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HomeMy WebLinkAboutAgenda 04-20-1999 - 9d'+~" ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. q •~ ACTION AGENDA ITEM ABSTRACT Meeting Date: Apri120, 1999 SUBJECT: PROPOSED AMENDMENTS TO THE CARRBORO LAND USE ORDINANCE RELATED TO Il~LEMENTATION OF THE FACILITATED SMAi.T. AREA pT.Arr DEPARTMENT: PLANNING PUBLIC HEARING: (Y/1~ ATTACHMENT(S): See next page for attachment outline INFORMATION CONTACT: Craig Benedict or Gene Bell TELEPHONE NUMBERS: - -eat. Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 2592/2589 PURPOSE: Additional consideration and decision of 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 Carrboro 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. Carrboro planning staff will address the primary issues noted on the Outline of Major Issues on Apri120. Orange Countp planning staff will address the secondary issues which have been resolved by exchange of information about existing and proposed ordinances. The attached response from Carrboro addresses the secondary issues. FINANCIAL IIVI)~ACT: None. RECOMMENDATON(S): The Administration recommends that the Boazd reach a decision on as many aspects of the ordinance as possible. Any remaining issues can be concluded on May 4 before the review extension deadline of May 14, 1999. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 20,1999 SUBJECT: PROPOSED AMENDMENTS TO THE CARRBORO LAND USE ORDINANCE RELATED TO IMPLEMENTATION OF THE FACILITATED SMALL AREA PLAN ATTACHMENT OUTLINE PAGE 1. Outline of Major Issues (New Material) 3 2. County Attorney Mazch 30, 1999 Letter 4-6 Regazding Conditional Use as Master Planning 3. Excerpts from Carrboro Land Use Ordinance 7-12 Regazding Major Issues 4. Carrboro Planning Staff April 13, 1999 Response Report 13-17 To Orange County Planning Report of March 20, 1999 (New Material) PREVIOUS MATERIAL 5. Orange County Planning Staff March 20, 1999 Report 18-24 Regazding A) Northern Study Area Plan -Ordinance Consistency B) Northern Study Area Plan -Recommendations Not Reflected in Ordinance 6. Cazrboro Planning Staff Mazch 16, 1999 Report 25-28 Report Regarding Northern Study Area Implementation Ordinance _, Carrboro Northern Study Area Outline of Major Issues I. Primary Issues A. County Involvement in the Development Review Process (see attached letter from County Attorney) 1. Conditional Use Process (Section 15-141.2(b)(g)(2)(4) 2. Master Planning Process (Section 15-141.2(g)(1)(2)(3)(Sx6) B. Office/Assembly (O/A) District (minimum size) (Section 15-36(11)) C. Village Mixed Use (VMiJ) Districts 1. Density 2. Location II. Secondary Issues A. Greenway Connectivity -Through Rural Buffer into County Plan B. Transportation Plan - To Support Villages C. Park Master Plan -Dedication Requirements III. Future Issues A. Transfer of Development Rights (TDR) 3 -, 4 ` i.nw oFFCCEs COLEMAN, GLEDHILL & HARGRAVE A PROFESSIONAL CORPORATION 129E TRYON STRFSI P. O. DRAWER 1529 HQ.LSHOR000H. NORTH CAROLII~A 27278 919.732.21% 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 Commissioners Carolina 27278 FROM THE DESK OF GEOFFREY E. GI.EDHII.L RE: Implementation of Recommendation of the Small Area Plan for Carrboro's Northern 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 3, 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 a 5 Orange County Board of Commissioners 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, it appears 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 summary, 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 Commissioners and the Board of Aldermen. The difference in the two paths is 6 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. Very truly yours, GEG/lsg xc: Craig Benedict John M. Link, Jr myaocuments/bdofcomZ7.ltr. ry 1 HARGRAVE, P.C. The office assembly conditional use district process in the NSA ordinance does not include a master plan concept. EXCERPTS OF MAJOR ISSUES 7 1 areas shall be designated as open space. 2 3 (d) Subsection 15-198(8) is amended to read as follows: 4 5 (g) A developer shall not be required to set aside as open space under the 6 provisions of subsections (d) and (e) more than the minimum required 7 percentage of open space set forth in subsection (c). If the sum total of open 8 space otherwise required under the provisions of subsections (d) and (e) 9 exceeds forty percent of the development tract (twenty percent in the R-2 10 district), then the permit issuing authority shall allow the developer to set 11 aside a smaller area of open space under subsections (d) and (e), individually 12 or collectively, so that the developer is not required to preserve as open space 13 more than forty percent of the development tract (twenty percent in the R-2 14 district). However, if azeas that constitute primary conservation azeas have 15 not been set aside as open space, then the development plans shall otherwise 16 provide for the preservation of such areas even though they may be located 17 ~ within privately owned lots (e.g. by specifying buildable areas within 18 individual lots). Notwithstanding the foregoing, hardwood areas identified on 19 the Carrboro Natural Constraints Map that are not set aside as common open 20 space shall be preserved except to the extent that removal of such hardwood 21 trees is necessary to accommodate the permitted uses created out of land not 22 set aside as common open space. 23 24 (e) Subsection 15-198(h) is amended to read: 25 26 (h) If the area of open space required to be preserved under subsections (d) and 27 (e) does not exceed forty percent (40%) of the azea of the development tract (20% in the R-2 28 district), then the permit issuing authority may require that the developer set aside from 29 among the areas that constitute secondary conservation areas as defined above an amount of 30 open space equal to the difference between the amount of open space preserved under. 31 subsections (d) and (e) and forty percent (40%) of the development tract (20% in the R 2 32 ~~), 33 34 (f) Subsection 15-198(bx3) is amended by adding a new subsection "c" to read as follows: 35 36 (c) Areas used for the growing of crops, such as hay, com, or vegetables, if and to 37 the extent that such uses occur within an area that is subject to the control of a homeowners 3 8 association and such uses are approved by the homeowners association. 39 40 SECTION 4. l~rticle IX, Part I, is amended by adding a new Section 15-141.2 to read as follows: 4 -. Section 15-141.2 ViLlaae Mixed Use District Established 43 44 (a) There is hereby established a Village Mixed Use ('VMLn district. 