HomeMy WebLinkAboutAgenda - 12-15-1998 - 9cORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 15, 1998
Action Agenda
Item # q -0„
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
- DRAFT 11 -11 -98 Planning Board Minutes Ext. 2592
- Chronology of Events Related to Development of Carrboro Small Area Plan
- Excerpts from 4 -8 -98 JPA Public Hearing Agenda (separate enclosure - yellow cover)
- 4 -8 -98 Public Hearing Minutes
- 5 -26 -98 Carrboro Board of Aldermen Abstract TELEPHONE NUMBERS:
- Carrboro and Chapel Hill Resolutions of Adoption Hillsborough 732 -8181
- Draft NSA Ordinance and Attachments (separate Durham -688-7331
enclosure - green cover) Mebane 227 -2031
Chapel Hill -967-9251
PURPOSE: To consider 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: In February 1992, the Board of Aldermen for the Town of Carrboro determined that a
comprehensive planning effort was needed for those areas of the Town's jurisdiction
which are expected to receive the bulk of any urban growth and development occurring in
the coming years. By late 1993, the small area planning process was underway and in
February 1996, a public hearing on the Small Area Plan for Carrboro's Northern Study
Area - Proposed Draft for Presentation was held. Due to the issues raised during the
hearing, the Board of Aldermen proposed that a facilitated planning conference be held,
at which a consensus plan would be developed.
April 8, 1998 Public Hearing
Proposed amendments to the Joint Planning Area (JPA) Land Use Plan and Map and
the Joint Planning Agreement to incorporate the Facilitated Small Area Plan for
Carrboro's Northern Study Area were presented at the April 8, 1998 JPA Public Hearing
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(please see the separate enclosure, "Excerpts from 4 -8 -98 JPA Public Hearing Agenda" as
well as the attached minutes from the hearing). Many citizen comments and concerns
were raised at the hearing; the attached May 26, 1998 abstract from the Carrboro Board
of Aldermen attempts to address citizen comments and concerns.
Carrboro Board of Aldermen, May 26 1998
The 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 were approved by the Carrboro Board of Aldermen on May 26,
1998. Resolutions of adoption are included as attachments.
Chanel Hill Town Council, June 8 1998 and July 6 1998
The 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 were approved by the Chapel Hill Town Council on June 8, 1998.
Relative to the amended Joint Planning Agreement, Chapel Hill's resolution of
adoption differed slightly from Carrboro's in that language allowing Carrboro to approve
"floating" conditional use districts without Orange County's concurrence was deleted.
Chapel Hill adopted an amended resolution on July 6, 1998, consistent with Carrboro's
resolution allowing Carrboro to approve floating conditional use districts without Orange
County's concurrence. Resolutions of adoption are included as attachments.
Orange County Planning Board July 15 1998
The Orange County Planning Board considered the proposed amendments to the Joint
Planning Area Land Use Plan and Map and the Joint Planning Agreement on July
15, 1998. There was extensive discussion on the proposed amendments and concerns
raised repeatedly by the Board were: 1) the lack of implementing ordinance language;
and 2) exclusion of the Orange County Commissioners from decisions on "floating"
conditional use zoning districts. Following several hours of discussion, a motion was
made "that the Planning Board not accept the Resolutions passed by the Chapel Hill
Town Council and the Carrboro Board of Aldermen." The Board voted unanimously on
the motion. Planning Staff did not interpret this as denial of the proposed amendments
given the wording of the motion and comments before and after the vote regarding the
desire to review implementing ordinance language and ensure that the County
Commissioners were part of the decision - making process on floating, conditional
use zoning decisions.
Orange County Planning Board November 11 1998
The Planning Board held a special meeting on November 11, 1998 to consider a
recommendation to the BOCC on the proposed amendments to the Joint Planning Area
Land Use Plan and Map and the Joint Planning Agreement. As requested in July,
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draft ordinance language was provided by Carrboro staff and much of the discussion was
related to this. Ten Planning Board members were in attendance although one had to
leave before the vote. In the audience were Roy Williford and Trish McGuire of the
Carrboro Planning Staff; Alderman Alex Zaffron; former Alderman Jay Bryan;
Ordinance Drafting Committee members Jean Earnhardt and Giles Blunden; and
Calvander residents Jef, David Rutter, and Christie Boros.
Following a three hour discussion, the Planning Board voted six (6) to three (3) in favor
of the following:
....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 Planing 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 by both Orange County and
Carrboro following a joint public hearing by the two governing bodies.
RECOMMENDATION: Following review of the July 15 and November 11 deliberations of the
Planning Board, there are two options the Administration wishes the Board of
Commissioners to consider:
1) Adoption of the Planning Board recommendations: Acceptance of the
recommendations indicates continued commitment to Joint Planning and the
process for amending the agreement and plan. Furthermore, acceptance
indicates direct Commissioner involvement in land use decisions affecting
Transition Area residents who are subject to Carrboro land use regulations, but
vote only for Orange County Commissioners. An implication to consider,
however, is the complexity of the "floating" conditional use zoning process which
is quasi-judicial and analogous to Orange County's Planned Development/Special
Use Permit process.
2) Do not accent the Planning Board recommendations: Denial of
recommendations could be interpreted as satisfaction with the existing
agreement and plan recommendations for the Carrboro Transition Area.
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However, denial might also be considered a possible indicator of problems/
concerns with the process for amending the agreement and plan (at least in this
situation). Granting Carrboro approval authority (with the County exercising only
courtesy review) for "floating" conditional use zoning decisions could be viewed
as the further evolution of the Joint Planning process. Conversely, direct
Commissioner involvement in land use decisions affecting Transition Area
residents has been a hallmark of the Joint Planning process and many residents
have expressed the wish that this continue until they are annexed and can vote for
municipal governing boards.
The Administration recommends as the Board decides.
DRAFT
PLANNING BOARD MINUTES
LONG RANGE MEETING
NOVEMBER 11, 1998
MEMBERS PRESENT: Karen Barrows (Chair), Leo Allison, Nell Andrews, S.A.M. Brooks, Barry Katz,
Howard McAdams, Jim Selkirk, Bob Strayhorn, Elizabeth Walters, Runyon
Woods.
MEMBERS ABSENT: Libby Searles - excused.
STAFF PRESENT: Gene Bell, Roy Williford (Carrboro Planning Director), Trish McGuire
(Carrboro Planner), Joanna Bradshaw.
AGENDA ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA
None.
AGENDA ITEM #4: CHAIR COMMENTS
Chair noted that several citizens had signed up to speak to the issues being
considered and asked that they wait to be recognized by the Chair before
speaking for identification in the minutes.
AGENDA ITEM #5: ADDITIONAL CONSIDERATION OF MATTERS HEARD AT APRIL 8,
1998 JPA PUBLIC HEARING AND CONSIDERED BY PLANNING
BOARD ON JULY 15, 1998
(Agenda from Public Hearing and excerpts from July 15, 1998 Planning Board
agenda included with agenda materials as separate enclosures.)
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 District
Gene Bell presented background information.
Information from abstract as follows:
Proposed amendments to the Joint Planning Area (JPA) Land Use Plan and Map
and the Joint Planning Agreement to incorporate the Facilitated Small Area Plan
for Carrboro's Northern Study Area were presented at the April 8, 1998 JPA
Public Hearing and subsequently considered by the Planning board on July 15,
1998. Two primary concerns identified by the Planning Board in their
deliberations were: 1) the lack of implementing ordinance language; and 2)
exclusion of the Orange County Commissioners from decisions on "floating"
conditional use zoning districts.
Prior to making a recommendation, the Planning Board expressed the desire to
review the ordinance language under development for plan implementation.
The Town of Carrboro has supplied the draft ordinance language as part of the
agenda materials and Carrboro Planning Staff will make a presentation and
answer questions. Also included in the materials are examples of how the
ordinance standards would be implemented on constrained and unconstrained
properties in the Carrboro Transition Area.
The Planning Staff recommends:
1) Approval of the proposed amendments to the Joint Planning Area (JPA)
Land Use Plan and Map to incorporate the Facilitated Small Area Plan for
Carrboro's Northern Study Area; and
2) Approval of 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.
Bell stated that there had been some confusion regarding the action taken by the
Planning Board on July 15, 1998. He continued that his understanding, as well
as that stated in the minutes was that the Planning Board did not adopt the
Resolution as proposed by Chapel Hill and Carrboro. The primary reasons for
that action were: 1) lack of implementing ordinance language to review in
conjunction with the plan; and 2) the concern that citizens in the Carrboro
Transition Area would not have a vote for the board making the decision. Bell
continued that nothing has gone forward from the Planning Department to the
Board of Commissioners for a decision. Bell expressed appreciation for the
Planning Board's willingness to schedule a special meeting to deal with this
issue.
Bell asked if Planning Board members had a different interpretation of the
action taken on July 15. Barrows responded the Planning Board voted
unanimously to reject the plan and there were reasons stated such as those
mentioned by Bell.
Brooks stated that one of her concerns from the meeting in question was that the
proponents of the Carrboro plan were quite forceful in saying that it was going
to be open season on developing because the moratorium could not be extended,
but, in actuality, the moratorium has been extended. She continued that this fact
was reiterated many times and she resented the pressure implied by the Carrboro
planner.
Katz stated that it was his first Planning Board meeting and he was impressed
that the Planning Board was uncomfortable giving the authority to Carrboro
without the ordinances. The feeling was that the Board was being asked to
"rubber stamp" something that needed more consideration.
Barrows asked if that was the information Bell was requesting. Bell responded
that it was and he wanted to be sure where the discussion should begin tonight.
He continued that the goal tonight is to get a recommendation from the Planning
Board on the Small Area Plan and the amendments to the Joint Planning
Agreement to be presented to the Board of Commissioners on December 15.
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Katz noted that another concern was the effect this plan would have on the
preservation of farmlands and timberlands in that area. Bell responded that Mr.
Williford will be able to address that concern later in the agenda.
Bell distributed a one page summary of the Chapel Hill/Carrboro/Orange
County Joint Planning Process and a chronology of events related to
development of the Facilitated Small Area Plan for the Carrboro Northern
Study Area. The summary addressed Transition Areas and the Rural Buffer and
a map of the Joint Planning Area which indicated the jurisdictions of the
County, Chapel Hill and Carrboro. Bell explained and reviewed the information
(copies an attachment to these minutes on pages ).
