TOWN OF CHAPEL HILL NORTH CAROLINA

Transcription

1 TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 09/01/2015 MEMORANDUM TO: FROM: SUBJECT: Planning Commission LUMO Update Project Team Land Use Management Ordinance Text Amendment Accessory Apartments, Bed & Breakfasts, Parking Lot Landscaping Recommended Action That the Planning Commission consider a proposed text amendment to the Land Use Management Ordinance (LUMO) for Accessory Apartments, Bed & Breakfasts and Parking Lot Landscaping, and recommend that the Town Council enact the proposed Ordinance A attached to this memorandum. Explanation of Recommendation The Chapel Hill 2020 Comprehensive Plan identifies the need for a review and update to the LUMO 1 in order to modernize the land development regulations and align them with the community s adopted Plan. The LUMO requires the Planning Commission to forward a recommendation to the Town Council on proposed text amendments. Context with Key Issues Tonight, we ask the Commission to consider three of the six topic areas identified for Phase One of an update to the LUMO. The other three topics signage, water quality and neighborhood character standards will be brought forward for consideration by the Commission at its next meeting on September 15 th, Topic Area Accessory Apartments Bed & Breakfasts Summary of Proposed Changes The proposed changes are designed to modify existing regulations in order to permit more accessory apartments. Adjustments include and a new requirement for one offstreet parking space and an exemption to the existing double minimum lot size provision. Modified from Original Proposal The proposed changes are designed to create new regulations that would permit traditional bed and breakfast establishments. This ordinance 1

2 would apply throughout the Town, except in the Historic Districts. Although there is a market relationship with short term rentals (e.g. Airbnb, VRBO, etc.), this ordinance only seeks to regulate traditional bed & breakfasts. If the Council is interested, staff can propose a new short term rental ordinance in a later phase of the LUMO update. As appropriate, staff can also continue to explore with the help of the Historic District Commission new guidelines that would better address bed & breakfasts within the Town s local Historic Districts. Parking Lot Landscaping The proposed changes are designed to improve existing regulations by: (1) allowing multifunctional landscaping for stormwater mitigation, (2) simplifying tree canopy calculations, (3) improving screening and (4) reinforcing Americans with Disabilities Act (ADA) accessibility requirements. Background On May 19 th, , the staff presented the Planning Commission with a proposed schedule and process for considering updates to the LUMO. The proposal was informed by information received from the Council at the May 11 th, 2015 Business Meeting 3. Over the course of three meetings held between July 21 st and August 18 th, 2015, the Planning Commission received information and began reviewing the six topic areas being considered for Phase One of the update. Fiscal Note If approved, the proposed changes could generate additional revenue from permitting of accessory apartments and bed & breakfast establishments. Council Goal: Create a Place for Everyone Support Community Prosperity and Engagement Develop Good Places, New Spaces Nurturing Our Community Attachments Draft public hearing memorandum (for three of six topics only) Resolution of Consistency With the Comprehensive Plan (Resolution A) Ordinance to Enact Text Amendment (Ordinance A) Resolution Denying the Text Amendment (Resolution B)

3 MEMORANDUM TO: FROM: SUBJECT: Roger L. Stancil, Town Manager LUMO Update Project Team Public Hearing: Land Use Management Ordinance Text Amendment for Six Topic Areas Accessory Apartments, Bed & Breakfasts, Neighborhood Character Standards, Signage, Parking Lot Landscaping and Water Quality DATE: September 28, 2015 ***This draft Staff Report includes detailed information about Accessory Apartments, Bed & Breakfasts and Parking Lot Landscaping. A full version of the draft report to Council including details about Signage, Water Quality and Neighborhood Character Standards will be provided with the September 15, 2015 Planning Commission item.*** PURPOSE Tonight, the Town Council will consider and take public comment on a text amendment to the Land Use Management Ordinance that focuses on changes to the six topic areas listed below: Accessory Apartments Bed & Breakfasts Neighborhood Character Standards Signage Parking Lot Landscaping Water Quality INTRODUCTION The Land Use Management Ordinance (LUMO) serves as a set of regulations that govern development in the Town of Chapel Hill. These regulations establish rules and procedure for development based on different land uses and the specific standards that determine where and how they may occur. Chapel Hill 2020, the Town s adopted Comprehensive Plan, calls for a review and update to the LUMO. The list of topic areas described above represents Phase One of the LUMO Update project.

