HomeMy WebLinkAboutAgenda - 05-04-1999 - 7aORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. ~-a
ACTION AGENDA TI'EM ABSTRACT
Meeting Date: May 4, 1999
SUBJECT: PROPOSED AMENDMENTS TO THE CARRBORO LAND USE ORDINANCE
RELATED TO IlVIPLEMENTATION OF THE FACII,ITATED SMALL AREA PLAN
DEPARTMENT: PLANNING PUBLIC HEARING: (Y/1~
ATTACHMENT(S): INFORMATION CONTACT:
See Attachment Outline Page lA Craig Benedict or Gene Bell
TELEPHONE N[TMBERS: - -ext. 2592/2589
Hillsborough 732-8181
Chapel.Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: Additional consideration of and decision on proposed amendments to the Carrboro
Land Use Ordinance related to implementation of the Facilitated Small Area Plan for the Northern
Study Area.
BACKGROUND: On March 30, 1999, a joint work session was held with the Canboro Board of
Aldermen to consider proposed amendments to the Carrboro Land Use Ordinance related to
implementation of the Facilitated Small Area Plan for the Northern Study Area. The joint staffs
were directed to confer on items needing additional clarification and report back. The joint planning
staffs met on April 13 to discuss the three primary and three secondary issues. on the attached
outline of major issues.
At the County Commissioners' meeting on Apri120, there was extensive discussion on the primary
issues. It was determined that more information and clarification on certain issues (items I.A and
I.B. in particular) was needed before a decision could be rendered. The Carrboro planning staff has
responded with the attached April 28 memorandum. A subcommittee was formed to review the
issues and make recommendations.
-.
FINANCIAL IlVIPACT: None.
RECOMII~NDATON(S): The Administration recommends approval of the proposed ordinance
revisions consistent with the attached subcommittee and administration comments noted within the
new materials.
x:B000BC~ss-a.DOc
1A
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 4,1999
SUBJECT: PROPOSED AMENDMENTS TO THE CARRBORO LAND USE
ORDINANCE RELATED TO IMPLEMENTATION OF THE FACILITATED
SMALL AREA PLAN
ATTACHMENT OUTLINE
NEW MATERIAL ~ PAGE
1. Overview by Orange County Planning Staff Regazding 2.3
Root Relationship of Carrboro Land Use Ordinance to
Existing Ordinances
2. Subcommittee Report and Recommendations 4-9
3. Carrboro Planning Staff Apri123, 1999 Response Memo, 10-11
Revised April 28, 1999, to April 20 Board of Commissioners
Meeting
PREVIOUS MATERIAL
4. Excerpts from Carrboro Land Use Ordinance 12-17
Regarding Major Issues
5. Carrboro Planning Staff April 13, 1999 Response Report 18-22
To Orange County Planning Report of March 20, 1999
6. Orange County Planning Staff March 20, 1999 Report 23-29
Regazding A) Northern Study Area Plan -Ordinance Consistency
B) Northern Study Area Plan -Recommendations
Not Reflected in Ordinance
7. Carrboro Planning Staff March 16, 1999 Report 30-33
Report Regazding Northern Study Area Implementation Ordinance
8. County,.,~ttorney Mazch 30, 1999 Letter 34-36
Regarding Conditional Use as Master Planning
9. Proposed Northern Study Area Land Use Ordinance in its entirety
(Page numbers within the document 1-35)
1 ~ .. ~ ~ .. . t ..
~ t
7 ..
Apr-22-99 03:21P Town of Carrboro
Carrboro Northern Stady Area
Outline of Mayor ~SSUes
I. Primary Isaacs
A cauuaty Yavolverneat is the Developmeat Review Process (sec
att~hed later fra~a County Attornay)
' I. Canclitianat Use Process (Secaioa 1S-)4x.z(b)(p,)(Zx4~~
~. MasterPtennuing prooeas (Sadit~m 13-1,41.Z(gxl)(1j(3)(Sx6)
B. OfftcGlAssembty (O/A) Distinict (min;~aam tee) (S«xion,1S-36(11))
G. V~St~ Mixed use (ZrMU) D;stc7icts
1. i~ensity~
3, Location
IL Secondary Isstus .
A. Greenway Connectivity - 'Y`~rough Rural Buffer inm Co~mty
Ptah .
B. Traaspottation Plan ~ Ta Support V'
C. Perk .Master Plan » U~cation Requit~n ne is
IB: Future Dues .
A. Transfer of Dcv~elopment Rights ('TDR)
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...
919 968 7.737
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OVERVIEW BY ORANGE COUNTY STAFF OF
CARRBORO NORTHERN STUDY AREA
LAND USE ORDINANCE
Purpose: This overview analyzes the Root Relationship between the New Northern
Study Area Land Use Ordinance and Existing Town of Carrboro Ordinances for the
primary issues.
Abstract: The proposed ordinance is being inserted into Carrbom's overall land use
ordinance, For clarity of understanding and implementation, Orange County Planning.
Staffhas asked-that cross-references to existing regulation text be deleted as much as
possible in favor of being able to review a new regulation in its entirety within a specific
section. In some cases, which are explained below, the new regulation is unique to the
Northern Study Area and therefore do not have cross-references to existing regulations.
The summary of the primary issues of;
A. County Involvement in Development Review Process (i.e. Conditional Use vs
Master Plan process)
B. Office Assembly/Conditional Use (OA/CU) District (Minimum Size and Total
Amount)
C. Village Mixed Use (VMLT) District (Location, Density and Phasing)
and the relationship to their origin and relationship to existing land use ordinances follow.
Bolded areas are recommendations.
A) Master Plan/Rezoning Approach is unique to the existing Carrboro Land Use -Code.
The approach seeks to create a general plan of development with enough specificity
to gauge the important impacts and calculate the intended outcome. The County may
ask for whatever level of information it deems necessary to make its rezoning
decision. The conditional use approach is often overly specific and rigid during its
initial rezoning submittal period which may lead to frequent requests. for modification
as the plan is finalized. In order to control major deviation from the master plan,
the county recommends the actual. conditional use permit closely follow the
delineated important aspects of the master plan approval (i.e. traffic,
conservation lands, roadway buffers, density provisions, housing type, etc.).
B) Office Assembly/Conditional Use (OA/CU) districts have their origin within the
existing cow. The proposed OA/CU is dissimilar to the existing OA district because
architectural controls and maximum amount of 25 acres are implemented. In
addition, the cross-reference to an OA district to the minimum amount of acres
for an OA/CU project should be deleted and with a concurrent recommendation
to create a 4 acre minimum. This guideline creates a total amount of potential sites
to six, which is reasonable within a 3365-acre NSA area.
Page 1 of 2
3
OVERVIEW (continued)
C) Village Mixed Use (VMU) districts aze also a unique concept to the Northern Study
Area and do not have any direct linkage to the existing regulations. The intent was to
create three mini-town centers in the rural area that could provide a mix of housing
types and include commercial service and work environments while providing
enhanced open space. This concept creates internal pedestrian and vehicle traffic to
decrease the external traffic along rural roads to the major town center of Carrboro.
Carrboro will still provide the subregional services of the town, country and VMU
districts. VMU's also offer a favorable alternative to multiple, regimented, small
-subdivisions that often, if not well planned, create a rural roadscape with many road
capacity limiting driveways and loss of roadside, native landscape buffers.
-.
Page 2 of 2
4
SUBCOMMITTEE REPORT AND
RECOMMENDATIONS
Carrboro Northern Study Area
Land Use Ordinance
Based on discussion from the April 20, 1999 Board of Commissioners meeting
regarding the above referenced implementation ordinance, the Board Chair, Alice
Gordon suggested a subcommittee be formed to address the remaining primary
issues:
A. County Involvement in Development Review Process (i.e.
Conditional Use vs. Master Plan Process)
B. Office Assembly/Conditional Use (OA/CU) District (Minimum
Size and Total Amount)
C. Village Mixed Use (VMLn District (Location, Density and
Phasing)
The subcommittee included Commissioner Margaret Brown, Commissioner Barry
Jacobs, County Attorney Geoff Gledhill, and County Planning Director Craig
Benedict. Primary discussions were held on Tuesday, Apri127, 1999.
The findings and recommendations which track the primary issues A, B, and C,
are as follows with recommendations noted in bold:
A. County Involvement in Development Review Process
1. The two methods for approval of a VMU district (master
plan/rezoning and conditional use/rezoning). are
acceptable. However, two additions, items a and b below
are recommended.
a) In both methods, the applicant for VMU district
should meet with Carrboro and Orange County
Planning staff rior to the formal submittal of the
Rezoning application to informally discuss the
preliminary rezoning development plan.
b) Delete language in Section 4 of the proposed
-- implementation ordinance (noted on pages 8 and 9 of
the 35 page document attached to the end of this agenda
item) and being part of Section 15-141.2(g)(5)a as
shown in following excerpt.
1\CARR\SYS\PLANNING\CRAIG\CARSTUDY.DOC
~5
(Excerpt)
(5) If a VMU rezoning application is
approved with a master plan (rather
than a conditional use permit),
approval of the master plan under
this section does not obviate the
need to obtain a conditional use
permit for the village mixed use
development in accordance with the
provisions of Section 15-176.1 of
this chapter.
a. In addition to other grounds for
denial of a conditional use permit
application under this chapter, a
conditional use permit for a village
mixed use development may be
denied on the basis that the
application is inconsistent with the
approved master planes-,
~•
REPLACE WITH
Anv action of the annlicant that
would constitute a modification
fsignificant imnactl to the special use
permit also becomes a reconsideration
of the rezonine for the specific
roe .And
Any variance in the Conditional Use
permit from the master plan
aparoved shall. be treated as a zoning
reconsideration.
A question arose regazding what constitutes a modification,
so the Orange County Planning Staff reviewed the attached
Carrboro Existing Ordinance Sections 15-63, and 15-64.
These sections- note Conditional Use permits and
Amendment to and Modification Criteria (pages 8 & 9
of agenda.)
\\CARR\SYS\PLANNING\CRAIG\CARSTUDY.DOC
6
The subcommittee recommends that `discernible
impact' should be further quantified to note no increase
in traffic or units or decrease in open space.
B. Office Assembly/Conditional Use; OA/CU (minimum size and
total amount).
1. The ordinance section regazding the 25 acres as the
maximum number of OA/CU acres in the City and NSA is
acceptable. Additional OA (the district that now exists
within the Carrboro planning azea) acres could only be
added to the NSA by a rezoning approval by the County.
2. A modification by addition of language to.create a four
(4) acre minimum to an OA/CU district is
recommended. This new regulation will limit the
maximum number of separate districts to six. Therefore,
OA/CLT districts could range in size from 4 to 25 acres with
the total amount fixed at 25 acres. A large map of the NSA
and town (available on poster board at the meeting)
indicates the potential size~and placement of three 8.3-acre
districts.
3. Add language that during the first OAICU project, no
other approvals for OA/CU can be made until an
evaluation of the first project is completed. This
evaluation only occurs after the first project unless the
Boazd of County Commissioners, at a later date, wishes to
suggest an ordinance amendment proposing a different
evaluation process.
C. Village Mixed Use (VMU) (Location, Density, and Phasing)
The subcommittee reviewed the residential density ratios
noted in the Carrboro Planning Staff memo of April 26.
The subcommittee noted the need to see a fizrther
breakdown of information.
1. The determination of what density was being created by
VMU districts in the NSA is noted in the recent memo
'` from Carrboro dated Apri128. In this case the planning
staff sought to decipher NSA density projections and
compare to the NSA plan which was adopted last yeaz. The
NSA projected a gross tazget density of 2.1 dwelling units
per acre which is an estimate of existing Carrboro. As
\\CARR\SYS\PLANNING\CRAIG\CARSTCTDY.DOC
~,7
noted in the Carrboro memo, existing Carrbom
development includes 63%multi-family which is
incorporated in the existing density figure. This factor can
inflate existing density figures but the information was
considered in the NSA Plan analysis.
After review by administration a determination of
consistency is found between the plan's target density of
2.1 dwelling units per acre and the projected 1.7
dwelling units per acre developed by the
implementation ordinance.
As an additional constraint the committee recommends
that VMU districts be restricted to a specific buildable
acreage where the residential density can be located.
This preserves open space and does not allow density to
be spread over originally planned preserved areas.
-.
\\CARR\SYS\PLANNING\CRAIGICARSTUDY.DOC
EXCERPT FROM EXISTING CARRBORO LAND USE ORDINANCE REGARDING .
PERMITS AND MODIFICATIONS THERETO CONDITIONAL USE $
Art. IV AERMI7SANUFl1WiLALAT'A1'1'R(7VAL
having the permit executed by tht pmpetty owner sa it can be rcearded if
required under G.S. 15-4C(c).
g tinny of the provisions of Article VIII (Nonconfomung Situations).
to permits issued prig to the date this section becomes effective. '
~~ ~cuting. special use, conditions! u~ scut sign permits autlwty~ the pemsittee to
use of the land and structures in a particular way. ' Stn:ls permits are transfcrablc. Hovwver, so
long as the land or structures or any portion thereof covered under a petinit continues to be used for
the pwlwsrs far which the permit was granted, then:
(1) No person (including successors or assigns of the person who obtaiacd tha
permit) may make use of the land or structures covered under such permit
far the purpo~s authorized in the permit accept in accordance with all the
tamp and requirements of that pcrmit~ and
(2) The terms and requirements of the paYnit apply to and restrict rho use of
land or structures c~vcnzi under the pomsit, not only with respect to sll
persons having any interest in the property at the time the permit was
obtained, but alas with respect to persons who subsequently obtain 'any
inttxest in alt or part of rho covered property :»nnd wish to use it -for• or in
connection -with .purposes other thins those for which the permit was
originally issued, so long as the persons who subsequerrdy obtain an iaterest
in the property had actual or record notice (as provided in subsection (b)) of
tt~e existence of the permit at the time they acquirad their interest.
(b) Whersever a zoning, special use; or conditional use permit is issued to suthoriu
development (other than single-family residences or duplexes) on a tract of land in excess of one
aexa, no autharixed by the permit may be dame until the record owner of the pr~rty signs a
w;itte''~n a lodgment that the permit hag bean issued so that the permit may be recorded in the
~Ora~nge..t: tarry and indexed undr the record owners Hama as grantor. '
...
SCCt~Oe /5-64 Amend rntx !n and Mnditirs~tine~ of Permits:
~a,),_,,.,.-8t~ect to subsection ~e), insignificant deviations frorb the permit (inctucliing
approved pions) is~ted by the a n, the board of adjustment, or the administrator are
permissible anti 'ter may au ' such insignificant deviations. A deviation is
insignificant ' t has na discernible impact on 'ghboring pmpexties; the general public, or those
intcndedrto copy or use the pro~sed.tievel pment. (AMENDED 5!26!8!; 6lZ218Z)
s..
Aare !3
9
Art. l v 1'~~RMIT 5 ANA FINAL PLA7'AAARAV'A~G
(b) .Subject to subsection (e), minor design modifications or change.S in perrniLs
(including up~,rovrd plans) are permissible with the approval of the pcrtnit-issuing authority. Unless
it is roquested by the pr.cmit-issuing authority, no public bearing shalt be required for such minor
modlScation. Tor purposes of this section, minor design modifications or changes are those that
have no substantial impact on neighboring properties, the general .public, or these inter:ded to
ocxupy or use the proposed development. (AM t;NAEA W2Z1$Z; Ot,106/89)
' (c) Subject to subsection (e), all other requests for changes in approved plans will be
processed as'new applications. Lf such requa4ts arc requind to be acted upon by the board of
aldermen or board of adjustment, new conditions easy be imposed is accordance with Section
IS-S9, but the applicant retains the right to reject such additional conditions by withdrawing his
zrciuest for an amendment and may then pivcxxd in accordance wish the previously issued permit.
. (AMENDED 6JZ7J$~) ~ .
(d) 'The administrator shall determine whcthtx amendments to and modifications of
peimits fall within the categories set forth above in subsections (a), (b), and (c). (AMENDED
51Z6/8I)
(e) Notwithstanding the foregoing provisions of this section, whenever the board issues
a conditional use permit for a planned industrial development (use classification ~p.000), the
administrator may ~authoriu changes in the approved plans for such deveioptncnt that do not
substantially alter the character or pattern of development approved by the board, so long as the
revised plans contin~roe to comply with the provisions of this chapter and any conditions impo:~ed by
the board in issuing the pernut. In grantins a permit for a planned industrial development, the
board may identify more specifically those elements of the plans concerning which changes may be
approved by the administrator under this subsection. (AMENllEll ti/~2J82)
(i} An applicant rcgt:LSting a change in approved plans shall point out to the
administrator, specifically and in writing, what deviation or changes are requested. 'l'hc
administrator shall respond in writing. No changes shall be authocYZe.~d except in conformity with
this section. (AMENDED 1l22!$S') ...
Whenever (i) the board of aldermen disapproves a conditions! use permit applica#ion, or (ii)
the board of adjustment disapproves an application for a special use permit or a variance, on any
basis other thanrthe failure of the applicant to submit a complete application, Such action may not
be rcconsidered`by the respective board at a later time unless the applicant clearly demonstrates
that:
(1) Circcanstances affectiag the propcity that is the subject of the application
have substantially changed; or s ~-
Pale 14
f Apr-29-99 1Z:16P Town of Carrboro' 919 968 7737 10
TOWN OF CARRBORO
NoRrli caROUNa
MEMORANDUM
To: Craig Benedict, Orange County Planning Director
Prom: Patricia J. McGuire, I.attd Use
DaEe: April 2ft, 1999 \
3ubjeets NSA Draft Ordinance - Suppordng Information
tnfoanation on the three primary. issues reviewed last Tuesday night by the Board of County
Commissioners is presented in follow.up to our discussions and con~espondence of this. matter
since then, This. memorandum iacludes the additional information on development in the
Northern Study Area that 1 was able to gather, per your request of yesterday afternoon. Please
advise if any additional information is needed for the Commissioners' further review of the NSA
Ordinance and, if necessary, how our exchange of clean copies can be scheduled.
tnvolvemerit in DeveloQtneni Review
The Joint Planning Agreement establishes a joirn rezoning process far standard and
conditional use rezonings !n Carrboro's'fransitian Areas;
~ The Joint Plarming Agreement establishes a courtesy review procedure by Orange County for
all developments within Carrboro's 'I~ansition Areas that rcquiro conditional use permit
appmwal by tlu Carrboro Board of Aldermen;
3. The NSA Ordinances proposes two methods fior approval of Village Mixed Use (VM[n
developments, a combined master plan/rezoning approach, and a combined conditional. use
permit/rezoning approach. Both methods would follow the joint rezoning procedures
specified in the Joint. Planning Agreement, with information requit+ements and approval
processes described in the Carrbom Land Use Ordinance and draft NSA Ordinance.
B, office/Assembly Conditional Use District (O/A CU)
1. The O/A CU is based on the O/A zoning district used in the city limits and fi'I'J, but subject to
adduional architectural requiremei~. See table below fen comparison.
.Zoning Feasible locations Couaty Rule Mlnimnm Msrximnm
District Size
~ Size
O/A City imits, TrTJ None 5 Nc~ limit
outside of Norihnxet coatiguouR
Study Atra acres
O/A CU City limits, F.TJ, Joint approval required for 5 25 acres
NSA any rezoning to O/A (;U in ecmtiguous
Transition Areas acres
Plmrring Depsttn,ent * PlAnnieg Division
3~1 Wsst NIa~ Street, Carrboro, NC 27510.(819) 988.7714 • FAX (919) 968-7737 .• TDD (919) 9B8-7717
AN EQIJ~ OPPORTUNITY t~t.OYER
Apr-29-99 12:16P Town of Carrboro 919 968 7737 ~11
Memo lte: NSA Ordinance - Supplemental Information Page 2
04/29/99
C (rtl. Village Mixed Usa NMU) District
a) The NSA Plan establishes an overall target density for area of 2.1 dwelling units par sore.
This density is consistent with that currently found in Carrboro. The residential units in
Carrboro total approximately 7,400. 63 percent of whuh are multi-family, including
duplexes, condominiurns, townhouses, and apartments.
b) The NSA Plan establishes a target density far mined-use areas of 5 dwelling units per acre.
c) village base density is equivalent to R-10 zone, R-iO is a residential zone with a standard
minimum .lot size and density allocation per dwelling unit of 10,000 square feet.
d) Density calculations under existing conditicma and the provisions of the NSA plan and draft
ardinanco are presented in the table belcnv. A note regarding these calculations is as follows:
ij The information presented includes al! ea;stmg development and the full development
of all ocher parcels of five acres or greater in siu within the NSA, which is made up of
areas within the city limits and ETJ and the Transition Areas.
1LaudlDevelopment Ch>sracteristlcs Land Area* U~ts* Aendt~
i. Northern Study Area (NSA) 3365 1531 .45
2. NSA without city limits 2646 503 .2 ~._
3: City limits portion of NSA 719 1028 1.4
4. Existing zoning 3365 .4561 1.3
S. Existing zoning, net density, no " 4136 1.2
VMU _
6. Hoisting zoning, net density, 350 4697 1.4
acres of VMU (no bonus unitsZ _
7. Existing zoning
not density, 350 5695 _
1.7
,
acres of VMU (includes
. approximately 998 bonus units,
_- 425 of which are "affordable")
* Figures estunated from 1998 analysis of developed and undeveloped parcels in NSA.
Cam). Villaee Mixed Use fVMU) District: Location
a) Conditional use districts are "floating"- no specific locations are targetetii;
b) Speclficd characteristics associated with design, and density to support additional design will
make some sites more suitable than others;
e) 50-200 acre size range and 350-acre cap on VMU districts will affect location;
d) VMU developments may not generate tralllc that will endanger the public health ar~d safexy;
e) VMU developmetts must be able to be served by OWASA water and sower services;
f) VMU developments with commercial campona~ must be located 200 feet from an arterial
toad and at least one•half milt from the nearest edge of another commercial canter.
g) "Connector Roads PoUcy" adopted by the Board of Aldermen identifies major road corridors.
VMU locations and road networks will need in comply with that polity .and with road
cormectiviry requirements included in the Land Usa Ordinance,
Xc: Carrboro Mayor and Board of Aldermen, Robert Morgan, Roy Wr1h'ford
301 West MaM SM1st, Carrboro, NC 27510 ~ (919) 886-7714 • FAX (919) 96&7737 •'trit) (9t8) 96B-7717
AN EQUAL OPPORTUNITY EMPLOYER
EXCERPTS OF MAJOR ISSUES 12
areas shall be designated as open space.
(~ Subsection 15-198(8) is amended to read as follows:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
3S
36
37
38
39
(g) A developer shall not be regired to set aside as open space under the
provisions of subsections (d) and (e} more than the minimum required
percentage of open space set forth in subsection (c). If the sum total of open
space otherwise required under the provisions of subsections (d) and (e)
exceeds forty percent of the development tract (twenty percent in the R 2
district), then the permit issuing authority shall allow the developer m set
aside a smaller area of open space under subsections (d) and (e), individually
or collectively, so that. the developer is not required to preserve as open space
more than forty percent of the development tract (twenty percent in the R 2
district). However, if areas that constitute prnnary conservation areas Dave
not been set aside as open space, then the development plans shall otherwise
.provide for the preservation of such areas even though they may be located.
within, privately owned lots (e.g. by specifying buildable areas within
individual lots). Notwithstanding the foregoing, hardwood areas identified on
the t ;arrboro Natural Constraints Map that are not set aside as common open
space shall be preserved except to the extent that removal of such hardwood
trees is necessary to accommodate the permitted uses created out of land not
set aside as common open space.
(e) Subsection 15-198(h) is amended to read:
(h) If the area of open space required to be preserved under subsections (d) and
(e) does not exceed forty percent (40%) of the area of the development tract (20% in the R 2
district), then the permit issuing authority may require that the developer set aside from
among the areas that constitute secondary conservation areas as defined above an amount of
open space equal to the difference between the amount of open space preserved under
subsections (d) and (e) and forty percent (40%) of the development tract (20% in the R 2
district).
(fl Subsection 15-198(bx3) is amended by adding a new subsection "c" to read as follows:
(c) Areas used for the growing of amps, such as hay, com, or vegetables, if and to
the extent that such uses occur within as area that is subject to the control of a homeowners
association and such uses are approved by the homeowners association.
,., .
40 SEC710N 4. `~iticle IX, Part I, is amended by adding a new Section 15-141.2 to read as follows:
41 ~ -..
Section 15-141.2 Vrl].aEe Nfxed Use District Established '
43 .
44 (a) Tb,ere is hereby established a Village Mixed Use (~TMLn district. This district is established
45 to provide for the development of rural new villages at a scale intended to continue Carrboro's small town
46 character as desanbed in its Year 2000 Task Force Report and to promote a traditional concept of villages. .
d~e~ S mF ~ c
13
1 The applicant for rezoning to this district must demonstrate that its planning, desiga and development will
2 achieve,. but not necessarily be limited to, all of the following specific objectives:
3
4 1. The preservation of open space, scenic vistas, agricultural lands and natural resources
5 within the Town of Cairboro and its Planning jurisdiction and to minimize the .
6 potent-al for conflict between such areas and other land uses;
7
8 2. The creation of a distinct physical settlement surrounded by a protected landscape of
9 generally open land used for agricultural, forest, recreational and environmental
10 protection purposes. .
11
12 3. Dwellings, shops, and workplaces generally located in close proximity to each other, .
13 ~ the scale of which accommodates and promotes pedestrian travel for trips within the
14 village;
15 ~ ~ .
16 ~ 4. Modestly sized buildings fronting on, and aligned with, streets in a disciplined
17 ~~,
18
19 S. A generally rectilinear pattern of streets, alleys and blocks reflecting the street
20 network in existing small villages which provides for a balanced mix of pedestrians
21 and automobiles.
22
23 ~ 6. Squares greens, landscaped streets and parks woven into street and block patterns to
24 provide space for social activity, Parks and visual enjoyment.
25
26 7.. Provision of buildings for civic assembly or for other common purposes that act as
27 visual landmarks and symbols of identity within the community.
28
29 8. A recognizable, fimctionally diverse, but visually unified village focused on a village
30 green or square.
31
32 ~ 9. Development of a size and scale, which accommodates and promotes pedestrian
33 travel rather than motor vehicle trips within the village.
34
35 10. Compliance with the policies embodied in this chapter for the development of a
36 ~ village mixed use. .
37
38 (b) The VMCT district shall be a conditional use district authorized under N.C.Ci~.S. 160A 382. .
39 As such, property aa~y be placed within this district only in response to a petition by the owners of all the
40 property to be includ~ .
41 -.
42 (c) As indicated in the Table of Permissible Uses, the only pemzissi'ble use within a VMU district
4~3~s~a village mixed use development, and a village mixed use development is only permissible within a VMU
4S
46 . (d) ~ Property may be rezoned to the VMU district only when the ProP~S' Proposed for such
14
1 rezoning:
2
3 (1) Comprises at least fifty, but not more .than two hundred, contiguous acres. For
4 ~ purposes of this subsection, acreage is~not "contiguous" to other acreage if separated
S by a public street or connected only at a point less than one hundred feet in width; and
6~
7 (2) Is so located in relationship to existing or proposed public streets that traffic
8 generated by the development of the tract proposed for rezoning can be
9 accommodated without endangering the public health, safety, or welfare; and
0 t
.1 (3) Will be served by OWASA water and sewer lines when developed;
.2 .
.3 ~ (e) No more than 3S0 gross -acres may b~ rezoned to the VMU district and no more than three
.4 villages znay be approved.
(fl Nothing in this section is intended to limit the discretion of the board of aldermen to deny an .
application to rezone properly to a VMU district if it determines that the proposed rezoning i5
not in the public interest.
20 (g) When a VM[T rezoning application is submitted (in accordance with Article XX of this
21 ordinance), the applicant shall simultaneously submit either (i) a conditional use permit application for a
22 village mixed use development in accordance with the provisions of Section 15-176.1 of this chapter, or (ii)
23 ,an application for approval of a master plan for the proposed village Waxed use development, in accordance
24 with the following provisions.
2S
26 (1) ,The master play shall ~ show, through a combination of graphic means and text
27 (including without limitation proposed conditions to be included in the conditional
28 use permit for the proposed development):
29
30 ~ a. The location, types, and densities of residential uses;
31
32 b. The location, types, and maximum floor areas and impervious• surface areas
33 for non residential uses;
34
3 S c. The location and orientation of buildings, parking areas, recreational facilities,
36 ~ and open spaces;
37
38 d. Access and circulation systems for vehicles and pedestrians;
39 ,~, .
40 we. How the development proposes to satisfy the objectives of and comply with
41 -. the regulations applicable to a village nsixed use development as set forth is
42 Section 15-176.1 of this chapter;
43
44 fl How the development proposes to minimize or mitigate any adverse impacts
4S on neighboring propezties and the environment, inckuding without limitation.
46 impacts from traffic and stoimwater runoff and
iD~~. 7 .1' ~ r
15
2
3
4
5
6
7
g. How the development proposes to comply with the town's "Village Mixed
Use and Affordable Housing Vernacular Architectural Standards."
