HomeMy WebLinkAboutORD-1999-003 Proposed Amendments to the Carrboro Land Use Ordinance 05041999 oR m- 1 C) q -c7o 3
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ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. '7-a
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 4, 1999
SUBJECT: PROPOSED AMENDMENTS TO THE CARRBORO LAND USE ORDINANCE
RELATED TO IMPLEMENTATION OF THE FACILITATED SMALL AREA PLAN
DEPARTMENT: PLANNING PUBLIC HEARING: (Y/N)
ATTACHMENT(S): INFORMATION CONTACT:
See Attachment Outline Page 1A Craig Benedict or Gene Bell
TELEPHONE NUMBERS: -- eat. 2592/2589
Hillsborough 732-8181
Chapel.Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: Additional consideration of and decision on proposed amendments to the Carrboro
Land Use Ordinance related to implementation of the Facilitated Small Area Plan for the Northern
Study Area.
BACKGROUND: On March 30, 1999, a joint work session was held with the Carrboro Board of
Aldermen to consider proposed amendments to the Carrboro Land Use Ordinance related to
implementation of the Facilitated Small Area Plan for the Northern Study Area. The joint staffs
were directed to confer on items needing additional clarification and report back. The joint planning
staffs met on April 13 to discuss the three primary and three secondary issues on the attached
outline of major issues.
At the County Commissioners' meeting on April 20, there was extensive discussion on the primary
issues. It was determined that more information and clarification on certain issues (items I.A and
I.B. in particular)was needed before a decision could be rendered. The Carrboro planning staff has
responded with the attached April 28 memorandum. A subcommittee was formed to review the
issues and make recommendations.
FINANCIAL IMPACT: None.
RECOM[ ENDATON(S): The Administration recommends approval of the proposed ordinance
revisions consistent with the attached subcommittee and administration comments noted within the
new materials.
E:BOCCBCABS54.DOc
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 4, 1999
SUBJECT: PROPOSED AMENDMENTS TO THE CARRBORO LAND USE
ORDINANCE RELATED TO IMPLEMENTATION OF THE FACILITATED
SMALL AREA PLAN
ATTACHMENT OUTLINE
NEW MATERIAL PAGE
1. Overview by Orange County Planning Staff Regarding 2-3
Root Relationship of Carrboro Land Use Ordinance to
Existing Ordinances
2. Subcommittee Report and Recommendations 4-9
3. Carrboro Planning Staff April 23, 1999 Response Memo, 10-11
Revised April 28, 1999,to April 20 Board of Commissioners
Meeting
PREVIOUS MATERIAL
4. Excerpts from Carrboro Land Use Ordinance 12-17
Regarding Major Issues
5. Carrboro Planning Staff April 13, 1999 Response Report 18-22
To Orange County Planning Report of March 20, 1999
6. Orange County Planning Staff March 20, 1999 Report 23-29
Regarding A)Northern Study Area Plan—Ordinance Consistency
B)Northern Study Area Plan—Recommendations
Not Reflected in Ordinance
7. Carrboro Planning Staff March 16, 1999 Report 30-33
Report Regarding Northern Study Area Implementation Ordinance
8. County-61torney March 30, 1999 Letter 34-36
Regarding Conditional Use as Master Planning
9. Proposed Northern Study Area Land Use Ordinance in its entirety
(Page numbers within the document 1-35)
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10. a. Map of NSA—Developed and Undeveloped Areas
b. Map of Carrboro—OA and Commercial Districts
A v-22-99 03:218 Town of Carrboro 919 968 7737
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Carrboro Northern Study Area
Outline of Midor haves
1. Primary Issues
A. County Involvement in ft Dc"lopment Review Process(sex
' atmached IatW f am County Attarwy)
1. Ca itianal the Fco M(Seed=IS-141.*)W2X4)
2. Ms WPlandkg Process(SAcdon 13-1.41.2WUX2X3X3X6)
B. Office/Assembly(01A)Disttiict(n iamm sin)(Sectim 13-36(11))
C. Vdhtp Mixed Use(VMU)Distxnts
1. Density.
2, Loeadon
U. Secondwy Issues
A. Greenway C*wecdvity---Tkmgh Rural Buffer into County
Plant
B. 'Trausportatiou Plan—To Support Villages
C. Perk Master Plan w Dedication Requirements
M. Future Issues
A. Transfer ofDe"lopment Rigbts (IDR)
2
OVERVIEW BY ORANGE COUNTY STAFF OF
CARRBORO NORTHERN STUDY AREA
LAND USE ORDINANCE
Purpose: This overview analyzes the Root Relationship between the New Northern
Study Area Land Use Ordinance and Existing Town of Carrboro Ordinances for the
primary issues.
Abstract: The proposed ordinance is being inserted into Carrboro's overall land use
ordinance. For clarity of understanding and implementation, Orange County Planning
Staff has asked that cross-references to existing regulation text be deleted as much as
possible in favor of being able to review a new regulation in its entirety within a specific
section. In some cases,which are explained below,the new regulation is unique to the
Northern Study Area and therefore do not have cross-references to existing regulations.
The summary of the primary issues of;
A. County Involvement in Development Review Process(i.e.Conditional Use vs
Master Plan Process)
B. Office Assembly/Conditional Use (OA/CU)District(Minimum Size and Total
Amount)
C. Village Mixed Use(VML1)District(Location,Density and Phasing)
and the relationship to their origin and relationship to existing land use ordinances follow.
Bolded areas are recommendations.
A) Master Plan/Rezoning Approach is unique to the existing Carrboro Land Use Code.
The approach seeks to create a general plan of development with enough specificity
to gauge the important impacts and calculate the intended outcome. The County may
ask for whatever level of information it deems necessary to make its rezoning
decision. The conditional use approach is often overly specific and rigid during its
initial rezoning submittal period which may lead to frequent requests.for modification
as the plan is finalized. In order to control major deviation from the master plan,
the county recommends the actual conditional use permit closely follow the
delineated important aspects of the master plan approval(i.e.traffic,
conservation lands, roadway buffers,density provisions,housing type, etc.).
B) Office Assembly/Conditional Use(OA/CU) districts have their origin within the
existing coU. The proposed OA/CU is dissimilar to the existing OA district because
architectural controls and maximum amount of 25 acres are implemented. In
addition,the cross-reference to an OA district to the minimum amount of acres
for an OA/CU project should be deleted and with a concurrent recommendation
to create a 4 acre minimum. This guideline creates a total amount of potential sites
to six,which is reasonable within a 3365-acre NSA area.
Page 1 of 2
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OVERVIEW(continued)
C) Village Mixed Use(VMU)districts are also a unique concept to the Northern Study
Area and do not have any direct linkage to the existing regulations. The intent was to
create three mini-town centers in the rural area that could provide a mix of housing
types and include commercial service and work environments while providing
enhanced open space. This concept creates internal pedestrian and vehicle traffic to
decrease the external traffic along rural roads to the major town center of Carrboro.
Carrboro will still provide the subregional services of the town, country and VMU
districts. VMU's also offer a favorable alternative to multiple,regimented, small
subdivisions that often, if not well planned, create a rural raadscape with many road
capacity limiting driveways and loss of roadside,native landscape buffers.
Page 2 of 2
4
SUBCOMMITTEE REPORT AND
RECOMMENDATIONS
Carrboro Northern Study Area
Land Use Ordinance
Based on discussion from the April 20, 1999 Board of Commissioners meeting
regarding the above referenced implementation ordinance,the Board Chair,Alice
Gordon suggested a subcommittee be formed to address the remaining primary
issues:
A. County Involvement in Development Review Process (i.e.
Conditional Use vs.Master Plan Process)
B. Office Assembly/Conditional Use (OA/CU)District(Minimum
Size and Total Amount)
C. Village Mixed Use(VMU)District(Location,Density and
Phasing)
The subcommittee included Commissioner Margaret Brown, Commissioner Barry
Jacobs, County Attorney Geoff Gledhill, and County Planning Director Craig
Benedict. Primary discussions were held on Tuesday,April 27, 1999.
The findings and recommendations which track the primary issues A, B, and C,
are as follows with recommendations noted in bold:
A. County Involvement in Development Review Process
1. The two methods for approval of a VMU district(master
plan/rezoning and conditional use/rezoning) are
acceptable. However,two additions,items a and b below
are recommended.
a) In both methods,the applicant for VMU district
should meet with Carrboro and Orange County
Planning staff rip for to the formal submittal of the
Rezoning application to informally discuss the
preliminary rezoning development plan.
b) Delete language in Section 4 of the proposed
implementation ordinance(noted on pages 8 and 9 of
the 35 page document attached to the end of this agenda
item)and being part of Section 15-141.2(g)(5)a as
shown in following excerpt.
\\CARR\SYS\PLANNING\CRAIG\CARSTUDY.DOC
.5
(Excerpt)
(5) If a VMU rezoning application is
approved with a master plan(rather
than a conditional use permit),
approval of the master plan under
this section does not obviate the
need to obtain a conditional use
permit for the village mixed use
development in accordance with the
provisions of Section 15-176.1 of
this chapter.
a. In addition to other grounds for
denial of a conditional use permit
application under this chapter,a
conditional use permit for a village
mixed use development may be
denied on the basis that the
application is inconsistent with the
approved master plan. u,.-•.eve- if
the eendifienal use permit is
eeafefmity with the eendifienal use
peffilk
REPLACE WITH
Any action of the applicant that
would constitute a modification
(significant impact)to the special use
permit also becomes a reconsideration
of the rezoning for the specific
roe . And
Any variance in the Conditional Use
permit from the master plan
approved shall be treated as a zoning
reconsideration.
A question arose regarding what constitutes a modification,
so the Orange County Planning Staff reviewed the attached
Carrboro Existing Ordinance Sections 15-63, and 15-64.
These sections note Conditional Use permits and
Amendment to and Modification Criteria(pages 8 & 9
of agenda.)
\\CARR\SYS\PLANNING\CRAIG\CARSTUDY.DOC
6
The subcommittee recommends that`discernible
impact' should be further quantified to note no increase
in traffic or units or decrease in open space.
B. Office Assembly/Conditional Use; OA/CU(minimum size and
total amount).
1. The ordinance section regarding the 25 acres as the
maximum number of OA/CU acres in the City and NSA is
acceptable. Additional OA(the district that now exists
within the Carrboro planning area) acres could only be
added to the NSA by a rezoning approval by the County.
2. A modification by addition of language to create a four
(4) acre minimum to an OA/CU district is
recommended. This new regulation will limit the
maximum number of separate districts to six. Therefore,
OA/CU districts could range in size fr om 4 to 25 acres with
the total amount fixed at 25 acres. A large map of the NSA
and town(available on poster board at the meeting)
indicates the potential size and placement of three 8.3-acre
districts.
3. Add language that during the first OA/CU project,no
other approvals for OA/CU can be made until an
evaluation of the first project is completed. This
evaluation only occurs after the first project unless the
Board of County Commissioners, at a later date,wishes to
suggest an ordinance amendment proposing a different
evaluation process.
C. Village Mixed Use(VMU)(Location,Density, and Phasing)
The subcommittee reviewed the residential density ratios
noted in the Carrboro Planning Staff memo of April 26.
The subcommittee noted the need to see a further
breakdown of information.
1. The determination of what density was being created by
VMU districts in the NSA is noted in the recent memo
from Carrboro dated April 28. In this case the planning
staff sought to decipher NSA density projections and
compare to the NSA plan which was adopted last year. The
NSA projected a gross target density of 2.1 dwelling units
per acre which is an estimate of existing Carrboro. As
\\CARR\SYSTLANNING\CRAIG\CARSTUDY.DOC
7
noted in the Carrboro memo, existing Carrboro
development includes 63%multi-family which is
incorporated in the existing density figure. This factor can
inflate existing density figures but the information was
considered in the NSA Plan analysis.
After review by administration a determination of
consistency is found between the plan's target density of
2.1 dwelling units per acre and the projected 1.7
dwelling units per acre developed by the
implementation ordinance.
As an additional constraint the committee recommends
that VMU districts be restricted to a specific buildable
acreage where the residential density can be located.
This preserves open space and does not allow density to
be spread over originally planned preserved areas.
\\CARR\SYS\PLANNING\CRAIG\CARSTUDY.DOC
EXCERPT FROM EXISTING CARRBORO LAND USE ORDINANCE REGARDING CONDITIONAL
PERMITS AND MODIFICATIONS THERETO USE $
Art.IV PEtt aAND FINAL PLAT APARMAL
having the permit executed by the proms ty owner so it can be recorded if
required under G.S. 1346(c).
twithstanding any of the provisions of Article VIII (Nonconfanning Situations),
ifluon s 211 h pptic eble to permits issued prior to the date this section becomes effective.
