Title
Request to Set Legislative Public Hearings for Conditional Rezoning at 1307 West Main Street and Associated Text Amendments
PURPOSE: The Town has received a petition to rezone property at 1307 West Main Street from B-3 to R-2-CZ at 1307 West Main Street for the development of a five-story multi-family residential project. The application includes a request for a text amendment to increase the maximum building height from 50 feet to 65 feet. The Town Council must receive public comment before considering these requests. Resolutions setting the public hearings for the rezoning and text amendments, and directing staff to prepare an ordinance for the text amendment have been provided.
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Department
DEPARTMENT: Planning
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Contact
CONTACT INFORMATION: Christina Moon, Planning Administrator, 918-918-7325, cmoon@carrboronc.gov <mailto:cmoon@carrboronc.gov>; Patricia McGuire, Planning Director, 918-918-7327, pmcguire@carrboronc.gov <mailto:pmcguire@carrboronc.gov>; Nick Herman, Town Attorney, 919-929-3905.
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Council Direction
COUNCIL DIRECTION:
___ Race/Equity ____ Climate ____ Comprehensive Plan __X__Other
Council Direction Statement
Setting a public hearing for map and text amendments are required steps in accordance with North Carolina state statutes and Town regulations. Pocket questions relating to the process for legislative public hearings are provided as Attachment I.
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Information
INFORMATION: The Town has received a petition from Tempo Investco, LLC, to rezone the 1.16-acre property at 1307 West Main Street from B-3 (Neighborhood Business, 7,500 square feet per dwelling unit) to R-2-CZ (Residential, 2,000 square feet per dwelling unit) for the purpose of constructing a multifamily residential development. The proposal is for 34 residential units consisting of a combination of 1-bedroom, 2 bedroom and 3-bedroom units. The site is currently undeveloped. A vicinity map of the property is provided for information (Attachment D).
Materials submitted by the applicant include the petition for change of zoning with answers to the four-part question seven addressing consistency with the comprehensive plan, a short project narrative, site plans and building elevations (Attachment E). Materials relating to the neighborhood information meeting (NIM) held on March 1, 2023, are provided as (Attachment F). On September 13, 2023, the Board of Adjustment approved a variance to allow encroachment into and placement of fill within the Special Flood Hazard Area (SFHA) along the eastern portion of the property. (Agenda materials may be found here: <https://www.carrboronc.gov/AgendaCenter/ViewFile/Agenda/_09132023-4322>.)
The applicants have also submitted an associated text amendment request to allow an increase in the maximum building height in the district from 50 feet to 65 feet to accommodate the proposed 5-story building (Attachment G). A resolution has been provided to direct staff to prepare an ordinance for the requested amendment (Attachment B).
A draft rezoning ordinance has also been provided with a draft list of conditions (Attachment C). It is anticipated that the conditions will be modified during the joint review and public hearing process. The final list of conditions must be mutually agreed upon by the Town and the applicants. Should the Council approve the rezoning, the applicants would follow with an application for a Special Use Permit-A.
The Town Council must receive public comment before taking action on map and text amendments. Orange County review of the text amendment is also required. Excerpts from the Land Use Ordinance include Article IX, Zoning Districts, and Article XX, Amendments; Section 15-322 of Article XX describes the role of the Planning Board and other advisory boards in reviewing amendments (Attachment H). Responses to the pocket questions relating to the amendment process have been provided (Attachment I). A discussion of the specifics of the project will be provided as part of the public hearing materials.
Resolutions are provided for the Council to set the public hearings for February 27, 2024. The process would be to hold the two public hearings sequentially on the same night. The council would open the hearing for the text amendment 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 agenda preparation for advisory board review and public hearings.
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Recommendation
RECOMMENDATION: Staff recommends that the Town Council consider:
o Attachment A-1 - setting a public hearing for the text amendment and referring the text amendment to Orange County, the Planning Board and other advisory boards as appropriate, and
o Attachment A-2 - setting a public hearing for the map amendment and referring the petition for change of zoning to the Planning Board and other advisory boards as appropriate, and
o Attachment B - directing staff to prepare a text amendment to allow an increase in the maximum building height in the R-2-CZ district from 50 feet to 65 feet.
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