HomeMy WebLinkAboutAgenda - 05-06-1998 -9gi~
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 6,1998
Action Agenda
Item #~
SUBJECT:
EXTENSION OF DEVELOPMENT MORATORIUM FOR CARRBORO NORTHERN
STUDY AREA
DEPARTMENT: PLANNING PUBLIC HEARING: Yes _x_No
BUDGET AMENDMENT REQUIRED: Yes _x_No
ATTACHMENT(S):
- Carrboro Ordinance Proposing Extension of Moratorium
- Carrboro Ordinance Establishing Current Moratorium
INFORMATION CONTACT: Gene Bell
Extension 2589
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To consider extension of the current moratorium on the processing of special use and
conditional use permit applications by the Town of Carrboro in the Northern Study Area.
BACKGROUND: In October, 1997, Carrboro proposed a six month moratorium on processing special use
and conditional use permit applications in the Northern Study Area pending completion
of land use ordinance amendments related to the "Facilitated Small Area Plan." Orange
County did not object to Carrboro establishing asix-month moratorium which went into
effect on November 11, 1997; the moratorium will expire on May 11, 1998.
The "Facilitated Small Area Plan" and amendments to the Joint Planning Agreement
(one of which would establish procedures for future development moratoria) were
presented at a Joint Planning Public Hearing on April 8, 1998. June 22, 1998 is the
earliest date that Orange County, Chapel Hill, and Carrboro are likely to make a final
decision on the plan and agreement amendments. Also, it now appears that ordinance
amendments necessary to fully implement the small area plan will not be ready for
adoption until August or September, 1998. It is for these reasons that Carrboro is
proposing aone-time extension of the moratorium until September 30, 1998. An
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ordinance extending the moratorium is to be considered at a Town public hearing
scheduled for May 12, 1998; a copy of the ordinance is included as an attachment.
County opposition to extending the moratorium requires that a Notice of Objection be
filed with the Town of Carrboro prior to its May 12, 1998 public hearing. If the Board is
not opposed to the extension, then no further action is required.
RECOMMENDATION: As the Board decides.
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AN ORDINANCE EXTENDING UNTIL SEPTEMBER 30, 1998 THE MORATORIUM ON
THE PROCESSING OF SPECIAL AND CONDITIONAL USE PERMIT APPLICATIONS
FOR DEVELOFMENTS ON PROPERTIES WITHIN THE NORTHERN STUDY AREA
WHEREAS, on November ll, 1997 the Carrboro Board of Aldermen adopted "An
Ordinance Establishing A Moratorium On The Processing Of Special And Conditional Use
Permit Applications For Developments On Properties Within The Northern Study Area," a copy
of which is attached hereto; and
WHEREAS, the moratorium established by the above referenced ordinance expires on
May t 1, 1998 (six months after its adoption); and
WHEREAS, it appears that June 22, 1998 is the earliest date that Orange County, Chapel
Hill, and Carrboro can alt make a final decision on whether to amend the Joint Planning Area
Land Use Plan by incorporating by reference the 'modified plan" approved in the facilitated
planning wnference as described in the attached ordinance, and whether to make corresponding
amendments to the Joint Planning Ageement; and
WHEREAS, the ordinance amendments that will be necessary to implement the
`Ynodified plan" cannot be adopted until the Joint Planning Agreement and Joint Planning Area --
Land Use Plan are amended as described above; and
WHEREAS, it now appears that the ordinance amendments necessary to fatly implement
the "modified pion" will not be ready for adoption until August or September, 1998; and
WHEREAS, a one time extension of the moratorium appears warranted under the
foregoing circumstances;
NOW THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF
CARRBORO ORDAINS:
Section 1. The moratorium on the processing of applications for special use permits
and conditional use permits for developments within the Northam Study Area, as established by
the above reference ordinance adopted on November l 1, 1997, is extended until September 30,
1998.
Section 2. All provisions of any town ordinance in conflict with this ordinance arc
repealed.
