Title
Request-to-Set Legislative Public Hearing for Text Amendment Relating to Density in PUDs
PURPOSE: The purpose of this agenda item is to request that the Town Council consider setting a public hearing on a text amendment to the Land Use Ordinance relating to residential density in a Planned Unit Development (PUD). A resolution setting a public hearing for October 24, 2023 has been provided.
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Department
DEPARTMENT: Planning
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Contact
CONTACT INFORMATION: Marty Roupe, Development Review Administrator, 919-918-7333, mroupe@carrboronc.gov <mailto:mroupe@carrboronc.gov> Patricia McGuire, Planning Director, 919-918-7327, pmcguire@carrboronc.gov <mailto:pmcguire@carrboronc.gov>; Christina Moon, Planning Administrator, 919-918-7325, cmoon@carrboronc.gov <mailto:cmoon@carrboronc.gov>;
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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 text amendment to the Land Use Ordinance is a required step in accordance with North Carolina state statutes and Town regulations. Responses to the racial equity pocket questions relate to the legislative public hearing process necessary for the consideration of a text amendment.
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Information
INFORMATION: Section 15-139, of the Land Use Ordinance, outlines the provisions related to Planned Unit Developments (PUD). PUDs are zoning districts designed to combine the characteristics of at least two, or possibly three different zoning districts including residential, commercial and manufacturing/industrial. There are currently two Planned Unit Development (PUD) Districts in Town, one at the Ballentine neighborhood off Old NC 86 and the other at Claremont South off Homestead Road. Both are R-10/B-3 PUDs. In reviewing a request for additional dwelling units for the Claremont South B-3 area, staff determined that density was not available in the B-3 portion, but that significant density was available from the R-10 area, and that the minor modification approved in June 2021 allowed four more residential units than permissible by the land area. A mechanism to allow the transfer of residential density from one portion of a PUD to another portion of a PUD when both underlying base districts allow residential uses would address this instance and allow greater flexibility as PUDS are approved and built out in the future.
Section 15-321 of the Land Use Ordinance (LUO), Initiation of Amendments, subsection (c) provides for the Town staff to initiate amendments to the LUO when the proposed ordinance would benefit the general public interest. A draft ordinance has been prepared, that if adopted, would facilitate and allow for such residential density transfers (Attachment B).
If the text amendment is approved, the land use permit associated with a PUD would need to be modified if a change is requested after the original permit for the project is issued. Depending on the degree of change requested, the application would likely be processed as either a minor modification or major modification to the permit. The additional residences being built would increase the overall density of any particular project, generally consistent with the town’s desire to develop in an urban manner. A potential negative result would be a reduction in the area available for commercial uses within the commercial portion of the PUD.
The Town Council must receive public comment before taking action on the draft ordinance. Orange County and Planning Board review is also needed.
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Fiscal and Staff Impact
FISCAL IMPACT: There is no fiscal impact relating to setting a public hearing. Costs and staff time are associated with public hearing and advisory board review.
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Recommendation
RECOMMENDATION: The Town Manager recommends that the Town Council consider the resolution (Attachment A) setting a public hearing for October 24, 2023, and referring the item to Orange County and the Planning Board.
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