'This district is established 45 to provide for the development of rural new villages ax a scale intended to continue Carrboro's small town 46 character as described in its Yeaz 2000 Task Force Report and to promote a traditional concept of villages. ~Pa~e S of 3S -.. ~...-..-..~....~._-.. 1 The applicant for rezoning to this district must demonstrate that its planning, design 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 Carrboro and its planning jurisdiction and to minimise the 6 potential for conflict between such areas and other land uses; 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 36 37 38 39 40 41 42 43 44 45 46 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 includ~cl. -, (c) As indicated in the Table of Permissible Uses, the only permissible use within a VM[J 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 ~Pags 6 of 3S 9 ~. ~ , 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 5 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 tiraffic 8 generated by the development of the tract proposed for rezoning can be 9 acconunodated without endangering the public health, safety, or welfare; and 10 11 (3) Will be served by OWASA water and sewer lines when developed; 12 13 (e) No more than 350 gross acres may be rezoned to the VMU district and no more than three 14 villages may be approved. • 15 16 (f) Nothing in this section is intended to limit the discretion of the board of aldermen to deny an 17 application to rezone property to a VMiJ district if it deternrines that the proposed rezoning is 18 not in the public interest. 19 • 20 (g) When a VMU 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 mixed use development, in accordance 24 with the following provisions. 25 26 (1) The master plan 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 locatian, 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 _ 35 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~ . How the development proposes to satisfy the objectives of and comply with 41 -- the regulations applicable to a village mixed use development as set forth in 42 Section 15-176.1 of this chapter, 43 44 f. How the development proposes to minunize or mitigate any adverse impacts 45 on neighboring properties and the environment, including without limitation 46 impacts from traffic and stormwater runoff; and • Page 7 of 35 10 1 2 4 5 6 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 36 37 38 39 40 41 42 43 44 45 46 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 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 boazd 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 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 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 penult 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. -. (5) -~f 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 penult application ~Pagt 8 of 3.5 M-.-.......~..»......._ .................... 11 1 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 36 37 38 39 40 41 42 43 44 46 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 plan. However, if the conditional use permit is approved, the board of aldermen shall be deemed to have amended the master plan to bring it into conformity with the conditional use permit. b. No conditional use permit for a village neighborhood mixed use development may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for such denial involves an element or effect of the development that has previously been specifically addressed and approved in the master plan approval process, unless (i) it can be demonstrated that the information presented to the board of aldermen at the master plan approval stage was materially false or misleading, (ii) conditions have changed substantially in a manner that could not reasonably have been anticipated,- or (iii) a basis for denial for reasons set forth in Subsection 15-54(c)(4) is demonstrated by clear and convincing evidence. (6) Subject to Subsection 15-141.2(f)(5), a master plan approved under this section may only be amended in accordance with the provisions applicable to a rezoning of the property in question. SECTION 5. Article XI, Part II is amended by adding a new Section 15-176.2 to read as follows: Section 15-176.2 Village Mixed Use Developments (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of the tract, or five acres, whichever is less, may be used for purposes permissible in the B-3T or OA districts, subject to any conditions or limitations (including limitations on the types of permissible uses) contained in the remaining provisions of~this section, the Master Plan, or the conditional use permit that authorizes the development in question. (1) Within the portion of the tract developed for commercial purposes, the regulations (other than use regulations, which are governed by the provisions immediately above) applicable to property zoned B-3T shall apply except as otherwise provided in this section or as otherwise allowed by the board of aldermen in the approval of the Master Plan or conditional use permit for the development. (2) The commercial portions of the village mixed use development shall be contained within a "storefront use area." This area shall be designed to provide a variety of :'detail shops and services to support the day-today needs of village residents and other 'fiocal residents, complemented by other compatible business, civic and residential uses in commercial-type buildings in a manner consistent with a small downtown of or central market place in the community. (3) Storefront use areas shall be located so they are easily accessible by pedestrians from as much of the residential areas as possible (preferably-within 1,500 feet - a five- ~Paga 9 of 3s 12 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 actually 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 constructed and offered for sale or rent for an amount that is consistent with the definition set forth in 7 subsection (a). 9 SECTION 7. Section 15-146 (Table of Permissible Uses) is amended by adding a new classification 10 32.000 entitled "Village Mixed Use Development" and by adding the following language across the table 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 SECTION 8. Section 15-136 is amended by adding a new subsection (11) to read as follows: 15 16 (11) O/A CU Office/Assembly Conditional Use. This district is identical to the O/A district and 17 shall be subject to all regulations applicable to the O/A district (including but not limited to 18 the performance standards set forth in Part 1 of Article X17 except as follows: 19 20 a_ This district shall be a conditional use district authorized under N.C.G.S. 160A-382. 