HomeMy WebLinkAboutAgenda - 01-19-1999 - 9bORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 19, 1999
1
Action Agenda
Item
SUBJECT: FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA
AND JOINT PLANNING AGREEMENT AMENDMENTS RELATIVE TO TRANSITION
AREA I AND II AND "FLOATING" CONDITIONAL USE DISTRICTS
DEPARTMENT: Planning PUBLIC HEARING: Yes _x —No
ATTACHMENT(S): INFORMATION CONTACT: Gene Bell
1) Summary of Carrboro's Facilitated Small Area Plan plus Ext. 2592
proposed text amendments to Joint `Planning Land Use Plan/
Agreement presented at 4 -8 -98 JPA Public Hearing TELEPHONE NUMBERS:
2) Draft 12 -15 -98 BOCC Minutes Hillsborough - 732 -8181
3) Planning Board Recommendation (excerpt from 11 -11 -98 minutes) Durham -688-7331
4) Commissioner Jacobs' "Compromise Proposal" Mebane -227-2031
5) Summary of Citizen Comments from 12 -15 -98 Meeting Chapel Hill -967-9251
6) Analysis of Issues (pros & cons) and Implementation Strategy
7) Resolution (Administration Recommendation)
UNDER SEPARATE COVER (Attachments 1 - 3 in brown clasp envelope; attachment 4 in dark blue folder):
1) Facilitated Small Area Plan for Carrboro's Northern Study Area - Final Draft
2) Excerpts from 4 -8 -98 JPA Public Hearing Agenda
3) Draft Northern Study Area Ordinance
4) Correspondence from Carrboro to County Manager (1 -7 -99) and BOCC Chair (1- 12 -99)
PURPOSE: To make a decision on adoption of proposals to amend the Joint Planning Area Land Use
Plan and Map (JPA -2 -98) and the Joint Planning Agreement to incorporate the
Facilitated Small Area Plan for Carrboro's- Northern Study Area.
BACKGROUND: On December 15, 1998, the Orange County Board of Commissioners received the
Planning Board's recommendation on proposed amendments to the Joint Planning Area
Land Use Plan and Map and Joint Planning Agreement to incorporate the Facilitated
Small Area Plan for Carrboro's Northern Study Area; these items were presented at the
April 8, 1998 JPA Public Hearing. The Board also received additional comment from
citizens as well as a "compromise proposal" suggested by Commissioner Barry Jacobs.
The Board directed staff to prepare an analysis of the options before them and present a 2
recommendation for decision on January 19, 1999.
Given the lengthy list of attachments, a short description of each item is in order:
1) Summary of Carrboro's Facilitated Small Area Plan plus proposed text
amendments to Joint Planning Land Use Plan/ Agreement presented at 4 -8-
98 JPA Public Hearing - These items are excerpted from the 4 -8 -98 JPA Public
Hearing agenda. Included is a one -page summary of the plan along with a black -
and -white copy of the plan map; proposed text amendments to the Joint Planning
Land Use Plan and Joint Planning Agreement are also attached. Text proposed
for deletion is shown in str4le*&eugk and that for addition in boldface.
2) Draft 12 -15 -98 BOCC Minutes - No additional explanation necessary.
3) Planning Board Recommendation (excerpt from 11 -11 -98 minutes) - Following
three hours of discussion, the Planning Board voted six to three to recommend
approval of the proposed amendments to the Joint Planning Area Land Use Plan
and map to incorporate the Facilitated Small Area Plan for Carrboro's Northern
Study Area; approval of the proposed amendments to the Joint Planning
Agreement to incorporate the Facilitated Small Area Plan for Carrboro's Northern
Study Area provided that the Orange County Commissioners are included in the
decision making process on "floating" conditional use zoning districts in the
CJDA Transition Area; and that the County appoint the advisory board.
4) Commissioner Jacobs' "Compromise Proposal" - At the 12 -15 -98 BOCC meeting,
Commissioner Barry Jacobs presented a "compromise proposal" which
recommended adoption of the proposed amendments to the Joint Planning Area
Land Use Plan and Map and Joint Planning Agreement; continuation of Transition
Areas I and II until 75% buildout reached in Transition Area I; joint approval by
Carrboro and Orange County of "floating zone" conditional use districts in
Transition Area II until 75% buildout reached in Transition Area I; and BOCC
appointment of three of the five Northern Transition Area Advisory Committee
members.
5) Summary of Citizen Comments from 12 -15 -98 Meeting - Nine citizens spoke at the
12 -15 -98 BOCC meeting. Primary concerns included: continued involvement of
the BOCC in land use decisions affecting transition area residents; continuation of
the Transition Area I and II concept; and a limitation on the number and size of
Village Mixed Use (VMU) and Office/ Assembly (O /A) districts (several citizens
recommended that the O/A districts be eliminated entirely). The summary was
prepared from meeting notes compiled by Gene Bell and Carrboro Senior Planner,
Trish McGuire.
3
6) Analysis of Issues (pros & cons) and Implementation Strategy - This is a listing of
the key issues related to the proposed amendments to the Joint Planning Area
Land Use Plan and Map and Joint Planning Agreement. For each issue,
alternatives are identified followed by pros and cons and action needed specific to
the alternative.
7) Resolution (Administration Recommendation) - The resolution recommends
adoption of the proposed amendments to the Joint Planning Area Land Use Plan
to incorporate the Facilitated Small Are Plan for Carrboro's Northern Study Area;
adoption of proposed amendments to the Joint Planning Agreement (the BOCC is
included in the approval process for "floating" mixed use and office /assembly
districts); and BOCC appointment of three of the five members to the Northern
Transition Area Advisory Committee. Additional items are identified for
consideration at an appropriate future time. These include: reimplementing the
Transition I and II distinction; the location, size and number of "floating" mixed
use and office /assembly districts; and authorizing Carrboro to solely approve
"floating" mixed use and office /assembly districts.
Four documents are included under separate cover:
1) Facilitated Small Area Plan for Carrboro's Northern Study Area - Final Draft -
This is a 93 page document (with color maps) presented at the JPA Public
Hearing on 4 -8 -98 (copies were included in the public hearing agenda packets).
2) Excerpts from 4 -8 -98 JPA Public Hearing - These are the agenda items from the
4 -8 -98 JPA Public Hearing specific to the proposed amendments to the Joint
Planning Area Land Use Plan and Map and Joint Planning Agreement (they were
also included as an attachment in the 12 -15 -98 agenda). Items in attachment 1
(pages 5 -12 of this agenda item) were taken from this.
3) Draft Northern Study Area Ordinance - This was also an attachment in the 12 -15-
98 agenda and is separate from the items being considered for decision (adoption
of proposals to amend the Joint Planning Area Land Use Plan and Map and the
Joint Planning Agreement to incorporate the Facilitated Small Area Plan for
Carrboro's Northern Study Area). The draft ordinance is provided for
informational purposes only.
4) Correspondence from Carrboro to County Manager (1 -7 -99) and BOCC Chair
(1- 12 -99) - The 1 -7 -99 letter (two pages) to the County Manager summarizes `
Carrboro Board of Aldermen discussion on 1 -5 -99 regarding Commissioner
Jacobs' proposal as well as concerns expressed by BOCC at 12 -15 -98 meeting;
reference is made to a formal response to come from the Mayor in the near future.
The 1 -12 -99 letter (18 pages) to the BOCC Chair is the formal response
mentioned in the 1 -7 -99 letter.
RECOMMENDATION: This agenda item was prepared by staff with information on -hand through the
morning of 1- 12 -99.
The Administration recommends that the Board adopt the attached resolution.
As of the afternoon of 1- 12 -99, staff received the additional information
mentioned above (attachment 4 - under separate cover). There was no time for
analysis or to incorporate the additional information into the Administration
Recommendation. As referenced above, this information is included as a totally
separate packet for Board review. Should the Board wish to consider this
information as it relates to the proposed resolution, final approval may need to be
delayed beyond 1 -19 -99 to incorporate potential revisions.
5
Summary of Carrboro's Facilitated Small Area Plan plus
Proposed Text Amendments to the Joint Planning Land
Use Plan and Joint Planning Agreement Presented at the
April 8, 1998 JPA Public Hearing (pages 6 — 13)
M
Facilitated Small Area Plan for Carrboro's Northern Study Area
A "Facilitated Small Area Plan" for Carrboro's Northern Study Area (see attached
map) was presented for comment at the April 8, 1998 Joint Planning Area Public
Hearing. The plan attempts to balance community, conservation and development
objectives within the Transition Areas and extraterritorial jurisdiction that lie to the north
of Carrboro's town limits. Community and conservation objectives include: allowing
patterns of growth which minimize negative impacts and maximize positive impacts on
the community; allowing for the efficient provision of town services; the provision of a
variety of housing types and styles; development of a multi -modal transportation system;
and the conservation of natural and environmentally sensitive areas.
The Facilitated Plan places primary emphasis for development in the study area
on residential activity, although no site - specific proposals are included. The Plan
proposes the use of net, rather than gross, residential density calculations, with reductions
based on natural constraints such as floodplains, steep slopes, and utility easements. The
plan also proposes to cluster a bulk of the new residential development by encouraging
village -scale development, conservation of environmentally sensitive areas, density
bonuses for affordable housing meeting certain development criteria, and neighborhood
and community -scale commercial centers.
The overall target density for the study area is approximately the same as the
current density of the town: 2.1 dwelling units per acre. The target density for mixed -use
areas is approximately five dwelling units per acre. These development management
options have been selected in order to minimize the negative impacts of new development
on environmental quality, transportation, taxation, and existing neighborhoods. These
elements should discourage a sprawled pattern of monotonous development, preserve
Carrboro's unique, small town character, and allow for the creation of new,
neighborhood -scale communities which can be connected to existing and new areas via a
network of open space corridors.
The mixed -use and office /assembly districts described in the plan allow for small -
scale commercial and light manufacturing activities to occur in the study area.
Conditional-use, floating zones in both categories are to be established, which will
require that rezoning requests for these uses be supported by master plans for site
development. The plan proposes no changes to the small commercial node at Calvander.
If adopted, the Facilitated Plan will become an amendment to the Joint Planning
Area Land Use Plan. Presented along with the Plan on April 8 were proposed
amendments to the Joint Planning Agreement which would: remove the density cap of
one unit per acre in Transition Area II; combine Transition Areas I and II into a single
Transition Area; and allow the Board of Aldermen to establish floating, conditional use
zones. Attached are sections from the Joint Planning Area Land Use Plan and Joint
Planning Agreement where amended text would be required. Text proposed for deletion
is shown in 94i eagh and text for addition is in boldface.
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(SECTION V - JOINT PLANNING OPERATING PRINCIPLES)
1. . Lots aefitaining .. (1) 1 aer-e
> >
e or less;
> iffi644iefiftl'
s
The underlying or more detailed land use plan categories include: Resource
Protection; Public - Private Open Space; New Hope Creek Corridor Open Space; Suburban
Residential; Urban Residential, Office - Institutional; Future UNC Development; Retail
Trade; Light Industrial; and Disposal Use. These categories are described below.
Resource Protection Areas designated within Transition Areas of the Joint
Planning Area Land Use Plan include floodplains, wetlands along drainage tributaries,
and steep slope areas (15% or greater). The areas form the basis for a parks and open
space system (see Strategy Maps) which provides the framework within which other land
uses are situated.
Public - Private Open Space Areas in the Transition Areas include UNC lands
(excluding Horace Williams Airport and adjacent tracts), the 100 -foot buffer along I -40,
and a tract connecting the two landfill sites. These sites provide open space in the midst
of areas planned for urban expansion.
New Hone Creek Corridor Open Space Areas include some of the Resource
Protection Areas and a portion of the Public/Private Open Space Areas which were
designated as significant and worthy of protection according to the New Hope Corridor
Open Space Master Plan completed in April of 1991. (See Master Plan Map following
Strategy Maps). The areas are part of a system of open space in Durham and Orange
Counties along New Hope Creek and its tributaries between Eno River, State Park and
U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up of
critical environmental areas such as stream beds, floodplains, steep slopes, and larger
tracts of historic, educational, or recreational value.
59 Joint Planning Land Use Plan
21 Errs
1. . Lots aefitaining .. (1) 1 aer-e
> >
e or less;
> iffi644iefiftl'
s
The underlying or more detailed land use plan categories include: Resource
Protection; Public - Private Open Space; New Hope Creek Corridor Open Space; Suburban
Residential; Urban Residential, Office - Institutional; Future UNC Development; Retail
Trade; Light Industrial; and Disposal Use. These categories are described below.
Resource Protection Areas designated within Transition Areas of the Joint
Planning Area Land Use Plan include floodplains, wetlands along drainage tributaries,
and steep slope areas (15% or greater). The areas form the basis for a parks and open
space system (see Strategy Maps) which provides the framework within which other land
uses are situated.
Public - Private Open Space Areas in the Transition Areas include UNC lands
(excluding Horace Williams Airport and adjacent tracts), the 100 -foot buffer along I -40,
and a tract connecting the two landfill sites. These sites provide open space in the midst
of areas planned for urban expansion.
New Hone Creek Corridor Open Space Areas include some of the Resource
Protection Areas and a portion of the Public/Private Open Space Areas which were
designated as significant and worthy of protection according to the New Hope Corridor
Open Space Master Plan completed in April of 1991. (See Master Plan Map following
Strategy Maps). The areas are part of a system of open space in Durham and Orange
Counties along New Hope Creek and its tributaries between Eno River, State Park and
U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up of
critical environmental areas such as stream beds, floodplains, steep slopes, and larger
tracts of historic, educational, or recreational value.