4 An overview of the proposed changes is presented within the cover memorandum above. More information about each topic can be found in the summary section to follow, including details about the proposed changes and feedback from Town Advisory Boards and Commissions as well as the public comments received. Preliminary staff recommendations are presented at the conclusion of this memorandum. BACKGROUND In January of this year, the staff and the project consultant (Code Studio) began working on drafts of the topic areas for public comment and review. Following the May 11 th Council Business Meeting, the staff developed a project schedule and public input process that was reviewed by the Planning Commission at its May 19 th meeting. Drafts for the six topics listed above were presented at Public Information Meetings on June 15 th and 16 th. Town Advisory Boards and Commissions then reviewed the topics most closely associated with their charge from June 23 rd through August 25 th. A full list of meeting dates and corresponding materials appear on the project web pages for the LUMO Update 1. As part of this project, the Town has experimented with the use of a web-based program called OpenComment. 2 This tool provides an online portal for posting public comments and serves as an additional option for participation in the public process. More specifically, OpenComment allows users to register, make comments, reply to existing posts and download PDFs of the draft documents. The staff has received helpful feedback from some of the early participants and will look for ways of enhancing the use of this tool in the future. SUMMARY OF TEXT AMENDMENT AND FEEDBACK RECEIVED The proposed text amendment can be described as a series of changes to the LUMO for the purposes of improving or creating new regulations for the six topic areas described in more detail below. Each topic area summary includes: (1) a description of intent, (2) a list of the proposed changes and goals, (3) recommendations and comments from Town Advisory Boards and Commissions, (4) themes from public comments and (5) collection of public comments and feedback received via the OpenComment tool, or other means. A full description of all six topics within the proposed text amendment appears below in the Ordinance to Enact Text Amendment (Ordinance A)

5 (1) Description of Intent and (2) List of Proposed Changes and Goals: Accessory Apartments The proposed changes are designed to permit more accessory apartments in Chapel Hill. Proposed Changes: Goals: Remove requirement for double lot area Clarify that accessory apartments are not subject to density or floor are ratio limits (like all other singlefamily) Require 1 off-street parking space per unit Maintain limits of 750 square feet and no more than 50% of principal dwelling s floor area (today s regulations) Bed and Breakfasts Increase housing options and affordability by allowing more accessory apartments in Town Allow more small-scale construction to reduce environmental impacts from development (e.g., lower energy demands of new housing) Take advantage of existing infrastructure/services (e.g., roads, utility connections) Ensure adequate parking for accessory units The proposed changes are designed to create new regulations that would permit traditional bed and breakfast establishments in Chapel Hill. Proposed Changes: Goals: Allow up to 4 guest rooms permitted by right Allow up to 12 guest rooms through special use permit Require on-site parking: minimum of 0.75 spaces/guest room for owner and 1.0 per employee Require 600-foot spacing between bed and breakfasts (about 1 block) Limit special events to 25 guests, with specific hours Require a Zoning Compliance Permit, renewable every 2 years Allow bed and breakfast establishments by defining and regulating them as a permitted use Determine appropriate zoning districts Control scale of operation, manage special events Ensure adequate parking Require applicants to renew Zoning Compliance Permit Ensure congruity of bed & breakfast uses in the local historic districts with surrounding historic neighborhood

6 Parking Lot Landscaping The proposed changes are designed to: (1) allow multifunctional landscaping for stormwater mitigation, (2) simplify tree canopy calculations, (3) improve screening and (4) reinforce Americans with Disabilities Act (ADA) accessibility requirements. Proposed Changes: Goals: Add tables and illustrations to help describe the standards Add a provision to permit multifunctional landscaping for stormwater mitigation Add clearer standards for tree canopy and improved screening Add provisions to reinforce ADA accessibility requirements Illustrate and clarify current standards Allow for stormwater management in conjunction with landscaping Improve parking, drive-thru screening (3) Recommendations and Comments from Town Advisory Boards and Commissions Key: = approval recommended X = denial recommended = comments only a) Summary Chart Housing Advisory Board Accessory Apartments Bed and Breakfasts Recommended approval as proposed Historic District Commission Environmental Stewardship Advisory Board X Recommended denial with conditions Parking Lot Landscaping Recommended approval with comments Stormwater Utility Advisory Board Provided detailed comments

7 (3) Recommendations and Comments from Town Advisory Boards and Commissions Key: = approval recommended X = denial recommended = comments only b) Detailed Recommendations, Comments and Staff Responses Accessory Apartments Advisory Board Feedback Staff Response The Housing Advisory Board voted unanimously (6-0) on August 11 th to recommend the proposed changes to the LUMO for Accessory Apartments. Noted. Bed and Breakfasts Advisory Board Feedback Staff Response The Historic District Commission voted 4-2 on August 11 th to recommend that the Council NOT enact the proposed Bed & Breakfast Ordinance and noted that if the Council does enact the proposed Bed & Breakfast Ordinance that the Council exempt properties in the local historic districts. Note: Commission members voting in opposition to the majority did so because they saw the proposed ordinance as an opportunity to preserve historic properties and believed that the draft could be further improved instead of rejected. X Noted. Click here 3 for more details. Parking Lot Landscaping Advisory Board Feedback Staff Response On August 11 th, the Environmental Stewardship Advisory Board voted unanimously (5-0) to endorse the proposal with following comments: 3

8 1. Overall, the ESAB finds the proposed changes for Parking Lot Landscaping and Water Quality standards to be positive for the environment and to provide greater clarity for the public. 2. The ESAB commends incorporation of stormwater best management practices into parking lot construction. Appropriate BMP s should be listed and encouraged in the LUMO (e.g., bioretention areas) and corresponding island widths should be prescribed to assist developers in stormwater management. 3. Under Section , the ESAB recommends authoring additional provisions that promote the use of parking structures vs. surface parking lots for commercial developments. 1. Noted. 2. The draft ordinance has been revised to address this recommendation. 3. Draft unchanged. Upon review, staff believes this recommendation is best addressed as part of any future updates to the entirety of Section 5.9 (Parking and Loading) as opposed to the specific landscaping provisions in subsection Staff has recorded this comment for future consideration of Section 5.9 in another phase of this project. On August 25 th, the Stormwater Utility Advisory Board provided the following comments: 1. Note: Overall The subcommittee members appreciate the specific inclusion of stormwater treatment practices. The revised language balances stormwater and urban forestry goals. 1. Noted.