21 As such, property may be placed within this district only in response to a petition by 22 the owners of all the property to be included. 23 24 b. There shall be no minimum size for this district and no single, contiguous tract in 25 ~ excess of five (5) acres may be rezoned to a O/A CU district. No more than twen - ri 26 five (25) acres may be rezoned to the O/A CU. 27 28 c. As indicated in the Table of Permissible Uses, the only permissible use within an O/A 29 CU district is an offce/assembly planned development, and an office/assembly 30 planned development is permissible only in an O/A CU district. 31 32 1. The applicant for an offce/assembly planned development conditional use 33 permit shall specify which of the use classifications generally permissible 34 with an O/A district the applicant wants to make permissible within the 3 5 -proposed O/A CU district. 36 37 2. Once a conditional use 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 without need for additional zoning, special use, or 41 conditional use permits, so long as such use or occupancy is consistent with 42 the approved conditional use permit including limitations on permissible use 43 classifications approved pursuant to subsection 1 above or other conditions or ~ limitations imposed as conditions pursuant to Section 15-59. 45 46 3. Uses within the O/A CU district shall be limited to those where loading and Page 21 of 3S APRIL 13, 1999 REPORT TOWN OF CARRBORO PLANNING STAFF RESPONSES TO ORANGE COUNTY PLANNING STAFF COMMENTS "PLAN RECOMMENDATIONS NOT REFLECTED W PROPOSED ORDINANCE AMENDMENTS" O.C. NSA Plan Comment/Content/ Response (NSA Ordinance Section Reference is underlined, if applicable) Comment Section ~, Page # Issue/Goal 1 1 - 6 Improved This idea is addressed m the draft NSA Ordinance, Sections 2 and 3. Section 2 Qurantity/Quality of establishes a net density procedure per implementation measure 1.1. Section 3 Conservation Lands establishes a procedure that conserves primary conservation azeas, regazdless of the extent to which a property is constrained, and specifies additional ranked categories of secondary conservation azeas. t t b Kequire conservation This idea is addressed in ordinance Sections 3 and 17. Section 3 addresses this lands to interconnect. issue in a broad fashion in that it identifies required open space categories and where these aze preserved on adjacent parcels of land, they will by necessity be interconnected. Section 17 includes 14 objectives that preliminary development plans (for all subdivisions greater than 5 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 lazger, 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 standazds allow development as noted. se llus 111ustratlon was group as an example of a scale mixed-use type of development. To the extent possible, the concept is incorporated into the VMU, however, only a 5-acre commercial azea would be permitted and a central green of 12 acres in size would make it difficult to provide peripheral, contiguous open space, as described in Section 5. 5 5 58 Attract developers who This idea is expanded upon within the text of the measure, as follows: "Developers have successfully built of these mixed-use, village-style azeas, as well as other potential developers, could mixed=use and Clustered be approached by Carrboro officials." It did not seem necessary or appropriate to developments. include this measure within the Land Use Ordinance, although the Boazd of Aldermen could adopt a resolution affirming their desire/interest in contacting developers. 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 aze not allowed under NC Constitution and expedited permitting is typically a procedural matter. 7 5 59 Prohibit land uses and Carrboro Land Use Ordinance is centered on a table of permissible uses (TPU). activities that would use New, non-residential uses that will be allowed in the study area aze based on those large quantities of water. allowed in the Transition Area Business (B-3-T) and Office/Assembly (O/A) zoning districts. Penmitted uses in these zones that might require large quantities of water include manufacture/assembly, skating rinks and swimming pools, and Laundromats. 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 S 60 Provide "model" This measure is addressed by existing and proposed ordinance provisions. Section standards for the layout 17 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 azeas Facilities and 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) aze 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 aze not otherwise protected (stream buffers, floodways/plains). l 0 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 Planning Staff Response to OC Staff Comments -Plan Recommendations Not Reflected in NSA Ordinance Page 2 Revised - 04/13/99 ~ ~ O.C. NSA Plan Comment/Content/ Response (NSA Ordinance Section Reference is underlined, if applicable) Comment Section # Page # Issue/Goal 11 4 62 Actively pursue Boazd of Aldermen has forwazded a request for authority to establish inclusionary enaction of legislation zoning to legislative delegation. for inclusionary zoning. - ~ ' ~ 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 Boazd 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 and CUPs must be issued unless the Boazd finds that they aze not in conformity with "plans officially adopted by the Board." Sections 15-214 and 217 specify required road connectivity. Section of the draft NSA Ordinance includes a section on roads and streets that requires interconnected streets within a VML1 and "connections to all existing or proposed through streets or collectors outside the village proper where 1 s ~ 63 Implement the Carrboro The Town adopted its Bikeways Plan 1n 1989 and all developments are subject to Bikeways Plan demonstrating 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 azeas. 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 transportation routes.. 