(2) The planning .board, Northern Transition Advisory Committee, Appearance
Commission, Environmental Advisory Board, Transportation Advisory Board (and
other advisory boards to which the board of aldeanen may refer the application) shall..
review the proposed master plan or conditional use pemsit application at the same
time it considers the applicant's rezoning request. In response to suggestions made
by the planning -board (or other advisory boards), the applicant may revise the master
plan or conditional use permit application before it is submitted to the board of
aldermen.
(3) If the applicant submits a proposed master plan (rather than a conditional use permit
application) with the VMU rezoning application, then:
a. ~ The rezoning application and master plan proposal shall be reviewed
concurrently by the board of aldermen according to the same procedures and
in accordance with the same standards applicable to other zoning
amendments; and
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
44
45
46
b. The Board may not approve the VMU rezoning application unless it
simultaneously approves the master plan for the development of the property,
subject to such reasonable modifications and conditions as the. Board may
impose in the exercise of its legislative discretion.
(4) If the applicant submits a conditional use pemut application (rather than a proposed
master plan) with the VMU rezoning application, then: .
a The rezoning application and conditional use permit application shall be
reviewed concurrently by the board of aldermen according to the same
procedures and in accordance with the same standards applicable to other
.conditional use permit applications; and
b. The Board may not approve the VMU rezoning application unless it
simultaneously approves the conditional use permit application for the
development of the property, which conditional use permit may be approved
subject to reasonable conditions and requirements as set forth in Section 15-
„~ 59.
~y
-,. .
(5~ ~f ~ VMU rezoning application is approved with a master plan (rather than a
• conditional use permit), approval of the master plan under this section does aot
obviate the need to obtain a conditional use peanit for the village mixed use
development in accordance with the provisions of Section 15-176.1 of this chapter.
a. In addition to other grounds for denial of a conditional use permit application
16
1 under this chapter, 'a conditional use permit fora .village mixed use
2 development may be denied on the basis that the application is inconsistent
3 with the approved master plan. However, if the conditional use permit is
4 approved, the board of aldermen shall be deemed to have amended the master
5 Plan to bring it into conformity with the conditional use permit.
6
7 ~ b. No conditional use permit for a village neighborhood mixed use development
8 may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for
9 ~ such denial involves an element or effect of the development that has
10 previously been specifically addressed anti approved in the master plan
11 ~ approval process, unless (i) it can be demonstrated that the information
12 presented to the board of aldermen at the master plan approval stage was
13 materially false or misleading, (n~ conditions have changed substantially in a
14 manner that could not reasonably have been anticipated,. or (iu~ ~ a basis for
15 denial for reasons set forth in Subsection 15-54(cx4) is demonstrated by clear
16 and convincing evidence.
17
18 (6) Sub}ect to Subsection 15-141.2(fl(5), a master plan approved under this section may
19 only be amended in accordance with the provisions applicable to a rezoning of the
20 Properly in question- .
21
22 SECTION S. Article XI, Part II is amended by adding a new Section 15-176.2 to read as follows:
23
24 Section 15-176.2 Village ATxed Use Developments
25
26 (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of
27 the tract, or five sores, whichever is less, may be used for purposes permissible in the B-3T or OA districts,
28 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in
29 the remaining provisions of•this section, the Master Plan, or the conditional use permit that authorizes the
30 development in question.
31
32 (1) Within the .portion of the tract developed for commercial purposes, the regulations
33 (other than use regulations, which are governed by the provisions immediately above)
34 applicable to property zoned B-3T shall apply except as otherwise provided in this
35 section or as otherwise allowed. by the board of aldermen in the approval of the
36 Master Plan or conditional use permit for the development
37
38 (2) The commercial portions of the village mixed use development shall be contained
3 9 ~ _, within a "storefront use area." This area shall be designed to provide a variety of
40 `_~etail shops and services to support the day-today needs of village residents and other
41 ~ 'local residents, complemented by other compatible business, civic and residential
42 uses in commercial-type buildings in a manner consistent with a small downtown of
43 or central market place inthe commurnty.
44 .
45 (3) Storefront use areas shall be located so they are easily accessible by pedestrians from
46 ~ as much of the residential areas as possible (preferably ~ within 1,500 feet - a five-
Nwn. o..rae
17
1 _ (e) . In approving a special or conditional use permit for a development that proposes to utilize the
2 density bonus provisions of this section, the permit issuing authority shall ensure, by approval of a condition,
3 phasing schedule, or otherwise, that affordable housing units are ach~ally provided in accordance with the
4 .provisions of this section. Without limiting the generality of the foregoing, the permit issuing authority may
5 impose a condition specifying that units"may not be issued until the corresponding affordable housing units
6 are constricted and offered for sale or rent for as amount that is consistent with the definition set forth in
7 subsection (a).
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
SECTION 7. Section 15-146 (Table of Permissible Uses) is amended by adding a new classification
32.000 entitled "Village Nfixed Use Development" and by adding the following language across the table
opposite this use classification: "Permissible only in Village 1Vlixed Use Districts (See Section 15-141.2)
pursuant to a conditional use permit)."
SECTION 8. Section 15-136 is amended by adding a new subsection (11) to read as follows:
(11) O/A CU Office/Assembly Conditional Use. This district is identical to the O/A district and
shall be subject to all regulations applicable to the O/A district (including but not limited to
the perfoanance standards set forth in Part 1 of Article XI) except as follows:
a. This district shall be a conditional use district authorized under N.GG.S. 160A-382.
As such, properly may be placed within this district only in response to a petition by
the owners of all the property to be included.
b. There shall be no minimum size for this district and no single, contiguous tract in
excess of five (5) acres may be rezoned to a O/A CU district. No more than twen -
ty
five (25) acres may be rezoned to the O/A CU.
c. As indicated in the Table of Permissible Uses, the only permissible use within an O/A
CU district is an office/assembly planned development, and an office/assembly
planned development is permissible only in an O/A CU district.
1. ~ The applicant for an office/assembly planned development conditional use
permit shall specify which of the use classifications generally permissible
with an O/A district the applicant wants to make permissible within the
proposed O/A CU district.
2. Once a conditional use permit authorizing an office/assembly planned
,development has been issued, then individual tenants or occupants of the
spaces or properties covered by the permit may occupy or use such individual
• '; spaces or properties without need for additional zoning, special use, or
conditional use permits, so long as such use or occupancy is consistent with
the approved conditional use permit including limitations on permissible use
classifications approved pursuant to subsection 1 above or other conditions or
limitations imposed as conditions puusuant to Section 15-59.
3. Uses within the O/A CU district shall be limited to those where loading and
-...____.__.___-.--______.__- ~ap~ 21 of 3S .
APRIL 13, x.999 REPORT
TOwN OF CARRBORO PLANNING STAFF
RESPONSES TO ORANGE COUNTY PLANNING STAFF COMMENTS
"PLAN RECOMMENDATIONS NOT REFLECTED IN PROPOSED ORDINANCE AMENDMENTS"
O.C. NSA Plan Comment/Content/ Response (NSA Ordinance Section Reference is underhined, if applicable)
Comment Section ~~ ~ Page # Issue/Goal
t 1 6 improved This idea is addressed in the draft NSA Ordinance, Sections 2 and 3. Section 2
Quantity/Quality of establishes a net density procedure per implementation measure 1.1. Section 3
Conservation Lands establishes a procedure that conserves primary conservation areas, regardless of the
extent to which a property is constrained, and specifies additional ranked categories
. of secondary conservation areas. '
• ~ n~Y~~~ wi~Crvau~n
lands to interconnect. iius iaea is aaaressea m orauiance ~ectYOas 3 and 17. Section 3 addresses this
issue in a broad fashion in that it identifies required open space categories and
where these are preserved on adjacent parcels of lead, they will by necessity be
interconnected. Section 17 includes 14 objectives that preliminary development
plans (for all subdivisions greater than S .units} must address. Objective 14 includes
the following language "Provides open space that is reasonably contiguous.... The
open space shall generally abut existing or potential open space land on adjacent
parcels, and shall be designed as part of larger, contiguous and integrated greenway
systems...:'
3 4 47 Neighborhood Mixed
~ This idea is addressed in Sections 4 and 5. VMU Conditional Use district and
Use
~ specified design and architectural standards allow. development as noted.
4 4 49 .Community Mixed Use This illustration was prepared by original work group as an example of a larger
.-scale mixed-use, type of development. To the extent possible, the concept is
. incorporated into the VMU, however, only a 5-acre commercial area would be
penuitted and a central green of 12 acres in size would make it difficult to provide
peripheral, contiguous open space, as described in Section 5.
~ ~ a Anraci aeveiopers wno t 1us laea is expanded upon within the text of the measure, as follows: "Developers
. have successfully built of these mixed-use, village-style areas, as well as other potential developers, could
mixed+use and clustered ' be approached by Carrboro officials." It did not seem necess or a ro riate to
• ~y PP P
developments.. include this measure within the ,Land Use, Ordinance, although the Board of
Aldermen could adopt a resolution affirming their desire/interest in contacting
developers..
N
w
O.C. NSA Plan Comment/Content/ Response (NSA Ordinance Section Reference is underlined, if applicable)
Comment .Section # Page # ~Issue/Goal
6 5 58 Provide incentives to This measure proposes tax breaks, higher allowed densities, or an expedited
. commercial and office permitting process as incentives to catalyzing business interest in neo-traditional
businesses that locate in developments. Section 5 allows free residential units (from a density perspective)
~ ; neo-traditional above commercial space and allows commercial areas to be included in density
~ developments. calculations. Tax breaks for businesses are not allowed under NC Constitution and
expedited permittingr is typically a procedural matter.
~ J Jy Yronlblt lane uses anti C;arrboro Lana Use Urcunance Is centerea on a table or permissible uses (lYU).
activities that would use New, non-residential uses that will be allowed in the study area are based on those
large quantities of water. allowed in the Transition Area Business (B-3-T) and Office/Assembly (O/A)
zoning districts. Permitted uses in these zones that might require large quantities of
water include manufacture/assembly, skating rinks and swimming pools, and
- laundromat$. An existing ordinance provision (Section 15-168 Water
Consumption) prohibits manufacturing and assembly uses from using more than'an
average of 200 gallons per employee per day.
8 5 60 Provide "model" This measure is addressed by existing and proposed ordinance provisions. Section
standards for the layout ~7 of the draft NSA Ordinance includes 14 design objectives; at least 7 of which
and maintenance of describe necessary design elements.. Several sections of Article XIII (Recreational
conservation areas ~ Facilities aad Open Space) of:. the LUO address maintenance of open space
within new subdivisions. (Sections 15-199, 201). Restrictive covenants for developments with homeowners
associations responsible for maintaining common facilities (including open space)
are reviewed and approved by the Town Attorney prior to final plat approval.
9 5 61 Create conservation Section 3 of the draft NSA Ordinance establishes primary and secondary
overlay district. conservation areas and details the manner in which they must be preserved. The
Conditional Use Zoning .approval process will likely prevent non-residential
development from developing without regard for conservation areas that are not
• otherwise protected (stream buffers, floodways/plains).
10 5 62 Support statewide This measure describes how the Town might use TDRs to balance the preservation
enabling legislation to • of sensitive areas with the development of others in order for landowners to achieve
allow the transfer of a reasonable return on land that should not be developed. This measure does not
development rights. .involve any regulatory action at this time, as the primary means of implementing
• - this concept in the plan area is the net density/VMU tradeoff.
Carrboro PIanning Staff Response to OC Staff Comments -Plan Recommendations Not Reflected in NSA Ordinance ~ - Page 2 ,~
Revised - 04/13/99 ~ ~ cfl
O.C. NSA Plaa Comment/Content/ Response (NSA Ordinance Section Reference is underlined, if applicable)
Comment Section # Page # ~ Issue/Goal
i i 4 6l Actively pursue Boazd of Aldermen has forwarded a request for authority to establish inclusionary
enaction of legislation zoning to legislative delegation.
for inclusionary zoning.
12 5 } } } 63 Implement the. The Connector Roads Plan for the Northern Transition Study Area is included in
Connector Roads Plan the plan as an appendix and has been adopted by the Board of Aldermen as a policy
concept. document. The necessity of road connectivity is specified in existing and proposed
ordinance provisions. Section 15-54 of the LUO specifies that SUPS acid CUPs
must be issued unless the Board finds that they are not in conformity with "plans
officially adopted by the Board." Sections 15-214 and 217 specify required road.
connectivity. Section 5 of the draft NSA Ordinance includes a section on roads and
• streets that requires interconnected streets within a VMU~ and "connections to all
existing or proposed through streets or collectors outside the village proper where
13 5 63 Implement the Carrboro The Town adopted its Bikeways Plan in 1989 and all developments are subject to
Bikeways Plan dcmonstrating conformity with its provisions as noted above. Section 15-216 of
. ~ the existing LUO details roadway specifications, including bike lanes, for all
classes of streets. The sixth of the opening objectives of the NSA Ordinance notes
that the ordinance is proposed to achieve adopted...transportation...policies...."
. Design provisions in ection specify that one bike rack must be included on each
block in the storefront and townhouse. use areas.
14 5 64 Promote coordination Road, and associated required features, connectivity is required outright for all
between developers for roads in Carrboro's jurisdiction. Coordination between developers is promoted
the planning of bicycle, during the review of any proposed development.
. , . Pedestrian, transit, and .
automobile
routes..
i~ , . a as rroviae or increase Conditional use zoning process specified in Sections 4 and 8 provides broad
incentives for leverage to a governing board with regard to negotiating the acquisition or use of
developers to dedicate land or facilities for public purposes.
land or facilities for
public park and
Carrboro Planning Staff Response'to OC Staff Comments -Plan Recommendation's Not Reflected in NSA Ordinance Page 3 No
Revised - 04/13/99
O.C. NSA Plan Comment/Content/ Response (NSA Ordinance Section Reference is underlined, if applicable)
Comment Section # Page # Issue/Goal
' recreational use.
16 ' 6 65 Require conservation "See item 2 above. •
land to interconnect - -
17 6 J } ~ 65 Completing the loop - This item is best addressed through an amendment to the Parks and Recreation
extension of proposed master Plan, as this is the, document in which the proposed greenway system is
greenway trail link. detailed.. However, this connection will require dedication of land (or easements)
• that is privately held and mostly developed.
18 6 65 Connect Homestead The bulk of the land in this segment is presently•not fully developed. The likely
Road at Lake Hogan greenway corridor coincides with mandatory conservation areas that will need to be
• Farms with the Bolin set aside as open space or preserved in some other fashion. It is anticipated that the
Creek Greenway. .greenway will be designed during the development review pmcess and that
associated•easements would be acquired following approval of any development.
19 ~ 6 65 .Subsidiary greenway Objective 13 in Section 17 describes the pedestriati circulation system, with
trails. particular emphasis on the need for roadside footpaths to connect to off-road trails,
• and the need for these trails to connect to open space on adiacent parcels.
further planning and/or development for the Horace Williams property is
design guidelines to of dra$ NSA Ordinance, VMU and O/A developments, affordable housing density
ensure that new units, and major residential subdivisions. Design guidelines for other aspects of
development is development are included in the VMU requirements. .
harmonious with the
attractive features of
existing development.
23 7 66 Develop a process .for Planning Department Procedures Manual. for Development Review process, per the
. dialogue between Board of Aldermen's policy, recommends that developers meet with neighbors
developers and existing early in design process.
residents.
24 9 66 Measures to preserve "Vistas along entranceways to the town" are included in secondary .conservation
Carrboro Planning Staff Response to OC Staff Continents -Plan Recommendations Not Reflected in NSA Ordinance Page 4 ~
• Revised -04/13/99 .
O.C. NSA Plan Comment/Content/ Response (NSA Ordinance Section Reference is underlined, if applicable)
Comment Section # Page # Issue/Goal
important vistas in the areas in Section 3. Proposed VMU drstncts must demonstrate compliance with the
Study Area should be .first objective of Section 4. "the preservation of open space, scenic vistas.:.." Road
explored and and street layouts, also included in ecti 4 must "secure the view to prominent
~ ~ ~ implemented. natural vistas." Objective 6 in eetion 1 states that preliminary plans must. "leave
scenic views 'and vistas unblocked or uninterrupted, particularly as seen from
public roadways." Section 21 requires • that undisturbed protective buffers
(combined in some ,places with screening requirements) must be maintained along
• most major roads in the Town's jurisdiction.
~... . vi i a+uaawauyiw~.tvauVU- aua c~t2LU1L711iAGUt ul LIIe ctrl aIIa aS30Claiea measures (UWA1A boundary, Urban
work with the county to services area concept) seem to have been the first steps in this direction, clearly
encourage the developed through joint efforts of the County and Town. Urban-level development
• preservation of active was proposed in the Transition Areas ~to balance out rural development (lower
farmland and to limit the density) in the rural buffer. Further steps in this direction will require additional
conversion of farmland work to develop a viable, multi-faceted farmland preservation program.
to developed uses
• outside of the Transition
- Areas, as a tradeoff for
accommodating new .
development within the
. Transition Areas. • ~ .
~' N
Carrboro Planning Staff Response to OC Staff Comments -Plan Recommendations Not Reflected is NSA Ordinance ~ "'
Revised - 04/13/99 ~ ~ Page S
23
MARCH 20, 1999 REPORT
Orange County Planning Staff Comments
CONSISTENCY
Between the Facilitated SmaII Area for Carrboro'a Northern Study Area and
Proposed Amendments to' the Carrboro Land IIse Ordinance
Section 2.6C of the Joint Planning Agreement requures that (w)henever Chapel
hill proposes to amend the tort of its Land Development Ordinance,'and whenever
Carrborn proposes to amend the tart of its Land Use Orduemice, the respecti ve towns
shall deliver a copy of flee frill text of the pr~vposed amendrneiet to Orange county not
later than thirty (30) days before the date of the pub&c hearing on any such
amendment The agreement further states that (u)nless Orange County files with the
respective towns a writtae objection on or before the date of the public teeming on the
Proposed ordnance amendrr~ent, then adoption of the amendment by the respective
town shall autoneatically ef,~ed a corresponding amendment to the applicable
ordnance adopted by reference by Orange County as provided in Sect:'on Z1 G Arty
such objection shall be based on a won by Orange County that the proposed
amendment is incoirsistent with the adopted Joint Planning Area Land Use Plan.
Proposed amendments to the Carrboro Land Use Ordinance (hereafter referred to
as the NSA Ordinance) to implement the recommmdatioa of the Facilitated Small Area
Play for Carrboro's Northern Study Area were received is the specified t~meframe. The
.amendments consist of 29 revisions or additions to the existing ordinance comprising 35
pages; some revisions are contained in one sentmce whereas others are multiple pages in
length, Additional attachments include vernacular architecon~al standards with
photographs and illustrations.
The approach to analyzing confon~ity of the 29 revisions with the adopted small
area Plan at this stage is brief The title or content of each section is listed below with a
brief assessment of its consistency or inconsistency with the adopted plan. The primary
intent is to identify areas needing further investigation. . ~.
Section 1. T Ste arhicle and section re,~iererrces core~ited in thfs o~rdirumce are to the
Carrboro Irnu~,l7se Gam.
Consistent '' Tnconsisteat _,_,Not Addressed ~ Not Applicable X
Comments:
Section 2. Residelaticl d'enslty of major' developments in certain districts
Consistent X Inconsistent _____Not Addressed Not Applicable
Comments: Formula for determining constrained leads needs to be same~in plan and
ordinance.
24
Section 3. Primary acrd secondary conservrition cress .~:
Consistent X Inconsistent „_,_ Not Addressed Not Applicable
Comments: .
Section 4.• Village-mixed use a~s7riict established ~ _ - .
Consistent X Inconsistent _,,,_,,,_Not Addressed ~ Not .Applicable _____
Comments:
Section 5. Yillaige mixed use dev~elopmerrt,~
Consistent X Inconsistent _____Not Addressed Not Applicable • .
Comments: This is the most. extensive and detailed section of the ordinance comprising
12 pages of text
Section 6. ResidentiSal densiity bomrses for a,,~fordable housing.
Consistent X Inconsistent Not Addressed Not Applicable
Comments: .
. ~ .,
Section 7. Add "Yillcrg+ell~ed ~Tse Development" to table of pertrriited rrsex
Consistent X+ Inconsistent Not Addressed Not Applicable
Comments: .
• Section 8. O/A CUO„~'ice/assernbly conditional use.
Consistent X Inconsistent Not Addressed Not Applicable
Comments: ~ '
Section 9. Add "O„~celAssembly Planned Developrnerrt " to table of permitted uses:
' Consistent X_ Inconsistent ~ Not Addressed Not Applicable
Comments:
r Section 10. Distinguishes between general rezoning and con~onal use rezoning.
Consistent .,_~ X Inconsistent Nat Addressed Not .Applicable
Comments:
Section 11. "Good Neighbor"performa~tce standr~ds - •
Consistent X,,,_ Inconsistent Not Addressed -Not Applicable
Comments: .
Section 12. -smoke, fumes, viarpors, gorses; and odors
Consistent,_~ Inconsistent Not Addressed - Not Applicable
Comments: Related to "Good Neighbor" perfo~nance standards. •
Section 13. Gmwrd water supply.
Consistent X Inconsistent Not Addressed Not Applicable
Comments: Related m "Good Neighbor" performance standards.
25
Section 14. Fxcess~ illumi»ation. ~;
Consistent X Inconsistent Not Addressed Not Applicable
Comments: Related to "Good Neighbor" perfornp~ace standards. .
Section 15. Outdoor i~ar~
Consistent X Inconsistent ~ Not Addressed Nat Applicable
Comments: Related to "Good Nei bor" performance standards.
Section 1C~~ Noise. ~ .
• Consistent _X Inconsistent Nat Addressed Not Applicable _____
Comments: Relaxed to "Good Neighbor" performance standards.
. Section 1?. Fite plcmningproceaha~es for rriajor subalvist
. Consistent X_ Inconsistent ~ 'Not ~Addressed~ Not Applicable
Comments:
Section 18. Stormwater manugemerc~ ~ '
Consistent Inconsistent Not Addressed X Not Applicable „_
Conimems: Nat addressed specifically, but can be inferred from statements on natural,
cultural, and scenic resource protection.
Section 19. Bu,~ers in northern transi#on mrea •
Consistent X_ inconsistent Not Addressed ~ Not Applicable
Comments:
Section 20. No clearcutting,
. Consisten Inconsistent _____Nat Addressed X Not Applicable
Comments: Not addressed specifically, but can be inferred from statements on natural,
cultural, and scenic resource protection.
Section 21. Protective bu,~er along major roods: _
Consistent Inconsistent Not Addressed X Not Applicable '
Comments: Not addressed specifically, but can be inferred from statements on natural,
cultural, and scenic resource protection. -
_.
Section 22. Deletion of "yYmtergreen Barberry" anal ".Iapamese Barberry, " .
Consistent Inconsistent ___,_Not Addressed Not Applicable_X
Comments: ~
...
Section Z3. List of Invacsive plant species:
Consistent _ Inconsistent _„_Not Addressed ~ Not Applicable X
Comments:
Section 24. Northern ?hansition.tlreaAdvisory Committee.
Consistent X Inconsisteat~_.~Not Addressed Not Applicable
Comments: ~ ..
26
• ~...
Section Z5. Reduction of up to 2S percent in parking regrdrement for YM(T or O/~4,
' Consistent __.__ Inconsistent _.__,_Not Addressed,,,_,X Not Applicable
- Comments: Nat.addressed specifically, but ca~a be inferred from statements on incentives
~ commercial end office businesses that locate is neo-traditioaal developments
Section 26. Ap~erulix J- noise g+~nerators
Consistent Inconsistent _____Not Addressed X Not Applicable. r
Comments: Relates to "Good Neighbor" performance standards.
Section 27. Architectural-suds for major subdivision.
Consistent _X Inconsistent _____Not Addressed Not Applicable
Comments:
.
Section 28..Provisions of any town ordinance in conflict with this ordiiraarce repeirled
- Consistent Inconsistent ______ Not Addressed Not Applicable X~
Comments:
Section 29. ?7iis ordinance e,~fectrve upon adoption
. Consistent Inconsistent ~ Not Addressed Not Applicable _~
Comments:
. _.
• _.
• -~
• ,~
z~
Orange County Planning Staff Comments ~ ••~
. Plan Recommendations mot R~ In Proposed Ordinance Amendment
Most recommendations in the Faalitated Small Area Plan for Carrboro's
Northern Study Area are contained in Section 5 (Implementation). However, Section I
('The Small Area Planning Process) and Section 4 ('The Recommended Small Area Plan)
also contain recommendations, some of which are not reflected dsewhere. The purpose
of this paper is m identify for further discussion, plea recommendations that were not
carried forward in ordinance language. Following, on a section-by-section basis is a
listing of recommendations that did not carry forward in the-proposed ordinance
amendmerrts: .
PaT '
•2. IlVIl'ROVED QUANTITYIQUALITY OF CONSERVATION LAND: Aim for a
higher percentage of conservation lands in the Study Area comprised of lands that
are not severely constrained by flooding, wetness or steepness. Accomplish this
by setting standards for conservation lands in addition to wetlands and steep
slopes, and by offering a range of densities with rise in relation to the percentage
of land which is to be conserved. ~ _
3. ~ REQUIRE CONSERVATION LA1~ID TO INTERCONNECT: Establish clgsign
standards for the open space in new• subdivisions so they will eventually coalesce
to create as interconnected network of protected lands as greenway corridors.
Pa-
FloatuigZones -Residential
Neighborhood Mixed Use: Following discussion of the village Mixed Use
(VMU) district, a district identified as Neighborhood Mixed Use is discussed.
Apparernly it was envisioned as a step down between the larger VMiJ and smaller
OfficeJAssembly (OJA) district. •.
~e 49 `;,,
• Figuro-4-2 ~lustrates a design called "Community Mixed Use." Thete• is no
additional description of this although it seems to fit the descaiption of'VMU.
-$ •
Measure 1.4 Attract devdopers who have successfully baflt mixed use and
clustered devdopments.
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Measure 1.5 Provide incentives to commercial and office businesses that locate :--
in neo-traditional developments.
Page 59
Measure 1.7 Prohibit land uses and activities which would use large quantities of
water.
~8~4
Measure 1.1'1 Provide "model" standards for the layout and maintenance of
conservation areas within new subdivisions.
Page 61
* Measure 3.2 Create Conservation overlay district.
$.a~.§~
** Measure 3.4 Support statewide enabling legislation to allow the transfer of
~. ~ development rights.
Measure 4.1 Actively pursue enaction of legislation for inclusionary zoning.
•
Measure 5.1 Impleme~ the Comiector Roads Plan. concept.
Measure 5.2 Implement the Carrboro Bdceways Plan. ,
P4
'• Measure 5.5 Promote coordination between developers for the planning of .
bicycle, pedestrian, transit, and automobile transportation routes. .
~ .
. Measure 6.2 Provide or increase incentives for developers to dedicate land or
• facilities for public park and recreational usa
. * Measure 6.3 Require conservation land to iatierconnect.
_.
* ~ Meas~u~e 6.4 Completing the loop-extension of the proposed greenway trail
link. •
. .,.r
• Measure 6.5 Connect Homestead Road at Lake Hogan Farms with the Bolin
creek cmaaway.
* Measure 6.6 Subsidiary greemway trails -require developers of new• subdivisions
to lay out and construct neighborhood trails through their new developments
Measure 6.7 Horace Williams tzact.
' ~ -
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Measure 6.8 Experimental trails. .-~ .
' Pages
. Measure ?.2 Adopt tow~wide design guidelines to ensure that new development ' .
' is harmonious with the atractive features of adsting developmenrt.
, ~ Measure ?.3 Develop a process for dialogue between developers and existing '
residents.
- - Measure 9.1 Measures to preserve important vistas is the Study Area. should be
• ~ explored and implemented. .
. P
. ~ ** Measure 9.4 Farmland presanration work with the County to aacourage the
preservation of active farmland, and to limit the conversion of farmland to
• , developed uses outside the' Transition Areas, as a trado-off for accommodating
new development within the Tra~sitiOII Areas. .
f
* Conservation Corridor '
** Transfer of Development Rights
~t .
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TOWht OF CARRBORO
NORTH CAROLINA
30
~- -
L:..
STAFF' REPORT
TO:
FROM:
DATE:
suBJECT:
coPY:
BOARD OF ALDERMEI~1 • .
• PATRICiA ~. MCCtUIRE, Land Use Ptawier .
MARCH ~ b, y 999
1~ISA FACILITATED PLAN IMPLEMENTATION -REVISED DRAFT ORDINANCE
ROY W. WLLLIFORD, Planning Director
BACKGROUND
The policy document upon which this ordinance is based was developed over the course
of nearly seven years, and involved the participation of ,approximately 200. individuals in several
hvadred hours of meetings, open house sessions and arorkshops. The process culminated is the
acceptance of the facilitated plea, developed by consensus of workshop, participants, by the
Board of Aldesmm is the late summer of 1997 and the incorporation of the plea into the Joint
Planning Area-Land Use Plan by Orange County and Chapel Ill in early 1999.