59 Joint Planning Land Use Plan
SECTION VI
FUTURE LAND USE - JOINT PLANNING AREA
In this section, anticipated patterns of future land development are outlined for the
Joint Planning Area, exclusive of Carrboro and Chapel Hill. The future land use patterns
described in this section are based, in part, on the population, economic and existing land
use trends identified in background studies. Also considered in the formulation of these
patterns were environmental features, infrastructure and service concerns, operating
principles, locational standards and concept/strategy maps developed for the Joint
Planning Area or currently existing in the Orange County Land Use Plan. Finally,
comments received at public hearings, public information meetings, and the
recommendations of town and county advisory and governing boards were considered in
the formulation of the plan. The discussion of the Plan centers on two broad categories of
land use - Transition Areas and the Rural Buffer.
*TRANSITION AREAS
*Amended
2/3/92 (effective 2/24/92)
Transition areas are located adjacent to the urban areas of Chapel Hill and
Carrboro. They are in the process of changing from rural to urban uses or are already
urban in use; are developed at or suitable for urban-type densities; and are now provided
or are projected to be provided with urban services.
develepme-HA n de- n—sity thM a Beds e e (1) l.e,.siag u p, 4 per- «4;1 at ie��4
Ten categories of Transition Area have been depicted on the Joint Planning Area
Land Use Plan. These categories include Resource Protection, Public- Private Open
Space, New Hope Creek Corridor Open Space; Suburban Residential, Urban Residential,
Office - Institutional, Future UNC Development, Retail Trade, Light Industrial, and
Disposal Use. These categories are described below.
Resource Protection Areas
Resource Protection Areas in Transition Areas have been designated on the Land
Use Plan to include flood plains, and wetlands along drainage tributaries and steep slope
areas (15% or greater). These areas form the basis for a comprehensive parks and open
space system which provides the framework within which other land use categories are to
function. Parks have been generally located throughout the Joint Planning Area using a
71 Joint Planning Land Use Plan
9
(SECTION VII - OVERVIEW OF IMPLEMENTATION STRATEGIES) 10
service in the watershed would be reconsidered following a study regarding the
advisability of such extensions.
Public Investments
Development of a capital improvements program and budget is a key
implementation tool. It requires integrating both County and municipal plans with
recommendations and priorities for programming the fiscal outlay for capital
improvements during the plan period. This administrative tool provides decision - makers
with guidance mechanisms aimed at coordinating the improvement of the provision of
public services and facilities with the private development they are intended to serve. In
particular the provision of water and sewer facilities, roads, schools and parks, among
others, should be considered and approved in light of their development inducing impact
on a specific area.
Coordination with other Plans
A successful and acceptable planning program necessitates the maximization of
coordination between the Land Use Plan and other official plans and policies and the
minimization of "conflicting signals ". The plan should seek consistency with existing
local, regional, state and federal plans and policies.
Without limiting the generality of the foregoing, the "Facilitated Small
Area Plan for Carrboro's Northern Study Area," accepted by the Carrboro
Board of Aldermen on August 19, 1997, is specifically incorporated by
reference into this Plan and supersedes any provisions of this Plan that are
inconsistent with the Small Area Plan with respect to the CJDA Transition
Area.
Public Education and Awareness
The primary and most effective implementation tool is the acceptance and
commitment of the general citizenry to the concept of the planning process and the
product evolving from that process: a Land Use Plan. Since the planning process
necessitates tradeoffs between the public and private use of land in a legal climate where
property ownership and use is highly revered, public awareness and support and,
consequently, public participation in the process should be facilitated and encouraged.
91 Joint Planning Land Use Plan
(JOINT PLANNING AGREEMENT)
Section 1.2 Definitions
H. Transition Area. That portion of the Joint Planning Area designated on the
Joint Planning Area Land Use Map as such. This area is further defined as
being in transition from rural to urban or already urban in density. Urban
services (public utilities and other town services) are now provided to this
area or are projected to be provided to this area. eH�e
....- - j... - ........—. —
-- ........sue. — -- - ---
t...... --- ...� .7
the e5eesi
41ge dese of this
7 after-
Agr-eeffleat,
heosing
least :7994 the
laffd ffea e
uFA4 per- gr-ess aeFe until
at ef gross
9A least one uoit per- aeFe�,-
.� ..4..ets .. 7 can 7 and utili y o e «4n leeatea eutsi ae Af.I AU;
7 .
7
11
(JOINT PLANNING AGREEMENT)
Section 2.1 Standards Within the Transition Area
B. Carrboro shall prepare a Zoning Map for that portion of the Transition
area that lies within the CJDA and shall recommend its adoption by
Orange County, which upon approval and adoption as prescribed in
Subsection C of this Section, shall become part of the Orange County
Zoning Ordinance. The Zoning Map shall be prepared using zoning
districts which correspond with the density designations and plan
classifications as prescribed in the adopted Joint Planning Area Land Use
Plan and the adopted Joint Planning Area Land Use Map for the CJDA.
Fla
(JOINT PLANNING AGREEMENT)
Section 2.6 Text and Map Amendments
E. With respect to property that is located within the CHJDA Transition area,
changes in zoning classifications may not be made unless and until an
ordinance approving such zoning map amendment has been approved both
by Orange County and Chapel Hill following a joint public hearing by the
two governing bodies. With respect to property that is located within the
CJDA Transition area, changes in zoning classifications, other than
changes to the "floating" conditional use districts designed to
implement the recommendations of the "Facilitated Small Area
Plan for Carrboro's Northern Study Area" (i.e. changes to
Carrboro's Traditional Neighborhood conditional use district
or Office /Assembly conditional use district) may not be made
unless and until an ordinance approving such zoning map amendment has
been approved both by Orange County and Carrboro following a joint
public hearing by the two governing bodies. Changes to the
foregoing conditional use districts within the CJDA Transition
area may be approved by Carrboro without Orange County's
concurrence, but subject to the provisions of Section 2.3 of
this Agreement regarding permit administration. Requests for
rezonings within the Transition areas that are filed with the County shall
be referred to the respective towns to initiate the amendment process.
13
DRAFT
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
December 15, 1998
1.4
The Orange County Board of Commissioners met in regular session on Tuesday, December 15, 1998 at 7:30
p.m. in the Board room at the Southern Human Services Center, Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W. Brown,
Moses Carey, Jr., Stephen H. Halkiotis and Barry Jacobs
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and
Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE
IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS.
ANNOUNCEMENT
Chair Gordon said that Chair Brown is absent because of a death in her family. She said that she will recognize
all speakers and that she will move the meeting along so that all items can be covered.
1. ADDITIONS OR CHANGES TO THE AGENDA
Item 10a "North Carolina Crime Victims Compensation Commission Programs" report was deleted from the
agenda and item 11 "Regular Appointments" was deleted. The County Commissioners will consider the Board of
Commissioners assignments to other boards at their retreat scheduled for January 16, 1999 and the regular
appointments will be handled at their January 19, 1999 meeting.
2. CITIZEN & AUDIENCE COMMENTS
a. Matters on the Printed Agenda
Chair Gordon stated that citizens who have indicated a desire to speak on an item that appears on the
printed agenda will be recognized at the appropriate time.
b. Matters not on the Printed Agenda - NONE
PUBLIC CHARGE
Chair Gordon dispensed with the reading of the public charge.
3.. BOARD COMMENTS
Commissioner Halkiotis handed out Christmas cards and wished everyone a safe holiday season.
Commissioner Jacobs made reference to a letter Commissioner Brown received from the Historic Preservation
Commission about the Elms and some property north of Efland and requested that staff give them a report at their next
meeting on the road paving project which may have an adverse impact on this historic property north of Efland. He
also requested that staff address concerns expressed by UNC students about which precincts they are to vote at.
Commissioner Halkiotis said that he understands that a group of UNC students plan to attend a County
Commissioners meeting in January or February to voice their concems.
Chair Gordon and the County Commissioners said that they support fixing the PA system with whatever it takes.
4. COUNTY MANAGER'S REPORT - NONE
5. RESOLUTIONS /PROCLAMATIONS
a. Proclamation for Martin Luther King Jr Day on Orange County
The Board considered a proclamation in recognition of Martin Luther King, Jr. Day in Orange County.
Eileen Kugler, member of the Human Relations Commission, read the proclamation.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to approve and
authorize the Chair to sign the proclamation as stated below:
PROCLAMATION
IN RECOGNITION OF MARTIN LUTHER 1UNG, JR. DAY
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6
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the
requests for proposals for preparation of a nomination of the White Oak Grove School to the National Register of
Historic Places.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION - REGULAR AGENDA
a. Housing Bond Program Policy
The Board considered approving the Housing Bond Program Policy.
Keith Cook summarized the concerns expressed by the County Commissioners at their October meeting
and the responses of the committee. The committee also added language to the policy which requires all existing
housing projects to be completed within three years of funding and all new construction projects to begin within three
years of funding award.
Commissioner Jacobs asked about the urgent repair program and if a review committee will make
recommendations. Keith Cook said that Orange Community Housing administers this review.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve the Housing
Bond Program Policy.
VOTE: UNANIMOUS
b. Forest Service Contract
The Board considered an annual agreement with the North Carolina Department of Environment and
Natural Resources to support N.C. Forest Service activities in Orange County.
John Link made reference to the concern expressed by Orrin Pilkey and the Orange County Forest Ranger
Brad Bowling was available to speak to their responsibilities and also the responsibility of state government.
Brad Bowling said that they are responsible for all logging services and in this particular case there was a
violation. He said that while they respond to complaints, generally violations are referred to the Land Resources
Division of DENR. He said that in this incident cited by Dr. Pilkey, the loggers will be required to come back and plant
trees and do whatever is necessary to prevent erosion.
In answer to a question from Commissioner Halkiotis, Brad Bowling said that loggers can cut to the
property lines because there are no required setbacks.
There was a consensus to have Geoffrey Gledhill check to see if there is any way that the County can
require licensing of loggers and report this information to the County Commissioners at their next meeting.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve and
authorize the Chair to sign the annual agreement between Orange County and the Department of Environment and
Natural Resources and request that the County Attorney report on what the County Commissioners can do to regulate
loggers.
VOTE: UNANIMOUS
C. Facilitated Small Area Plan for Carrboro's Northern Study Area and Joint Area Planning
Agreement Amendments Relative to Transition Area I and 11 and "Floating" Conditional Use
Districts
The Board considered adopting proposals amending the Joint Planning Area Land Use Plan and Map and
the Joint Planning Agreement to incorporate the Facilitated Small Area Plan for Carrboro's Northern Study Area.
Chair Gordon said that Interim Planning Director Gene Bell will make a presentation and Carrboro's
Planning Director Roy Williford is available to answer questions. The County Commissioners will then take public
comment for one hour and then assess the situation.
Gene Bell pointed out on a map the area under consideration. He said that on April 8, 1998 they had a
Joint Planning public hearing. Many citizen comments and concerns were raised at the hearing and an attachment to
the agenda abstract dated May 26,1998 from the Carrboro Board of Aldermen attempts to address these comments
and concerns. He reviewed the process and timeline as included in the abstract. The recommendation includes two
options, (1) adoption of the Planning Board recommendations as outlined in the agenda or (2) denial of the
recommendations as outlined in the agenda.
NOTE: Since this is not a public hearing , the following comments are summarized.
Michael Nelson . Mayor of Carrboro, said that the plan gives Carrboro the tools they need to curb urban sprawl.
He made reference to the Northern Transition Area Advisory Committee and said that they would be willing to
compromise on the composition of this committee.
Dave Rudder, longtime resident of Calavander, feels that many people put many hours into the Joint Planning
16
7
Agreement and that now Carrboro seeks to radically change that plan. He asked that the County Commissioners
support orderly growth by maintaining transition I and II.
Edwin Gutzwiller said that Section 18 of the amendments concerns water quality and he asked that the County
Commissioners adopt the same language in the County's ordinance. He feels that transportation needs to be
countrywide with an intercounty transportation system.
Forrest Greenslade asked that the County Commissioners represent the interest of those who elect them. He
asked that the transition areas be maintained and that they not accept the floating zone or leave the execution of this
plan to Carrboro alone. He talked about the invasion of property in constructing the crossroads at Calavander with four
lanes only to lead right back to two -lane roads.
Carol Greenslade said that she was a member of the small area planning group. She asked that the County
Commissioners take note of the fact that many of these proposals being questioned were never addressed by this
group. There was never any discussion of merging the two transition zones. With reference to the extension of the
intersection at Calavander, she criticized Carrboro's response when the flags went up and she was told that DOT had
put the flags up and in fact Carrboro had asked that this intersection be expanded. She asked that the Board of County
Commissioners continue to represent them.
Jean Earnhardt said that she is very pleased with the progress and the project. No one is completely satisfied.
For six years all these opinions have been voiced and the news media has given excellent coverage. The original plan
has been altered by suggestions of those who participated. They spent six months alone on the village concept. She
feels we have an opportunity to assure that any development that takes place, they can be proud of.
Alex Zaffron, Carrboro Board of Aldermen, said that he will answer questions at the end
Diana MCDuffy. Carrboro Board of Aldermen, said that since July 1, 1996, they have spent 26,884 hours on
facility plans, ordinance writing committee, etc. The Dispute Settlement Center facilitated all their meetings. They
have held five public hearing and three open house sessions to share information, and the Ordinance Review
Committee met 31 times. She urged the County Commissioners to pass the plan tonight.
Christie Boros, resident of Orange County just north of the small area planning area, asked that the County
Commissioners not include the rural villages in these amendments. She would like for them to maintain a controlling
decision making voice on any activities that go on in that area. He feels that the plan would promote growth and not
control growth. She feels that with industrial areas traffic will be a problem as well as providing schools to
accommodate this growth. She urged the County Commissioners to keep a controlling voice in this planning process.
JEF made reference to his letter that he sent to the County Commissioners He asked that the County
Commissioners vote on the good parts of the plan saying that the office assembly area is a glaring bad thing for the
plan.