Zoning, serial use, conditional use and sign permits authorize the peanittee tc,
use of the land and structures in a particular way.'Such permits are transferable. However,so
long as the land or structures or any portion thereof covered under a permit continues to be used for
the purposes for which the permit was granted,their:
(1) No person(including succeoors or assigns of the person who obtained the
permit) may make use of the land or strictures covered under such permit
for the purposes authorized in the permit except in accordance with all the
term and requirements of that permit;and
(2) The terms and requirements of the permit-apply to and restrict the use of
land or structures covered under the permit, not only with respect to all
persons having any interest in the properly at the time the permit was
obtained, but also with respect to persons who subsequently obtain,any
interest in all or part of the covered property end wish to use it-for•or in
connection with .purposes other than those for which the permit was
originally issued,so long as the persons who subsequently obtain an interest
in the property had actual or record notice(as provided in subsection(b))of
ft existence of the permit at the time they acquired their interest.
(b) Whenever a zoning, special use or conditional use permit is issued to authorize
development (other than single-family residences or duplexes) on a tract of land in excess of one
aae, n authorized by the permit may be done until the record owner of the property signs a
written edgrnent that the permit has been issued so that the permit may be recorded in the
1�aoge..c istry and indexed under the record owner's rase as grantor. .
520RIA 1&64 Amen ents to and Modifications of Pctwits
a " et to subsection ;e), insignificant deviations from the permit (including
approved plants) is tW by the • n, the board of adjustim cot,or the administrator are
permissible Zi - 7h=no '" strator may au ° such insignifi�t deviations. A deviation is
insignifican discernible impact on 'ghboring properties;the general public,or those
intended-to se the proposed.devel pment.(AMENDED&2641;6,=W)
Page 13
9
Art.IV PERMITS AND FINAL PLAT APPROVAL
(b) , Subject to subsection (e), minor design modificatiom or change% in permits
(including approved plans)are permissible ith the approval of the permit-issuing authority. Unless
it is requested by the parrnit•issuing ,authority, no public hearing shall be required for such minor
modification. For purposes of this section, minor design modifications or changes ace those that
have no substantial impact on neighboring properties, the general.public, or slum intended to
occupy or use the proposed development.(AMENDED 6/22/82;06/06189)
(c) Subject to subsection (e), all other requests for changes in approved plans will be
processed as'new applications. if such requests are required to be acted upon by the board of
aldermen or board of adjustment, new conditions may be imposed in accordance with Section
15-59, but the applicant retains the right to reject such additional conditions by withdrawing his
request for an amendment and may then prod in accordance with the previously issued permit.
(AMENDED 6/22/82)
(d) - The administrator shall determine whether amendments to and modifications of
permits fall within the categories set forth above in subsections (a), (b), and (c). (AMENDED
5126/81)
(e) Notwithstanding the foregoing provisions of this section,whenever the board issues
a conditional use permit for a planned industrial development (use classification 30.000), the
administrator may-authorize changes in the approved plans for such development that do not
substantially alicr the character or pattern of development approved by the board, so long as the
revised plans continue to comply with the provisions of this chapter and any conditions imposed by
the board in issuing, the permit in granting a permit for a planned industrial development, the
board may identify more specifically those elements of the plans concc ming which changes may be
approved by the administrator under this subsection.(AMENDED 6122/82)
(1) An applicant requesting a change in approved plans shall point out to the
administrator, specifically and in writing, what deviation or changes are requested. The
administrator shall respond in writing. No changes shall be authorized except in conformity with
this section.(AMENDED 1!22185) ...
Mien 1L5econsidSmflongU rrt Ate,
Whenever(i)the board of aldermen disapproves a conditional use permit application,or(ii)
the board of adjustment disapproves an application for a special use permit or a variance, on any
basis other than-the failure of the applicant to submit a complete application, such action may not
be reconsidered"by the respective board at a later time unless the applicant clearly demonstrates
that:
(1) Circumstances affecting the property that is the subject of the application
have substantially changed;or ! �-
Pajr 14
Apr-29-99 12: 16P Town of Carrboro ' 919 968 7737 10
TOWN OF CARRBORO
NORTH CAROLINA
�a rwsn�`J
MEMORANDUM
To: Craig Benedict,Orange County Planning Director
From: Patricia J.McGuire, Land Use
Date: April 2R, 1999
Subject: NSA Draft Ordinance-Supporting Information
Inf ration on the three primary.issues reviewed last Tuesday night by the Board of County
Commissioners is presented in follow-up to cna discussions and correspondence of this.matter
since than. This. memorandum includes the additional information on development in the
Northern Study Area that 1 was able to gather. per your request of yesterday afternoon. Please
advise if any additional information h needed for the Commissioners' further review of the NSA
Ordinance and, if necessary,how our exchange of clean copies can be scheduled.
A County Involvement in the Development Review Process
1. The Joint Planning Agreement establishes a joint rezoning process for standard and
conditional use rezonings in Omboro's Transition Areas;
2, Ile Joint Plarming Agremnent establishes a courtesy review procedure by Orange County for
all developments within Carfboro's Transition Areas that require conditional use permit
approval by the Carrboro Board of Aldermen;
3. The NSA Ordinances proposes two methods for approval of Village Mixed Use (VMU)
developments, a combined master plan/rezoning approach, and a combined conditional.use
permit/rezoning approach. Both methods would follow the joint rezoning procedures
specified in the Joint Planning Agreement, with information requirements and approval
processes described in the Carrboro Land Use Ordinance and draft NSA Ordinance.
B. ' Offi Assembiv Conditional Use District(0/A CU)
1. The 01A CU is based on the O/A zoning district used in the city limits and BTJ,but subject to
additional architectural requirements. See table below for comparison.
Zoning Possible locations County Role Minimum Maximum
District Size Size
O/A City I imi%LTJ None 5 No limit
outside of Northam contiguous
Study Area acres
O/A CU City limits,F.TJ, Joint approval rcquired for 5 25 acres
NSA any rezoning to O/A CU in contiguous
Transition Areas acres
Planning Department•PlaMing Division
301 West Main Street,Caftm,NC 27610.(819)98B•7714•FAX(919)968-7737.MD(919)968-7717
AN EQUAL OPPORTUNITY EMPLOYER
Apr-29-99 12: 16P Town of Carrboro 919 968 7737 s
11
Memo Re:NSA Ordinance-SuppicMental lnfunnation Page 2
0429/99
Village Mixed Use(VMU1 District: Den lty
a) The NSA Plan establishes an overall target density for area of 2.1 dwelling units per acre.'
This density is consistent with that currently found in Carrboro. The residential units in
Carrboro total approximately 7,400, 63 percent of which are multi-family, including
duplexes, condominiums, townhouses, and apartments.
b) The NSA Plan establishes a target density far mixed-use areas of 5 dwelling units per acre.
c) Village base density is equivalent to R-10 zone. R-10 is a residential zone with a standard
miminwm.lot size and density allocation per dwelling unit of 10,000 square feet.
d) Density calculations under existing conditions and the provisions of the NSA plan and draft
ordinance are presented in the table below. A note regarding these calculations is as follows:
1) The information presented includes all existing development and the full development
of all other parcels of five acres or greater in size within the NSA, which is made up of
areas within the city limits and ETJ and the Transition Areas,
Landl M42ptnent Characteristics Land Area* th ks* 3•—
1. Northern Study Area(NSA) 3365 1531 .45
2. NSA without city limits 2646 503 .2
1 City limits portion of NSA 719 1028 l.a � -
4. Existin&zoning 3365 4561 1.3
5. Existing zoning, net density, no 4136 1.2
VMU _
6. Existing zoning, net density, 350 4697 1.4
acres of VMU(no bonus un!p)
7. Existing zoning, net density, 350 5695 IT
arm of VMU (includes
.approximately 998 bonus units, "
425 of which are "affordable")
* Figures estimated from 1998 analysis of developed and undeveloped parcels in NSA.
C 121. Village Mixed Use(VMU1 District: Location
a) Conditional use districts are "floating"-no specific locations are targeted;
b) Specified charachwisdcs associated with design, and density to support additional design will
make some sites more suitable than others;
e) 50-200 acre size range and 350-acre cap on VMU districts will affect ration;
d) VMU developments may not generate traffic that will endanger the public health and safety;
e) VMU developments must be able to be served by OWASA water and sewer services;
f) VMU developments with commercial components must be located 200 feet from an arterial
road and at least one--half mile from the nearest edge of another commercial center.
g) "Connector Roads Policy"adopted by the Board of Alderman identifies major road corridors.
VMU locations and road networks will need to comply with that policy and with road
connectivity requirements included in the l.attd Use Ordinance.
Xc: Carrboro Mayor and Board of Aldermen, Robert Morgan, Roy Williford
301 West Main SOW,Carrboro,NC 27510•(019)986-7714.FAX(919)968-7737•TM(919)W&7717
AN EQUAL OPPORTUNITY EMPLOYER
EXCERPTS OF MAJOR ISSUES 12
1 areas shall be designated as open space.
2
3 (d) Subsection 15-198(8)is amended to read as follows:
4
5 (g) A developer shall not be required to set aside as open space under the
6 provisions of subsections (d) and (e) more than the minimum required
7 pereIentage of open space set forth in subsection(c). If the sum total of open
8 space otherwise required under the provisions of subsections (d) and (e)
9 exceeds forty percent of the development tract (twenty percent in the R-2
10 district), then the permit issuing authority shall allow the developer to set
11 aside a smaller area of open space under subsections (d) and(e),individually
12 or collectively,so that the developer is not required to preserve as open space
13 more than forty percent of the development tract (twenty percent in the R-2
14 district). However, if areas that constitute primary conservation areas have
15 not been set aside as open space,then the development plans shall otherwise
16 provide for the preservation of such areas even though they may be located.
17 within privately owned lots (e.g. by specifying buildable areas within
18 individual lots). Notwithstanding the foregoing,hardwood areas identified on
19 the Cwboro Natural Constraints Map that are not set aside as common open
20 space shall be preserved except to the extent that removal of such hardwood
21 - trees is necessary to accommodate the permitted uses created out of land.not
22 set aside as common open space.
23
24 (e) Subsection 15-198(h)is amended to read:
25
26 (h)' If the area of open space required to be preserved under subsections (d) and
27 (e)does not exceed forty percent(40%)of the area of the development tract(20%in the R-2
.
28 district), then the permit issuing authority may require that the developer set aside from
29 among the areas that constitute secondary conservation areas as defined above an amount of
30 open space equal to the difference between the amount of open space preserved under
31 subsections (d) and (e) and forty percent (40%) of the development tract(20% in the R-2
32 district). ,
33
34 (fl Subsection 15-198(bx3)is amended by adding a new subsection"c"to read as follows:
35
36 (e) Areas used for the growing of crops,such as hay,com,or vegetables,if and to
37 the extent that such uses occur within an area that is subject to the control of a homeowners
38 association and such uses are approved by the homeowners association.
39 ..,
40 SKMON 4.-Article IX,Part I,is amended by adding a new Section 15-1412-to read as follows:
Alt
�.
* Section 15-141.2 Village lxed Use Distrito Established
43
44 (a) There is hereby established a Village Mixed Use (VMU) district. This district is established
45 to provide for the development of rural new villages at a scale intended to continue Canbords small flown
46 character as described in its Year 2000 Task Force Report and to promote a traditional concept of villages. .
�aee t rrF'�s
13
1 The applicant for rezoning to this district must demonstrate that its planning, design and development will
2 achieve,but not necessarily be limited to,all of the following specffic objectives:
3
4 1. The preservation of open space, seenic vistas,agricultural lands and natural resources
5 within the Town of Carrboro and its planning jurisdiction and to minimize the .
6 potential for conflict between such areas and other land uses;
7
8 .2. The creation of a distinct physical settlement surrounded by a protected landscape of
9 generally open land used for agricultural, forest, recreational and environmental
10 protection purposes.
11
12 3. Dwellings, shops, and workplaces generally located in close proximity to each other,
13 the scale of which accommodates and promotes pedestrian travel for trips within the
14 village:
15
16 4. Modestly sized buildings fronting on, and aligned with, streets in a disciplined
17 manner.
18
19 5. A generally rectilinear pattern of streets, alleys and blocks reflecting the street
20 network in existing small villages which provides for a balanced mix of pedestrians
21 and automobiles.
22
23 6. Squares greens, landscaped streets and parks woven into street and block patterns to
24 provide space for social activity,parks and visual enjoyment.
25
26 7. . Provision of buildings for civic assembly or for other common purposes that act as
27 visual landmarks and symbols of identity within the community.
28
29 8. A recognizable,functionally diverse,but visually unified village focused on a village
30 green or square.
31
32 9. Development of a size and scale, which accommodates and promotes pedestrian.
33 travel rather than motor vehicle trips within the village.
34
35 10. Compliance with the policies embodied in this chapter for the development of a
36 village mixed use.
37
38 (b) The VMU district shall be a conditional use district authorized under N.C.G.S. 160A 382.
39 As such,property may be placed within this district only in response to a petition by the owners of all the
40 property to be includet�
41 ~•
42 (c) As indicated in the Table of permissible Uses,the only permissible use within a VMU district
43 is a village mixed use development,and a village mixed use development is only permissible within a VMU
44 district.