9 2. Minimum Soil Volume: The revised text sets standards for landscape area widths and surface area, specifically in section B.2.c. Interior Islands, items ii and iii, and in section B.3.d. Median Islands, item ii. These standards provide a minimum surface area for trees of 150 square feet, which is approximately what is needed by a 6-inch DBH tree. Neither the LUMO or the Design Manual, referenced in the LUMO, addresses usable soil volume. Also, the Design Manual does not address soil preparation beyond the top 6 inches. This will result in trees planted in soils compacted during construction that restrict the usable soil volume. 2. The draft ordinance has been revised to address this recommendation. We recommend that the LUMO be revised to call for a minimum usable soil volume as specified in the Design Manual and that scalable soil volume calculations and soil preparation be addressed in the Design Manual. 3. Interior Islands Canopy Trees v. Stormwater: We recommend that items B.2.c.ii and B.2.c.iii add the following language to the end of their statements...unless the island is designed as a bioretention basin. 4. Perimeter Screening Stormwater Use: We recommend that a new item B.2.b.iv be added - Landscaped perimeter screening areas may be installed below the level of the parking lot surface to allow for runoff capture if included as part of an approved stormwater management plan. 3. The draft ordinance has been revised to address this recommendation. 4. The draft ordinance has been revised to address this recommendation.

10 5. Multifunctional Landscaping Introduction: For consistency, we recommend that perimeter screening, interior islands, and median islands replace landscape, screening, sidewalk and streetscape areas used in the first sentence of sub-section A.3. Multifunctional Landscaping. 5. The draft ordinance has been revised to address this recommendation. (4) Themes from Public Comments and (5) Collection of Public Comments and Feedback Received Themes from Public Comments Accessory Apartments Staff Response a) What zones will this affect? b) How many new apartments may be created? c) Will an existing duplex or rental home be able to add an apartment? a) The draft ordinance does not propose a change to the zones where single-family dwellings with accessory apartments are permitted. b) There are multiple variables at play in terms of predicting how many apartments would be built in response to the proposed changes. At this time, the staff has not developed such an estimate. It is important to note that other dimensional requirements (e.g., setbacks, impervious surface area ratio) would still apply and may limit accessory apartments in some cases. c) Assuming it meets all other requirements, an accessory apartment could be built in conjunction with a single-family dwelling that is being rented. However, these regulations would not permit an accessory apartment with a duplex.

11 d) What is the impact of additional small buildings and parking? d) To address parking concerns, the proposed regulations include a requirement for one off-street parking space per accessory apartment unit. Feedback Collected on the Proposed Draft: Click here to access the OpenComment posts for this topic 4 Click here to access the s for this topic 5 Click here to access the feedback from Public Information Meetings for this topic 6 Bed and Breakfasts Themes from Public Comments Staff Response a) Does the Town already allow small scale bed & breakfasts? b) The draft should include language to regulate short term rentals, like Airbnb and VRBO. c) Bed & Breakfasts are good for Chapel Hill. d) Bed & Breakfasts can encourage preservation and upkeep of historic houses. a) The LUMO does not currently include a definition or mechanism to regulate traditional Bed & Breakfasts. In the past, some homeowners have been granted home occupation permits to operate small-scale short-term rentals. b) This ordinance is designed to define and regulate traditional Bed & Breakfast establishments. While we recognize that there is a market relationship between Bed & Breakfasts and short term rentals (e.g. Airbnb, VRBO, etc.), we see these as separate land use categories. If the Council is interested in regulating short term rentals in the LUMO, we can address it in a later phase of the LUMO update. c) Comment noted. d) Comment noted

12 e) Bed & Breakfasts should be owneroccupied. f) There is no reason to require that Bed & Breakfasts are owner/manager-occupied. g) The same proposed restriction limiting Bed & Breakfasts to one every 600 feet should apply to student boarding houses. h) Limiting Bed & Breakfasts to one every 600 feet unnecessarily limits options. i) The parking standards allow for too much parking, especially in the downtown when some people will fly in. j) The Bed & Breakfast use is not appropriate for the historic districts. e) While we believe that it is important for a Bed & Breakfast manager to maintain the building as a permanent residence, we believe that requiring owneroccupancy would be inconsistent with the approach that the Town takes to regulating other principal land uses in the LUMO. f) North Carolina General Statute 130A- 247(5a) requires that Bed & Breakfasts be the permanent residence of the owner or the manager of the business. g) We have added this provision to protect the character of single family neighborhoods. We believe that this is an important protection to maintain. h) Comment noted. A separate text amendment will be necessary to apply such a land use spacing provision to other land uses. i) The parking provision in the draft Bed & Breakfast ordinance is modeled on Asheville s Bed & Breakfast ordinance. We have learned that city staff in Asheville has found their parking requirements to be appropriate, and they have reported no problems with its application. j) We agree that Bed & Breakfasts in the historic districts should be compatible with surrounding historic properties. It will still be necessary for a Bed & Breakfast in the local historic districts to obtain a Certificate of Appropriateness from the Historic District Commission (HDC) if exterior changes are proposed. Accordingly, we are recommending that the Council delay allowing Bed & Breakfasts in the historic districts until