The adopted amendanen#s to the J'PA documents retain the Transition Areas and require
Orange'Coimty and Carrboro to hold joint hearings to establish Village Mixed Use and Office
Assembly Conditional Use ?.ones is the. Transition Areas. Planning s~ of Orange County and
Carrboro is discussing a review pmcedtae associated with these joint rezonings that will
minirmize duplication of s~ff effort sad confusion on the part of applicants. • . .
Oa Decemi?er 16, 1998, th,e Board of•Aldermen bald a public hearing to receive broad
public comment an the substance of a proposed legislative zoning change -the adoption of "Aa
Ordinance Amending the Carrboro Land use Ordinance tD imjplemmt the Recommendations of
thz Facilitated Small Area Play for Carrboro's Northam Stxuiy Area." .
The orcknance to implemreat the lead use provisions of the plan was prepared by a
committee of citizens working with town staff Eighteen people offered that comments oa the
provisions of the~'draft rnrdiaaa~ce. Comments during tiu hearing can be categorized into t~lree
major areas: the effect of the ordiaancx on horsing affordability and design caugtivity, the need
io. balance emriro~nmmtal protection yvith adjusted or reduced density, and the need for $an'bility
in the designation of hardwood areas as.primary conservation areas. Following revisions to the
ordinance in January cad February, a revised NSA ordinance was refund to Carrboro advisory
boards and Oraa~e Comity. •.
31
• The 32 page dra$ ordinance includes 26 additions and revisions to the town's Land Use
Ordinance. These sections address eight major. issues identified in the plan: density, conservation
areas, ~ conditional use districts, aavironmental protection, mitigation of nom~esidential
development impacts, subdivision design in accordance with naturallsi$nificant features, design
guidelines, cad advisory board rgpresentation by Transition Area residents.
As has been noted is earlier analyses, the policy origin for nearly all of the work items
and ordinance comps 'can be clearly demonstrated. Ia a few cases, such as design
siaudards, the plan did not include specific design f or criteria. In theso instances, the
ordinazice drafting committee identified the design coax or provisions that are included in
the ordinance, examples of which were provided by planning consul#atit, Randall Arendt, during
the .facilitated meeting process.
Below, Table 1. presents'the policy origin: of NSA Ordinance provisions.
DtsCUSS-oN oi: NSA OttntwaNCt: - Rlrvtsrotvs Snvcir DEC~EMBat 16 P~tstac H~-turtc
Since the joint review meeting and public hearing, a number of changes to the draft have
been specified. These changes are listed is Table 2 below. lhu to the character of several
changes, and on the advice of the Town Attorney, the Board set a public hearing on the revised
TABLi ~ . POLICY ANALYSIS O~ NSA ORDINANCE ~ PROVISIONS
32
ordinance for March 23,1999. Howevar, the public heazag vvascontinued. . .
,W
. TABLE 2. CHANaE3 INCLUDED tN fEBRL~AR.Y 19, f 999 DRAFF COPY OF
• •• .PROPOSED NSA ORDINAi~ICE
. ~m Nom X9,1998 dra,~
. areas eat set aside as cmntnon open spacq to tho ~.
extent that.removal is necessary to accommodate
uses is these locxtioasa,
Lnnits VMU district to a of 350 acres and not
more than three villages. ~ .
];acreases the maximum space lltat can be occupied
by an indii-idual commercial enterprise ion a VMU
to b,000 square feet
Removes auto-re usos" from of uses
' prohibited in the VMU commercial area.. • .
:) Modifies oo-street P 8 Pro~~ in
commercial area so that permit issuing has
flexibility in evaluating how parking requirement
is met.
4) , Incroases ma7cimum distance from a lot to off-
street parkin on a separate lot from 60 to 100 feet..
1) Modifies coasttvctioa standard for bricdlc or brick
bordered sidewalks to indicate that they must not
impede accessib0ity.
~) Modifios ~ section to requu~e Appea~raace
Commission review but permit issuing authority
approval of exterior materials, windows and doors.
Modifies definition of affordable housing wait ~
includo rental waits and to ,specifiy that omits must '
remain. affordable for a period of not less than 100
8 15-136(1 lXb) Limits 0!A CU~dis~tcicts to a LDtal of Z5 acres.
• 8 15-136(11)(ex3) Changes text regarding aappropr~e windows in
buildings c~s>zvcted 0/As district from "of a type .
commonly used in" m "of a scale and proportion
• `~ ical of single famtiy residences.
18 15-263(ax2) `Modifies stmmwater provisions, as follows: allow
no stormwater related damage on upstream or '
. ~ downstream properties; .c~mge •the starmwater
design standard from aten-year sta~cm to a twaat~
five year storm; require that developers snbmnrt
st~cmenfs of "potential ~ aega#ve stormwa~bar
• effects" that, if accxp~:d without modification, w~71
not be regarded as stormwaxer related damages;
'. ~ and establish a two-year time during which
33
...
• -.
--.
-.
34
raw oFFZC~s
COLEMAN, GLEDHILL & HARGRAVE
A PAOFFSSiONAI, OORPOltA77pr1
129 S. TRYO3~1 S[AFBf
P.0. DRAWBA 1329
L10H, NORTH CARaAU 27276
919-732.2196
FAX 919.732.7997
March 30, 1999
Alice M. Gordon, Chair
Margaret W. Brown
Moses•Carey, Jr.
Stephen Halkiotis.
•Barry Jacobs
Orange County Board.
Post Office Box 8181
Hillsborough, North
of Comanissioners
Carolina 27278
FR01d THB DFXK OF
GEOFFREY E. OI.EDHQ I-
RE: Implementation of Recommendation of the Small Area
Plan for Carrboro~s Northers Study Area - Proposed
NSA Ordinance
Dear Board Members:
I have spent some time studying the.'Ordinance Amending the
Carrboro Land Use Ordinance to Implement the Recommendations of
the Facilitated Small Area Plan for Carrboro's Northern Study
Area, the so-called "NSA ordinance." This ordinance was formally
transmitted to Orange County on February 19, 1999. I have also
reviewed- the March 16, 1999 Carrboro staff report to the
Carrboro Board of Aldermen and the undated Orange County
Planning staff comments to you concerning consistency between
the NSA ordinance and the amended Joint Planning Area Land .Use
Plan. MY first observation is that I think that the Planning
staff did an excellent job in highlighting the consistency
issues.
The second observation that I have is that it is impossible
to make '~~Land Use Plan consistency review .with the information
transmitted to Orange County on February 19, 1999. This is
because the NSA ordinance is structured like. a_ piece of
legislation, containing section numbers which are not in
themselves part of the Carrboro Land Use Ordinance. Each•section
amends one or more of the sections of the Carrboro Land Use
Ordinance by reference to the ordinance sections amended.
Therefore, without having the Carrboro Land. Use .Ordinance in
35
Orange County Board of Coamnissioners
Page 2
March 30, 1999
front of you when reviewing the NSA ordinance, it is not
possible to capture the full sense and impact of the NSA
ordinance. Those of you who want to read the NSA ordinance and
draw your own conclusions about it will need.. the existing
Carrboro Land Use Ordinance to do so.
My review focused principally on "big picture" issues. I
noted several editing ideas that I will share with the County
Planning Director for communication to his Carrboro counterpart.
However, there is one "big picture" point that .I want to make-at
this time.
'Section 4 of the NSA ordinance adds a section to the
Carrboro Land Use Ordinance establishing village mixed use
districts and providing the process for the creation of a
village mixed use district. As you know, the village mixed use
districts can be created anywhere in the NSA and will require
both a legislative decision to create the zoning district and a
conditional use permit decision. In other words, these districts.
will be conditional use zoning districts. However, Section 4 of
the NSA ordinance introduces a concept that had not previously
been discussed by the Board of County Commissioners. That
concept is "master planning." Under the master plan concept the
Board of Aldermen will consider concurrently the rezoning
application and the master. plan proposal. At that point the
legislative decision making is completed. Thereafter, a master
.planned village proposal goes through the conditional. use permit
process. However, itappears from the way the ordinance is
drafted that the conditional use permit process will- be wholly
administrative, not concurrent with the legislative rezoning
process and presumably will not involve the Orange County Board
of Commissioners.
In sumrtiary, the NSA ordinance permits someone applying with
a village mixed use proposal to follow one of two paths. The
first path would be to file a rezoning application and
simultaneously file a conditional use permit application for the
village mixed use development. In that case, the rezoning
application and the conditional use permit application would be
reviewed _concurrently by the Board of Aldermen and by the Orange
County Commissioners and would include a joint public hearing on
both applications. The second path the developer could follow
would be to submit an application for the rezoning of the
property and an application for a master plan proposal. In that
case, the rezoning application and the master plan application
would be reviewed concurrently by the Board of Aldermen and by
the Orange County Commissioners and would include a joint public
hearing involving the Board of County Comanissioners and the
Board of Aldermen. The difference in the two paths is .
36
Orange County Board of Commissioners
Page 3 ,.
March 30, 1999
significant. The master plan path takes Orange. County out of the
conditional use permit process. The conditional use permit path
involves Orange County in the conditional use permit process.
The master plan approach may not be consistent with the
Board's view about its role in the village mixed use conditional
use. districts. You'll recall that the Joint Planning Agreement
was amended to provide for a ~ joint public hearing for
conditional use zoning applications and to provide that no
village mixed use conditional use and no office. assembly
conditional use= zoning classifications can be made until an
ordinance. approving the zoning map .amendment has been approved
by Orange County. I think the Board envisioned that the
administrative special use permit process and decision would be
coupled with the legislative zoning process and decision in all
cases and both would be part of the joint public hearing. The
master plan concept clearly separates, in time and in
responsibility, the legislative rezoning process from the
administrative special use permit process.
HARGP.AVE, P . C .
11
GEG/lsg
xe:~ Craig Benedict
John M. Link,
Jr.
n~documents/bdofcom27.ltr.
_~
-~
' The office assembly conditional use district process in the NSA ordinance
does not include a master plan concept.
Very truly yours,
1 The following ordinance was introduced by Alderman and duly seconded by Alderman .
2
3 AN ORDINANCE AMENDING THE CARRBORO LAND U5E ORDINANCE TO IMPLEMENT
4 THE REC011~IlVIENDATIONS OF THE FACILITATED SMALL AREA PLAN FOR
5 . CARRBORO'S NORTHERN STUDY AREA
6
7 WHEREAS, an August 19, 1997, the Board of Aldermen unanimously accepted the modified plan
8 for the Northern Study Area produced by a facilitated planning conference held on April 19 and May 31,
9 1997; and
10
11 WHEREAS, the Small Area Plan Ordinance Drafting Committee appointed by the Boazd of
12 Aldermen has recommended a series of ordinance amendments to implement the recommendation_ s of the
13 plan; and
14
15 WHEREAS, the amendments proposed liy the committee are intended to achieve the following
16 .objectives:
17
18 ~ 1. To conserve open land, including those azeas containing unique and sensitive natural
19 features such, as woodlands, steep slopes, streams, floodplains and wetlands, by
20 setting them aside from development;
21
22 2. To provide greater design flexibility and efficiency in the siting of services and
23 infrastructure, including the opportunity to reduce length of roads, utility runs, and the
24 amount of paving required for residential development;
25
26 ~ 3. To reduce erosion and sedimentation by the retention of existing vegetation, and the
27 minim»atlon of development on steep slopes;
28
29 4. To provide for a diversity 'of lot sizes, building densities, and housing choices to
30 accommodate a variety of age and income groups, and residential preferences, so that
31 the community's population diversity maybe restored and enhanced;
32
33 5. To implement adopted policies. to conserve a variety of irreplaceable and
34 environmentally sensitive resource lands as set forth in the Town's Land Use
3 5 Ordinance including provisions for reasonable incentives to create an interconnected
36 and continuous greenway system for the benefit of present and future residents;
37
38 6. To implement adopted land use, transportation, and community policies, as identified
39 in the Town's Land Use Ordinance; ~ " .
40 - -
41 7. To protect areas with productive agricultural -soils for continued or firture agricultural
42 use for specialty crops or other intensive, small-scale operations;
43
44 8. To create neighborhoods with direct visual access to open land, with amenities in the
45 form of neighborhood open space, and with a strong neighborhood identity;
46
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1 9. To provide for the conservation and maintenance of open land to achieve the above-
2 mentioned goals and for active or passive recreational use by residents;
3
4 10. To provide multiple options for landowners in order to minimi~.e ~p~ on
5 ~ environmental resources (sensitive lands such as wetlands, floodplain, and steep
6 slopes) and disturbance of natural or cultural features (such as mature woodlands,
7 hedgerows and tree lines);
8
9 11. To provide standards reflecting the varying circumstances and interests of individual
10 landowners, and the individual characteristics of their properties;
11
12 12. To conserve scenic views and elements of the area's chazacter, and to minimize
13 perceived density, by minimizing views of new development from existing roads; and
14
15 13. To preserve Carrboro's unique architectural sense of place and in new construction
16 maintain a close and strong visual reference to the existing architectural vernaculaz
17 specific to Carrboro and its surroundings.
18
19 NOW THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CAYtRBORO
20 ORDAINS:
21
22 SECTION 1. The article and section references contained in this ordinance are to the Carrboro Land
23 Use Ordinance.
24
25 SECTION 2. Article XII is amended by adding a new Section 15-182.3 to read as follows:
26
27 Section 15-182.3 Residential Density of Major Developments in Certain Districts.
28
29 (a) Notwithstanding the provisions of Section 15-182, when any tract of land within the R 10, R
30 15, R 20, and RR districts is developed under circumstances requiring the issuance of a special or
31 conditional use permit, the maximum number of dwelling units that may placed on that tract shall be
32 determined in accordance with the provisions of this section.
33
34 (b) If the development is to be served by OWASA owned water and sewer lines, then the
35 maximum number of dwelling units for any type of residential development other than an azchitecturally
36 integrated subdivision shall be determined by dividing the adjusted tract acreage (calculated in accordance
37 with the provisions of subsection (c) below) by the "minimum square feet per dwelling unit" associated with
38 the zoning district of the property to be developed as set forth in Section 15-182. If the development is an
39 architecturally integrated subdivision, then the maximum density shall be determined by dividing 85% of the
40 adjusted tract acreage by the "minimum square feet per dwelling unit" associated with the zoning district of
41 the property.
42
43 (c) The adjusted tract acreage shall be calculated by deducting from the gross acreage of the tract
44 the sum total of each of the following areas that may be located within the tract in question. If an azea within
45 the tract qualifies under more than one of the following categories, then that area shall be included only
46 within the one category that involves the most restrictive (i.e. the greatest) deduction.
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(1) Floodways: multiply the area within a floodway by a factor of 1.0.
(2) Wetlands: multiply the area of designated wetlands by a factor of 0.95.
(3) Major Rock Formations: multiply the area of major rock formations by a factor of
0.90.
(4) Steep Slopes: multiply the area of land with natural ground slopes exceeding 25
percent by a factor of 0.80.
(5) Land traversed by high-tension electrical transmission lines (69kv or higher):
multiply the area within the power easement by a factor of 0.75.
(6) Floodplains: multiply the 100-year floodplain by a factor of 0.5.
('~ Moderately steep slopes: multiply the area with natural ground slopes of between 15
and 25 percent by a factor of 0.4. .. ,
(8) Land traversed by underground utility .lines (not within a street right of way):
multiply the area within the easement (or if no easement exists, the area within ten
feet on either side of the line) by a factor of 0.3.
(d) If the development is not to be served by OWASA owned water and sewer lines, then the
maximum number of dwelling units shall be deternuned in reference to -an actual yield plan prepared by the
developer in accordance with the provisions of this subsection. The yield plan shall be a conceptual layout
of a single family residential subdivision (containing proposed lots that meet the minimum lot size
requirements of the .district where the property is located, streets, easements, and other pertinent features)
that could be developed within the tract in question in accordance with the provisions of this chapter.
Although the yield plan must be drawn to scale, it need not reflect any great degree of site engineering.
However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to
be implemented, taking into account the topography of the land and natural constraints, existing easements
and encumbrances, and the applicable provisions of this chapter, particularly those relating to open space,
recreational facilities, and street rights of way. ]:n addition, the yield plan shall be prepared under the
assumption that each lot will be served with an individual septic tank located on the same lot as the house it
serves. The applicant shall submit evidence (in the form of a preliminary soils evaluation from Orange
County or comparable information from a qualified source) .that there appears to be sufficient suitable soil
within each of the .proposed lots to support a septic tank system serving at least athree-bedroom house.
When a yield plan meeting the requirements of this subsection has been submitted, the zoning administrator
shall confum this in a letter to the developer, which letter shall indicate the maximum number of dwelling
units that can be developed on the tract in accordance with this subsection.
SECTION 3. Section 15-198 is amended by making the following changes:
(a) Subsection 15-198(b) is amended by adding two new subsections as follows:
+~~...»i ; ~~..:t.» Yitri.i» :~di d' ~ :~ ~ $ 7 ^ sue' : r ,. A`'~~ ~ ~ ~~~ `i, r'I""t' ~°"^".W"
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(4) The term "primary conservation areas" shall mean:
a. Areas containing slopes greater than 25%
b. Hazdwood areas identified on the Carrboro Natural Constraints Map
c. Wetlands as defined pursuant to Section 404 of the Clean Water Act
d. Floodplains
e. With respect to streams designated on the adopted Stream Classification Map
of Carrboro, those areas within an average perpendicular distance of sixty feet
from the edge of the floodway of the stream, if the floodway is designated on
the "Flood Boundary and Flood Map" prepazed by the U.S. Department of
Housing and Urban Development, or sixty feet from the centerline of the
stream where the floodway is not designated on this map.
f. Lakes and ponds;
(5) The term "secondary conservation areas" shall mean:
a. Areas containing slopes greater than 15% but not more than 25%;
b. Wooded areas other than hazdwood areas identified on the Carrboro Natural
Constraints Map;
c. Vistas along entranceways to the town;
d. Other areas containing unusual natural features (such as major rock
formations); -
f. Other environmentally, historically or azchaeblogically significant or unique
areas.
(b) The first line of subsection 15-198(d) is amended by changing the phrase "50 lots" to " 25
lots". Subdivision (3) of this same subsection is also amended by adding thereto the following new
sentence: "The play fields required by this subsection shall be located such that 90% of the lots or dwelling
units within any development that is required to install such play field are within 1,500 feet of a play field
installed to meet the requirements of this subsection, unless .the developer demonstrates by cleaz and
convincing evidence that adherence to this requirement would not be feasible."
(c) Subsections 15-198(e) and (f) are repealed. Subsection 15-198(f) shall be shown as
"Reserved," and a new subsection 15-198(e) shall provide as follows:
(e) Subject to subsection (g), if a tract where a residential development is
proposed contains any of the areas defined above as primary conservation azeas, then such
»....» .............».....»......».................._..._....._.._.........._........__..._.............. Page 4 of 3S ..................._.....-....-..........-.-.....-._..-.....-......_............._.........................
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(d)
(g) A developer shall not be required to set aside as open space under the
provisions of subsections (d) and (e) more than the minimum required
percentage of open space set forth in subsection (c). If the sum total of open
space otherwise required under the provisions of subsections (d) and (e)
exceeds forty percent of the development tract (twenty percent in the R-2
district), then the pernut issuing authority shall allow the developer to set
aside a smaller area of open space under subsections (d). and (e), individually
or collectively, so that the developer is not required to preserve as open space
more than forty percent of the development tract (twenty percent in the R 2
district). However, if areas that constitute primary conservation azeas have
not been set aside as open space, then the development plans shall otherwise
provide for the preservation of such areas even though they may be located
within privately owned lots (e.g. by ~ specifying buildable areas within
individual lots). Notwithstanding the foregoing, hardwood areas identified on
the Carrboro Natural Constraints Map that are not set aside as common open
space shall be preserved except to the extent that removal of such hazdwood
trees is necessary to accommodate the permitted uses created out of land not
set aside as common open space.
(e)
(~
SECTION 4. Article IX, Part I, is amended by adding a new Section 15-141.2 to read as follows:
Section 15-141.2 Village Mixed Use District Established
(a) There is hereby established a Village Mixed Use (VMtT) district. This district is established
to provide for the development of rural new villages at a scale intended to continue Carrboro's small town
character as described in its Year 2000 Task Force Report and to promote a traditional concept of villages.
areas shall be designated as open space.
Subsection 15-198(8) is amended to read as follows:
Subsection 15-198(h) is amended to read:
(h) If the area of open space required to be preserved under subsections (d) and
(e) does not exceed forty percent (40%) of the area of the development tract (20% in the R-2
district), then the permit issuing authority may require that the developer set aside from
among the areas that constitute secondary conservation areas as defined above an amount of
open space -equal to the difference between the amount of open space preserved under
subsections (d) and (e) and forty percent (40%) of the .development tract (20% in the R-2
district).
Subsection 15-198(b)(3) is amended by adding a new subsection "c" to read as follows:
(c) Areas used for the growing of crops, such as hay, corn, or vegetables, if and to
the extent that such uses occur within an area. that is subject to the control of a homeowners
association and such uses are. approved by the homeowners association.
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The applicant for rezoning to this district must demonstrate that its planning, .design and development will
achieve, but not necessarily be limited to, all of the following specific objectives:
1. The preservation of open space, scenic vistas, agricultural lands and natural resources
within the Town of Carrboro and its planning jurisdiction and to minimise the
potential for conflict between such areas and other land uses;
2. The creation of a distinct physical settlement surrounded by a protected landscape of
generally open Land used for agricultural, forest, recreational and environmental
protection purposes. .
3. Dwellings, shops, and workplaces generally located in close proximity to each other,
the scale of which accommodates and promotes pedestrian travel for trips within the
village. .
4. Modestly sized buildings fronting on, and aligned with, streets in a disciplined
manner.
5. A generally rectilinear pattern of streets, alleys and blocks reflecting the street
network in existing small villages which provides for a balanced mix of pedestrians
and automobiles.
6. Squares greens, landscaped streets and pazks woven into street and block patterns to
provide space for social activity, parks and visual enjoyment.
7. Provision of buildings for civic assembly or for other common purposes that act as
visual landmazks and symbols of identity within the community.
8. A recognizable, functionally diverse, but visually unified village focused on a village
.green or square.
9. Development of a size and scale, which accommodates and promotes pedestrian
travel rather than motor vehicle trips within the village.
10. Compliance with the policies embodied in this chapter for the development of a
village mixed use..
(b) The VMU district shall be a conditional use district authorized under N.C.G.S. 160A-382.
As such, property may be placed within this district only in response to a petition by the owners of all the
property to be included.
(c) As indicated in the Table of Permissible Uses, the only permissible use within a VMtJ district
is a village mixed use development, and a village mixed use development is only permissible within a VMU
district.
(d) Properly may be rezoned to the VMiJ district only when the property proposed for such
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rezoning:
(1) Comprises at least fifty, but not more than two hundred, contiguous acres. For
purposes of this subsection, acreage is~not "contiguous" to other acreage if separated
by a public street or connected only at a point less than one hundred feet in width; and
(2) Is so located in relationship to existing or proposed public .streets that traffic
generated by .the development of the tract proposed for rezoning can be
accommodated without endangering the public health, safety, or welfare; and
(3) Will be served by OWASA water and sewer lines when developed;
(e) No more than 350 gross acres may be rezoned to the VMU district and no more than three
villages may be approved.
(f) Nothing in this section is intended to limit the discretion of the board of aldermen to deny an
application to rezone property to a VM[J district if it determines that the proposed rezoning is
not in the public interest
(g) When a VMU rezoning application is submitted (in accordance with Article XX of this
ordinance}, the applicant shall simultaneously submit either (i) a conditional use permit application for a
village mixed use development in accordance with the provisions of Section 15-176.1 of this chapter, or (ii)
an application for approval of a master plan for the proposed village mixed use development, in accordance
with the following provisions.
(1) The master plan shall show, through a combination of graphic means and text
(including without limitation proposed conditions to be included in the conditional
use permit for the proposed development):
a. The location, types, and densities of residential uses;
b. The location, types, and maximum floor areas and impervious surface azeas
for non residential uses;
c. The location and orientation of buildings, pazlang azeas, recreational facilities,
and open spaces;
d. Access and circulation systems for vehicles and pedestrians;
e. How the development proposes to satisfy the objectives of and comply with
.the regulations applicable to a village mixed use development as set forth in
Section 15-176.1 of this chapter;
f. How the development proposes to minimizE or mitigate any adverse impacts
on neighboring properties and the environment, including without limitation
impacts from traffic and stormwater runoff; and
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1
2 g. How the development proposes to comply with the town's "Village Mixed
3 ~ Use and Affordable Housing Vernaculaz Architectural Standards."
4
5 (2) The planning boazd, Northern Transition Advisory Committee, Appearance
6 Commission, Environmental Advisory Board, Transportation Advisory Board (and
7 other advisory boards to which the board of aldermen may refer the application) shall
8 ~ review the proposed master plan or conditional use pen~nit application at the same
9 time it considers the applicant's rezoning request. In response to suggestions made
10 by the planning boazd (or other advisory boazds), the applicant may revise the master
11 plan or conditional use permit application before it is submitted to the Boazd of
12 aldermen.
13
14 (3) If the applicant submits a proposed master plan (rather than a conditional use permit
15 .application) with the VMU rezoning application, then:
16
17 a. The rezoning application and master .plan proposal shall be reviewed
18 concurrently by the board of aldermen according to the same procedures and
19 in .accordance with the same standazds applicable to other zoning
20 ~ amendments; and
21
22 b. The Boazd may not, approve the VMU rezoning application unless it
23 simultaneously approves the master plan for the development of the property,
24 subject to such reasonable modifications and conditions as the Boazd may
25 impose in the exercise of its legislative discretion.
26
27 (4) If the applicant submits a conditional use permit application (rather than a proposed
28 master plan) with the VMU rezoning application, then:
29
30 a. The rezoning application and conditional use permit application shall be
31 reviewed concurrently by the Boazd of aldermen according to the same
32 procedures and in accordance with the same standards applicable to other
33 conditional use permit applications; and
34
35 b. The Boazd may not approve the VMU rezoning application unless it
36 simultaneously approves the conditional use permit application for the
37 development of the property, which conditional use permit may be approved
38 subject to reasonable conditions and requirements as set forth in Section 15-
39 59.
40
41 (5) If a VMU rezoning application is approved , with a master plan (rather than a
42 conditional use permit), approval of the master plan under this section does not
43 obviate the need to obtain a conditional use permit for the village mixed use
44 development in accordance with the provisions of Section 15-176.1 of this chapter.
45
46 a. In addition to other grounds for denial of a conditional use permit application
................................................................................................_....-.................~~e.8.o f3S.......... ......................................._..............................................................
1 under this chapter, a conditional use permit for a village mixed use
2 development may be denied on the basis that the application is inconsistent
3 with the approved master plan. However, if the conditional use permit is
4 approved, the board of aldermen shall be deemed to have amended the master
5 plan to bring it into conformity with the conditional use pemut.
6
7 b. No conditional use permit fora village neighborhood mixed use development
8 may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for
9 such denial involves an element or effect of the development that has
10 previously been specifically addressed and approved in the master plan
11 approval process, unless (i) it can be demonstrated that the information
12 presented to the boazd of aldermen at the master plan approval. stage was
13 materially false or misleading, (ii) conditions have changed substantially in a
14 -- manner that could not reasonably have been anticipated, or (iii) a basis for
15 denial for reasons set forth in Subsection 15-54(c)(4) is demonstrated by clear
16 and convincing evidence.
17
18 (6) Subject to Subsection 15-141.2(fl(5), a master plan approved under this section may
19 . only, be amended in accordance with the provisions applicable to a rezoning of the
20 properly in question.
21
22 SEC17ON 5. Article XI, Part II is amended by adding a new Section 15-176.2 to read as follows:
23
24 Section 15-176.2 Village Mixed Use Developments
25
26 (a) In a village -mixed use development, a maximum of ten percent of the total gross acreage of
27 the tract, or five acres, whichever is less, may be used for purposes permissible in the B-3T or OA districts,
28 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in
29 the remaining provisions of this Section, the Master Plan, or the conditional use permit that authorizes the
30 development in question.
31
32 (1) Within the portion of the tract developed for commercial purposes, the regulations
33 (other than use regulations, which aze governed by the provisions immediately above)
34 applicable to property zoned B-3T shall apply except as otherwise provided in this
3 5 section or as otherwise allowed by the board of aldermen in the .approval of the
3 6 Master Plan or conditional use permit for the development.
37
38 (2) The commercial portions of the village mixed use development shall be contained
39 within a "storefront use area." This area shall be designed to provide a variety of
40 retail shops and services to support the day-to-day needs of village residents and other
41 local residents, complemented by other compatible business, civic and residential
42 uses in commercial-type buildings in a manner consistent with a small downtown of
43 or central market place in the community.
44
45 (3) Storefront use areas shall be located so they aze easily accessible by pedestrians from
46 as much of the residential areas as possible (preferably within 1,500 feet - a five-
gage 9 of 3S .....-.....
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1 minute walk). Nonresidential uses that are intended or expected to serve an area
2 beyond the development itself shall be located to the extent practicable to permit
3 vehicular access from outside the development without passing through residential
4 streets.
5
6 (4) Storefront use areas shall be located at least 200 feet from an arterial street and at least
7 one-half mile from the nearest edge of another commercial center.