45
46 , (d) Property may be rezoned to the VMU district only when the property proposed for such
3
14
1 rezoning:
2
3 (1) Comprises at least fifty, but not more than two hundred, contiguous acres. For
4 purposes of this subsection, acreage is'not"contiguous"to other acreage if separated
5 by a public street or connected only at a point less than one hundred feet in width. and
6 .
7 (2) Is so located in relationship to existing or proposed public streets that traffic
8 generated by the development of the tract proposed for rezoning can be
9 accommodated without endangering the public health,safety,or welfare;and
10
11 (3) Will be served by OWASA water and sewer lines when developed;
12
13 (e) No more than 350 gross acres may be rezoned to the VMU district and no more than three
14 villages may be approved
15
16 (fl Nothing in this section is intended to limit the discretion of the board of aldermen to deny an .
17 application to rezone property to a VMU district if it determines that the proposed rezoning is
18 not in the public interest.
19
20 (g) When a VMU rezoning application is submitted(in accordance with Article XX of this
21 ordinance), the applicant shall simultaneously submit either Ci) a conditional use permit application for a
22 village mixed use development in accordance with the provisions of Section 15-176.1 of this chapter,or(ii)
23 ,an application for approval of a master plan for the proposed village mixed use development, in accordance
24 with the following provisions.
25
26 (1) The master plan shall`show, through a combination of graphic means and -text
27 Cincluding without limitation proposed conditions to be included in the conditional
28 use permit for the proposed development):
29
30 a. The location,types,and densities of residential uses;
31
32 b. The location, types, and maximum floor areas and impervious•surface areas
33 for non-residential uses;
34
35 C. The location and orientation of buildings,parking areas,recreational facilities,
36 and open spaces;
37
38 d. Access and circulation systems for vehicles and pedestrians;
39
40 rye. How the development proposes to satisfy the objectives of and comply with
41 -► the regulations applicable to a village mixed use development as set forth in
42 Section 15-176.1 of this chapter,
43
44 £ How the development proposes to minimize or mitigate any adverse impacts
45 on neighboring properties and the environment, including without limitation
46 impacts from traffic and stormwater runoff and
1
15
1
2 g. How the development proposes to comply with the town's "Village Mxed
3 Use and Affordable Housing Vernacular Architectural Standards."
4
5 (2) The planning board, Northern. Transition Advisory Committee, Appearance
6 Commission, Environmental Advisory Board, Transportation Advisory Board (and
7 other advisory boards to which the board of aldermen may refer the application) shall,
8 review the proposed master plan or conditional use permit application at the same
9 time it considers the applicant's rezoning request In response to suggestions made
10 by the planning-board(or other advisory boards),the applicant may revise the master
11 plan or conditional use permit application before it is submitted to the board. of
12 aldermen.
13
14 (3) If the applicant submits a proposed master plan(rather than a conditional use permit
15 application)with the VMU rezoning application,then.
16
17 a The rezoning application and master plan proposal shall be reviewed
18 concurrently by the board of aldermen according to the same procedures and
19 in accordance with the same standards applicable to other zoning
20 amendments;and
21
22 b. The Board may not approve the VIVIFY rezoning application unless it
23 simultaneously approves the master plan for the development of the property,
24 subject to such reasonable modifications and conditions as the Board may
25 impose in the exercise of its legislative discretion.
26
27 (4) If the applicant submits a conditional use permit application (rather than a proposed
28 master plan)with the VMU rezoning application,then:
29
30 a The rezoning application and conditional use permit application shall, be
31 reviewed concurrently by the board of aldermen according to the same
32 procedures and in accordance with the same standards applicable to other
33 conditional use permit applications;and
34
35 b. The Board may not approve the VMU rezoning application unless it
36 simultaneously approves the conditional use permit application for the
37 development of the property,which conditional use permit may be approved
38 subject to reasonable conditions and requirements as set forth in Section 15-
39 59.
40
41 (5) W a. VMU mzoning application is approved with a master plan (rather than a
42 conditional use permit), approval of the master plan under this section does not
43 obviate the need to obtain a conditional use permit for the village mixed use
44 development in accordance with the provisions of Section 15-176.1 of this chapter.
45
46 a. In addition to other grounds for denial of a conditional use permit application
16
1 under this chapter, -a conditional use permit for a village mixed .use
2 development may be denied on the basis that the application is inconsistent
3 with the approved master plan. However, if the conditional use permit is
4 approved,the board of aldermen shall be deemed to have amended the master
5 plan to bring it into conformity with the conditional use permit
6
7 b. No conditional use permit for a village neighborhood mixed use development
8 may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for
9 such denial involves an element or effect of the development that has
10 previously been specifically addressed and approved in the master plan
11 approval process, unless {i) it can be demonstrated that the information
11 presented to the board of aldermen at the master plan approval stage was
13 materially false or misleading, (u'} conditions have changed substantially in a
14 manner that could not reasonably have been anticipated,,or (Q-a basis for
15 denial for reasons set forth in Subsection 15-54(cX4)is demonstrated by clear
16 and convincing evidence.
17
18 (6) Subject to Subsection 15-141.2(fl(5), a master plan approved under this section may
19 only be amended in accordance with the provisions applicable to a rezoning of the
20 property in question.
21
22 SEC nON S. Article M,Part H is amended by adding a new Section 15-176.2 to read as follows:
23
24 Section 15-176.2 Village Mixed Use Developments
'25
26 (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of
27 the tract,or five acres,whichever is less,may be used for purposes permissible in the B-3T or OA districts,
28 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in
29 the remaining provisions of this section,the Master Plan, or the conditional use permit that authorizes the
30 development in question.
31
32 (1) Within the portion of the tract developed for commercial purposes, the regulations
33 (other than use regulations,which are governed by the provisions immediately above)
34 applicable to property zoned B-3T shall apply except as otherwise provided in this
-35 section or as otherwise allowed.by the board of aldermen in the approval of the
36 Master Plan or conditional use permit for the development
37
38 (2) The commercial portions of the village mixed use development shall be contained
39 within a"storefront use area." This area shall be designed to provide a variety of
40 2$etail shops and services to support the day-today needs of village residents and other
41- -local residents, complemented by other compatt'ble business, civic and residential
42 uses in commercial-"buildings in a manner consistent with a small downtown of
43 or central market place in the community.
44
45 (3) Storefront use areas shall be located so tliey are easily accessile by pedestrians from
46 as much of the residential areas as possible (prderably'within 1,500 feet — a five-
Mww•a...tsr
17
1 (e) In approving a special or conditional use permit for a development that proposes to utilize the
2 density bonus provisions of this section,the permit issuing authority shall ensure,by approval of a condition,
3 phasing schedule, or otherwise, that affordable housing units are actually provided in accordance with the
4 provisions of this section. Without limiting the generality of the foregoing,the permit issuing authority may
5 impose a condition specifying that units'*may not be issued until the corresponding affordable housing units
6 are constructed and offered for sale or rent for an amount that is consistent with the definition set forth in
7 subsection(a).
8
9 SECTION T. Section 15-146 (Table of Permissible Uses)is amended by adding a new classification
10 32.000 entitled "Village Mixed Use Development" and by adding the following language across the table
11 opposite this use classification: "Permissible only in Village Mixed Use Districts (See Section 15-141.2)
12 pursuant to a conditional use permit):'
13
14 SECTION S. Section 15-136 is amended by adding a new subsection(11)to read as follows:
15
16 (11) O/A CU Office/Assembly Conditional Use. This district is identical to the O/A district and
17 shall be subject to all regulations applicable to the O/A district(including but not limited to
18 the performance standards set forth in Part 1 of Article XI)except as follows:
19
20 a. This district shall be a conditional use district authorized under N.C.G.S. 160A-382.
21 As such,property may be placed within this district only in response to a petition by
22 the owners of all the property to be included.
23
24 b. There shall be no minimum size for this district and no single, contiguous tract in
25 excess of five(5)acres may be rezoned to a O/A CU district. No more than twenty-
26 five(25)acres may be rezoned to the O/A CU.
27
28 C. As indicated in the Table of Permissible Uses,the only permissible use within an O/A
29 CU district is an office/assembly planned development, and an officelassembly
30 planned development is permissible only in an O/A CU district.
31
32 1. The applicant for an officelassembly planned development conditional use
33 permit shall specify which of the use classifications generally permissible
34 with an O/A district the applicant wants to make permissible within the
35 proposed O/A CU district.
36
37 2. Once a conditional use permit authorizing an office/assembly planned
38 development has been issued, then individual tenants or occupants of the
39 spaces or properties covered by the permit may occupy or use such individual
40 spaces or properties without need for additional zoning, special use, or
41 conditional use permits, so long as such use or occupancy is consistent with
42 the approved conditional use permit including limitations on permissible use
43 classifications approved pursuant to subsection 1 above or other conditions or
44 limitations imposed as conditions pursuant to Section 15-59.
45
46 3. Uses within the O/A CU district shall be limited to those where loading and
Taos 21 of 35
APRIL 13, 1999 REPORT
TOWN OF CARRBORO PLANNING STAFF
RESPONSES TO ORANGE COUNTY PLANNING STAFF COMMENTS
"PLAN RECOMMENDATIONS NOT REFLECTED IN PROPOSED ORDINANCE AMENDMENTS"
O.C. NSA Plan Comment/Content/ Response(NSA Ordinance Section Reference is underlined,if applicable)
Comment Section fa 3 Page# Issue/Goal
1 1 6 Improved This idea is addressed in the draft NSA Ordinance, Sections 2 and 3. Section 2
Quantity/Quality of establishes a net density procedure per implementation measure 1.1. Section 3
Conservation Lands establishes a procedure that conserves primary conservation areas,regardless of the
extent to which a property is constrained, and specifies additional ranked categories
of secondary conservation areas.
2 1 6 Require conservation This idea is addressed in ordinance Sections 3 and 17. Section 3 addresses this,
lands to interconnect issue in a broad fashion in that it identifies required open space categories and
where these are preserved on adjacent parcels of land, they will by necessity be
interconnected. Section 17 includes 14 objectives that preliminary development
plans(for all subdivisions greater than 5-units)must address. Objective 14 includes
the following language "Provides open space that is reasonably contiguous.... The
open space shall generally abut existing or potential open space land on adjacent
parcels, and shall be designed as part of larger, contiguous and integrated greenway
systems. $$
3 4 47 Neighborhood Mixed This idea is addressed in Sections 4 and 5. VMU Conditional Use district and
Use specified design and architectural standards allow development as noted.
4 4 49 Community Mixed Use This illustration was prepared by original work group as an example of a larger
scale mixed-use, type of development. To the extent possible, the concept is
incorporated into the VMU, however, only a 5-acre commercial area would be
permitted and a central green of 12 acres in size would make it difficult to provide
peripheral,contiguous open'space,as described in Section 5.
5 5 58 Attract developers who This idea is expanded upon within the text of the measure,as follows: "Developers
have successfully built of these mixed-use,village-style areas, as well as other potential developers, could
mixed-use and clustered ' be approached by Carrboro officials." It did not seem necessary or appropriate to
developments. include this measure within the .Land Use Ordinance, although the Board of
Aldermen could adopt a resolution affirming their desire/interest in contacting
developers.
co
O.C. NSA Plan- Comment/Content/ Response(NSA Ordinance Section Reference is underlined,if applicable)
Comment Section# Page# Issue/Goal
6 5 58 Provide incentives to This measure proposes tax breaks, higher allowed densities, or an expedited
-commercial and office permitting process as incentives to catalyzing business interest in neo-traditional
businesses that locate in developments., Section 5 allows free residential units (from a density perspective)•
I neo-traditional above commercial space and allows commercial areas to be included in density
developments. calculations. Tax breaks for businesses are not allowed under NC Constitution and
expedited permitting is typically a procedural matter.
7 5 59 Prohibit fa—nd uses and Carrboro Land Use Ordinance is centered on a table of permissible uses (ITU).
activities that would use New,non-residential uses that will be allowed in the study area are based on those
large quantities of water. allowed in the Transition Area Business (B-3-1) and Office/Assembly (O/A)
zoning districts. Permitted uses in these zones that might require large quantities of
water include manufacturelassembly, -skating rinks and swimming pools, and
laundromats. An existing ordinance provision (Section 15-168 Water
Consumption)prohibits manufacttuing and assembly uses from using more than an
average of 200 gallons per employee per day.
8 5 60 Provide"model" This measure is addressed by existing and proposed ordinance provisions. Section
standards for the layout 17 of the draft NSA Ordinance includes 14 design objectives; at least 7 of which
and maintenance of describe necessary design elements.. Several sections of Article XIII (Recreational
conservation areas Facilities and Open Space) of the LUO address maintenance of open space
within new subdivisions. (Sections 15-199, 201). Restrictive covenants for developments with homeowners
associations responsible for maintaining common facilities (including open space)
are reviewed and approved by the Town Attorney prior to final plat approval.