13 the HDC is able to update design guidelines for the historic districts. k) Parking in the historic districts should be limited by the scale and proportion of parking areas on neighboring properties. l) There is a risk that a Bed & Breakfast could be converted to a large rental housing operation. m) The allowance for special events to exceed standards in Section with approval of a special events permit should be eliminated. n) The happy hour provision should be opened to friends of guests, and two dinner meals for a room surcharge per week should be allowed. k) We believe that the Certificate of Appropriateness approval process provides a good tool for assuring aesthetic congruity in the historic districts. l) Where large scale Bed & Breakfasts are approved by Special Use Permit, it would be illegal to operate a new land use without formally abandoning the special use and/or applying for a new type of permit approval. m) We agree. We have retained Section A, which establishes standards for special events at Bed & Breakfasts, and eliminated Section B, which would have allowed exceeding standards with approval of a special events permit. n) North Carolina General Statute 130A- 247(6) prohibits Bed & Breakfasts from serving food or drink to the general public for pay. Additionally, 130A- 247(5a) requires that the price of meals be included in the room rate. Feedback Collected on the Proposed Draft: Click here to access the OpenComment posts for this topic 7 Click here to access the s for this topic 8 Click here to access the feedback from Public Information Meetings for this topic

14 Parking Lot Landscaping Themes from Public Comments Staff Response a) Shoppers like parking where there is a clear view across the parking area. b) Does this coordinate with the canopy tree standards? c) Don t we want to mandate various BMP s (best management practices) in [stormwater] for parking lots? d) In parking additions next to residential zoning, is there any flexibility to not have a wall if you have more depth? a) Commented noted. The revised draft now gives consideration to height of perimeter screening and areas adjacent to residential areas. b) The intent is that they are the same. If you plant at the ratio in the regulations, you will meet your canopy tree obligation. c) The draft has been revised to provide examples of stormwater BMPS s and references the Town s Design Manual. We have asked the consultant to add a graphic which shows a BMP as an example. d) The draft has been revised to allow a screening fence or wall adjacent to residential areas. Feedback Collected on the Proposed Draft: Click here to access the OpenComment posts for this topic 10 Click here to access the s for this topic (no comments received by ) Click here to access the feedback from Public Information Meetings for this topic

15 PROCESS The changes described above are proposed as a Land Use Management Ordinance text amendment. The Land Use Management Ordinance requires the Town Manager to: 1) conduct an evaluation of the proposed text amendment; 2) present a report to the Planning Commission; 3) hold a public hearing; and 4) present a report and recommendation to the Town Council. Town Formulation of Land Use Management Ordinance Text Amendment Proposal Report Presented to Planning Commission Report and Recommendation presented to Town Council, Open Public Hearing Continue Public Hearing, Close Hearing, Council Action Public Notice Notice of the proposed text amendment was also included in the Classifieds section of the Chapel Hill News on DATE and DATE. Copies of the agenda materials for the proposed text amendment are available in the Communications and Public Affairs Department. Documents are also available on the Town s website at the following link: ANALYSIS OF THE PROPOSAL Article 4.4 of the Land Use Management Ordinance 12 (Appendix A of the Town Code) establishes the intent of Zoning Amendments (including both atlas and text amendments to the Ordinance) by stating that: In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except: a. to correct a manifest error in the chapter; or b. because of changed or changing conditions in a particular area or in the jurisdiction generally; or c. to achieve the purposes of the Comprehensive Plan PR_4.4ZOAM

16 Article 4.4 further indicates: It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan. Following is a staff response to the three required considerations: A) To correct a manifest error in the appendix: Staff Comment: We believe the information in the record to date can be summarized as follows: Argument in Support: To date no arguments in support have been submitted. Argument in Opposition: To date no arguments in opposition have been submitted. B) Because of changed or changing conditions in a particular area or in the jurisdiction generally: Staff Comment: We believe the information in the record thus far can be summarized as follows: Argument in Support: To date no arguments in opposition have been submitted. Argument in Opposition: To date no arguments in opposition have been submitted. C) To achieve the purposes of the Comprehensive Plan. Staff Comment: We believe the information in the record thus far can be summarized as follows: Argument in Support: We believe that the proposed text amendment for the six topic areas can be justified to achieve the purposes of the goals and objectives from the Comprehensive Plan. The following are themes from the 2020 Comprehensive Plan, adopted June 25, 2012: Conforms No Comprehensive Plan Themes 1 A Place for Everyone 2 Community Prosperity and Engagement 3 Getting Around