Kathy Kaufman lives in the northern transition area and was a member of the committee and helped plan and
attended the facilitated meetings last year. She said that the village mixed use is too big. She would recommend that
a cap on the number of units in a village- perhaps 400 be stipulated. Most of the provisions we agreed on were
important changes that need to be made.
Alex Zaffron, said that he has been involved since the very beginning working with the work group up to and
including the draft ordinance committee. He was available to answer any questions about the text or ordinance
provisions. What they tried to do was to place the density where it is most appropriate and remove it where it is not
appropriate. He encouraged the County Commissioners to adopt the amendments.
Commissioner Carey asked if Carrboro were to suggest a cap on the number of acres for mixed use what it might
be and Alex Zaffron said that they have not reached a conclusion but staff has indicated a gross figure of 350 total
acres.
Robert Slatter lives in the northern study area and said that most of the homes being built in that area right now
cost upward to $300,000. He feels that the floating zones will allow affordable housing and asked that these not be
limited.
THIS CONCLUDED THE PUBLIC COMMENT PERIOD.
17
8
Chair Gordon suggested that they discuss the process of the floating zones.
Commissioner Carey asked if Commissioner Jacobs could expand on his recommendation.
Commissioner Jacobs submitted for the Board's consideration a compromise proposal which he said he believes
adequately addresses most- concerns- expressed by citizens of the affected area, the study group and the Carrboro
Board of Aldermen. He read his proposal which he put in the form of a motion. No second was received. This
proposal is incorporated into these minutes by reference.
Commissioner Halkiotis expressed appreciation for Commissioner Jacobs' proposal. However, he needs
additional time to study this proposal. He is leaning toward one proposal that came from the Planning Board. He
would like to give additional flexibility to Carrboro to limit urban sprawl.
Commissioner Jacobs said that his proposal that the Northern Transition Area Advisory Committee be composed
of three members appointed by the Board of County Commissioners and two by the Carrboro Board of Aldermen would
give assurance that the County citizens will maintain a majority on that Committee because that is the group of
citizens the County Commissioners represent.
Commissioner Carey said that a lot of work has gone into this plan. He attended some of these meetings and he
knows that no plan is going to please all the members and also no plan will please some of the members no matter
what. He feels that the Commissioners' goal of citizen participation has been accomplished. He wants to support the
work put into the plan. He feels it has the greatest potential for making transportation more efficient and diversified in
the future. The plan does protect our natural resources.
Chair Gordon said that she is very impressed by the work done by Carrboro in this facilitated planning process
and feels the objectives are good. She is impressed with its complexity. She questioned the floating zone concept
saying that this concept is different from what is in the County's Land Use Plan. She said that what Commissioner
Jacobs' proposal does is to compromise on this issue. She supports Commissioner Jacobs' process for Transition I
and Transition 11 areas. She asked Roy Williford about the time frame and he indicated that delaying this to January
19, 1999 would be okay. The moratorium they have in place will end on December 31, 1998. She suggested waiting
until Commissioner Brown returns to make a decision
Allen Spalt, Carrboro Board of Aldermen, said that he does not want to rush the County Commissioners but they
have pushed the moratorium as far as they can push it. This process has gone on for a long time. It is not perfect but
is nearly there. They plan to still work on parts of this. He feels that either the options from the staff or the proposal
from Barry Jacobs are things they can live with. The solutions on the transition areas are imaginative and appropriate
kinds of solutions that can work. He impressed upon the Board the urgency of approving these amendments.
Commissioner Carey urged Commissioner Jacobs to make his motion again and said that he would second the
motion. He feels it would be workable as they continue to work on this plan. He feels that a lot of work has gone into
this plan and he does not want to delay the decision on this item.
Commissioner Halkiotis said that he would like to see some kind of an official response from Carrboro on
Commissioner Jacobs' recommendation. He would like to assure Allen Spalt and others that at their next meeting they
will vote and bring this to a conclusion.
Chair Gordon said that based on her desire to get the information that Commissioner Halkiotis has mentioned
and to consider Commissioner Jacobs' plan and to further contemplate these floating zones, she would also like to wait
until January 19th and would assure Carrboro that they would vote at that time.
Commissioner Carey said that he has heard at least one member say that the provisions as included by
Commissioner Jacobs address some of the concerns of those in the area. He feels we run a risk by waiting until Jan
19 and feels we should make a decision.
Mayor Nelson said that speaking for the four Board of Aldermen present, that they are comfortable with the
language as recommended by Commissioner Jacobs.
By consensus the Board agreed to put this item on their next agenda and take action on January 19th.
d. Disposal of Surplus Computers
The Board considered authorizing staff to negotiate with the Literacy Council in the disposal of 20 surplus
APPROVED PLANNING BOARD MINUTES NOVEMBER 11, 1998 18
Strayhorn stated that he felt it was a good plan and that was the location where
a village should be. He would prefer to see less open space in the outskirts of
Carrboro and more open space in the rural part of the County. He continued
that everyone seemed to want to preserve agricultural land by zoning, without
paying for it. Having a receiving area is a way to require developers to pay
rural citizens for the open space. The tendency seems to be that if a developer is
given incentives to preserve sensitive areas, we assume that the County is
giving something away for nothing. Strayhorn continued that was not the way
he viewed it. He felt we should give the developer something if he is doing
something that we prefer he do. He also stated that he would prefer that the
approval process remain joint and that he would not be in favor of an increase in
setbacks. He reiterated that he felt it was a good plan; however, he was not sure
that a rural village development would occur in the near future.
Brooks referred to the Planning Staff recommendation #2, noting that she would
like it to be spelled out how the Commissioners are included, whether they vote
on it or just consult: Bell referred to the original Resolution adopted by the
Town of Chapel Hill, #3 with changes indicated in bold print:
3. Subsection 2.6E -of the Agreement is amended by rewriting the second
sentence and by adding a new third sentence to read as follows: "With
respect to property that is located within the CJDA Transition Area,
changes in zoning classifications, including changes to the "floating"
conditional use districts designed to implement the recommendations of the
"Facilitated Small Area Plan for Carrboro's Northern Study Area (i.e.
changes to Carrboro's Traditional Neighborhood conditional use district or
Office /Assembly conditional use district) may not be made unless and until
an ordinance approving such zoning classifications have been
approved both by Orange County and Carrboro following a joint public
hearing by the two governing bodies.
Barrows asked if this would address Brooks concern and she agreed that it
would.
Questions were asked about the Planning Board's role in the Joint Planning
process and Bell explained the approval process with the Joint Planning
Agreement.
Andrews left the meeting prior to the motion and vote.
MOTION: Woods moved that the Planning Board approve the proposed amendments to the
Joint Planning Area Land Use Plan and map to incorporate the Facilitated Small
Area Plan for Carrboro's Northern Study Area; and, approve proposed
amendments to the Joint Planning Agreement to incorporate the Facilitated
Small Area Plan for Carrboro's Northern Study Area provided that the Orange
County Commissioners are included in the decision making process on
"floating" conditional use zoning districts in the CJDA Transition Area; and,
that the County appoint the advisory board, and, more specifically, that
Subsection 2.6E of the agreement is amended by rewriting the second sentence
and by adding a new third sentence to read as follows: "With respect to
property that is located within the CJDA Transition Area, changes in zoning
classifications including changes to the "floating" conditional use districts
designed to implement the recommendations of the "Facilitated Small Area Plan
for Carrboro's Northern Study Area" (i.e. changes to Carrboro's Traditional
Neighborhood conditional use district or Office /Assembly conditional use
district) may not be made unless and until an ordinance approving such zoning
map classifications has been approved both by Orange County and Carrboro
following a joint public hearing by the two governing bodies. Seconded by
McAdams.
VOTE: 6 in favor.
3 opposed (Brooks - felt uncomfortable that the Planning Board was not allowed
to make recommendations on specific ordinance amendments; was glad that the
question of some representation was addressed but was concerned that some of
the other issues such as affordable housing and agricultural use should be
addressed and not leave it up to Carrboro. Katz - felt that the future of
Carrboro and the Rural Buffer is something that the County should have a hand
in. He felt that the decisions that Carrboro will make in the future about that
area will be different than what is in the document and noted he was skeptical
that it will be something to be proud of. Barrows - noted that she was worried
about the fact that we have ignored the Transition Areas I and II and that sort of
planning premise feels like it goes out the window if we're going to leap -frog
out to areas here, there and yonder coupled with her basic suspicions about
villages.
Strayhorn noted that he had some of the same concerns as Barrows until he
visited Transition Area I and found that most of the land that could be used is in
active farmland and he could not force more pressure on someone willing to
farm that expensive land that near a town. He felt that they were to be
commended. He did note that he was concerned with how long it could last.
Meeting adjourned 10:30 p.m.
Prepared By
Approved By
Date
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20
I submit for your consideration the following compromise proposal on Item 9c, which I
believe adequately addresses most concerns expressed by citizens of the affected area, the
study group, and the Carrboro Board of Aldermen.
Barry Jacobs
—The Board of Orange County Commissioners continues to support the principles
of Joint Planning, and consistent with those principles and agreements adopts the
proposals to amend the Joint Planning Area Land Use Plan and Map, and the Joint
Planning Agreement, in order to incorporate the Facilitated Small Area Plan for
Carrboro's Northern Study Area, subject to the following conditions:
- -That until Transition Area I reaches the 75 percent build -out stipulated in the
Joint Planning agreement, the Board of County Commissioners retains with the Carrboro
Board of Aldermen the right to approve "floating" conditional use zoning districts. on
properties located entirely in Transition Area II;
- -That said zoning consideration be conducted at a joint public hearing based on
the land use plan herein adopted for Carrboro's Northern Study Area, with the respective
elected boards making their decisions following customary consultation with their
planning boards and the Northern Transition Area Advisory Committee, with agreement
by both elected boards necessary for approval;
- -That when Transition Area I achieves the agreed upon build -out, the county will
relinquish all jurisdiction over zoning in Carrboro's Northern Study Area, and be limited
to courtesy review;
--That among the first items for consideration by the Northern transition Area
Advisory Committee be a workable definition of 75 percent build -out for Transition Area
I, taking into account deed restrictions that may render lots built out despite low relative
density;
--That the proposed definition of 75 percent build -out be submitted for approval
by the Carrboro Board of Aldermen and the Board of County Commissioners;
- -That after adoption of the definition of 75 percent build -out by both elected
boards, the county will accept at the appropriate time, upon. adequate presentation by
Carrboro, that the threshold has been reached, and conclude the necessity for recognizing
Transition Area II;
--That also among the first matters for recommendation by the Northern
Transition Area Advisory Committee to the Carrboro Board of Aldermen be a suitable
limitation on the number of " floating" village mixed use districts and office/assembly
districts in the Northern Study Area, consistent with the concerns of residents in the area
and the Board of County Commissioners;
--That the Northern Transition Area Advisory Committee submit regular reports
to the Board of County Commissioners;
—That the Northern Transition Area Advisory Committee be composed of three
members appointed by the Board of County Commissioners and two by the Carrboro
Board of Aldermen.
Citizen Comments from the December 15, 1998 Board of County Commissioners
Meeting: Facilitated Small Area Plan for Carrboro's Northern Study Area
At the BOCC meeting on December 15, 1998, nine citizens spoke concerning
Carrboro's Facilitated Small Area Plan, proposed amendments to the Joint Planning
Agreement, and draft ordinance language. Two citizens spoke in support of the plan and
ordinance, but most had concerns and offered the following suggestions which were
taken from the attached summary of citizen comments:
Primary Suggestions (mentioned by two or more speakers)
1. Continue involvement of the BOCC in Transition Area rezonings, including
conditional use floating zone (don't let Carrboro do on their own);
2. Keep the Transition Area I and II concept, do not accept Carrboro proposal for
combined transition area;
3. Allow only one village center and one village mixed use (VMU) center; and
4. Eliminate the Office /Assembly (O /A) district.
Additional Suggestions
1. Consider provision of public transportation;
2. Do not accept the SAP or floating zones;
3. Place limitation on acreage in VW and number of units therein;
4. Allow only one O/A district; and
5. Consider impacts of ordinance on provision of affordable housing.
21
Summary of Citizen Comments Received at 12 -15 -98 BOCC Meeting on Carrboro 22
Small Area Plan and Amendments to Joint Planning Agreement
(Compiled from meeting notes taken by Trish McGuire, Carrboro Senior Planner, and Gene Bell,
Orange County Interim Planning Director)
L David Rutter - Calvander resident. Supports continued involvement of BOCC in
rezonings in transition areas. Opposed to dissolution of Transition Areas I and II.
Recommends including language that supports only one village center and one village
mixed -use center; eliminate the office assembly conditional use district.
2. Erwin Gutzwiller - Supports plan and ordinance (especially section 18 - Water
Quality), recommends that County adopt. Commends process and citizen
participation, but is concerned about public transportation.
3. Forrest Greenslade - Requested that BOCC continue to represent County residents.
Resist dissolution of Transition Areas I and II. Do not accept floating zones and do
not let Carrboro execute the NSA plan on their awn.
4. Carol -Ann Greenslade - Member of process throughout (Small Area Plan Work
Group and Steering Committee). Recounted that there was no discussion of
Transition Areas I and II issues at facilitated meeting. Development already violates
the idea of orderly growth in transition areas because Lake Hogan Farms and other
developments (Highlands, Camden) are non - contiguous. Road improvements at
Calvander intersection noted to illustrate Board of Aldermen insensitivity to local
residents, i.e., Brockwell fencing identified as important landscape feature in small
area planning process and at facilitated conference and torn down by DOT.