9 5 61 Create conservation 5ection 3 of the draft NSA Ordinance establishes primary and secondary
overlay district. conservation areas and details the manner in which they must be preserved. The
Conditional Use Zoning .approval process will likely prevent non-residential
development from developing without regard for conservation areas that are not
otherwise protected(stream buffers,floodwaks/plains).
10 5 62 Support statewide This measure describes how the Town might use TDRs to balance the preservation
enabling legislation to. of sensitive areas with the development of others in order for landowners to achieve
allow the transfer of a reasonable return on land that should not be developed. This measure does not
development rights. involve any regulatory action at this time, as the primary means of implementing
this concept in the plan area is the net density/VMU tradeoff.
Cwboro Planning Staff Response.to OC Staff Comments-Plan Recommendations Not Reflected in NSA Ordinance Page 2
Revised-04/13/99 CJD
O C. NSA plan Comment/Contentt Response(NSA Ordinance Section Reference is underlined,if applicable}
Comment Section# Page# Issue Goal
11 4 62 Actively pursue Board o Aldermen has forwarded a request for authority to establish inclusionary
enaction of legislation zoning to legislative delegation.
for inclusianary zoning. •
12 5 63 Implement the The Connector Roads Plan for the Northern Transition Study Area is included in
3 3 Connecter Roads Plan the plan as an appendix and has been adopted by the Board of Aldermen as a policy
concept. document. The necessity of road connectivity is specified in existing and proposed
ordinance provisions. Section 15-54 of the LUO. specifies that SUPS and CUPs
must be issued unless the Board finds that they are not in conformity with "plans
officially adopted by the Board." Sections 15.214 and 21? specify required road
connectivity. Section of the draft NSA Ordinance includes a section on roads and
I
streets that requires interconnected streets within a VMU'and "connections to all
existing or proposed through streets or collectors outside the village proper where
practical."
13 5 63 Implement the Carrboro The Town adopte its Bikeways Plan in 1989 and all developments are subject to
Bikeways Plan demonstrating conformity with its provisions as noted above. Section 15-216 of
the existing LUO details roadway specifications, including bike lanes, for all
classes of streets. The sixth of the opening objectives of the NSA Ordinance notes
that the ordinance is proposed to achieve adopted...transportation...policies...."
Design provisions in Se cho specify that one bike rack must be included on each
block in the storefront and townhouse use areas.
64 Promote coordination Road, and associated required features, connectivity is required outri t for
between developers for roads in Carrborois jurisdiction. Coordination between developers is promoted
the planning of bicycle, during the review of any proposed development.
pedestrian,transit,and
automobile
transportation routes .
15 6 65 Provide or increase Conditional use zoning process specified in Sections 4 and 8 provides broad
incentives for leverage to a governing board with regard to negotiating the acquisition or use of
developers to dedicate land or facilities for public purposes.
land or facilities for
public park and
Can born Planning Staff Response to OC Staff Comments—Plan Recommendation's Not Reflected in NSA Ordinance
Page 3 0
Revised-04/13/99
0.C. NSA Plan Comment/Contentl Response(NSA trdinance Section Reference is underlined,if applicable)
Comment Section# Page# Issue/Goal
recreational use.
16 ' 6 65 Require conservation See item 2 above.
land to interconnect
17 6 65 Completing the loop— This item is best addressed through an amendment to the Parks and Recreation
extension of proposed master Plan, as this is the document in which the proposed greeriway system is
greenway trail link. detailed. However, this connection will require dedication of land (or easements)
that is privately held and mostly developed.
1 g 6 65 Connect Homestead The bulk of the and in this segment is presently-not fully developed. The likely
Road at Lake Hogan greenway corridor coincides with mandatory conservation areas that will need to be
Farms with the Bolin set aside as open space or preserved in some other fashion. It is anticipated that the
Creek Greenway. greenway will be designed during the development review process and that
associated-easements would be acquired following approval of any development.
14 6 65 Subsidiary greenway Objective 13 in SeWou describes the pedestrian circulation system, with
trails. particular emphasis on the need for roadside footpaths to connect to off-mad trails,
and the need for these trails to connect to open space on adjacent parcels.
20 6 65 -Horace Williams Tract This item is best addressed through communication with the University whenever
further planning and/or development for the Horace Williams property is
underway.
21 6 65 Experimental trails This item may be best addressed through development review procedures.
22 7 66 Adopt Town-wide Ordinance ' g committee has included architectural itectural standards in four sections
design guidelines to of draft NSA Ordinance,VMU and-O/A developments, affordable housing density
ensure that new units, and major residential subdivisions. Design guidelines for other aspects of
development is development are included in the VMU requirements.
harmonious with the
attractive features of
existing development.
23 7 66 Develop a process for Planning Department Procedures Manual for Development Review process,per the
dialogue between Board of Aldermen's policy, recommends that developers meet with neighbors
developers and existing early in design process.
residents.
24 4 66 Measures to preserve "Vistas along entranceways to the town" are included in secondary.conservation
Carrboro Planning Staff Response to OC Staff Comments—•Plan Recommendations Not Reflected in NSA Ordinance Page 4
Revised-04113/99 _
O.C. NSA Plan Comment/Content/ Response(NSA Ordinance Section Reference is underlined,if applicable)
Comment Section# Page# Issue/Goal
important vistas in the areas in Section 3. Proposed VMU districts must demonstrate compliance with the
Study Area should be first objective of Section 4 "the preservation of open space,scenic vistas.:.:' Road
explored and and street layouts, also included in Section must "secure the view to prominent
implemented. natural vistas." Objective 6 in Section 17 states that preliminary plans must."leave
scenic views and vistas unblocked or uninterrupted, particularly as seen from
public roadways." Section 21 requires• that undisturbed protective buffers
(combined in some places with screening requirements) must be maintained along
most major roads in the Town's jurisdiction.
25 9 67 Farmland preservation— The establishment of the JPA and associated measures (OWASA boundary, urban
work with the county to services area concept) seem to have been the first steps in this direction, clearly
encourage the developed through joint efforts of the County and Town. Urban-level development
preservation of active was proposed in the Transition Areas -to balance out rural development (lower
farmland and to limit the density) in the rural buffer. Further steps in this direction will require additional
conversion of farmland work to develop a viable,multi-faceted farmland preservation program.
to developed uses
outside of the Transition
Areas,as a trade-off for
accommodating new
development within the
Transition Areas. "
N
N
Carrboro Planning Staff Response to OC Staff Comments—Plan Recommendations Not Reflected in NSA Ordinance Page 5
Revised-04/13/99
23
MARCH 20, 1999 REPORT
Orange County Planning Staff Comments
CONSISTENCY
Between the Facilitated Small Area for Carrboro's Northern Study Area and
Proposed Amendments to-the Carrboro Land Use Ordinance
Section 2.6C of the Joint Planning Agreement requires that(iv)henmw Chapel
hX proposes to amend the text of its Land Development Ordinance,-and whenever
Carrboro proposes to amend tht tent of!&Land Use OnUnance,the respective towns
shall deliver a copy of thefull tent of the proposed amendment is Oraatge county not
'later than W rty(30)days before the date of thepub#c hearing an any such
amendment.The agreement further states that(unless Orange County files with the
respective towns a written objection on or before the date of tbepubtic hearing on the
proposed oittrutce amendtt{etxt, then adoption of the amendment by the respective '
town shall automatically q ffitct a conrespondltig amendment to the applicable
ordinance adopted by reference by Orange County as provided in Sion 21C Any
such objection shall be based on a determainati6n by Orange County that the pr oposed
amendment is inconsistent with the adapted Joint„ and g Area Land Use Plan.
Proposed amendments to the Carrboro Land Use Ordinance(hereafter referred to
as the NSA Ordinance)to implement the recommendation of the Facilitated Small Area
Plan for Carrboro's Northern Sttmdy Area were received in the specified ttimeframe. The
amendments consist of 29 revisions or additions to the existing ordinance;comprising 35
pages; some revisions are contained in one sentence whereas others are multiple pages in
length. Additional attachments include vernacular architectural standards with
photographs and illustrations»
The approach to analyzing conformity of the 29 revisions with the adopted small
area plan at this stage is brie£ The title or content of each section is listed below with a
brief assessment of its consistency or with the adopted plan. The primary "
intent is to identify areas needing further investigation. :".
Section 1. The oracle actedsection rues caged In this rumce are to the
Carrboro kris 1Use Crdinan=
Consistent Inconsistent_____Not Addressed Not Applicable X
Comments: '
Section 2. Residetldd dehsity of major developments in certain districts:
Consistent X Inconsistent Not Addressed Not Applicable
Comments: Foi;ala for determining constrained lands needs to be same'in plan and
ordinance,
24
Section 3. Primary and secondary consvv&on a mas
Consistent X Inconsistent Not Addressed Not Applicable
Co�snentss:
Section 4.' Village-mixed use dstrlct established -
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section 5. V111age mixed use developmenft
Consistent Inconsistent Not Addressed Not Applicable
Comments: This is the most extensive and detailed section of the ordinance comprising
12 pages of text. `
Section 6. Residential dm*bonuses for affordable horsing.
Consistent X Inconsistent Not Addressed Not Applicable
Comments: .
Section 7. Add 7711W Mined Use Development"to table of pe mWed uses,
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section& 01A CUOfflce/assembly conditional use.
Consistent X Inconsistent Not Addressed Not Applicable
Comments. .
Section 9.Add- ice✓AmemblyPlanned Development'to table of permitted uses
Consistent X_, Inconsistent Not Addressed Applicable
Comments:
Section 10.Distinguishes between general rezoning and conditional use rezoning:
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section 11. "Good Neig bor"performance standards
Consisted X . Inconsistent Not Addressed UOt Applicable
Comments:
Section 13. -smoke,dusk fames~ v*wrs,gam; and od ars
Consistent _k b=sistent Not Addressed_____ Not Applicable
Comments: Related to"Gogd Neighbor'"'performance standards.
Section M. Ground water supply.
Consistent X Inconsistent Not Addressed Not Applicable
Comments:Related to"Good Neighbor"performance standards.
a
. M.
.25
Section 14. Ewesssivve illumina dmL
Consistent X Inconsistent Not Addressed Not Applicable
Comments:Related to"Good Neighbor'performance standards.
Section 15. Outdoor ilburiinar#orar
Consistent X Inconsistent Not Addressed Not Applicable
Comments:Related to"Good Neighbor"penance standards.
Section 166 Noise.
Consistent;_X Inconsistent Not Addressed Not Applicable
Comments:Related to"Good Neighbor''performance standards.
Section 17. She glamning proaea'vw for major jub&YWd=
Consistent X� Inconsistent 'Not Addressed' Not Applicable
Comments:
Section 1& Stormwater managrrte
Consistent Inconsistent_•,___Not Addressed X Not Applicable
Comments:Not addressed specifically, but can be,infon-ecl from statements on natural,
cultural,and scenic resource protection.
Section 19. Buffers in northern ftwni#on areas.
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section 20. No clearcutd'ng.
Consistent Inconsistent Not Addressed X Not Applicable
Comments: Not addressed specifically,but can be inferred from statements on natural,
cultural,and scenic resource protection,
Section 21. Protective bu,ffer along manor roads. .
Consistent Inconsistent Not Addressed X Not_Applicable '
Comments:Not addressed specifically,but can be infered from statements onnatural,
cultural,and scenic resource protection.
Section 22. Deletion of"rh9agreen Barberry"a W "Japa ww Barberry."
Consistent Inconsistent Not Addressed. Not Applicable_. X
Comments:
Section 23. List of Inviasive plan`specie
Consistent Inconsistent Not Addressed Not Applicable X
Comments:
Section 24. Northern R=Sidon Committee,
Consistent X Inconsistent'....—Not Addressed Not Applicable
Commedr.
26
Section 25. Redrx don of up to ZS percent in parking rel ent for Yet U or O/A.
Consistent Inconsistent Not Addressed„X Not Applicable
Comments:Not.addressed specifically,but can be inferred from statements on incentives
to commercial and office businesses that locate in neo-traditional developments
Seetiiori 25. Appendix J—noise g w trans
Consistent Inconsistent_ Not Addressed X Not Applicable
Comments: Related to"Good Neighbor"performance standards.
Section 27. ArchitecftaW-standards for nu ydr subdivisions
Consistent,_X Inconsistent Not Addressed Not Applicable
Comments:
Section 2& Prauisions of arty town ordinance in cxrnflict with this mdiirw=repealed
Consistmit inconsistent Not Addressed Not Applicable X_,
Comments: .