17 4 Good Places, New Spaces 5 Nurturing Our Community 6 Town and Gown Collaboration Based on our preliminary review, we believe the Council could make the finding that the proposed text amendment is in compliance with the Comprehensive Plan. Relevant goals and objectives in the Comprehensive Plan include, but are not limited to: A Place for Everyone Family-friendly, accessible exterior and interior places throughout the town for a variety of active uses (Goal PFE.1) A range of housing options for current and future residents (Goal PFE.3) A welcoming and friendly community that provides all people with access to opportunities (Goal PFE.4) Community Prosperity and Engagement Balance and sustain finances by increasing revenues and decreasing expenses (Goal CPE.1) Foster success of local businesses (Goal CPE.2) Promote a safe, vibrant, and connected (physical and person) community (Goal CPE.3) Getting Around A community that has a parking system based on strategies that support the overall goals of a holistic transportation system (GA.8) Good Places, New Spaces A range of neighborhood types that addresses residential, commercial, social, and cultural needs and uses while building and evolving Chapel Hill s character for residents, visitors, and students (Goal GPNS.5) A community that welcomes and supports change and creativity (Goal GPNS.6) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) Nurturing Our Community Maintain and improve air quality and water quality, and manage stormwater to heal local waterways and conserve biological ecosystems within the town boundaries and the Extra Territorial Jurisdiction (Goal NOC.2) Argument in Opposition: To date no arguments in opposition have been submitted.

18 RECOMMENDATIONS Planning Commission Recommendation: We will provide the Council with the Commission s recommendation once it becomes available. Preliminary Staff Recommendation: Our preliminary recommendation is that the Council: (1) Open the public hearing to begin receiving public comments on the proposed Land Use Management Ordinance text amendment; (2) Receive the staff s introductory report and presentation on the proposed text amendment; and (3) Continue the public hearing to the Council Business Meeting on October 26, 2015.

19 (Adopting the Land Use Management Ordinance Text Amendment proposal) ATTACHMENT RESOLUTION OF CONSISTENCY A RESOLUTION REGARDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE AMENDMENT TO UPDATE THE REGULATIONS FOR ACCESSORY APARTMENTS, BED AND BREAKFASTS, SIGNAGE, PARKING LOT LANDSCAPING AND WATER QUALITY CONSISTENT WITH THE COMPREHENSIVE PLAN (2015-_-_/ WHEREAS, the Council of the Town of Chapel Hill has considered the Town-initiated proposal to amend the Land Use Management Ordinance for accessory apartments, bed and breakfasts, signage, parking lot landscaping and water quality on the basis that this action is consistent with the implementation guidance of the Town s Comprehensive Plan which calls for a review and update of the Land Use Management Ordinance, and finds that the amendment, if enacted, is reasonable and in the public s interest and is warranted, to achieve the purposes of the Comprehensive Plan, as explained by, but not limited to, the following goals of the Comprehensive Plan: Family-friendly, accessible exterior and interior places throughout the town for a variety of active uses (Goal PFE.1) A range of housing options for current and future residents (Goal PFE.3) A welcoming and friendly community that provides all people with access to opportunities (Goal PFE.4) Balance and sustain finances by increasing revenues and decreasing expenses (Goal CPE.1) Foster success of local businesses (Goal CPE.2) Promote a safe, vibrant, and connected (physical and person) community (Goal CPE.3) A community that has a parking system based on strategies that support the overall goals of a holistic transportation system (GA.8) A range of neighborhood types that addresses residential, commercial, social, and cultural needs and uses while building and evolving Chapel Hill s character for residents, visitors, and students (Goal GPNS.5) A community that welcomes and supports change and creativity (Goal GPNS.6) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) Maintain and improve air quality and water quality, and manage stormwater to heal local waterways and conserve biological ecosystems within the town boundaries and the Extra Territorial Jurisdiction (Goal NOC.2) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8)

20 Protect neighborhoods from the impact of development such as stormwater runoff, light and noise pollution, and traffic (Goal NOC.8) NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby finds the proposed zoning text amendment to be reasonable and consistent with the Town Comprehensive Plan. This the day of, 2015.