5. Jean Earnhardt - Member of process throughout, including Ordinance Drafting
Committee. Expressed support for the plan/process. Noted that plan was not perfect
and ordinance would not please everyone, but that it represented the interests of all
involved and codified the spirit of the plan.
6. Christie Boros - Rural Buffer resident. Recommended that BOCC completely erase
the Small Area Plan, especially the village proposal. Proponents of plan/ordinance
have expressed utopian ideals. Plan/ordinance do not address present problems such
as solid waste and Carrboro's actions on that issue suggests that Carrboro does not
honor the concept of the Rural Buffer.
7. Jef - +Noted that he had submitted a letter. Reiterated that BOCC should recommend
that no office assembly conditional use districts be allowed as the proposed district
did not match what had been agreed to by facilitated meeting participants. Felt it
reprehensible for Carrboro to eliminate industrial park provisions for areas in town in
1989, but to apply it in transition area.
8. Kathy Kaufman - Member of Steering Committee and Ordinance Drafting
Committee. Felt that village mixed use (VMU) is too big at 200 acres max, maybe
put a cap on number of dwelling units, say 400. Felt participants were under
impression that only one VMU and one office assembly conditional use district would
be allowed.
9. Ruffin Slater - Concerned about effect of ordinance on housing costs, i.e., don't
make process so difficult that affordable housing can't be done. Commended
ordinance for requiring a mix of housing prices and styles in the VMU districts.
23
Issues:
I. Land Use Plan and Land Use Plan Map Amendments
incorporating Northern Study Area "Facilitated"
Plan
A. location of non - residential uses
B. how much non - residential use
II. Transition Area Definitions with respect to T -I
and T -II - (1) new "definition" of when Transition
Area II can develop at density exceeding one
housing unit per gross acre. [Present definition
permits when 75% of the gross land area of
Transition Area I is made up of:
1. lots containing one acre or less
2. approved developments at a density of at
least one unit /acre
3. streets, roads, utility easements
located outside of lots containing one
acre or less
4. lots used for commercial, industrial,
institutional or governmental purposes
5. tracts owned by UNC or other non - profits
and not available for development]
OR (2) eliminate distinction between Transition
Area I and Transition Area II
III. Floating Zones /Conditional Uses
A. who approves?
1. Transition Area I
2. Transition Area II
B. How approved (conditional use zoning)?
C. Types: residential, mixed use,
office /assembly
IV. Northern Transition Area Advisory Committee
A. advises who?
B. who appoints members?
C. composition by residence?
D. duties, responsibilities, work - who directs?
work product reported to who?
E. created in what document? Options:
1. Joint Planning Agreement
2. Joint Planning Area Land Use Plan
3. Carrboro Development Ordinance
Issue: Land Use Plan and Land Use Plan Map Amendments incorporating Northern Study Area
"Facilitated" Plan
Alternatives
1. Facilitated Small
Area Plan for Carr -
boro's Northern
Study Area
Source - recommended
by facilitated plan
work group, Orange
County Planning
Board and adopted by
Carrboro Board of
Aldermen
2. Facilitated Small
Area Plan for Carr -
boro's Northern
Study Area with
mixed use and /or
office /assembly
"nodes" identified
on Land Use Plan
Map
Source — responds
to citizen comments
Pro
see Attachment A;
Mixed Use and
office /assembly
uses directed
to areas best
able to support
them based on
analysis of site
and environmental
constraints.
see Attachment A;
eliminates citizen
anxiety associated
with not knowing
where mixed use
and office /assembly
uses will be locat-
ed; certainty of
location
Con
citizen anxiety
associated with
not knowing where
mixed use and
office /assembly
uses will be locat-
ed; certainty of
location
may be objection
to their location;
inflexibility may
hamper plan im-
plementation; may
require further
Joint Planning Area
public hearing(s)
followed by subse-
quent action by
governing boards
Action needed
and Timeliness
(Ripe for Action
or not Ripe for
Action
Amend Joint
Planning Agree-
ment and Joint
Land Use Plan;
Has been to
public hearing;
Ripe for action
Amend Joint
Planning Agree-
ment and Joint
Land Use Plan;
Whether public
hearing will be
needed depends
on where nodes
are located and
when they are
located (stale-
ness); Not Ripe
for action
N
A
25
Attachment A
The plan attempts to balance community, conservation
and development objectives within the Transition Areas and
extraterritorial jurisdiction that lie to the north of
Carrboro's town limits. Community and conservation
objectives include: allowing patterns of growth which
minimize negative impacts and maximize positive impacts on
the community; allowing for the efficient provision of town
services; the provision of a variety of housing types and
styles; development of a multi -modal transportation system;
and the conservation of natural and environmentally
sensitive areas.
The Facilitated Plan places primary emphasis for
development in the study area on residential activity,
although no site - specific proposals are included. The Plan
proposes the use of net, rather than gross, residential
density calculations, with reductions based on natural
constraints such as floodplains, steep slopes, and utility
easements. The plan also proposes to cluster a bulk of the
new residential development by encouraging village -scale
development, conservation of environmentally sensitive
areas, density bonuses for affordable housing meeting
certain development criteria, and neighborhood and
community -scale commercial centers.
The overall target density for the study area is
approximately the same as the current density of the town:
2.1 dwelling units per acre. The target density for mixed -
use areas is approximately five dwelling units per acre.
These development management options have been selected in
order to minimize the negative impacts of new development on
environmental quality, transportation, taxation, and
existing neighborhoods. These elements should discourage a
sprawled pattern of monotonous development, preserve
Carrboro's unique, small town character, and allow for the
creation of new, neighborhood - scale communities which can be
connected to existing and new areas via a network of open
space corridors.
The mixed -use and office /assembly districts described
in the plan allow for small -scale commercial and light
manufacturing activities to occur in the study area.
Conditional -use, floating zones in both categories are to be
established, which will require that rezoning requests for
these uses be supported by master plans for site
development. The plan proposes no changes to the small
commercial node at Calvander.
mydocuments /carrboroatt.doc
Issue: Transition Area Definitions with.respect to T -I and T -II
Alternatives Pro Con
1. maintain distinction tends to prevent
between T -I and T -II leapfrogging
Source - citizen
comments
2. Eliminate distinction
between T -I and T -II
(eliminates density
max now in T -II)
Source - Facilitated
Small Area Plan for
Carrboro's Northern
Study Area
3. maintain distinction
between T -I and T -II
but make methodology
for determining when
to eliminate T -II
density max more
workable
Source - citizen
comments and
Commissioner
Jacobs
definition work-
ability problem
gone; no pressure
to build -out T -I;
distinction between
T -I and T -II not
consistent with new
Land Use Plan
definition work-
ability problem
gone; tends to
prevent leap-
frogging; provides
vehicle for float-
ing zone process
compromise (who
approves where)
workability; may be
encouraging suburban
sprawl to achieve
T -I build -out; may
hinder new Land Use
Plan implementation
may encourage sub-
urban sprawl into
T -II
distinction between
T -I and T -II not con-
sistent with new Land
Use Plan and Map; may
encourage suburban
sprawl to achieve T -I
build -out
Action needed
and Timeliness
(Ripe for Action
or not Ripe for
Action
done (present
condition)
Amend Joint
Planning Agree-
ment and Joint
Planning Land
Use Plan and
Map;
Has been to
public hearing;
Ripe for action
Amend Joint
Planning Agree-
ment and Joint
Land Use Plan;
Has not been to
public hearing;
not Ripe for
action
M
Issue: Floating Zones /Conditional Uses
Alternatives
1. Zones located through-
out Transition Area;
may be residential,
mixed use or office/
assembly; approved by
Carrboro Board of
Aldermen
Source - Carrboro
2. Zones located through-
out Transition Area;
may be residential,
mixed use or office/
assembly; approved by
Carrboro Board of
Aldermen AND Orange
County BOCC
Source - Orange
County Planning Board
Pro
simple; immediately
implements new Land
Use Plan; more ef-
ficient administra-
tion and faster
review period; en-
courages use of
which may lessen
sprawl
approving /reviewing
government elected
by persons and land
owners affected;
BOCC check on Land
Use Plan consistency
3. Zones located through-
Phases in
out Transition Area;
1 in what
may be residential,
political
mixed use or office /
way
assembly; within
T -I, approved by
Carrboro Board of
Aldermen; within
T -II until T -II
density max in
place, approval
by Carrboro Board
of Aldermen and
Orange,County BOCC
Source - Commis-
sioner Jacobs
Alternative
may be a
acceptable
Con
persons and
land owners
affected can't
elect review-
ing government;
no BOCC check
on Land Use Plan
consistency
may hamper imple-
mentation of new
land use plan;
may discourage use
of which may in-
crease sprawl
may hamper imple-
mentation of new
land use plan;
may discourage
use of in T -II
which may increase
sprawl
Action needed
and Timeliness
(Ripe for Action
or not Ripe for
Action
Amend Joint
Planning
Agreement and
Joint Land Use
Plan and Map;
Has been to
public hearing;
Ripe for action
same as above
same as above
N
V
Issue: Northern Transition Area Advisory Committee
Alternatives Pro
1. Proposed
15 -27 of
Land Use
(see Atti
Source -
Section
Carrboro
Ordinance
achment B);
Carrboro
provides a plan
ning advisory
group focused
on the Carrboro
Transition Area
2. Carrboro proposal
provides a plan -
with 3 of 5
ning advisory
members appointed
group focused on
by BOCC from among
the Carrboro
persons living in
Transition Area;
Transition Area;
BOCC input in
periodic regular
membership, focus
reporting by Com-
and workplan; pro -
mittee to BOCC;
vides feedback to
Committee to "go
BOCC
to work" on:
Nworkable" way to
determine when
T -I - T -II dis-
tinction (include -
ing T -II density
max) is eliminated;
location, size and
number of "floating"
mixed use and office/
assembly districts
Source - Orange County
Planning Board
Con
may be amended
or abandoned with-
out concurrence
of BOCC; no BOCC
input in member-
ship, focus or work
plan; no feedback to
BOCC required
may be eliminated
or abandoned with-
out concurrence of
BOCC
Action needed
and Timeliness
(Ripe for Action
or not Ripe for
Action
Carrboro public
hearing; Carr -
boro Aldermen
action; pro-
bably Ripe for
action
Carrboro public
hearing; Carr -
boro Aldermen
action; pro-
bably Ripe for
action
M.
Issue: Northern Transition Area Advisory Committee (Cont.)
Alternatives
3. Orange County Plan-
ning Board proposal
but make Northern
Transition Area
Advisory Committee
part of Joint
Planning Agreement
Source - County
Administration
Pro
same as 2; Advisory
Committee cannot be
changed or eliminated
unilaterally by
Carrboro
Con
Action needed
and Timeliness
(Ripe for Action
or not Ripe for
Action
may need Joint
Planning Area
public hearing;
Carrboro, Chapel
Hill and Orange
County governing
board action
needed; probably
not Ripe for
action
N
CD
ATTACHMENT B 30
11.9 %98xD�RF�T ^COPY OFPROP ;COSED!NSAzO.RD.tI�IAI�I :�
Cotoneaster horizontalis Rockspray Cotoneaster
Crataegus monogyna Singleseed Hawthorn_:'
Crataegus laevigata English Hawthorn }`
All Cytisus scoparius Scotch Broom �=
Eleagaus angustifolia Russian Olive
Eleagnus umbellata Autumn Olive
Euonymus alatus Winged Euonoymus, Burning Bush
Euonymus japonicus Japanese Euonymus
Hedera helix English Ivy
All Ligustrum species including
Ligustrum japonicum Japanese Privet
Ligustrum lucidum Waxleaf Privet
Ligustrum vulgare European Privet
Ligustrum sinense Ciiinese Privet
Ligustrim x vicari Golden Vicary Privet
Lonicera maackii Bush Honeysuckle
Loaicera nitida Boxleaf Honeysuckle
Lonicera tatarica Tatarian Honeysuckle
Miscanthus sinensis Eulalia, Maiden Grass
Taxes cuspidate Japanese Yew
Viburnum opulus , European Cranberrybush Viburnum
Vince major Large Periwinkle
Vinca minor 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
appointed by the board of aldermen. All members shall be residents of the Northern Transition Area For
the purposes of this section, the Northern Transition Area shall include those unannexed portions of the
Northern Study Area_ The Northern Study Area is defined as follows:
The boundaries of this area are Carrboro's joint planning jurisdiction line to the north and
Carrboro's Town limits to the south. The Carrboro /Chapel Hill joint planning jurisdiction
line serves as the boundary to the east. It begins north of Eubanks Road, follows Rogers
Road to Homestead, then proceeds southwest on Homestead road to High School Road
and finally turns south and east to the railroad right -of -way. A primary ridge line serves
as the northwest boundary line just east of Union Grove Church Road down to Dairyland
Road, where the road serves as the boundary heading southeast until it intersects, and Old
NC 86 serves as the boundary then turning southeast and running along Hillsborough
Road to Greensboro Street.
(b) Members of the committee shall be appointed for three year staggered terms, but members
may continue to serve until their successors have been appointed. Initially, the terms of all membership seats
on the committee shall expire on January 31, 1999. Thereafter, two members shall be appointed for three-
CE
two members shall be appointed for terms of two years, and one member shall be appointed for a
one year. All members shall thereafter be appointed for terms of three years.
(c) The same provisions that govern the removal of planning board members (Subsection 15-
e)) shall apply to committee members.
d The committee shall establish a () regular meeting schedule. Minutes shall be kept of all
meetings.
(e) A quorum for the committee shall consist of three members. A quorum is necessary for the
committee to take official action.
(f) All actions of the committee shall be taken by majority vote, a quorum being present.
(g) The committee shall designate one of its members to serve as chair and one member to serve
as vice - chair. These officers shall be selected annually at the committee's first regular meeting in February
and shall serve for terms of one year unless their terms. of appointment to the committee sooner expire.