15 6 65 Provide or increase Conditional use zoning process specified in Sections 4 and 8 provides broad incentives for leverage to a governing. board with regazd to negotiating the acquisition or use of developers to dedicate land or facilities.for public purposes. land or facilities for public pazk and Carrboro Planning Staff Response to OC Staff Comments -Plan Recommendations Not Reflected in NSA Ordinance Page 3 ~ 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 ~ : 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 greeriway system is g~eenway trail link. detailed. However, this connection will require dedication of land (or easements) that is privately held and mostly developed. o v o~ ~,onnect nomesteaa i ne uuuc or the Land m ttus segment is presently ~ not fully developed. The likely Road at Lake Hogan greeriway comdor 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. .greeriway will be designed during the development review process and that associated easements would be acquired following approval of any development. 19 6 65 Subsidiary greeriway Objective 13 in ec 'on describes the pedestrian 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 adjacent pazcels. 20 6 65 Horace Williams Tract This item is best addressed through communication with the University whenever further planning and/or development for the Horace Williams property is underway. 21 6 65 Experimental trails This item may be best addressed through development rPViPw nrnr.Prl„rPc 22 7 66 Adopt Towa-wide - Ordinance drafting committee has included architectural standazds in four sections design guidelines to of draft 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 Boazd of Aldermen's policy, recommends that developers meet with neighbors developers and existing eazly in design process. residents. 24 9 66 Measures to preserve "Vistas along entranceways to the town" aze included in secondary conservation Garrboro Planning Staff Response to OC Staff Comments -Plan Recommendations Not Reflected in NSA Ordinance Page 4 ~ Revised - 04/13/99 - a., O.C. NSA Plan CommenbContent/ Response (NSA Ordinance Section Reference is underlined, if applicable) Comment Section # Page # Issue/Goal important vistas in the areas in Section 3. Proposed VMU districts 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 Section 4, must "secure the view to prominent implemented. natural vistas." Objective 6 in Section 17 states that preliminary plans must "leave scenic views and vistas unblocked or uninterrupted, particularly as seen from i 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. 25 9 67 Farmland preservation - The establishment of the JPA and associated measures (OWASA 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 trade-off for accommodating new development within the Transition Areas. Carrboro Planning Staff Response to OC Staff Comments -Plan Recommendations Not Reflected in NSA Ordinance Page 5 ~ Revised -04/13/99 18 ' MARCH 20, 1999 REPORT Orange County Planning StatY Comments CONSISTENCY Between the Fac~itated Small Area for Carrboro's Northern Study Area and Proposed Amendments to the Carrboro Land Use Ordinance Section 2.6C of the Joint Planning Agreement requires that (w)henever Chapel hill proposes to anund the tact of its Land Development Ordinane~ and whenever Carrboro proposes to a»:end the text of its Land Use Ordnance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange county not later than thirty (30) days before the date of the public hearing on any such amendment. The agreement further states that (u)nless Orange County with the respective towns a written objection on or before the date of the public hearing on the Proposed ordnance amendment; then adoption of the amendment by the respective town shall automatically t, fled a corresponu0ng amendment to the applicable ordinance adopted by reference by Orange County as provided in Sedrion 21 G Any such objection shall be based on a deternu'nation by Orange County that the proposed amendment is inconsistent with the adopted .joint Planning Area Land Use Plan. Proposed amendments to the Carrboro Laced Use Ordinance (hereafter referred to as the NSA Ordinance) to implement the recommendation of the Facilitated Small Area Plan for Carrboro's Northern Study Area were received in the specified timeframe. The amendments consist of 29 revisions or additions to the existing ordinance comprising 35 pages; some revisions are contained in one sentence whereas others are multiple pages in length. Additional attachments include vernacular architechual standards with photographs aced illustrations. The approach to analyzing conformity of the 29 revisions with the adopted small area plan ax 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 plea. The primary intent is to identify areas needing further investigation. :'. Section 1. The article and section references corttadried iri this ordinwnce are to the Carrbom land;Use GMdinarrce. Consistent ~ Inconsistent Not Addressed Not Applicable X Comments: ~ ' Section 2. Residerttiad ~ of ma~ jor developments in certain districts Consistent X Inconsistent Not Addressed Not Applicable Comments: Formula for determining constrained lands needs to be same in plan and ordinance. 19 Section 3. Primary and secondary conservation areas '-~ Consistent X Inconsistent Not Addressed Not Applicable Comments: Section 4. ~llage~rnixed use a~rict established . Consistent X Inconsistent ~ Nat Addressed Not Applicable Comments: Section 5. Village mixed use developments Consistent X Iaconsistesrt Not Addressed Not Applicable Comments: This is the most extensive and detailed sectfon of the ordinance comprising 12 pages of text . Section 6. Residential density bonuses for cr„~`ordable housing. Consistent X Inconsistent Not Addressed Not Applicable Comments: ,. Section 7. Add "Pillage Mixed Use Development" to table of permitted uses Consistent X Inconsistent Not Addressed Not Applicable Comments: .. ~ Section & O/A CUO~ce/assembly conditional use. Consistent X Inconsistent Not Addressed Not Applicable Comments: Section 9. Add "O„~ice/Assembly Plarmed Development " to table of permuted uses Consistent X Inconsistent Not Addresses Not Applicable Comments: Section 10. Distinguishes between,general rezoning and conditional use rezor~ireg. Consistent _X Inconsistent Not Addressed Not Applicable Commens: Section 11. "C3ood Neighbor"performance standards • • Consistent X Inconsistent Not Addressed 'Not Applicable Comments: Section 12. ,=Smoke, fumed varpor~ grrse,~ ~ odors Consistent ~ Inconsistent Not Addressed Not Applicable Comments: Related to "Good Neighbor" performance standards. Section 13. Groundwater supply. Consistent X Inconsistent 'Not Addressed Not Applicable Gommeats: Related to "Good Neighbor" performance standards. 