HomeMy WebLinkAboutAgenda - 03-30-1999 - 3aTOWN OF CARRBORO
NORTH CAROLINA
S T A F F R E P O R T
TO: BOARD OF ALDERMEN
FROM: PATRICIA J. MCGuIRE, Land Use Planner
DATE: MARCH 16, 1999
SUBJECT: NSA FACILITATED PLAN IMPLEMENTATION - REVISED DRAFT ORDINANCE
COPY: ROY W. WILLIFORD, 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
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 Aldermen 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 Carrboro to hold joint hearings to establish Village Mixed Use and Office
Assembly Conditional Use Zones in the Transition Areas. Planning staff of Orange County and
Carrboro is discussing a review procedure associated with these joint rezonings that will
minimize 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 "An
Ordinance Amending the Carrboro Land use Ordinance to implement the Recommendations of
the Facilitated Small Area Plan for Carrboro's Northern Study Area."
The ordinance to implement 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 can be categorized into three
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
in the designation of hardwood areas as primary conservation areas. Following revisions to the
ordinance in January and February, a revised NSA ordinance was referred to Carrboro advisory
boards and Orange County.
301 WEST MAIN STREET, CARRBORO. NC 27510 • (9191 942.8541 • FAX (9191 968 -7737 • TOO (919) 968.7717
AN EQUAL OPPORTUNITY EMPLOYER
ANALYSIS
The 32 -page draft 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, environmental protection, mitigation of nonresidential
development impacts, subdivision design in accordance with natural/significant features, design
guidelines, and advisory board representation 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. presents the policy origin of NSA Ordinance provisions.
TABLE 1. POLICY ANALYSIS OF NSA ORDINANCE PROVISIONS
C►IAT
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2
Adjusted Tract Acreage, Yield Plan
Measure 1. 1, page 55
3
Open Space Standards
Measure 1.2, page 5
4
Village Mixed Use District
Measure 1.3, page 57
5
Village Mixed Use District Design Standards,
Mixed Use Housing Denisty Bonus
Measures 1.3, 1.8; 4.2, 7.2;
pages 56, 59, 62, 66
6
Affordable Housing Density Bonus
Measure 4.2, page 62
7
Village Mixed Use District
Measure 1.3, page 57
8
Office /Assembly Conditional Use District
Measure 1.6, page 58
9-16
"Good Neighbor" Performance Standards
Measures 1.3, 1.6; pages 57 -58
17
Site Planning Procedures
Measure 1.10, page 59
18
Stormwater standards
Measure 3. 1, page 61
19
Stream buffers in NTA
Measure 3. 1, page 61 (possibly)
20
Prohibition against clearcutting
Goal 9, page 66
21
Road buffer in Northern Transition Area
Measure 9.1, page 66 (possibly)
22,23
Invasive Plants
Goal 3, page 61
24
Advisory Planning Board/Transition Area
"Process" (overall), page 7
25
Parking Provision for VMU and 0/A
Measure 1.3, page 57
26
Noise Generators
Measures 1.3, 1.6; pages 57 -58
27
Architectural Standards for MajorSubdivisions
Measures 1.8, 7.2; pages 59, 66
DISCUSSION OF NSA ORDINANCE - REVISIONS SINCE DECEMBER 16 PUBLIC 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 the character of several
changes, and on the advice of the Town Attorney, the Board set a public hearing on the revised
r
ordinance for March 23, 1999. However, the public hearing was continued.
TABLE 2. CHANGES INCLUDED IN FEBRUARY 19, 1999 DRAFT COPY OF
PROPOSED NSA ORDINANCE
(from November 19, 1998 draft)
RON
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3 15- 198(g)
Allows removal of hardwood trees from hardwood
areas not set aside as common open space to the
extent that removal is necessary to accommodate
permitted uses in these locations.
4
15- 141.2(e)
Limits VMU district to a total of 350 acres and not
more than three villages.
5
15- 176.2(a)(8)
Increases the maximum space that can be occupied
by an individual commercial enterprise in a VMU
to 6,000 square feet.
15- 176.2(c)(1)
Removes "auto - related uses" from the list of uses
prohibited in the VMU commercial area.
5
15- 176.2(f)(4)(e)(2)
Modifies on -street parking provision in
commercial area so that permit issuing has greater
flexibility in evaluating how parking requirement
is met.
5
15- 176.2(f)(4)(e)(4)
Increases maximum distance from a lot to off -
street parking on a separate lot from 60 to 100 feet.
5
15-176.2(f )(4)(f)(1)
Modifies construction standard for brick or brick -
bordered sidewalks to indicate that they must not
impede accessibility.
5
15- 176.2(f)(4xm)
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 units and to specify that units must
remain affordable for a period of not less than 100
years.
6
15- 182.4(e)
Missing text added
8
15- 136(11)(b)
Limits 0/A CU- districts to a total of 25 acres.
8
15- 136(11)(e)(3)
Changes text regarding appropriate windows in
buildings constructed 0 /As district from "of a type
commonly used in" to "of a scale and proportion
typical of single family residences.
18
15- 263(a)(2)
Modifies stormwater provisions, as follows: allow
no stormwater related damage on upstream or
downstream properties; change the stormwater
design standard from a ten -year storm to a twenty -
five year storm; require that developers submit
statements of "potential negative stormwater
effects" that, if accepted without modification, will
not be regarded as stormwater related damages;
and establish a two -year time period during which
"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 been 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 Appendix I of the Land Use Ordinance.
c) Establishes Northern Transition Area stream
buffer requirements in the text of the ordinance,
rather than through the creation of an 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 consecutive three -year terms.