8
9 ~ (5) Pazking areas that serve commercial facilities shall be screened with a Type A screen
10 from the view of public streets located outside the development.
11
12 (6) If and to the extent that dwelling units are constructed above .commercial uses in
13 commercial azeas, the additional vehicle accommodation area required to
14 , accommodate such residential uses shall not be treated as commercial azea for
15 purposes of the "cap" on commercial areas established by this section.
16
17 (7) .Commercial areas shall surround or be located adjacent to or across the street from a
18 public pazk, green, or squaze, which area may be credited as part of the open space
19 required of the development.
20
21 (8) Within the commercial areas authorized under this section, buildings shall be
22 designed and constructed so that each individual enterprise occupies (whether as
23 tenant or owner occupant) an area of not more than 6,000 square feet per floor.
24
25 (b) Portions of the tract not developed in accordance with the provisions of subsection (a) above
26 may be developed in accordance with the provisions of this chapter applicable to property that is zoned R
27 10, except as those provisions are modified by the provisions of this section or the Master Plan or conditions
28 imposed by the boazd of aldermen in the issuance of the conditional use permit.
29
30 (1) The number of dwelling units permissible within the entire tract shall be determined
31 in accordance with the provisions of Section 15-182.3 (as adjusted by density bonuses
32 awarded for providing affordable housing under Section 15-182.4), subject to the
33 following:
34
35 a. Areas used for commercial purposes .shall not be subtracted from the adjusted
36 tract acreage before determining permissible density;
37
38 b. All dwelling units constructed above commercial uses in commercial areas
39 (e.g. a second story apartment located above a first floor retail store or office)
40 shall be permissible in addition to the number of dwelling units otherwise
41 authorized under this section.
42
43 (2) The residential portions of the development shall contain a mixture of housing types
44 that aze generally reflective of the housing types in Carrboro and ownership/rental
45 options so that the development provides housing opportunities for persons within as
46 broad a range of income levels as is feasible. Different housing types and price
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1 ranges shall be intermixed rather than segregated.
2
3 a. The development shall contain an area known as a. "townhouse .use azea.."
4 This area shall be designed to provide for a variety of housing opportunities,
5 including residential buildings such as townhouses and/or apartments in close
6 proximity to the storefront area, and to provide for the flexible use of such
7 buildings to accommodate compatible business and civic uses which
8 supplement the storefront area. The townhouse use area shall be a designated
9 geographic unit generally located along neighborhood streets and adjacent to
10 the storefront area. In approving a conditional use permit for a Village Mixed
11 ~ Use Development, the Board may approve the following uses not generally
12 authorized in an area zoned R-10, subject to such restrictions and conditions
13' relating to locations, use classifications, and other matters as the Board may
14 provide:
15 .
16 1. Personal or business services
17 2. Office
18 3. Private club .
19 4. Restaurant
20 5. Artist studio
21 6. A maximum of 4 guestrooms for lodging
22 7. Medical clinic or facility
23 8. Retail sales, if in conjunction and on the same lot as a home
24 occupation
25
26 b. The development shall also contain a "single-family detached residential use
27 area" designed to provide for single-family detached homes in a residential
28 neighborhood environment. In approving a conditional use permit for a
29 Village Mixed Use Development, the Board may approve the following uses
30 not generally authorized in a single family detached residential area zoned R-
31 10, subject to such restrictions and conditions relating to locations, use
32 classifications, and other matters as the Board may provide:
33
34 L Office, as an accessory use, or for not more than 2 full-time employee
3 5 equivalents.
36
3? (c) In addition to other applicable use regulations as provided above, lots within the following
38 areas may not be used for the purposes indicated below:
39
40 (1) Storefront use areal:
41
42 a. drive-in or through windows
43 b. uses requiring loading or unloading during non=daylight hours.
44 .
45 (d) In approving a conditional use permit for a village mixed use development, the board of
46 aldermen shall ensure, by approval of a condition, phasing schedule, or otherwise, that the nonresidential
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1 portions of the development are occupied only in accordance with a schedule that relates occupancy of such
2 nonresidential portions of the development to the completion of a specified percentage or specified. number
3 of phases or sections of the residential portions of the development. The purpose and intent of this provision
4 is to ensure that the approval process for a village mixed use development is not used, intentionally or
5 ~ unintentionally, to create nonresidential -uses in areas generally zoned for residential uses except as part of an
6 integrated and well-planned primarily residential development.
7
8 (e) The open space provided within a village mixed use development pursuant to Section 15-198
9 shall include areas known as "village conservancy use areas "and "greens, pazks, and squares."
10
11 (1) Conservancy use areas are areas designed to create a visual and physical distinction
12 between the development, the surrounding countryside, and any neighboring
13 developments.
14 ,
15 (2) Greens, pazks and squares are spatially defined and distributed open spaces within the
16 village mixed use development designed to serve a variety of outdoor leisure and
17 assembly needs of village residents and to enhance the form and appearance of the
18 ~ development.
19
20 (3) There shall be a main village green, which shall be centrally located in close
21 proximity to the storefront azea as described in subsection (a)(2). Other, .smaller
22 greens shall be dispersed throughout the remainder of the village center in such a way
23 that no lot is more than a walking distance of 1,320 feet from a green, square or pazk.
24 ~ The main village green shall be designed to a pedestrian scale and shall be no less
25 than 30,000 square feet in size, while the other, smaller greens, squares and pazks
26 shall be no Tess than 10,000 square feet in size.
27
28 (4) Open space areas set aside in accordance with this section may be used to satisfy the
29 forty percent requirement of subsection 15-198(c). If the areas the developer is
30 required to set aside as open space under Section. TS-198 together with the azeas
31 required to be set aside under this subsection exceed forty percent of the mixed use
32 development, then the boazd of aldermen shall allow the developer to set aside less
33 than the one or more of the categories of open space otherwise required under Section
34 i5-19$ or this subsection so that the developer is not required to preserve as open
35 space more than forty percent of the development tract.
36
37 (fl Village Mixed Use Developments shall meet the following objectives with regard to land use
38 arrangement and design criteria:
39
40 (1) Overall Form.
41
42 a. Open space should be designed to follow the natural features whenever
43 possible and to provide for an agricultural, forest and undeveloped character
~ ofthe land.
45
46 b. The core of the village shall be distinguished from the peripheral, contiguous
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open space by swell-defined "hard edge" of dwellings in contrast with the
open, lazgely agricultural, forest and undeveloped character of the open space.
c. The village should be sited so as to best preserve natural vistas and the
existing topography.
d. The village should be designed in a generally rectilineaz pattern of blocks and
interconnecting streets and alleys, defined by buildings, street furniture,
landscaping, pedestrian ways and sidewalks.
(2) Spatial Relationships of Various Use Areas and Open Space.
a. The common, peripheral open space shall. surround the village unless
explicitly modified upon a finding that unique topographical or other natural
features or preexisting boundary conditions require an alternative
arrangement.
b. Village storefront use and townhouse use areas shall be surrounded by the
residential use area or, where applicable, by a combination of residential and
civic use areas.
c. Higher density residential lots should be generally located between the
designated commercial area and lower density residential lots.
d. ~ The transition between uses shall be blended to avoid a distinct visual
segregation.
(3) Block Design
a. Blocks of a generally rectangulaz shape should be the-main organizing feature
of the village. While topography, existing vegetation, hydrology and design
intentions should influence block shape and size, the maximum length for a
block is to be four hundred and eighty (480) feet with an allowance for blocks
up to six hundred (600) feet when mid-block pedestrian paths or ways are
provided. No less than one eight-foot pedestrian alley or way must be
provided for every two-hundred (200) feet of road frontage in the storefront
use area.
b. The blocks of the village may be subdivided into lots, having frontage on a
street, whose generally rectangulaz shape should respond to environmental
factors, the proposed use and design intentions.
c. Village lots should minimise front and side yazds, garage aprons and
entrances and blank walls, and should generally have as narrow a width as is
practical to encourage pedestrian movement.
Page 13 of 35
1 d. Each block which includes storefront and nazrow frontage townhouse .lots
2 shall be designed to include an alley or small clusters of pazking, with service
3 access in the reaz. Blocks of wide frontage townhouse lots need not be
4 designed to include an alley and reaz pazking.
5
6 e. Similaz land use types shall generally front one another while dissimilaz land
7 use types shall generally abut along alleys or reaz pazking.
8
9 f. Lot layout, path and sidewalk design shall ensure pedestrian access to each
10 lot.
11
12 g. The build-up line specifies a cornice height that establishes the prominent
13 visual dimension of a building and defines its proportion in relation to the
14 street. It should vary, with no more than sixty (60) consecutive feet of the
15 build-up line having a similaz cornice or roofline, and be between one and two
16 and one-half stories in height. A two-story build-up line can range from 20 to
i 7 25 feet above average ground level.
18
19 ~ (4) Storefront and Townhouse use Area Design Components
20
21 a. New multi-family and commercial buildings in storefront and townhouse use
22 areas shall be subject to a maximum front setback (the "build-to" line) in
23 order to maintain a strong sense of streetscape. Such buildings shall generally
24 be of two-story construction (to the so-called "build-up" line) and shall be
25 designed in accordance with the design standazds of this chapter and any other
26 applicable standazds. To create a defined edge to the viliage's public space,
27 new multi-family or commercial buildings should conform to a consistent
28 setback from the street. Porches for multi-family or townhouse construction
29 can extend beyond the build-to line. In addition, building faces, as well as a
30 majority of the roof ridgelines should be parallel to the street.
31
32.
33 b. Maximum height regulations are 35 feet and two and a half stories.
34
35 c. .Minimum street frontage is 25 feet.
36
37 d. Setback regulations aze as follows: Front = no minimum required; maximum
38 is 15 feet; Reaz = 20 feet minimum; Side =Zero minimum lot lines are
39 allowed, except at block ends or adjacent to alleys or pedestrian walks as
40 required. under block design requirements.
41
42 e. Pazking within this area shall be subject to the other parking requirements of
43 this chapter as well as the following:
44
45 1. Non-residential o~ street parking shall generally be to the side or the
46 reaz, or located within internal pazking areas not visible -from the
gage 14 of 3S
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street.
2. The permit-issuing authority may allow on-street parking spaces along
the front property line (except where there are driveway cuts) to be
counted toward the minimum number of parking spaces required for
the use on that lot.
3. On-street parking space shall be designed as either parallel to the curb
on both sides'~of the street, or diagonal to the street on the storefront
side with landscaped breaks serving the pedestrian alleyways.
4. Off --street parking may be located within 100 feet (measured along a
publicly accessible route) from the lot containing the use to which the
pazking is accessory, if the lot containing the pazking is owned or
leased to the owner of the principal use, or if the lot containing the
pazking is dedicated to pazking for as long as the use to which it is
accessory shall continue, and it is owned by an entity capable of
assuring its maintenance as accessory pazking.
f. All public sidewalks and walkways shall:
L Be constructed of brick or concrete with brick borders in such a way
that they do not impede accessibility.
2~. Be no less than six feet in; and
3. Create a completely interconnected network of pedestrian walkways
throughout the storefront use and townhouse use areas.
g. All storefront and townhouse use areas shall contain the following:
1. At least one trash can. of approved design in each block;
2. Public benches of approved design at bus stops, green spaces, and at
intervals of no greater than s0 feet on each block; and
3. At least one bike rack on each block.
h. All new construction shall be of similar scale and massing to small-scale,
historic buildings in downtown Carrboro.
i. All roofs shall be topped with low-pitched roofs with articulated parapets and
cornices, or pitched roofs where fascias are emphasized and any roof dormers
aze functional.
Storefront buildings shall:
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1. Include show windows on the ground level. Storefront windows are
to be large and traditional in appearance .and are to include low sills
and high lintels.
2. Articulate the line between the ground and upper levels with a cornice,
canopy, balcony, arcade, or other visual device.
3. Include lighting in show windows, which is in conformance with other
lighting regulations, herein;
4. Project lighting on the sidewalk from about eight feet in conformance
with other lighting regulations herein;
5. Present the principal entrance to the sidewalk. Alternatively, if the
principle entrance faces onto an interior courtyazd, the entrance to the
courtyard must be presented to the sidewalk.
k. The facade of storefront buildings may be separated from the sidewalk surface
by a landscaped strip of no greater than three feet, except as necessary to
accommodate open-air, food service establishments.
1. The construction of open colonnades over a sidewalk adjoining storefront
buildings may be permitted subject to an appropriate easement over the public
right-of--way.
m. Materials in the exterior of buildings surrounding the greens shall be limited
to a diversity of brick textures and colors, with wood being subject to the
review of the Appearance Commission and the approval of the permit-issuing
authority. Awnings are encouraged. Commercial grade windows and doors
shall be used, with wood encouraged and other materials being subject to the
review of the Appearance Commission and the approval of the permit-issuing
authority.
n. All signage shall:
1. Be affixed to building facade, canopy, or arcade;
2. Be located within the first story limit;
3. Be visible to both pedestrians and drivers;
4. Contain visual street numbers for each building; and
5. Utilize lighting conforming to applicable regulations.
...................................................._.....-..............................»..__.-..............-.`Page 16 of 35 .-....--........-......-......-....-..--...-......-.......-..-.-.....-..........................»....
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o. Storefront buildings shall have at least 60 percent of their front facade parallel
to the street.
p. The principal entrance shall be from the front sidewalk.
q.. Storefront buildings fronting on the same street and located on the same block
shall be attached, except as necessary to accommodate pedestrian ways.
r. The street treescape shall require:
1. The planting of species which branch above 8 feet to facilitate viewing
of storefronts and signage.
2. The planting of trees every 30 feet to 50 feet depending on size so as
to create a regulaz pattern of street trees through the area.
(5) Residential uses within the single family detached residential use area shall conform
to the following requirements:
a. Lots shall generally be located along local streets and around the perimeter of
the combined storefront and townhouse areas and between those azeas and the
village conservancy district.
b. The minimum lot width at the building line shall be 40 feet; .
c. Variations in the principal building position and orientation shall be
encouraged, but the following minimum standards shall be observed: Front
yard: 15 feet minimum (but 8 feet to front porches -or steps) and 25 feet
maximum; Reaz yard: 30 feet minimum for principal buildings -and 5 feet for
accessory buildings; Side yazd: 20-foot separation for principal buildings,
with no side yazd less than 5 feet.
d. The maximum impervious coverage shall be 50 percent on each lot.
e. The maximum height of buildings shall be 35 feet.
f. Residential structures shall be designed to reflect Carrboro's vernaculaz
building tradition in accordance with the design standards described in
Section 15-141.2 of this chapter.
g. Accessory dwelling units shall be architecturally integrated as follows:
1. Accessory dwellings or outbuildings shall be designed to harmonize
with the Carrboro vernaculaz architecture described above.
2. There shall be a maximum of one accessory dwelling unit (ADin per
............_ ................_..........................._....._.»...»..........».».............»....».»... gage 17 of 35.......».».».».»......»..».»».....»»........»»..»..........................»_......... . .
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lot of less than ten (10) acres.
3. The gross floor area in the ADU shall not exceed 900 square feet.
4. Exterior fire-exit stairs are prohibited on any side of ADUs except at
their rear.
5. All off-street parking for ADUs shall be located to the side or rear and
shall be visually screened, from adjoining properties and from all
streets.
(6) Roads and Streets.
a. Street patterns within. the village mixed use shall be a rectilinear network of
streets, interconnected with clear, direct, understandable patterns, with
variations as needed for topographic and environment and other valid design
consideration.
b. Streets shall be designed generally to:
1. Parallel and preserve existing fence lines, tree lines, hedgerows and
stone walls.
2. inimi~p alteration of natural site features.
~. Secure the view to prominent natural vistas.
4. Minimize the area devoted to vehicle travel:
5. Promote pedestrian movement so that it is generally more convenient
to walk short distances than to drive.
6. Be aligned so that the "terminal vista" is of open space features, either
man-made (greens, commons), natural (meadows, large trees in
distance), or a community structure of significance.
c. With the exception of loop roads, all neighborhood and local streets shall
terminate at other streets within the village proper and shall provide
connections to existing or proposed through streets or collectors outside the
village proper where practical. Loop roads, as defined in this chapter, are
specifically allowed.
d. Sidewalks shall be provided as required in Article XIV of this chapter.
e. Sidewalk widths shall be at least six feet in retaiUcommercial areas, and at
least five feet in residential, as well as townhouse, areas.
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f. A plan for sidewalks and footpaths shall be designed to connect all houses
with any of the village's greens and parks.
(~ Pazking.
a, Off-street pazking lots and areas shall generally be located at the reaz of
buildings.
b. No off-street parking shall be permitted in the front yazds of buildings located
in the storefront or townhouse use areas, nor shall off street parking be the
principal use of corner lots in these areas.
c. Any off street parking space or pazking lot in a storefront, townhouse, or civic
azea which abuts a street right-of-way shall be buffered from the right-of-way
by a landscaped area no less than 4 feet wide in which is located a continuous
raw of shrubs no less than 3 1/2 feet high, or by a wall no less than 4 feet and
no more than 6 feet high.
d. Off street parking in the storefront and narrow frontage townhouse areas shall
generally be accessible from an alley only.
(8) Landscaping
a. The applicant shall submit a comprehensive landscape master plan for all
areas of the village, and village conservancy areas, identifying the location
and size of both existing vegetation to be retained and proposed new
vegetation, typical planting materials, the phasing of landscape installation
and planting methods.
b. ~ Shade trees shall be provided along each side of all streets, public or private,
existing or proposed. Shade trees shall also be massed at critical points, such
as at focal points along a curve in the roadway. In locations where healthy
and mature shade trees currently exist, the requirements or new trees may be
waived or modified.
c. Parking lots lazger than 19 spaces and/or 6,000 square feet in size shall have
internal landscaping as well as buffering landscaping on the edge of the lot.
d. Trees and other plants should be chosen with reference to the -list set forth in
Appendix E.
e. Trees and other public landscaping shall be protected by means of suitable
barriers.
f. The method and means for providing quality street trees and other community
gage 19 of 3S
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landscaping such as in village greens, pazks, and squares shall be addressed.
g. The developer shall be required to post a suitable performance bond to ensure
. that any tree that dies within eighteen (18) months of planting shall be
replaced with the same species and size, and that any tree shall be well
maintained, i.e., irrigated and fertilized, for a total of thirty-six (36) months
from time of planting. If trees are removed, they shall be replaced with trees
of similaz size and function.
SECTION 6. Article XII is amended by adding a new Section 15-182.4 to read as follows:
Section 15-182.4 Residential Density Bonuses for Affordable Housing
(a) For purposes of this section, an affordable housing unit means a dwelling unit (i) that is
offered for sale at a price that does not exceed two and a half times an amount equal to eighty percent of
the annual median income level for a family of four in the Raleigh-Durham-Chapel Hill Metropolitan
Statistical Area or is offered for rent at a monthly rate that does not exceed an amount equal to 35 percent
of the monthly .median income level for a family of four in the Raleigh-Durham-Chapel Hill Metropolitan
Statistical Area, and (ii) with respect to which the developer has arranged for the affordable housing units
to remain affordable as descried herein for a period of not less than 100 yeazs, commencing from the date
of initial occupancy of the units, by including provisions to ensure such continued affordability in legally
binding agreements (including but not limited to a ground lease, a deed restriction or other covenant)
nuuiing with the unit, Such agreements shall be reviewed and approved by the Town of Cazrboro prior to
initial occupancy of the units. The units may not be occupied and the agreements may not be recorded or
filed until such agreements are reviewed and approved by the Town of Carrboro, and (iii) that conforms to
the town's "Village Mixed Use and Affordable-Housing Vernaculaz Architectural Standazds."
(b) The maximum residential density permissible within a development whose maximum density
would otherwise be determined in accordance with the provisions of subsection 15-182.3(b) shall be
increased by two dwelling units for every one affordable housing unit included within the development, up
to a maximum of 150% of the density otherwise allowable. To illustrate, if the maximum density of a tract
would be 100 dwelling units considering only the provisions of subsection 182.3(b), a developer who chose
to construct 10 affordable housing units as part of the development of that tract would be allowed to
construct 10 additional dwelling units that did not satisfy the "affordability" criteria set forth in subsection
(a), for a total density of 120 dwelling units. ]:n this illustration, the maximum possible density that could be
achieved would be 150 dwelling units if the developer constructed at least 25 affordable housing units.
(c) Within any development that provides affordable housing units, the minunum azea that must
be set aside as open space to satisfy the requirements of Section 15-198 may be reduced by an amount equal
to twice the land area. consumed by all such affordable housing units, subject to a maximum reduction of 10
percent in the amount of open space otherwise required.
(d) Affordable housing units constructed in accordance with this section shall be interspersed
throughout the development rather than isolated in one area and segregated from the other dwellings that do
not satisfy the "affordability" criteria set forth in subsection (a).
............
~Paga 20 of 3S
PQar-15-99 01:49P Town o'P' Carrboro 919 968 7737 P.04
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1 (c) In approving a special or conditional use permit for a development that proposes to utilise the
2 density bonus provi:~ions of this section, the pcimii issuing authority shall ensure, by approval oCa cartditton,
3 phasing schedule, or otherwise, that aiI'ordablc housing units are actually provided in accordance with the
4 provisions of this section. Without limiting the scnerality of the forebToing, the permit issuing authority may .
5 imposo a condition specifying that units" may -not be is5ucd until the carrespandinl; affordable housing units
6 arc constructed and,offered for said pr rent for an amount that is consistcat with the definition set forth in
7 subsxtion (a).
8
9 SgCnON 7. Section 15-146 rI'able of Permissible Uses} is amended by adding a new classific~tian
10 3Z.U00 entiUcd "Village Mixed l;Jse Development" and by adding the following languago across the tabla
11 opposite this use classification: "Permissible only in village Mixed Use Districts (see Section 15-141.2)
12 pursuant to a conditional use permit) "
13
14 SECTIp1~[ 8. Secticm 15-136 is amended by adding a new subsection (11} to road a.~ follows:
15
16 (11) O/A ,~ffice/Agsembly Coriditicmal Usc. This district is identical to tho O/A district and -.
17 shall be subject to all regulations applicable to the O/A district (iruluding but not limited to _
l g the pcrforniance standards set forth in Part 1 of Article X>] except as Follows:
19
20 a. This district shall be a conditional use district authari~ed under N.C..G.S. I60A-382,
21 As such, property may be placed within this district only in response to a petition by
~ the owners of all the property to be included.
2.3
24 b. No more than twenty-five (25) acrCS may be rc2oned to the O/A CU. .
25
2G
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28 c. As indicated in the '1 able a F Permissible t T.~es, the only pemissiblc use within an O/A
24 CU district is an o~iCe/~sembly platmed dcvclopmerit, and an affice/assembly
3Q planned development is perrnissiblc only in an OlA CIJ district.
31
32 1. The applicant for an afficelassanbly planned development conditional use
33 permit shall specify which of the use clas~~fications generally permissible
34 with an O/A district the applicant wants to make permissible within the .
3 g . proposed O/A CU district.
36
37 2. Once a conditional u.~e permit authorizing an officdassembly planned
38 development has boen issued, then individual tenants or occupants of the
39 spaces or properties eovercxi by the pcnmit may occupy ar use such individual
4p spaces or properties without nod for additional znning. special use, or
41 conditional use permits, sa long as such use or occ:upariey is cx~n-~istcnt with
42 the approved ecmditional rise permit yacluding limitations nn pemaissible use
43 classiricatians approved pursuant to subsection 1 above or other conditions or
44 limitations imposed as coaditicros pursuant to Section 15-59.
45
46 3. t7ses within the O/A CU district shall be limited to those whew loading and
mgt 21 of 3S
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unloading occurs during daylight.hours only.
d. When an O/A CU rezoning petition is submitted (in accordance with Article XX of
this chapter), the applicant shall simultaneously submit a conditional use permit
application for anoff ce/assembly planned development.
1. The rezoning and conditional use permit applications shall be processed and
reviewed concurrently.
2. The board of aldermen shall simultaneously conduct a public hearing on the
rezoning and conditional use permit applications, in accordance with the
procedures applicable to other conditional use permit applications.
3. If the Boazd concludes in the exercise of its legislative discretion that the
proposed rezoning would not be consistent with the public health, safety, or
welfare, it may deny the application in accordance with the same procedures
applicable to any ordinance amendment request
4. The Boazd may not approve the rezoning application unless it simultaneously
approves a conditional use permit for an office/assembly planned
development, which pemut may be issued subject to reasonable conditions
and requirements a set forth in Section 15-59.
e. Buildings within the O/A CU district shall comply with the following standazds:
Exterior walls shall be constructed of materials commonly used on the
exterior walls of single-family residences (such as brick, stone, wood or
.fabricated residential lap siding made of hardboard or vinyl).
2. The pitch of the roof shall have a minimum vertical rise of one foot for every
two feet of horizontal run.
3. Windows shall be of a scale and proportion typical of single-family
residences.
SECTION 9. Section 15-146 (Table of Permissible Uses) is amended by adding a new classification
33.000 entitled "Office/Assembly Planned Development" and by adding the following language across the
table opposite this use classifications: "Permissible only in Office/ Assembly Conditional Use Districts (see
Subsection 15-136(11) pursuant to a conditional use permit)."
SECTION 10. The first sentence of Subsection 15-325(1) is amended to read as follows: "Except
when ~ the request is to rezone property to a conditional use district, the Boazd shall not consider any
representations made by the petitioner that, if the change is granted, the rezoned property will be used for
only one of the possible range of uses permitted in the requested classification."
SECTION 11. The title of Part I of Article XI is amended to read "Non-Residential Performance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SPage 22 of 3S
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1 Standards," and Section 15-161 is rewritten to read as follows:
2
3 Section 15-161 "Good Neishbor" Performance Standards for Non-Residential Uses.
4
5 The provisions of this part are designed to provide performance standards by which applications for
6 non-residential development will be evaluated by the town and by which the actual performance of those
7 operations and uses will be monitored by the town for compliance. The purposes of these performance
8 standards are to protect the town in general, and abutting and neighboring landowners in pazticulaz, from any
9 potential negative impacts that new nonresidential uses may have on the physical environment and on the
10 quality of life currently enjoyed by the residents of Carrboro's planning jurisdiction.
11
12 SECTION 12. Section 15-162 is rewritten to read as follows:
13
14 Section 15-162 Smoke. Dust. Fumes, Vapors. Gases, and Odors.
15
16 (a) Emission of smoke, dust, dirt, fly ash, or other particulate matter, or of noxious, toxic or
17 corrosive fumes, vapors, or gases in such quantities as to be evident or perceptible at the property line of any
18 ~ lot on which a use is conducted, or which could be injurious to human health, animals, or vegetation, or
19 which could be detrimental to the enjoyment of adjoining or nearby properties, or which could soil or stain
20 ~ persons or property, at any point beyond the lot line of the commercial or industrial establishment creating
21 that emission shall be prohibited.
22
23 (b) No use shall be permitted to produce harmful, offensive, or bothersome odors, scents, or
24 aromas (such as, but not limited to, those produced by manufacturing processes, food preparation, food
25 processing, fish sales, rendering, fermentation processes,- decaying organic matter, and incinerators)
26 perceptible beyond the property line of the lot where such use is located either at ground level or any
27 habitable elevation.
28
29 (c} The location and vertical height of all exhaust fans, vents, chimneys, or any other sources
30 discharging or emitting smoke, fumes, .gases, vapors, odors, scents . or aromas shall be shown on the
31 application plans, with a description of the source materials.
32
33 SECI7ON 13. Section 15-165 (Odors) is repealed and replaced with a new Section 15-165 to read as
34 follows:
35
36 Section 15-165 Ground Water Sunuly.
37
38 (a) All outdoor storage facilities for fuel, chemical, or industrial wasters, and potentially harmful
39 raw materials, shall be located on impervious pavement, and shall be completely enclosed by an impervious
40 dike high enough to contain the total volume of liquid kept in the storage area, plus the accumulated rainfall
41 of a fifty (50) year storm. This requirement is intended to prevent harmful materials from spilling and
42 seeping into the ground, contaminating the groundwater.
43
44 (b) Non-corrosive storage tanks for heating oil and diesel fuel, not exceeding two hundred
45 seventy five (275) gallons in size, may be exempted from the requirements of this section provided that there
46 is no seasonal high water table within four (4) feet of the surface, and that rapidly permeable sandy soils are
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not present.
SECTION 14. Section 15-243 (Excessive Illumination) is rewritten to read as follows:
Section 15-243 Excessive Illumination.
(a) Outdoor lighting (not including sign lighting) shall be controlled in both height and intensity
as provided in this section.
(b) No development shall be "permitted to produce a strong light or reflection of that light beyond
its lot lines onto neighboring properties, or onto any street so as to impair the vision of the driver of any
vehicle upon such street.
(c) Light fixtures may not exceed fifteen (15) feet in height, and him n.~,;es shall be shielded or
configured to cast the light downward and to prevent light from shining beyond the lot lines into neighboring
properties or public ways. The permit issuing authority may by condition impose additional requirements as
necessary to prevent adverse impacts to adjoining properties and residents..
(d) Under no circumstances may the light level at the lot line exceed 0.2 foot-candles, measured
at ground level.