21 ATTACHMENT ORDINANCE Enacting the Land Use Management Text Amendment AN ORDINANCE ENACTIING A LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENT TO UPDATE THE REGULATIONS FOR ACCESSORY APARTMENTS, BED AND BREAKFASTS, SIGNAGE, PARKING LOT LANDSCAPING AND WATER QUALITY CONSISTENT WITH THE COMPREHENSIVE PLAN (2015-_-_/ WHEREAS, the Council of the Town of Chapel Hill has considered the Town-initiated proposal to amend the Land Use Management Ordinance for accessory apartments, bed and breakfasts, signage, parking lot landscaping and water quality on the basis that this action is consistent with the implementation guidance of the Town s Comprehensive Plan which calls for a review and update of the Land Use Management Ordinance and finds that the amendment is reasonable and is warranted in order to achieve the purposes of the Comprehensive Plan including but not limited to: Family-friendly, accessible exterior and interior places throughout the town for a variety of active uses (Goal PFE.1) A range of housing options for current and future residents (Goal PFE.3) A welcoming and friendly community that provides all people with access to opportunities (Goal PFE.4) Balance and sustain finances by increasing revenues and decreasing expenses (Goal CPE.1) Foster success of local businesses (Goal CPE.2) Promote a safe, vibrant, and connected (physical and person) community (Goal CPE.3) A community that has a parking system based on strategies that support the overall goals of a holistic transportation system (GA.8) A range of neighborhood types that addresses residential, commercial, social, and cultural needs and uses while building and evolving Chapel Hill s character for residents, visitors, and students (Goal GPNS.5) A community that welcomes and supports change and creativity (Goal GPNS.6) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) Maintain and improve air quality and water quality, and manage stormwater to heal local waterways and conserve biological ecosystems within the town boundaries and the Extra Territorial Jurisdiction (Goal NOC.2) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) Protect neighborhoods from the impact of development such as stormwater runoff, light and noise pollution, and traffic (Goal NOC.8)

22 Protect neighborhoods from the impact of development such as stormwater runoff, light and noise pollution, and traffic (NOC.8), and WHEREAS, the Chapel Hill 2020 Comprehensive Plan calls for a review and update to the Land Use Management Ordinance; and WHEREAS, the Town Council received a proposed schedule and process for Phase One of the Land Use Management Ordinance Update on May 11 th, 2015; and WHEREAS, the topics recommended for a Phase One text amendment include Accessory Apartments, Bed and Breakfasts, Signage, Parking Lot Landscaping and Water Quality; and WHEREAS, the staff received comments and recommendations from Town Advisory Boards and Commissions on the proposed text amendment; and WHERAS, the staff has received public comments on the proposed text amendment; and WHEREAS, the Council finds the proposed text amendment consistent with the implementation guidance and goals of the Town s Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Land Use Management Ordinance be amended as follows: SECTION I An amendment to Sections and Subsections 3.6.4, 3.7, 3.8, 5.3, 5.9.5, 5.9.7, 5.9.9, 6.21, 8.14 and Appendix A Definitions of the Land Use Management Ordinance is enacted to read as indicated in the proposed regulations (see Ordinance Attachment). SECTION II This ordinance is effective upon enactment. This the day of, 2015.

23 DRAFT Chapel Hill LUMO Topic Revisions [NOTE: In order to allow additional opportunities for Accessory Apartments throughout the Town, a series of sections of the code must be amended, including the calculation of minimum lot size in the footnotes to Table and the parking standards (to require one off-street space for a new accessory apartment). The definition of a single-family dwelling with accesory apartment is also included since it affects the size of the accessory unit. Rules for Interpretation of Table 3.8-1:... Column (B): The minimum lot size figures are expressed in square feet. Where a zoning lot is located in more than one zoning district, the minimum gross land area required of such zoning lot shall be the sum of the areas derived by multiplying the minimum gross land area required for each represented district by the proportion of the zoning lot located within that district. For all dwellings, except single-family dwellings and single-family dwellings with accessory apartment, the minimum lot size is two (2) times the figures shown in Column (B). Column (C): Applies to all residential uses except single-family dwellings and single-family dwellings with accessory apartment. The maximum density requirements (Column (C)) are expressed in dwelling units per gross acre.... Column (L): Maximum floor area allowed shall be the number of square feet derived by multiplying gross land area by the applicable floor area ratio (FAR), as shown in Table A maximum floor area ratio shall not apply to public cultural facilities or single-family dwelling units (with or without an accessory apartment). Where a lot is partially within the resource conservation district, the maximum allowable floor area of the portion of the lot outside of the resource conservation district shall be calculated as the sum of: (a) the product of (1) the floor area ratio of the portion of the zoning lot outside the resource conservation district, and (2) the area, in square feet, of the portion of the zoning lot outside the resource conservation district; and (b) the product of (1) the floor area ratio applicable to a permitted use in the resource conservation district, and (2) the area, in square feet, of the portion of the zoning lot within the resource conservation district. [NOTE: existing standard, highlight added] Parking Design Standards All parking areas shall meet the following minimum design requirement:... (c) Except for single-family dwellings, single-family dwellings with accessory apartments or two-family dwellings, all parking spaces and maneuvering space shall be surfaced with an all-weather material or gravel, which shall be maintained in a safe and sanitary condition.... (g) Except for single-family dwellings, single-family dwellings with accessory apartments or two-family dwellings, parking spaces shall be provided with adequate aisles or turnaround areas so that all vehicles may enter adjacent streets in a forward manner.... Except for single-family dwellings, single-family dwellings with accessory apartments one- or two-family dwellings, all parking facilities, unless located entirely underground, shall meet the following minimum landscaping requirements: Land Development Code Chapel Hill, North Carolina Proposed text (June) Revised text (August) 1 August 27, 2015 DRAFT