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1 The following ordinance was introduced by Alderman and duly seconded by Alderman.
2
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
21 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 paying 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;
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 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 gieeiway 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
T'Ve 10
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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 minimize impacts on
5 environmental resources (sensitive lands such as wetlands, floodplam, 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 char acter, 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 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 Will
1111 - MW
28
29 e provisions of Section 15-182, when any tract of land within
30 ;'developed under circumstances requiring the issuance of
31 do 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.
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in accordance
WWW
ft dwilling unit" associated with
Set forth in q
the zoning district of the property to be developed as i , ectinin 5-182. If the development is an
architecturally integrated subdivision, then the maximum density shall be determined by dividing 85% of the
adjusted tract acreage by the "minimum square feet per dwelling unit" associated with the zoning district of
the property.
(Page 2 of 35
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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.
,u) if 'M is jug to sirved by OWAU owed waftemid sawyer lam, thm, the
dit r ' 'he yiehi plafl shall be a ebnceptu d layout
proposed lots that meet the minimum lot size
requirements of the distrlet where the property is'located, streets, easements, and other pertinent features)
that WWd be &N*J%Jdd ia ' in udancaee Vft ,tbe ha"isiooa of ft mar.
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 the ftR be, r e tinder the
t lsc d nth an' _.. �r ru rir i it
serge & The aplicatit shall submit evidence (in the form of a preliminary` soils evdusdan. $vm 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 a three- 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.
SEcnoN 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:
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(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 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 areas, then such
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gage 4 of 35 .. ........»».......».»»..........
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 distri ct), 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 areas that constitute primary conservation areas 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 area 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 district).
33
34 (fl Subsection 15- 198(b)(3) 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, corn, or vegetables, if and to
37 the extent that such uses occur within an area that is subject to the control of a homeowners
38 association and such uses are approved by the homeowners association.
39
40 SECTION 4. Article 1X, Part I, is amended by adding a new Section 15 -141.2 to read as follows:
41
42 Section 15 -141.2 Village Mixed Use District Established
43
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.
.»..»». »... ». »...».. ».». »»»»». »......» »»»......»»......... gage 5 of 35
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, seenic vistas, agricultural lands and natural resources
5 within the Town of Carrboro and its planning jurisdiction and to minimize the
6 potential 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.
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 manner.
18
19 5. 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.
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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.
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29 8. A recognizable, functionally 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 VMU district shall be a conditional use district authorized under N.C.G.S. 160A-382.
39 As such, property may be placed within this district only in response to a petition by the owners of all the
40 property to be included.
41
42 (c) As indicated in the Table of Permissible Uses, the only permissible use within a VMU district
43 is a village mixed use development, and a village mixed use development is only permissible within a VMU
44 district.
45
4.6 (d) Property may be rezoned to the VMU district only when the property proposed for such
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rezoning:
(1) Comprises at least fifly, 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 properly 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, parldng 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
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g. How the development proposes to comply with the town's "Village Mixed
3
Use and Affordable Housing Vernacular Architectuml Standards."
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(2) The planning board, Northern Transition Advisory Committee, Appearance
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Commission, Environmental Advisory Board, Transportation Advisory Board (and
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other advisory boards to which the board of aldermen may refer the application) shall
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review the proposed master plan or conditional use permit application at the same
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time it considers the applicant's rezoning request. In response to suggestions made
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by the planning board (or other advisory boards), the applicant may revise the master
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plan or conditional use permit application before it is submitted to the board of
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aldermen.
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(3) If the applicant submits a proposed master plan (rather than a conditional use permit
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application) with the VMU rezoning application, then:
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a. The rezoning application and master plan proposal shall be reviewed
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concurrently by the board of aldermen according to the same procedures and
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in accordance with the same standards applicable to ' other zoning
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amendments; and.
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b. The Board may not, approve the VMU rezoning application unless it
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simultaneously approves the master plan for the development of the property,
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subject to such reasonable modifications and conditions as the Board may
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impose in the exercise of its legislative discretion.
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(4) If the applicant submits a.conditional use permit application (rather than a proposed
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master plan) with the VMU rezoning application, then:
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a. The rezoning application and conditional use permit application shall be
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reviewed concurrently by the board of aldermen according- to the same
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procedures and in accordance with the same standards applicable to other
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conditional use permit applications; and
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b. The Board may not approve the VMU rezoning application unless it
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simultaneously approves the conditional use permit application for the
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development of the property, which conditional use permit may be approved
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subject to reasonable conditions and requirements as set forth in Section 15-
39
59.
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(5) If a VMU rezoning 'application is approved with a master plan (rather than a
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conditional use permit), approval of the master plan under this section does not
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obviate the need to obtain a conditional use permit for the village mixed use
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development in accordance with the provisions of Section 15 -176.1 of this chapter.
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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 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 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 board 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 SKMON 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 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 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
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 are easily accessible by pedestrians from
46 as much of the residential areas as possible (preferably within 1,500 feet — a five-
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I
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)
Parking 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 areas, the additional vehicle accommodation area required to
14,
accommodate such residential uses shall not be treated as commercial area 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 park, green, or square, which area may be credited as part of the open space
19
required of the development.