Bell continued that any changes to the Joint Planning Agreement require a
public hearing and a positive vote by all three governing boards, Chapel Hill,
Carrboro and Orange County. Also, any amendments to the Joint Planning
Area Land Use Plan require a positive vote by all three boards. In regard to the
Small Area Plan, Chapel Hill and Carrboro have already adopted it, and it
remains for Orange County to adopt it to make if effective. In regard to zoning
plans in the Chapel Hill or Carrboro Transition Areas, zoning must be in
conformance with the adopted plan and when there is a proposed change it must
go to public hearing. If it is on Carrboro's side, the public hearing is with
Orange County and Carrboro. On the Chapel Hill side, it is with Orange County
and Chapel Hill. Both governing boards must agree with the change for it to be
effective.
Bell continued reviewing the chronology emphasizing the dates of each process.
Brooks asked why the administration of the Transition Areas was transferred
to the towns in November 1988 for decision making. Bell responded that joint
planning was set in motion in the late `70s. At that time, the Town of Chapel
Hill had requested an extension of their Extra Territorial Jurisdiction (ETJ) -
many refer to this as the one mile limit, three miles out from the town which
would have placed it to Mt. Sinai Road north of Chapel Hill. The County was
reluctant to grant that request. Discussions ensued with the County and the
Town for several years on how to address this issue. There were also several
committees working on a solution. Late in 1984 an agreement was signed by
the County and the Town of Chapel Hill. One of the items in the agreement
was that the County and the Town of Chapel Hill would jointly develop a Land
Use Plan for the areas outside of the town. Following adoption of the plan,
town zoning would be applied in those areas defined for urban growth, i.e., the
Transition Areas. Plan preparation took place between late 1984 and 1986; the
Plan was adopted by Chapel Hill and Orange County in 1986. Carrboro came
into the process officially in 1987. Administration of the Transition Areas was
transferred to the towns in 1988 following adoption of Chapel Hill and Carrboro
zoning consistent with the plan.
Bell stated that the two items before the Planning Board are the Small Area Plan
and an amendment to the Joint Planning Agreement necessary to set the Small
Area Plan into motion.
Roy Williford, Carrboro Planning Director, addressed the Board stating that, as
requested by the Orange County Planning Board, a draft ordinance was being
presented for consideration. The draft ordinance was composed by a citizens'
group, Ordinance Drafting Committee: Jay Bryan, Jean Earnhardt, Giles
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Blunden, and Alex Zaffron all of whom are present to answer questions and
concerns.
Williford referred to a memorandum in the agenda packet from the Town of
Carrboro Planning Staff noting that the draft ordinance includes 26 additions
and revisions to the town's Land Use Ordinance. These sections address eight
major issues identified in the plan: density, conservation areas, conditional use
districts, environmental protection, mitigation of non - residential development
impacts, subdivision design in accordance with natural/significant features,
design guidelines, and advisory board representation by Transition Area
residents.
The sections were developed from thirteen work items that were identified in
October of 1997 by the Ordinance Drafting Committee and Planning staff and
four additional items developed during the course of the committee's work. The
work items, origin of policy in the plan, and ordinance reference, if applicable
are noted in the table included in the agenda materials.
These amendments, if adopted, will incorporate the Facilitated Small Area Plan
for Carrboro's Northern Study Area into the Joint Plan and establish procedures
to implement two floating, conditional use zones proposed in the Facilitated
Small Area Plan.
Williford continued that the ordinance is a 32 -page document and will be
presented by Trish McGuire. He noted that illustrations and maps are provided
to assist in explaining some of the provisions.
McGuire presented a brief description and explanation of each section of the
draft ordinance. A copy of the Draft Proposed NSA Ordinance is an
attachment to these minutes on pages . She suggested that
the Planning Board identify concerns and ask questions after the complete
presentation.
Allison asked about affordable housing and the quote of 2 1/2 times 80% of the
current income in this area and what that would be today. McGuire responded
that it would be between $104,000 and $109,000. Allison continued asking
about the architectural standards in Section 27 and how they applied to
affordable housing. McGuire responded that they apply to 100% of the housing.
Barrows asked if there would only be two floating conditional use zones.
McGuire responded that there were only two zoning districts that could be
rezoned to conditional use zones. Barrows continued, asking if there could be
more than two conditional use zones. McGuire responded that more than two
applicants could request that their site be rezoned to such a district and the
actual classification could be one conditional use office /assembly conditional
use district and one building mixed use district.
In regard to affordable housing, Katz asked if there are tests to prove that people
will actually live in those mixed use dwelling districts if they can afford more.
McGuire responded that there was considerable discussion about the issue and
that it was determined that there is a market for such housing. The Board of
Aldermen had discussed additional measures to ensure this. Katz continued
that just because it is offered does not mean that the people who could benefit
would be able to take advantage of it. McGuire agreed noting that the issue
is under discussion by the Town Board.
Barrows asked about the 40% open space except in an R -2 district. McGuire
responded that an R -2 is a 2,000 sq. ft. lot per building unit. There is only one
and it is in downtown Carrboro.
Woods noted that McGuire had said that the intent is to have office /assembly
use in close proximity to residential areas, but he could not find anything in the
ordinance that would promote that. McGuire responded that the definition of
office /assembly district is one that can offer employment opportunities without
the need for additional vehicular traffic. Other options are included. Woods
continued that what she said was not in the ordinance. McGuire agreed, noting
that was the basis for the zoning.
Woods referred to Section 2 regarding density and asked about the 50% credit
for floodplains. McGuire responded it was not a credit but a reduction. Woods
expressed concern that it seemed the floodplain was being counted the same as
buildable. McGuire responded that the factors included were recommended by
Randall Arendt. These factors are based on feasibility rating. Some value was
given to floodplains because of the desire to not take away entirely the ability
to count it for this purpose.
Woods asked if there are examples of 40 -foot wide lots with 50% impervious
surface. McGuire responded that they had not done any designs.
Brooks indicated the need for more clarification on the floodplain issue. For
example, if, on a hundred acre tract there were twenty-five acres of floodplain,
then is half of the twenty-five acres counted as buildable, which would be a total
of eighty-seven acres to determine density. McGuire responded yes.
Further discussion indicated that the floodplain would not be shown as buildable
but the total number of dwellings that could be placed on a hundred acre tract
would be placed on fifty acres not in the floodplain. McGuire noted that the
buffer for the Transition Areas would be an additional buffer beyond the
floodplain.
Strayhorn stated that he felt it was a plus to be able to use some of that density.
If everything is protected, it would be very hard to find a site for a house.
Katz noted that his point was that it limits the sites for villages. He was
concerned that some primary conservation areas would be sacrificed for a
village. McGuire responded that the primary conservation areas cannot be
sacrificed. The village concept has open space that can be in other protective
categories. Some of the primary conservation areas are being moved to 40%
open space. Katz continued, asking how the bonus for affordable housing
affects open space. McGuire responded that a 10% reduction is allowed for
affordable housing. Any reduction comes out of the required 40% open space,
not primary conservation areas.
Katz expressed concern that agricultural land would be most suitable for
development. Strayhom responded that most people would prefer to preserve
that visual buffer. Katz continued that the need would be for lands that had no
more 40% constraints. Brooks noted that with large tracts it would not matter.
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Selkirk asked who would have the final say on where the villages would be
placed. McGuire responded that, as proposed, it would be the Board of
Aldermen. It is a combination of legislative and quasi-judicial.
Strayhorn asked if there had been any discussion regarding creating areas for
high density for purchase of development rights or receiving areas. McGuire
responded that there was some discussion, but not in particular as a receiving
area. Strayhorn continued, asking if there had been any discussion of protection
of rights for those farming in the area and who wish to continue to farm. He
noted that many times when this occurs adjacent to farms, the farmers rights
seem to diminish. McGuire responded that it was discussed. However, there
was not discussion of potential uses next to agriculture.
Strayhorn noted that the tendency is to protect the land as long as it remains in
agriculture; but, as soon as something happens and it can no longer be used as
agriculture we try to "capture" it and he was concerned that there was a lot of
this in the draft ordinance. McGuire responded that the intent is to create a
situation where density can be placed in suitable areas and taken away from
other areas. Strayhom responded that is called transfer of development right
and he felt the way to handle it would be to create a receiving area for Transfer
of Development Rights (TDR).
Barrows asked if the proposed Northern Transition Area Advisory Committee
would include some of those residents who felt that they were being impacted
but yet, not able to vote for Carrboro officials. McGuire responded yes.
Barrows continued, expressing concern that since the Board of Aldermen would
be appointing members to the committee and receiving recommendations that
those residents would really be heard. McGuire responded that the power of
that committee would be very similar to that of the Planning Board and she felt
that the Board of Aldermen would give the same consideration to them as is
given to the Planning Board. The committee is being identified as one that will
participate in the review of ordinance changes, rezonings, permits, etc.
Brooks asked if it would be better that members of the proposed committee be
appointed by the Board of Commissioners since the committee would report to
the Board of Aldermen. McGuire responded that was a good question and noted
that the Town of Carrboro had asked the same question.
Allison asked about the process for appointment to the Northern Transition Area
Advisory Committee. McGuire responded that the current procedure is to
advertise when there are vacancies and submit an application to the Town Clerk.
The chair of a committee where there is a vacancy may ask the applicant to
attend a meeting and then recommendations can be made to the Board of
Aldermen. McGuire clarified that the committee will consist of residents in the
unannexed portion of the Study Area.
Woods stated that he felt the proposed ordinance is an excellent one, very
detailed and specific for such a small area. With all of this work and detail, he
questioned why they had not taken the ordinance, applied it to the property in
question to determine just what they could get out of it. Also, he asked why
they did not want the County Commissioners to vote on the rezonings.
McGuire responded that some density calculations and some buildout scenarios
have been done. Woods asked if those were available. McGuire responded that
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a map had been done. Williford used the map, as well as the constraints map,
to indicate those areas that would be suitable, having enough acreage to support
the village concept.
In response to the question by Woods of why they did not want the County
Commissioners to vote on the rezonings, McGuire noted the intensive process.
With two sets of staff, boards and officials, the process could become so
difficult that it would not come to pass. That was the reason that the Town's
attorney made that recommendation.
In response to a question from Katz for more clarification, McGuire stated that
with so many involved, timing and scheduling would be very complicated. Katz
continued, asking the present use of the sites that Williford had indicated on the
map. Williford responded that the site nearest to Eubanks Road was forest and
recently logged so he felt it had been agricultural. The site south of Homestead
Road is currently in pasture. Some of the other areas are a combination of forest
and pasture. Considering the County as a whole, there is very little farmland
in the area.
