TITLE: Title
Public Hearing on revised Land Use Ordinance Text Amendments that would provide for a Site Specific, Flexible Zoning District
PURPOSE: The purpose of this item is for the Board of Aldermen to provide an opportunity for public comment on amendments to the Land Use Ordinance that would authorize the Board to establish site specific, flexible zoning districts. A draft ordinance has been prepared.
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DEPARTMENT: Planning Department
CONTACT INFORMATION: Christina Moon - 919-918-7325; Nick Herman - 919-929-3905; Patricia McGuire - 919-918-7327
INFORMATION: On October 13, 2015, the Board of Aldermen held a public hearing on a draft ordinance 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 proposed FLX district represents the culmination of several years of public input and cooperative planning to respond to the goals set out in the Facilitated Small Area Plan for Carrboro’s Northern Study Area (FSAP), to consider different zoning tools such as floating zones to allow opportunities for neighborhood-scale commercial uses, and office/assembly uses with some light manufacturing and flex space subject to performance standards. At the close of the public hearing, the Board provided staff with directions to meet with the Northern Transition Area Advisory Commission to discuss the draft ordinance, to revise the ordinance for clarity and to develop better ways to explain the proposal using graphics such as flow-charts. Staff presented a status report to the Board on February 16, 2016, and brought back a revised draft ordinance for consideration on March 22, 2016 with a request to set a new public hearing.
Description of the Proposed FLX District
In order to be eligible for the FLX district, a tract or parcel of property must meet four criteria: (1) at least twenty-five acres in size, (2) under single ownership or control or under contract or option to be purchased by a single individual or entity, (3) located adjacent to a major arterial such that, when developed, the principal entrance to such development will be from that arterial, and (4) 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 prerequisite for a Town-driven site specific, planning study is the foundation of the concept and what makes the proposed FLX district different from the other zoning districts in the Land Use Ordinance (LUO). As described in the draft ordinance a “site specific planning study” shall mean a collaborative programmatic and design study for the site performed either by, or with the participation of the Town and input from one or more workshops, which shall result in a narrative report and conceptual master plan describing in general terms how the site might be developed and how the conceptual master plan corresponds to and addresses applicable components of all town plans for the area, and applicable conditions. The planning study would occur at the beginning of the process, before an applicant submits a petition for change of zoning to the Town.
FLX Review Process
Consideration of a request to rezone to a FLX district would follow a process in keeping with conditional zoning with additional opportunities for public input at the very beginning and at key intervals throughout, including all public meetings. The applicant must present a concept version of the proposal to a joint advisory board meeting before the materials are presented to the Board as part of a request to set a public hearing. The Board can request more information, additional opportunities for public input or both, throughout the process.
An applicant seeking the FLX district would also have to submit a narrative describing the purpose or theme of the proposed district and how that purpose is consistent with the outcome(s) from the site specific planning study, a site plan, and a series of conditions which would be reviewed and refined during the review process. The site plan would have to be of sufficient detail to convey the location of proposed infrastructure, circulation patterns, potential land uses, and in the case of residential uses, density limitations, stormwater features, building height and massing as well as information relating to architectural themes and the overall character of the development.
Staff would evaluate the applicant’s submittal for compliance with the elements in the FLX ordinance and consistency with the outcomes from the planning study, and draft any conditions. If the Board approved the rezoning, the description of the district, the specific conditions and the site plan would be recorded with Orange County and filed with zoning staff. 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, site plan or conditions.
Each request for a site specific, flexible zoning district would be specific to the particulars of 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.
Review of Draft Ordinance
The draft ordinance was referred to Orange County and presented to joint advisory board review on April 7, 2016. The advisory board comments are provided as Attachment D. Staff notes that every step of the process that would be associated with this type of zoning district has not been specified in the ordinance itself, though several have been. Additional steps could be delineated in relation to a request for rezoning - i.e. at the time the Board of Aldermen decides on an initial request, and an outline of the review process that the staff, public, advisory board, and Board of Aldermen would follow could be prepared and approved.
FISCAL & STAFF IMPACT: Public hearings involve staff and public notice costs associated with advisory board and Board of Aldermen review.
RECOMMENDATION:r Staff recommends that the Board of Aldermen consider the resolution finding consistency (Attachment A-1), and the draft ordinance (Attachment B).