20
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(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 board 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 are 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
Page 10 of 35
I ranges shall be intermixed rather than segregated
2
3 a. The development shall contain an area known as a. "townhouse use area."
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 1. Office, as an accessory use, or for not more than 2 full -time employee
35 equivalents.
36
37 (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 areas:
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, 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.
19
20
(3)
There shall be a main village green, which shall be centrally located in close
21
proximity to the storefront area 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 park.
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 parks
26
shall be no less 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 15 -198 together with the areas
31
required to be set aside under this subsection exceed forty percent of the mixed use
32
development, then the board 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
15 -198 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
(f) 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
44
of the land.
45
46
b. The core of the village shall be distinguished from the peripheral, contiguous
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open space by a well- 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 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 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 (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 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.
41age 13 of 3S
1
d.
Each block which includes storefront and narrow frontage townhouse lots
2
shall be designed to include an alley or small clusters of parking, with service
3
access in the rear. Blocks of wide frontage townhouse lots need not be
4
designed to include an alley and rear parking.
5
6
e.
Similar land use types shall generally front one another while dissimilar land
7
use types shall generally abut along alleys or rear parking.
8
9
f
Lot layout, path and sidewalk design shall ensure pedestrian access to each
10
lot
11
12
9-
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 similar 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
17
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 standards of this chapter and any other
26
applicable standards. 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 are as follows: Front = no minimum required-, maximum
38
-is 15 feet; Rear = 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.
Parking 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 off-street parking shall generally be to the side or the
46
rear, or located within internal parking areas not visible from the
(Page 14 of 35
I
street.
2
3
2. The permit-issuing authority may allow on-street parking spaces along
4
the front property line' (except where there are driveway cuts) to be
5
counted toward the minimum number of parking spaces required for
6
the use on that lot
7
8
3. On-street parking space shall be designed as either parallel to the curb
9
on both sides `of the street or diagonal to the street on the storefront
10
side with landscaped breaks serving the pedestrian alleyways.
11
12
4. Off —street parking may be located within 100 feet (measured along a
13
publicly accessible route) from the -lot containing the use to which the
14
parking is accessory, if the lot containing the parking is owned or
15
leased to the owner of the principal use, or if the lot containing the
16
parking is dedicated to parking for as long as the use to which it is
17
accessory shall continue, and it is owned by an entity capable of
18
assuring its maintenance as accessory parking.
19
20
f. All public sidewalks and walkways shall:
21
22
1. Be constructed of brick or concrete with brick borders in such a way
23
that they do not impede accessibility.
24
25
1 Be no less than six feet in; and
26
27
3. Create a completely interconnected network of pedestrian walkways
28
throughout the storefront use and townhouse use areas.
29
30
9. All storefront and townhouse use areas shall contain the following:
31
32
1. At least one trash can of approved design in each block,
33
34
2. Public beaches of approved design at bus stops, green spaces, and at
intervals of no greater than 50 feet on each block; and
36
37
3. At least one bike rack on each block.
38
39
h. All new construction shall be of similar scale and massing to small-scale,
40
historic buildings in downtown Carrboro.
41
42
i. An roofs shall be topped with low-pitched roofs with articulated parapets and
43
cornices, or pitched roofs where fascias are emphasized and any roof dormers
44
are fimctional.
45
46
j Storefront buildings shall:
Tage is of 3S
2
1. Include show windows on the ground level. Storefront windows are
3
to be large and traditional in appearance _and are to include low sills
4
and high lintels.
5
6
2. Articulate the line between the ground and upper levels with a cornice,
7
canopy, balcony, arcade, or other visual device.
8
9
3. Include lighting in show windows, which is in conformance with other
10
lighting regulations, herein;
11
12
4. Project lighting on the sidewalk from about eight feet in conformance
13
with other lighting regulations herein,
14
15
5. Present the principal entrance to the sidewalk Alternatively, if the
16
principle entrance faces onto an interior courtyard, the entrance to the
17
courtyard must be presented to the sidewalk
18
19
k. The facade of storefront buildings may be separated from the sidewalk surface
20
by a landscaped strip of no greater than three feet, except as necessary to
21
accommodate open-air, food service establishments.
22
23
L The construction of open colonnades over a sidewalk adjoining storefront
24
buildings may be permitted subject to an appropriate easement over the public
25
right-of-way.
26
27
ni. Materials in the exterior of buildings surrounding the greens shall be limited
28
to a diversity of brick textures and colors, with wood being subject to the
29
review of the Appearance Commission and the approval of the permit-issuing
30
authority. Awnings are encouraged. Commercial grade windows and doors
31
shall be used, with wood encouraged and other materials being subject to the
32
review of the Appearance Commission and the approval of the permit-issuing
33
authority.
34
35
n. All signage shall:
36
37
1. Be affixed to building fagade, canopy, or arcade;
38
39
2. Be located within the first story limit;
40
41
3. Be visible to both pedestrians and drivers;
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43
4. Contain visual street numbers for each building; and
44
45
5. Utilize liglibrig conforming to applicable regulations.
46
elage 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 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.
CI 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 (ADIJ) per
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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 -stmt 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. h4inimize 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 X N of this chapter.
e. Sidewalk widths shall be at least six feet in retail/commercial areas, and at
least five feet in residential, as well as townhouse, areas.
