent in administration of these regulations;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the Town Manager to prepare a work program and schedule, for the Council’s consideration, designed to accomplish the following tasks, with the highest priority on the first four items:
· Begin discussions with the Northside neighborhood about creation of a Neighborhood Conservation District for that area.
· Study parking patterns and propose new parking regulations.
· Prepare language concerning regulation of Duplex Dwelling Units for consideration.
· Establish a process to monitor implementation and administration of the Ordinance.
· Update the Chapel Hill Design Manual.
· Begin considering Use Patterns.
BE IT FURTHER RESOLVED that the Council calls a Public Hearing for May 19, 2003, for consideration of provisions related to Duplex Dwelling Units.
This the 27th day of January, 2003.