24 DRAFT Minimum and Maximum Off-Street Parking Space Requirements Use Dwelling, singlefamily and single-family with accessory unit Dwelling, single-family with accessory apartment Vehicular Parking Town Center Zoning Districts Non-Town Center Zoning Districts* Minimum Number of Parking Spaces Maximum Number of Parking Spaces Minimum Number of Parking Spaces Maximum Number of Parking Spaces Bicycle Parking Minimum Bicycle Parking Requirements*** N/A N/A N/A N/A N/A 1 per Accessory Apartment constructed after [effective date] N/A 1 per Accessory Apartment constructed after [effective date] N/A N/A Appendix A - Definitions... Dwelling units, single-family with accessory apartment. A dwelling or combination of dwellings on a single zoning lot consisting of two dwelling units, provided the floor area of one of the dwelling units does not exceed 50% of the floor area of the other dwelling unit, nor is greater than 750 square feet and further provided the dwelling s exterior design and entry locations give the dwelling the appearance of a single-family dwelling. Any dwelling unit that is part of a two-family dwelling shall be classified as a rooming house if occupied by more than 4 persons who are not related by blood, adoption, marriage, or domestic partnership. [NOTE: existing definition, highlight added] 2 DRAFT August 27, 2015 Proposed text (June) Revised text (August) Land Development Code Chapel Hill, North Carolina

25 DRAFT Chapel Hill LUMO Topic Revisions Sec Use Regulations... Table 3.7-1: Use Matrix Uses Bed & Breakfast, up to 4 guest rooms Bed & Breakfast, 5-12 guest rooms Use Group RT R-LD5 R-LD1 R-1A R-1 R-2A R-2 R-3 R-4 R-5 R-6 Stds. B P P P P P P P P P P P Sec B S S S S S S S S S S S Sec Uses Bed & Breakfast, up to 4 guest rooms Bed & Breakfast, 5-12 guest rooms Use Group NC OI-1 OI-2 OI-3 CC TC-1, TC-2, TC-3 I MH Stds. B P P P P P P Sec B S S S S S S Sec Sec Bed & Breakfast Standards A. The use must be located in a structure originally constructed as a detached single-family dwelling or a structure purpose-built for bed & breakfast lodging. B. The structure must be the permanent residence of the owner or manager of the structure. C. The structure must have interior stairs that serve all habitable living spaces within the structure. D. No other such lodging may be located facing the same street within 600 feet of the proposed use. E. No guest room or suite may contain less than 100 square feet of floor area. F. The number of guests may not exceed 23 persons per night. G. Breakfast and an evening happy hour are allowed, provided they are served to guests only. The price of any meal must be included with the room. No other meals are allowed, except in conjunction with permitted special events. Separate or additional kitchens for guests are not allowed. H. The bed & breakfast must provide a minimum of 0.5 on-site vehicular parking spaces per available guest room plus 1 space for the resident manager/owner and 1 for each employee. The bed & breakfast may provide a maximum of 0.75 on-site vehicular parking spaces per available guest room plus 2 spaces for the resident manager/owner and 1 for each employee. I. No exterior advertising is allowed except one nonilluminated sign not to exceed 2 square feet in display area Special Events Special events (such as weddings, receptions and other similar functions) may be held in conjunction with a bed & breakfast subject to the following conditions: A. Special events may be held no more frequently than one day each calendar month. B. Special events may occur between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends. C. Special events may not have total attendance greater than 25 persons, plus service personnel. D. Special events may not include amplified sound. Special events (such as weddings, receptions and other similar functions) that do not meet the standards in Land Development Code Chapel Hill, North Carolina Proposed text (June) Revised text (August) 1 August 27, 2015 DRAFT

26 DRAFT paragraph 1 above may be allowed by special events permit Site Plan Review No more than 4 guest rooms are permitted with Site Plan Approval by the Planning Commission. Up to 12 guest rooms may be allowed with approval of a Special Use Permit by the Planning Commission Zoning Compliance Permit Required A. A renewable Town zoning compliance permit is required prior to establishment of a bed & breakfast, whether permitted by right or by site plan review. The zoning compliance permit must be renewed every 2 years. B. To stay in good standing with the Town, the property owner shall pay all occupancy tax obligations in a timely manner. C. At the time of zoning compliance permit renewal, the Town Manager must review records of the Town s Business Management Department, Police Department, and the Town s Inspections Division to determine whether there have been substantial management issues associated with the bed & breakfast over the two-year period. Where such issues exist, a special use permit will be required prior to issuance of a bed & breakfast license renewal. Appendix A. Definitions... Bed & Breakfast. A group of not more than 12 guest rooms in a private home intended for offering accommodations for a period of less than one week. 2 DRAFT August 27, 2015 Proposed text (June) Revised text (August) Land Development Code Chapel Hill, North Carolina

