TITLE: Title
Public Hearing on a request to Rezone the Lloyd Farm property at 700 Old Fayetteville Road to B-4-CZ
PURPOSE: The Town has received an application to rezone property at NC Hwy 54 and 700 Old Fayetteville Road to B-4-conditional rezoning (B-4-CZ) for the construction of a mixed-use development to include a grocery store, commercial outparcels and a multi-story apartment building. The Board of Aldermen must receive public input before reaching a decision on this request.
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DEPARTMENT: Planning
CONTACT INFORMATION: Christina Moon - 919-918-7325; Marty Roupe - 919-918-7333, Patricia McGuire - 919-918-7327, Nick Herman - 919-929-3905
INFORMATION: On September 16, 2014 the Board received a request to set a public hearing on a proposed conditional use rezoning/conditional use permit application for the Lloyd Farm, a mixed use development at 700 Old Fayetteville Road. The Board did not set the public hearing but instead directed staff to explore options with the Dispute Settlement Center for developing a facilitated process by which the applicant, Argus Development, LLC, the Town and representatives from the adjacent neighborhood could better address neighbor concerns about the project. A mediation process followed and included a series of meetings during the summer and early fall of 2015. At the outset, the stakeholders agreed to a shared objective that at the end of mediation process the applicants would have a revised site plan and would be ready to resume the public hearing process. There was no formal endorsement of the site plan from any of the stakeholders, but rather an understanding that the project could begin again as a request for conditional zoning.
Change to the Process. In February 2016, the applicants submitted a new application for the process using the conditional zoning mechanism rather than the conditional use zoning mechanism. The change affects the process. With conditional use zoning the applicant submits the rezoning request and conditional use permit (CUP) materials at the same time; with conditional zoning the applicant submits the rezoning request first and, if approved, the CUP application follows afterward. The use of conditional zoning offers additional opportunity for public input and allows the Board greater flexibility to participate in conversations about the project outside of formal meetings; binding conditions are decided as part of the rezoning. An application for text amendments to the Land Use Ordinance, relating to the project have also been submitted and are being considered in a separate agenda item.
Changes to the Project. Changes to the project that were made in response to the mediation process are as follows:
1) Residential use - The residential component of the current proposal includes a senior-living (restricted to 55 years of age or older) development with approximately 200 apartments, a parking deck and 20 duplex cottages, instead of 293 apartments with a parking deck.
2) Tree protection/open space - The mature hardwood tree stand at the corner of Old Fayetteville Road with NC 54 will now be preserved as open space without intrusion of buildings or parking. To accomplish this, Lloyd Farm’s development program in that immediate area was reduced by 9,455 square feet. Twenty-eight parking spaces were also eliminated.
3) Proposed dedication of land to the Town - The applicant is offering the 4.67-acre tract (lots 3 and 4) at the northeast corner of the property and near the intersection of James and Carol Streets to be dedicated to the Town of Carrboro for neighborhood park purposes instead of becoming a townhome community.
4) Vehicular access & circulation - Vehicular access and circulation differ between the two applications as a roundabout is now proposed for the Old Fayetteville Road entrance and a “left-over” entrance-only median break on NC 54 is proposed for use by eastbound traffic at the main NC 54 entrance. Both changes were requested during the mediation process. The applicant is in the process of updating the TIA to reflect these changes as well as the change to the residential units.
5) Other site design changes - The retail shops have been reoriented to shift shop frontages away from the adjoining neighborhood; the community gathering area has moved closer to the greenway; the 24-space parking lot north of the retail shops has been eliminated; and a 35-space parking lot located north of the access road has been eliminated.
Project Summary. The subject property includes four parcels known collectively as the Lloyd
Farm and located at the northeast corner of NC Hwy 54 and Old Fayetteville Road. The parcels are further identified by Orange County PIN numbers (9779-09-7922), (9778-19-6618), (9779-10-7351) and (9779-20-0449). All four parcels will be included in the forthcoming CUP proposal as part of an architecturally integrated subdivision (AIS).
The vicinity map (Attachment C) delineates, with a heavy outline, the extent of the entire forty-acre site which currently falls within different zoning classifications. The petition for change of zoning includes all four parcels. If approved all of lots 1 and 2 would be rezoned to B-4-CZ (as shown in the diagonal hatching). Lot 2 currently falls within two different zoning classifications: R-10 and B-4. No development is proposed for the smaller two lots facing James Street (lots 3 and 4); the applicant has included a condition to offer those two lots to the Town for public use as part of the rezoning. The table below offers an “at a glance” summary.
|
Lot |
PIN |
Existing Zoning |
Proposed Zoning |
Acreage |
|
1 |
9779-09-7922 |
R-10 |
B-4-CZ |
10.18 |
|
2 |
9778-19-6618 |
R-10 |
B-4-CZ |
8.61 |
|
2 |
9778-19-6618 |
B-4 |
B-4-CZ |
16.61 |
|
3 |
9779-10-7351 |
R-10 |
R-10-CZ |
3.73 |
|
4 |
9779-20-0449 |
R-20 |
R-20-CZ |
0.94 |
The Board of Aldermen must receive public comment before adopting amendments to the Land Use Ordinance. The purposed rezoning was presented at the Joint Advisory Board meeting on June 2, 2016 and the ESC on June 8th. The applicants also held three drop-in session for public information: May 16th June 13th, and June 20th.
Staff has prepared a set of conditions to be linked to the rezoning, as part of the draft ordinance (Attachment B). Conditions must be mutually agreeable by the Town and the applicant. An additional condition has been discussed at some length related to the potential construction of a side path along NC Hwy 54; the path would create bike and pedestrian access alongside NC Hwy 54 to Anderson Park. The town is currently seeking funding for the project through the MPO.
The applicant is unable to commit to a draft condition as it is not yet completely clear, at the conceptual level of design, how the side path would impact the project, particularly a parking area proposed near the southwest corner of the site. Staff suggests that the applicant and Board discuss the matter and try to find wording for a condition that is mutually agreeable.
FISCAL & STAFF IMPACT: The petitioner has submitted fees and materials for reviewing and processing this request, which includes public hearing notice and advisory board evaluation. Staff time will be necessary for public notice and public hearing agenda preparation.
RECOMMENDATION:r Staff recommends that the Board of Aldermen receive public input and consider if the proposed rezoning is consistent with Town plans and policies as well as the advancement of the public health safety and welfare. A resolution for consistency is provided as (Attachment A-1) and the draft rezoning ordinance (Attachment B).