Vacancies shall be filled for the unexpired terms only. The chair and vice -chair may take part in all
deliberations and vote on all issues.
(h) The committee shall have the following powers and duties:
(1) Review zoning amendment requests and special and conditional use permit
applications for developments within the.. Norther .Transition Area and make
recommendations on the same to the board of adjustment or board of aldermen,
respectively.
3 (2) Initiate studies related to the special character of the Norther Study Area.
a)
Inventory of areas of cultural, archaeological, or historical significance.
b)
3
Inventory of open space character and scenic qualities.
} c)
Inventory of agricultural uses
1. Land in Use Value
7
a. Horticultural
3
b. Agricultural
3
C. Timber
1
2. Farming as business
2
a. Large field crops
3
b. Metro farms, specialty crops
4...
5 d.
Inventory of biological value
6
(Page 31 of 33
31
._....�.�.��D .' Q,..F�T
1. Tree species diversity, exceptional tracts of forest land
2. Rare occurrences (i.e. Upland Depression Swamp)
3. Wildlife
a. Audubon annual bird count
b. Deer population
32
(3) Use the studies above as the basis of its development of, and recommendations for,
additional policies, objectives, goals, plans, ordinances, and administrative actions
that will preserve and enhance that special character, and relate to its growth.
(4) Develop and recommend to the Board of Aldermen' policies, ordinances,
administrative procedures and other means for carrying out plans in an efficient and
coordinated manner.
(5) Track and review other studies and plans that will have an impact on the Northern
Study Area — including those of the Chapel Hill Town Council, The Orange County
Board of County Commissioners and their appointed committees — and give feedback
to the originating governing body.
(6) Meet annually with the Carrboro Planning Board for a joint planning session.
(7) Perform other duties as assigned by the Board of Aldermen.
SECTION 2S. Article XVIII is amended by adding a sentence to Section 15- 291(f) as follows:
"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 (J) 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.
(1) Porches shall span 80% 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.
. » ....- ......._»...._...._ .- ....._ .........»- .._- -age 3Z of 33- ..._ ....- ......... .. _ _.......__ .................
(P - .... _. »........ »...........
A RESOLUTION
I.
AMENDING THE JOINT PLANNING AREA LAND USE PLAN TO
INCORPORATE THE FACILITATED SMALL AREA PLAN FOR
CARRBORO'S NORTHERN STUDY AREA
II.
ADOPTING A JOINT PLANNING AGREEMENT AMENDMENT TO
IMPLEMENT RECOMMENDATIONS CONTAINED IN THE FACILITATED
SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA
III.
MAKING RECOMMENDATIONS CONCERNING THE NORTHERN TRANSITION
AREA ADVISORY COMMITTEE AND AGREEING TO CONSIDER FURTHER
AMENDMENTS TO THE JOINT PLANNING AREA LAND USE PLAN AND
JOINT PLANNING AGREEMENT CONCERNING THE IMPLEMENTATION OF
THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN
STUDY AREA
WHEREAS, Orange County, the Town of Chapel Hill, and the
Town of Carrboro entered into a Joint Planning Agreement, dated
September 22, 1987, as amended April 2, 1990, and
WHEREAS, pursuant to the Joint Planning Agreement, a Joint
Planning Area Land Use Plan was adopted on October 13, 1986 by
all parties to the Joint Planning Agreement, and has since been
amended on several occasions; and
WHEREAS, A Small Area Plan that provides a framework for the
future use of land within Carrboro's northern growth area was
accepted by the Carrboro Board of Aldermen on August 19, 1997,
and
WHEREAS, the Small Area Plan was the product of a four year
planning process that involved numerous public officials,
planners, and residents of the affected area, culminating in a
two -day facilitated workshop sponsored by Orange County, Chapel
Hill, and Carrboro; and
WHEREAS, the geographic area covered by the Small Area Plan
includes Carrboro's Transition Area as identified in the Joint
1
33
z
34
Planning Agreement, which area is also covered by the Joint
Planning Area Land Use Plan; and
WHEREAS, implementation of the recommendations contained in
the Small Area Plan requires certain amendments to the Joint
Planning Area Land Use Plan; and
WHEREAS, the Small Area Plan was considered by Orange
County, the Town of Chapel Hill, and the Town of Carrboro at a
Joint Public Hearing on April 8, 1998;
NOW THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY
HEREBY RESOLVES THAT THE JOINT PLANNING AREA LAND USE PLAN BE
AMENDED AS FOLLOWS:
1. Section VII of the Plan ( "Overview of Implementation
Strategies ") is amended on page 91 by adding under the heading
"Coordination with other Plans" a second paragraph to read as
follows: "Without limiting the generality of the foregoing, the
'Facilitated Small Area Plan for Carrboro's Northern Study Area,'
accepted by the Carrboro Board of Aldermen on August 19, 1997, is
specifically incorporated by reference into this Plan and
supersedes any provisions of this Plan that are inconsistent with
the Small Area Plan with respect to the CJDA Transition Area."
See Exhibit A.
2. Section V of the Plan ( "Joint Planning Operating
Principles") is amended on page 59 by deleting the entirety of
the first paragraph (including numbered subparagraphs 1 through
5). See Exhibit A.
2. Section VI of the Plan ( "Future Land Use - Joint
Planning Area ") is amended on page 71 by deleting from the first
2
35
paragraph under the heading "Transition Areas" everything after
the first two sentences and by adding to the second paragraph
under the heading "Transition Area" the following: "The
Facilitated Small Area Plan for Carrboro's Northern Study Area
supersedes the Joint Planning Area Land Use Plan in the Carrboro
Transition Area to the extent that it is inconsistent with the
Joint Planning Area Land Use Plan." See Exhibit A.
The amendments to the Joint Planning Area Land Use Plan
shall become effective upon adoption by the governing bodies of
Orange County, Chapel Hill and Carrboro.
NOW THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY
HEREBY RESOLVES THAT THE JOINT PLANNING AGREEMENT BE AMENDED AS
FOLLOWS:
1. Section 1.2 (Definitions) of the Agreement is amended
by deleting from subsection H ( "Transition Area ") everything
after the first three sentences. See Exhibit B.
2. Section 2.1 (Standards Within the Transition Area) of
the Agreement is amended by deleting the last sentence of
paragraph B, which provides "Transition Area II shall have
density limited pursuant to Section 1.2H." See Exhibit B.
3. Subsection 2.6E of the Agreement is amended by
rewriting the second sentence as follows: "With respect to
property that is located within the CJDA Transition area, changes
in zoning classifications, including changes to the "floating"
conditional use districts designed to implement the
recommendations of the "Facilitated Small Area Plan for
Carrboro's Northern Study Area (i.e. changes to Carrboro's
3
36
Village Mixed Use conditional use district or Office /Assembly
conditional use district) may not be made unless and until an
ordinance approving such zoning map amendment has been approved
both by Orange County and Carrboro following a joint public
hearing by the two governing bodies. See Exhibit B.
The amendments to the Joint Planning Agreement shall become
effective upon adoption by the governing bodies of Orange County,
Chapel Hill and Carrboro.
THE BOARD OF COUNTY COMMISSIONERS FURTHER HEREBY RESOLVES AS
FOLLOWS:
1. In order to implement certain Orange County Planning
Board recommendations, the Orange County Board of Commissioners
recommends that the Carrboro Northern Study Area ordinance be
written so that the Northern Transition Area Advisory Committee:
a. have five members;
b. three of the five members be appointed by the
Orange County Board of Commissioners from among
citizens living and owning property in the
Carrboro Transition Area;
C. make periodic and regular reports to the Orange
County Board of Commissioners on the work being
done by the Committee;
d. be authorized and "created" in the Joint Planning
Area Land Use Plan (Facilitated Small Area Plan
for Carrboro's Transition Study Area).
2. In order to create an option to authorize Carrboro to
approve Village Mixed Use and Office /Assembly conditional use
4
"floating" zone districts, the Orange County Board of
Commissioners agrees to consider, at an appropriate time in the
future, recommendations from Carrboro for amendments to the Joint
Planning Area Land Use Plan and Joint Planning Agreement on the
following:
a. reimplementing T -I - T -II distinction coupled with
a "workable" definition of a way to determine when
T -I - T -II distinction (including T -II density
maximum) is eliminated;
b. the location, size and number of "floating" mixed
use and office /assembly districts;
C. authorizing Carrboro to solely approve conditional
use permits for Village Mixed Use and Office/
Assembly districts in T -I and, when T -I density
maximum achieved, in T -II.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing resolution was
adopted this the day of
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
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.
9
37
WITNESS my hand and the seal of said County, this day
of , 1999.
mydocuments \jparesolution.doc
Clerk to the Board of Commissioners
KI
Exhibit A
(SECTION VII - OVERVIEW OF IMPLEMENTATION STRATEGIES)
service in the watershed would be reconsidered following a study regarding the
advisability of such extensions.
Public Investments
Development of a capital improvements program and budget is a key
implementation tool. It requires integrating both County and municipal plans with
recommendations and priorities for programming the fiscal outlay for capital
improvements during the plan period. This administrative tool provides decision - makers
with guidance mechanisms aimed at coordinating the improvement of the provision of
public services and facilities with the private development they are intended to serve. In
particular the provision of water and sewer facilities, roads, schools and parks, among
others, should be considered and approved in light of their development inducing impact
on a specific area.
Coordination with other Plans
A successful and acceptable planning program necessitates the maximization of
coordination between the Land Use Plan and other official plans and policies and the
minimization of "conflicting signals ". The plan should seek consistency with existing
local, regional, state and federal plans and policies.
. Without limiting the generality of the foregoing, the "Facilitated Small
Area Plan for Carrboro's Northern Study Area," accepted by the Carrboro
Board of Aldermen on August 19, 1997, is specifically incorporated by
reference into this Plan and supersedes any provisions of this Plan that are
inconsistent with the Small Area Plan with respect to the CJDA Transition
Area.
Public Education and Awareness
The primary and most effective implementation tool is the acceptance and
commitment of the general citizenry to the concept of the planning process and the
product evolving from that process: a Land Use Plan. Since the planning process
necessitates tradeoffs between the public and private use of land in a legal climate where
property ownership and use is highly revered, public awareness and support and,
consequently, public participation in the process should be facilitated and encouraged.
91 Joint Planning Land Use Plan
39
Exhibit A
40
_ - (SECTION V - JOINT PLANNING OPERATING PRINCIPLES)
r
Lll ., - 1..
4. Lets - � ets ♦1. m ffe used 93r. Beffimer-eial, Zr:dustF# 1'rse�t�B$ •3t,�r-
b
The underlying or more detailed land use plan categories include: Resource
Protection; Public- Private Open Space; New Hope Creek Corridor Open Space; Suburban
Residential; Urban Residential, Office - Institutional; Future UNC Development; Retail
Trade; Light Industrial; and Disposal Use. These categories are described below. .
• Resource Protection Areas designated within Transition Areas of the Joint
Planning Area Land Use Plan include floodplains, wetlands along drainage tributaries,
and steep slope areas (15% or greater). The areas form the basis for a parks and open
space system (see Strategy Maps) which provides the framework within which other land
uses are situated.
Public- Private Open Space Areas in the Transition Areas include UNC lands
(excluding Horace Williams Airport and adjacent tracts), the 100 -foot buffer along I-40,
and a tract connecting the two landfill sites. These sites provide open space in the midst
of areas planned for urban expansion.
New Hone Creek Corridor Open Space Areas include some of the Resource
Protection Areas and a portion of the PubliU?rivate Open Space Areas which were
designated as significant and worthy of protection according to the New Hope Corridor
Open Space Master Plan completed in April of 1991. (See Master Plan Map following
Strategy Maps). The areas are part of a system of open space in Durham and Orange
Counties along New Hope Creek and its tributaries between Eno River State Park and
U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up of
critical environmental areas such as stream beds, floodplains, steep slopes, and larger
tracts of historic, educational, or recreational value.
59 Joint Planning Land Use Plan
Exhibit A
SECTION VI
FUTURE LAND USE - JOINT PLANNING AREA
In this section, anticipated patterns of future land development are outlined for the
Joint Planning Area, exclusive of Carrboro and Chapel Hill. The future land use patterns
described in this section are based, in part, on the population, economic and existing land
use trends identified in background studies. Also considered in the formulation of these
patterns were environmental features, infrastructure and service concerns, operating
principles, locational standards and concept/strategy maps developed for the Joint
Planning Area or currently existing in the Orange County Land Use Plan. Finally,
comments received at public hearings, public information meetings, and the
recommendations of town and county advisory and governing boards were considered in
the formulation of the plan. The discussion of the Plan centers on two broad categories of
land use - Transition Areas and the Rural Buffer.
*TRANSITION AREAS
*Amended
2/3/92 (effective 2/24/92)
Transition areas are located adjacent to the urban areas of Chapel Hill and
Carrboro. They are in the process of changing from rural to urban uses or are already
urban in use; are developed at or suitable for urban -type densities; and are now provided
or are projected to be provided with urban services.
- - -- — -- --a-
-� ...� -.._,.
a .
de,,,eleped
Y
at
u
densities d fer-
:derA
uses
led
the
.. de -/.
.. lead use
1 t
described belew.
A-
TT 1..
..
tFaat be
_d r__
meky
a
a
a
f.,
e -` ° + /^7[/\ eft
he
la d
eFTre
.
, e. T L .-
a- --1seventy
----�
p
gr-
s menea
Ten categories of Transition Area have been depicted on the Joint Planning Area
Land Use Plan. These categories include Resource Protection, Public- Private Open
Space, New Hope Creek Corridor Open Space; Suburban Residential, Urban Residential,
Office - Institutional, Future UNC Development, Retail Trade, Light Industrial, and
Disposal Use. These categories are described below. The Facilitated Small Area
Plan for Carrboro's Northern Study Area will supersede the Joint Planning
Area Land Use Plan in the Carrboro Transition Area to the extent that it
differs from the Joint Planning Area Land Use Plan.