Section 3. This ordinance shall become effective upon adoption unless Orange
County files an objection pursuant to Section 2.6 of the joint Planning Agreement. If the County
objects, then this ordinance shall not become effective unless and until the County adopts this
ordinance as provided in Section 2.6c of the Joint Planting Agreement.
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"I"lrc Iullowinb ordinance was introduced by Alderman Alex Zaffron and duly seconded
vy Alderman Jacquelyn Gist.
AN ORDINANCE ESTABLISHING A MORATORIUM ON
TIIE PROCESSING OF SPECIAL AND CONDITIONAL USE PERMIT
APPLICATIONS FOR DL- VELOPI~IENTS ON PROPERTIES
WITHIN TI-IE NORTHERN STUDY AREA
Ordinance No. 9/97-98
WHEREAS, in 1992 the Carrboro Board of Aldermen appointed a 31-member
Small Area Planning Work Group to develop a plan for the development of the Northern
Study Area as sho•,vn on the map attached hereto and incorporated herein; and
WHEREA;i, in February of 1996 the Small Area Planning Work Group
recommended to tl~e Board of Aldermen a plan developed by the Work Group for the
Study Area; and
WHEREA:i, as a result of concerns expressed about the proposed plan by
residents of the Study Area, the Board referred the proposed plan to a two-day facilitated "
planning conference sponsored by Carrboro, Chapel Hill and Orange County and
attended by approximately 150 residents of the area, planners, and public officials; and
WHEREAS, following meetings on April 19 and May 31, 1997, the facilitated
planning conference reached consensus on a plan for the Northern Study Area (the
"modified plan"); a.nd
WHEREAS, on August 19, 1997 the.Board of Aldermen unanimously accepted
the modified plan and on September 16, 1997 established and appointed the members of
an ordinance drafting committee to draft changes in the Carrboro Land Use Ordinance
that are necessary too implement the recommendations of the modified plan; and
WHEREAS, the Board of Aldermen recognizes that, whenever major revisions to
the land use ordinance are contemplated, uncertainty may be created as to the effect 6f
ordinance amendments on development applications that are pending if and when such
amendments are adopted; and
WHEREAS, the Board desires to avoid such uncertainty, to avoid the potential of
public and private resources being wasted if ordinance amendments render obsolete
development applications that do not comply with such ordinance amendments, and to
preserve the status yuo in terms of the development of major tracts within the Study Area,
pending the drafting; of ordinance amendments that are necessary to implement the
recommendations ofthe modified plan.
NOW, THE1tEFORE, THE BOARD OF ALDERMEN OF THE TOWN OF
CARR.BORO ORDAINS:
Section L From and aRer the effective date of this ordinance for a period of six
months, the Carboro Planning Department shall not process applications for special use
permits or conditional use permits for developments within the Northern Study Area, as
shown on the map attached hereto and incorporated herein, unless such applications have
been accepted and the fees associated with such applications have been paid prior to the
effective date of this ordinance-
Section 2. For purposes of Section 1 of this ordinance, a development application
shall be accepted if the applicant has submitted substantially all of the information
required under Appendix A of the Land Use Ordinance as determined by the Zoning
Administrator.
Section 3. For purposes of Section 1 of this ordinance, the required fees are those
established for the applicable permit application by the Miscellaneous Fees and Charges
Schedule. Such foes shall be paid by the applicant and accepted by the town only after
the application has been accepted in accordance with Section 2 of this ordinance.
Section 4. All provisions of any town ordinance in conflict with this ordinance
are repealed.
Sectioa 5. This ordinance shall become effective upon adoption.
The foregoing ordinance, having bcen submitted to a vote, received the following vote
and was duly adopted this I I'" day of November, 1997:
Ayes: Michael Nelson, Diana McDuffce, Jacquelyn Gist, Alex Zaf&on
Nces: Frances Shetley, Hilliard Caldwell
Absent or Exased: Hank Anderson