20 Section 14. Excessive illumination. ',~ Consistent X Inconsistent Not Addressed Not Applicable Comments: Related to "Good Neighbor" performance standards. . Section 15. Outdoor ilhoninatian Consistent X Inconsistent Not Addressed Not Applicable Comments: Related to "Good Neighbor" performance standards. Section 1!~ Noise. . Consistent X Inconsistent ~ Not Addressed Nat Applicable Comments: Related to "Good Neighbor" performance standards. Section 17. Site planing proceaTures for major subdivisiorr,R Consistent X Inconsistent 'Not Addressed Not Applicable Comments: . Section 1& Starmwater maragemen~ ~ ' Consistent Inconsistent Not Addressed X Not Applicable Comments: Not addressed specifically, but can be inferred from statements on natiu~al, cultiual, and scenic resource protection. Section 19. Bu,,~ers in northern transition ca*ea Consistent X_ Inconsistent Not Addressed Not Applicable Comments: Section 20. No clearcutttng. '.Consistent Inconsistent ___,_ Not Addressed X Not Applicable Comments: Not addressed specifically, but can be inferred from. stateme~rts on natural, cuhurai, and scenic resource protection. Section 21. Protective- bra„~er along major roads Consistent Inconsistent Not Addressed X Not. Applicable . , Comments: Not addressed specifically, but can be inferred from statements on nat<u~al, cuhurai, and scenic resource protection. ~ • • Section 22. Dele#on of "Wintergreen Barberry" and ",Ise Barberry „ Consistent Inconsistent Nat Addressed Nat Applicable _X Comments: _ -. _, Section 23. List of Iav~asive plant specie, Consistent Inconsistent ______ Not Addressed Not Applicable X Comments: Section 24. Northern TrarsitionAreaAdvisory Committee. Consistent X Inconsistent Not Addressed Not Applicable Comments: 21 . ~ :.... Section 25. Reduction of up to 2S percent in par~rig requirement for YMU or O/A. Consistent Inconsistent Not Addressed X Not Applicable Comments: Not .addressed specifically, but can be inferred from statements on incerrtives to commercial and office businesses that locate in neatraditional developments Section 26. Appendiac J-noise generators: Consistent Inconsistent Not Addressed X Not Applicable Comments: Related to "Good Neighbor" performance standards. Section 27. Architectural standards for major subdivision.R Consistent X Inconsistent Not Addressed Not Applicable Comments: Section 28. Provisions of any town once in conflict tivith this ordiiumce repealed Consistent Inconsistent Not Addressed Not Applicable _X~ Comments: Section 29 This ordinance e, ffective upon adoption. Consistent Inconsistent Not Addressed Not Applicable 7~ Comments: -. -~ 22 Orange County Planning Staff Commentr ~- Plan Recommendations riot Reflected in Proposed Ordinance Amendments Most recommendations in the Facilitated Small Area Plan for Carrboro's Northern Study Area are contained in Section 5 (Implementation). However, Section 1 (The Small Area Planning Process) and. Section 4 (The Recommended Small Area Plan) also contain recommendations, some of which are not reflected elsewhere. The purpose of this paper is to identify for further discussion, plan recommendations that were not cazried forward in ordinance language. Following, on asection-by-section basis is a listing of recommendations that did not carry forward in the proposed ordinance amendments: Page 6 •2. ]MPROVID QUANTITY/QUALITY 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 LAND TO Il~TI'ERCONNECT: Establish design standards for the open space in new' subdivisions so they will eveatuauy coalesce to create an interconnected network of protected lands as greenway coiridors. section 4: The Recommended Small Area Plan PaQ Floating Zones -Residential Neighborhood Mixed Use: Following discussion of the Village Mixed Use • (VM[n district, a district identified as Neighborhood Mviced Use is disaissed. Apparently it was envisioned as a step down between the larger VIVN and smaller OfficdAssembly (O/A) district. •. Page 49 ~ . • Figure 4-2 illustrates a design called "Community Mixed Use." Them is no additional description of this although it seems to fit the description of VMU. P~4~$ Measure 1.4 Amad developers who have successfully built .mixed-use and clustered developments. 23 Measure 1.5 Provide incentives to commercial and office businesses that locate ~- in neo-traditional developments. ~ ' Measure 1.7 Prohibit land uses and activities which would use large quantities of water. Measure 1.11 Provide "model" standards for the layout and maintenance of conservation areas within new subdivisions. Page 61 * Measure 3.2 Create Conservation overlay district. page 62 ** 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 Implement the Cosmector Roads Plan concept. Measure 5.2 Implement the Carrbom Bdceways Plan. ~e 64 Measure 5.5 Promote coordination between developers for the planning of bicycle, pedestrian, transit, and automobile transportation mutes. Measuue 6.2 Provide or increase incemives for developers to dedicate land or facilities for public park and recreational use. * Meas~ue 6.3 Require conservation land to i=rterconnect. * Measuue 6.4 Completing the loop -extension of the proposed greenway trail link . ' Measius 6,5 Connect Homestead Road at Lake Hogan Farms with the Bolin Creek Greeuway. * Measure 6.6 Subsidiary greenway trails -require developers of new subdivisions to lay out and construct neighborhood trails through their new developments Measure 6.7 Horace Williams tract. za Measure 6.8 Experimental trails. • Measure 7.2 Adopt town wide design guidelines to ensure that new development is harmonious with the atractive features of existing development. Measure 7.3 Develop a process for dialogue between developers and existing residents. Measure 9.1 Measures to preserve important vistas in the Study Area should be explored and implemented page 67 ** Measure 9.4 Farmland preservation work with the Cou~.y to encourage the pre.~ervation of active farmland, and to limit the conversion of farmland to developed uses outside the' Transition Areas, as a trade-off for accdmmodaxing new development within the Transition Areas. * Conservation Corridor * * Transfer of Development Rights • .-. 