Section 29. This ordinance e,ffeedw upon adoption
Consistent Inconsistent Not Addressed Not Applicable X
Comments:
27
Orange County Planning Staff Comments
. Plan Recommendations Not Reflected in Proposed Ordinance Amendments
Most recommendations in the Facilitated Small Area Plan for Carrboro's
Northern Study Area are contained in Section 5 (Impiementatron}. However, Section 1
(The Small Area Planning Process) and Section 4(The Recommended Small Area Plan)
also contain recommendations, some of which are not reflected elsewhere. The purpose
of this paper is to identify for further discussion,plan recommendations that were not
• carried forward in ordinance language. Following on a section-by-section basis is a
listing of recommendations that did not carry forward in the proposed ordinance
amendments:
Section 1: The Small Area Planning Pro ,gg
Pin 6 '
•2. IMPROVED QUANTITYIQUALITY OF CONSERVATION LAND: Aim for a
higher percentage of conservation lands in the Study Area comprised of lands that
are not severely constrained by flooding,wetness or steepness. Accomplish this
by setting standards for conservation lands in addition to wetlands and steep
slopes, and by offering a range of densities with rise in relation to the percentage
of land which is to be conserved.
3. REQUIRE CONSERVATION LAND TO INTERCONNECT: Establish design
standards for the open space in new-subdivisions so they will eventually coalesce
to create an network of protected lands as greenway corridors.
Section 4: The Recommended Small Area PI n
Floating Zones—Residential
Neighborhood Wheel Use: Following discussion of the Village Mixed Use
(VM:U)district,a district identified as Neighborhood WZed Use is discussed.
Apparently it was envisioned as a step down betwe eithe larger VMU and smaller
Offaice/Assembly(O/A)district.
• Fig=-4-2 illustrates a design called"Community Wked Use." These is no
additional description of this although it seems to fit the description of VMU.
,Section 5: _Imolem.ct3i
PAU 58
Measwe 1.4 Attract developers who have successfully bunt mixed-=and
clustered developments. '
{
28
Measure 1.5 Provide incentives to commercial and office businesses that locate
in neo-traditional developments,
EM 59 .'
Measure 1.7 Propibit land uses and activities which would use large cltuurtities of
mater.
Page 60
Measure 1.11 Provide"model„ standards for the layout and maintenance of
conservation areas within,new subdivisions.
Paize
* Measure 3.2 Create Conservation overlay&triq-
Pmm
.62
** Measure 3.4 Support statewide enabling legislation to allow the transfer of
development rights.
Measure 4.1 Actively pursue enaction of legislation for inclusionary zoning,
Payre.63
Measure 5.1 Implement the'Cormector Roads Plan concept.
Measure 5.2 Implement the Carrboro Bikeways plan,
Measure 53 Promote coordination between developers for the planning of
bicycle,pedestrian,transit, and automobile transportation routes.
Measure 6.2 Provide or increase incentives for developers to dedicate land or
facilities for public park and recreational use.
* Measure 6.3 Require conservation land to irrterconncct.
4
* Measure 6.4 Completing the loop—extension of the proposed sway tray,
link. .
'Measuue 6.5 Connect Homestead Road at Lake Hogan Farms with the Bolin
Creek Greenway.
* Measure 6.6 Subsidiary greenway trails—require developers of naw•subdivisions
to lay out and construct neighborhood trails though their new developments
Measure 6.7 Horace Williams tsac:t.
. 23
Measure 6.8 Experimental trails.
Em 66
. Measure?Z Adopt town-wide design guidelines to ensure that new development .
z is barmonious with the atractive features of existing development.
Measure 7.3 Develop a process for dialogue between developers and existing
residents.
Measure 9,1 Measures to preserve important vistas in the Study Area should be
explored and implemennted
PM 67
** Measure 9.4 Farmland preservation work with the County to encourage the
preservation of active farmland,and to limit the conversion of farmbmd to
developed uses ouiside the'Transition Areas, as a trade-off for accommodating
new development within the Transition Areas.
f
* Conservation Corridor
Transfer of Development Righu
"y
. r
30
TOWN OF CARRBORO
NORTH CAROLINA
S T AA E R E P - O -R T _
TO: BOARS OF ALDERr m
FROM: PAMCIA J. MCGuntE,L=d Use Pkwxi r
DATE: MARCH 161, 1999
SUBJECT: NSA FAC LUAM PL M b[P1wmEUmmioM.- RmsEO DRAFT ORetNM*CE
COPY: ROT W. ' AUJFOIWF Planning Director
BAOMMU-M `
The policy document upon which this ordinance is based was developed over the course
of nearly seven years,and involved the participation of approai tatrly 200 individuals in several,
hundred hours of meetings, opert house sessions and wads hops. The process culminated in the
acceptance of the facilitated plan, developed by consensus of workshop participants, by the
Board of Aldermen in the late summa of 1997 and the incorporation of the plea into the Joint
Planing Area Land Use Plan by Orange County and Chapel Hill in early 1999.
The adopted amendments to the JPA documents retain the Transition Areas and require
Orange'County and Canboro to hold joint hearings to establish Village blixed Use and Office
Assembly Conditional Use Zones m the Transition.Areas. Planning staff of Orange County and
Canboro is discussing a review procedure associated with these joint rezonings that will
mini�msae duplication of staff effort and confusion on the part of applicants.
On Decernba 16, 1998, tine Board of-Aldermen bald a public hearing to receive broad
public comment on the substance of a proposed legislative wing change—the adoption of"An
Ordinance Amending the Canboro Land use Ordinance to Wement the l2ecoxnmcodations of
the Facilitated Small Area Plan for Caaboro's Northam Study Area."
The ord4mac e to implement the land use provisions of the plan was prepared by a.
committee of ditb=3 wod&9 with town staff;, Eighteen people offered their comments on the
provisions of*;'&aft ordinance. Comte during the hearing can.be categorized into three
major areas: the effect of the ordinance on housing affordability and design creativity, the need
to balance envirozuaeat+d protection yvith adjusted or reduced density,and the reed fiat flQa"bility
in the designation of hardwood areas as primary conservation areas. Following revisions to the
ordinance in January and Febrwxy, a revised NSA ordinance was referred to Caaboro advisory
boards and Orange County. .
5
31
ANALYSIS .�
•The 32-page draft ordinance includes 26 additions and revisions to the town's Land Use
Ordinance.These sections address eight major issues identified in the plan:density,conservation
areas, •conditional use distdcts, mvimnmental i
protection, mtigation of nonresidential
development impacts, subdivision design in accordance with natursl/signi£carlt features design
guidelines,and advisory board it by Transition Area resideats.
As has been noted in earlier analyses, the Policy origin,for nearly all of the work items
and ordinance components *can be clearly demonstrated. In a few cases, such as design
standards, the plan did not include specific design features or criteria. In these instances, the
ordinance drafting committee identified the design components or provisions that are included in
the ordinance, examples of which were provided by planning consultatit,Randall Arendt, during
the hcffitftd meeting process.
Below,Table 1.presents the policy origin of NSA Ordinance provisions.
TABLE I. POLICY ANALYSIS OF NSA ORDINANCE,PROVISIONS '
2 Adjusted Tract Acream Yield Plan Measure 1.1, a 55
3 Open—Space Standards Measure 1.2,Me 5
4 Village Mixed Use District Measure 13,pW 57
5 VHIW Mbmd Use District Design Staadards, Measures 13, 1.8; 4.2; 72;
112naed Use Ho Density Bonus pages S6,59,62,66
6 Affordable Housing Density Bonus Measure 42,page 62
7 Mnced'Use District Measure 13,page 57
8 2f 2 Assembly Conditional Use District Measure 1.6,Page 58
9-16 Neighbor"Performance Standards Sleasums 13,1.6;pages 57.58
17 Site Plannmg Procedures -Measure 1.10,page 59
18 Stotmwatar standards Measure 3.1,pap 61
19 Stream buffars in NTA Measure 3.1,page 61 o Iy)
20 Prole . ' � 5 cl 9,page 66
21 Road buffer R Northam Transition Area ' ' Measure 9.1,pap 66(posslly)
22;'23 Invasive Plants Goal 3,palge 61
24 Advisory PI B randtion Area overall),page 7
25 Parking Provision for VMU and OtA Measure 13,page 57
26 Noise.Uenetan Measures.13, 1. ;pages 57-58
27 Standards for MajorSubdWisions Measures 1.8,7.2; 59,66
DISCUSSION-OF NSA QRp_MANa- Zfflslows Sma DEcesER 16 B=HLAORINg
Since the joint review meeting and public hearing,a number of des to the draft have
• been specified. These changes are listed in Table 2 below. Due to the character of several
chaagos, and on the advice of the Town Attorney,the Board set a public hearing on the revised
J
32
ardiaance for March 23,1999. However,the public heaftgivas continued.
TABLE 2. CHANCES INCLUDED IN FEBRUARY 19, 1999 DRAFT COPY OF
• •• .PROPOSED NSA ORDINANCE
{)sat 1V'arember 19,2998*VV
3 15-198W Allorovs r=moval of hardwood trues from hardwood
areas not set aside as common open spy to the
extant that•removal is necessary to accommodate
uses in these locations,
4 15-141.2(e) Limits VMU district to a toW of 350 acres and not
more than throe villages.
5 15-176 a g) Increases the maximum space that can be occupied
by an indiiridnal commercial enterprise in a VMU
to 6,000 few.
15-176.2(-X1) Removes"auto-related uses" firm the list of uses
prohibited in the VMU commercial area. • -
5 15176Xf—)(4)(e)(2) Modifies on-street parking provision in
commercial area so that permit issuing has greattt
flexibility in evaluating how parking requirement
is met.
5 15-1762(f)(4XeX4) Increases nuodmum distance from a lot to off-
sumt parking on a separate lot from 60 to 100 feet
5 15-1762(t)(4Xt)(1) Modifies construction standard for bn*or brick-
bordered sidewalks to indicate that they must not
impede accessx��.
15-762(f4)(m} Modifics section to require Appearance
Commission review but permit-issuing authority
approval of materials,windows and doors.
15-182A(a) Modifies definition of affmdab a housing unit to
include rental units and to specify that units must '
• remain affordable for a period of not less then 100
Years•
6 15-182.4(o)---- Missing tent added
8 15-136( 1)(b) Limits CUilistricts to a bW of 25 acres.
8 15-136(11)(ex3) Changes text regarding appropriate windows in
Buildings constructed O/As district from"of a type
commonly used ins to"of a scale and pion
�* typical of single fimily residences.
18 15 263(a ) Modifies stormwatex provisions, as follows:allow
no stormwater related damage on upstream or .
downstream Vies; .change •the sb mawater
design standard from a ter-year storm to a twenty-
five year storm, require that developers submit
stateme� of 11otential ne " e stormwatiecr
effects"that,if accepted without modification,WBI
not be regarded as stornmid r related damages;
and establish a two-year time during which
33
dexelopers will be responsible for satisfying the
• "no damaW standard (except as covered by (3)
above) and may be required to design and
canstrnct additional faciliitles to bring the
development into compliance.
It has been noted that ifthe Board-wisbas to accept
the change to the stonnwatx r design standard,
companion changes will be needed for Section IS-
262 and A ' I of the Land Use Ordinance.
20, 15-269(b)and(c) Northern •Tranpition ' Are$ stream,
buffer regents in the tract of the ordinance,
• rather than through the creation of an overlay
• zone. •
24 15-27 S ifies that NTAAC submits regular reports to
• Orange County BOCC, that BOCC mints 3/5
members,and that members are limited to no more
than two consecutive three-year terms.
i +
34
LAW OFFICES
COLEMAN, GLEDH LL & HARGRAVE
A DIAL CDlMMATM
129 L TRYoN sTR1wr
P.o.i)RAM W9'
HM mCRoum Noi m cARaiNA 27276
919-732.21% FRCM 718 D=of
PAX 919.732.7997 MCIFFM L GLMHML.
March 30, 1999
Alice M. Gordon, Chair
Margaret W. Brown
Moses 'Carey, Jr.
Stephen Halkiotis .
'Barry Jacobs
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Implementation of Recommendation of the Small Area
Plan for Carrboro's Northern Study Area - Proposed
NSA Ordinance
Dear Board Members:
I have spent some time studying the.'Ordinance Amending the
Carrboro Land Use Ordinance to Implement the Recommendations of
.the Facilitated Small Area Plan for Carrboro's Northern Study
Area, the so-called 'NSA ordinance. " This ordinance was formally
transmitted to Orange County on February 19, 1999. I have also
reviewed the March 16, 1999 Carrboro staff report to the
Carrboro Board of Aldermen and the undated Orange County
Planning staff comments to you- concerning consistency between
the NSA ordinance and the amended Joint Planning Area Land Use
Plan'. My first observation is that I think that the Planning
staff did an excellent job in highlighting the consistency '
issues.
The second observation that I have is that it is impossible
to make ld, Land Use Plan consistency review with the information
transmitt-ed to Orange County on February 19, 1999. This is
because the NSA ordinance is structured like a . piece of
legislation, containing section numbers which are not in
themselves part of the Carrboro Land Use Ordinance. Each- section
amends one or more of the sections of the Carrboro Land Use
Ordinance by reference to the ordinance sections amended.
Therefore, without having the Carrboro Land- Use Ordinance in
35
Orange County Board of Commissioners
Page 2
March 30, 1999
front of you when reviewing the NSA ordinance, it is not
possible to capture the full sense and impact of the NSA
ordinance. Those of you who want to read the NSA ordinance and
draw your own conclusions about it will need. . the existing
Carrboro Land Use Ordinance to do so.