SECTION 15. Subsection A-6 (b)(15) is amended to read as follows: "Outdoor illumination with
lighting fixtures sufficiently identified to demonstrate compliance with Sections 15-242 and 15-243."
SECTION 16. Section 15-163 (Noise) is amended by adding the following two sentences at the end
of subsection (a): "Noises that exceed the levels set forth below shall be deemed annoying or disruptive.
Low frequency noises shall be considered annoying and disruptive if they exceed the decibel levels set forth
below when measured without using an A-weighted filter, or if such noises generate a perceptible vibration
within structures located beyond the boundaries referenced above."
SECTION 17. Section 15-50 is rewritten to read as follows:
Section 15-50 Site Planning Procedures for Major Subdivisions
(a) Before submitting an application for a conditional or special use permit for a major
subdivision, the applicant shall comply with the requirements of this section.
. (b) The applicant shall submit a site analysis plan drawn approximately to scale flinch = 100
feet) that contains the following information:
(1) The name and address of the developer;
(2) The proposed name and location of the subdivision
(3) The approximate total acreage of the proposed subdivision;
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1 (4) Topographic lines based on maps published by the U.S. Geological Survey; and
2
3 (5) The location of all primary and secondary conservation areas as defined in
4 subsections 15-198(b)(4) and (5).
5
6 (c) After the site analysis plan has been submitted, the planning staff shall schedule a mutuaIly
7 convenient date to walk the property with the applicant and the applicant's site designei. Designated
8 members of the Planning Boazd, Northern Transition Advisory Committee, Transportation Advisory Boazd,
9 and Appearance Commission, shall be notified of the- date and time of this "on-site walkabout." The purpose
10 of this visit is to familiarize town officials with the property's special features and to provide an informal
11 opportunity for an interchange of information as to the developer's plans and the town's requirements.
12
13 (d) .Prior to the submission of a conceptual preliminary plan as described in subsection (e), the
14 staff shall meet with the developer to discuss how the four-step approach to designing subdivisions described
15 below could be applied to the subject properly. This conference may be combined with the on-site
16 wallcabout.
17
18 (e) Following completion of the steps described in subsections (b), (c), and (d}, the developer
19 shall submit a conceptual preliminary plan of the proposed subdivision, prepared in accordance with the
20 four-step process described in subsection (f). This plan shall be a preliminarily engineered' sketch plan
21 drawn to illustrate initial thoughts about a conceptual layout for open space, house sites, and street
22 alignments. This is the stage where drawings are tentatively illustrated, before heavy engineering costs are
23 incurred in the design of any proposed subdivision layout. The planning staff shall review this plan and
24 provide comment to the developer on the overall pattern of streets, houselots, open space, and the treatment
25 of primary and secondary conservation azeas in light of the applicable requirements of this chapter.
26
27 (f) Each conceptual preliminary Plan shall be prepared using the following four-step design
28 process:
29
30 (1) During the first step, all primary and secondary conservation areas aze identified (and
31 shown on the site analysis plan described in subsection (b)).
32
33 (2) During the second step, potential .sites are tentatively located. House sites should
34 ~ generally be located not closer than 100 feet from primary conservation azeas and 50
3 5 feet from secondazy conservation areas.
36
37 (3} The third step consists of aligning proposed streets to provide vehicular access to each
38 house in the most reasonable and economical way. -When lots and access streets are
39 laid out, they shall be located in away that avoids or at least minimizes adverse
40 impacts on primary and secondary conservation areas. To the greatest extent
41 practicable, wetland crossings and streets traversing existing slopes over 1 S% shall be
42 strongly discouraged. Street connections shall comply with the provisions of Section
43 15-214.
44
45 (4) .The fourth step is to draw in the lot lines.
46
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1 (g) The conceptual preliminary~plan shall demonstrate that the proposed development will satisfy
2 the following objectives, as more particularly described in the remaining provisions of this chapter:
3
4 1. Protects and preserves all floodplains, wetlands, and steep slopes from clearing,
5 grading, filling, or construction (except as may be approved by the Town .for
6 essential infrastructure or active or passive recreation amenities).
7 2. Preserves and maintains mature woodlands, existing fields, pastures, meadows, and
8 orchards, and creates sufficient buffer areas to minimise conflicts .between
9 residential and agricultural uses.. For example, locating houselots and driveways
10 ~ within wooded areas is generally recommended, with two exceptions. The first
11 involves significant .wildlife .habitat or mature .woodlands which raise an equal or
12 greater preservation concern, ad described in # 5 and # 8 below. The second
13 involves predominantly agricultural azeas, where remnant tree groups provide the
14 only natural azeas for wildlife habitat.
15 3. If development must be located on open fields or pastures because of greater
16 constraints in all other parts of the site, dwellings should be sited on the least prime
17 . 'agricultural soils, or in locations at the far edge of a field, as seen from existing
18 ~ public roads. Other considerations include whether. the development will be
19 visually buffered from existing public roads, such as by a planting screen consisting
20 of a variety of indigenous native trees, shrubs and wildflowers (specifications for
21 which should be based upon a close examination of the distribution and frequency
22 of those species, found in a typical nearby roadside verge or hedgerow).
23 4. Maintains or creates an upland buffer of natural native species vegetation of at least
24 ~ 100 feet in depth adjacent to wetlands and surface waters, including creeks,
25 streams, springs, lakes and ponds.
26 5. Designs around existing hedgerows and treelines between fields or meadows.
27 ~ Minimizes impacts on lazge woodlands (greater than five acres), especially those
28 containing many mature trees or a significant wildlife habitat, or those not degraded
29 by invasive vines. Also, woodlands of any size on highly erodible soils with slopes
30 greater than 10 percent should be avoided. However, woodlands in poor condition
31 with limited management potential .can provide suitable location for residential
32 development. When any woodland is developed, great care shall be taken to design
33 all disturbed areas (for buildings, roads, yazds, septic disposal field, etc) in
34 locations where there are no lazge trees or obvious wildlife azeas, to the fullest
35 extent that is practicable. .
36 6. Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen
37 from public roadways. (For example, in open agrarian landscapes, a deep, "no-
38 build, no-plant" buffer is recommended along the public roadway where those
39 views or vistas are prominent or locally significant. In wooded azeas where the
40 sense of enclosure is a feature that should be maintained
a deep "no-build
no-cut"
41 ,
,
buffer should be respected, to preserve existing vegetation.
42 7. Avoids siting new construction on prominent hilltops or ridges, by taking
43 advantage of lower topographic features.
44 8. Protects wildlife habitat areas of special species listed as endangered, threatened, or
45 of special concern by the state or federal government
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9. Designs around and preserves sites of historic, archaeological, or cultural value, and
their environs, insofar as needed to safeguard the character of the feature, including
stone walls, spring houses, barn foundations, cellaz holes, earthworks, burial
grounds, etc.
10. Protects rural roadside character and improves public safety and vehicular carrying
capacity by avoiding development fronting onto existing public roads. Establishes
buffer zones along the scenic comdor of rural roads with historic buildings, stone
walls, hedgerows, etc.
11. Landscapes common areas (such as community greens), and both sides of new
streets with native specie shade trees and flowering shrubs .with high wildlife
conservation value.
12. Provides active recreational areas in suitable locations offering convenient access
by residents, and adequately screened from neazby houselots.
13. Includes a pedestrian circulation system designed to assure that pedestrians can
walk safely and easily on the site, between properties and activities or special
features within the neighborhood open space. system. All roadside footpaths should
connect with off-road trails, which in turn should link with potential open space on
adjoining undeveloped parcels (or with existing open space on adjoining developed
parcels, where applicable).
14. Provides open space that is reasonably contiguous, and whose configuration is in
accordance with the. guidelines contained in the Design and Management
Handbook for Preservation Areas, produced by the Natural Lands Trust. For
example, fragmentation of open space should be minimized so that these resource
areas are not divided into numerous small parcels located in various parts of the
development. To the greatest extent practicable, this land shall be designed as a
single block -with logical, straightforwazd boundaries. Long thin strips of
conservation land shall be avoided, unless the conservation feature is linear or
unless such configuration is necessary to connect with other streams or trails. The
open space shall generally abut existing or potential open space land on adjacent
pazcels, and shall be designed as part of larger, contiguous, and integrated
greenway systems, as per the policies in the Open Space and Recreation section of
the Town's Ordinance.
SECTION 18. Subsection 15-263(a)(2) is amended to read as follows:
36 (a) All developments shall be constructed and maintained so that they do not cause
37 stormwater-related damage to upstream or downstream properties as provided in the
38 remaining provisions of this section. Compliance with this standazd shall be determined in
39 reference to storm events up to the 100-yeaz storm for upstream properties and up to the
40 twenty-five yeaz storm for downstream properties. Effects on downstream drainage
41 facilities within street rights-of--way shall also be evaluated for storm events up to the
42 twenty-five yeaz storm.
43
44
45 1} To achieve this objective, the potential impacts on surface water quantity and
46 quality from all proposed developments requiring special use or conditional use
- ................._........................».....»....».......»..»..........................»......»».....» Page 27 of 3S».»..........»...............»......_»...._».»..................»......»..... »....»..
~~~~ f1 ~+OF t~OSE~ h~fiSA ~I~D`~~~A~~~'f;,
........ni u~3.....,3N .... ..ur.~.» :ra.. ..'~~.:..r:ititii. c.A. i:.. Y3: l,......arn..~..9~1t '.i. 5....N .....:.r..9.......iiS7si...a... i1$7'~,«41.i~«.. ..... ~ ^.. .`'~
..$r,...ls .r.. a.
1 permits shall be identified and evaluated by the developer and reviewed by the
2 town engineer, staff and the environmental advisory boazd. The developer shall
3 implement mitigation measures as are determined to be necessary by the town,
4 based upon the results of this evaluation, to prevent the predicted impacts.
5 Potential impacts to be evaluated may include, but are not limited to, backwater .
6 effects on upstream properties, increased volumes or rates of stormwater flow,
7 offsite sedimentation, erosion and/or ground-cover loss downstream, increased
8 scouring of any downstream streambed, lowered quality of water due to the
9 pollutants carried in runoff, or any damage that materially injures the value of
10 adjoining or abutting property. The azea of study is not limited to the property
11 being developed.
12
13 (2) Prior to consideration by the permit issuing boazd, the developer shall, through a
14 qualified professional, submit a statement specifically identifying and quantifying any
15 potential negative stormwater effects the proposed development may have on upstream
16 or downstream properties or water quality. The permit issuing authority may require
17 modifications to the stormwater control plans to achieve compliance with the
18 objectives of this section. If and to the extent that the Boazd does not require changes
19 to the sformwater control system to eliminate any potential negative effects, then such
20 negative effects shall not thereafter be regarded as "damage" for purposes of
21 subsequent enforcement of this section.
22
23 (3) Except as provided in subdivision (2) above, approval by the town of a developer's
24 stormwater control plans, and construction by the developer of the facilities as shown
25 in such plans, shall not relieve the developer of the responsibility of satisfying the "no
26 damage" standard set forth above. If at any time prior to two yeazs following the
27 issuance of a certificate of occupancy (for an unsubdivided development) or the
28 approval of a final plat (for a subdivision) the town determines that the stormwater
29 facilities planned to be installed or actually installed to meet the requirements of this
30 section aze inadequate, the town may require the submission of revised plans and the
31 installation of new, altered, or additional facilities to bring the development into
32 compliance. Prior to issuance of a certificate of occupancy or approval of a final plat,
33 the town may require the developer to post a performance bond or other sufficient
34 ~ surety to guarantee compliance with this section.
35
36 (4) Except as set forth in subdivision (3) above, this section shall impose no obligation on a
37 developer (or any successor to the developer) to modify or alter stormwater facilities
3 8 installed in accordance with approved plans or to construct new or additional facilities.
3 9 However, stormwater facilities shall be properly maintained so that they continue to
40 perform as they were designed to perfonm.~ All developments shall be constructed and
41 maintained so that they do not cause damage to other properties with their surface waters.
42
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I -* ~
Fix-; f~ r ~~~~ ~~~~ ~~.,~ ~~~~; ~ '~~~ Lit ~~~. ~ ~~ s'
........ u...'IF... ~ n....u:.i .,o..af . ......... .......tt .. ..Y...h:. uG it .....u....~..... n 1su.. Y.arF.n n,:e. . F..~..u .... .r ......... t„ ...... .tlt.....~it ..t.. .3'.....:drt..
1 SECTION 19. Article XVI is amended by adding a new Section 15-269 to read as follows:
2 .
3 Section 15-269 Buffers in Northern Transition Area
4
5 (a) .The Board finds that:
6 (1} Soil and pollutants carved overland, primarily from roads, trails and land
7 - disturbing activities, can be effectively .trapped by leaving a relatively
8 undisturbed strip of vegetation parallel and adjacent to the watercourse.
9 (2) Properly managed overland water flow can be directed into this buffer in a
10 manner that will reduce velocity and cause dispersion of the water. .
11 (3) Sediments and associated pollutants carried by the water will settle out as a
12 result of this slowing and dispersion process.
13 (b) For purposes of this section, the term "Northern Transition Area" shall mean the
14 Transition Area portion of the Carrboro Joint Development Area as identified in the
15 Joint Planning. Agreement.
16 (c) Development on lots within the Northern Transition Area shall, if any of the
17 watercourses identified below are located in whole or in part within the lots so
18 developed, contain a designated buffer area adjacent to such watercourses. The
19 buffer azea boundaries shall be demarcated by a line connectuxg the points on either
20 ~ side of the watercourse located as follows:
21
22 (1) Bolin Creek and Tributaries (permanent streams flowing into Bolin Creek)
23 as shown on the Northern Transition Area Stream Buffer Map on file in the
24 Carrboro Planning Department, which map is incorporated herein by
25 reference. Measure along a line running perpendicular to the edges of the
26 ~ floodplain (or if no floodplain has been demarcated, the center of the stream)
27 one hundred (100) feet from the edge of the floodplain (or if no floodplain has
28 been demarcated, from the edge of the water) plus an additional. distance
29 equal to
30
31 4 x slope x 100
32
33 where slope is expressed as a percentage derived from dividing by 100 the
34 rise of elevation between the floodplain boundary line (or if no floodplain has
35 been demarcated, the edge of the water) and a point one hundred (100) feet
36 from that point along the perpendicular line described above.
37 (2) Intermittent streams flowing into Bolin Creek and its tributaries as shown
38 on the Northern Transition Area Stream Buffer Map. Measure along a line
39 running perpendicular to and sixty (60) feet from the center of the
40 intermittent stream. -
.......» ..............................-.....................-....._.................................._............ Page 29 of 3S ......».._. .........».............»..».._.»..............».....................».........
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m:.a6h.zKraa~ ~ .:t:. ti:.. to s ........ ... .u..a ..1;. ..~.. ixtser ri ...t...... ....fi. .73 S a........ ...
1 (3) Minor intermittent streams as shown on the Northern Transition Area
2 Stream Buffer Map. Measure along a line running perpendiculaz to and
3 thirty (30) feet from the center of the minor intermittent stream.
4 (d) Subject to subsection (e), the existing natural vegetation in a buffer area designated
5 in accordance with this section shall not be disturbed in any way that would reduce
6 the buffer azea's effectiveness in achieving the objectives set forth in subsection (a).
7 In addition, buffer azeas from which the vegetative cover does not exist, has been
8 removed, or is inadequate shall be planted or otherwise provided with vegetative
9 cover or devices, sufficient to allow the buffer area to accomplish the objectives set
10 forth in subsection
11
12 (e) Notwithstanding the foregoing provisions, the permit issuing authority may
13 authorize the crossing of a designated buffer area by a street, bikeway, sidewalk,
14 water or sewer line or pump station under the circumstances specified in Subsection
15 15-184(g). In addition, the permit issuing authority may authorize sewer lines to be
16 constructed within buffer areas designated under this section under circumstances
17 -where such location is practicably unavoidable if the subject property is to be
18 served under the provisions of Section 15-238(c) and an alternate design would
19 result in greater damage to the environment, so long as such sewer line is located to
20 the extent practicable at least twenty-five feet from the edge of any stream bank.
21
22 .
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24 SECTION 20. Subsection 316(c) is deleted and the following subsection (c) is inserted in lieu
25 thereof
26
27 (c) There shall be no cleazcutting in any development within the Transition Area portion . .
28 of the Carrboro Joint Development Area as identified in the Joint Planning Agreement. The term
29 "clearcutting" shall refer to the large-scale, indiscriminate removal of trees, shrubs, and undergrowth
30 with the intention of preparing real property for nonagricultural purposes.
31
32 SECTION 21. Article XIX is amended by adding a new Section 15-312 to read as follows:
33
34 Section 15-312 Protective BufferSection 15-312 Protective Buffer Alon Major RoadsRoads
35
36 Notwithstanding the provisions of Section 15-308, an undisturbed protective buffer shall be
37 maintained. along Old N.C. 86, Dairyland Road, Union Grove Church Road, Homestead Road, Eubanks
38 Road and Smith Level Road south of Ray Road that will help preserve the scenic views and elements of this
39 area. This buffer shall be established by measuring along a line perpendiculaz to the right-of--way of these
40 roads .one hundred (100) feet. If the buffer area. does not provide the equivalent of a Type `A' screen, the
41 developer shall provide a Type `A' screen on the development's side of the buffer (one hundred (100) feet
42 .from the right-of-way).
43
44 SECTION 22. Appendix E is amended by deleting subsection E-10 (D)(9) ("Wintergreen
45 Bazberry'~ and subsection E-10 (F)(10) ("Japanese Bazberry'~.
..........................».........».»...».......»....»»....»....... ...»...».......».»........».»..Q'age 30 of 3S »..................»......-...............»...»..»....»»......................................................
" + ~r ~+A _
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SECTION 23. Appendix E is amended by adding a new Section E-17 to read as follows:
E-17 List of Invasive Plant Species
The following. plant species shall be prohibited when complying with the shading and landscaping
provisions of this chapter.
Akebia quinata
Acer ginnala
Ater platanoides
All Berberis species including
Berberis julianae
Berberis thunbergii
All Cotoneaster species including
Cotoneaster microphyllus
Cotoneaster horizontalis
Crataegus monogyna
Crataegus laevigata
All Cytisus scoparius
~Eleagnus angustifolia
Eleagnus umbellate
Euonymus alatus
Euonymus japonicas
Hedera helix
All Ligust<um species including
Ligushvm japonicum
Ligustrum lucidum
Ligustrum vulgare
Ligustrum sinense
Ligustrim x vicari
Lonicera maackii
Lonicera nitida
Lonicera tatazica
Miscanthus sinensis
Taxus cuspidate
Viburnum opulus
Vince major
Vince minor
Chocolate vine
Amur Maple
Norway Maple
Wintergreen Barberry
Japanese Barberry
Littleleaf Cotoneaster
Rockspray Cotoneaster
Singleseed Hawthorn
English Hawthorn
Scotch Broom
Russian Olive
Autumn Olive
Winged Euonoymus, Burning Bush
Japanese Euonymus
English Ivy
Japanese Privet
Waxleaf Privet
European Privet
Chinese Privet
Golden Vicary Privet
Bush Honeysuckle
Boxleaf Honeysuckle
Tatarian Honeysuckle
Eulalia, Maiden Grass
Japanese Yew
European Cranbenybush Viburnum
Large Periwinkle
Common Periwinkle
SECTION 24. Article III is amended by adding a new Section 15-27 to read as follows:
Section 15-27 Northern Transition Area Advisory Committee
(a) There shall be a Northem Transition Area Advisory Committee consisting of five
members, three appointed by the Orange County Boazd of Commissioners and two by the Board of
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...... vr~:.,~T*i..t...miv7ttiiiiivill 1hI~ CCu7.+:St':.cL... h'.Yt K Y.. i :. ~ , c ..4 ..? .........~ ~...na1~i'xr i .......a .......;,v ...iYSi~..n... t .....a..: x~e
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Aldermen. If the Boazd of Commissioners fails to make these appointments within ninety days after
receiving a resolution from the Boazd of Aldermen requesting that they be made, the Boazd of Aldermen
may make them. All members .shall be residents of the Northern Transition Area. For the purposes of this
section, the Northern Transition Area shall include those unannexed portions of the Northern Study Area.
The Northern Study Area is defined as follows:
The boundaries of this area are Carrboro's joint planning jurisdiction line to the north and
Carrboro's Town limits to the south. The Carrboro/Chapel Hill joint planning jurisdiction
line serves as-the boundary to the east. It begins north of Eubanks Road, follows Rogers
Road to Homestead, then proceeds southwest on Homestead road to High School Road
and finally turns south and east to the railroad right-of--way. A primary ridge. line serves
as the northwest boundary line just east of Union Grove Church Road down to Dairyland
Road, where the road serves as the boundary heading southeast until it intersects, and Old
NC 86 serves as the boundary then fuming southeast and running along Hillsborough
Road to Greensboro Street.
(b) Members of the committee shall be appointed for three yeaz staggered terms, but members
may continue to serve until their successors have been appointed. Initially the terms of all membership
seats on the committee shall expire on January 31, 2000. Thereafter, one county appointee and one town
appointee shall be appointed forthree-yeaz terms, one county appointee and one town appointee shall be
appointed for two-yeaz terms, and one county appointee shall be appointed for a term of one year. All
members shall thereafter be appointed for terms of three years but shall be limited to no more than two
consecutive three-yeaz terms.
(c) The same provisions that govern the removal of planning boazd members (Subsection 15-
21(e)) shall. apply to committee members.
(d) The committee shall establish a regulaz meeting schedule. Minutes shall be kept of all
meetings.
(e) A quorum for the committee shall consist of three members. A quorum is necessary for the
committee to take official action.
(f) All actions of the committee shall betaken by majority vote, a quorum being present.
(g) The committee shall designate one of its members to serve as chair and one member to serve
as vice-chair. These officers shall be selected annually at the committee's first regulaz meeting in February
and shall serve for terms of one yeaz unless their terms of appointment to the committee sooner expire.
Vacancies shall be filled for the unexpired terms only. The chair and vice-chair may take part in all
deliberations and vote on all issues.
(h) The committee shall have the following powers and duties:
(1) ~ Review zoning amendment requests and special and conditional use permit
applications for developments within the Northern Transition Area and make
Page 32 of 3S
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recommendations on the same to the board of adjustment or board of aldermen,
respectively.
(2) Initiate studies related to the special character of the Northern Study Area.
a) Inventory of areas of cultural, archaeological, or.historical significance.
b) Inventory of open space character and scenic qualities.
c) Inventory 'of agricultural uses
1. Land in Use Value
a. Horticultural
b. Agricultural
c. Timber
2. Farming as business
a Large field crops
b. Metro farms, specialty crops
d. Inventory of biological value
L Tree species diversity, exceptional tracts of forest land
2. Rare occurrences (i.e. Upland Depression Swamp)
3. Wildlife
a. Audubon annual bird count
b. Deer population
(3) Use the studies above as the basis of its development of, and recommendations for,
additional policies, objectives, goals, plans, ordinances, and administrative actions
that will preserve and enhance that special character, and relate to its growth.
(4) Develop and recommend to the Board of Aldermen policies, ordinances,
administrative procedures and other means for carrying out plans in an efficient and
coordinated manner.
(5) Track and review other studies and plans that will have an .impact on the Northern
Study Area -including those of the Chapel Hill Town Council, The Orange County
Board of County Commissioners and their appointed committees -and give feedback
to the originating governing body.
(6) Meet annually with the Carrboro Planning Board for a joint planning session.
(~ Submit regular reports to the Orange County Board of Commissioners
(8) Perform other duties as assigned by the Board of Aldermen.
SECTION 25. Article XVIII is amended by adding a sentence to Section 15-291(fj as follows:
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"In addition, the Board of Aldermen may authorize a reduction of up to 25 percent in the
pazlcing requirement when approving a Village Mixed Use Master Plan or Conditional Use
Permit or an Office/Assembly development Conditional Use Permit. Land necessary to meet
the full, presumptive, parking requirement must be identified during the plan approval.
process and must be reserved should the need for additional pazking arise in the future."
SECTION 26. Anew appendix (~ is added to the Land Use Ordinance. This appendix provides
examples ofnoise-generators.
SECTION 27. Anew section is added to Article XI, Supplementary Use Regulations, as follows:
Section 15-177 Architectural Standazds for Major Subdivisions
(a) The following standazds shall apply to all subdivisions of 5 or more units and shall pertain to
90% of the dwelling units in the subdivision.
(1) Porches shall span 80 percent of the front fagade.
(2) Roofs shall be as follows:
a. Main roof pitch -10/12 to 12/12
b. Lower roof pitches - 3/12 to 4/12
c. Roofs shall have a minimum overhang of sixteen (16) inches on all eaves and
gables.
(3) Clapboard or .shingle siding shall have a four and a half to five and ahalf--inch
exposure.
(4) Windows shall have a vertical to horizontal proportion of not less than two to one.
(5) Trim details -Columns, vents, gables, and other details should reflect details in the
"Village Mixed Use and Affordable Housing Vernaculaz Architectural Standazds."
(Section 15-141.2).
(6) Any chimney must be located within the body of the house.
(7) Garage doors shall be nine (9) feet wide or under. Door shall not face the street.
SECTION 28. All provisions of any town ordinance in conflict with this ordinance are hereby
repeals.
SECTION 29. This ordinance shall become effective upon adoption.
THE FOREGOING ORDINANCES HAVING BEEN SUBNIITTED TO A VOTE, RECEIVED THE FOLLOWING VOTE
AND WAS DULY ADOPTED THIS DAY OF , 1998.
AYES:
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NOES:
ABSENT/EXCUSED:
........._».......»............»........» ......................»..»».»..»..»........_................... Page 35 of 35 ..........».............................»...............................»............» ............
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APR 26 '99 04~30PM ITPID-IIGi4PG
I ~ ~ ~.~
P.1~4
~~ ~ y c.~~~ssi aNe`~s
~ Q ~.~5
ITPID-IIG~OPG
To: Orange County Commissioners
Re: Northern Transition Area Ordinance Changes
From: Kathy Kaufman, Ordinance Cornrnittee member
Dear Commissxoaers:
P.2~4
I ann a resident of the Northern Transition Area, and 1 have been actively involved in
discussions about the Small Axes Plan for several yeazs.l served as a member of the Steering
Committee that planned the May 1997 facilitated public meeting. I also served as a member of
the Ordinance Drafting Committee that was forrned to implement changes to the Smali Area Plan
after the facilitated public meeting_ I have participated in this process in good faith that the
expressed desires of participants in the facilitated meeting would be followed.
Now I find I cannot support the result. I feel very disappointed, after having invested in
and believed in this process, that I must write this letter to you. $ut the ordinance as it stands
does not represent the consensus that was reached at the facilitated meeting. Rather, the plan if
implemented goes far beyond our agreement. It represents an enormous increase in population
over current zoning levels - an increase that was not contemplated by the residents who
participated in the carefully planned public process. Expectations of all these people will be
dashed if you approve this new ordinance language, and they see the result. The rural character
of life that we treasure will be undone forever.
Number a~ad Size of 'Villages
As it stands, given the density allowed and the acreage potentially available for
development, a village mixed-use (VMU) development could have 800-1000 dwelling units,
according to the Carrboro Planning Department. For comparison, that is two to three times the
number of houses as Hogan Farm, on a tract comparable in size. In addition, the ordinance now
allows 3 such developments, where the participants in the facilitated meeting anticipated a
z~nauimum of two (one with commercial, one without, as indicated on the maps from the
meeting).
Here is the increase in buildout that results (these numbers aze from the Carrboro Planning Dept):
Presently there are 1531 dwelling units in the Northern Transition Area.
New Dwelling Units Allowed Maximum $uildout
Current Zoning 1074 2605
Zoning Under Proposed
Ordinance 5189 6720
APR 26 '99 04~31PM ITPID-IIG~OPG
P.3~4
Development on this scale was neither discussed nor anticipated by the participants in the
facilitated meeting. The yardstick in residents' minds was Hogan Farm., which many people had
felt was itself far too big, as you may recall.
I recommended during the development of the zone, and still strongly recommend to
place an upper limit vn the size - i.e. the number of dwelling units - pemtitted in each VMU, in
the range of about 200 to 300 units. This would be roughly equivalent to the eventual size of
Hogan Farm. And I recommend limiting the number of VMUs to two, as anticipated by the
residents of both Carrboro and the Northern Transition Area who participated in the facilitated
meeting.
Office/Assembly Acreage
I also note that the amount of offiee/assembly district acreage allowed is 3 or 4 times
greater than the total acreage of downtown Caaboro. While this appeared in the original Small
Area Plan, it was voted on but not approved by the participants in the facilitated meeting. It was
later added back in unilaterally by the Carrboro Board of Aldermen. Also, one of the suggestions
from the facilitated meeting which was not acted upon (as noted by the County Planning Dept.}
was the suggestion to encourage use of available commercial space in Carrboro before building
out in the Northern Transition Area_
For these reasons, I suggest allowing a much smaller amount of acreage to be potentially
rezoned to Office/Assembly. Even just five to ten acres would be equivalent to another
downtown Carrboro. Much more would inevitably result in the need to widen the roads and
would completely alter the character of the area,
Commissioners Role in Approviuag Develvpment
I believe that you, the Commissioners, need to keep control of the development process
through the conditional use permitting stage. You are the only elected officials who speak for
those of us who live in the Northern Transition Area, and the only ones who can be counted upon
to respond to our concerns. While they have been willing to let us speak, as a group the Carrboro
Board of Aldermen have never addressed our concerns.