Page 18 of 3S
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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.
(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 comer 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 3 112 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
Ovage 19 of 35
landscaping such as in village greens, parks, and squares shall be addressed.
2
3 g. The developer shall be required to post a suitable performance bond to ensure
4 that any tree that dies within eighteen (18) months of planting shall be
5 replaced with the same species and size, and that any tree shall be well
6 maintained, i.e., irrigated and fertilized, for a total of thirty-six (36) months
7 from time of planting. If trees are removed, they shall be replaced with trees
8 of similar size and function.
9
10 SECTION 6. Article )M is amended by adding a new Section 15-182.4 to read as follows:
11
12 Section 15-182.4 Residential Density Bonuses for Affordable Housing_
13
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."
27
28 (b) The maximum residential density permissible within a development whose maximum density
29 would otherwise be determined in accordance with the provisions of subsection 15-182.3(b) shall be
30 increased by two dwelling units for every one affordable housing unit included within the development, up
31 to a -maximum of 150% of the density otherwise allowable. To illustrate, if the maximum density of a tract
32 would be 100 dwelling units considering only the provisions of subsection 1823(b), a developer who chose
33 to construct 10 affordable housing units as part of the development of that tact would be allowed to
34 construct 10 additional dwelling units that did not satisfy the "affordability" criteria set forth in subsection
35 (a), for a total density of 120 dwelling units. In this illustration, the maximum possible density that could be
36 achieved would be 150 dwelling units if the developer constructed at least 25 affordable housing units.
37
38 (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
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Tage 20 of 35 .»»»»..»»»»»..»...»»»..»»»»».».»»»..»..».»»... . »....»»»».»». »». »..»..»...»»..
Mar -15 -99 01:49P Town of Carrbovo 919.968 7737 P.04
` . +'•~ .Li..: i.i. L..��%+'i...• w�M����,C7..:..n.i �.,•..»:.ri.
1 (c) 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 Abasing 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 We or rent for an amount that is consistent with the definition set fortb in
7 subsection (a).
8
9 Simon 7. Section 15 -146 (1 able 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 Snm9m S. Section 15-136 is amended by adding a new subsection (11) to road a.5 follows:
15
16 (11) O/A CU Qffice/As;embly Cgndititmsl 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
is 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 authorised under N.C.G.S. I60A -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'1'able orPermissisible IJses, the only Permissible use within an O/A
29 CU district is an offma/assernbly plarmed development, and an office/assernbly
30 planned development is permissible only in an O/A CU district.
31 .
31 1. The applicant for an officelassembly 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 permiss''bit within the
35, proposed O/A CU district.
36
• 37 2. Once a conditional use - permit authorizing an officelamembly planned
38 development has been issued, then individual tenants or occupwO of the
39 spaces or properties covered by the permit may occupy or use such individual
40 spaces or properties without need for additional liming, special use. or
41 conditional use permits, so long as such use or o=pancy 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 conditioms pursuant to Section 15 -59.
45
46 3. ZJ.ses within the O/A CU district shall be limited to those where loading and
QW9 21 of 35
1 unloading occurs during daylighthours only.
2
3 d. When an O/A CU rezoning petition is submitted (in accordance with Article XX of
4 this chapter), the applicant shall simultaneously submit a -conditional use permit
5 application for an officelassembly planned development
6
7 1. The rezoning and conditional use permit applications shall be processed and
8 reviewed concurrently.
9
10 2. The board of aldermen shall simultaneously conduct a public hearing on the
11 rezoning and conditional use permit applications, in accordance with the
12 procedures applicable to other conditional use permit applications.
13
14 3. If the Board concludes in the exercise of its legislative discretion that the
15 proposed rezoning would not be consistent with the public health, safety, or
16 welfare, it may deny the application in accordance with the same procedures
17 applicable to any ordinance amendment request.
18
19 4. The Board may not approve the rezoning application unless it simultaneously
20 app roves a conditional use permit for an office/assembly planned
21 development, which permit may be issued subject to reasonable conditions
22 and requirements a set forth in Section 15-59.
23
14 e. Buildings within the O/A CU district shall comply with the following standards:
25
26 1. Exterior walls shall be constructed of materials commonly used on the
27 exterior walls of single-family residences (such as brick, stone, wood or
28 fabricated residential lap siding made of hardboard or vinyl).
29
30 .2. The pitch of the roof shall have a minimum vertical rise of one foot for every
31 two feet of horizontal run.
32
33 3. Windows shall be of a scale and proportion typical of single-family
34 residences.
35
36 SECTION 9. Section 15-146 (Table of Permissible Uses) is amended by adding a new classification
37 33.000 entitled "Office/Assembly Planned Development" and by adding the following language across the
38 table opposite this use classifications: "Permissible only in Office/ Assembly Conditional Use Districts (see
39 Subsection 15- 136(11) pursuant to a conditional use permit)."
40
41 SECTION 10. The first sentence of Subsection 15-325(1) is amended to read as follows: "Except
42 when 'the request is to rezone property to a conditional use district, the Board shall not consider any
43 representations made by the petitioner that, if the change is granted, the rezoned property will be used for
44 only one of the possible range of uses permitted in the requested classification."