Katz verified with Williford the number of 5200 units. He continued that it
would take care of all the potential growth for Carrboro and the goal achieved
without any other housing going on in Carrboro. Maybe that is not necessary
or, what are you going to do with the excess potential. Looking ahead ten years,
what will it look like. He felt that the intent is to extend Carrboro and create a
more urban area. Williford responded that it is an Urban Transition Area and
the plan is trying to combine the rural and urban areas to create a different type
area which Randall Arendt called a "blending policy ".
Katz expressed concern that the consequences have not been considered. He
noted that there is nothing in the plan about traffic and the roads cannot handle
the traffic that will be generated by such development. Another concern noted
by Katz was that there is a site being considered for a construction waste dump
on the boundary of the Transition Area in the Rural Buffer. There should be
some other way to deal with construction waste rather than putting it in the
Rural Buffer. Bell responded that a dump site larger than two acres is a Class A
Special Use which requires a public hearing, review by Planning Board and
decision by Board of Commissioners. Katz continued that the traffic
congestion would turn the area into a "Little Cary".
Strayhorn stated that he was in support of the Rural Buffer; however, it is a very
frustrating process to do anything even if it is for the community. He continued
that the traffic on NC 86 will increase whether there is development or not. It
is used by Northern Orange and goes to Danville.
Giles Blunden, a member of the Facilitated Small Area Plan Committee and
Chair of Carrboro Environmental Advisory Board, stated that Carrboro will not
be developing this area, it will develop itself. The process was to try and do it
in the best way possible that everyone could be proud of. It will certainly affect
the traffic, but as was already stated, the traffic will happen anyway. As each
subdivision attaches to another, the traffic will happen. The plan was to try and
develop the area in the best way possible to preserve what is there.
Alex Zaffron, a member of the committee that drafted the ordinance and a
member of the Board of Aldermen stated that Cary had been mentioned
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and that was what the committee was trying to avoid. He noted that under the
current regulations and zoning the entire Transition Area could, and may very
quickly, without the additional protections that have been put in place, could
end up looking like some of the subdivisions that are not very aesthetically
pleasing, such as Wexford and Sunset Creek, stretching to Calvander. Extensive
research has been done to concentrate the density and population into areas that
would be away from the constraints and environmentally sensitive areas.
Katz asked if there is anything to stop development such as those mentioned by
Zaffron as not pleasing. Zaffron responded that except in the case of the
villages, density would be restricted so that it would be very difficult to have
those subdivisions. There is currently no regulation in place to prevent that.
Katz continued that if three or four sites could be identified in the Transition
Area where villages could be placed, the remaining areas will be developed in
other fashions. Zaffron responded that the other subdivisions would have to
conform to all the regulations regarding buffers, steep slopes, floodplains,
primary and secondary conservation areas and their density would be
recalculated. McGuire stated that the density is calculated on the reduced
acreage. She continued that the site planning procedure for subdivision is
such that there cannot be any more subdivisions like the one that Zaffron
referred to (Wexford). The primary and secondary conservation areas all have
to be considered.
Zaffron continued, addressing an earlier concern about the process of extending
the moratorium. He noted that the Town Attorney was concerned with
extending the moratorium and the Board of Aldermen had the same concerns.
However, they felt it was necessary in order to complete the work and get it to
the County Planning Board and the Board of Commissioners. He continued that
he felt the landowners have been very patient awaiting the outcome of this
process and he complimented them on that patience. He noted that it might be
helpful to remember that any rezonings other than office /assembly or
conditional mixed use, would be subject to the current regulations, having to be
reviewed and approved by Orange County.
Responding to a question by Brooks, Zaffron stated that he would have
no problem with the Commissioners appointing members to the Northern
Transition Area Advisory Committee.
Responding to a question about identifying specific tracts for villages, Zaffron
stated that was a deliberate decision. When the original small area plan was
proposed, the phrase "for example" was used and tracts mentioned. The owners
of those tracts felt that they were being targeted by the Town for development
and were extremely upset. That was a mistake that the original small area
planning work group made and showed a lack of sensitivity to the needs and
wishes of individual landowners. This plan makes it absolutely clear that this
process could only be initiated at the request of the landowner.
Woods and Barrows asked for clarification of Zaffron's last comment. Zaffron
responded that the process is designed in such a way to be initiated by
individual property owners, not the Town, County or any other entity. Only
after a property owner comes to a decision that he /she is going to make the
arrangement that they would like to try to take advantage of one of these zoning
categories, they may do so. It is presumptuous of us or anyone else to tell them
what we would like to see put on their property. That is not a political
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consideration, that is an ethical consideration. This was to make sure that
everyone knew that nobody is trying to "shove anything down anybody's
throat ". The object is to offer a progressive option to people that is not currently
available.
Christie Boros stated that she is a resident of Orange County who lives
approximately one -half mile north of the northern transition boundary. When
she first heard of the small area plan she was concerned about traffic,
concentration of lights that could be seen far away, the possibility of city water
and sewer being forced on people out in the County, and higher property taxes.
She continued that she is very concerned about concentrating 500 to 1000
people in an area that may be beside existing farmland that would have things
that would be offensive to those in the development. In an office /assembly
area, it is unrealistic to assume that the only people who work there will live in
the rural village. It is also unrealistic to assume that everyone who lives in the
rural village will want to live in one of the O/A zones. Traffic will increase into
and out of those areas. There will be additional pressure on the rural buffer for
other people who might want to work in those zones. Ms. Boros continued that
Carrboro has shown its willingness to break rules specifically by purchasing and
proposing to place a construction dump in an already restricted area. She did
not feel that the regulations would last, even for the short term, because they
have already shown their willingness to go past what has already been defined.
She strongly requested that the Planning Board make a recommendation to the
Board of Commissioners against this plan; and, furthermore, ask them to be
more aggressive in defining their own plan for Orange County. The plan should
not be for the towns, but, for the County.
Dave Rutter, resident of Calvander, spoke in opposition to the plan. He
expressed concern that there could be unlimited number of village developments
and that Carrboro is asking the County, elected officials, to rubber stamp the
plan and step out of the process. Mr. Rutter continued that he agreed with the
previous speaker that the people of Orange County would be better served if the
Commissioners take a more aggressive position on this area because Carrboro is
trying to dictate the terms. Everyone knows that there is development pressure,
that's why we have a Joint Planning Agreement. He felt it was a great day when
joint planning was put in place and he would hate to see Carrboro continue to
come to the County with such an aggressive takeover position.
Mr. Rutter noted the many years of work that had gone into the Joint Planning
Agreement. He stated that he had not heard of Chapel Hill coming to the
Commissioners and asking that they come out of the process in their
transitional areas. He continued that he felt the floating zone and the village
mixed use concepts favor massive, huge money developers and that should be
taken into consideration when thinking about the ordinary citizens of Orange
County as well as the other ramifications of large development. He reiterated
that in July there was a unanimous decision to deny this request and he felt the
needs of Carrboro could be addressed within the Joint Planning Process. Also,
the Transitional Committee should not be appointed by Carrboro.
Katz, noting that the moratorium would soon be over and the Planning Board
may not be able to reach a decision to night, asked what Mr. Rutter felt would
happen in the Transition Area. Mr. Rutter responded he felt it was a huge
mistake to take deliberate input away from the citizens and that it would be a net
10 14
loss for the community; it is up to the Commissioners to represent all of the
communities in the County.
Jean Earnhardt, resident, landowner on Union Grove Church Road, and a
member of the ordinance drafting committee, spoke in favor of the proposed
small area plan and ordinances from a prepared statement. A copy of that
statement, in its entirety, is an attachment to these minutes on pages
Jef, resident of the Northern Transition Area, spoke in agreement with those
who wished to continue to be represented by the Orange County
Commissioners. He continued expressing the same concerns that were
expressed at the April public hearing noting that these requests would promote
leapfrog development. He also stated that he had attended the Carrboro
Planning Board meeting of the discussion from public hearing as well as
meetings of the Carrboro Board of Aldermen discussion of the plan. He
indicated that the concerns and issues presented by citizens at the public hearing
were not discussed at either of those meetings. Thus, he did not feel that they
would listen and pay any attention to the committee that they said would be
appointed. He continued that he had written letters to the Planning staff of
Carrboro and to Alex Zaffron and had received no response. He felt he would
not be represented on the proposed committee.
Jef continued that there is another issue in the plan that has been proposed.
They did reach consensus at the facilitated meeting to re- densify the existing
shopping areas in Carrboro but those are not dealt with in the ordinance, only
the area where he lives. They seem to choose the issues that they want to deal
with and not others. While he agreed that the ordinances are great, he did not
see why the floating zones and village mixed uses could not be sited. He noted
fear of floating zones because they could not be planned for. He encouraged the
Planning Board to not accept the amendments to the Joint Land Use Planning
Agreement, not because the ordinances are bad, but because the process that
they are asking for agreement with is bad government.
Jay Bryan stated that he served on the ordinance drafting committee and as a
former member of the Board of Aldermen and is now a resident of Orange
County. He noted that everyone was invited to the discussions and there was a
consensus on a number of issues, and one of them was approving floating
conditional use zones. He was not sure whether a certain number had been
discussed and approved; however, the concept of floating zones was discussed
and approved by those residents of the Northern Transition Area present at the
meetings. The ordinance drafting committee was then made up of two people
from the original small area plan, three people from the Transition Area and two
people from the Town of Carrboro who worked very hard to determine the best
way to develop the area and preserve the important aspects of it such as
farmland and buildings.
In regard to representation, Bryan noted he had the same concerns expressed by
Jef. The consensus opinion was that there would be a very strong consideration
to establishing an Advisory Planning Committee for the Transition Area. He
continued that there was not a broad issue about who should appoint the
advisory committee. While the Board of Aldermen has the option whether or not
to accept the recommendations of the committee, he felt that they would be
honorable to listen to and review the recommendations. He encouraged the
Planning Board to forward these recommendations to the Board of
Commissioners for their decision.
15
Il
Brooks asked if the Planning Board must simply vote "yes" or "no" or if they
could make other recommendations. Barrows responded that they could make
recommendations.
Woods asked why there was no requirement for a traffic impact analysis.
Williford responded that there is a requirement elsewhere in the ordinance for a
traffic impact analysis on any development larger than five units. There is also
an interconnecting road policy.
Katz asked if the arteries going in and out such as Old NC 86, Homestead and
Dairyland Roads would remain the same size. Zaffron responded that according
to the State Transportation Improvements Plan, they are all to remain the same
with the exception of bike lanes being added to Old NC 86 around 2010.