I have heard recommendations made by Jef and other residents that emphasize how
important it is for you to review the development plans through the conditional use permitting
stage. I agree with and strongly endorse these recommendations.
Other issues
I note that that Carrboro Board of Aldermen has taken it upon itself to add in auto related
uses as an allowable commercial use in the VMU. I'm not sure I see the need for auto-related
uses in a village mixed-use neighborhood. Most people, I believe, buy gas near where they work
99 04~31PM ITPID-IIG~OPG
P.4~4
or shop, not where they live; and they have their can repaired near where they work. Try as the
Carrboro Aldermen might, they cannot affect people's behavior patterns. Most people moving
into the Northern Transition Area are going to work either in Chapel Hill, at t1NC, or in RTP;
and will continue to shop at Timberlyne.
Thank you very much for your sincere consideration of this issue.
®range ~outttp ~oarb of ~bucatior~
RANDY BRIDGES, SUPERINTENDENT
~irr~boroug~j, ,~~C 27278
BOARD MEMBERS
DELORES SIMPSON, CHAIR
SUSAN DOVENBARGER, VICE CHAIR
ROBERT H. GATEMAN
KEITH COOK
RICHARD KENNEDY
DAVID KOLBINSKY
BRENDA STEPHENS
HIGH SCHOOL SITE PROPOSAL
200 EAST KING STREET
HILLSBOROUGH, NC 27278
TELEPHONE: 919-732-8126
FAX: 919-732-8120
The Orange County Board of Education is excited about the possibility of locating our new high
school at the site we will discuss tonight. I have outlined the particulars we considered in
selecting this site. We would appreciate: your support in,the purchase of this land.
In September of 1997, the Boazd of County Commissioners convened a High School
Construction Standazds Task Force. This task force included two representatives from the Boazd
of Commissioners and two representatives. from each of the two School Boards. In developing
standards for future high school construction in Orange County, the task force used North
Cazolina Department of Public Instruction (DPn guidelines fora "typical high school"; space
profiles for East Chapel High School; and information developed by the Orange County Schools'
staff members.
Site Selection Indicators:
• ACREAGE -There should be a minimum of thirty (30) usable acres plus one usable acre per
each 100 average daily membership (students). Fora 1000 student high school this would
require a minimum of 40 acres. A suggested additional 10-15 acres could be added for
physical education fields, athletic complex/pazking, and the possibility for expanding the
student capacity of the school. The site we are recommending is approximately 64 acres.
• WATER/SEWER -The proposed site is located across the street from Grady A. Brown
Elementary School. This will provide us the opportunity to explore some instructional
benefits that could be shazed between the two schools. Also water/sewer issues are minimal
because they currently exist at Grady A. Brown. This should reduce cost in this area a great
deal.
• THE AVAIL,ABIL.TTY OF LAND - It has become increasingly difficult to locate sites for
schools because of the water/sewer concerns. We feel very fortunate to have located this site
that has the acreage to allow fora 1000-student school to be constructed, and have space for
potential growth in the future.
• COST - A budget amount of $600,000 was projected for the purchase of a site for the new
high school. As you aze awaze, we have an option with two landowners for just over that
amount. We feel this. price is outstanding as compazed to other sites we investigated.
• EXPANSION FROM 1000 STUDENTS TO 1500 STUDENTS - We have not gone into the
design philosophy of the building at this time. However, our construction consultant, Ray
DeBruhl, has demonstrated his ability to construct cost efficient schools that aze futuristic in
design. The possibility of building a high school that would lend itself to expansion in the
future, should the need arise, is entirely possible.
Several members of our staff will be available to answer questions should any of the
Commissioners need additional information. Thank you for your continued support.
05/04/99
/~-~-ach h,- a h.~" g
MEMORANDUM
TO:
FROM:
DATE:
RE:
JOHN M. LINK, JR, COUNTY MANAGER
ROD VISSER, ASST. COUNTY MANAGER
CRAIG N. BENEDICT, AICP, PLANNING DIRECTOR
APRIL 23,1999
NORTH ORANGE COUNTY ELEMENTARY SCHOOL
This memo serves as an update to information regazding the North Orange County K-5
Elementary School and potential adjacent pazk site. Since the memo of April 14, Ray
Debruhl, consultant for the school boazd, prepared an estimate of the additional cost
a) to develop the school site at the new `western shift' location
b) to grade, fill and stabilize soils on the potential 11.5 acre pazk site.
The costs of items a and b are approximately $150,000 (estimate attached). However, the
original idea was to determine a cost of item `a' only, which was consistent with Scenario
B of the April 14 memo. Staff will be asking Mr. Debruhl if an estimate can be prepazed
for `a' only.
The 11.5 acre site adjacent to the school was discussed with property owner Michael
Edwazds. He does not anticipate the need for the county to acquire by purchase the 11.5
acre pazcel. The potential park site and adjacent 13.28 acres of conservation/stream lands
could be part of an open space dedication requirement and in this potential case deeded to
the County.
If you have any questions please feel free to call my office.
G:\CRAIG\SCH4-23.DOC
~~~. ~, w .. u.~~~ ~.n~~. ... _.~.~:... :. - ~., . _w~ W . ~ .~~:d..;~:~,~.~~.~.;h~~:~~~~~~~
I't 1 K:~n+ly ficldges
i-!rt ~nl itay t)~E3ruhl
~a ~Itti-t "t-: /1~l~iitional Schcx~l Site Cost
i ~~\'I.1 : 1i+ri! Z!, 191
~t-iir i~~ll+~wing is my rough CStithlatC of the additional cast associated with shifting the t~riginal sChc+v!
•~~~~ •+•~ ~-++ ~c~•~t a~ E~ussibic in order to facilitate thtcollocation of rtt:rcationnl fields and tirht~ol facilities.
t t++-~~- ~~•,t++++:+a-.:u+• made without the bCnetit of der°led typographical survey Bata tc~ the esst ~iui w~-~t of
~i~+~ ++++~~+++ai I ~ a4rc scht~ul site and without the benefit of a new site design_
t 'i i nNGL' 'I'U ORIGINAL SITE DESI(}N ESTIMATED CnST
i •:.~t+rntlmg the western by-pass iS0 to 20Q feet S 25,000
s+, ihr west myuires additional load design, new
~~+i! hurin~~s, grading, sub-base preparation and
t,:+„+-,: ~+r :~ ~a i~. width roadway.
• /1ct~iiii~-nal tnpographio Survey of approximately 3,WU
It1:«rex tc~ the cast and 4 acres so the west of the
c,ri,~ina! s~h~xtl cite.
• Itr cle~:i~n the c~tiginal i $ acre site and prepare Z,Slx)
++~•~ ~+r:~cling plan fora 28 acre schoollrecrtHttion site
• r~~l~litivrta! u~ii h~rings _ 2,S0I1
• c •t+-:+rint< <,t' adciiriooal 14 acres (SZ,500 per acre} 25,C)t)(}
• .'1~l~liti<~nat grading far I0 acres b0,Q0U
• tirr+lin~t c~f.additional l0 acres (51.600 per acre) 1b,000
• t -riginai site drainage will need to be diverted b,{I(,x)
~i l~iJ~c+1 through the athletic Bald area
• itrl++c atin~± and extending the sanitary sewer line 4,01.)0
1
I.:m+l~~ liri.l~rx -2- Aptil2l, 19y9
• 'I'h~rc i. a .mall area (loss than one acre) of potential 6,C!(?C?
~~•r}tands in the area to be pte~arod for the athletic
! ic•!~}x. 1 t:~lkcd with the U. S. Corps of Eugirtoers aad
ttu:::matt area can be mitigated but wip require
~tK•~~+a1~c~i1 sttttipIing, vegetation mapping anc3 spocia{
.qtr plan inf~~rmatian ftrr approval of appropriate
1'r+lcral, cute and local ageneiat. T'he cost of any
~e•m~+val e~f unsatisfactory sail iu courted in the
~;r:ulin~ %QSt.
~r~-r, a~r>u~~a cosT slsaocxl
(~hi~ ~++a dcn:~ nat include any cost for the finiahin$ of the athletic tie{ds, nor the coat for Icncing,
~lutt~+i.t, „+~ ,+thcr ncc:csssry equiflment,
I ~~:-~~.: t:,il;te~l with Craig Benedict, pirector of the Cotutty Planning Department, and committed to
..~~+ri:-++~, t+-~cthcr tc~ carry aut the desire of both the Board of Education and the Cotmty Cutnmisaiancrx. {
~~•ill :+L•;„ w~-+k a+ n+inirni~c the cost of implementing this platR.
i r t ~:«~ hrovi.ic additional inforttnadon, please let me know.
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ORANGE COUNTY BOARD OF COMMISSIONERS
Meeting. Date: May 4,1999
Agenda Item 7a.
ADDENDUM TO THE
CARRBORO LAND USE ORDINANCE
SUBCOMMITTEE REPORT
The Board of County Commissioners may wish to consider the following subcommittee
recommendation;
The committee also recommends that only one Village Mixed
Use (VMU) district be under building construction as noted in
the following percentages until the next VMU can proceed for
buildu-g construction.
VMU Project Size % Complete Range of Acres Complete
before Next Project
50-100 acres 80 40-80
101-150 acres 70 70-105
151-200 acres 60 90-120
NOTE: This additional recommendation was brought to staff s attention as being part of
the subcommittee discussion.
This condition would create phasing of projects to spread the impacts of
potentially large scale projects over a period of time.
9. Administration recommends that a section of the Carrboro Land Use
Ordinance be reserved for Transfer of Development Rights.
Administration / ~~ ~~
Comprehensive Recommendation requests Carrboroasicorporate the aforesaid
recommendations into the text of land use ordinanand resubmit to County
Attorney and Planning Director for consistency review. Carrboro is to resubmit
revised ordinance by May 13,1999 so the. review and. consistency determination can
be made or a Board of County Commissioners meeting can be held if necessary.
g:\craig\addendum\5-4-99\dg
05/04/1999 11:41 9196443002 OR. CTY. PLANNING PAGE 02
ORANGE COUNTY BOARD O~ COMMISSIONERS
Meeting Date: May 4, 1999
Agenda Item 7a.
ADDENDUM 'I'O THE
CARRBORO L.A-.NLI USE ORDINANCE
SUBCOMMITTEE RE~OR.T
The Hoard of County Cornmissior~exs znay wish to consider the following subcommittee
recommendation;
The eo~on;~nuittee also recommends that anly one Village Mixed
Use (VMU) district be under building construction as noted in
tlae following percentages until tlae next VMU can proceed for
building construction.
VMU Project Size % Complete Range of Acres Complete
before Next Project
50-100 acres 80 40-80
101-150 acres 70 70-105
151-200 acres 60 90-120
NOTE: This additional recommendation was brought to staff s attention as being part of
the subeoxramittee discussion.
This condition would create phasing of projects to spread the impacts o£
potentially large scale projects over a period of time.
g:\craig\addendum15-4-99\dg
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2/19/1999 D~tAFT COPYDF PROPISED ~1SA ORDINANCE.
1 The following ordinance was introduced by Alderman and duly seconded by Alderman .
z
3 AN ORDINANCE AMENDING THE CARRBORO LAND USE ORDINANCE TO IMPLEMENT
4 THE RECOMMENDATIONS OF THE FACILITATED SMALL AREA PLAN FOR
5 CARRBORO'S NORTHERN STUDY AREA
6
7 WHEREAS, on August 19, 1997, the Board of Aldermen unanimously accepted the modified plan
8 for the Northern Study Area produced by a facilitated planning conference held on April 19 and May 31,
9 1997; and
10
11 WHEREAS, the Small Area Plan Ordinance Drafting Committee appointed by the Board of
12 Aldermen has recommended a series of ordinance amendments to implement the recommendations of the
13 plan; and
14
15 WHEREAS, the amendments proposed by the committee are intended to achieve the following
16 .objectives:
17
18 1. To conserve open land, including those areas containing unique and sensitive natural
19 features such as woodlands, steep slopes, .streams, floodplains and wetlands, by
20 setting them aside from development;
21
22 2. To provide greater design flexibility and efficiency in the siting of services and
23 infrastructure, including the opportunity to reduce length of roads, utility runs, and the
24 amount of paving required for residential development;
25
26 3. To reduce erosion and sedimentation by the retention of existing vegetation, and the
27 minimization of development on steep slopes;
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29 4. To provide for a diversity of lot sizes, building densities, and housing choices to
30 accommodate a variety of age and income groups, and residential preferences, so that
31 the community's population diversity may be restored and enhanced;
32
33 5. To implement adopted policies. to conserve a variety of irreplaceable and
34 environmentally sensitive resource lands as set forth in the Town's Land Use
35 Ordinance including provisions for reasonable incentives to create an interconnected
36 and continuous greenway system for the benefit of present and future residents;
37
38 6. To implement adopted land use, transportation, and community policies, as identified
39 in the Town's Land Use Ordinance;
40
41 7. To protect areas with productive agricultural soils for continued or future agricultural
42 use for specialty crops or other intensive, small-scale operations;
43
44 8. To create neighborhoods with direct visual access to open land, with amenities in the
45 form of neighborhood open space, and with a strong neighborhood identity;
46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 1 of 3S
2l t 911999 dRAFT COPY OF :PROPOSED NSA ORDINANCE
1 9. To provide for the conservation and maintenance of open land to achieve the above-
2 mentioned goals and for active or passive recreational use by residents;
3
4 10. To provide multiple options for landowners in order to mi_nimi~e impacts on
5 environmental resources (sensitive lands such as wetlands, floodplain, and steep
6 slopes) and disturbance of natural or cultural features (such as mature woodlands,
7 hedgerows and tree lines);
8
9 11. To provide standards reflecting the varying circumstances and interests of individual
10 landowners, and the individual characteristics of their properties;
11
12 12. To conserve scenic views and elements of the area's character, and to minunize
13 perceived density, by minimizing views of new development from existing roads; and
14
15 13. To preserve Carrboro's unique architectural sense of place and in new construction
16 maintain a close and strong visual reference to the existing architectural vernacular
17 specific to Carrboro and its surroundings.
18
19 NOW THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO
20 ORDAINS:
21
22 SECTION 1. The article and section references contained in this ordinance are to the Carrboro Land
23 Use Ordinance.
24
25 SECTION 2. Article XII is amended by adding a new Section 15-182.3 to read as follows:
26
27 Section 15-182.3 Residential Densi ~ of Major Developments in Certain Districts.
28
29 (a) Notwithstanding the provisions of Section 15-182, when any tract of land within the R-10, R-
30 15, R-20, and RR districts is developed under circumstances requiring the issuance of a special or
31 conditional use permit, the maximum number of dwelling units that may placed on that tract shall be
32 determined in accordance with the provisions of this section.
33
34 (b) If the development is to be served by OWASA owned water and sewer lines, then the
35 maximum number of dwelling units for any type of residential development other than an architecturally
36 integrated subdivision shall be determined by dividing the adjusted tract acreage (calculated in accordance
37 with the provisions of subsection (c) below) by the "minimum square feet per dwelling unit" associated with
38 the zoning district of the property to be developed as set forth in Section 15-182. If the development is an
39 architecturally integrated subdivision, then the maximum density shall be determined by dividing 85% of the
40 adjusted tract acreage by the "minimum square feet per dwelling unit" associated with the zoning district of
41 the property.
42
43 (c) The adjusted tract acreage shall be calculated by deducting from the gross acreage of the tract
44 the sum total of each of the following areas that maybe located within the tract in question. If an area within
45 the tract qualifies under more than one of the following categories, then that area shall be included only
46 within the one category that involves the most restrictive (i.e. the greatest) deduction.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 2 of 3S
2/19/1999 DRAFT COPY OF PROPOSED NSA ORDINANCE
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(1) Floodways: multiply the area within a floodway by a factor of 1.0.
(2) Wetlands: multiply the area of designated wetlands by a factor of 0.95.
(3) Major Rock Formations: multiply the area of major rock formations by a factor of
0.90.
(4) Steep Slopes: multiply the area of land with natural ground slopes exceeding 25
percent by a factor of 0.80.
(5) Land traversed by high-tension electrical transmission lines (69kv or higher):
multiply the area within the power easement by a factor of 0.75.
(6) Floodplains: multiply the 100-year floodplain by a factor of 0.5.
(7) Moderately steep slopes: multiply the area with natural ground slopes of between 15
and 25 percent by a factor of 0.4.
(8) Land traversed by underground utility lines (not within a street right of way):
multiply the area within the easement (or if no easement exists, the area within ten
feet on either side of the line) by a factor of 0.3.
(d) If the development is not to be served by OWASA owned water and sewer lines, then the
maximum number of dwelling units shall be determined in reference to an actual yield plan prepared by the
developer in accordance with the provisions of this- subsection. The yield plan shall be a conceptual layout
of a single family residential subdivision (containing proposed lots that meet the minimum lot size
requirements of the district where the property is located, streets, easements, and other pertinent features)
that could be developed within the tract in question in accordance with the provisions of this chapter.
Although the yield plan must be drawn to scale, it need not reflect any great. degree of site engineering.
However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to
be implemented, taking into account the topography of the land and natural constraints, existing easements
and encumbrances, and the applicable provisions of this chapter, particularly those relating to open space,
recreational facilities, and street rights of way. In addition, the yield plan shall be prepared under the
assumption that each lot will be served with an individual septic tank located on the same lot as the house it
serves. The applicant shall submit evidence (in the form of a preliminary soils evaluation from Orange
County or comparable information from a qualified source) that there appears to be sufficient suitable soil
within each of the proposed lots to support a septic tank system serving at least athree-bedroom house.
When a yield plan meeting the requirements of this subsection has been submitted, the zoning administrator
shall confirm this in a letter to the developer, which letter shall indicate the maximum number of dwelling
units that can be developed on the tract in accordance with this subsection.
SECr10N 3. Section 15-198 is amended by making the following changes:
(a) Subsection 15-198(b) is amended by adding two new subsections as follows:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4'age 3 of 35
2/19/1999 DRAFT COPY. OF PROPOSED NSA ORDINANCE
(4) The term "primary conservation areas" shall mean:
a. Areas containing slopes greater than 25%
b. Hardwood areas identified on the Carrboro Natural Constraints Map
c. Wetlands as defined pursuant to Section 404 of the Clean Water Act
d. Floodplains
e. With respect to streams designated on the adopted Stream Classification Map
of Carrboro, those areas within an average perpendicular distance of sixty feet
from the edge of the floodway of the stream, if the floodway is designated on
the "Flood Boundary and Flood Map" prepared by the U.S. Department of
Housing and Urban Development, or sixty feet from the centerline of the
stream where the floodway is not designated on this map.
f. Lakes and ponds;
(5) The term "secondary conservation areas" shall mean:
a. Areas containing slopes greater than 15% but not more than 25%;
b. Wooded areas other than hardwood areas identified on the Carrboro Natural
Constraints Map;
c. Vistas along entranceways to the town;
d. Other areas containing unusual natural features (such as major rock
formations);
f. Other environmentally, historically or archaeologically significant or unique
areas.
(b) The first line of subsection 15-198(d) is amended by changing the phrase "50 lots" to " 25
lots". Subdivision (3) of this same subsection is also amended by adding thereto the following new
sentence: "The play fields required by this subsection shall be located such that 90% of the lots or dwelling
units within any development that is required to install such play field are within 1,500 feet of a play field
installed to meet the requirements of this subsection, unless the developer demonstrates by clear and
convincing evidence that adherence to this requirement would not be feasible."
(c) Subsections 15-198(e) and (f) are repealed. Subsection 15-198(f) shall be shown as
"Reserved," and anew subsection 15-198(e) shall provide as follows:
(e) Subject to subsection (g), if a tract where a residential development is
proposed contains any of the areas defined above as primary conservation areas, then such
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wage 4 of 3S
2I19I1999 DRAFT COPY OF PROPOSED NSA ORDINANCE
.areas shall be designated as open space.
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(d) Subsection 15-198(g) is amended to read as follows:
(g) A developer shall not be required to set aside as open space under the
provisions of subsections (d) and (e) more than the minimum required
percentage of open space set forth in subsection (c). If the sum total of open
space otherwise required under the provisions of subsections (d) and (e)
exceeds forty percent of the development tract (twenty percent in the R-2
district), then the permit issuing authority -shall allow the developer to set
aside a smaller area of open space under subsections (d) and (e), individually
or collectively, so that the developer is not required to preserve as open space
more than forty percent of the development tract (twenty percent in the R-2
district). However, if areas that constitute primary conservation areas have
not been set aside as open space, then the development plans shall otherwise
provide for the preservation of such areas even though they may be located
within privately owned lots (e.g. by specifying buildable areas within
individual lots). Notwithstanding the foregoing, hardwood areas identified on
the Carrboro Natural Constraints Map that are not set aside as common open
space shall be preserved except to the extent that removal of such hardwood
trees is necessary to accommodate the permitted uses created out of land not
set aside as common open space.
(e) Subsection 15-198(h) is amended to read:
(h) If the area of open space required to be preserved under subsections (d) and
(e) does not exceed forty percent (40%) of the area of the development tract (20% in the R-2
district), then the permit issuing authority may require that the developer set aside from
among the areas that constitute secondary conservation areas as defined above an amount of
open space equal to the difference between the amount of open space preserved under
subsections (d) and. (e) and forty percent (40%) of the development tract (20% in the R-2
district).
(f) Subsection 15-198(b)(3) is amended by adding a new subsection "c" to read as follows:
(c) Areas used for the growing of crops, such as hay, corn, or vegetables, if and to
the extent that such uses occur within an area that is subject to the control of a homeowners
association and such uses are approved by the homeowners association.
SECTION 4. Article IX, Part I, is amended by adding a new Section 15-141.2 to read as follows:
Section 15-141.2 Village Mixed Use District Established
44 (a) There is hereby established a Village Mixed Use (VMU) district. This district is established
45 to provide for the development of rural new villages at a scale intended to continue Carrboro's small town
46 character as described in its Year 2000 Task Force Report and to promote a traditional concept of villages.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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The applicant for rezoning to this district must demonstrate that its planning, design and development will
achieve, but not necessarily be limited to, all of the following specific objectives:
1. The preservation of open space, scenic vistas, agricultural lands and natural resources
within the Town of Carrboro and its planning jurisdiction and to minunize the
potential for conflict between such areas and other land uses;
2. The creation of a distinct physical settlement surrounded by a protected landscape of
generally open land used for agricultural, forest, recreational and environmental
protection purposes.
3. Dwellings, shops, and workplaces generally located in close proximity to each other,
the scale of which accommodates and promotes pedestrian travel for trips within the
village.
4. Modestly sized buildings fronting on, and aligned with, streets in a disciplined
manner.
5. A generally rectilinear pattern of streets, alleys and blocks reflecting the street
network in existing small villages which provides for a balanced mix of pedestrians
and automobiles.
6. Squares greens, landscaped streets and parks woven into street and block patterns to
provide space for social activity, parks and visual enjoyment.
7. Provision of buildings for civic assembly or for other common purposes that act as
visual landmarks and symbols of identity within the community.
8. A recognizable, functionally diverse, but visually unified village focused on a village
green or square.
9. Development of a size and scale, which accommodates and promotes pedestrian
travel rather than motor vehicle trips within the village.
10. Compliance with the policies embodied in this chapter for the development of a
village mixed use.
(b) The VMU district shall be a conditional use district authorized under N.C.G.S. 160A-382.
As such, property may be placed within this district only in response to a petition by the owners of all the
property to be included.
(c) As indicated in the Table of Permissible Uses, the only permissible use within a VMU district
is a village mixed use development, and a village mixed use development is only permissible within a VMU
district.
(d) Property may be rezoned to the VMU district only when the property proposed for such
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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rezoning:
(e)
(1) Comprises at least fifty, but not more than two hundred, contiguous acres. For
purposes of this subsection, acreage is-not "contiguous" to other acreage if separated
by a public street or connected only at a point less than one hundred feet in width; and
(2) Is so located in relationship to existing or proposed public streets that traffic
generated by the development of the tract proposed for rezoning can be
accommodated without endangering the public health, safety, or welfare; and
(3) Will be served by OWASA water and sewer lines when developed;
No more than 350 gross acres may be rezoned to the VMU district and no more than three
villages may be approved.
(f) Nothing in this section is intended to limit the discretion of the board of aldermen to deny an
application to rezone property to a VMU district if it determines that the proposed rezoning is
not in the public interest.
(g) When a VMU rezoning application is submitted (in accordance with Article XX of this
ordinance), the applicant shall simultaneously submit either (i) a conditional use permit application for a
village mixed use development in accordance with the provisions of Section 15-176.1. of this chapter, or (ii)
an application for approval of a master plan for the proposed village mixed use development, in accordance
with the following provisions.
(1) The master plan shall show, through a combination of graphic means and text
(including without limitation proposed conditions to be included in the conditional
use permit for the proposed development):
a. The location, types, and densities of residential uses;
b. The location, types, and maximum floor areas and impervious surface areas
for non-residential uses;
c. The location and orientation of buildings, parking areas, recreational facilities,
and open spaces;
d. Access and circulation systems for vehicles and pedestrians;
e. How the development proposes to satisfy the objectives of and comply with
the regulations applicable to a village mixed use development as set forth in
Section 15-176.1 of this chapter;
f. How the development proposes to minimize or mitigate any adverse impacts
on neighboring properties and the environment, including without limitation
impacts from traffic and stormwater runoff; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2'age 7 of 3S
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g. How the development proposes to comply with the town's "Village Mixed
Use and Affordable Housing Vernacular Architectural Standards."
(2) The planning boazd, Northern Transition Advisory Committee, Appeazance
Commission, Environmental Advisory Board, Transportation Advisory Board (and
other advisory boazds to which the boazd of aldermen may refer the application) shall
review the proposed master plan or conditional use permit application at the same
time it considers the applicant's rezoning request. In response to suggestions made
by the planning board (or other advisory boazds), the applicant may revise the master
plan or conditional use permit application before it is submitted to the board of
aldermen.
(3) If the applicant submits a proposed master plan (rather than a conditional use permit
application) with the VMU rezoning application, then:
a. The rezoning application and master plan proposal shall be reviewed
concurrently by the boazd of aldermen according to the same procedures and
in accordance with the same standazds applicable to other zoning
amendments; and
b. The Boadd may not approve the VMU rezoning application unless it
simultaneously approves the master plan for the development of the property,
subject to such reasonable modifications and conditions as the Board may
impose in the exercise of its legislative discretion.
(4) If the applicant submits a conditional use permit application (rather than a proposed
master plan) with the VMU rezoning application, then:
a. The rezoning application and conditional use permit application shall be
reviewed concurrently by the board of aldermen according to the same
procedures and in accordance with the same standards applicable to other
conditional use permit applications; and
b. The Board may not approve the VMU rezoning application unless it
simultaneously approves the conditional use permit application for the
development of the properly, which conditional use permit may be approved
subject to reasonable conditions and requirements as set forth in Section 15-
59.
(5) If a VMU rezoning application is approved with a master plan (rather than a
conditional use permit), approval of the master plan under this section does not
obviate the need to obtain a conditional use permit for the village mixed use
development in accordance with the provisions of Section 15-176.1 of this chapter.
a. In addition to other grounds for denial of a conditional use permit application
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1 under this chapter, a conditional use .permit for a village mixed use
2 development may be denied on the basis that the application is inconsistent
3 with the approved master plan. However, if the conditional use permit is
4 approved, the boazd of aldermen shall be deemed to have amended the master
5 plan to bring it into conformity with the conditional use permit.
6
7 b. No conditional use permit for a village neighborhood mixed use development
8 may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for
9 such denial involves an element or effect of the development that has
10 previously been specifically addressed and approved in the master plan
11 approval process, unless (i) it can be demonstrated that the information
12 presented to the boazd of aldermen at the master plan approval stage was
13 materially false or misleading, (ii) conditions have changed substantially in a
14 manner that could not reasonably have been anticipated, or (iii) a basis for
15 denial for reasons set forth in Subsection 15-54(c)(4) is demonstrated by clear
16 and convincing evidence.
17
18 (6) Subject to Subsection 15-141.2(f)(5), a master plan approved under this section may
19 only be amended in accordance with the provisions applicable to a rezoning of the
20 property in question.
21
22 SECTION 5. Article XI, Part II is amended by adding a new Section 15-176.2 to read as follows:
23
24 Section 15-176.2 Village Mixed Use Develon_ ments
25
26 (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of
27 the tract, or five acres, whichever is less, may be used for purposes permissible in the B-3T or OA districts,
28 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in
29 the remaining provisions of this section, the Master Plan, or the conditional use permit that authorizes the
30 development in question.