45
46 SECTION 11. The title of Part I of Article M is amended to read 'Non-Residential Performance
alage 22 of 35
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Standards," and Section 15 -161 is rewritten to read as follows:
Section 15 -161 "Good NeiLyhbor" Performance Standards for Non-Reside ntial Uses
The provisions of this part are designed to provide performance standards by which applications for
non - residential development will be evaluated by the town and by which the actual performance of those
operations and uses will be monitored by the town for compliance. The purposes of these performance
standards are to protect the town in general, and abutting and neighboring landowners in particular, from any
Potential negative impacts that new nonresidential uses may have on the physical environment and on the
quality of life currently enjoyed by the residents of Carrboro's planning jurisdiction.
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 conducted, 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 harmful, offensive, or bothersome odors, scents, or
aromas (such as, but not limited to, those produced by manufacturing processes, food preparation, food
processing, fish sales, rendering, fermentation processes, decaying organic matter, and incinerators)
perceptible beyond the property line of the lot where such use is located either ' at ground level or any
habitable elevation.
(c) The location and vertical height of all exhaust fans, vents, chimneys, or any other sources
discharging or emitting smoke, fumes, .gases, vapors, odors, scents. or aromas shall be shown on the
application plans, with a description of the source materials.
SECTION 13. Section 15 -165 (Odors) is repealed and replaced with a new Section 15 -165 to read as
follows:
Section 15 -165 Ground Water Sunnly
(a) All outdoor storage facilities for fuel, chemical, or industrial wasters, and potentially harmful
raw materials, shall be located on impervious pavement, and shall be completely enclosed by an impervious
dike high enough to contain the total volume of liquid kept in the storage area, plus the accumulated rainfall
of a fifty (50) year storm. This requirement is intended to prevent harmful materials from spilling and
seeping into the ground, contaminating the groundwater.
(b) Non - corrosive storage tanks for heating oil and diesel fuel, not exceeding two hundred
seventy five (275) gallons in size, may be exempted from the requirements of this section provided that there
is no seasonal high water table within four (4) feet of the surface, and that rapidly permeable sandy soils are
Tage 23 of 35 -
1 not present.
2
3 SEMON 14. Section 15- 243 (Excessive Illumination) is rewritten to read as follows:
4
5 Section 15 -243 Excessive Illumination.
6
7 (a) Outdoor lighting (not including sign lighting) shall be controlled in both height and intensity
8 as provided in this section.
9
.10 (b) No development shall be permitted to produce a strong light or reflection of that light beyond
11 its lot lines onto neighboring properties, or onto any street so as to impair the vision of the driver of any
12 vehicle upon such street.
13
14 (c) Light fixtures may not exceed fifteen (15) feet in height, and luminaries shall be shielded or
15 configured to cast the light downward and to prevent light from shining beyond the lot lines into neighboring
16 properties or public ways. The permit issuing authority may by condition impose additional requirements as
17 necessary to prevent adverse impacts to adjoining properties and residents.
18
19 - (d) Under no circumstances may the light level at the lot line exceed 0.2 foot - candles, measured
20 at ground level..
21
22 SMMON IS. Subsection A -6 (b)(15) is amended to read as follows: "Outdoor illumination with
23 lighting fixtures sufficiently identified to demonstrate compliance with Sections 15 -242 and 15- 243."
24
25 SEcnON 16. Section 15 -163 (Noise) is amended by adding the following two sentences at the end
26 of subsection (a): "Noises that exceed the levels set forth below shall be deemed annoying or disruptive.
27 Low frequency noises shall be considered annoying and disruptive if they exceed the decibel levels set forth
28 below when measured without using an A- weighted filter, or if such noises generate a perceptible vibration
29 within structures located beyond the boundaries referenced above."
30
31 SECTION 17. Section 15 -50 is rewritten to read as follows:
32
33 Section 15 -50 Site Planning Procedures for Mai Subdivisions
34
35 . (a) Before submitting an application for a conditional or special use permit for a major
36 subdivision, the applicant shall comply with the requirements of this section.
37
38 (b) The applicant shall submit a site analysis plan drawn approximately to scale (linch = 100
39 feet) that contains the following information:
40
41 (1) The name and address of the developer,
42
43 (2) The proposed name and location of the subdivision
44
45 (3) The approximate total acreage of the proposed subdivision;
46
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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.
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(e) Following completion of the steps described in subsections (b), (c), and (d), the developer
shall submit a conceptual preliminary plan of the proposed subdivision, prepared in accordance with the
four -step process described in subsection (f). This plan shall be a preliminarily engineered- sketch plan
drawn to illustrate initial thoughts about a conceptual layout for open space, house sites, and street
alignments. This is the stage where drawings are tentatively illustrated, before heavy engineering costs are
incurred in the design of any proposed subdivision layout. The planning staff shall review this plan and
provide comment to the developer on the overall pattem of streets, houselots, open space, and the treatment
of primary and secondary conservation areas in light of the applicable requirements of this chapter.
(f) Each conceptual preliminary plan shall .be prepared using the following four -step design
process:
(1) During the first step, all primary and secondary conservation areas are identified (and
shown on the site analysis plan described in subsection (b)).
(2) During the second step, potential sites are tentatively located House sites should
generally be located not closer than 100 feet from primary conservation areas and 50
feet from secondary conservation areas.