My review focused principally on "big picture" issues. I
noted several editing ideas that I will share with the County
Planning Director for communication to his Carrboro counterpart.
However, there is one "big picture" point that .I want to make at
this time.
'Section 4 of the NSA ordinance adds a section to the
Carrboro Land Use Ordinance establishing village mixed use
districts and providing the process for the creation of a
village mixed use district. As you know, the village mixed use
districts can be created anywhere in the NSA and will require
both a legislative decision to create the zoning district and a
conditional use permit decision. In other words, these districts
will be conditional use zoning districts. However, Section 4 of
the NSA ordinance introduces a concept that had not previously
been discussed by the Board of County Commissioners. That
concept is "master planning. " Under the master plan concept the
Board of Aldermen will consider concurrently the rezoning
application and the master. plan proposal. At that point the
legislative decision making is completed. Thereafter, a master
.planned village proposal goes through the conditional use permit
process. However, it 'appears from the way the ordinance is
drafted that the conditional use permit process will be wholly
administrative, not concurrent with the legislative rezoning
process and presumably will not involve the Orange County Board
of Commissioners.
In summary, the NSA ordinance permits someone applying- with
a village mixed use proposal to follow one of two paths. The
-first path would be to file a rezoning -application and • .
simultaneously file a conditional use permit application for the
village mixed use development. In that case, the rezoning
application and the conditional use permit application would be
reviewed_concurrently by the Board of Aldermen and by the Orange
County C&6issioners and would include a joint public hearing on
both applications. The second path the developer could follow
would be to submit an application for the rezoning of the
property and an application for a master plan proposal. In that
case, the rezoning application and the master plan application
would be reviewed concurrently by the Board of Aldermen and by
the Orange County Commissioners and would include a joint public
hearing involving the Board of County Commissioners and the
Board of Aldermen. The difference in the two paths is
36
Orange County Board of Commissioners
Page 3
March 30, 1999
significant. The master plan path takes Orange County out of the
conditional use permit process. The conditional use permit path
involves Orange County in the conditional use permit process.
The master plan approach may not be consistent with the
Board'-s view about its role in the village mixed use conditional
use districts. You'll recall that the Joint Planning Agreement
was amended to provide for a • joint public hearing for
conditional use zoning applications and to provide that no
village mixed use conditional use and no office . assembly
conditional use' zoning classifications can be made until an
ordinance approving the zoning map amendment has been approved
by Orange County. I think the Board envisioned that the
administrative special use permit process and decision would be
coupled with the legislative zoning process and decision in all
cases and both would be part of the joint public hearing. The
master plan concept clearly separates, in time and in
responsibility, the legislative rezoning process from the
administrative special use permit process.
Very truly yours,
COLEMAN• LEDF3ILL & HARGRAVE, P.C.
e E. G1 ill
GEG/lsg
xc: Craig Benedict
John M. Link, Jr.
mydocuments/bdofcom27.ltr.
" The office assembly conditional use district process in the NSA ordinance
does not include a master plan concept.
1 The following ordinance was introduced by Alderman and duly seconded by Alderman.
2
3 AN ORDINANCE AMENDING THE CARRBORO LAND USE ORDINANCE TO IMPLEMENT
4 THE RECOMMENDATIONS OF THE FACILITATED SMALL AREA PLAN FOR
5 . CARRBORO'S NORTHERN STUDY AREA
6
7 WHEREAS, on August 19, 1997, the Board of Aldermen unanimously accepted the modified plan
8 for the Northern Study Area produced by a facilitated planning conference held on April 19 and May 31,
9 1997;and
10
11 WHEREAS, the Small Area Plan Ordinance Drafting Committee appointed by the Board of
12 Aldermen has recommended a series of ordinance amendments to implement the recommendations of the
13 plan;and
14
15 'WHEREAS, the amendments proposed by the committee are intended to achieve the following
16 objectives:
17
18 1. To conserve open land, including those areas containing unique and sensitive natural
19 features such,as woodlands, steep slopes, streams, floodplains and wetlands, by
20 setting them aside from development;
21
22 2. To provide greater design flexibility and efficiency in the siting of services and
23 infrastructure,including the opportunity to reduce length of roads,utility runs,and the
24 amount of paving required for residential development;
25
26 3. To reduce erosion and sedimentation by the retention of existing vegetation, and the
27 minimization of development on steep slopes;
28
29 4. To provide for a diversity of lot sizes, building densities, and housing choices to
30 accommodate a variety of age and income groups, and residential preferences, so that
31 'the community's population diversity may be restored and enhanced;
32
33 5. To implement adopted policies. to conserve a variety of irreplaceable and
34 environmentally sensitive resource lands As set forth in the Town's Land Use
35 Ordinance including provisions for reasonable incentives to create an interconnected
36 and continuous greenway system for the benefit of present and future residents;
37
38 6. To implement adopted land use,transportation,and community policies, as identified
39 in the Town's Land Use Ordinance;
40
41 7. To protect areas with productive agricultural soils for continued or future agricultural
42 use for specialty crops or other intensive,small-scale operations;
43
44 8. To create neighborhoods with direct visual access to open land,with amenities in the
45 form of neighborhood open space,and with a strong neighborhood identity;
46
............................_.........._.......M-........-.......-...--.-........._.-........._........................
ftge 1 of 35
MMWAWAMMRMW
1 9. To provide for-the conservation and maintenance of open land to achieve the above-
2 mentioned goals and for active or passive recreational use by residents;
3
4 10. To provide multiple options for landowners in order to minimize impacts on
5 environmental resources (sensitive lands such as wetlands, floodplain, and steep
6 slopes) and disturbance of natural or cultural features (such as mature woodlands,
7 hedgerows and tree lines);
8
9 11. To provide standards reflecting the varying circumstances and interests of individual
10 landowners,and the individual characteristics of their properties;
Il
12 12. To conserve scenic views and elements of the area's character, and to minimize
13 perceived density,by minimizing views of new development from existing roads; and
14
15 13. To preserve Carrboro's unique architectural sense of place and in new construction
16 maintain a close and strong visual reference to the existing architectural vernacular
17 specific to Carrboro and its surroundings.
18
19 NOW THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO
20 ORDAINS:
21
22 SECTION 1. The article and section references contained in this ordinance are to the Carrboro Land
23 Use Ordinance.
24
25 SECTION Z. Article XII is amended by adding a new Section 15-182.3 to read as follows:
26
27 Section 15-182.3 Residential Density.of Mayor Developments in Certain Districts.
28
29 (a) Notwithstanding the provisions of Section 15-182,when any tract of land within the R-10,R 30 15, R-20, and RR districts is developed under circumstances requiring the issuance of a special or
31 conditional use permit, the maximum number of dwelling units that may placed on that tract shall be
32 determined in accordance with the provisions of this section.
33
34 (b) If the development is to be served by OWASA owned water and sewer lines, then the
35 maximum number of dwelling units for any type of residential development other than an architecturally
36 integrated subdivision shall be determined by dividing the adjusted tract acreage (calculated in accordance
37 with the provisions of subsection(e)below)by the"minimum square feet per dwelling unit" associated with
38 , the zoning district of the property to be developed as set forth in Section 15-182. If the development is an
39 architecturally integrated subdivision,then the maximum density shall be determined by dividing 85%of the
40 adjusted tract acreage by the"minimum square feet per dwelling unit" associated with the zoning district of
41 the property.
42
43 (c) The adjusted tract acreage shall be calculated by deducting from the gross acreage of the tract
44 the sum total of each of the following areas that may be located within the tract in question. If an area within
45 the tract qualifies under more than one of the following categories, then that area shall be included only
46 within the one category that involves the most restrictive(i.e.the greatest)deduction.
ftge 2 of 35
1
2 (1) Floodways: multiply the area within a floodway by a factor of 1.0.
3
4 (2) Wetlands: multiply the area of designated wetlands by a factor of 0.95.
5
6 (3) Major Rock Formations: multiply the area of major rock formations by a factor of
7 0.90.
8
9 (4) Steep Slopes: multiply the area of land with natural ground slopes exceeding 25
10 percent by a factor of 0.80.
11
12 (5) Land traversed by high-tension electrical transmission lines (69kv or higher):
13 multiply the area within the power easement by a factor of 0.75.
14
15 (6) Floodplains: multiply the 100-year floodplain by a factor of 0.5.
16
17 (7) Moderately steep slopes: multiply the area with natural ground slopes of between 15
18 and 25 percent by a factor of 0.4.
19
20 (8) Land traversed by underground utility lines (not within a street right of way):
21 multiply the area within the easement (or if no easement exists, the area within ten
22 feet on either side of the line)by a factor of 0.3.
23
24 (d) If the development is not to be served by OWASA owned water and sewer lines, then the
25 maximum number of dwelling units shall be determined in reference to-an actual yield plan prepared by the
26 developer in accordance with the provisions of this subsection. The yield plan shall be a conceptual layout
27 of a single family residential subdivision (containing proposed lots that meet the minimum lot size
28 requirements of the .district where the property is located, streets, easements, and other pertinent features)
29 that could be developed within the tract in question in accordance with the provisions of this chapter.
30 Although the yield plan must be drawn to scale, it need not reflect any great degree of site engineering.
31 However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to
32 be implemented, taking into account the topography of the land and natural constraints,existing easements
33 and encumbrances, and the applicable provisions of this chapter, particularly those relating to open space,
34 recreational facilities, and street rights of way. In addition, the yield plan shall be prepared under the
35 assumption that each lot will be served with an individual septic tank located on the same lot as the house it
36 serves. The applicant shall submit evidence (in the form of a preliminary soils evaluation from Orange
37 County or comparable information from a qualified source)that there appears to be sufficient suitable soil
38 within each of the proposed lots to support a septic tank system serving at least a three-bedroom house.
39 When a yield plan meeting the requirements of this subsection has been submitted, the zoning administrator
40 shall confirm this in a letter to the developer, which letter shall indicate the maximum number of dwelling
41 units that can be developed on the tract in accordance with this subsection.
42
43 SECTION 3. Section 15-198 is amended by making the following changes:
44
45 (a) Subsection 15-198(b)is amended by adding two new subsections as follows:
46
.........................._........................._.....-._.....»... ................................._.....� e......f3..............................._.........-..........._....»........................................................
1 (4) The term"primary conservation areas"shall mean:
2
3 a. Areas containing slopes greater than 25%
4
5 b. Hardwood areas identified on the Carrboro Natural Constraints Map
6
7 C. Wetlands as defined pursuant to Section 404 of the Clean Water Act
8
9 d. Floodplains
10
11 e. With respect to streams designated on the adopted Stream Classification Map
12 of Carrboro,those areas within an average perpendicular distance of sixty feet
13 from the edge of the floodway of the stream, if the floodway is designated on
14 the "Flood Boundary and Flood W' prepared by the U.S. Department of
15 Housing and Urban Development, or sixty feet from the centerline of the
16 stream where the floodway is not designated on this map.
17
18 f Lakes and ponds;
19
20 (5) The term"secondary conservation areas"shall mean:
21
22 a. Areas containing slopes greater than 15%but not more than 25%;
23
24 b. Wooded areas other than hardwood areas identified on the Carrboro Natural
25 Constraints Map;
26
27 C. Vistas along entranceways to the town;
28
29 d. Other areas containing unusual natural features (such as major rock
30 formations);
31
32 f. Other environmentally, historically or archaeologically significant or unique
33 areas.
34
35 (b) The first line of subsection 15-198(d) is amended by changing the phrase "50 lots" to "25
36 lots". Subdivision (3) of this same subsection is also amended by adding thereto the following new
37 sentence: "The play fields required by this subsection shall be located such that 90%of the lots or dwelling
38 units within any development that is required to install such play field are within 1,500 feet of a play field
39 installed to meet the requirements of this subsection, unless the developer demonstrates by clear and
40 convincing evidence that adherence to this requirement would not be feasible."
41
42 (c) Subsections 15-198(e) and (f) are repealed Subsection. I5-198(f) shall be shown as
43 "Reserved,"and a new subsection 15-198(e)shall provide as follows:
44
45 (e) Subject to subsection (g), if a tract where a residential development is
46 proposed contains any of the areas defined above as primary conservation areas, then such
............. ..»».....»....»»..............»»»...»..»..»..».............»»...»....... .......... .»
..»...............».....»....»......»..».»....... .»......»......».......................................
.Page 4 of 35
1 areas shall be designated as open space.
