AGENDA #3a
MEMORANDUM
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TO: |
Roger L. Stancil, Town Manager |
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FROM: |
J.B. Culpepper, Planning Director Gene Poveromo, Planning Manager |
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SUBJECT: |
Public Hearing: Residences at Grove Park - Zoning Atlas Amendment: Conditional Rezoning Application (File No. 9788-39-4841) |
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DATE: |
April 21, 2008 |
PURPOSE AND RECOMMENDATION
The purpose of tonight’s hearing is to continue the March 10, 2008 public hearing to consider an application from Ram Development Company for a conditional use rezoning for Residences at Grove Park. The applicant request rezoning from: Residential-4 (R-4) and Residential-6 (R-6) to the proposed Residential-Higher Density 3-Conditional (R-HD3-C) district. A copy of the March 10 Zoning Atlas Amendment public hearing memorandum is attached.
We recommend that the Council enact the Ordinance, attached to the March 10, 2008 memorandum, amending the zoning atlas as proposed by the applicant. Because a valid petition protesting the proposed rezoning has been presented to the Town Clerk, State Statutes require an affirmative supermajority vote by the Council in order to approve the zoning atlas amendment.
BACKGROUND
This application was introduced to the Council on March 10, 2008. Following staff’s introductory comments, the Council was informed that recommendations from the Planning Board, on the proposed Zoning Atlas Amendment and the Residence at Grove Park Special Use Permit, were not available at that time. At that point the Council continued the public hearings on the Zoning Atlas Amendment and the Special Use Permit to April 21. The Council asked the staff to return with recommendations from the Planning Board.
Since the March 10 meeting, we have received recommendations from the Planning Board. A protest petition against the proposed Zoning Atlas Amendment was also received by the Town. Copies of these documents, as well as a copy of the March 10 Zoning Atlas Amendment public hearing memorandums are attached.
This cover memorandum will focus on the protest petition and the recommendation from the Planning Board. For additional information on this proposed rezoning, including a copy of an Ordinance amending the zoning atlas, and a resolution denying the proposed amendment, please refer to the March 10, 2008 Residence at Grove Park Zoning Atlas Amendment memorandum.
PROTEST PETITION
Opportunity for a protest petition to a proposed amendment to the Zoning Atlas is provided for under North Carolina Statutes. If a sufficient protest petition is filed with the Town Clerk at least 2 business days prior to the date of the Public Hearing, the proposed rezoning(s) shall not become effective except by favorable vote of not less than three-fourths (7) of the Town Council.
On March 3, 2008 the Town Clerk received a petition protesting the proposed amendment to the Zoning Atlas. On March 6, 2008, staff confirmed that the petition is valid and sufficient under State Statutes. Because a valid petition (attached), protesting the proposed rezoning has been presented to the Town Clerk, State Statutes require an affirmative supermajority (7) vote by the Council in order to approve the Zoning Atlas Amendment.
Planning Board Recommendation: On March 18, the Planning Board considered this application and recommended that the Council enact the Ordinance rezoning the site from Residential-4 (R-4) and Residential-6 (R-6) to Residential-Higher Density 3-Conditional.
Staff’s Preliminary Recommendation: We recommend that Council enact the attached Ordinance, rezoning the 12.9-acre site from Residential-4 (R-4) and Residential-6 (R-6) to Residential-Higher Density 3-Conditional (R-HD3-C). We believe that the rezoning could be justified based on finding C as described above.
Because a valid petition protesting the proposed rezoning has been presented to the Town Clerk, State Statutes require an affirmative supermajority (7) vote by the Council in order to approve the zoning atlas amendment.
ATTACHMENTS