Andrews asked why the authority was passed to joint planning. Bell responded
that in the 1970s there was a push from Chapel Hill to pass legislation to extend
is jurisdiction. The Joint Planning Agreement was a compromise that defined
rban density areas and established the rural buffer.
Brooks noted that while in the late 70s and 80s it was a joint effort between the
county and municipalities, the County is now being asked to step aside and give
up its overseeing power.
Walters expressed concern with the County giving up total control and felt the
County should appoint the advisory board members.
Bell stated that the Joint Planning Agreement requires the Town to submit
proposed amendments to the County for a thirty day review period of the
ordinance language prior to a public hearing. The public hearing is scheduled
for December 15. He suggested that the Planning Board may wish for the
Ordinance Review Committee to review these proposed amendments.
Selkirk stated that it would take a long time for such development to occur once
the amendments are approved. He felt there must be some rational method of
control over a period of time in order to address the concerns and perform
checks and balances. He felt that development was inevitable. However, he
indicated he felt the County should not give up all of its responsibility.
Brooks wondered how the Planning Board would feel if the same plan was
implemented, but the Board of Commissioners would have the final say about
anything that comes up rather than Carrboro's Board of Aldermen. She
continued suggesting some recommendations:
1. Section 6 - Affordable Housing
(a) that there be required qualifications for the buyers who will be
taking advantage of the affordable housing
2. That the members of the Northern Transition Area Advisory Board be
appointed by the Board of Commissioners;
3. That the 100 -foot setback be extended to 150 -foot along major conductor
roads; and
4. That agricultural uses be grandfathered in.
16
12
Barrows expressed concern that the village concept is a current, trendy concept.
If there was assurance that there would be only one or two, that would be
acceptable. She continued, expressing concern about the affordable housing and
buffers noting that Section 4, Village Mixed Use District Established, is not
specific enough. She reiterated her concern of not knowing how many floating
zones and/or villages there will be.
Allison reminded the Board that ordinances can be changed and there must be
some starting point. He noted he had concerns; however, if this was a County
operated ordinance, he would agree to implement it because he knew that the
Ordinance Review Committee would study the ordinance, finding things that
would need to be changed and proposing those changes at a later date. Changes
are to be expected. He noted he was comfortable with the procedure in the
proposed ordinance for appointment to the advisory board and confident that the
Board of Aldermen would listen to the people of the area and take action
accordingly. Allison continued that, since a 150 -foot buffer is not required
throughout the County, he did not feel the need to have a 150 -foot buffer in
this area. In regard to the number of villages, he noted that the County had
never been looked at as a whole and the number of villages that might be
proposed, so he did not see where this would be any different. He felt
confident that the Planning Board could accept the proposed ordinance,
recognizing that changes will be made in the future.
Katz stated that he felt the presentation should have provided some photographs
or videos demonstrating examples of what is being proposed. He continued that
it is inevitable that development will occur in the Transition Area. He was
concerned with whether we actually put a limit upon the area that gets
developed before density reaches the urban size nearer to Carrboro. We started
out with two transition zones and now we are trying to eliminate those zones
and jump ahead to develop an area which will be spotty and will be further
away from the proximity of Carrboro. He stated that he felt that Carrboro should
give up something to get something. He felt that this puts pressure on the Rural
Buffer unless there is a long term containment to force Carrboro to focus on
developing and urbanizing the area below the Rural Buffer. There is no
guarantee that Carrboro will do what they say they will do. If OWASA moves
out to the Rural Buffer, then development will move as well. The County
should not have to give up authority simply because of the timeframe for
approval, it should remain joint. People seem to be agreeable to the village
concept and, as long as a proposal would meet the criteria, there would not be
any problems with the County.
Woods expressed concern that the main issue is trust. He also expressed
concern that are no plans to change the roads to address the traffic impact.
However, he felt the ordinance is a good one with many good incentives. He
felt it could be approved but make some changes and one of those changes
should be that the County keep the right to vote on the zoning. He felt, with the
number of incentives, there would be applicants even if the process is longer
with approval remaining joint.
Barrows referred to comments that had been made by Strayhorn and Walters
regarding TDR and PDR (Transfer and Purchase of Development Rights) noting
that this would be the ideal area for such programs.
13 17
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, 43 with changes indicated in bold print:
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
14
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
W-1
19
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
r •w
p Y
MEMORANDUM
TO: John Link, County Manager
FROM: Gene Bell, Interim Planning Director G�-9
SUBJ: Events Related to Development of the Facilitated Small Area
Plan for the Carrboro Northern Study Area
DATE: November 11, 1998
In response to your request (resulting from questions at the November 4 BOCC meeting)
for a chronology of events related to development of the Facilitated Small Area Plan
(SAP) for the Carrboro Northern Transition Study Area (NSA), amendments to the Joint
Planning (JP) Agreement, and development moratoria in the area, I submit the following:
1. November 2, 1987 - Carrboro becomes party to JP Agreement with Chapel Hill and
Orange County.
2. June 30, 1988 - Joint Planning Public Hearing to define boundaries of Carrboro
Transition Areas I and II and to present municipal zoning plans for Carrboro and
Chapel Hill transition areas.
3. November 14, 1988 - Administration of Transition Areas transferred to towns.
4. February 1992 - Small Area Planning process for NSA initiated.
5. September 12, 1995 - "Draft" SAP for NSA completed.
6. November 9, 1995 - Carrboro open house on SAP at Homestead Community Center.
7. February 6,1996 - Carrboro public hearing on moratorium in NSA and draft SAP.
8. February 12, 1996 - BOCC objects to moratorium and recommends facilitated
meeting(s) be conducted with NSA residents, small area planning group, BOCC, and
Board of Aldermen concerning the draft SAP.
9. February 18, 1997 - Orange County agrees to share cost of facilitated meetings.
10. April 19, 1997 - First facilitated meeting ("Education Session") held at McDougle
Middle School on a Saturday.
11. May 31, 1997 - Second facilitated meeting (with Randall Arendt) held McDougle
Middle School on a Saturday to develop "modified plan".
20
12. August 19, 1997 - Board of Aldermen accept "modified plan" resulting from
facilitated meetings in April and May.
13. September 16, 1997 - Board of Aldermen establish an Ordinance Drafting
Committee to draft changes to Carrboro land use ordinances necessary to implement
recommendations of the "modified plan."
14. November 3, 1997 - BOCC "does not object" to Carrboro request for six month
moratorium in NSA while implementing ordinances being developed.
15. November 11, 1997 - Board of Aldermen adopt six month moratorium in NSA on
projects with five or more units or lots.
16. April 8, 1998 - Joint Planning Public Hearing on Facilitated SAP, amendments to the
JP Agreement to implement plan, and amendments to JP Agreement for establishing
moratoria.
17. May 6, 1998 - BOCC "does not object" to Carrboro request to extend moratorium to
September 30, 1998 while implementing ordinances being completed.
18. May 26, 1998 - Board of Aldermen approve Facilitated SAP and amendments to the
JP Agreement to implement plan and establish moratoria.
19. June 8, 1998 - Chapel Hill Town Council approves Facilitated SAP and amendments
to the JP Agreement to implement plan (with exception of language limiting approval
of conditional use floating zones solely to Carrboro) and establish moratoria.
20. July 6, 1998 - Chapel Hill adopts amended resolution (consistent with Carrboro's) on
amendments to the JP Agreement to implement plan (approval of conditional use
floating zones left to Carrboro).
21. July 15, 1998 - Orange County Planning Board recommends approval to JP
Agreement amendment for establishing moratoria. Board considers facilitated SAP
for NSA and amendments to JP Agreement and votes unanimously to "not accept the
Resolutions passed by the Chapel Hill Town Council and the Carrboro Board of
Aldermen." Concerns cited were "lack of ordinances to implement the plan and
concern for the citizens being governed by a jurisdiction for which they could not
vote."
22. August 19, 1998 - Request by Carrboro Town Manager (at a meeting of county/
municipal managers and planning directors, OWASA staff, and UNC officials) that
the County withhold a decision on the SAP until the Ordinance Drafting Committee
completes its work.
23. September 30, 1998 - BOCC approves amendment to JP Agreement to allow for
establishment of development moratoria.
24. October 6, 1998 - BOCC approves Carrboro request for extension of moratorium
through December 31, 1998 while implementing ordinances being completed.
25. November 5, 1998 - Carrboro draft ordinances for implementing facilitated SAP
delivered to Orange County Planning.
26. November 11, 1998 - Special Orange County Planning Board meeting to review draft
ordinances and consider recommendation to BOCC on facilitated SAP and
amendments to JP Agreement for implementation of the plan.
27. December 15, 1998 - BOCC consideration of Planning Board recommendation and
decision on facilitated SAP and amendments to JP Agreement for implementation of
the plan.
21
APPROVED 4 -8 -98 JPA Public Hearing Minutes 2
-Mr. Randy Danzinger, of 212 Dairyland Road, Chapel Hill, North Carolina, commented that he was
strongly in favor of the moratorium being adopted. He stated that he is not in favor of the development
proposals that Carrboro has presented. He expressed his concern that Carrboro officials do not have the
best interests of the Calvander community in mind. This is a particular concern to them because they are
not voting members of the Carrboro community. They need to have their concerns taken seriously by the
Board of Commissioners as they are the only elected officials that the residents of Calvander have.
Ms. Fay Hogan Daniel, a Calvander landowner, expressed her displeasure that Carrboro could
make decisions regarding her land but she could not vote for them. She requested that the Board of
Commissioners be the decision makers for this area. She strongly supported the moratorium.
Mr. Curtis Hogan stated that this land represented his retirement fund. He did not support Carrboro
having power over the future use of his land.
JEF, a Calvander resident, spoke in support of this proposed moratorium. it is important that there
be time to complete the planning process for future development.
Mr. Stephen Dear, a Stony Hill Road resident, spoke in support of the proposed Moratorium.
Ms. Carol -Ann Greenslade spoke in support of establishing a moratorium. She stated that it would
be in the best interest of the community to complete the planning process before allowing future
development
Neil Alderman indicated that he was speaking on behalf of one of the property owners and that he
did not support this proposal for a moratorium.
A motion was made by Commissioner Carey, seconded by Commissioner Gordon, to refer the
proposed amendment to the Joint Planning Agreement to the Towns of Chapel Hill and Carrboro for a
decision at which time the matter will be referred to the Orange County Planning Board to be returned to
the Board of Commissioners no sooner than June 22, 1998.