2
3 (d) Subsection 15-198(g)is amended to read as follows:
4
5 (g) A developer shall not be required to set aside as open space under the
6 provisions of subsections (d) and (e) more than the minimum required
7 percentage of open space set forth in subsection(c). If the sum total of open
8 space otherwise required under the provisions of subsections (d) and (e)
9 exceeds forty percent of the development tract (twenty percent in the R-2
10 district), then the permit issuing authority shall allow the developer to set
11 aside a smaller area of open space under subsections (d).and(e), individually
12 or collectively, so that the developer is not required to preserve as open space
13 more than forty percent of the development tract (twenty percent in the R-2
14 district). However, if areas that constitute primary conservation areas have
15 not been set aside as open space, then the development plans shall otherwise
16 provide for the preservation of such areas even though they may be located
17 within privately owned lots (e.g. by*specifying buildable areas within
18 individual lots). Notwithstanding the foregoing,hardwood areas identified on
19 the Carrboro Natural Constraints Map that are not set aside as common open
20 space shall be preserved except to the extent that removal of such hardwood
21 trees is necessary to accommodate the permitted uses created out of land not
22 set aside as common open space.
23
24 (e) Subsection 15-198(h)is amended to read:
25
26 (h) If the area of open space required to be preserved under subsections-(d) and
27 (e) does not exceed forty percent(40%) of the area of the development tract(20%in the R-2
28 district), then the permit issuing authority may require that the developer set aside from
29 among the areas that constitute secondary conservation areas as defined above an amount of
30 open space equal to the difference between the amount of open space preserved under
31 subsections (d) and (e) and forty percent (40%) of the development tract (20% in the R-2
32 district).
33
34 (f) Subsection 15-198(b)(3)is amended by adding a new subsection"c"to read as follows:
35
36 (c) Areas used for the growing of crops,such as hay,corn,or vegetables, if and to
37 the extent that such uses occur within an area that is subject to the control of a homeowners
38 association and such uses are approved by the homeowners association.
39
40 SECTION 4. Article IX,Part I,is amended by adding a new Section 15-141.2 to read as follows:
41
42 Section 15-141.2 Village Mixed Use District Established
43
44 (a) There is hereby established a Village Mixed Use (VMCT) district. This district is established
45 to provide for the development of rural new villages at a scale intended to continue Carrboro's small town
46 character as described in its Year 2000 Task Force Report and to promote a traditional concept of villages.
........................».....................................................»........................-..-....»...... .... 3S.............-.-............».............»........-..............»............................... .......
Tage
11 1 1111 qiiig 111
I The applicant for rezoning to this district must demonstrate that its planning, .design and development will
2 achieve,but not necessarily be limited to,all of the following specific objectives:
3
4 1. The preservation of open space, seenic vistas, agricultural lands and natural resources
5 within the Town of Carrboro and its planning jurisdiction and to minimize the
6 potential for conflict between such areas and other land uses,
7
8 2. The creation of a distinct physical settlement surrounded by a protected landscape of
9 generally open land used for agricultural, forest, recreational and environmental
10 protection purposes.
11
12 3. Dwellings, shops, and workplaces generally located in close proximity to each other,
13 the scale of which accommodates and promotes pedestrian travel for trips within the
14 village.
15
16 4. Modestly sized buildings fronting on, and aligned with, streets in a disciplined
17 manner.
18
19 5. A generally rectilinear pattern of streets, alleys and blocks reflecting the street
20 network in existing small villages which provides for a balanced mix of pedestrians
21 and automobiles.
22
23 6. Squares greens, landscaped streets and parks woven into street and block patterns to
24 provide space for social activity,parks and visual enjoyment.
25
26 7. Provision of buildings for civic assembly or for other common purposes that act as
27 visual landmarks and symbols of identity within the community.
28
29 8. A recognizable, functionally diverse,but visually unified village focused on a village
30 green or square.
31
32 9. Development of a size and scale, which accommodates and promotes pedestrian
33 - travel rather than motor vehicle trips within the village.
34
35 10. Compliance with the policies embodied in this chapter for the development of a
36 village mixed use.
37
38 (b) The VMU district shall be a conditional use district authorized under N.C.G.S. 160A-382.
39 As such, property may be placed within this district only in response to a petition by the owners of all the
40 property to be included.
41
42 (c) As indicated in the Table of Permissible Uses,the only permissible use within a VMU district
43 is a village mixed use development,and a village mixed use development is only permissible within a VMU
44 district.
45
46 (d) Property may be rezoned to the VMU district only when the property proposed for such
_. ...»......................................_ .. _.. ._.� .. . _. .�. .......Page 6 of 3.. _.......................».............».................................,.................... .....»........
I rezoning:
2
3 (1) Comprises at least fifty, but not more than two hundred, contiguous acres. For
4 purposes of this subsection, acreage is'not "contiguous" to other acreage if separated
5 by a public street or connected only at a point less than one hundred feet in width; and
6
7 (2) Is so located in relationship to existing or proposed public. streets that traffic
8 generated by the development of 'the tract proposed for rezoning can be
9 accommodated without endangering the public health,safety,or welfare;and
10
11 (3) Will be served by OWASA water and sewer lines when developed;
12
13 (e) No more than 350 gross acres may be rezoned to the VMU district and no more than three
14 villages may be approved.
15
16 (f) Nothing in this section is intended to limit the discretion of the board of aldermen to deny an
17 application to rezone property to a VMU district if it determines that the proposed rezoning is
18 not in the public interest.
19
20 (g) When a VMU rezoning application is submitted (in accordance with Article XX of this
21 ordinance), the applicant shall simultaneously submit either (i) a conditional use permit application for a
22 village mixed use development in accordance with the provisions of Section 15-176.1 of this chapter, or(ii)
23 an application for approval of a master plan for the proposed village mixed use development, in accordance
24 with the following provisions.
25
26 (1) The master plan shall show, through a combination of graphic means and text
27 (including without limitation proposed conditions to be included in the conditional
28 use permit for the proposed development):
29
30 a. The location,types,and densities of residential uses;
31
32 b. The location, types, and maximum floor areas and impervious surface areas
33 for non-residential uses;
34
35 C. The location and orientation of buildings,parking areas,recreational facilities,
36 and open spaces;
37
38 d. Access and circulation systems for vehicles and pedestrians;
39
40 e. How the development proposes to satisfy the objectives of and comply with
41 the regulations applicable to a village mixed use development as set forth in
42 Section 15-176.1 of this chapter;
43
44 f. How the development proposes to minimize or mitigate any adverse impacts
45 on neighboring properties and the environment, including without limitation
46 impacts from traffic and stormwater runoff;and
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........... .
'Page 7 of 35
1
2 g. How the development proposes to comply with the town's "Village Mixed
3 Use and Affordable Housing Vernacular Architectural Standards:'
4
5 (2) The planning board, Northern Transition Advisory Committee, Appearance
6 Commission, Environmental Advisory Board, Transportation Advisory Board (and
7 other advisory boards to which the board of aldermen may refer the application)shall
8 review the proposed master plan or conditional use permit application at the same
9 time it considers the applicant's rezoning request. In response to suggestions made
10 by the planning board(or other advisory boards),the applicant may revise the master
11 plan or conditional use permit application before it is submitted to the board of
12 aldermen.
13
14 (3) If the applicant submits a proposed master plan (rather than a conditional use permit
15 application)with the VMU rezoning application,then:
16
17 a. The rezoning application and master plan proposal shall be reviewed
18 concurrently by the board of aldermen according to the same procedures and
19 in accordance with the same standards applicable to ' other zoning
20 amendments;and
21
22 b. The Board may not approve the VMU rezoning application unless it
23 simultaneously approves the master plan for the development of the property,
24 subject to.such reasonable modifications and conditions as the Board may
25 impose in the exercise of its legislative discretion.
26
27 (4) If the applicant submits a.conditional use permit application (rather than a proposed
28 master plan)with the VMU rezoning application,then:
29
30 a. The rezoning application and conditional use permit application shall be
31 reviewed concurrently by the board of aldermen according to the same
32 procedures and in accordance with the same standards applicable to other
33 conditional use permit applications;and
34
35 b. The Board may not approve the VMU rezoning application unless it
36 simultaneously approves the conditional use permit application for the
37 development of the property,which conditional use permit may be approved
38 subject to reasonable conditions and requirements as set forth in Section 15-
39 59.
40
41 (5) If a VMU rezoning application is approved with a master plan (rather than a
42 conditional use permit), approval of the master plan under this section does not
43 obviate the need to obtain a conditional use permit for the village mixed use
44 development in accordance with the provisions of Section 15-176.1 of this chapter.
45
46 a. In addition to other grounds for denial of a conditional use permit application
-. �... ... - . .... .... ..-.....................................--.._..... .-...........����Qf s.......... ................--......._..._....._..............................................._.............
1 under this chapter, a conditional use permit for a village mixed use
2 development may be denied on the basis that the application is inconsistent
3 with the approved master plan. However, if the conditional use permit is
4 approved,the board of aldermen shall be deemed to have amended the master
5 plan to bring it into conformity with the conditional use permit.
6
7 b. No conditional use permit fora village neighborhood mixed use development .
8 may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for
9 such denial involves an element or effect of the development that has
10 previously been specifically addressed and approved in the master plan
11 approval process, unless (i) it can be demonstrated that the information
12 presented to the board of aldermen at the master plan approval stage was
13 materially false or misleading, (ii) conditions have changed substantially in a
14 - manner that could not reasonably have been anticipated, or (iii) a basis for
15 -denial for reasons set forth in Subsection 15-54(c)(4) is demonstrated by clear
16 and convincing evidence.
17
18 (6) Subject to Subsection 15-141.2(f)(5), a master plan approved under this section may
19. only be amended in accordance with the provisions applicable to a rezoning of the
20 property in question.
21
22 SECTION S. Article XI,Part H is amended by adding a new Section 15-176.2 to read as follows:
23
24 Section 15-176.2 Village Mixed Use Developments
25
26 (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of
27 the tract, or five acres, whichever is less,may be used for purposes permissible in the B-3T or OA districts,
28 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in
29 the remaining provisions of this section, the Master Plan, or the conditional use permit that authorizes the
30 development in question.
31
32 (1) Within the portion of the tract developed for commercial purposes, the regulations
33 (other than use regulations,which are governed by the provisions immediately above)
34 applicable to property zoned B-3T shall apply except as otherwise provided in this
35 section or as otherwise allowed by the board of aldermen in the approval of the
36 Master Plan or conditional use permit for the development.
37
38 (2) The commercial portions of the village mixed use development shall be contained
39 within a "storefront use area." This area shall be designed to provide a variety of
40 retail shops and services to support the day-to-day needs of village residents and other
41 local residents, complemented by other compatible business, civic and residential
42 uses in commercial-type buildings in a manner consistent with a small downtown of
43 or central market place in the community.
44
45 (3) Storefront use areas shall be located so they are easily accessible by pedestrians from
46 as much of the residential areas as possible (preferably within 1,500 feet — a five-......................................................................................._.............-.............................._.........-............
41age 9 of 35
I minute walk). Nonresidential uses that are intended or expected to serve an area
2 beyond the development itself shall be located to the extent practicable to permit
3 vehicular access from outside the development without passing through residential
4 streets.
5
6 (4) Storefront use areas shall be located at least 200 feet from an arterial street and at least
7 one-half mile from the nearest edge of another commercial center.
8
9 (5) Parking areas that serve commercial facilities shall be screened with a Type A screen
10 from the view of public streets located outside the development.
11
12 (6) If and to the extent that dwelling units are constructed above commercial uses in
13 commercial areas, the additional vehicle accommodation area required to
14, accommodate such residential uses shall not be treated as commercial area for
15 purposes of the"cap"on commercial areas established by this section.
16
17 (7) Commercial areas shall surround or be located adjacent to or across the street from a
18 public park, green, or square, which area may be credited as part of the open space
19 required of the development.
20
21 (8) Within the commercial areas authorized under this section, buildings shall be
22 designed and constructed so that each individual enterprise occupies (whether as
23 tenant or owner occupant)an area of not more than 6,000 square feet per floor.
24
25 (b) Portions of the tract not developed in accordance with the provisions of subsection(a) above
26 may be developed in accordance with the provisions of this chapter applicable to property that is zoned R .
27 10,except as those provisions are modified by the provisions of this section or the Master Plan or conditions
28 imposed by the board of aldermen in the issuance of the conditional use permit.
29
30 (1) The number of dwelling units permissible within the entire tract shall be determined
31 in accordance with the provisions of Section 15-182.3 (as adjusted by density bonuses
32 awarded for providing affordable housing under Section 15-182.4), subject to the
33 following:
34
35 a. Areas used for commercial purposes shall not be subtracted from the adjusted
36 tract acreage before determining permissible density;
37
38 b. All dwelling units constructed above commercial uses in commercial areas
39 (e.g. a second story apartment located above a first floor retail store or office)
40 shall be permissible in addition to the number of dwelling units otherwise
41 authorized under this section.
42
43 (2) The residential portions of the development shall contain a mixture of housing types
44 that are generally reflective of the housing types in Carrboro and ownership/rental
45 options so that the development provides housing opportunities for persons within as
46 broad a range of income levels as is feasible. Different housing types and price
..».........»........................»..».....»................».............».. ......»».........»...»..................»......................... ...........................»»»..
gage 10 of 35
1 ranges shall be intermixed rather than segregated.
2
3 a The development shall contain an area known as a."townhouse use area."
