AG 1997 02 17 - Laserfiche WebLink

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231 WHEREAS, the Board has determined that multi-family residential land uses are considered to be incompatible with the general purpose and intent of the General Commercial zoning district; and WHEREAS, the Board has determined that multi-family residential project densities in excess of six (6) dwelling units per acre, unless included in a mixed use development, are considered to be incompatible with the general purpose and intent of the Office/Limited Commercial zoning district; and WHEREAS, the Board proposes to discontinue further consideration of multi-family residential and family/group care facilities as uses within the General Commercial zone in order to adhere to the purpose and intent of the underlying zoning district and to enhance the quality and compatibility of development which promotes reinvestment and economic development opportunities of commercial land; and NOW, THEREFORE, BE IT ORDAINED that the Cabarrus County Zoning Ordinance is hereby amended as follows: Zoning Ordinance Text Amendment Purpose: To discontinue multi-family residential, family care and group home facilities from the list of allowed uses in the General Commercial (GC) and establish a performance standard which limits the density of multi-family residential land uses in the Office/Limited Commercial zoning district to a maximum of six (6) units per acre. Each of these actions are consistent with the general purpose and intent of the underlying zoning district(s), which is to preserve these areas for future commercial development. Back~round: Currently multi-family residences, family care and group care facilities are land uses designated as either "permitted" or "permitted based on standards", in the General Commercial zone. As part of the on going administration of the Zoning Ordinance, insuring the proper delineation of compatible and appropriate separation of incompatible land uses, it has been determined that multifamily residential, family care and group care facilities should be restricted from the General Commercial Zoning District Since commercial land uses are finite In relationship to existing land development patterns along major transportation corridors, staff is concerned that the policy of limiting future multi-family residential, family care and group care facilities in General Commercial (GC) zones may have a peripheral effect of over developing the remaining Office/Limited Commercial (OF/LC) parcels (with similar types of land uses) since 'these areas can currently be developed (in theory) with densities up to eighteen (18) units per acre. These types of land uses are currently either permitted, or permitted based on standards, in the (OF/LC) zoning district. To control the extent of this potential action, staff recommends that a density limitation be established in the (OF/LC) zone which would limit multi-family residential, duplex and townhouse development to six (6) dwelling units per acre. The density limitation provides future opportunities for mixed-use projects with an appropriate density to coexist in appropriate areas which support limited commercial zoning. Since well planned, mixed use projects are deemed to be desirable and an efficient use of land, a density bonus of two units per acre has been identified as an incentive to encourage their development. Mixed use projects, which are generally defined as a successful physical and functional integration of commercial and residential land uses in a multi level complex. These types of projects are eligible to receive the density bonus provided that the performance based standards for this type of development are satisfied. Existin~ Uses: Existing multi-family residential, family care and group care facilities should be allowed to remain id the General Commercial Zoning District with the understanding that these types of land uses would be considered (once this amendment is adopted) to