(3) The third step consists of aligning proposed streets to provide vehicular access to each
house in the most reasonable and economical way. -When lots and access streets are
laid out, they shall be located in a way that avoids or at least minimizes adverse
impacts on primary and secondary conservation areas. To the greatest extent
practicable, wetland crossings and streets traversing existing slopes over 15% shall be
strongly discouraged. Street connections shall comply with the provisions of Section
15 -214.
(4) The fourth step is to draw in the lot lines.
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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 minimize 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 areas, where remnant tree groups provide the
14
only natural areas 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
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100 feet in depth adjacent to wetlands and surface waters, including creeks,
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streams, springs, lakes and ponds.
26
5.
Designs around existing hedgerows and treelines between fields or meadows.
27
Minimizes impacts on large woodlands (greater than five acres), especially those
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containing many mature trees or a significant wildlife habitat, or those not degraded
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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, yards, septic disposal field, etc) in
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locations where there are no large trees or obvious wildlife areas, to the fullest
35
extent that is practicable. .
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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-
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build, no- plant" buffer is recommended along the public roadway where those
39
views or vistas are prominent or locally significant. In wooded areas 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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gage 26 of 35
1 9. Designs around and preserves sites of historic, archaeological, or cultural value, and
2 their environs, insofar as needed to safeguard the character of the feature, including
3 stone walls, spring houses, barn foundations, cellar holes, earthworks, burial
4 grounds, etc.
5 10. Protects rural roadside character and improves public safety and vehicular carrying
6 capacity by avoiding development fronting onto existing public roads. Establishes
7 buffer zones along the scenic corridor of rural roads with historic buildings, stone
8 walls, hedgerows, etc.
9 11. Landscapes common areas (such as community greens), and both sides of new
10 streets with native specie shade trees and flowering shrubs with high wildlife
11 conservation value.
12 12. Provides active recreational areas in suitable locations offering convenient access
13 by residents, and adequately.screened from nearby houselots.
14 13. Includes a pedestrian circulation system designed to assure that pedestrians can
15 walk safely and easily on the site, between properties and activities or special
16 features within the neighborhood open space. system. All roadside footpaths should
17 connect with off -road trails, which in turn should link with potential open space on
18 adjoining undeveloped parcels (or with existing open space on adjoining developed
19 parcels, where applicable).
20 14. Provides open space that is reasonably contiguous, and whose configuration is in
21 accordance with the. guidelines contained in the Design and Management
22 Handbook for Preservation Areas, produced by the Natural Lands Trust. For
23 example, fragmentation of open space should be minimized so that these resource
24 areas are not divided into numerous small parcels located in various parts of the
25 development. To the greatest extent practicable, this land shall be designed as a
26 single block with logical, straightforward boundaries. Long thin strips of
27 conservation land_ shall be avoided, unless the conservation feature is linear or
28 unless such configuration is necessary to connect with other streams or trails. The
29 open space shall generally abut existing or potential open space land on adjacent
30 parcels, and shall be designed as part of larger, contiguous, and integrated
31 greenway systems, as per the policies in the Open Space and Recreation section of
32 the Town's Ordinance,
33
34 SECTION 18. Subsection 15- 263(a)(2) is amended to read as follows:
35
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 35
1
permits shall be identified and evaluated by the developer and reviewed by the
2
town engineer, staff and the environmental advisory board. 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 area of study is not limited to the property
11
being developed.
12
surety to guarantee compliance with this section.
13
.(2) Prior to consideration by the permit issuing board, 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 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 years 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 are 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
38
installed in accordance with approved plans or to construct new or additional facilities.
39
However, stormwater facilities shall be properly maintained so that they. continue to
40
perform as they were designed to perform.' All developments shall be constructed and,
41
maintained so that they do not cause damage to other properties with their surface waters.
42
Page 28 of 35
SEMON 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
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.
.._ ..............._............. �..............»....»....-...... ...............��...- �.....»... gage 29 of 35 -... � ..._........ ..............- ....- ....._. -��.
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 area 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 areas 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(8). 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
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 clearcutting 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 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 Barberrn and subsection E-10 (F)(10) ("Japanese Barberry').
cage 30 of 35
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
0
10
11
12
13
14
15
16
17
18
Akebia quinata
Acer ginnala
Acer 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 umbellata
Euonymus alatus
Euonymus japonicus
Hedera helix
All Ligustrum species including
Ligustrum japonicum
Ligustrum luciduin
Ligustrum. vulgare
Ligustrum sinense
Ligustrim x vicari
Lonicera maackii
Lonicera nitida
Lonicem tatarica
Miscanthus sinensis
Taxus cuspidata
Viburnum opulus
Vinca major
Vinca 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 Cranberrybush 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 Northern Transition Area Advisory Committee consisting of five
members, three appointed by the Orange County Board of Commissioners and two by the Board of
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1 Aldermen. If the Board of Commissioners fails to make these appointments within ninety days after
2 receiving a resolution from the Board of Aldermen requesting that they be made, the Board of Aldermen
3 may make them. All members shall be residents of the Northern Transition Area. For the .purposes of this
4 section, the Northern Transition Area shall include those unannexed portions of the Northern Study Area.