Resource Protection Areas
Resource Protection Areas in Transition Areas have been designated on the Land
Use Plan to include flood plains, and wetlands along drainage tributaries and steep slope
71 Joint Planning Land Use Plan
41
Exhibit B
(JOINT PLANNING AGREEMENT)
Section 1.2 Definitions
H. Transition Area. That portion of the Joint Planning Area designated on the
Joint Planning Area Land Use Map as such. This area is further defined as
being in transition from rural to urban or already urban in density. Urban
services (public utilities and other town services) are now provided to this
area or are projected to be provided to this area. :PAe-pek e
1 r.-1 @6a♦—.,;.m ;.a . .. - f less;
9 lBag ene 1—IH-£ per- aEFE; ,
f
• 7 ) 7
a
42
Use lklap. The
1..... ing
Are..
T .�nd_Use
Plea
.; ll p e1e that
B'
b '
shall
tme4
_ ,
no
may,
a
a
0
a
1 r.-1 @6a♦—.,;.m ;.a . .. - f less;
9 lBag ene 1—IH-£ per- aEFE; ,
f
• 7 ) 7
a
42
Exhibi t B
- _ (JOINT PLANNING AGREEMENT)
Section 2.1 Standards Within the Transition Area
B. Carrboro shall prepare a Zoning Map for that portion of the Transition
area that lies within the CJDA and shall recommend its adoption by
Orange County, which upon approval and adoption as prescribed in
Subsection C of this Section, shall become part of the Orange County
Zoning Ordinance. The Zoning Map shall be prepared using zoning
districts which correspond with the density. designations and plan
classifications as prescribed in the adopted Joint Planning Area Land Use
Plan and the adopted Joint Planning Area Land Use Map for the CJDA.
43
4
t
Exhibit B
(JOINT PLANNING AGREEMENT)
Section 2.6 Text and Map Amendments
E. With respect to property that is located within the CHJDA Transition area,
changes in zoning classifications may not be made unless and until an
ordinance approving such zoning map amendment has been approved both
by Orange County and Chapel Hill following a joint public hearing by the
two governing bodies. With respect to property that is located within the
CJDA Transition area, changes in zoning classifications, including
changes to the "floating" conditional use districts designed to
implement the recommendations of the "Facilitated Small Area
Plan for Carrboro's Northern Study Area" (i.e. changes to
Carrboro's Village Mixed Use conditional use district or
Office /Assembly conditional use district) may not be made unless
and until an ordinance approving such zoning map amendment has been
approved both by Orange County and Carrboro following a joint public
hearing by the two governing bodies. Requests for rezonings within the
Transition areas that are filed with the County shall be referred to the
respective towns to initiate the amendment process.
44
Comparison of Orange County and Carrboro Resolutions Specific to the Facilitated Small Area
Plan and Amendments to the Joint Planning Agreement
U. SE: .::::::::::::::::..
...::...............................::::..
it UiE� ..:::::::::.......::.::::.::
1..::.:......:..........
I`E' ilRi ......:.. :...........:::::::::.:::::..:.
.................... IOr.:::::::.:::::::..:......... ............:iIlfar@tl:.;:.
. >:::
Section VII - Overview of
Incorporates by reference
Incorporates by reference
None
Implementation Strategies,
the Facilitated Small Area
the Facilitated Small Area
page 91
Plan and supersedes
Plan and supersedes
provisions that are
provisions that are
inconsistent
inconsistent
Section V - Joint Planning
Deletes reference to
Keeps reference to T -I and
Carrboro retains T -I - T -II
Operating Principles, page
Transition Areas I and II
T -II, but deletes density
distinctions solely for
95
(T -I and T -II) and density
limitations in T- II
purpose of determining who
limitations in T -II
approves CU zones; Orange
County does not retain T -I -
T -II distinctions. County
resolution addresses this by
making CU zone approval
solely by Carrboro a future
consideration.
Section VI - Future Land
Deletes reference to T -I - T-
Keeps reference to T -I - T-
Carrboro retains T -I - T -II
Use- Joint Planning Area,
II and density limitations in
II and adds that Carrboro
distinctions solely for
page 71
T -II. Adds text that
may adopt "floating"
purpose of determining who
Facilitated Small Area Plan
conditional use zones
approves CU zones; Orange
supersedes provisions
without Orange County
County does not retain T -I -
inconsistent with JPA Land
concurrence in T -I and,
T -II distinctions. County
Use Plan
after 75% buildout in T -I,
resolution addresses this by
without Orange County
making CU zone approval
concurrence anywhere in
solely by Carrboro a future
the Transition Area.
consideration.
:......:..... CIi.::::.....
Section 1.2 (Definitions)
Deletes reference to T -1- T-
Retains reference to T -I - T-
Carrboro retains T -I - T -II
subsection H (Transition
II and density limitations in
Il; eliminates density
distinctions solely for
Area)
T -II
limitations in T -II
purpose of determining who
approves CU zones; Orange
County does not retain T -I -
T -II distinctions. County
resolution addresses this by
making CU zone approval
solely by Carrboro a future
consideration.
Section 2.1 (Standards
Deletes reference to T -II
Deletes reference to T -H
None
Within the Transition Area),
and density limitations
and density limitations
subsection B
Section 2.6 (Text and Map
Includes "floating" CU
Excludes "floating" CU
Carrboro retains T -I - T -II
Amendments), subsection E
zones among actions
zones within T -I from
distinctions solely for
requiring joint approval by
actions requiring joint
purpose of determining who
County and Town
approval by County and
approves CU zones; Orange
Town; provides for joint
County does not retain T -I -
approval in T -II until T -I
T -II distinctions. County
buildout is achieved; also
resolution addresses this by
defines conditions under
making CU zone approval
which T -I will be
solely by Carrboro a future
considered built out
consideration.
The County resolution also makes recommendations concerning the Northern Transition Area Advisory Committee in
terms of composition, work, and reporting activity that are for the most part, contained in Carrboro's proposed Northern
Study Area Ordinance. The County resolution also offers consideration of Joint Planning Agreement and Joint Planning
Area Land Use Plan amendments which could lead to Carrboro having sole approval authority of conditional use zoning
in the Transition Area.
Jan -07 -99 05:23P Town of Carrboro 91968 7737 P.02
TOWN OF CARRBORO
NORTH CAROLINA
•
January 7, 1999
John M. Link, Jr.
Orange County Manager
PO Box 8181
I1illsborough, North Carolina 27278
Mr. Link:
On January 5, 1999 the Carrboro Mayor and Board of Aldermen met and discussed
Commissioner Jacobs' proposal regarding the Northern Study Area as well as those
concerns expressed by other Commissioners during their meeting of December 15, 1998.
1 agreed to summarize the actions taken by the Mayor and Board of Aldermen at its
meeting in order to allow you and your staff sufficient time to consider these actions. A
formal written response from the Mayor will be delivered in the near future that
communicates these actions with proposed language changes to the resolutions.
At the January 5th. meeting the Mayor and Carrboro Board of Aldermen agreed to the
following changes and clarifications to Commissioner Jacobs' proposal:
• The Board voted to add language to the definition of the village mixed use district in the
draft ordinance that limits the total acreage allowed for villages to 350 gross acres and to
limit the total number of villages to no more than three.
• The Board voted to change the definition of the O/A district in the draft ordinance to specify
that these districts shall comprise no more than 25 acres of the Northam Study Area and the
total number of districts shall be limited to no more than five. The Board wishes to reiterate
that the office assembly use districts would only be approved in accordance with the good
neighbor performance standards included in the draft ordinance.
• It was the consensus of the Hoard to relay to the Orange County Commissioners that the
participants in the facilitated process agreed unanimously to the concept of floating cones.
The Board feels obligated to maintain the floating zones. The town staff recently conducted
a suitability analysis that identified three general areas where village development could
possibly occur.
• It was the consensus of the Board that the joint planning agreement resolution amendment be
modified to reflect Commissioner Jacob's proposed condition: "'Ilrat until Transition Area I
reaches the 75 percent build -out stipulated in the Joint Planning agreement, the Board of
County Commissioners retains with the Carrboro Board of Aldermen the right to approve
"floating" conditional use mining districts on properties located entirely in Transition Area
II -"
• It was also the consensus of the Board that paragraph four of Jacobs' proposal should be
amended to read: "That when Transition Area I achieves the agreed upon build out, the
901 WEST MAIN STREET. CARRBORO. NC 27910 • 1919! 942.8941 • FAX 19191 968 7737 • TOP 18101 968 -7717
AN EQUAL OPPORTUNITY EMPLOYER
JAn -07 -99 O6:24P To n of Carrboro 91.968 7737 P.O3
county will relinquish all development review authority over conditional use zoning, except
courtesy review.
It was the consensus of the hoard to address now a definition for the 75% buildout and to
propose a definition.[ The following definition was proposed: A seventy-five percent build -
out level would consist of any combination of; (i) lots containing one acre or less or lots of
any size that, by virtue of restrictive covenants or governmental regulations, cannot bo
further subdivided; (ii) residential developments approved for development at a density of
at least one unit per acre or under circumstances where lots so approved, by virtue of
restrictive covenants or governmental regulations, cannot bo further subdivided; (iii) streets,
roads, and utility easements, either existing or located in approved developments; (iv) lots
or tracts that are used for commercial, industrial, institutional, or governmental purposes, or
for which zoning, special use, or conditional use permits have been approved authorizing
such uses; and (v) tracts that are owned by the University of North Carolina or other non-
profit entities and that are not available for development.]
1 hope this information is helpful. Again these are the highlights of the Board's action. A more
detailed response will be delivered as soon as possible with proposed language to amend the
resolutions. If you have questions, please call myself at 968 -7706 or Roy Williford, Planning
Director or Trish McGuire, Land Use Planner at 968 -7713. i sincerely appreciate the efforts you
and your staff are taking to accommodate this tight deadline.
Yours truly,
/ Robert W. Morgan
Town Manager
JAn -12 -99 12:33P Tob of Carrboro 919:68 7737 P.02
TOWN OF CARRBORO
NORTH CAROLINA
January 12, 1999
Chairperson Alice Gordon
Orange County Board of County Commissioners
P.O. Boat 8181
1}lillsborougb, NC 27279
I-
This letter is in response to questions raised by the Board of County Commissioners during their review
of the Joint Planning Agreement and Joint Planning Area Land Use Plan amendments on December 15,
1998. The letter also addresses a proposal presented by Commissioner Barry Jacobs that evening for
approval of the resolutions previously adopted by Carrboro and Chapel Hill, subject to several conditions.
The town's public hearing on the "NSA Ordinance" was held on December 16, 1998. Subsequent to the
presentation and public comment period, the Board of Aldermen identified several issues that would
benefit front additional analysis and further discussion. These issues included: clarification of the need
for floating zones, an analysis of the number of `villages" possible in the study area, an analysis of the
number of O/A conditional use districts in the study area, and an analysis of the implications of
Commissioner Jacobs' proposal. The Board also discussed the need for providing a written response to
the Hoard of County Carnmissiongs' questions and agreed that the content of this communication would
be finalized during a worksession with the ordinance Drafting Committee on January 5, 1999.
With regard to the issue of the need for floating zones, it is critical to note that this concert was
unanimously agreed to by the participants in the facilitated mating. The Mayor and the Board of
Aldermen are committed to this concept and feel obligated to maintain the floating zones agreed tom the
planning per•
On January 5. 1999. the Board diewssed a village suitability analysis that had been prepared by staff of
the Planning Department. This analysis identified three general locabons m the study arcs where village
deveioprow could possibly occur. The analysis was based upon specifications included in the draft
ordinance, as well as several assumptions of site charactcristma appropriate for village development. As
an assurance that it is not the intention ofthe Town for villages to proliferate throughout the study area,
the Board bas directed staff to amend the draft ordinance to specify that a total of 350 gross acres may be
rezoned to the village mixed use district and that no more that three villages will be permitted.
Although consensus was not reached on the OWWWAssembly concept during the facilitated meeting, the
Board supports this concept and the district as it is proposed in the draft ordinance. At the suggestion of
Randall Arendt, design features and good neighbor performance standards have been created to ensure
tires thaw developments will not adversely impact adjacent residential development. Some concern has
been expressed that there appears to be almost limitless opportunities for these developments, due to their
small size. As a consequence, the Board has directed staff to amend the draft ordinance to specify that a
total of 25 sent may be rezoned to O/A districts and that no more than five O/A developments will be
permitted.
!01 WEST MAIN STREET. CARRBORO_ NC 27510 • 16161 oat 6041 • FAX 19161 668 7737 • TOO 10191 966.7717
AN EQUAL OPPORTUNITY EMPLOYER
Jan -12 -99 12:33P Town of Carrboro 919 968 7737 P.03
Pape 2
Janunry 12,1999
7U proposal presented by Cmnadmoner Jacobs' on Docember 15 recommended adoption of the Joint
Planning resolutions regarding Carrboro's Small Area Plan, subject to nine conditions. 'The conditions
address several issues associated with the Northern Transition Area Advisory Committee (NTAAC) and
the continued Participation by the Beard of County Commissioners in the oonditional use district mooing
process until 75 percent build -out of Transition Area I has been reached. A copy of the proposal is
attached (Attachment A). Numbers have been added in order to make it easier to discuss each condition.
The Board of Aldermm stands by its original proposal as modified above. However, the Board can agree
with the substance of the conditions proposed by Commissioner Jacobs and proposes to address each
condition, as follows:
Conditkm 1 and 2. These am addressed in proposed amendments to the Joint Planning
resolutions adopted by the Board of Aldermen on May 26, 1998. The amendments are noted in bold text
in the attached copies of revised versions of these resolutions (Attachments B and t).