25 TOWN OF CARRBORO NORTH CAROLINA •'^' T A F F R E P O R T TO: BoARO of ALDERMEN FROM: PATRICIA ~. MCGUIRE, Lana Use Planner DATE: MARC~I 16, ~ 999 SLIB~ECT: NSA FACILITATED PLAI~t IMPLEMENTATIOlt - R>:vISED DRAFT ORDINANCE COPY: RoY W. WILLIFORD, Planning Dafrector BACKGROUND ~ • The policy document upon which this ordinance is based was developed over the course of nearly seven years, and involved the participatioa of approximately 200 individuals in several hundred hours of meetings, open house sessions and workshops. The process culminated in the acceptance of the facilitated plan, developed by consensus of workshop participants, by the Board of Aldetmm in the late summer of 1997 and the incorporation of the plan into the Joint Planning Area Land Use Plan by Orange County and Chapel Hill in early 1999. •. • The adopted amendments to the JPA documents retain the Transition Areas and require Orange • County and Caaboro to hold joint hearings to establish Village Mixed Use aad Office Assembly Conditional Use Zones in the Transition Areas. Planning staff of Change County and Carrboro is discussing a review procedure associated with these joint rezonings that -will minim;? duplication of staff effort and confusion on the part of applicants. • • On December 16, 1998, the Board of Aldermen held a public hearing to receive broad public comment on the substance of a proposed legislative zoning change -the adoption of "Aa Ordinance Amending the Carrboro Lend. use Ordinance to isYiplemeat the Recommendations of the Facilitated Small Area Plea for Catrbaro's Northern Study Area" The ordinance to implennent the land use provisions of the plan was prepared by a committee of citizens working with town staff Eighteen people offered their comments on the provisions of the~draft ordinance. Comments during the hearing caa be categorized into tbrce major areas: the effect of the ordinance on housing affordability and design creativity, the need to balance environmental protection with adjusted or reduced density, and the need for flexibility is the designation of hardwood areas as primary conservation areas. Following revisions to the ordinance in January and February, a revised NSA ordinance was referred m Carrboro advisory boards and Orange County. 2~ ANALYSIS • The 32-page draft ordinance includes 26 additions and revisions to the town's Land Use Ordinance. These sections addrGSS eight major issues identified in the plan: density, conservation areas, conditional use districts, mvironmmtal protection, mitigation of nonresidential development impacts, subdivision design in accordance with nattiual/significaat features, design guidelines, and advisory board rcpresmtation by Transition Area residents. As has been noted in earlier analyses, the policy origin for nearly all of the work items and ordinance components -can be clearly demonstrated. In a few cases, such as design standards, the plan. did not include specific design features or criteria. In these instances, the ordinance drafting committee identified the design components or provisions that are included in the ordinance, examples of which were provided by Planning consultant, Randall Arendt, during the facilitated meeting process. Below, Table 1. presmts~the policy origin of NSA Ordinance provisions. QiSCUSSION OF NSA ORDINANCE - R~yISiONS SINCE DECEMBER 16 Pl1BUC HEARING Since the joint review meeting and public hearing, a number of changes to the draft have been specified. These changes are listed in Table 2 below. Due to tha character of several changes, and on the advice of the Town Attorney, that Board set a public hearing on the revised TABLE 1. POLICY ANALYSIS OF NSA ORDINANCE ~ PROVISIONS • z~ ordinance for March 23,1999. However, the public hearing was continued. ~,~ TABLE 2. CHANGES INCLUDED tN FEBR[1ARY ) 9, 1999 DRAF6 COPY OF PROPOSED NSA ORDINANCE Navpnber 19,1994 ~ 1~-lyatBJ Auows remove! of hardwood trees from hardwood areas not set aside as common open space. to the extent that removal is necessary to accommodate permitb~ uses in these locations. 4 15-141.2(e) Limits VMU district to a total of 350 awes and not more thaw three villages. 5 15-176.2(ax8) Increases the maximum space that can be occupi - by sn individual commercial enterprise in a VMU _ _ to 6,000 square feet. i.+-1 /v.btV~i) 1~.GIIIOYCS SI~LD-IC1SLCa U$C$ B"O$ jne j],$[ oI ~$e.4 prohibited in the VMU commercial area. 5 15-176.2(fX4)(ex2) Modifies oo-street parking provision in commercial area so that permit issuing has greater flexibility in evaluating how parking requirement is met. 5 15-1762(fx4Xex4) Increases ma~cimum distance from a lot to off- streetparking on a separate lot from 60 to 100 feet. 5 15-176.2(f)(4xfx1) Modifies construction standard for brick or brick bordered sidewalks m indicate that they must not ~ l~-l-/6.1(Ix4xm) Modifies section to require Appearance Commission review but permit issuing. authority approval of exterior materials, windows and doors. 6 15-182.4(a) Modifies definition of affordable housing unit to . include rental unit.4 and to specify that units must remain affordable for a period of not less than 100 text a t~-13C~11xD) LnnHS WA l:U1r1S[riCL4 io a TOiar Or l~ aClCS. 8 15-136(11)(ex3) Changes tmd regarding appropriate windows in buildings c$nstructed OJAs district from "of a type commonly used in" to "of a scale and proportion . ~ ical of single family resid~ces. 18 15-263(ax2) Modifies stozmwatxr provisions, as follows: allow no stamwater related damage on upstream or downstream properties; .change ,the stoimwatm• design standard from a ten year sirnm to a twenty- five year storm; requne that developers submit statements of "potential negative stnrmwatnr effects" that, if accepted without modification, will not be regarded as stormwater related damages; and establish a two-year time period during which f . 1 .4 's tf~.r,..gwa~d`~as ar,_~1~~ ~,7~iY',!;~'i „r~•`-~ ~,,, '.~,,, ._~~'~ i. 28 ' ~; . developers will be responsible for satisfying the • "no damage" standard (except as covered by (3) above) and may be required to design and construct additional facilities to bring the development into compliance. It has bees noted that if the Board wishes to accept the change to the stormwater design standard, companion changes will be needed for Section 15- 262 and A dix I of the Land Use Ordinance. 20 15-269(b) and (c) Establishes Northern Transition ' Area stream buffer requiremeab in the text of the ordinance, • rather than through the won of as overlay zone. 24 15-27 Specifies that NTAAC submits regular reports to Orange County BOCC, that BOCC appoints 3/5 members, and that members are limited to.no more than two consecutivethree-year terms. -, -~ ~~~ ~s.•is~~~~~ea~._~r••e.~nr..,~3~nie+esr•,~re~~~r~rae..~wiwe~.:3!!R"L"L~'&.'!!~!~-1N63J~'~!1: ~+Tlt!':~.~Tt•T!S~r~+r+.~~!!R~r!+e~a<~sx y-x-99 EXAMPLE 100 ACRE VILLAGE GROSS AND ADJUSTED UNIT POTENTIAL •~4 A ~Z1 .kh rt'T' $.ti i. 1~ 1 ... '~t~ t 3-:^ `i.. ~ '' t. ~'4i. , f'v ^ ~L RFf y ~~ ~ ~ c~ ~. ~ ~ " ~ dy4~~:1 •: ©vY~}/' ',~ ~ ~ ~~1~~?