5 The Northern Study Area is defined as follows:
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8 The boundaries of this area are Carrboro's joint planning jurisdiction line to the north and
9 Carrboro's Town limits to the south. The Carrboro /Chapel Hill joint planning jurisdiction
10 line serves as the boundary to the east. It begins north of Eubanks Road, follows Rogers
11 Road to Homestead, then proceeds southwest on Homestead road to High School Road
12 and finally turns south and east to the railroad right -of -way. A primary ridge line serves
13 as the northwest boundary line just east of Union Grove Church Road down to Dairyland
14 Road, where the road serves as the boundary heading southeast until it intersects, and Old
15 NC 86 serves as the boundary then turning southeast and running along Hillsborough
16 Road to Greensboro Street.
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18 .(b) Members of the committee shall be appointed for three year staggered terms, but members
19 may continue to serve until their successors have been appointed. Initially the terms of all membership
20 seats on the committee shall expire on January 31, 2000. Thereafter, one county appointee and one town
21 appointee shall be appointed for three -year terms, one county appointee and one town appointee shall be
22 appointed for two -year terms, and one county appointee shall be appointed for a term of one year. All
23 members shall thereafter be appointed for terms of three years but shall be limited to no more than two
24 consecutive three -year terms.
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26 (c) The same provisions that govern the removal of planning board members (Subsection 15-
27 21(e)) shall apply to committee members.
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29 (d) The committee shall establish a regular -meeting schedule. Minutes shall be kept of all
30 meetings.
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32 (e) A quorum for the committee shall consist of three members. A quorum is necessary for the
33 committee to take official action.
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35 (f) All actions of the committee shall be taken by majority vote, a quorum being present.
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37 (g) The committee shall designate one of its members to serve as chair and one member to serve
38 as vice - chair. These officers shall be selected annually at the committee's first regular meeting in February
39 and shall serve for terms of one year unless their terms of appointment to the committee sooner expire.
40 Vacancies shall be filled for the unexpired terms only. The chair and vice -chair may take part in all
41 deliberations and vote on all issues.
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43 (h) The committee shall have the following powers and duties:
44
45 (1) 'Review zoning amendment requests and special and conditional use permit
46 applications for developments within the Northern Transition Area and make
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recommendations on the same to the board of adjustment or board of aldermen,
2
respectively.
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(2)
Initiate studies related to the special character of the Northern Study Area.
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a) Inventory of areas of cultural, archaeological, or Historical significance.
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b) Inventory of open space character and scenic qualities.
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c) Inventory of agricultural uses
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1. Land in Use Value
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a. Horticultural
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b. AgdCUItard
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C. Timber
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2. Fanning as business
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a. Large field crops
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b. Metro farms, specialty crops
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d. Inventory of biological value
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1. Tree species diversity, exceptional tracts of forest land
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2. Rare occurrences (i.e. Upland Depression Swamp)
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3. Wildlife
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a. Audubon annual bird count
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b. Deer population
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(3)
Use the studies above. as the basis of its development of, and recommendations for,
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additional policies, objectives, goals, plans, ordinances, and administrative actions
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that will preserve and enhance that special character, and relate to its growth.
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(4)
Develop and recommend to - the Board of Aldermen policies, ordinances,
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admkistrative'procedures and other means for carrying out plans in an efficient and
36
coordinated manner.
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(5)
Track and review other studies and plans that will have an impact on the Northern
38
Study Area — including those of the Chapel Hill Town Council, The Orange County
39
Board of County Commissioners and their appointed committees — and give feedback
40
to the originating governing body.
41
(6)
Meet annually with the Carrboro Planning Board for a joint planning session.
42
(7)
Submit regular reports to the Orange County Board of Commissioners
43
(8)
Perform other duties as assigned by the Board of Aldermen.
44
45
SECTION 25. Article XVIII is amended by adding a sentence to Section 15- 291(f) as follows:
46
(Page 33 of 35
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"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. A new appendix () is added to the Land Use Ordinance. This appendix provides
examples of noise - generators.
SECTION 27. A new 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.
repeals.
(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 a half -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
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 9 1998.
AYES:
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NOES:
ABSENT/EXCUSED:
Tage 35 of 35
Alice M. Gordon, Chair
Stephen K Halkiods, Vice Chair
Margaret W. Brown
Moses Carey, Jr.
Barry Jacobs
Orange County Commissioners
P. O. Box 8181
200 S Cameron Street
Hillsborough, NC 2 72 78
March 19, 1999
Mayor Michael R. Nelson
Joal Hall Broun
Hilliard Caldwell
Jacquelyn Gist
Diana McDuffee
Allen Spalt
Alex Zaffron
Carrboro Board of Aldermen
301 W. Main Street
Carrboro, North Carolina 27510
Dear Mayor Nelson and Aldermen:
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On February 19, 1999 Patricia McGuire transmitted to John Link
and Gene Bell proposed amendments to the Town's Land Use Ordinance
which are intended to implement the recommendations of the Small
Area Plan for Carrboro's Northern Study Area'(NSA). The transmittal
letter refers to the public hearing Carrboro will hold on March 23,
1999 on those ordinance text amendments. It also refers to Section
2.6, subsection C of the Joint Planning Agreement and its process.
The Orange County Board of Commissioners has not received an
analysis from its Planning staff concerning the proposed ordinance
text amendments. Neither has it had an opportunity to consider the
proposed amendments. The Board had hoped to receive a presentation
about the ordinance from your Planning staff and your attorney
during the March 16, 1999 Board of Commissioners meeting. However,
that presentation was not made because the related agenda item had
not been reached by 11:00 p.m. At that hour the Board members were
not able to hear a presentation concerning these complex amendments.