Condition 3. An amendmnat to the Joint Planning Agreement n proposed. Following
consultation between Geoff Gledhill and Mike Brough, Commissioner Jacobs' specific language was
modified to reflect that the minty would relinquish jurisdiction over only conditional use rezonings,
ether than all re zonings, once Transition Area I had reached the agreed upon build -out (Attachment Q.
Conditions 4. S_ and 6. A revised definition of the 75 percent build -out, consistent with
Commissioner Jacobs' proposal has been included as an amendment to the Joint Planning Agreement
resolution (see paragraph 2 of Auschmem Q. The Board of Aldermen felt that it was not practical to
wait for a defiaWm to be developed by the NTAAC bocause the committee will not be established until
the resolution amendments and NSA ordinance amendments are approved.
Conditions 7. 8_ and 9. Proposed amendments to the draft NSA ordinance that address thane
concerns have been prepared. Amendments to the VMU and O/A districts definitions arc shown in bold
in the excerpted sections of the draft ordinance (Anaelments D and E). Amendments rag WWW
appoirdrnprts to the NTAAC by the Board of County Commissioners and the regular submission of
reports to the me also noted in told text in the attached copy of the ordinance section that
esbblishos that ooantittee (Aftcluncut F).
It is the understanding of the Board of Aldermen that, should the tout Planning resolution amendments
be aooeptabk to the Board of County Commmissioners, amended versus of the resolutions will need to be
adopted by Chapel Hill and Carrboro.
'Thank you for your consideration of this matter.
Sincerely,
�kkck4 3
Michael Nelson
Mayor
Attachments. 6
Cc: OMP County Board of County Commissioners; John Link; Town of Carrboro Ordinance
Draftiag Committee
9168 7737 P.04
Jan -12 -99 12:34P Tot of Carrboro
9i96a438a4 P.01.,01
Attachment A
I submit for your consideration ft fOROVA ng ca- poa>oaaso propasai oa Iran 911..W,,h I
belitvu adoguateiy addresses most concerns cxpwssed by ci lam of t! a atfaxcd awn. tba
study gmttp. and du Ctudxno Hoard of Aldermen_
Batty lambs
The Board of Orange County Commissioners coodattes to suppott the pti=lples ..
of Joint Planning. and consistent with dense principles and sw eeruents adopts the
proposals to amend die Joint Planning Area i a d, Use Plan and Map, and the Joint
Planning Asrecmeat, in order to iacorpora; the Facilitated Small Area Plan for
Cattbom's Northern Study Area, subject to the following conditiosts:
Q — That until Transition Area 2 reaches the 75 Percent build-out stipulated in the
Joint Planning agmesz m%t dw Board of County Commissioners retains with the Unboro
Board of Aldermen the tight to approve " floating" conditional use zoning districts on
Properties located entirely in Transition Aron II;
--That said zoning consideration be coodueted at a joint public heating based on
the land use plan basin adopted for CarrboWs Northern Study Am with the respective
elected boards making their dedsions following cuswmaty consultation with their
planning boards and the Nodthern Transition Arcs Advisory Committee, with agmewmwt
by both elected boards necessary for appawal;
0-11hat when Transition Area I achkm the agreed upon build -on, the county viii
relinquish ail jurisdiction over zoninS in CartboWs Notdaeaa ShAy Area, arAbe Hwhad
to oouw_v review;
(jD--That among the fast Wins for cmtsidaiWoa by the No&= Transition Am
Advisory Couunitwe be a workable definition. of 75 prtvm build-out, for Tranuwa Area
I, taking into account deed readcdons that tray tender Ines built out despite low r elasive
(2—Tku the propostd deficidoo of 75 pert = build -out be submitted for approval
by the Catsbow Board of Aldereaea and the Board of C uaty Commissioners;
S—ibat after adoption of the definition of 75 pmew build -ow by both elected
boards, th�c eowotty wilt accept at the appropriate tinw, upon adequate pre3t mudon by
Caaboro, drat the threshold bas been wadiod, and eondude the weessity for recognizing
Transition Area Il:
(2)--That also wmxW the first nutters for t000mzrtetrdstioa by the Norther
Transihm Arta Mvisory Calm ium to the Catrboro Board of Aldermen be a suitable
limitwou on the number of"aoauW village mixed use districts and o$.celamembly
districts in the Northern Study Area. consistent with the conmw of residents is die area
add the Board of County Commissioners;
(M —That ft Menhom Transition Am Advisory Committee suhmit regular reports
to *c Board of County Cmwi a;
That the Northman Transition Area Advisory Committee be composed of duce
members appohwd by t'ht Board of County Commissioners and two by the Cant=
Board of Aldermen.
Please note that numbers (D have been added for reference purposes.
TOTAL P.01
Jkn -12 -99 12:34P TV of Carrboro 9168 7737
Attachment B
The following resolution was introduced by Alderman and duly seconded by
Alderman
A RESOLUTION AMENDING THE JOINT PLANNING AREA LAND USE PLAN
TO INCORPORATE THE FACILITATED SMALL AREA PLAN FOR
CARRAORO'S NORTHERN STUDY AREA
Resolution No. 47197 -98 * *REVISED **
WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro
entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2,
1990, and
WHEREAS, pursuant to the Joint Planning Agreement, a Joint planning -_ * ea Land
Use Plan was adopted on October 13, 1986 by all parties to the Joint Planning
Agreement, and has since been amended on several occasions; and,:.'.,
WHEREAS, A Small Area Plan that provides a framework for the future use of land
within Carrboro's northern growth area was accepted by the Carrboro Board of Aldermen
on August 19, 1997, and
WHEREAS, the Small Area Plan was the product of a four year planning process
that involved numerous public officials, planners, and residents of the affected area,
culminating in a two -day facilitated workshop sponsored by Orange County, Chapel Hill.
and Carrboro; and
WHEREAS, the geographic area covered by the Small Area Plan includes
Carrboro's Transition Area as identified in the Joint Planning Agreement, which area is
also covered by the Joint Planning Area Land Use Plan; and
WHEREAS, implementation of the recommendations contained in the Small Area
Plan requires certain amendments to the Joint Planning Area Land Use Plan; and
WHEREAS, the Small Area Plan was considered by Orange County, the Town of
Chapel Hill, and the Town of Carrboro at a Joint Public Hearing on April 8, 1998;
NOW THEREFORE, THE CARRBORO BOARD OF ALDERMEN HEREBY
RESOLVES THAT THE JOINT PLANNING LAND USE PLAN BE AMENDED AS
FOLLOWS:
I. Section V11 of the Plan ( "Overview of Implementation Strategies ") is
amended on page 91 by adding under the heading "Coordination with other Plans' a
second paragraph to read as follows: "Without limiting the generality of the foregoing,
the "Facilitated Small Area Plan for Carrboro's Northern Study Area," accepted by the
Carrboro Board of Aldermen on August 19, 1997, is specifically incorporated by
P.05
Jan -12 -99 12:34P TV of Carrboro 9168 7737 P.06
Page 2
Town of Carrboro
Resolution No.
reference into this Plan and supersedes any provisions of this Plan that are inconsistent
with the Small Area Plan with respect to the CJAA Transition Area."
2. Section V of the Plan {"Joint Planning Operating Principles ") is amended on page
59 by deleting the entirety of the first paragraph (including numbered
subparagraphs 1 through 5) except the first sentence of this paragraph, which
divides Carrboro's Transition Area into Transition Area 1 and Transition Area II.
(The deleted language prohibits the density of Transition Area II from exceeding
one unit per acre until at least 75% of the area within Transition Area 1 meets
certain developmental thresholds).
___L— _— ____ —L_ 1 .L_____L !' iTL_ J_I _a_J 1________ -J__ .J.. l�.. —L.. __I_ T__�__.: ___ ♦ __ _ . _
(Condition 1)
I Section VI of the Plan ( "Future band Use - Joint Planning Area") is
amended on page 71 by deleting from the first paragraph under the heading "Transition
Areas" everything after the first three sentences and adding in lieu thereof the
following: "As provided in the Joint Planning Agreement, when Transition Area I
has reached the 75% build -out threshold as defined in that Agreement, then
Carrboro may adopt "floating" conditional use district amendments applicable to
properties within the Carrboro Joint Review Transition Area without the
concurrence of the Orange County Board of Commissioners."
(Condition 1)
This resolution shall become effective upon adoption by the governing bodies of Orange
County, Chapel Hill, and Carrboro.
The foregoing resolution having been submitted to a vote, received the•followiitg vote
and was duly adopted this
Ayes:
Noes:
Absent or Excused_
I, Sarah C. Williamson, Town Clerk of the 'Town of Carrboro, do hereby certify that the
foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of
Aldermen on
Town Clerk
Jan -12 -99 12:35P Toot of carrbovo 9168 7737 P.07
Attachment C
The following resolution was introduced by Alderman and duly seconded by
A RESOLUTION ADOPTING A
JOINT PLANNING AGREEMENT AMENDMENT
TO IMPLEMENT RECOMMENDATIONS CONTAINED IN THE
FACILITATED SMALL AREA PLAN FOR
CARRBORO'S NORTHERN STUDY AREA
Resolution No. 42/97 -98 * *REVISED **
Whereas, Orange County. the Town of Chapel Hill, and the Town of Carr 9W
entered into a Joint Planning Agreement, dated September 22, 1987, as ame ed�ri 7,
2, 1990; and ow,
�
WHEREAS, A Small Area Plan that provides a framework fol the t. future use of
land within Carrboro's northern growth area was accepted by the Carrboro Board of
Aldermen on August 19,1997; and
WHEREAS, the Small Area Plan was the product of a four year planning process
that involved numerous public officials, planners, and residents of the affected area
culminating in a two -day facilitated workshop sponsored by Orange County, Chapel
Hill, and CwTboro, and
WHEREAS, the geographic area covered by the Small Area Plan includes
Carrboro's Transition Area as identified in the Joint Planning Agreement; and
WHEREAS, implementation of the recommendations contained in the Small Area
Plan requires certain amendments to the Joint Planning Agreement;
WHEREAS, the Small Area Plan was considered by Orange County, the Town of
Chapel Hill, and the Town of Carrboro at a Joint Public Hearing on April 8, 1998
NOW, TI•IF..REFORE, the Joint Planning Agreement is hereby amended as
follows:
1. Section 1.2 (Definitions) of the Agreement is amended by deleting from
subsection H ( "Transition Area"} everything after the first four sentences. (The deleted
language prohibits the density of Transition Area If from exceeding one unit per
Jan -12 -99 04:10P TV of Carrboro 91W68 7737 P.02
Page 2
Town of Cacttwro
Resolution No.
acre until at least 75% of the area within Transition Area I meets certain
developmental thresholds)
(.ondition # 1)
2. Section 2.1 (Standards Within the Transition Area) of the Agreement is
amended by deleting the last sentence of paragraph B, which provides- "Transition
Area IT shall have density limited pursuant to Section 1.2H."
3. Subsection 2.6E of the Agreement is amended by rewriting the second
sentence and by adding a new third and fourth sentence to read as follows: "With
respect to property that is located within the CJDA Transition area, changes in
zoning classifications, other than changes to the "floating" conditional use districts
designed to implement the recommendations of the "Facilitated Small Area Plan
for Carrboro's Northern Study Area (i.e. changes to Carrboro's Village Mixed Use
conditional use district or Office/Assembly conditional use district) may not he
wade unless and until an ordinance approving such zoning map amendment has
been approved both by Orange County and Carrboro following a ,joint public
hearing by the two governing bodies. The same procedure shall also be used to
approve changes to the foregoing conditional use districts affecting a development
located entirely within Transition Area 11 until Transition Area I has achieved a
75% build -out level, meaning that at least 75% of the gross land area of Transition
Area I consists of any combination of (i) lots containing one acre or less or lots of
any size that, by virtue of restrictive covenants or governmental regulations,
cannot be further subdivided; (ii) residential developments approved for
development at a density of at least one unit per acre or under circumstances
where the lots so approved, by virtue of restrictive covenants or governmental
regulations, cannot be further subdivided; (iii) streets, roads, and utility
easements, either existing or located in approved developments; (iv) lots or tracts
that are used for commercial, industrial, institutional, or governmental purposes,
or for which zoning, special use, or conditional use permits have been approved
authorizing such uses; and (v) tracts that are owned by the University of North
Carolina or other non - profit entities and that are not available for development.
Once this threshold has been reached (as determined by the Carrboro Board of
Aldermen and approved by the Orange County Board of Commissioners), the
county will relinquish all development review authority over such conditional use
zoning within the CJDA Transition area except courtesy review." awned -to r-O W
is Qu%
As implason! `0
1212A fog Q dy
14 40ning Map affiemkRah"".
,.
Jan -12 -99 12:36P Too of Carrboro 9168 7737
Page 3
Town of Carrboro
Resolution No.
pomit " (Conditions 1, 2, 39 4)
This amendment to the Joint Planning Agreement shall become effective upon
adoption by the governing bodies of Orange County, Chapel Hill and Carrboro.