27 DRAFT Chapel Hill LUMO Topic Revisions Sec Parking and Loading Parking Landscaping A. General Provisions 1. Purpose Statement It is the intent of this Section to protect and promote the public health, safety, and general welfare by requiring the landscaping of parking areas which will serve to: a. Reduce radiant heat from surfaces; b. Reduce wind and air turbulence; c. Reduce noise; d. Reduce the glare of automobile lights; e. Mitigate stormwater impacts; and f. Protect and preserve the appearance, character and value of adjacent properties. 2. Applicability a. New Construction i. All new surface parking lots with more than 10 spaces shall provide parking lot landscaping in accordance with this subsection. ii. Multiple platted lots contained on a single site plan, and any separate parking areas connected with drive aisles, are considered a single parking area. b. Additions i. An existing parking lot may be renovated or repaired without providing additional landscaping, provided there is no increase in the area of the parking lot. for both the existing parking lot and the new parking area. c. Demolition When an existing parking lot is demolished and replaced by a new parking lot of the same size or larger, landscaping is required for the new parking lot. Except for one- or two-family dwellings, all parking facilities, unless located entirely underground, shall meet the following minimum landscaping requirements. 3. Multifunctional Landscaping a. Nothing in this Section is intended to prevent the applicant from using landscaped areas for stormwater mitigation purposes, including landscape, perimeter screening, interior islands and median islands. b. Where low impact stormwater management features are incorporated, grading and edge treatments for landscaping and screening areas must allow stormwater inflow. In such cases, no berming or curbs are necessary. c. Multifunctional landscape areas must be sized appropriately to meet their intended function. d. The Town Manager may modify the landscaping standards of this subsection or the Design Manual to allow stormwater mitigation in parking lot landscape areas. ii. When an existing parking lot is increased in area, landscaping is required for the new parking area only. iii. When an existing parking lot is increased in area by more than 50% cumulatively, landscaping is required Land Development Code Chapel Hill, North Carolina Proposed text (June) Revised text (August) 1 August 27, 2015 DRAFT

28 DRAFT B. Design Standards 1. Entrance Drives Entrance drives into parking facilities shall be bordered by a landscaped buffer strip a minimum of 8 feet in width, which shall be landscaped in accordance with Town landscaping standards. 2. Surface Parking Lots a. Foundation Buffer Strip Planting Parking facilities, unless located on or within a structure, shall Ground-level parking facilities and the ground level of parking structures must be separated from the exterior wall of a structure (exclusive of paved pedestrian and bicycle entrance ways or loading areas) by a landscaped buffer strip at least 5 feet in width, which shall be landscaped in accordance with Town landscaping standards. b. Perimeter Screening All surface parking lots (of any size) with frontage on any portion of a public street (not including an alley) shall be screened with the following: i. A minimum 5-foot wide, landscaped area with a continuous row of shrubs between the street and parking lot. Shrubs must be a minimum of 18 inches in height when planted and must reach a minimum size of 36 inches in height within 3 years of planting, OR ii. A 36-inch wall may be substituted for the 5-foot wide landscaped area with a continuous row of shrubs. iii. Breaks for pedestrian and vehicle access are permitted. iv. Perimeter screening may be installed below the level of the parking lot surface to allow for runoff capture PLACEHOLDER GRAPHIC Landscaped Median Island Perimeter Screening 6 Rows (max) 10 Spaces (max) Perimeter Screening Interior Island Interior Island PLACEHOLDER GRAPHIC 2 DRAFT August 27, 2015 Proposed text (June) Revised text (August) Land Development Code Chapel Hill, North Carolina

29 DRAFT if included as part of an approved stormwater management plan. c. Interior Islands i. A landscaped interior island must be provided every 10 parking spaces in excess of 20 spaces. Interior islands must be distributed evenly throughout the parking area. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees. ii. An interior island abutting a single row of parking spaces must be a minimum of 8 feet in width and 150 square feet in area. Each island must include 1 canopy tree unless the island is designed as a bioretention basin. iii. An interior island abutting a double row of parking spaces must be a minimum of 8 feet in width and 300 square feet in area. Each island must include 2 canopy trees unless the island is designed as a bioretention basin. iv. Interior islands may be installed below the level of the parking lot surface to allow for runoff capture if included as part of an approved stormwater management plan. v. If designed as a bioretention basin, median islands must be 10 feet in width and must be planted with recommended vegetation for bioretention areas. Vegetation shall be provided within and adjacent to ground-level parking areas which will, in the opinion of the Town Manager, be sufficient to achieve shading of at least 35% of the parking area surface on noon on August 21 when the vegetation matures. d. Median Islands i. A landscaped median island must be provided between every 6 single parking rows. Intervals may be expanded in order to preserve existing trees. ii. A landscaped median island shall be a minimum width of 8 feet, as measured from back of curb to back of curb. iii. Landscaped median islands may be installed below the level of the parking lot surface to allow for runoff capture if included as part of an approved stormwater management plan. iv. Any trees planted in landscaped median islands must be canopy trees unless the median is designed as a bioretention basin. v. If designed as a bioretention basin, median islands must be 10 feet in width and must be planted with recommended vegetation for bioretention areas. e. Pedestrian Access i. Well-marked, ADA-compliant pedestrian access must be provided. ii. Access perpendicular to the main entrance from the parking area should be provided, whenever possible, iii. Where a sidewalk is added to a median, additional median width equal to the sidewalk width must be provided. f. Trees No parking space shall be farther than 75 feet from the trunk of a tree. Land Development Code Chapel Hill, North Carolina Proposed text (June) Revised text (August) 3 August 27, 2015 DRAFT