Title
Legislative Public Hearing on Land Use Ordinance Text Amendment Regarding Residential Density in Planned Unit Developments
PURPOSE: The purpose of this agenda item is to consider a text amendment to the Land Use Ordinance regarding residential density in Planned Unit Developments (PUDs). A draft ordinance has been prepared. The Town Council must receive public comment before making a decision.
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Department
DEPARTMENT: Planning
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Contact
CONTACT INFORMATION: Christina Moon - 919-918-7325, cmoon@townofcarrboro.org <mailto:cmoon@townofcarrboro.org>; Marty Roupe - 919-918-7333, mroupe@townofcarrboro.org <mailto:mroupe@townofcarrboro.org>; Patricia McGuire - 919-918-7327, pmcguire@townofcarrboro.org <mailto:pmcguire@townofcarrboro.org>; Nick Herman - 919-929-3905, herman@broughlawfirm.com <mailto:herman@broughlawfirm.com>
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Council Direction
COUNCIL DIRECTION:
___ Race/Equity ____ Climate __X__ Comprehensive Plan __X__Other
Council Direction Statement
Legislative public hearings are a necessary step for text amendments in accordance with North Carolina state statutes and Town regulations. The Council is required to adopt a statement of consistency as part of its decision. Pocket questions are provided as Attachment F.
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Information
INFORMATION: Section 15-139, of the Land Use Ordinance, outlines the provisions related to Planned Unit Developments (PUD) (Attachment D). PUDs are zoning districts designed to combine the characteristics of at least two, or possibly three different zoning districts including residential, commercial and manufacturing/industrial. There are currently two R-10/B-3 Planned Unit Development (PUD) Districts in Carrboro: one at the Ballentine neighborhood off Old NC 86 and the other at Claremont South off of Homestead Road. In reviewing a request for additional dwelling units for the Claremont South B-3 area, staff determined that density was not available in the B-3 portion, but that significant density was available from the R-10 area. A minor modification approved in June 2021 allowed four more residential units than permissible in the B-3 district based on the land area. A mechanism to allow the transfer of residential density from one portion of a PUD to another portion of a PUD when both underlying base districts allow residential uses would address this matter and would also allow greater flexibility as PUDs are approved and built out in the future.
A draft ordinance has been prepared that, if adopted, would allow for such residential density transfers (Attachment B). The land use permit associated with a PUD would need to be modified if a change is requested after the original permit for the project is issued. Depending on the degree of change requested, the application would likely be processed as either a minor modification or major modification to the permit. The additional residences being built would increase the overall density of any particular project, generally consistent with the town’s desire to develop in an urban manner. A potential negative result would be a reduction in the area available for commercial uses within the commercial portion of the PUD.
The Town Council must receive public comment before adopting an amendment to the Land Use Ordinance. The draft ordinance was referred to Orange County and presented to the Planning Board on October 5, 2023. Comments are provided (Attachment E).
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Fiscal and Staff Impact
FISCAL IMPACT: Public notice costs and staff time are associated with the review of text amendments for public hearings and advisory board review.
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Recommendation
RECOMMENDATION: The Town Manager recommends that the Town Council receive public input and consider whether the proposed text amendment is consistent with Town plans and policies. A resolution for consistency (Attachment A) and a draft ordinance for the text amendment (Attachment B) are provided.
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