MOTION: APPROVED
TOWN OF CARRBORO:
0 JPA -2 -98- Facilitated Small Area Plan For Carrboro's Northern Study Area —
Mayor Mike Nelson presented a brief history of this item. He indicated that a year ago they
engaged in two-day long work sessions on the Small Area Plan. Everyone in this area was invited to
attend and there were more than 150 participants at those two meetings. It was led by Randall Arendt and
all decisions were unanimous and made by consensus. The plan you see before you came out of that
meeting. There were very diverse views from the participants. It was important such a wide range of
views and issues could be resolved by consensus.
The item was presented by the Carrboro Planning Director Roy Williford for the purpose of
receiving public comment on a proposal to amend the Joint Planning Area (JPA) Land Use Pian and Map
to incorporate the facilitated small area plan accepted by the Board of Aldermen on August 19, 1997. In
February 1992, the Board of Aldermen for the Town of Carrboro determined that a comprehensive
planning effort was needed for those areas of the town's jurisdiction which are expected to receive the
bulk of any growth and development occurring in the coming years. Population projections at the time
indicated this growth was expected to include nearly 12, 000 new residents by the year 2010, and
associated civic, business, and commercial ventures. Due to environmental constraints associated with
the protection of the University Lake water supply to the south and west of Carrboro, growth was expected
to occur primarily to the north and east of the town in areas where public water and sewer service could be
extended. The Northern Study Area plan proposes to cluster a bulk of the new residential development by
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3
encouraging village -scale development to conserve natural and environmentally sensitive areas, allow
density bonuses for affordable housing meeting certain development criteria, and sanction neighborhood
and community scale commercial centers. The overall target density for the Northern 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 the creation of new, neighborhood -scale communities which can be connected to
existing and new areas via a network of open space corridors. This 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 and allow for
the efficient provision of town services, the provision of a variety of housing types and styles, development
of a multi-modal transportation system, conservation of natural and environmentally sensitive areas, and
the protection of environmental quality, and the encouragement of active farmland preservation.
COMMENTS AND /OR QUESTIONS FROM THE BOARD OF COMMISSIONERS, CHAPEL HILL TOWN
COUNCIL AND CARRBORO BOARD OF ALDERMEN:
Commissioner Gordon asked what the similarities and differences were between the proposed
floating zone and the way a Planned Development would be implemented in Orange County.
Mr. Williford indicated that the current joint plan requires that nodes have to be established for the
commercial or the mixed use areas. Floating zones would require a site plan as well as the traditional
quasi-judicial process approving plans based on the ordinance. There would be no specific nodes.
COMMENTS AND /OR QUESTIONS FROM CITZENS
Ms. Shirley Marshall spoke in support of both the Carrboro and Chapel Hill plans. She pointed out
that the goals were simple and specific in concept Elected and planning officials alike had essentially two
goals. The first goal was to define and plan for a northern build -out area for Chapel Hill and Carrboro.
The second goal was to support that defined area by creating a buffer against a rush of urbanization from
a .possible developing urban Durham area. The solution that was developed was called the Rural Buffer.
In addition, Orange County government was adamant that no more citizens would be placed in the
position where all planning decisions were made for them solely by elected officials for whom they could
not vote. Therefore, extension of extraterritorial jurisdiction could not be, and was not a part of the
solution. This agreement to stick to each units jurisdictional business has made this unique approach
workable and has brought the various groups to tonight's hearing and sets up the further refinements
necessary to enhance the goals of the Rural Buffer. She strongly supports both Carrboro and Chapel
Hill's proposed plans.
Mr. Randy Danzinger commented that this planning process was very thoughtfully started and
worked on diligently by many citizens and elected officials. He indicated that the ordinances which control
the implementation of the plan should come forth for consideration at the same time that the plan is
considered for adoption. This would allow citizens to see what they were actually going to get if they voted
to approve it Unless there is an overwhelming need to adopt this now, he requested that the adoption
process be postponed until the ordinance controlling the enforcement of it be presented as well.
-Mr. Wilford indicated that the Ordinance Drafting Committee has been working diligently. They are
working on guidelines for affordable housing, and design guidelines for the villages. It will probably be
August before the Ordinance is presented. In order to have an ordinance, a plan is necessary. It was
envisioned that the plan would be adopted first, to be followed by the ordinance. The plan is detailed and
23
4
spells out the type of implementation desired by the facilitation work group. The Ordinance Drafting
Committee is attempting to put the plan into ordinance language.
Mr. Don Kuty, indicated that he was a member of the steering committee and participated in the
facilitated process. He spoke about connector roads. Consensus was reached on prohibiting large
developments from connecting through small developments. The current draft of the map has eliminated
these connector roads and most of the text has removed reference to them. However, on page 78 a
reference was left in the document.
Mr. Roy Williford indicated that they intended to correct this to coincide with the other references in
the Plan.
JEF, a resident of the Calvander area, asked several questions. Mr. Williford responded that he
was not able to say exactly how dose to the 75% threshold Transition Area I was because it includes right-
of-ways and other public utility easements. However, in general the figure is approximately 70 %. Also, the
plan which was accepted by Carrboro was written by the Facilitation Steering Committee. JEF then
commented that he thinks the plan is moving in the right direction, but it still needs work. He referred back
to the work of the Joint Land Use Planning Agreement from 15 years ago. One of their largest concerns
was leapfrog development in the transition area. He wants to see that honored. He mentioned that when
they were in the facilitated meeting they were not told that this plan abrogates the Transition Area I and II
model. He believes in that model and he does not approve of this model. Those Ordinances should be
incorporated within Carrboro as well as outside. He listed what he identified as six or more factual errors
in this report. In particular, he noted Item 1.6 on page 58 pertaining to the creation of the businesslof lice
assembly areas. He felt that there were many inaccuracies and inconsistencies in the proposed plan.
Carrboro Board of Alderman Gist pointed out that this is a Draft and those inaccuracies will be
corrected prior to adoption.
Mr. Stephen Dear, a resident of Stony Hill Road, agreed with JEF. He also pointed out that he,
JEF and a group of residents of this area met recently and there was agreement among that group with
the points that JEF has made. They do not think that the plan is ready for adoption.
Ms. Carol -Ann Greenslade re- stated that she had been involved in this planning process from the
beginning. She repeated that all decisions were made with the idea that there were two transitions areas.
She is opposed to changing this portion of the plan. She also pointed out that she was opposed to having
this zone be separate from the rest of the plan. She requested that the County remain the overseer of
that area. She wanted to be reassured that the Ordinance would be considered for adoption by the Board
of Commissioners.
Attorney Mike Brough indicated that Carrboro would propose the adoption of the Ordinance and
send the text to the Commissioners. If the County objects, then it would not be adopted until agreement
was reached. That process has not been changed. The change that is being proposed is with respect to
the floating zone concept. Presently, an amendment to the map can only be adopted by a joint public
hearing of the Board of Aldermen and County Commissioners. This is proposing that this process would
not be required of the floating zones. Once the concept is approved by the Board of Commissioners,
Carrboro could act without the joint process for individual decisions on a particular portion of the property.
There is a perception that the implementation of the floating zone is closer to an administrative process
which is site specific. However, it is closer to the conditional use process which under the existing
arrangement is already administered by Carrboro. It would still require a public hearing in the
Carrboro area.
Ms. Carolyn Miller, a Stony Hill resident, indicated that she participated in the facilitated meetings.
She felt that it was a good plan but that it should be adopted at the same time that the ordinances were
24
5
adopted. She was very opposed to this being adopted without the ordinance being adopted at the same
time or before. She pointed out that there was supposed to be a 75 foot, undisturbed buffer between
Stony Creek and Hogan Farm which was compeeey destroyed. There is no buffer left.
Carrboro Board of Alderman Gist stated that a moratorium on development for that area is currently
in place for the area for which the ordinances are being written. They are in the process of getting the
moratorium extended for another 6 months while the ordinances are completely written.
Mr. David Rutter, a resident of this area, indicated that he is confused as to why the process is
being put forth without the ordinance being completed.
It was mentioned that the plan has been accepted, not adopted. Transition Area I and II distinctions
would be removed so that the floating zones could operate. Those floating zones could not be put into the
transition areas as they exist because of density requirements.
Mr. Rutter mentioned that many years ago Mayor Jim Porto of Carrboro asserted Carrboro's right to
annex industrial nodes which were not clearly defined and were miles away from Carrboro's limit.
Carrboro's staff also prepared a plan that would bring office and industrial uses to the Calvander
community. He stated that he does not support the current Carrboro plan. Nor does he support the
removal of the Transition 1 & II areas. He asked if County representatives would retain a part in the
transitional development in future years. He requested that the ordinances be written before the plan is
adopted:
Mn Curtis McLauglin, a resident of Drew Lane and Homestead Road, indicated that he was
opposed to the floating districts. He participated in the planning group but not the consensus group. He
wanted to know what was going to happen to the lot across from him. He stated that he does not want to
have mixed use development on that road and does not support the floating districts.
Mr. Andrew Cohen, Chair of the Carrboro Planning Board, commended the elected officials for their
commitment to hearing what citizens have to say. He asked that a plan be adopted. The moratorium will
end shortly. He stated that interests of the community as a whole must be considered and a decision must
be made. He urged the elected officials to make a decision. He requested that the elected officials adopt
this plan.
Ms. Linda Brockwell Roberts, a Calvander resident, spoke in support of the Randall Arendt study
and asked that his recommendations be taken into strong consideration for this area. She asked that the
moratorium be continued so that the ordinance could be completed. She distributed a video and asked
the Board of Commissioners to view it. She asked that her family's land and homes be kept together. The
property she was referring to is the four comers (except for the community store) of Calvander. She asked
to remain a County resident.
Carrboro Board of Alderman Zaffron commented that regarding the use of plural or single language
in referring to Village Mixed Use Centers he referred to page five (5) "Goals & Objectives', the precise
language that was agreed upon in the facilitated meeting #11(a) Mixed Use Village Centers. The
language reads "village floating zone, amend policy proposal and draft plan for a mixed use village center
along Old 86 to a policy endorsing the concept of a "floating zone" for future residential village
developments in the transition area. That is the language that was agreed upon in the facilitated meeting.