The foregoing resolution having been submitted to a vote, received the following vote
and was duly adopted this
Ayes:
Noes:
Absent or Excused:
F`
1, Sarah C. Williamson, Town Clerk of the Town of Carrboro, do hereby certify that the
foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of
Aldermen on
Town Clerk
P.09
Jan-12-99 12:37P To of Carrboro 9168 7737 P-10
Attachment 0
Proposed Revisions to VMU DistrictUanuary 7,1999
SEmon 4. Article IX, Pail 1, is amended by adding a new Section 15 -141.2 to read
as follows:
Section 15 -141.2 Village Mixed Use District Fstab
(a) There is hereby established a Village Mixed Use (VMU) district. This
district is established to provide for the development of rural new villages at a scale intended
to continue Carrboro's small town character as described in its Year 2000 Task Force Report
and to promote a traditional concept of villages. The applicant for rezoning to this district
must demonstrate that its planning, design and development will achieve, but not necessarily
be limited to, all of the following specific objectives:
1. The preservation of open space, scenic vistas, agricultural lands and
natural resources within the Towp of Carrboro and its planning
jurisdiction and to minimize the, potential for conflict between such
areas and other land uses;
2. The creation of a distinct p stttiemettt' sJmnded by a
protected landscape of gene `lien. land used for agricultural,
forest, recreational and enviro jxoteetion purposes.
I Dwellings, shops, and workplaces generally located in close
proximity to each other, the scale of which accommodates and
promotes pedestrian travel for trips within the village.
4. Modestly sized buildings fronting on, and aligned with, streets in a
disciplined manner.
S. A generally rectilinear pattern of streets, alleys and blocks reflocung
the street network in existing small villages which provides for a
balanced mix of pedestrians and automobiles.
6. Squares greens, landscaped streets and parks woven into street and
block patterns to provide space for social activity, parks and visual
enjoyment.
7. Provision of buildings for civic assembly or for other common
purposes that act as visual landmarks and symbols of identity within
the community.
8. A recognizable, functionally diverse, but visually unified village
focused on a village green or square.
Jan-12-99 12:38P Too of carrboro 9168 7737 P-11
9. Development of a size and scale, which accommodates and promotes
pedestrian travel rather than motor vehicle trips within the village.
10. Compliance with the policies embodied in this chapter for the
development of a village mixed use.
(b) The VMU district shall be a conditional use district authorized under
N.C.O.S. 160A -382. As such, property may be placed within this district only in response
to a petition by the owners of all the property to be included.
(c) As indicated in the Table of Permissible Uses, the only permissible use
within a VMU district is a village mixed use development, and a village mixed use
development is only permissible within a VMU district.
(d) Property may be rezoned to the VMU district only when the property
proposed for such rezoning:
(1) Comprises at least fifty, but not more than two hundred, contiguous
acres. For purposes of this subsection, acreage is not "contiguous" to
other acreage if separated by a public street or connected only at a
point less than one hundred feet in width; and
(2) Ts 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 b OWASA water and sewer
() y limos whendevelped;
(e) No more than 350 grog` acres may be rezoag..the VMU district and
no more than three villages may be approved.
(f) Nothing in this section is intended to limit the discretion of the board of
aldermen to deny an application to rezone property to a VMU district if it
determines that the proposed rezoning is not in the public interest.
(g) When a VMU rezoning application is submitted (in accordance with Article
XX of this ordinance), the applicant shall simultaneously submit either (i) a conditional use
permit application for a village mixed use development in accordance with the provisions of
Section 15 -176.1 of this chapter, or (ii) an application for approval of a master plan for the
proposed village mixed use development, in accordance with the following provisions.
(1) The master plan shall show, through a combination of graphic means
and text (including without limitation proposed conditions to be
included in the conditional use permit for the proposed
development);
Jan -12 -99 12:38P TC315 of Carrbovo
9168 7737 P.12
a. The location, types, and densities of residential uses;
b. The location, types, and maximum floor areas and
impervious surface areas for non - residential uses;
C. The location and orientation of buildings, parking areas,
recreational facilities, and open spaces;
d. Access and circulation systems for vehicles and pedestrians;
C. 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 stotmwater runoff; and
g. How the development proposes to comply with the town's
"Village Mixed Use Vernacular Architectural Standards."
(2) The planning board, Northern Transition Advisory Committee,
Appearance Commission, Environmental Advisory Board,
Transportation Advisory Board (and other advisory boards to which
the board of aldermen may refer the application) shall review the
proposed master plan or conditional use permit application at the
same time it considers the appikant's rezoning request. In response
to suggestions made by the planning board (or other advisory
boards), the applicant may revise the master plan or conditional use
permit application before it is submitted to the board of aldermen.
(3) If the applicant submits a proposed master plan (rather than a
conditional use permit application) with the VMU rezoning
application, then:
a. The rezoning application and master plan proposal shall be
reviewed concurrently by the board of aldermen according to
the same procedures and in accordance with the same
standards applicable to other zoning amendments; and
b. The Board may not approve the VMU rezoning application
unless it simultaneously approves the master plan for the
development of the property, subject to such reasonable
Jan -12 -99 12:39P Too of Carrbovo 9168 7737 P.13
modifications and conditions as the Board may impose in the
exercise of its legislative discretion.
(4) If the applicant submits a conditional use P?W . lication (rather
than a proposed master plan) with the Vl .n�to g application,
then::
a. The rezoning applicatitutd conditional use permit
application shall be reviewed concurrently by the board of
aldermen according to the same procedures and in
accordance with the same standards applicable to other
conditional use permit applications; and
b. The Board may not approve the VMU rezoning application
unless it simultaneously approves the conditional use permit
application for the development of the property, which
conditional use permit may be approved subject to remnable
conditions and roquirements as set forth in Section 15 -59.
(5) If a VMU rezoning application is approved with a master plan (rather
than a conditional use permit), approval of the master plan under this
section does not obviate the need to obtain a conditional use permit
for the village mixed use development in accordance with the
provisions of Section 15 -176.1 of this chapter.
U. In addition to other grounds for denial of a conditional use
permit application under this chapter, a conditional use
permit for a village mixed use development may be denied
on the basis that the application is inconsistent with the
approved master plan. However, if the conditional use
permit is approved, the board of aldermen shall be deemed to
have amended the master plan to bring it into conformity
with the conditional use permit.
b. No conditional use permit for a village neighborhood mixed
use development may be denied for reasons set forth in
Subsection 15- 54(c)(4) if the basis for such denial involves
an element or effect of the development that has previously
been specifically addressed and approved in the master plan
approval process, unless (i) it can be demonstmted that the
information presented to the board of aldermen at the master
Plan approval stage was materially false or misleading, (ii)
conditions have changed substantially in a manner that could
not reasonably have been anticipated, or (iii) a basis for
denial for reasons set forth in Subsection 15- 54(e)(4) is
demonstrated by clear and convincing evidence.
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(d) Subject to Subsection 15- 141.20(5), a master plan approved under
this section may only be amended in accordance with the provisions
applicable to a rezoning of the property in question.
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Attachment E
Proposed Revisions to O/A CU DistrictUanuary 7,1999
SECTION 8. Section 15 -136 is amended by adding a new subsection (11) to read as
follows:
(11) O/A CQ Offiee/AssemtlyConditional Use. This district is identical to the
O/A district and shall be subject to all regulations applicable to the O/A
district (including but not limited to the performance standards set forth in
Part 1 of Article Xi) except as follows:
a. This district shall be a conditional use district authorized
N.C.G.S. 16OA -382. As such, property may be placed wit m s
district only in response to a petition by the owners of 01`t�e,ptoperty
to be included.
b. There shall be no minimum size for this diet and no single,
contiguous tract in excess of five (5) acres may be rezoned to a O/A
CU district. No more than twenty -five (25) acres may be rezoned
to the O/A CU district and no more than five (5) districts may be
approved.
C. As indicated in the Table of Permissible Uses, the only permissible
use within an O/A CU district is an officc/assembly planned
development, and an offmcelassembly planned development is
permissible only in an O/A CU district.
1. The applicant for an office/assembly planned development
conditional use permit shall specify which of the use
classifications generally permissible with an O/A district the
applicant wants to make permissible within the proposed O/A
CU district.
2. Once a conditional use permit authorising an officetassembly
planned development has been issued, then individual tenants
or occupants of the spaces or properties covered by the
Permit may occupy or use such individual spaces or
Properties without need for additional zoning, special use, or
conditional use permits, so long as such use or occupancy is
consistent with the approved conditional use permit including
limitations on permissible use classifications approved
pursuant to subsection 1 above or other conditions or
limitations imposed as conditions pursuant to Section 15 -59.
Jan -12 -99 12:41P Too of Carrboro 9168 7737 P. 16
Uses within the O/A CU district shall be limited to those
where loading and unloading occurs during daylight hours
only.
d. When an O/A CU rezoning petition is submitted (in accordance with
Article XX of this chapter), the applicant shall simultaneously submit
a conditional use permit application for an office/assembly planned
development.
1. The rezoning and conditional use permit applications shall be
processed and reviewed concurrently.
2. The board of aldermen shall simultaneously conduct a public
hearing on the rezoning and conditional use permit
applications, in accordance with the procedures applicable to
other conditional use permit applications.
3. If the Board concludes in the exercise of its legislative
discretion that the proposed rezoning would not be consistent
with the public health, safety, or welfare, it may deny the
application in accordance with the same procedures
applicable to any ordinance amendment request.
4. The Board may not approve the rezoning application unless it
simultaneously approves a conditional use permit for an
office/assembly planned development, which permit may be
issued subject to reasonable conditions and requirements a set
forth in Section 15 -59.
C. Buildings within the O/A CU district shall comply with the following
standards:
1. Exterior walls shall be constructed of materials commonly
used on the exterior walls of single - family residences (such
as brick, stone, wood or fabricated residential lap siding
made of hardboard or vinyl).
2. The pitch of the roof shall have a minimum vertical rise of
one foot for every two feet of horizontal run.
3. Windows shall be of a type commonly used in single- family
residences.
.Ian -12 -99 12:41P TV of Cavrboro 9168 7737 P.17
Attachment f
Proposed Revisions to Northern Transition Area Advisory
Committee/January 7,1999
SEctiou 24. Article 111 is amended by adding a new Section 15 -27 to read as follows:
Section 15 -2? 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 Aldermen. If the Board of Commissioners
fails to make these appointments within ninety days after receiving a resolution
from the Board of Aldermen requesting that they be made, the Board of Aldermen
may make them.
saw m9i" A9 --N- appsimed by 4he bee" dition 9) All
members shall be residents of the Northern Transition Area. �ses of this
section, the Northern Transition Area shall include those-an eked portions of the
Northern Study Area. The Northern Study Area is 'follows:
The boundaries of this area are Carrboro's joint planning jurisdiction line
to the north and Carrboro's Town limits to the south. The
Carrboro/Chapel Hill . joint planning jurisdiction line serves as the
boundary to the east. It begins north of Eubanks Road, follows Rogers
Road to Homestead, then proceeds southwest on Homestead road to High
School Road and finally turns south and east to the railroad right -of -way.
A primary ridge line serves as the northwest boundary lire just east of
Union Grove Church Road down to Dairyland Road, where the road
serves as the boundary heading southeast until it intersects, and Old NC
86 serves as the boundary then turning southeast and running along
Hillsborough Road to Greensboro Street.
(b) Members of the committee shall be appointed for three year staggered
terms, but members may continue to serve until their successors have been appointed.
Initially the terms of all membership seats on the committee shall expire on January 31,
2040. Thereafter, one county appointee and out town appointee shall be appointed
for three -year terms, one county appointee and one town appointee shall be
appointed for two-year terms, and one county appointee shall be appointed for a
term of one year. UaysaPAiF9 we —I--- shall be ame-RIVA fa dwe you tens% WIG
wmy+ew. All members shalt thereafter be appointed for terms of three years.
(c) The same provisions that govern the removal of planning board members
(Subsection 15- 21(e)) shall apply to committee members.
(d) The committee shall establish a regular meeting schcdule. Minutes shall be
kept of all meetings.
Jan-12-99 12:42P ToID of Carrboro 9168 7737 P-18
(e) A quorum for the committee shall consist of three members. A quorum is
necessary for the committee to take official action.
(f) All actions of the committee shall be taken by majority vote, a quorum being
present.
(g) The committee shall designate one of its members to serve as chair and one
member to serve as vice- chair. These officers shall be selected annually at the committee's
first regular meeting in February and shall serve for terns of one year unless their teens of
appointment to the committee sooner expire. Vacancies shall be filled for the unexpired
terms only. The chair and vice -chair may take part in all deliberations and vote on all issues.
(h) The committee shall have the following powers and duties:
(1) Review zoning amendment requests and special and conditional use
permit applications for developments within the Northern Transition
Area and make recommendations on the same to the board of
adjustment or board of aldermen, respectively.
(2) Initiate studies related to the special character of the Northern Study
Area.
a) Inventory of areas of cultural, archaeological, or historical
significance.
b) Inventory of open space character and scenic qualities.
C) Inventory of agricultural uses
1. Land in Use Value
a. Horticultural
b. Agricultural
C. Timber
2. Farming as business
a. Large field crops
b. Metro farms, specialty crops
d. Inventory of biological value
Tree species diversity, exceptional tracts of forest
land
2. Rare occurrences (i.e. Upland Depression Swamp)
A,
Jan -12 -99 12:42P TOO of Carrboro
9168 7737 P.19
Wildlife
a. Audubon annual bird count
h. Deer population
(3) Use the studies above as the basis of its development of, and
recommendations for, additional policies, objectives, goals, plans,
ordinances, and administrative actions that will preserve and enhance
that special character, and relate to its growth.
(A) Develop and recommend to the Board of Aldermen polities,
ordinances, administrative procedures and other means for carrying
out plans in an efficient and coordinated mange v
(5) Track and review other studies MoTlans `ihaf wffl11iAve an impact on
the Northern Study Area — iriing those of'the Chapel Hill Town
Council; The Orange County boird of County Commissioners and
their appointed committees — and give feedback to the originating
governing body.
(6) Meet annually with the Carrboro Planning Board for a joint planning
session.
(7) Submit regular reports to the Orange County Board of
Commissioners.(Condition 8)
(8) Perform other duties as assigned by the Board of Aldermen.