`.+d w-~ -.. ice- ~.. ~n 4 j ":/ t ,+ `~1.`+~ M1 tU" s~ ~ r xR .sZ t ~' 'if- ,~ ~ ~ 'k 33"yy~ x ~ S~U~ ° :~'' 1~„ t i -K ~- ~ ~ > ~ ~ - .. ~ ~~ F Af .., ~~ _ : ' GRQS5~ .~ ~ . - S al Adjustment To ~ ~ ~ ~ ~ Roads {~15 1a~ . A JIJSTED . P ~.,~. ~ t^ tt r l x LOT MAP# ~ ~, ~? ACRES ° ZONING UN1TS;~ U B ~' ,1rn i 4% . s-a 3'K i :" ~s ~ ~ Acre ~ ~„ .: »v .. x.' ". ". frY~C.. - r.~ ; N «. . . , Y , ;~..,~ ~,~ .;F ~. . , .. , ~~O . s ~~5n~z _ ~ ,.Net Acr s , . et.Ac ..~ , ~w..UNITS.; A 40.00 R-R 40 »><><<'><> 1.79 38.21 32.48 '<':.>'><~;~.:. B 60.00 R-R ...:.: ~. ~.:~: 2.96 57.04 48.48 <>>>> `!<>'>$ TOTAL 100.00 100 »»~><»'~~ 4.75 95.25 80.96 ['> `>~«`>~>?s~BQ VILLAGE MIXED USE UNIT POTENTIAL `^ ~ `L -~r ~. ~ s ~ 'Y~t"{1C'j, eF ~' ~~++ v .j . ..... ~ K~ 'Vi`n a r~~ ' ._ ~ vLi.~ sJ~itit1 " ~ f rypa f ~ e ~ .y~ i 1 7z f ~ , ' '~''tr ~ " '` ~ ,. ~ ~ i '.PAS `~k ~~ ~ a,y r" s , .» t„vyL.~s.n .•.. ADJUSTED ~ LESS 'ti j - ~ a ~ . L ~ ~r~ ~,pARK1NG,~ t ti: ~ ] " ~~,ARKING~~ ~~, ~ ",- ^Ct :t 1 GROSS °~ ~~~ ' t ~ Village Mixed Use District `~"ACRES. ~:`~5%~° ZONING ~~.~ SQ-F~-~°= ' k~~ 4uNms :; F„~,~. .: 1 3 ;~ :« sQ 1=T it. k+ ~v1 4 `~, ~y :: SPACES -~ ~ t: ~icFT?. x ! o>=rvslrv ' . , _ ~j ,. ~ , ,,_ _ .. : . , . _.. FIVE ACRE COMMERCIAL B3-T 72,600 36 COMMERCIAL 145,200 363 RESIDENTIAL 2ND STORY COMM RESIDENTIAL 72,600 60 36,000 90 RESIDENTIAL 95.25 80.96 R-10 3,526,727 353 3.53 AFFORDABLE HOUSING gg MARKET BONUS gg REQUIRED OPEN SPACE@40% 40 REDUCED OPEN SPACE@90% 36 DEVELOPABLE ACRES 64 TOTAL HOUSING `~$ 5.89 Prepared by the CARRBORO PLANNING DEPARTMENT 4/14/99 /-~-s~ 2/14/1999 DRAFT COPY OF PROPOSED NSA'ORDINAI~CE 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 actually 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 constructed and offered for sale or rent for an amount that is consistent with the definition set forth in 7 subsection (a). 9 SECTION 7. Section 15-146 (Table of Permissible Uses) is amended by adding a new classification 10 32.000 entitled "Village Mixed Use Development" and by adding the following language across the table 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 SECTION 8. Section 15-136 is amended by adding a new subsection (11) to read as follows: 15 16 (11) O/A CU Office/Assembly Conditional Use. This district is identical to the O/A district and 17 shall be subject to all regulations applicable to the O/A district (including but not limited to 18 the performance standards set forth in Part 1 of Article XI) except as follows: 19 20 a. This district shall be a conditional use district authorized under N.C.G.S. 160A-382. 21 As such, property may be placed within this district only in response to a petition by 22 the owners of all the property to be included. 23 24 b. No more than twenty-five (25) acres may be rezoned to the O/A CU. 25 26 27 28 c. As indicated in the Table of Permissible Uses, the only permissible use within an O/A 29 CU district is an office/assembly planned development, and anoffice/assembly 30 planned development is permissible only in an O/A CU district. 31 32 1. The applicant for anoffice/assembly planned development conditional use 33 permit shall specify which of the use classifications 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 use 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 without need for additional zoning, special use, or 41 conditional use permits, so long as such use or occupancy is consistent with 42 the approved conditional use permit including limitations on 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. Uses within the O/A CU district shall be limited to those where loading and . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21 of 35 Apr-15-99 01:57P Town of Carrboro 919 968 7737 P.O1 g~ ~~r~y~ TOWN OF CARRBORO NORTH CAROLINA FAX 7RAN$MITTAL TO: Craig Benedict, Planning Director, Orange County PLANNING DEPARTMENT 644-3004 FROM: Patricia 7. McGuire, Land iJse Pl DATE: April 15, 1999 SUBJECT: NSA Ordinance -Supplementary Information ~- ~~ In follow-up to our meting on Tuesday of this week, we submit the following for your review and use in discussing the NSA Draft Ordinance with the $oard of County Commissioners on Apri120th. Included are: 1) Table illustrating development options on a 100-acre site under existing, proposed, and village development options. 2) Copy of a memorandum to Bob Morgan, Town Manager, comparing the master plan anti conditional use permit information requirements. If you have any questions or need additional information, please don't hesitate to call. TOTAL NUMIitElt OF PAGES (including this sleet) ~ 8 Pl9nning 4epartrnent • Planning Division 301 West Mein Street. Canfioro, NC 27510 • (919) 96&7714 • FAX (919) 968-7737 . TDD (919) 988-7717 AN EQUAL OPPORTUNITY EMPLOYER EXAM P L E 100 ACRE VI LLAG E GROSS AND ADJUSTED UNIT POTENTIAL D 0 r V 0 F 0 fi n a 0 0 Prepared by the CARRBORO PLANNING DEPARTMENT 4!14189 rn V W V 0 N VILLAGE MIXED USE UNIT POTENTIAL Apr-15-99 01:58P Town of Carrboro 919 968 7737 P.03 TOWN OF CARRBORO NORTH CAROLINA STAFF REPORT TO: Robert W. Morgan, Town Manager FROM: Patricia J. McGuire, Land Use DATE: April 15, 1999 SUBJECT: Comparison of Master Pian and CUP Information Requirements Bac round As presently drafted, the NSA Ordinance includes the procedural requirements for the approval of Village Mixed iJse districts/developments 1;VMin. There are twc~ options, a joint rezoning/master plan approval prcx:ess, and a joint rewning/conditional use permit approval process. Minimum requirements, including both graphical representations and text, for the master plan option aze spelled .out in the draft ordinance. Minimum requirements for conditional use permit`s are included within the text of the current Land Use Ordinance. During the March 30'~ meeting with the Board of County Commissioners to review the provisions of the draft NSA Ordinance, concern was expressed regarding the proposed master plan option for the appmval of village mixed use developments. The particulaz concern was that under this process, the Board of County Commissioners would only participate in the master plan rezoning portion of VMU approval and that the Town would solely review and approve the conditional use permit application that would still be required. There was particular concern expressed that this would curtail the role of the Gonuttissioners in the conditional use permit approval process, during which additiwnal details and specifications associated with a project's design might be