Further, following an opportunity to receive your Planning staff
presentation and to raise questions with your Planning staff and
your attorney, the Board of County Commissioners wants to take time
to review and discuss among its members the ordinance amendments
before taking action. At this time, based on the recommendation of
the county attorney, I anticipate that the Board of County
You Count In Orange County
AREA CODE (919) 732 -8181: 968 -4501: 688 -7331: 227 -2031: FAX (919) 644-3004
Ext. 2130
Mayor Michael R. Nelson
Carrboro Board of Aldermen
Page 2
March 19, 1999
Commissioners will need at least two meetings to accomplish this
task and that it may be May 4, 1999 before the Board can make a
final determination concerning these ordinance amendments. In short,
as Mayor Nelson and I discussed on the telephone, Orange County
needs more time to complete its review of this very important
matter.
It appears that the letter from Bob Morgan to John Link, dated
February 23, contemplates the possibility of a County review after
March 23. The letter references the memorandum from Patricia
McGuire, but then provides a timeline that shows a joint discussion
of the NSA ordinance provisions on March 30 along with a joint
setting of the remainder of the schedule. Finally, Mr. Morgan's
letter indicates that the Aldermen do not anticipate voting on the
ordinance amendments until comments and /or concurrence have been
received from Orange County.
It seems to Orange County that its review time can be
lengthened in one of two ways. Carrboro can agree, prior to the time
it commences its March 23, 1999 public hearing on the proposed
amendments, to extend the time available to Orange County to review,
comment on or object to the amendments to a time beyond the
commencement of the public hearing. Alternatively, Orange County can
object to the amendments prior to the commencement of the public
hearing, in which case the time for Orange County review and comment
is extended automatically and indefinitely. Orange County would
prefer that the time be extended and requests a sixty (60) day
extension. Orange County will reluctantly have to exercise the
objection option if that is its only alternative.
The Board of County Commissioners would like a signal that the
time that Orange County has to file written comments or objections
to the Carrboro Land Use Ordinance text amendments will be extended.
Please signal us with a letter indicating you have consensus on your
Board for this extension.
Based on advice from the county attorney, the Board of
Commissioners will have a resolution on its agenda for its Monday
night, March 22,' 1999 meeting, objecting to the ordinance
amendments. This resolution, by its terms, will take effect only if
Carrboro does not extend the County review time to a date beyond May
4, 1999. Again, as Mayor Nelson and I discussed on the telephone,
Orange County's goal is to have more time for review and comment on
the NSA ordinance amendments.
Mayor Michael R. Nelson
Carrboro Hoard of Aldermen
Page 3
March 19. 1999
Thank you very much for your consideration of Orange County's
request for an extension.
Sincerely,
W.,�
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Alice M.
Gordon,
Chair
AMG /GEG /lsg
xC. Margaret BrOWn
Moses Carey, Jr.
Steve Halkiotis
Barry Jacobs
john M. Link, Jr.
Craig Benedict
Geoffrey E. Gledhill
Michael B. Brough
Robert W. Morgan
mydocuments /maynalo.ltr
NORTH CAROLINA
RESOLUTION
ORANGE COUNTY
WHEREAS, in a February 19, 1999 memorandum to John M. Link,
Jr., Orange County Manager and R. Eugene Bell, Orange County
Interim Planning Director from Patricia J. McGuire, Carrboro Land
Use Planner, Orange County was provided with proposed amendments
to the Town's Land Use Ordinance intended to implement the
recommendations of the Small Area Plan for Carrboro's Northern
Study Area (hereafter "the proposed amendments"); and
WHEREAS, the February 19, 1999 memorandum states that
Carrboro has scheduled a public hearing on the proposed
amendments for March 23, 1999; and
WHEREAS, the memorandum further cites Section 2.6,
subsection C of the Joint Planning Agreement and requests Orange
County objections, if any, to the proposed amendments in writing
on or before the March 23, 1999 public hearing; and
WHEREAS, Orange County has not been able to determine that
the proposed amendments are consistent with the adopted Joint
Planning Area Land Use Plan.
NOW, THEREFORE, BE IT RESOLVED that:
1. Orange County objects to the proposed amendments on
the basis that the proposed amendments are not consistent with
the adopted Joint Planning Area Land Use Plan;
1
5
2. this resolution shall take effect immediately prior to
the commencement of the March 23, 1999 public hearing on the
proposed amendments, but only if the Carrboro Board of Aldermen,
prior to the commencement of the March 23, 1999 public hearing
on the proposed amendments, does not extend the time within
which Orange County has to review the proposed amendments to a
date beyond May 4, 1999.
Upon motion of Commissioner
Commissioner
seconded by
, the foregoing resolution was adopted
this the 22nd day of March, 1999.
I, Beverly A. Blythe, Clerk to the Board of Commissioners
for the County of Orange, North Carolina, DO HEREBY CERTIFY that
the foregoing is a true copy of so much of the proceedings of
said Board at a meeting held on March 22, 1999 as relates in any
way to the adoption of the foregoing and that said proceedings
are recorded in Minute Book No. of the minutes of said
Board.
of
WITNESS my hand and the seal of said County, this
1999.
mydocuments / #5resrecarrboro.doc
Clerk to the Board of Commissioners
2
day