He indicated that the Board of Aldermen are looking at how to provide representation for the Calvander
residents. An autonomous advisory board for the transition area is one of the suggestions they are
looking at
A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to refer the
proposal to amend the Joint Planning Area Land Use Plan and Map to the Towns of Chapel Hill &
25
6
Carrboro for a decision at which time the matter will be referred to the Orange County Planning Board to
be returned to the Board of Commissioners no sooner than June 22, 1998
VOTE:APPROVED
No - Alderman Jacqueline Gist
Joint Panning Agreement Amendments — Transition Area I & II and Floating Conditional Use
District.
This item was presented by Carrboro Planning Director Roy Williford for the purpose of receiving
citizen comment on a proposal to amend the Joint Planning Agreement to incorporate the Facilitated Small
Area Plan for Carrboro's Northem Study Area accepted by the Board of Aldermen on August 19, 1997.
The plan covers both Transition Areas I and II as specified in the Joint Planning Area Land Use Plan (JPA
LUP), as well as areas within Carrboro's extraterritorial jurisdiction. The amendment to the agreement will
remove the density cap of one unit per acre in Transition Area II and combine Transition Areas I and if. In
addition, the amendment would allow the Board of Aldermen to establish floating, conditional use zones.
In February 1996, a public hearing on the Small Area Plan for Carrboro's Northem Study Area — Proposed
Draft for Presentation was held. Due to the issues raised during the hearing, the Board of Aldermen
proposed that a facilitated planning conference be held, at which a consensus plan would be developed.
A Steering Committee made up of elected officials and residents of the study area was established to plan
the workshop. There were facilitated meetings in the Spring of 1997, during which the Northern Study
Area (NSA) Plan was developed. It was agreed that participants preferred floating, conditional use zones.
Three types are noted, residential, mixed -use and office /assembly. This strategy was selected, as it was
believed that it would provide the highest level of scrutiny for proposed developments. The JPA
agreement amendments have been prepared in order to allow the floating zones to "land' anywhere within
Carrboro's transition areas, if deemed appropriate during the rezoning process, with the approval of the
Board of Aldermen.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to refer the
proposed amendment to the Joint Planning Agreement to the Towns of Chapel Hill and Carrboro for a
decision at which time the matter will be referred to the'Orange County Planning Board to be returned to
the Board of Commissioners no sooner than June 22, 1998.
VOTE: APPROVED
No - Alderman Jacqueline Gist
TOWN OF CHAPEL HILL:
JPA -3 -98 — Chanel Hill Northwest Small Area Plan: This item was presented by Chapel Hill Planner Rob
Wilson for the purpose of receiving citizen comment on a proposal to amend the Joint Planning Area (JPA)
Land Use Plan to incorporate the Chapel Hill Northwest Small Area Plan as accepted by the Chapel Hill
Town Council on September 11, 1995. In January, 1993 the Council initiated a small area planning
process for the northwestern portion of the Town's planning jurisdiction. The Northwest Small Area Plan
study area generally consists of the land south of Interstate 40, including a portion of the land north of
Weaver Dairy Road, the land west of Airport Road (N.C. Highway 86), and the land north of the University
of North Carolina's Horace Williams tract and Homestead Road. The western boundary of the area
generally follows Rogers Road. A rail line bisects the study area. The study area is also split into three
drainage basins: New Hope Creek, Booker Creek and Bolin Creek In December 1994 the Work Group
recommended the Northwest Small Area Plan to the Council and in September 1995 the Town Council
requested that the Plan be considered at a Joint Planning Area Public Hearing. In general, the Plan
proposes a Village Pattern of Development along the rail line corridor, primarily located on the Greene
tract. The Plan assumes that the Green tract would be developed and would not be used for landfill
purposes. Generally decreasing residential densities are proposed as distance from the village center
increases, in a effort to help preserve the character of existing neighborhoods. The Plan proposes several
greenways, a large community park and recommends that a portion of the tract be used for affordable
housing. The Greene tract is jointly owned by Chapel Hill, Carrboro and Orange County and any future
May -27 -98 11:08A Town of Carrboro 919 968 7737
BOARD OF ALDERMEN
ITEM NO.
AGENDA ITEM ABSTRACT
MEETING DATE: Tuesday, May 26, 1998
SUBJECT: FINAL DECISION on Joint Planning Area Land Use Plan and Agreement Amendments.
P.02
26
DEPARTMENT: PLANNING
PUBLIC HEARING: YES— NO —X—
ATTACHMENTS:
FOR INFORMA71ON CONTACT:
Joint Planning Public Hearing Agenda
Patricia McGuire -- 968 -7714
Draft minutes of April 8,1998 Joint Planning
Roy Williford — 968-7713
Public Hearing
Planning Board recommendation
Letter from Inna Deng Johnson
Letters from Jef
Letter from Jean Earnhardt
Maps of undeveloped land in Transition Area I
Resolutions
THE FOLLOWING INFORMATION IS PROVIDED:
( X ) Purpose (X) Analysis ( X ) Summary
(X ) Recommendation
PURPOSE
To review the proposed Joint Planning Area Land Use Plan and Agreement amendments which were presented at a
Joint Public Hearing on April 8, 1998 and make a final decision. This decision will be forwarded to the Orange
County Planning Board for their consideration and recommendation prior to the Board of County Commissioners'
decision on June 22, 1998.
SUMMARY
On April 8, 1998, a joint public hearing was held by Orange County, Chapel Hill and Carrboro to consider
amendments to the Joint Planning Area Land Use Plan, Map and Agreement.
All items were referred to the jurisdictions' respective plarming boards for review and recommendations. All
recommendations will be forwarded to the Orange County Board of Commissioners on June 22, 1998.
ANALYSIS
The proposed Joint Planning Area agreements and staff recommendations, as presented in the staff reports, are noted
below.
Table 1. Summary of Proposed Joint Planning Area Ameadments.
JPA # Initiated By Subject Staff Recommendation
la Orange County Amendment to Joint Planning Agreement to Approval
Planning Staff provide for the adoption of temporary development
moratoria.
Amend Joint Land Use Plan and Map to incorporate
Facilitated Plan for Northern Study Area and
2 -98 Town of remove references to T -I and T -2. Approval
Carrboro
..cam, -.�v «« v�� ,vw.+ uC I.dYYaOY -CJ fly `3-t'�23 7737 P.03
Staff Report for Final Decision —JPA Amendments Page Z
JPA # Initiated By
Subject Staff Recommendation
Amend Ioint Planning Agreement to delete
reference to T -I and T -2 and provide a process to
approve a floating conditional use district.
3 -98 Town of
Amendment to JPA Land Use Plan and Map to Approval
Chapel Hill
incorporate the Chapel Hill Northwest Area plan.
1 -98 Irma Deng
Amendment to JPA Land Use Plan and Map to Approval
Johnson
expand Chapel Hill Transition Area to include nine
tracts located in Rural Buffer.
The staff recommendations for items JPA 1 -98 and JPA 3 -98 remain as noted in the table above.
Four letters have been submitted to the town regarding JPA -2 -98 and JPA 1 -98. Copies of those letters are
attached.
During the public hearing on April 8, a number of citizens provided comments regarding JPA 2 -98, plan and
agreement amendments pertaining to the adoption of the Facilitated Small Area Plan for Carrboro's Northern
Study Area. Where illustrative or appropriate, the comments or questions, staff response, and any proposed
changes to the text of the draft plan are presented in the following table. A number enclosed within parentheses
following any comment/question indicates that the comment was made by that number of speakers.
Table 2. Summary of comments, responses, and/or staff- recommended
# Comments/ Questions Staff - proposed chance and/or Response
1.
for approval concurrently with
plan.(3)
Z A reference to connector roads,
which had been eliminated by the
steering committee, remains on
page 78 of the plan.
3. How close to 75 percent threshold
is Transition Area 1? (2)
No change. On August 19, 1997, the board voted to submit plan to
ordinance drafting committee to prepare land use ordinance text and map
amendments needed to implement the plan, which along with the plan,
would be referred at a later date, to the Joint Planning Amendment Process
as a package. Following a worksession on January 20, 1998, at which the
progress of the committee was reviewed and a revised schedule considered,
the Board of Alderman voted to submit the Joint Planning Land Use Plan
and agreement amendments for review at the April 8 public hearing.
This reference will be removed.
See attached maps and item 9 below.
4 No mention at facilitated meeting The Transition Areas are defined in Section V of the Joint Planning Land
that proposed plan abrogates Use Plan as "suitable for urban-type densities." The Facilitated Plan
model of Transition Areas i and 11. proposes to cluster a bulk of the new residential development by
(2) encouraging village -scale development, and to conserve natural and
environmentally sensitive areas. A "conditional use floating zone' is
proposed as the mechanism by which village scale development will occur.
The requirement that proposed sites be served by water and sewer
coincides with the orderly growth objectives that necessitated the
designation of two Transition Areas in the Joint Planning Land use Plan.
5 Plan was prepared by Facilitation The plan incorporates the work of the original Small Area Planning Work
Steering Committee. (2) Group, Randall Arendt, the participants in the facilitated workshop, and the
Steering Committee.
b Consensus was not reached on Consensus was not reached on this item at the facilitated work group
27
May -27 -98 11:09A Town of Carrboro
Staff Report ror Final Decision - JPA Amendments
919 968 7737 P.04
Page 3
28
#
Comments/ Questions
Staff - proposed change and /or Response
Item 1.6 on page 58, which
meeting. This item was referred to the Facilitated Conference Steering
pertains to the creation of
Committee that, in turn, referred it to the Board of Aldermen on August 19,
business/office /assembly areas. (2)
1997 for a decision. The Board of Aldermen passed the following:
"Motion was made by Alex Zaffron and seconded by Jacquelyn Gist that
the floating office zone, as presented in the Draft Small Area Plan, be
submitted as part of the plan to the ordinance drafting committee.
7.
"Mixed -use village center"
Randall Arendt's "Summary of Recommendations on the Draft Plan for the
understood to be singular, as was
Northern Study Area" speaks of a "floating zone" for Villages and
"floating zone. "(2)
Developments in the plural sense, as follows:
"I 1 a. Village Floating Zone: Amend policy proposal in the Draft Plan for
a Mixed -Use Village Center along Old 86 to a policy endorsing the concept
of a "floating zone" for future residential village developments in the
Transition Areas.
I ib. Floating Allred -Use Center: Amend policy proposal in the Draft
Plan for a Mixed -Use Center along Homestead Road to a policy endorsing
the concept of a "floating zone" for mixed -use villages with very modest
retail components at appropriate locations in the Transition Areas."