31
32 (1) Within the portion of the tract developed for commercial purposes, the regulations
33 (other than use regulations, which aze governed by the provisions immediately above)
34 applicable to property zoned B-3T shall apply except as otherwise provided in this
35 section or as otherwise allowed by the board of aldermen in the approval of the
36 Master Plan or conditional use permit for the development.
37
38 (2) The commercial portions of the village mixed use development shall be contained
39 within a "storefront use area." This area shall be designed to provide a variety of
40 retail shops and services to support the day-to-day needs of village residents and other
41 local residents, complemented by other compatible business, civic and residential
42 uses in commercial-type buildings in a manner consistent with a small downtown of
43 or central mazket place in the community.
44
45 (3) Storefront use areas shall be located so they are easily accessible by pedestrians from
46 as much of the residential areas as possible (preferably within 1,500 feet - a five-
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 9 of 3S
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minute walk). Nonresidential uses that are intended or expected to serve an azea
beyond the development itself shall be located to the ,extent practicable to permit
vehiculaz access from outside the development without passing through residential
streets.
(4) Storefront use azeas shall be located at least 200 feet from an arterial street and at least
one-half mile from the nearest edge of another commercial center.
(5) Pazking azeas that serve commercial facilities shall be screened with a Type A screen
from the view of public streets located outside the development.
(6) If and to the extent that dwelling units are constructed above .commercial uses in
commercial areas, the additional vehicle accommodation area required to
accommodate such residential uses shall not be treated as commercial area for
purposes of the "cap" on commercial areas established by this section.
(7) Commercial azeas shall surround or be located adjacent to or across the street from a
public park, green, or square, which area may be credited as part of the open space
required of the development.
(8) Within the commercial azeas authorized under this section, buildings shall be
designed and constructed so that each individual enterprise occupies (whether as
tenant or owner occupant) an azea of not more than 6,000 squaze feet per floor.
(b) Portions of the tract not developed in accordance with the provisions of subsection (a) above
may be developed in accordance with the provisions of this chapter applicable to property that is zoned R-
10, except as those provisions are modified by the provisions of this section or the Master Plan or conditions
imposed by the board of aldermen in the issuance of the conditional use permit.
(1) The number of dwelling units permissible within the entire tract shall be determined
in accordance with the provisions of Section 15-182.3 (as adjusted by density bonuses
awarded for providing affordable housing under Section 15-182.4), subject to the
following:
a. Areas used for commercial purposes shall not be subtracted from the adjusted
tract acreage before determining permissible density;
b. All dwelling units constructed above commercial uses in commercial azeas
(e.g. a second story apartment located above a first floor retail store or office)
shall be permissible in addition to the number of dwelling units otherwise
authorized under this section.
(2) The residential portions of the development shall contain a mixture of housing types
that aze generally reflective of the housing types in Carrboro and ownership/rental
options so that the development provides housing opportunities for persons within as
broad a range of income levels as is feasible. Different housing types and price
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 10 of 35
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ranges shall be intermixed rather than segregated.
a. The development shall contain an area known as a. "townhouse use area."
This area shall be designed to provide for a variety of housing opportunities,
including residential buildings such as townhouses and/or apartments in close
proximity to the storefront area, and to provide for the flexible use of such
buildings to accommodate compatible business and civic uses which
supplement the storefront area. The townhouse use area shall be a designated
geographic unit generally located along neighborhood streets and adjacent to
the storefront area. In approving a conditional use permit for a Village Mixed
Use Development, the Board may approve the following uses not generally
authorized in an area zoned R-10, subject to such restrictions and conditions
relating to locations, use classifications, and other matters as the Board may
provide:
1. Personal or business services
2. Office
3. Private club
4. Restaurant
5. Artist studio
6. A maximum of 4 guestrooms for lodging
7. Medical clinic or facility
8. Retail sales, if in conjunction and on the same lot as a home
occupation
b. The development shall also contain a "single-family detached residential use
area" designed to provide for single-family detached homes in a residential
neighborhood environment. In approving a conditional use permit for a
Village Mixed Use Development, the Board may approve the following uses
not generally authorized in a single family detached residential area zoned R-
10, subject to such restrictions and conditions relating to locations, use
classifications, and other matters as the Board may provide:
1. Office, as an accessory use, or for not more than 2 full-time employee
equivalents.
(c) In addition to other applicable use regulations as provided above, lots within the following
areas may not be used for the purposes indicated below:
(1) Storefront use areas:
a. drive-in or through windows
b. uses requiring loading or unloading during non-daylight hours.
(d) In approving a conditional use permit for a village mixed use development, the board of
aldermen shall ensure, by approval of a condition, phasing schedule, or otherwise, that the nonresidential
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 11 of 35
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1 portions of the development are occupied only in accordance with a schedule that relates occupancy of such
2 nonresidential portions of the development to the completion of a specified percentage or specified number
3 of phases or sections of the residential portions of the development. The purpose and intent of this provision
4 is to ensure that the approval process for a village mixed use development is not used, intentionally or
5 unintentionally, to create nonresidential uses in areas generally zoned for residential uses except as part of an
6 integrated and well-planned primarily residential development.
7
8 (e) The open space provided within a village mixed use development pursuant to Section 15-198
9 shall include areas known as "village conservancy use areas "and "greens, parks, and squares."
10
11 (1) Conservancy use areas are areas designed to create a visual and physical distinction
12 between the development, the surrounding countryside, and any neighboring
13 developments.
14
15 (2) Greens, parks and squares are spatially defined and distributed open spaces within the
16 village mixed use development designed to serve a variety of outdoor leisure and
17 assembly needs of village residents and to enhance the form and appearance of the
18 development.
(3) There shall be a main village green, which shall be centrally located in close
proximity to the storefront area as described in subsection (a)(2). Other, smaller
greens shall be dispersed throughout the remainder of the village center in such a way
that no lot is more than a walking distance of 1,320 feet from a green, square or park.
The main village green shall be designed to a pedestrian scale and shall be no less
than 30,000 square feet in size, while the other, smaller greens, squares and parks
shall be no less than 10,000 square feet in size.
(4) Open space areas set aside in accordance with this section may be used to satisfy the
forty percent requirement of subsection 15-198(c). If the areas the developer is
required to set aside as open space under Section 15-198 together with the areas
required to be set aside under this subsection exceed forty percent of the mixed use
development, then the board of aldermen shall allow the developer to set aside less
than the one or more of the categories of open space otherwise required under Section
15-198 or this subsection so that the developer is not required to preserve as open
space more than forty percent of the development tract.
(f) Village Mixed Use Developments shall meet the following objectives with regard to land use
arrangement and design criteria:
(1) Overall Form.
a. Open space should be designed to follow the natural features whenever
possible and to provide for an agricultural, forest and undeveloped character
of the land.
b. The core of the village shall be distinguished from the peripheral, contiguous
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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open space by awell-defined "hard edge" of dwellings in contrast with the
open, largely agricultural, forest and undeveloped character of the open space.
c. The village should be sited so as to best preserve natural vistas and the
existing topography.
d. The village should be designed in a generally rectilinear pattern of blocks and
interconnecting streets and alleys, defined by buildings, street furniture,
landscaping, pedestrian ways and sidewalks.
(2) Spatial Relationships of Various Use Areas and Open Space.
a. The common, peripheral open space shall surround the village unless
explicitly modified upon a fording that unique topographical or other natural
features or preexisting boundary conditions require an alternative
arrangement.
b. Village storefront use and townhouse use areas shall be surrounded by the
residential use area or, where applicable, by a combination of residential and
civic use areas.
c. Higher density residential lots should be generally located between the
designated commercial area and lower density residential lots.
d. The transition between uses shall be blended to avoid a distinct visual
segregation.
(3) Block Design
a. Blocks of a generally rectangular shape should be the main organizing feature
of the village. While topography, existing vegetation, hydrology and design
intentions should influence block shape and size, the maximum length for a
block is to be four hundred and eighty (4$0) feet with an allowance for blocks
up to six hundred (600) feet when mid-block pedestrian paths or ways are
provided. No less than one eight-foot pedestrian alley or way must be
provided for every two-hundred (200) feet of road frontage in the storefront
use area.
b. The blocks of the village may be subdivided into lots, having frontage on a
street, whose generally rectangular shape should respond to environmental
factors, the proposed use and design intentions.
c. Village lots should minimize front and side yards, garage aprons and
entrances and blank walls, and should generally have as narrow a width as is
practical to encourage pedestrian movement.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
gage 13 of 3S
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d. Each block which includes storefront and narrow frontage townhouse lots
shall be designed to include an alley or small clusters of parking, with service
access in the rear. Blocks of wide frontage townhouse lots need not be
designed to include an alley and rear parking.
e. Similar land use types shall generally front one another while dissimilar land
use types shall generally abut along alleys or rear parking.
f. Lot layout, path and sidewalk design shall ensure pedestrian access to each
lot.
g. The build-up line specifies a cornice height that establishes the prominent
visual dimension of a building and defines its proportion in relation to the
street. It should vary, with no more than sixty (60) consecutive feet of the
build-up line having a similar cornice or roofline, and be between one and two
and one-half stories in height. A two-story build-up line can range from 20 to
25 feet above average ground level.
(4) Storefront and Townhouse use Area Design Components
a. New multi-family and commercial buildings in storefront and townhouse use
areas shall be subject to a maximum front setback (the "build-to" line) in
order to maintain a strong sense of streetscape. Such buildings shall generally
be of two-story construction (to the so-called "build-up" line) and shall be
designed in accordance with the design standards of this chapter and any other
applicable standards. To create a defined edge to the village's public space,
new multi-family or commercial buildings should conform to a consistent
setback from the street. Porches for multi-family or townhouse construction
can extend beyond the build-to line. In addition, building faces, as well as a
majority of the roof ridgelines should be parallel to the. street.
b. Maximum height regulations are 35 feet and two and a half stories.
c. Minimum street frontage is 25 feet.
d. Setback regulations are as follows: Front = no minimum required; maximum
is 15 feet; Rear = 20 feet minimum; Side =Zero minimum lot lines are
allowed, except at block ends or adjacent to alleys or pedestrian walks as
required under block design requirements.
e. Parking within this area shall be subject to the other parking requirements of
this chapter as well as the following:
1. Non-residential off-street parking shall generally be to the side or the
rear, or located within internal parking areas not visible from the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 14 of 35
2/ 19/1999 DRAFT COPY OF PROPOSED NSA ORDINANCE
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street.
2. The permit-issuing authority may allow on-street parking spaces along
the- front property line (except where there are driveway cuts) to be
counted toward the minimum number of parking spaces required for
the use on that lot.
3. On-street parking space shall be designed as either parallel to the curb
on both sides of the street, or diagonal to the street on the storefront
side with landscaped breaks serving the pedestrian alleyways.
4. Off -street parking may be located within 100 feet (measured along a
publicly accessible route) from the lot containing the use to which the
parking is accessory, if the lot containing the parking is owned or
leased to the owner of the principal use, or if the lot containing the
parking is dedicated to parking for as long as the use to which it is
accessory shall continue, and it is owned by an entity capable of
assuring its maintenance as accessory parking.
f. All public sidewalks and walkways shall:
1. Be constructed of brick or concrete with brick borders in such a way
that they do not impede accessibility.
2. Be no less than six feet in; and
3. Create a completely interconnected network of pedestrian walkways
throughout the storefront use and townhouse use areas.
g. All storefront and townhouse use areas shall contain the following:
1. At least one trash can of approved design in each block;
2. Public benches of approved design at bus stops, green spaces, and at
intervals of no greater than 50 feet on each block; and
3. At least one bike rack on each block.
h. All new construction shall be of similar scale and massing to small-scale,
historic buildings in downtown Carrboro.
i. All roofs shall be topped with low-pitched roofs with articulated parapets and
cornices, or pitched roofs where fascias are emphasized and any roof dormers
are functional.
j. Storefront buildings shall:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page IS of 35
2/19/1999 DRAFT COi'Y OF PROPOSED'.NSA ORDINANCE
............................................................................................................................:.........................................::.:....::......:..........................................................:.......................
1. Include show windows on the ground level. Storefront windows are
to be large and traditional in appearance and are to include low sills
and high lintels.
2. Articulate the line between the ground and upper levels with a cornice,
canopy, balcony, arcade, or other visual device.
3. Include lighting in show windows, which is in conformance with other
lighting regulations, herein;
4. Project lighting on the sidewalk from about eight feet in conformance
with other lighting regulations herein;
5. Present the principal entrance to the sidewalk. Alternatively, if the
principle entrance faces onto an interior courtyard, the entrance to the
courtyard must be presented to the sidewalk.
k. The fa.~ade of storefront buildings may be separated from the sidewalk surface
by a landscaped strip of no greater than three feet, except as necessary to
accommodate open-air, food service establishments.
1. The construction of open colonnades over a sidewalk adjoining storefront
buildings may be permitted subject to an appropriate easement over the public
right-of--way.
m. Materials in the exterior of buildings surrounding the greens shall be limited
to a diversity of brick textures and colors, with wood being subject to the
review of the Appearance Commission and the approval of the permit-issuing
authority. Awnings are encouraged. Commercial grade windows and doors
shall be used, with wood encouraged and other. materials being subject to the
review of the Appearance Commission and the approval of the permit-issuing
authority.
n. All signage shall:
1. Be affixed to building fagade, canopy, or arcade;
2. Be located within the first story limit;
3. Be visible to both pedestrians and drivers;
4. Contain visual street numbers for each building; and
5. Utilize lighting conforming to applicable regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 16 of 3S
2/19/1999 bRAFT COPY OF PROPOSED NSA ORDINANCE
o. Storefront buildings shall have at least 60 percent of their front facade parallel
to the street.
p. The principal entrance shall be from the front sidewalk.
q. Storefront buildings fronting on the same street and located on the same block
shall be attached, except as necessary to accommodate pedestrian ways.
r. The street treescape shall require:
1. The planting of species which branch above 8 feet to facilitate viewing
of storefronts and signage.
2. The planting of trees every 30 feet to 50 feet depending on size so as
to create a regular pattern of street trees through the area.
(5) Residential uses within the single family detached residential use area shall conform
to the following requirements:
a. Lots shall generally be located along local streets and around the perimeter of
the combined storefront and townhouse areas and between those areas and the
village conservancy district.
b. The minimum lot width at the building line shall be 40 feet;
c. Variations in the principal building position and orientation shall be
encouraged, but the following minimum standards shall be observed: Front
yard: 15 feet minimum (but 8 feet to front porches or steps) and 25 feet
maximum; Rear yard: 30 feet minimum for principal buildings and 5 feet for
accessory buildings; Side yard: 20-foot separation for principal buildings,
with no side yard less than 5 feet.
d. The maximum impervious coverage shall be 50 percent on each lot.
e. The maximum height of buildings shall be 35 feet.
f. Residential structures shall be designed to reflect Carrboro's vernacular
building tradition in accordance with the design standards described in
Section 15-141.2 of this chapter.
g. Accessory dwelling units shall be architecturally integrated as follows:
1. Accessory dwellings or outbuildings shall be designed to harmonize
with the Carrboro vernacular architecture described above.
2. There shall be a maximum of one accessory dwelling unit (ADIn per
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 17 of 3S
2/19/1999 CRAFT SPY OF PROPOSED NSA ORDINANCE
lot of less than ten (10) acres.
3. The gross floor area in the ADU shall not exceed 900 square feet.
4. Exterior fire-exit stairs are prohibited on any side of ADUs except at
their rear.
5. All off-street parking for ADUs shall be located to the side or rear and
shall be visually screened from adjoining properties and from all
streets.
(6) Roads and Streets.
a. Street patterns within the village mixed use shall be a rectilinear network of
streets, interconnected with clear, direct, understandable patterns, with
variations as needed for topographic and environment and other valid design
consideration.
b. Streets shall be designed generally to:
1. Parallel and preserve existing fence lines, tree lines, hedgerows and
stone walls.
2. Minimize alteration of natural site features.
3. Secure the view to prominent natural vistas.
4. Minimize the area devoted to vehicle travel.
5. Promote pedestrian movement so that it is generally more convenient
to walk short distances than to drive.
6. Be aligned so that the "terminal vista" is of open space features, .either
man-made (greens, commons), natural (meadows, large trees in
distance), or a community structure of significance.
c. With the exception of loop roads, all neighborhood and local streets shall
terminate at other streets within the village proper and shall provide
connections to existing or proposed through streets or collectors outside the
village proper where practical. Loop roads, as defined in this chapter, are
specifically allowed.
d. Sidewalks shall be provided as required in Article XIV of this chapter.
e. Sidewalk widths shall be at least six feet in retall/commercial areas, and at
least five feet in residential, as well as townhouse, areas.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 18 of 3S
2/19/1999 DRAFT COPY OF PROPOSED idSA ORDINANCE
........................................................................................................................................................................................................................................................................... .
f. A plan for sidewalks and footpaths shall be designed to connect all houses
with any of the village's greens and parks.
(7) Parking.
a. .Off-street parking lots and areas shall generally be located at the rear of
buildings.
b. No off-street parking shall be permitted in the front yards of buildings located
in the storefront or townhouse use areas, nor shall off street parking be the
principal use of corner lots in these areas.
c. Any off street parking space or parking lot in a storefront, townhouse, or civic
area which abuts a street right-of--way shall be buffered from the right-of--way
by a landscaped area no less than 4 feet wide in which is located a continuous
row of shrubs no less than 3 1/2 feet high, or by a wall no less than 4 feet and
no more than 6 feet high.
d. Off street parking in the storefront and narrow frontage townhouse areas shall
generally be accessible from an alley only.
(8) Landscaping
a. The applicant shall submit a comprehensive landscape master plan for all
areas of the village, and village conservancy areas, identifying the location
and size of both existing vegetation to be retained and proposed new
vegetation, typical planting materials, the phasing of landscape installation
and planting methods.
b. Shade trees shall be provided along each side of all streets, public or private,
existing or proposed. Shade trees shall also be massed at critical points, such
as at focal points along a curve in the roadway. In locations where healthy
and mature shade trees currently exist, the requirements or new trees may be
waived or modified.
c. Parking lots larger than 19 spaces and/or 6,000 square feet in size shall have
internal landscaping as well as buffering landscaping on the edge of the lot.
d. Trees and other plants should be chosen with reference to the list set forth in
Appendix E.
e. Trees and other public landscaping shall be protected by means of suitable
barriers.
f. The method and means for providing quality street trees and other community
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 19 of 35
2/19/1999 DRAFT` COPY OF PROPOSED`NSA ORDINANCE
landscaping such as in village greens, parks, and squares shall be addressed.
g. The developer shall be required to post a suitable performance bond to ensure
that any tree that dies within eighteen (18) months of planting shall be
replaced with the same species and size, and that any tree shall be well
maintained, i.e., irrigated and fertilized, for a total of thirty-six (36) months
from time of planting. If trees are removed, they shall be replaced with trees.
of similar size and function.
SECTION 6. Article XII is amended by adding a new Section 15-182.4 to read as follows:
Section 15-182.4 Residential Density Bonuses for Affordable Housing_
14 (a) For purposes of this section, an affordable housing unit means a dwelling unit (i) that is
15 offered for sale at a price that does not exceed two and a half times an amount equal to eighty percent of
16 the annual median income level for a family of four in the Raleigh-Durham-Chapel Hill Metropolitan
17 Statistical Area or is offered for rent at a monthly rate that does not exceed an amount equal to 35 percent
18 of the monthly median income level for a family of four in the Raleigh-Durham-Chapel Hill Metropolitan
19 Statistical Area, and (ii) with respect to which the developer has arranged for the affordable housing units
20 to remain affordable as descried herein for a period of not less than 100 years, commencing from the date
21 of initial occupancy of the units, by including provisions to ensure such continued affordability in legally
22 binding agreements (including but not limited to a ground lease, a deed restriction or other covenant)
23 running with the unit. Such agreements shall be reviewed and approved by the Town of Carrboro prior to
24 initial occupancy of the units. The units may not be occupied and the agreements may not be recorded or
25 filed until such agreements are reviewed and approved by the Town of Carrboro, and (iii) that conforms to
26 the town's "Village Mixed Use and Affordable Housing Vernacular Architectural Standards."
(b) The maximum residential density permissible within a development whose maximum density
would otherwise be determined in accordance with the provisions of subsection 15-182.3(b) shall be
increased by two dwelling units for every one affordable housing unit included within the development, up
to a maximum of 150% of the density otherwise allowable. To illustrate, if the maximum density of a tract
would be 100 dwelling units considering only the provisions of subsection 182.3(b), a developer who chose
to construct 10 affordable housing units as part of the development of that tract would be allowed to
construct 10 additional dwelling units that did not satisfy the "affordability" criteria set forth in subsection
(a), for a total density of 120 dwelling units. In this illustration, the maximum possible density that could be
achieved would be 150 dwelling units if the developer constructed at least 25 affordable housing units.
3 8 (c) Within any development that provides affordable housing units, the minimum area that must
39 be set aside as open space to satisfy the requirements of Section 15-198 may be reduced by an amount equal
40 to twice the land area consumed by all such affordable housing units, subject to a maximum reduction of 10
41 percent in the amount of open space otherwise required.
42
43 (d) Affordable housing units constructed in accordance with this section shall be interspersed
44 throughout the development rather than isolated in one area and segregated from the other dwellings that do
45 not satisfy the "affordability" criteria set forth in subsection (a).
46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 20 of 3.5
Mar-15-99 01:49P Town of Carrboro 919 968 7737 P.04
._ ...,.
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:••~•: ....... IV ~ till x-..... ••• • ^ 1..... iM.7iiw:.p'rl.»
...w:.:C...wnm+.r'+.»..~.a..~.....»...»....wnwwr.ad::.i».w.'kiYw7:u t..:.wrn:a:e...:i.1...:.::...:.7:.:.n........s. w.yii+:.~::.:w».sa:...w:....w::.:w:isY.::-:w.:...::.:»ww'~:.:«w..»:.«.:...i.
1 (e) in approving a special or conditiana[ use permit for a development that proposes to utili~ the
2 density bonus provisions of this section, the pcrmii issuing authority shall ensure, by approval of a condition,
3 phasing schedule, or otherwise, that af7brdable housing units are actually provided in acc:ordanee with the
4 provisions of this section. Without limiting the generality of the foregroing, the permit issuing authority may
S impose a condition specifying that units" may not be issued until the corresponding; affordable housing units
6 are consrlvcted and offered for sale or rent far an amount that is cvnsistcnt with the definition set forth in
7 subsection (a).
9 SECi10N 7. Section 15-146 (fable of Permissible Uses) is amended by adding a new classification
l0 ~ 32.U00 entitled "Village Mixed [Jse Development" and by adding the following lar~uage across the table •
11 opposite this use classification: "Aemussible only in Village Mixed Use Districts (See Scxlion 15-141.2}
1 Z pursuant to a conditional use permit) "
13
14 SECTlQN S. Section 15-136 is amended by adding a new subsection (11} to read ati follows:
(11) O/A CU ~)1~ice/Asscmbly Conditional Usc. This district is identical to the O/A district and
shall be subject to all regulations appticable to the O/A district (including but not limited to
the performance standards set forth in Part 1 of Article XI) except as Follows:
a. This district shall be a conditional u.~ district authorised under N.C_G.S. 160A-382.
As such, property may be placed within this district anly in response to a petition by
the owners of al! the property to be included.
b. No more than twenty-five (25) acres may be rc2oned to the U/A CIJ.
28 c. As indicated in the 't'able o f Permissible t J.ses, the only pernussiblc u.~e within an OIA
29 CU district is an of~ice/assembly planned development, and an oflzce/assembly
3Q planned development is permissible only in an OIA CtJ district.
31
32 1. The applicant for an officclassembly planned development conditional use
33 permit shall specify which of the use clasa7fications generally permissible
34 with an O!A district the applicant wants to make permissible within the
35. proposed O/A CU district.
36
37 2_ Once a conditional u.5e permit authorizing an office/assembly planned
38 development has been issued, then individual tenants or occupants of the
39 spaces or properties covered by the permit may occupy or use such individual
40 spaces or properties withotct need for additional timing, special use, or
41 conditional use permits, so long as such use or oc;c;upancy is eons-istent with
42 the approved conditional use pernrit including limitations nn permissible use
43 classifications approved pursuant to subsection 1 above or other conditions or
44 limitations imposed as conditions pursuant to Section 15-59.
45
46 3. tJses within the O/A G'U district shall be limited to those where loading and
...............».».._.-_.....»................»...........»..................»».»._ ».»...._ mugs 21 of 3S "»..~..._.......w_.»._.__......»..»...»»-».».»M.........._.»»..».-.................
~/ 19/ 7 999 DRAF? COPY OF PROPOSED i~ISA ORDINANCE
unloading occurs during daylight hours only.
d. When an O/A CU rezoning petition is submitted (in accordance with Article XX of
this chapter), the applicant shall simultaneously submit a conditional use permit
application for anoffice/assembly planned development.
1. The rezoning and conditional use permit applications shall be processed and
reviewed concurrently.
2. The boazd of aldermen shall simultaneously conduct a public hearing on the
rezoning and conditional use permit applications, in accordance with the
procedures applicable to other conditional use permit applications.
3. If the Boazd concludes in the exercise of its legislative discretion that the
proposed rezoning would not be consistent with. the public health, safety, or
welfaze, it may deny the application in accordance with the same procedures
applicable to any ordinance amendment request.
4. The Board may not approve the rezoning application unless it simultaneously
approves a conditional use permit for an office/assembly planned
development, which permit may be issued subject to reasonable conditions
and requirements a set forth in Section 15-59.
e. Buildings within the O/A CU district shall comply with the following standards:
1. Exterior walls shall be constructed of materials commonly used on the
exterior walls of single-family residences (such as brick, stone, wood or
fabricated residential lap siding made of hazdboazd or vinyl).
2. The pitch of the roof shall have a minimum vertical rise of one foot for every
two feet of horizontal run.
3. Windows shall be of a scale and proportion typical of single-family
residences.
SECTION 9. Section 15-146 (Table of Permissible Uses) is amended by adding a new classification.
33.000 entitled "Office/Assembly Planned Development" and by adding the following language across the
table opposite this use classifications: "Permissible only in Office/ Assembly Conditional Use Districts (see
Subsection 15-136(11) pursuant to a conditional use permit)."
SECTION 10. The first sentence of Subsection 15-325(1) is amended to read as follows: "Except
when the request is to rezone property to a conditional use district, the Board shall not consider any
representations made by the petitioner that, if the change is granted, the rezoned property will be used for
only one of the possible range of uses permitted in the requested classification."
SECTION 11. The title of Part I of Article XI is amended to read "Non-Residential Performance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 22 of 35
2/19/.1999 DRAFT COPY OF PROPOSED NSA ORDINANCE
................................................................................................................................................................................................................................... .
1 Standards," and Section 15-161 is rewritten to read as follows:
2
3 Section:15-161 "Good Neighbor" Performance Standards for Non-Residential Uses
4
5 The provisions of this part are designed to provide performance standards by which applications for
6 non-residential development will be evaluated by the town and by which the actual performance of those
7 operations and uses will be monitored by the town for compliance. The purposes of these performance
8 standards are to protect the town in general, and abutting and neighboring landowners in particular, from any
9 potential negative impacts that new nonresidential uses may have on the physical environment and on the
10 quality of life currently enjoyed by the residents of Carrboro's planning jurisdiction.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 12. Section 15-162 is rewritten to read as follows:
Section 15-162 Smoke. Dust Fumes Vapors Gases and Odors
(a) Emission of smoke, dust, dirt, fly ash, or other particulate matter, or of noxious, toxic or
corrosive fumes, vapors, or gases in such quantities as to be evident or perceptible at the property line of any
lot on which a use is coriducted, or which could be injurious to human health, animals, or vegetation, or
which could be detrimental to the enjoyment of adjoining or nearby properties, or which could soil or stain
persons or property, at any point beyond the lot line of the commercial or industrial establishment creating
that emission shall be prohibited.
(b) No use shall be permitted to produce
aromas (such as, but not limited to, those produced
processing, fish sales, rendering, fermentation pro
perceptible beyond the property line of the lot whey
habitable elevation.
Harmful, offensive, or bothersome odors, scents, or
by manufacturing processes, food preparation, food
:esses, decaying organic matter, and incinerators)
e such use is located either at ground level or any
29 (c) The location and vertical height of all exhaust fans, vents, chimneys, or any other sources
30 discharging or emitting smoke, fumes, gases, vapors, odors, scents or aromas shall be shown on the
31 application plans, with a description of the source materials.
32
33 SECTION 13. Section 15-165 (Odors) is repealed and replaced with a new Section 15-165 to read as
34 follows:
35
36 Section 15-165 Ground Water Sunnly.
37
38 (a) All outdoor storage facilities for fuel, chemical, or industrial wasters, and potentially harmful
39 raw materials, shall be located on impervious pavement, and shall be completely enclosed by an impervious
40 dike high enough to contain the total volume of liquid kept in the storage area, plus the accumulated rainfall
41 of a fifty (50) year storm. This requirement is intended to prevent harmful materials from spilling and
42 seeping into the ground, contaminating the groundwater.
43
44 (b) Non-corrosive storage tanks for heating oil and diesel fuel, not exceeding two hundred
45 seventy five (275) gallons in size, may be exempted from the requirements of this section provided that there
46 is no seasonal high water table within four (4) feet of the surface, and that rapidly permeable sandy soils are
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wage 23 of 3S
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not present.
