TITLE: Title
Follow up from the October 13, 2015 Public Hearing on Draft Land Use Ordinance Text Amendments relating to a Site Specific, Flexible Zoning District
PURPOSE: The purpose of this item is to provide the Board with an update on the follow-up items identified at the close of the October 13, 2015 public hearing regarding LUO text amendments that would authorize the Board to establish site specific, flexible zoning districts.
body
DEPARTMENT: Planning Department
CONTACT INFORMATION: Christina Moon - 919-918-7325; Bob Hornik - 919-929-3905; Nick Herman - 919-929-3905; Patricia McGuire - 919-918-7327
INFORMATION: On October 13, 2015, the Board of Aldermen held a public hearing on proposed text amendments which, if adopted, would authorize the Board to consider petitions to rezone property to a new zoning district category-a site specific flexible zoning district (FLX). The concept behind the FLX district represents the culmination of several years of public input and cooperative planning to guide appropriate development in Carrboro’s northern study area. A chronology of these efforts is provided (Attachment G).
At the close of the public hearing, the Board provide staff with the following directions:
1. Develop a grid or flow-chart of public participation as compared to the current CUP process.
2. Consider a layperson’s version for ease of understanding and community education.
3. Develop a tool that more clearly links the rezoning request to the results of the site specific planning process.
4. Consider a meeting between Omar Zinn and the advisory boards.
5. Educate advisory boards on what the Board of Aldermen is looking to achieve in the corridors.
6. More clearly depict what specificity is required from the developer, and when.
7. Redraft the ordinance with comments considered from the NTAAC.
8. Report back to the Board as soon as possible.
In response to items 1, 2 and to a lesser, extent 6, staff has prepared new graphics to illustrate “at a glance” the proposed process for considering a FLX district, with a focus on opportunities for public input. Refinements to the draft ordinance add clarity to the site specific planning study, what it is and when it should be referenced while a petition for a FLX district is under review to address item 3. With regard to items 4 and 7, staff met with the NTAAC for a special meeting on January 11, 2016, to further discuss the proposed FLX district based on the draft ordinance that was presented at the October public hearing; Omar Zinn attended and participated in the discussion. New presentation materials were shared with NTAAC members at the meeting to facilitate the discussion: the bubble flow-chart showing the process for the Board of Aldermen to consider a petition to rezone to a FLX district and a table comparing the opportunities for public input among the different rezoning mechanisms, the proposed FLX district and a conditional use permit (Attachment H). In addition, staff reviewed the key differences between legislative and quasi-judicial decisions.
The discussion with the NTAAC was instructive for staff in that it touched on the similarities and differences between the Village Mixed Use district (VMU) and the proposed FLX district. It also revealed questions the advisory board members had about the rezoning process for any type of district, particularly with regard to existing opportunities for public involvement at the joint review meeting and public hearing. Advisory board comments from the October public hearing on the proposed FLX district are included in their entirety (Attachment E). Staff has extracted the NTAAC’s comments from their full recommendation packet so as to provide responses (Attachment F); the numbers in boxes along the left margin of the NTAAC’s comments correlate to the numbered responses for ease of use. A refined draft ordinance (dated 2-11-2016) has been prepared in response to NTAAC comments (Attachment B). The changes are mainly clarification, with regard to the site specific planning study, what it is and how it is intended to be used, and with regard to proposed transportation and stormwater improvements.
As currently drafted the proposed FLX district is different from the VMU: the FLX district follows a conditional district process while the VMU is a conditional use district. In terms of the level of specificity in the application materials, however, both mechanisms require very detailed submittals. As described in Section 15-141.2, the Village Mixed Use District is very prescriptive; it has very specific requirements and some of these requirements, such as the minimum acreage, would need to be modified (text amendments) for the study site on Eubanks Road to be eligible. A petition for a FLX district would also have to include a great deal of detail in the narrative and site plan. The key difference is that the applicant would work with staff to incorporate the concepts derived from a Town sponsored site specific planning study into the proposed district. The ordinance creating the FLX district framework has intentionally been left general so that the mechanism could be used for more than one tract; but an application to rezone to a FLX district would have to provide enough detail for staff to determine zoning permit compliance.
Comments from the required site specific planning study, such as the DAD workshops, would need to be incorporated into a FLX district. The draft ordinance speaks to this point in Section 15-141.5(f)(1), but additional language could be added under 15-141.5(f)(2) or under (f)(3) as a check-in to make sure that the development of the district description incorporates the elements from the planning study. The draft checklist also requires a FLX applicant to summaries the findings from the planning study and demonstrate how the proposal reflects the study.
The creation of the Site Specific, Flexible Zoning District concept as presented in the draft ordinance has been an iterative process (as shown in the chronology). Key dates include the presentation of the findings from the Durham Area Designers (DAD) design workshops in February of 2012, a staff analysis of the five concept plans from the workshops in September of 2012, Board direction to explore a “B-4 short” zoning district, which developed into a general mixed-use district called Mixed-Use Rural Transition (MURT) throughout 2014. In June of 2015, staff presented the new approach for implementing the NSAPIRC recommendations: a Site Specific, Flexible Zoning District (FLX).
The proposed FLX district ordinance does not limit the district to any specific geographic area so long as the property meets four key criteria relating to size (a minimum of 25 acres), ownership, proximity to a major arterial so that principal entrance will be from that arterial, and has been the subject of a site specific planning study by the Town to determine the most appropriate potential development options for such tract. The fourth criteria ensures the incorporation of public input from the beginning of the design process, as well as throughout the process since, as currently drafted, the applicant would have to refer to the site specific planning study as part of the application materials for the petition for rezoning and demonstrate how the proposal would be in keeping with the concepts identified in the study. A petition for change of zoning to a FLX district would include three parts: 1) a narrative describing consistency with the site specific planning study as well as existing plans and policies; 2) a site plan showing key elements in the proposal, such as the placement of exterior entrances and internal circulation systems, initial stormwater analysis and related features, as well as the location of the proposed land uses and their approximate size; and 3) a set of draft conditions which would be subject to refinement over the course of the review process but would ultimately have to be mutually agreeable to the applicant and the Town. Following the rezoning, the use of the property would be “by right” subject to a zoning permit, approved at the staff level based on standard requirements for zoning permits and any specific requirements described in the district narrative, conditions or site plan.
Each request for a FLX zoning district would be specific to the parcel(s) involved. As a legislative decision, the Board of Aldermen would consider the particulars of the petition and the site plan as a policy matter. The Board’s decision would be guided by Section 15-324(a-e) which speaks to consistency with adopted plans and policies, and particularly Section15-325, Ultimate Issue Before Board on Amendments, which outlines the central issue for the Board as whether the rezoning advances the public health, safety or welfare.
FISCAL & STAFF IMPACT: There are no costs associated with the discussion of this item.
RECOMMENDATION:r Staff recommends that the Board of Aldermen consider the resolution in Attachment A and provide direction for next steps.