Conditional RezoningPotential Ordinance Information

and Considerations

Report to the Board of Commissioners

July 6, 2011

Background• Request to rezone 1.12

acres on W. Carolinian Circle from R-2, Medium Density Residential, to C-3 Commercial Services.

• Area of Environmental Concern per Fresh Pond.

• Concern of adjacent residential property owners.

• Land Use Plan supports rezoning from “C” to “R”, but not “R” to “C.”

• Impacts of truck traffic, noise. • Valued local business.

Conditional Rezoning or Conditional Use District Zoning

• Allows Town to legally discuss project specifics with owners and neighbors before rezoning.

• Conditions and site-specific standards are limited to bringing site into compliance with existing ordinances and adopted plans.

• Quasi-judicial and Legislative process.

• Is not exempt from a spot zoning challenge.

NC Governments that use this tool:

• Greensboro

• Charlotte

• Asheville

• Knightsdale

• Currituck Co.

Used to

-make districts more or less restrictive;

-“supplement” district rules;

-address specific environmental concerns where regulations are viewed as inadequate;

-Address specific neighborhood objections.

LEGISLATIVE AUTHORITY: NCGS § 160A‑382.  Districts.

(a)        . . . the city may divide its territorial jurisdiction into districts of any number, shape, and area that may be deemed best suited . . .; and within those districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. Such districts may include, but shall not be limited to, general use districts, . . .; overlay districts,. . .; and special use districts or conditional use districts, in which uses are permitted only upon the issuance of a special use permit or a conditional use permit . . . in which site plans and individualized development conditions are imposed.

(b)        Property may be placed in a special use district, conditional use district, or conditional district only in response to a petition by the owners of all the property to be included. Specific conditions applicable to these districts may be proposed by the petitioner or the city or its agencies, but only those conditions mutually approved by the city and the petitioner may be incorporated into the zoning regulations or permit requirements. Conditions and site‑specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to city ordinances and an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.

A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a special or conditional use district, or a conditional district, or other small‑scale rezoning.

(c)        Except as authorized by the foregoing, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts.

Requirements:– Same procedures as a standard rezoning.– Petition from the property owners.– Mutually agreed upon conditions.– Conformance with Other Town Ordinances

and the Land Use Plan.– Conditions should only address impacts of

specific site and use.– “Reasonableness.”– Consistency within district classifications.– Rezoning runs with the property not the use.

Example/Possible Procedure:

1. Pre-Application Conference2. Community/Neighbors’ Meeting 3. Application submittal with site plan4. Technical review and staff report5. Planning Board recommendation6. Public Notification and Hearing7. Commissioners disapprove/approve

subject to conditions included in application.

Where/When might this apply?

• Create “transitional” areas between commercial and residential zones.

• Where standard district regulations (setbacks, buffers, etc.) may not be adequate to mitigate reasonably expected impacts of development.

• Along major thoroughfares with high traffic counts and high visibility.

• When developer wants to address neighbors’ concerns through design that goes beyond general district regulations.

Staff Recommendations:

• Is larger public need addressed in this action (other than specific project)? If not, don’t proceed.

• Any rezoning that reclassifies residential to commercial will conflict with Land Use Plan, unless LUP amended.

• Limit to areas adjacent to district boundaries in order to create transitional zones.

• Require that more restrictive rules (of two zones adjacent zones) should apply.

• Require a site plan as part of the application.

• Revisit Land Use Plan with CAMA guidance.