introduced. A letter from County Attorney, t3eoff Gledhill, rv the members of the Board of County Commissioners outlines these concerns (Attachment A). Analysis It has been conveyed to staff of the Plannigg Department that Town of Carrboro Alderman Joal Hall Broun suggested a comparison of the two processes might he illustrative in further evaluation of this issue. Following are a few general commentti about these processes, followed by the comparison of specific requirements. Planning Department. Planning Division 301 West Main Stnst, Carrboro, NC 27310 • {919} 968-7714 • FAX (p19) 96&7737 • TDD (919) 968-7717 AN EQUAL OPPORTUNITY EMPLOYER ' Apr-15-99 01:58P Town of Carrboro 919 968 7737 P.04 Memo re_ Comparison of VMtI Master Plan and CUP Information Requirements k'age 2 04/1 S/99 It should first be noted that at the time the approval process for VMU developments was initially developed, it had been proposed that Carrboro would have sole authority for approving the VMLJ conditional use rezonings. This wac proposed due to the staff's interpretation that a dual approval process would significantly hinder the development community's interest in the village option. Amendments to the Joint Planning Agreement and Joint Planning Area Larxi Use Plan that would grant Carrboro sole authority for the conditional use rezonings were forwarded to the mint Public Hearing on April 8, 1998. Once the JPA amendments were approved, the Commissioners were not expected W participate in this process in any way. As was established in the final versions of the JPA amendments, both Orange County and Carrboro will participate in the joint rezoning to VMLJ districts. in addition, while the rezoning/master plan approach would result in the Board of Aldermen independently reviewing the conditional use permit application, any development application relating to land within the Transition Area would be subject to the courtesy review provisions of the Joint Planning Agreement. Second, the specified requirements represent the minimum information that may be required for the review and approval of a VMU under either of the two approaches. Both the Board of County Commissioners and the Board of Aldermen, as needed to evaluate any development proposal may require additional information. Comparison of information Requirements Direct comparison of the application requirements for the twa procedures is somewhat awkward since these requirements are presented in different formats. Master Plan requirements arc basically descriptive although they do include both specific requirements and broad statements. The CUP requirements are listed and aze therefore both extensive and specific. Upon review, the similarities between the two sets of requirements become clear and denote the amount and specificity of information that will need to be supplied in support of any development application. The table on the following page presents, verbrttlm, the requirements for the master plan and, in swnmary farm, the comparable requirements for the CUP. Comments are included to explain or expand on the content of a particular requirement. Planning Departmern • Planning Division 3os Wrat Moir- Sheet, Ganporo, NG 27510 • (918) 96&771a • FAX (819) 968.7737 • TDD (919) 96i~7717 AN EQUAL OPPpRTUNITY EMPLOYER . Apr-15-99 01:59P Town of Carrboro 919 968 7737 P.05 Memo re: Comparison of VMU Master Plan and CilP lniormation Requirements Page 3 (k]! 15/99 Master Plan Application Requirements CUP Application Requirements (found in (found in NSA Ordinance, Section 4, Carrboro Land Use Ordinance, ordinance reference under Item refers to Appendix A) .____ ro location in LUO) ~ _ Item ~x Cantent/Comment Ttcm >T Conteat/Co»tmeat 15- Comlrination of graphic means and text A-2 Written application and development site 141,2(f) (including pn>pose<1 conditions to be A-3 plans. (1) included in conditiintal use permit CUP) . No similar rryurrements although it will hi necessary A-4 Lcx;xtion m for arrF devrlopment site plan ro utetuify the features A-5 Existing natural, man-made, and legal noted in A-S in the course of the analysis of primary features. The ordinance lists 2t) rtements and secondary conservation areas. that must, ar a minimum, be incluuded, if lecable, on the develo meal laps. 15- [.i,cation, types, and densities of A-6 Proposed changes in existing features or 141.2(f) residential uses. new fcaturx:s,tncluding dimensions 1 a locations, clcvations, utilities, and 15- [-Dealion, types, and maximum floor infrastructure. The ordinance lists 24 141.2(fj areas and impervious surface areas for elemenu that must. at a minimum, be (1}(b non-residential uses addressed on developmet site platys. ,15- location and orientation of buildings, 141.2(f) parking areas, recreational facilities, oral (l)(c) o n s ace. 15- Access anti circulation system for 141.2(f) vehicles and pedestrians. (] (d l5- Must show how the development 141.2(1) proposes to satisfy the objectives of and (]xc) comply with the regulations applicable to a village mixed use development as set forth in Section 15-176.1 _ 15- How the dcvclnptru~nl prnpi~i:s to Na sneciftr.• similar require,netyt although, u project's 141.2(f) tnlnimize or mitigate any adverse proposed method(s) of cotnpliattce with those (t)(f) impacts on neighboring properties and ordinance requirements that are designed m the ~viromncnt, including without minimizr or mitigalr advrrsr impacts (e.g. limitation impacts frrnn traffic and Screening, shading, erosion control, and stotmwaier stormwater runoff. matyagement} must be shown an the developntettt platys. Consequetuty they wrvuld be included in [hr uiremerrt [a show m ed rha-t r,~. ] 5• How the development proposes to A b 77yere is m, similar architectural 141.2(f) comply with the town's °Viliagt: Mined requirement at present, however, the (1)(g) Use Vernacular Architectural location and dimension r,f au buildings Staniiard.3." a>•ut other structures trust be shown.. No specific. similar requirement but may be inferred. A-7 Ducuments aril writtixy information in Much of this information would be needed, and addition to plans. Includes a representation therejbre could be requested, in order to evaluate a list of types of information or documents sed dive menr. that be re nested. Attachment Xc:: Board of Aldermen, Board of County Commissioners, Orange County Planning Staff Planning Department . Planning Dlvl6ion 301 West Main Street, Carrboro, NC 27510 • (810) 988-7714 . FAX (919) 96&7737 • TDD (918) 968-7717 AN EQUAL OPFOFtTUN1TY EMPLOYER