8
Map on page 13 shows streams
The stream location on David Rutter's property near Old NC 86 and Stony
and waterways on the wrong
Hill Road is shown incorrectly and is being corrected.
property. (2)
9
The information on map A- I does
Some of the properties characterized, as "developed" do not meet the
not match glossary definitions for
definition found within the Joint Planning Agreement. However, due to the
"developed" and "undeveloped."
nature of certain subdivision, and associated deed restrictions, additional
(2)
development on these properties is extremely limited (e.g. Drew Lane,
Talbryn) and consequently they have been characterized as "developed."
10.
Bald Mountain is described as the
The plan is being corrected to indicate that the highest peak wholly
"highest point in Carrboro," but is
contained within the planning jurisdiction is Big Hill, with elevation
not in Carrboro. (2)
approximately 630 feet above sea level.
11.
Objective 5.L., regarding the
Replace this objective, as follows, "Re- examine the policy to extend
policy to extend Eubanks Road, is
Eubanks Road as a vehicular thoroughfare. Note that this extension might
unclear. (2)
be more appropriate as a rustic trail."
12
Citizens did not endorse Eubanks
The reference to the Eubanks Road extension as a proposed arterial in
Road extension from Old NC 86 to
Appendix B of the plan is being removed.
Ellis Road, as referenced on page
77 of the plan. (2)
13.
Opposed to combination of
No change.
Transition Areas I and II. (4)
14
Opposed to mixed use
No change.
development and floating districts.
15.
Support Randall Arendt's
Mr. Arendt's "Summary of Recommendations on the Draft Plan for the
recommendations.
Northern Study Area" form the basis for the Facilitated Plan as revised by
participants in the two -day facilitated planning conference.
lb
Moratorium should be continued
The development moratorium for projects requiring special or conditional
so that ordinance can be adopted.
use permits in the Northern Study Area was extended to September 30,
1998 by vote of the Board of Aldermen on May 12, 1998.
17.
Keep Calvander intersection
There was no consensus reached on this item at the facilitated workshop.
together.
I&
Remain a resident of Orange
No change.
County.
19.
Transition Area Advisory Board to
Present Planning Board consists of eleven members, two of whom reside
gray- e- i -tics ii:llJi-A Town or L�arrooro yid rocs ii -S/ P_05
29
Stab' Report for Final Decision — JPA Amendments
and/or
Page 4
Carrboro Planning Board within the town's extraterritorial planning area and two of whom reside
within the town's joint planning area. As proposed by Randall Arendt, and
agreed to by participants in the facilitated workshop, the town is in the
process of developing an advisory board to the Planning Board, whose
members shall reside within the Transition Areas.
RECOMMENDATION
The Administration recommends that the Board of Aldermen incorporate the changes proposed above in items 2,
8, 10, 11, and 12. The Administration also recommends that the Board adopt the attached resolutions.
TOWN OF CARRBORO
NORTH CAROLINA
The following resolution was introduced by Alderman Alex Zaffron and duly seconded
by Alderman Jacquelyn Gist.
A RESOLUTION AMENDING THE JOINT PLANNING AREA LAND USE PLAN
TO INCORPORATE THE FACILITATED SMALL AREA PLAN FOR
CARRBORO'S NORTHERN STUDY AREA
Resolution No. 47/97 -98
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 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:
301 WEST MAIN STREET. CARRBORO. NC 27510 - 19191 942 -8541 - FAX 19191 988.7737 - TOD 19191 988 -7717
AN EQUAL OPPORTUNITY EMPLOYER
30
Page 2
` Town of Carrboro
Resolution No. 47/97 -98
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."
2. Section V of the Plan ( "Joint Planning Operating Principles ") is amended
on page 59 by deleting the entire first paragraph at the top of the page, which begins with
"The portion of the Transition Area...." and includes numbered subparagraphs 1 through
5. (The deleted language divides Carrboro's Transition Area into Transition Area I and
Transition Area II and prohibits the density of Transition Area H from exceeding one unit
per acre until at least 75% of the area within Transition Area I meets certain
developmental thresholds).
3. Section V1 of the -Plan ( "Future Land Use - Joint Planning Area ") is
amended on page 71 by deleting from the first paragraph under the heading "Transition
Areas" everything after the first two sentences. (The deleted language references and
describes the division of Carrboro's Transition Area into Transition Area I and Transition
H as described above).
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 following vote
and was duly adopted this 260i day of May, 1998:
Ayes: Hank Anderson, Hilliard Caldwell, Jacquelyn Gist, Michael Nelson, Allen Spalt,
Alex Zaffron
Noes: None
Absent or Excused: Diana McDuffee,
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 May 26, 1998.
Town Clerk
� X911
31
32
3
RESOLUTION A
A RESOLUTION ADOPTING AN AMENDMENT TO THE JOINT PLANNING AREA
LAND USE PLAN AND MAP TO INCORPORATE THE SMALL AREA PLAN FOR
CARRBORO'S NORTHERN STUDY AREA (98- 6- 8/R -15)
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 three governing boards of Orange County, Chapel Hill and Carrboro held a
public hearing on April 18, 1998;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council approves the amendment of the joint planning land use plan as follows:
1. Section VII of the Plan ( "Overview of Implementation Strategies ") is amended on
page 91 by adding under the heading "Coordinating 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 ".
2. Section V of the Plan ( "Joint Planning Operating Principles ") is amended on page 59
by deleting the entire first paragraph at the top of the page, which begins with "The
portion of the Transition Area...." and includes numbered subparagraphs 1 through 5.
(The deleted language divides Carrboro's Transition Area into Transition Area I and
Transition Area II and prohibits the density of Transition Area II from exceeding one
unit per acre until at least 75% of the area within Transition Area I meets certain
developmental thresholds.)
3. Section VI of the Plan ( "Future Land Use - Joint Planning Area ") is amended on page
71 by deleting from the first paragraph under the heading "Transition Areas"
m
everything after the first two sentences. (The deleted language references and
describes the division of Carrboro's Transition Area into Transition Area I and
Transition Area II as described above.)
This the 8' day of June, 1998.
33
34
TOWN OF CARRBORO
NORTH CAROLINA
The following resolution was introduced by Alderman Alex Zaffron and duly seconded
by Alderman Jacquelyn Gist.
A RESOLUTION ADOPTING A
JOINT PLANNING AGREEMENT AMENDMENT
TO IMPLEMENT RECOMMENDATIONS CONTAINED IN THE
FACILITATED SMALL AREA PLAN FOR
CARRB ORO' S NORTHERN STUDY AREA
Resolution No. 42/97 -98
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, 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; 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, THEREFORE, 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 three sentences. (The deleted
language divides Carrboro's Transition Area into Transition Area I and Transition Area
11 and prohibits the density of Transition Area II from exceeding one unit per acre until
301 WEST MAIN STREET. CARRBORO. NC 27510 - 19191 942.8541 - FAX 19191 988.7737 - TDD 19191 988 -7717
AN EQUAL OPPORTUNITY EMPLOYER
Page 2
." Town of Cantoro
Resolution No. 42/97 -98
at least 75% of the area within Transition Area I meets certain developmental
thresholds).
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."
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, 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."
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 26`h day of May, 1998:
Ayes: Hank Anderson, Hilliard Caldwell, Jacquelyn Gist, Michael Nelson, Allen Spalt,
Alex Zaffron
Noes: None
Absent or Excused: Diana McDuffee
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 May 26, 1998.
Town Clerk
O _ rtiR�A�'w
35
E
RESOLUTION B
A RESOLUTION ADOPTING AN AMENDMENT TO THE JOINT PLANNING
AGREEMENT TO INCORPORATE CHANGES RELATED TO THE SMALL AREA
PLAN FOR CARRBORO'S NORTHERN STUDY AREA (98- 6- 8/R -16)
WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a
Joint Planning Agreement on November 2, 1987; 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; and
WHEREAS, implementation of the recommendations contained in the Small Area Plan requires
certain amendments to the Joint Planning Agreement; and
WHEREAS, the three governing boards of Orange County, Chapel Hill, and Carrboro held a
public hearing on April 8, 1998;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council approves an amendment to the joint planning agreement 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. (The deleted language
divides Carrboro's Transition Area into Transition Area I and Transition Area II and
prohibits the density of Transition Area II from exceeding one unit per acre until at
least 75% of the area within Transition Area I meets certain developmental
thresholds.)
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."
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, 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
36
37
C
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.
This the 8' day of June, 1998.
�wti ur �_ldpci viii F, a^ - 71J- JOi -7vl,p ,.i V 70 1V •J1 f.Vlivl
.'•yj 4 _ 38
A RESOLUTION G THE T WN COUNCIL'S INTIM IN APPROVING.
CHANGE$ TO THE JOINT AGREEII�NT, AS REQUESTED ' BY THE
CARRBORO BOARD OF ALDERbMN 7- 6JR -23)
WHEREAS, the Council considered. s awmdmed to the Joint Planning Agreeamt,
proposed by the Town of Catrboto, and YOW Jva E, 1998 to approve in amendment; and
WHEREAS, the went approved by. Chapel Dill. Tow% Couaoii dMered 8rm the
version approved by the Catiboro Board of '
am
en, in that the Town Council voted to M'Movs
the following aeafta from the proposed' _
"Changes :to the foregoing conditioni n'e districts within the CDJA Transition
Ara may be approved by Ca tbo g i , kftut, Orange County's eoncut ace, but
subject to the provisions of Secti' 23 of this Agraod requiriaQ permit
adminis8tiou." And, ` ..
WHEREAS, the Joint Planing Ageeemeot x9vides that am adme%t of the agreement can be
accomplished only coACiaretx -of all tbrea gi verning bodies that are party to-the agreement;
NOW, THEREFORE, BE IT RESOLVED. ' It. the Town Council hereby authorizes the Mayor .
to send a letter to the Orange County Board; f Co:nmiasioaas, cla*inj its position regarding
removal the sentence noted'above..,Tbe . Council wishes to elaiitjr that if Orange. County
Agrees to include .this sentence, then.. the T y M: Coi=i1 has no objection. to this language being
included in the amendment, and would cons An an. agreement to hive been reached among the
three parties to the Joint Planning regarding this amendmcat..
This the 6" day of my, 1998. .
4
L1
� �k
r
,V,I
The portion of the Transition Area located north of Carrboro
has been further divided into Transition Area I and Transition
Area II designations on the Joint Planning Area Land Use Plan.
