File #: 23-110    Name:
Type: Agendas Status: Agenda Ready
File created: 3/27/2023 In control: Town Council
On agenda: 4/18/2023 Final action:
Title: Request to Set Legislative Public Hearings for Voluntary Annexation and Conditional Rezoning at 820 and 904 Homestead Road, and 310 Lucas Lane PURPOSE: The Town has received petitions to voluntarily annex and rezone three contiguous parcels of land located along the north side of Homestead Road at 820 and 904 Homestead Road and 310 Lucas Lane. The requested rezoning to R-3-Conditional (R-3-CZ) would allow for the subsequent submittal of an application to develop an Architecturally Integrated Subdivision (AIS). The Town Council must receive public comment before considering these petitions. Resolutions setting public hearings are provided for the Council's use.
Attachments: 1. A-1 - Resolution for Annexation.pdf, 2. A-2 - Resolution for Rezoning_4-18-2023.pdf, 3. B - Vicinity Map.pdf, 4. C - 904 Homestead Rezoning Petition revised 4.14.23.pdf, 5. D - Draft Rezoning Exhibit.pdf, 6. E - NIM Meeting Materials.pdf, 7. F - Draft Zoning Map Amendment_4-14-2023 (3).pdf, 8. G - 904 Homestead Annexation Petition.pdf, 9. H - Excerpts from ART-IX & ART XX.pdf, 10. I - Racial Equity Pocket Questions - Legislative Hearings.pdf

Title

Request to Set Legislative Public Hearings for Voluntary Annexation and Conditional Rezoning at 820 and 904 Homestead Road, and 310 Lucas Lane

 

PURPOSE: The Town has received petitions to voluntarily annex and rezone three contiguous parcels of land located along the north side of Homestead Road at 820 and 904 Homestead Road and 310 Lucas Lane. The requested rezoning to R-3-Conditional (R-3-CZ) would allow for the subsequent submittal of an application to develop an Architecturally Integrated Subdivision (AIS).  The Town Council must receive public comment before considering these petitions.  Resolutions setting public hearings are provided for the Council’s use.

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Department

DEPARTMENT: Planning

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Contact

CONTACT INFORMATION: Christina Moon, Planning Administrator, 919-918-7325, cmoon@carrboronc.gov <mailto:cmoon@carrboronc.gov>; Patricia McGuire, Planning Director, 919-918-7327, pmcguire@carrboronc.gov <mailto:pmcguire@carrboronc.gov>; Nick Herman, Town Attorney, 919-929-3905, gnherman@broughlawfirm.com <mailto:gnherman@broughlawfirm.com>

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Council Direction

COUNCIL DIRECTION:

___ Race/Equity   ____ Climate   __X__ Comprehensive Plan __X__Other

Council Direction Statement

Setting a public hearing for a voluntary annexation and for a map amendment is a required step in accordance with North Carolina state statutes and Town regulations.

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Information

INFORMATION: Adam and Omar Zinn owners of Parker Louis, LLC, have submitted petitions to voluntarily annex and rezone three contiguous parcels containing a combined total of approximately 9.70-acres (422,532 square feet) of land located along the north side of Homestead Road. 

 

The petition for rezoning seeks to amend the zoning map for the three parcels from R-20 (Residential, 20,000 square feet per dwelling unit) to R-3-CZ (Residential, 3,000 square feet per dwelling unit, Conditional) for the purpose of developing an Architecturally Integrated Subdivision (AIS) with a combination of approximately 27 single-family homes and 15 multi-family homes.  It is anticipated that the multifamily units would be triplexes or a combination of duplexes and triplexes.  Should the Council approve the rezoning, the Zinns would follow with an application for a Special Use Permit-A.  The parcels are identified more specifically in the table below and the attached vicinity map (Attachment B).  .

 

No.

PIN

Existing Zoning

Proposed Zoning

Acres

820 Homestead Road

9779-28-4165

R-20

R-3-CZ

4.32

904 Homestead Road

9779-27-6844

R-20

R-3-CZ

2.78

310 Lucas Lane Parcel 1

9779-28-8116

R-20

R-3-CZ

2.61

Total

 

 

 

9.71

 

Materials submitted by the applicants (Attachments C & D) include the formal petition for annexation, petition for change of zoning with answers to the four-part question seven addressing consistency with adopted plans, a short project narrative, sample building elevations and possible boardwalk facility, and the draft conceptual site plan (rezoning exhibit).  A draft rezoning ordinance with draft conditions is also provided. It is anticipated that the conditions may be further refined during advisory board review and the public hearing process (Attachment F).  The final list of conditions must be mutually agreed upon by the Town and the applicants. 

 

The applicants presented a concept plan to the advisory boards for a courtesy review on April 7, 2022, and held a neighborhood information meeting (NIM) on August 3, 2022.  The neighborhood information meeting form and meeting summary are provided (Attachment E).  It should be noted that the proposal presented at both of these meetings involved a design with 70 multifamily units (consisting of triplexes). The applicants have since modified their proposal to the current design which includes a combination of single family and multifamily homes with a maximum density of 44 units, and the possibility of four future accessory dwelling units (ADU).

 

The Town Council must receive public comment before taking action on a petition for voluntary annexation (Attachment G) and before adopting map amendments to the Land Use Ordinance.  Planning Board review of the map amendment is also needed.  Section 15-141.4 of the Land Use Ordinance, Conditional Zoning Districts, describes the procedure for the Town Council to consider a conditional rezoning and Section 15-322 describes the role of the Planning Board and other advisory boards in the review of rezonings (Attachment H).  Responses to the pocket questions relating to the rezoning process have been provided (Attachment I).  A discussion of the specifics of the project will be provided as part of the public hearing materials.

The process for considering the petitions would be to hold both public hearings sequentially on the same night.  The Council would open the hearing for the annexation first, followed by the rezoning.

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Fiscal and Staff Impact

FISCAL IMPACT: The petitioner has submitted materials and fees, as applicable, for reviewing and processing these requests, including providing envelopes for the mailed notice for the rezoning.  Staff time will be necessary for public notice and public agenda preparation for the public hearings.

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Recommendation

RECOMMENDATION: Staff recommends that the Town Council consider the attached resolution (Attachment A-1) setting a public hearing on June 6, 2023 on the voluntary annexation petition and the attached resolution (Attachment A-2) setting a public hearing on June 6, 2023 on the map amendment and referring the petition for change of zoning to the Planning Board and other advisory boards as appropriate.  

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