SECTION 14. Section 15-243 (Excessive Illumination) is rewritten to 'read as follows:
Section 15-243 Excessive Illumination.
(a) Outdoor lighting (not including sign lighting) shall be controlled in both height and intensity
as provided in this section.,
(b) No development shall be permitted to produce a strong light or reflection of that light beyond
its lot lines onto neighboring properties, or onto any street so as to impair the vision of the driver of any
vehicle upon such street.
(c) Light fixtures may not exceed fifteen (15) feet in height, and luminaries shall be shielded or
configured to cast the light downward and to prevent light from shining beyond the lot lines into neighboring
properties or public ways. The permit issuing authority may by condition impose additional requirements as
necessary to prevent adverse impacts to adjoining properties and residents.
(d) Under no circumstances may the light level at the lot line exceed 0.2 foot-candles, measured
at ground level.
SECTION 15. Subsection A-6 (b)(15) is amended to read as follows: "Outdoor illumination with
lighting fixtures sufficiently identified to demonstrate compliance with Sections 15-242 and 15-243."
SECTION 16. Section 15-163 (Noise) is amended by adding the following two sentences at the end
of subsection (a): "Noises that exceed the levels set forth below shall be deemed annoying or disruptive.
Low frequency noises shall be considered annoying and disruptive if they exceed the decibel levels set forth
below when measured without using an A-weighted filter, or if such noises generate a perceptible vibration
within structures located beyond the boundaries referenced above."
SECTION 17. Section 15-50 is rewritten to read as follows:
Section 15-50 Site Planning Procedures for Major Subdivisions
(a) Before submitting an application for a conditional or special use permit for a major
subdivision, the applicant shall comply with the requirements of this section.
(b) The applicant shall submit a site analysis plan drawn approximately to scale flinch = 100
feet) that contains the following information:
(1) The name and address of the developer;
(2) The proposed name and location of the subdivision
(3) The approximate total acreage of the proposed subdivision;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 24 of 3S
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1 (4) Topographic lines based on maps published by the U.S. Geological Survey; and
2
3 (5) The location of all primary and secondary conservation areas as defined in
4 subsections 15-198(b)(4) and (5).
5
6 (c) After the site analysis plan has been submitted, the planning staff shall schedule a mutually
7 convenient date to walk the property with the applicant and the applicant's site designer. Designated
8 members of the Planning Board, Northern Transition Advisory Committee, Transportation Advisory Board,
9 and Appearance Commission, shall be notified of the date and time of this "on-site walkabout." The purpose
10 of this visit is to familiarize town officials with the property's special features and to provide an informal
11 opportunity for an interchange of information as to the developer's plans and the town's requirements.
12
13 (d) Prior to the submission of a conceptual preliminary plan as described in subsection (e), the
14 staff shall meet with the developer to discuss how the four-step approach to designing subdivisions described
15 below could be applied to the subject property. This conference may be combined with the on-site
16 walkabout.
17
18 (e) Following completion of the. steps described in subsections (b), (c), and (d), the developer
19 shall submit a conceptual preliminary plan of the proposed subdivision, prepared in accordance with the
20 four-step process described in subsection (f). This plan shall be a preliminarily engineered sketch plan
21 drawn to illustrate initial thoughts about a conceptual layout for open space, house sites, and street
22 alignments. This is the stage where drawings are tentatively illustrated, before heavy engineering costs are
23 incurred in the design of any proposed subdivision layout. The planning staff shall review this plan and
24 provide comment to the developer on the overall pattern of streets, houselots, open space, and the treatment
25 of primary and secondary conservation areas in light of the applicable requirements of this chapter.
26
27 (f) Each conceptual preliminary plan shall be prepared using the following four-step design
28 process:
29
30 (1) During the first step, all primary and secondary conservation areas are identified (and
31 shown on the site analysis plan described in subsection (b)).
32
33 (2) During the second step, potential sites are tentatively located. House sites should
34 generally be located not closer than 100 feet from primary conservation areas and 50
3 5 feet from secondary conservation areas.
36
37 (3) The third step consists of aligning proposed streets to provide vehicular access to each
38 house in the most reasonable and economical way. When lots and access streets are
39 laid out, they shall be located in a way that avoids or at least minimizes adverse
40 impacts on primary and secondary conservation areas. To the greatest extent
41 practicable, wetland crossings and streets traversing existing slopes over 15% shall be
42 strongly discouraged. Street connections shall comply with the provisions of Section
43 15-214.
44
45 (4) The fourth step is to draw in the lot lines.
46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~I'age 2S of 3S
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(g) T'he conceptual preliminary plan shall demonstrate that the proposed development will satisfy
the following objectives, as more particularly described in the remaining provisions of this chapter:
1. Protects and preserves all floodplains, wetlands, and steep slopes from clearing,
grading, filling, or construction (except as may be approved by the Town for
essential infrastructure or active or passive recreation amenities).
2. Preserves and maintains mature woodlands, existing fields, pastures, meadows, and
orchards, and creates sufficient buffer areas to minimize conflicts between
residential and agricultural uses. For example, locating houselots and driveways
within wooded azeas is generally. recommended, with two exceptions. The first
involves significant wildlife habitat or mature woodlands which raise an equal or
greater preservation concern, ad described in # 5 and # 8 below. The second
involves predominantly agricultural areas, where remnant tree groups provide the
only natural azeas for wildlife habitat.
3. If development must be located on open fields or pastures because of greater
constraints in all other parts of the site, dwellings should be sited on the least prime
agricultural soils, or in locations at the far edge of a field, as seen from existing
public roads. Other considerations include whether the development will be
visually buffered from existing public roads, such as by a planting screen consisting
of a vaziety of indigenous native trees, shrubs and wildflowers (specifications for
which should be based upon a close examination of the distribution and frequency
of those species, found in a typical nearby roadside verge or hedgerow).
4. Maintains or creates an upland buffer of natural native species vegetation of at least
100 feet in depth adjacent to wetlands and surface waters, including creeks,
streams, springs, lakes and ponds.
5. Designs azound existing hedgerows and treelines between fields or meadows.
Minimizes impacts on large woodlands (greater than five acres), especially those
containing many mature trees or a significant wildlife habitat, or those not degraded
by invasive vines. Also, woodlands of any size on highly erodible soils with slopes
greater than 10 percent should be avoided. However, woodlands in poor condition
with limited management potential can provide suitable location for residential
development. When any woodland is developed, great care shall be taken to design
all disturbed areas (for buildings, roads, yazds, septic disposal field, etc) in
locations where there are no large trees or obvious wildlife areas, to the fullest
extent that is practicable.
6. Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen
from public roadways. (For example, in open, agrarian landscapes, a deep, "no-
build, no-plant" buffer is recommended along the public roadway where those
views or vistas aze prominent or locally significant. In wooded areas where the
sense of enclosure is a feature that should be maintained, a deep "no-build, no-cut"
buffer should be respected, to preserve existing vegetation.
7. Avoids siting new construction on prominent hilltops or ridges, by taking
advantage of lower topographic features.
8. Protects wildlife habitat areas of special species listed as endangered, threatened, or
of special concern by the state or federal government.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 26 of 35
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
9. Designs around and preserves sites of historic, azchaeological, or cultural value, and
their environs, insofar as needed to safeguard the character of the feature, including
stone walls, spring houses, barn foundations, cellar holes, earthworks, burial
grounds, etc.
10. Protects rural roadside character and improves public safety and vehicular carrying
capacity by avoiding development fronting onto existing public roads. Establishes
buffer zones along the scenic corridor of rural roads with historic buildings, stone
walls, hedgerows, etc.
11. Landscapes common areas (such as community greens), and both sides of new
streets with native specie shade trees and flowering shrubs with high wildlife
conservation value.
12. Provides active recreational areas in suitable locations offering convenient access
by residents, and adequately screened from nearby houselots.
13. Includes a pedestrian circulation system designed to assure that pedestrians can
walk safely and easily on the site, between properties and activities or special
features within the neighborhood open space system. All roadside footpaths should
connect with off-road trails, which in turn should link with potential open space on
adjoining undeveloped parcels (or with existing open space on adjoining developed
pazcels, where applicable).
14. Provides open space that is reasonably contiguous, and whose configuration is in
accordance with the guidelines contained in the Design and Management
Handbook for Preservation Areas, produced by the Natural Lands Trust. For
example, fragmentation of open space should be minimized so that these resource
areas are not divided into numerous small parcels located in various parts of the
development. To the greatest extent practicable, this land shall be designed as a
single block with logical, straightforwazd boundaries. Long thin strips of
conservation land shall be avoided, unless the conservation feature is linear or
unless such configuration is necessary to connect with other streams or trails. The
open space shall generally abut existing or potential open space land on adjacent
parcels, and shall be designed as part of larger, contiguous, and integrated
greenway systems, as per the policies in the Open Space and Recreation section of
the Town's Ordinance.
SECTION 18. Subsection 15-263(a)(2) is amended to read as follows:
36 (a) All developments shall be constructed and maintained so that they do not cause
37 stormwater-related damage to upstream or downstream properties as provided in the
38 remaining provisions of this section. Compliance with this standard shall be determined in
39 reference to storm events up to the 100-year storm for upstream properties and up to the
40 twenty-five year storm for downstream properties. Effects on downstream drainage
41 facilities within street rights-of--way shall also be evaluated for storm events up to the
42 twenty-five year storm.
43
44
45
1) To achieve this objective, the potential impacts on surface water quantity and
46 quality from all proposed developments requiring special use or conditional use
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 27 of 3S
2I ~ 9!1999 DRAFT'COPY OF PROPOSED NSA ORDINANCE
1 permits shall be identified and evaluated by the developer and reviewed by the
2 town engineer, staff and the environmental advisory boazd. The developer shall
3 implement mitigation measures as aze determined to be necessary by the town,
4 based upon the results of this evaluation, to prevent the predicted. impacts.
5 Potential impacts to be evaluated may include, but aze not limited to, backwater
6 effects on upstream properties, increased volumes or rates of stormwater flow,
7 offsite sedimentation, erosion and/or ground-cover loss downstream, increased
8 scouring of any downstream streambed, lowered quality of water due to the
9 pollutants carried in runoff, or any damage that materially injures the value of
10 adjoining or abutting property. The azea of study is not limited to the property
11 being developed.
12
13 (2) Prior to consideration by the permit issuing boazd, the developer shall, through a
14 qualified professional, submit a statement specifically identifying and quantifying any
15 potential negative stormwater effects the proposed development may have on upstream
16 or downstream properties or water quality. The permit issuing authority may require
17 modifications to the stormwater control plans to achieve compliance with the
18 objectives of this section. If and to the extent that the Board does not require changes
19 ~ to the stormwater control system to eliminate any potential negative effects, then such
20 negative effects shall not thereafter be regazded as "damage" for purposes of
21 subsequent enforcement of this section.
22
23
24
(3) Except as provided in subdivision (2) above, approval by the town of a developer's
stormwater control plans, and construction by the developer of the facilities as shown
in such plans, shall not relieve the developer of the responsibility of satisfying the "no
damage" standazd set forth above. If at any time prior to two years following the
issuance of a certificate of occupancy (for an unsubdivided development) or the
approval of a final plat (for a subdivision) the town determines that the stormwater
facilities planned to be installed or actually installed to meet the requirements of this
section aze inadequate, the town may require the submission of revised plans and the
installation of new, altered, or additional facilities to bring the development into
compliance. Prior to issuance of a certificate of occupancy or approval of a final plat,
the town may require the developer to post a performance bond or other sufficient
surety to guazantee compliance with this section.
(4) Except as set forth in subdivision (3) above, this section shall impose no obligation on a
developer (or any successor to the developer) to modify or .alter stormwater facilities
installed in accordance with approved plans or to construct new or additional facilities.
However, stormwater facilities shall be properly maintained so that they continue to
perform as they were designed to perform. All developments shall be constructed and
maintained so that they do not cause damage to other properties with their surface waters.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 28 of 3S
2/1911.999 DRAFT CaPY OF PROPOSED NSA ORDINANCE
SECTION 19. Article XVI is amended by adding a new Section 15-269 to read as follows:
2
3 Section 15-269 Buffers in Northern Transition Area
4
5 (a) The Board finds that:
6 (1) Soil and pollutants carried overland, primarily from roads, trails .and land
7 disturbing activities, can be effectively trapped by leaving a relatively
8 undisturbed strip of vegetation parallel and adjacent to the watercourse.
9 (2) Properly managed overland water flow can be directed into this buffer in a
10 manner that will reduce velocity and cause dispersion of the water.
11 (3) Sediments and associated pollutants carried by the water will settle out as a
12 result of this slowing and dispersion process.
13 (b) For purposes of this section, the term "Northern Transition Area" shall mean the
14 Transition Area portion of the Carrboro Joint Development Area as identified in the
15 Joint Planning Agreement.
16 (c) Development on lots within the Northern Transition Area shall, if any of the
17 watercourses identified below are located in whole or in part within the lots so
18 developed, contain a designated buffer area adjacent to such watercourses. The
19 buffer area boundaries shall be demarcated by a line connecting the points on either
20 side of the watercourse located as follows:
21
22 (1) Bolin Creek and Tributaries (permanent streams flowing into Bolin Creek)
23 as shown on the Northern Transition Area Stream Buffer Map on file in the
24 Carrboro Planning Department, which map is incorporated herein by
25 reference. Measure along a line running perpendicular to the edges of the
26 floodplain (or if no floodplain has been demarcated, the center of the stream)
27 one hundred (100) feet from the edge of the floodplain (or if no floodplain has
28 been demarcated, from the edge of the water) plus an additional distance
29 equal to
30
31 4 x slope x 100
32
33 where slope is expressed as a percentage derived from dividing by 100 the
34 rise of elevation between the floodplain boundary line (or if no floodplain has
35 been demarcated, the edge of the water) and a point one hundred (100) feet
36 from that point along the perpendicular line described above.
37 (2) Intermittent streams flowing into Bolin Creek and its tributaries as shown
3g on the Northern Transition Area Stream Buffer Map. Measure along a line
39 running perpendicular to and sixty (60) feet from the center of the
44 intermittent stream.
Page 29 of 3S
2/19/1999 DRAFT COPY OF PROPOSED NSA ORDINANCE
1 (3) Minor intermittent streams as shown on the Northern Transition Area
2 Stream Buffer Map. Measure along a line running perpendicular to and
3 thirty (30) feet from the center of the minor intermittent stream.
4 (d) Subject to subsection (e), the existing natural-vegetation in a buffer azea designated
5 in accordance with this section shall not be disturbed in any way that would reduce
6 the buffer area's effectiveness in achieving the objectives set forth in subsection (a).
7 In addition, buffer azeas from which the vegetative cover does not exist, has been
8 removed, or is inadequate shall be planted or otherwise provided with vegetative
9 cover or devices, sufficient to allow the buffer area to accomplish the objectives set
10 forth in subsection
11
12 (e) Notwithstanding the foregoing provisions, the permit issuing authority may
13 authorize the crossing of a designated buffer azea by a street, bikeway, sidewalk,
14 water or sewer line or pump station under the circumstances specified in Subsection
15 15-184(g). In addition, the permit issuing authority may authorize sewer lines to be
16 constructed within buffer azeas designated under this section under circumstances
17 where such location is practicably unavoidable if the subject property is to be
18 served under the provisions of Section 15-238(c) and an alternate design would
19 result in greater damage to the environment, so long as such sewer line is located to
20 the extent practicable at least twenty-five feet from the edge of any stream bank.
21
22
23
24 SECTION 20. Subsection 316(c) is deleted and the following subsection (c) is inserted in lieu
25 thereof:
26
27 (c) There shall be no cleazcutting in any development within the Transition Area portion
28 of the Carrboro Joint Development Area as identified in the Joint Planning Agreement. The term
29 "cleazcutting" shall refer to the lazge-scale, indiscriminate removal of trees, shrubs, and undergrowth
30 with the intention of preparing real property for nonagricultural purposes.
31
32 SECTION 21. Article XIX is amended by adding a new Section 15-312 to read as follows:
33
34 Section 15-312 Protective Buffer Along Major Roads
35
36 Notwithstanding the provisions of Section 15-308, an undisturbed protective buffer shall be
37 maintained along Old N.C. 86, Dairyland Road, Union Grove Church Road, Homestead Road, Eubanks
38 Road and Smith Level Road south of Ray Road that will help preserve the scenic views and elements of this
39 area. This buffer shall be established by measuring along a line perpendicular to the right-of--way of these
40 roads one hundred (100) feet. If the buffer area does not provide the equivalent of a Type `A' screen, the
41 developer shall provide a Type `A' screen on the development's side of the buffer (one hundred (100) feet
42 from the right-of--way).
43
44 SECTION 22. Appendix E is amended by deleting subsection E-10 (D)(9) ("Wintergreen
45 Barberry") and subsection E-10 (F)(10) ("Japanese Barberry").
~l'age 30 of 35
2/19/1999 DRAFT COPY OF PROPOSED NSA ORDINANCE
2 SECTION 23. Appendix E is amended by adding a new Section E-17 to read as follows:
3
4 E-17 List of Invasive Plant Species
5
6 The following plant species shall be prohibited when complying with the shading and landscaping
7 provisions of this chapter.
8
Akebia quinata Chocolate vine
Acer ginnala Amur Maple
Acer platanoides Norway Maple
9 All Berberis species including
Berberis julianae Wintergreen Barberry
Berberis thunbergii Japanese Barberry
10 All Cotoneaster species including
Cotoneaster microphyllus Littleleaf Cotoneaster
Cotoneaster horizontalis Rockspray Cotoneaster
Crataegus monogyna Singleseed Hawthorn
Crataegus laevigata English Hawthorn
All Cytisus scoparius Scotch Broom
Eleagnus angustifolia Russian Olive
Eleagnus umbellata Autumn Olive
Euonymus alatus Winged Euonoymus, Burning Bush
Euonymus japonicas Japanese Euonymus
Hedera helix English Ivy
11 All Ligustrum species including
Ligustrum japonicum Japanese Privet
Ligustrum lucidum Waxleaf Privet
Ligustrum vulgare European Privet
Ligustrum sinense Chinese Privet
Ligustrim x vicari Golden Vicary Privet
Lonicera maackii Bush Honeysuckle
Lonicera nitida Boxleaf Honeysuckle
Lonicera tatarica Tatarian Honeysuckle
Miscanthus sinensis Eulalia, Maiden Grass
Taxus cuspidata Japanese Yew
Viburnum opulus European Cranberrybush Viburnum
Vinca major Large Periwinkle
Vinca minor Common Periwinkle
12
13 SECTION 24. Article III is amended by adding a new Section 15-27 to read as follows:
14
15 Section 15-27 Northern Transition Area Advisor y Committee
16
17 (a) There shall be a Northern Transition Area Advisory Committee consisting of five
18 members, three appointed by the Orange County Board of Commissioners and two by the Board of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 31 of 3S
2/~ 9/1999 DRAFT. COPY OF PROPOSED NSA ORDINANCE
Aldermen. If the Board of Commissioners fails to make these appointments within ninety days after
receiving a resolution from the Board of Aldermen requesting that they be made, the Board of Aldermen
may make them. All members shall be residents of the Northern Transition Area. For the purposes of this
section, the Northern Transition Area shall include those unannexed portions of the Northern Study Area.
The Northern Study Area is defined as follows:
The boundaries of this area are Carrboro's joint planning jurisdiction line to the north and
Carrboro's Town limits to the south. The Carrboro/Chapel Hill joint planning jurisdiction
line serves as the boundary to the east. It begins north of Eubanks Road, follows Rogers
Road to Homestead, then proceeds southwest on Homestead road to High School Road
and finally turns south and east to the railroad right-of--way. A primary ridge line serves
as the northwest boundary line just east of Union Grove Church Road down to Dairyland
Road, where the road serves as the boundary heading southeast until it intersects, and Old
NC 86 serves as the boundary then turning southeast and panning along Hillsborough
Road to Greensboro Street.
(b) Members of the committee shall be appointed for three year staggered terms, but members
may continue to serve until their successors have been appointed. Initially the terms of all membership
seats on the committee shall expire on January 31, 2000. Thereafter, one county appointee and one town
appointee shall be appointed for three-year terms, one county appointee and one town appointee shall be
appointed for two-year terms, and one county appointee shall be appointed for a term of one year. All
members shall thereafter be appointed for terms of three years but shall be limited to no more than two
consecutive three-year terms.
(c) T'he same provisions that govern the removal of planning board members (Subsection 15-
21(e)) shall apply to committee members.
(d) The committee shall establish a regular meeting schedule. Minutes shall be kept of all
meetings.
(e) A quorum for the committee shall consist of three members. A quorum is necessary for the
committee to take official action.
(f) All actions of the committee shall be taken by majority vote, a quorum being present.
(g) The committee shall designate one of its members to serve as chair and one member to serve
as vice-chair. These officers shall be selected annually at the committee's first regular meeting in February
and shall serve for terms of one year unless their terms of appointment to the committee sooner expire.
Vacancies shall be filled for the unexpired terms only. The chair and vice-chair may take part in all
deliberations and vote on all issues.
(h) The committee shall have the following powers and duties:
(1) Review zoning amendment requests and special and conditional use permit
applications for developments within the Northern Transition Area and make
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 32 of 35
2/19/1999 DRAFT COPY OF PROPOSED ~VSA ORDINANCE
recommendations on the same to the boazd of adjustment or board of aldermen,
respectively.
(2) Initiate studies related to the special character of the Northern Study Area.
a) Inventory of azeas of cultural, archaeological, or historical significance.
b) Inventory of open space character and scenic qualities.
c) Inventory of agricultural uses
1. Land in Use Value
a. Horticultural
b. Agricultural
c. Timber
2. Farming as business
a. Large field crops
b. Metro farms, specialty crops
d. Inventory of biological value
1. Tree species diversity, exceptional tracts of forest land
2. Rare occurrences (i.e. Upland Depression Swamp)
3. Wildlife
a. Audubon annual bird count
b. Deer population
(3) Use the .studies above. as the basis of its development of, and recommendations for,
additional policies, objectives, goals, plans, ordinances, and administrative actions
that will preserve and enhance that special character, and relate to its growth.
(4) Develop and recommend to the Board of Aldermen policies, ordinances,
administrative procedures and other means for carrying out plans in an efficient and
coordinated manner.
(5) Track and review other studies and plans that will have an impact on the Northern
Study Area -including those of the Chapel Hill Town Council, The Orange County
Board of County Commissioners and their appointed committees -and give feedback
to the originating governing body.
(6) Meet annually with the Carrboro Planning Board for a joint planning session.
(7) Submit regular reports to the Orange County Board of Commissioners
(8) Perform other duties as assigned by the Board of Aldermen.
SECTION 25. Article XVIII is amended by adding a sentence to Section 15-291(fj as follows:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4'age 33 of 3S
2/19%1999 DRAFT COPY-OF PROPOSED ~1SA ORDINANCE
"In addition, the Board of Aldermen may authorize a reduction of up to 25 percent in the
parking requirement .when approving a Village Mixed Use Master Plan or Conditional Use
Permit or an Office/Assembly development Conditional Use Permit. Land necessary to meet
the full, presumptive, parking requirement must be identified during the plan approval
process and must be reserved should the need for additional parking arise in the future."
SECTION 26. Anew appendix (~ is added to the Land Use Ordinance. This appendix provides
examples of noise-generators.
SECTION 27. Anew section is added to Article XI, Supplementary Use Regulations, as follows:
Section 15-177 Architectural Standards for Major Subdivisions
(a) The following standards shall apply to all subdivisions of 5 or more units and shall pertain to
90% of the dwelling units in the subdivision.
(1) Porches shall span 80 percent of the front facade.
(2) Roofs shall be as follows:
a. Main roof pitch -10/12 to 12/12
b. Lower roof pitches - 3/12 to 4/12
c. Roofs shall have a minimum overhang of sixteen (16) inches on all eaves and
gables.
(3) Clapboard or shingle siding shall have a four and a half to five and ahalf--inch
exposure.
(4) Windows shall have a vertical to horizontal proportion of not less than two to one.
(5) Trim details -Columns, vents, gables, and other details should reflect details in the
"Village Mixed Use and Affordable Housing Vernacular Architectural Standards."
(Section 15-141.2).
(6) Any chimney must be located within the body of the house.
(7) Garage doors shall be nine (9) feet wide or under. Door shall not face the street.
SECTION 28. All provisions of any town ordinance in conflict with this ordinance are hereby
repeals.
SECTION 29. This ordinance shall become effective upon adoption.
THE FOREGOING ORDINANCE, HAVING BEEN SUBMITTED TO A VOTE, RECEIVED THE FOLLOWING VOTE
AND WAS DULY ADOPTED THIS DAY OF ,1998.
AYES:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 34 of 3S
2/19/1999. DRAFT COPY OF PROPOSED NSA ORDINANCE
1 NOES:
2 ABSENTlEXCUSED:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.Wage 35 of 35
Wednesday, May 12
Senior Day at University Mall 9:30 a.m. - 2:00 p.m. Information and Health Screenings,
entertainment, giveaways, and more.
Beginning Watercolor Class -Chapel Hill Senior Center 9:30 a.m.
Blood Pressure Check -Chapel Hill Senior Center 10:45 -12:00 noon
Wellness Wednesdays Luncheon -- "Cholesterol, Get the Low Down," Joe Largo, P.A. exercise
physiologist, Diabetes Caze Center, UNC Hospital -Chapel Hill Senior Center 11:30 a.m.
Line Dancing - Canrboro Senior Center 1:00 p.m.
Contract Bridge Group -Hillsborough Senior Center 1:00 p.m.
Games Day - Northside Senior Center 1:00 p.m.
Second Wind Pulmonary Support Group -Chapel Hill Senior Center 4:00 - 6:00 p.m.
Thursday, May 13
Swing into Movement -Chapel Hill Senior Center 8:30 a.m.
Basics of Bridge Class -Chapel Hill Senior Center 9:30 a.m.
Line Dancing Class -Hillsborough Senior Center 9:30 a.m.
Introduction to Computers -Chapel Hill Senior Center 9:30 a.m.
Senioc Art Show opens at the Chapel Hill Senior Center. Please join us for an opening reception at
3:00 p,m,
AARP Meeting -What is Normal Aging? What Way Can We Reduce Its Impact? -Hillsborough
Senior Center 11:30 a.m.
Fibromyalgia Support Group -Chapel Hill Senior Center 2:00 p.m.
AARP -Chapel Hill Senior Center 2:00 p.m.
Beginning Ballroom Dancing Class -Chapel Hill Senior Center 5:30 p.m.
Potluck Dinner with entertainment by "Orientale Expressions," a Middle Eastern Dance Troupe -
Chapel Hill Senior Center 5:30 p.m.
Bobbin Lacemaking Group -Chapel Hill Senior Center 7:00 p.m.
Friday, May 14
Salli's Senior Workout Class -Chapel Hill Senior Center 9:00 a.m.
Potpourri Luncheon Series -Chapel Hill Senior Center 11:30 a.m.
Chess Group -Chapel Hill Senior Center 12:00 noon
Sarah west Social Contract Bridge Game -Chapel Hili Senior Center 1:00 p.m.
SENIOR CENTER WEEK
May 9 -15,1999
The following is a sampling of the programs offered at the Orange County Senior Centers for the week
of May 9. To get a complete listing of the events, please consult the Senior Times, the bi-monthly
publication of the Orange County Department on Aging.
Monday, May 10
Aerobics Class - Northside Senior Center - 8:30 a.m
Nutritious Breakfast and Program - "Healthy Habits to Halt High Blood Pressure," presentation by
Karen Seifert, RD, MPH - Northside Senior Center 10:30 a.m.
Chinese Brush Painting Class -Chapel Hill Senior Center 9:00 a.m.
"Safer Seniors" presentation by Joe Geoghegan - Carrboro Senior Center 10:00 a.m.
Strength Training Class -Chapel Hill Senior Center 10:15 a.m.
Presentation on N.C. College Vision Fund -Chapel Hill Senior Center 2:00 p.m,
AARP's Trip to the Durham Bulls Game -Hillsborough Senior Center 3:00 p.m.
Senior Art Show opens at the Chapel Hill Senior Center. Please join us for an opening reception at
3:00 p.m.
Lip Reading Made Easy Class -Chapel Hill Senior Center 4:00 p.m.
T'ai Chi Class -Chapel Hill Senior Center 6:45 p.m.
Tuesday, May 11
Breakfast with the Guys -Chapel Hill Senior Center 8:30 a.m.
Rug Hooking Class -Chapel Hill Senior Center 9:30 a.m.
Blood Pressure Check -Hillsborough Senior Center 9:30 a.tn.
Creative Crafts Class - Carrboro Senior Center 9:45 a.m.
Feldenla'ais Method Class -Chapel Hill Senior Center 10:15 a.m.
Golden Age Happy Circle Club Meeting - Northside Senior Center 10:30 a.m.
CholesteroUGlucose Screening - Northside Senior Center 9:00 a.m.
Senior Center Cinema -Chapel Hill Senior Center 1:04 p.m. "Kitty Foyle"
Social Duplicate Bridge -Chapel Hi115enior Center 1:00 p.m.
Drop-in Table Tennis Game -Chapel Hill Senior Center 2:00 p.m.