Transition Area I may be developed at densities and for uses
identified in the underlying land use plan categories described
below. within Transition Area II, however, no tract may be
approved for development at a density that exceeds one (1)
housing unit per gross acre until at least seventy -five percent
(75 %) of the gross land area of Transition Area I consists of any
combination of the following:
1. Lots containing one (1) acre or less;
2. Residential developments approved for development at a
density of at least one (1) unit per acre;
3. Streets, roads, and utility easements located outside
of lots containing one (1) acre or less;
4. Lots or tracts that are used for commercial,
industrial, institutional, or governmental purposes;
and
' 5. Tracts that are owned by the University of North
Carolina or other non - profit entities and that are not
available for development.
The un4 use plan categori -_
include: Re; 1 ate Open Space; New Hope
Creek Corrii �') 15h 115 {-� 1 ential; Urban
r Residential UNC Development; Retail
Trade; Ligh• / ✓� These categories are
described bi
Resour SsL Q-- % - within Transition Areas
of the Join* include floodplains,
wetlands alp \ C��'�}��}? w, steep slope areas (15%
or reater �-
g ) p
a arks and open space
system (see 4-Is d , g -9 J k�' the framework within
which other -z-
Public
Pub a' l he Transition Areas
include UNC ams Airport and adjacent
tracts), th, and a tract connecting
the two lan de open space in the
midst of areas planned for urban expansion.
New Hope 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
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 no�
tdevelopment ded or are projected to be provided with urban services. The
on of the Transition Area located north of Carrboro has been
er divided into Transition Area I and Transition Area II
nations on the Joint Planning Area Land Use Plan. Transition
I may be developed at densities and for uses identified in
nderlying land use plan categories described below. Within
ition Area II, however, no tract may be approved for
at a density that exceeds one (1) housing unit per
acre until at least seventy -five percent (75 %) of the gross
area of Transition Area I has developed. (See Section V for
fic details.)
Ten categories of Acted on the
Joint Planning Area Le c, �S �� -e.�j include
Resource Protection, F J Hope Creek
Corridor Open Space; : aidential,
Office- Institutional, L Trade, Light
Industrial, and Dispo. Z lescribed
below.
Resource Protection C---(57
s�
Resource Protect: w 2� 0, \ l X csy�'r%3) "�'' ,iave been
designated on the Lan( 3 " iins and
wetlands along drainac c("S -`� ) �' � areas (15% or
greater) . These area: '` ? a • �� ansive parks
and open space system �'" '� (�-w( vt S 1� � • within which
other land use catego: ave been
r4 L_ '1'
S129�
service in the watershed would be
regarding the advisability of suc
public Iavestments
ly
o�
Development of a capital imp 14-Q- �
a key implementation tool. It re,
and municipal plans with recommen
programming the fiscal outlay for
plan period. This administrative
with guidance mechanisms aimed at
the provision of public services
development they are intended to
provision of water and sewer faci] /'vs -'2-1
parks, among others, should be cor
of their development inducing impe
coordination with other Plans
ec--�
\'&V- C-Q"'P"
R V —T l°A-
s
°U
v� he
-
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.
Public Education and Awareness
of
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.
"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."
91
/G
town services) are now provided to this area or are
projected to �be rovid ed to this area. The portion of
the Transitiea ocated in the CJ shall be
further divided into Transition Area I and Transition
Area II on the Joint Planning Area Land Use Map. The
Joint Planning Area Land Use Plan shall provide that,
within Transition Area II, no tract may, after the
effective date of this Agreement, be approved for
development at a density that exceeds one 1 housing
P Y ( ) g
�1 unit per gross acre until at least 75% of the gross
land area of Transition Area I consists of any
combination of:
1. lots containing one acre or less;
2. residential developments approved for development
at a density of at least one unit per acre;
3. streets, roads and utility easements located
outside of lots containing one acre or less;.
4. lots or tracts that are used for commercial,
industrial, institutional or governmental
purposes;
5. tracts that are owned by the University of North
Carolina or other non - profit entities and that are
not available for development.
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. Transition Area II shall have density
limited pursuant to Section 1.2H.� /��(c��.e-'
C. Upon completion of the Zoning Maps referred to in
Section 2.1A and B above, Orange County shall amend its
Zoning Atlas in accordance with said Maps. Orange
County sha ' ���SL.f- the Chapel
Hill Land Ueve. _ provisions
applicable to .tion area
located within r� -rboro Land
Use Ordinance licable to
that portion c << within the
CJDA.
Section 2.2 Standards
Within the Rural Bu Ordinance
(including Zoning Atlas) and Subdivision Regulations that
are in effect on the effective date of this Agreement shall
remain in effect unless amended in accordance with Section
2.6 of this Agreement.
Section 2.3 Permit Administration Within the Transition Area
A. Except as otherwise provided in Sections 2.5 and 2.6,
the Town of Chapel Hill and the Town of Carrboro,
respectively, shall perform all functions related to
the administration of the ordinances referenced in
8
r
r
r
r
r
r
r
r
(inclu
reques
petiti(
by the
referre
E. With r
F.
C H 3 D A
classic
ordinar
l�t'y t5I_•tD,� -i.o _.-� -
unty following 'a
51e town)
. Anv
)rdinances
received
c—t- 6u !
County
shall be
►vo-� Z S `-6 ,tCX
ocated within the
i g e s in
zoning
less and
until an
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 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.
Recuests for rezonings within the Transition areas that
are filed with the County shall be referred to the
respective towns to initiate the amendment process.
Proposed amendments to the text of this Agreement shall
not become effective until approved by the towns and an
Orange County ordinance adopting the amendment is
adopted by Orange County.
M
Section 2.7 Representation of Transition Area Residents
dv : 1 1 ^ 1 - 1 1 M _ __ _ "With respect to property that is located within the
CJDA Transition area, changes in zoning classifications, other than changes to the "floating"
1i k 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
Dermit adminiCtrstirm ��
'r V -ag d`,ED� 1:00 P14 nV RAN'ErOTIfiYFL. ",r1r -1Ir -IJ Fx,�, rza. si:9644300� F.
TO:
FROM:
SUBJ:
DATE:
ORANGE COUNTY PLANNING DEPARTMENT
30OF REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
•
v s
MEMORANDUM
John Link, County Manager
Gene Bell, Interim Planning Director
Events Related to Development of the Facilitated Small Area
Plan for the Carrboro Northern Study Area
November 11, 1998
In response to your request (resulting :&om questions at the November 4 BOCC meeting)
for a chronology of events related to development of the Facilitated Small Area Plan
(SAP) for the Canboro Northern Transition Study Area (NSA), amendments to the Joint
Planning (JP) Agreement, and development moratoria in the area, I submit the following:
1. November 2, 1987 - Carrboro becomes party to JP Agreement with ChW1 Hill and
Orange County.
2. June 30, 19911 - Joint Planning Public Hearing to define boundaries of Carrboro
Transition Areas I and 11 and to present municipal zoning plans for Carrboro and
Chapel Hill transition areas.
3. November 14, 1988 - Administration of Transition Areas transferred to towns.
4. February 1992 - Small Area Planning process for NSA initiated.
S. September 12,1995 - "Draft" SAP for NSA completed.
6. November 9, 1995 - Carrboro open house on SAP at Homestead Community Center.
7. February 6,19% - Carrboro public hearing on moratorium in NSA and draft SAP.
8. February 12,1996 - BOCC objects to moratorium and recommends facilitated
meetings) be conducted with NSA residents, small area planning group, BOCC, and
Board of Aldermen concerning the draft SAP.
9. February 18, 1997 - Orange County agrees to share cost of facilitated meetings.
10. April 19, 1997 - First facilitated meeting ( "Education Session') held at McDougle
Middle School on a Saturday.
11. May 31, 1997 - Second facilitated meeting (with Randall Arendt) held McDougle
Middle School on a Saturday to develop "modified plan"
JITI "` �I -9 '` D 1:01 PM GRANGEICITNT`17LAIIIIIIIG
FA;, Nul 9196443002 F. 3
12. August 19,1997 - Board of Aldermen accept "modified plan" resulting from
facilitated meetings in April and May.
13. September 16,1997 - Board of Aldermen establish an Ordinance Drafting
Committee to draft changes to Canboro land use ordinances necessary to implement
recommendations of the "modified plan."
14. November 3,1997 - BOCC "does not object" to Carrboro request for six month
moratorium in NSA while implementing ordinances being developed.
15. November 11,1997 - Board of Aldermen adopt six month moratorium in NSA on
projects with five or more units or lots.
16. April 8,1998 - Joint Planning Public Hearing on Facilitated SAP, amendments to the
JP Agreement to implement plan, and amendments to JP Agreement for establishing
moratoria.
17. May 61,1998 - BOCC "does not object" to Carrboro request to extend moratorium to
September 30, 1998 while implementing ordinances being completed.
18. May 26, 1998 - Board of Aldermen approve Facilitated SAP and amendments to the
JP Agreement to implement plan and establish moratoria.
19. June 8,1998 - Chapel Hill Town Council approves Facilitated SAP and amendments
to the JP Agreement to implement plan (with Zxception of language limiting approval
of conditional use floating zones solely to Carrboro) and establish moratoria.
20. July 6,1998 - Chapel Hill adopts amended resolution (consistent with Carrboro's) on
amendments to the JP Agreement to implement plan (approval of conditional use
floating zones left to Carrboro).
21. July 15, 1998 - Orange County Planning Board recommends approval to 7P
Agreement amendment for establishing moratoria. Board considers facilitated SAP
for NSA and amendments to JP Agreement. Recommendation to BOCC withheld
because of concerns related to implementation (board expressed desire to see
implementing ordinances prior to endorsement of plan) and concerns of BOCC being
left out of decision-making process on conditional use floating zones, i.e., citizens
having no vote on elected officials making land use decisions affecting them.
22. August 19,1998 - Request by Carrboro Town Manager (at a meeting of county/
municipal managers and planning directors, OWASA staff, and UNC officials) that
the County withhold a decision on the SAP until the Ordinance Drafting Committee
completes its work.
23. September 30,1998 - BOCC approves amendment to JP Agreement to allow for
establishment of development moratoria.
24. October 6,1998 - BOCC approves Carrboro request for extension of moratorium
through December 31, 1998 while implementing ordinances being completed.
25. November 5,1998 - Carrboro draft ordinances for implementing facilitated SAP
delivered to Orange County Planning.
26. November 11,1998 - Special Orange County Planning Board meeting to review draft
ordinances and consider recommendation to BOCC on facilitated SAP and
amendments to JP Agreement for implementation of the plan.
27. December 15,1998 - BOCC consideration of Planning Board recommendation and
decision on facilitated SAP and amendments to JP Agreement for implementation of
the plan.
/a - '?P
PWie
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.