4 This area shall be designed to provide for a variety of housing opportunities,
5 including residential buildings such as townhouses and/or apartments in close
6 proximity to the storefront area, and to provide for the flexible'use of such
7 buildings to accommodate compatible business and civic uses which
8 supplement the storefront area The townhouse use area shall be a designated
9 geographic unit generally located along neighborhood streets and adjacent to
10 the storefront area. In approving a conditional use permit for a Village Mixed
11 Use Development, the Board may approve the following uses not generally
12 authorized in an area zoned R-10, subject to such restrictions and conditions
13 relating to locations, use classifications, and other matters as the Board may
14 provide:
15
16 1. Personal or business services
17 2. Office
18 3. Private club
19 4. Restaurant
20 5. Artist studio
21 6. A maximum of 4 guestrooms for lodging
22 7. Medical clinic or facility
23 8. Retail sales, if in conjunction and on the same lot as a home
24 occupation
25
26 b. The development shall also contain a "single-family detached residential use
27 area" designed to provide for single-family detached homes in a residential
28 neighborhood environment. In approving a conditional use permit for a
29 Village Mixed Use Development, the Board may approve the following uses
30 not generally authorized in a single family detached residential area zoned R
31 10, subject to such restrictions and conditions relating to locations, use
32 classifications,and other matters as the Board may provide:
33
34 1. Office, as an accessory use, or for not more than 2 full-time employee
35 equivalents.
36
37 (c) In addition to other applicable use regulations as provided above, lots within the following
38 areas may not be used for the purposes indicated below:
39
40 (1) Storefront use areas:
41
42 a drive-in or through windows
43 b. uses requiring loading or unloading during non-daylight hours.
44
45 (d) In approving a conditional use permit for a village mixed use development, the board of
46 aldermen shall ensure, by approval of a condition, phasing schedule, or otherwise, that the nonresidential
.............................._............................................................................-...........................................................
41age 11 of 35
r _
r
1 portions of the development are occupied only in accordance with a schedule that relates occupancy of such
2 nonresidential portions of the development to the completion of a specified percentage or specified number
3 of phases or sections of the residential portions of the development. The purpose and intent of this provision
4 is to ensure that the approval process for a village mixed use development is not used, intentionally or
5 unintentionally,to create nonresidential uses in areas generally zoned for residential uses except as part of an
6 integrated and well-planned primarily residential development
7
8 (e) The open space provided within a village mixed use development pursuant to Section 15-198
9 shall include areas known as"village conservancy use areas"and"greens,parks,and squares."
10
11 (1) Conservancy use areas are areas designed to create a visual and physical distinction
12 between the development, the surrounding countryside, and any neighboring
13 developments.
14
15 (2) Greens,parks and squares are spatially defined and distributed open spaces within the
16 village mixed use development designed to serve a variety of outdoor leisure and
17 assembly needs of village residents and to enhance the form and appearance of the
18 development
19
20 (3) There shall be a main village green, which shall be centrally located in close
21 proximity to the storefront area as described in subsection (a)(2). Other,.smaller
22 greens shall be dispersed throughout the remainder of the village center in such a way
23 that no lot is more than a walking distance of 1,320 feet from a green, square or park. .
24 The main village green shall be designed to a pedestrian scale and shall be no less
25 than 30,000 square feet in size, while the other, smaller greens, squares and parks
26 shall be no less than 10,000 square feet in size.
27
28 (4) Open space areas set aside in accordance with this section may be used to satisfy the
29 forty percent requirement of subsection 15-198(c). If the areas the developer is
30 required to set aside as open space under Section 15-198 together with the areas
31 required to be set aside under this subsection exceed forty percent of the mixed use
32 development, then the board of aldermen shall allow the developer to set aside less
33 than the one or more of the categories of open space otherwise required under Section
34 15-198 or this subsection so that the developer is not required to preserve as open
35 space more than forty percent of the development tract
36
37 (f) Village Mixed Use Developments shall meet the following objectives with regard to land use
38 arrangement and design criteria:
39
40 (1) Overall Form.
41
42 a. Open space should be designed to follow the natural features whenever
43 possible and to provide for an agricultural, forest and undeveloped character
44 of the land.
45
46 b. The core of the village shall be distinguished from the peripheral, contiguous
_..» _ » . » ..... »........».».»..». .. ».. ..». .... . �afja 1Z of 3S»... .».».....».....»..».»»...»......».».»........»».»...».................»......................
1 open space by a well-defined "hard edge" of dwellings in contrast with the
2 open,largely agricultural,forest and undeveloped character of the open space.
3
4 C. The village should be sited so as to best preserve natural vistas and the
5 existing topography.
6
7 d. The village should be designed in a generally rectilinear pattern of blocks and
8 interconnecting streets and alleys, defined by buildings, street furniture,
9 landscaping,pedestrian ways and sidewalks.
10
11 (2) Spatial Relationships of Various Use Areas and Open Space.
12
13 a. The common, peripheral open space shall surround the village unless
14 explicitly modified upon a finding that unique topographical or other natural
15 features or preexisting boundary conditions require an alternative
16 arrangement. -
17
18 b. Village storefront use and townhouse use areas shall be surrounded by the
19 residential use area or, where applicable, by a combination of residential and
20 civic use areas.
21
22 C. Higher density residential lots should be generally located between the.
23 designated commercial area and lower density residential lots.
24
25 d. The transition between uses shall be blended to avoid a distinct visual
26 segregation.
27
28 (3) Block Design
29
30 a. Blocks of a generally rectangular shape should be the main organizing feature
31 of the village. While topography, existing vegetation, hydrology and design
32 intentions should influence block shape and size, the maximum length for a
33 block is to be four hundred and eighty(480)feet with an allowance for blocks
34 up to six hundred (600) feet when mid-block pedestrian paths or ways are
35 provided No less than one eight-foot pedestrian alley or way must be
36 provided for every two-hundred (200) feet of road frontage in the storefront
37 use area.
38
39 b. The blocks of the village may be subdivided into lots, having frontage on a
40 street, whose generally rectangular shape should respond to environmental
41 factors,the proposed use and design intentions.
42
43 C. Village lots should minimize front and side yards, garage aprons and
44 entrances and blank walls, and should generally have as narrow a width as is
45 practical to encourage pedestrian movement.
46
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Tage 13 of 35
WE
1 d. Each black which includes storefront and narrow frontage townhouse lots
2 shall be designed to include an alley or small clusters of parking,with service
3 access in the rear. Blocks of wide frontage townhouse lots need not be
4 designed to include an alley and rear parking.
5
6 e. Similar land use types shall generally front one another while dissimilar land
7 use types shall generally abut along alleys or rear parking.
8
9 f. Lot layout, path and sidewalk design shall ensure pedestrian access to each
10 lot.
11
12 g. The build-up line specifies a cornice height that establishes the prominent
13 visual dimension of a building and defines its proportion in relation to the
14 street. It should vary, with no more than sixty (60) consecutive feet of the
15 build-up line having a similar cornice or roofline,and be between one and two
16 and one-half stories in height. A two-story build-up line can range from 20 to
17 25 feet above average ground level.
18
19 (4) Storefront and Townhouse use Area Design Components
20
21 a. New multi-family and commercial buildings in storefront and townhouse use
22 areas shall be subject to a maximum front setback (the "build-to" line) in
23 order to maintain a strong sense of streetscape. Such buildings shall generally
24 be of two-story construction (to the so-called "build-up" line) and shall be
25 designed in accordance with the design standards of this chapter and any other
26 applicable standards. To create a defined edge to the viliage's public space,
27 new multi-family or commercial buildings should conform to a consistent
28 setback from the street. Porches for multi-family or townhouse construction
29 can extend beyond the.build-to line. In addition, building faces, as well as a
30 majority of the roof ridgelines should be parallel to the street.
31
32.
33 b. Maximum height regulations are 35 feet and two and a half stories.
34
35 C. Minimum street frontage is 25 feet.
36
37 d. Setback regulations are as follows: Front= no minimum required; maximum
38 is 15 feet; Rear = 20 feet minimum; Side = Zero minimum lot lines are
39 allowed, except at block ends or adjacent to alleys or pedestrian walks as
40 required under block design requirements.
41
42 e. Parking within this area shall be subject to the other parking requirements of
43 this chapter as well as the following:
44
45 1. Non-residential off-street parking shall generally be to the side or the
46 rear, or located within internal parking areas not visible from the
...........-.........-...._....�.»_...-......._...._»..........................-..........-.......-.....SPage 14 of 35 ............_........-..............».................-...«.......-....»....................-......».-.
1 street.
2
3 2. The permit-issuing authority may allow on-street parking spaces along
4 the front property line*(except where there are driveway cuts) to be
5 counted toward the minimum number of parking spaces required for
6 the use on that lot.
7
8 3. On-street parking space shall be designed as either parallel to the curb
9 on both sides`of the street, or diagonal to the street on the storefront
10 side with landscaped breaks serving the pedestrian alleyways.
11
12 4. Off-street parking may be located within 100 feet(measured along a
13 publicly accessible route) from the lot containing the use to which the
14 parking is accessory, if the lot containing the parking is owned or
15 leased to the owner of the principal use, or if the lot containing the
16 parking is dedicated to parking for as long as the use to which it is
.17 accessory shall continue, and it is owned by an entity capable of
18 assuring its maintenance as accessory parking.
19
20 f. All public sidewalks and walkways shall:
21
22 1. Be constructed of brick or concrete with brick borders in such a way
23 that they do not impede accessibility.
24
25 1 Be no less than six feet in;and
26
27 3. Create a completely interconnected network of pedestrian walkways
28 throughout the storefront use and townhouse use areas.
29
30 g. All storefront and townhouse use areas shall contain the following:
31
32 1. At least one trash can of approved design in each block;
33
34 2. Public benches of approved design at bus stops, green spaces, and at
35 intervals of no greater than 50 feet on each block;and
36
37 3. At least one bike rack on each block.
38
39 h. All new construction shall be of similar scale and massing to small-scale,
40 historic buildings in downtown Carrboro.
41
42 i. All roofs shall be topped with low-pitched roofs with articulated parapets and
43 cornices, or pitched roofs where fascias are emphasized and any roof dormers
44 . are functional.
45
46 j. Storefront buildings shall:
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(Page 15 of 35
1
2 1. Include show windows on the ground level. Storefront windows are
3 to be large and traditional in appearance.and are to include low sills
4 and high lintels.
5
6 2. Articulate the line between the ground and upper levels with a cornice,
7 canopy,balcony,arcade,or other visual device.
8
9 3. Include lighting in show windows,which is in conformance with other
10 lighting regulations,herein;
11
12 4. Project lighting on the sidewalk from about eight feet in conformance
13 with other lighting regulations herein;
14
15 5. Present the principal entrance to the sidewalk. Alternatively, if the
16 principle entrance faces onto an interior courtyard, the entrance to the
17 courtyard must be presented to the sidewalk.
18
19 k. The facade of storefront buildings may be separated from the sidewalk surface
20 by a landscaped strip of no greater than three feet, except as necessary to
21 accommodate open-air,food service establishments.
22
23 1. The construction of open colonnades over a sidewalk adjoining storefront
24 buildings may be permitted subject to an appropriate easement over the public
25 right-of-way.
26
27 m. Materials in the exterior of buildings surrounding the greens shall be limited
28 to a diversity of brick textures and colors, with wood being subject to the
29 review of the Appearance Commission and the approval of the permit-issuing
30 authority. Awnings are encouraged. Commercial grade windows and doors
31 shall be used, with wood encouraged and other materials being subject to the
32 review of the Appearance Commission and the approval of the permit-issuing
33 authority.
34
35 n. All signage shall:
36
37 1. Be affixed to building faeade,canopy,or arcade;
38
39 2. Be located within the first story limit;
40
41 3. Be visible to both pedestrians and drivers;
42
43 4. Contain visual street numbers for each building;and
44
45 5. Utilize lighting conforming to applicable regulations.
46
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1 0. Storefront buildings shall have at least 60 percent of their front facade parallel
2 to the street.
3
4 P. The principal entrance shall be from the front sidewalk.
5
6 q.. Storefront buildings fronting on the same street and located on the same block
7 shall be attached,except as necessary to accommodate pedestrian ways.
8
9 r. The street treescape shall require:
10
11 1. The planting of species which branch above 8 feet to facilitate viewing
12 of storefronts and signage.
13
14 2. The planting of trees every 30 feet to 50 feet depending on size so as
15 to create a regular pattern of street trees through the area.
16
17 (5) Residential uses within the single family detached residential use area shall conform
18 to the following requirements:
19
20 a. Lots shall generally be located along local streets and around the perimeter of
21 the combined storefront and townhouse areas and between those areas and the
22 village conservancy district.
23
24 b. The minimum lot width at the building line shall be 40 feet;
25
26 C. Variations in the principal building position and orientation shall be
27 encouraged, but the following minimum standards shall be.observed: Front
28 yard: 15 feet minimum (but 8 feet to front porches or steps) and 25 feet
29 maximum; Rear yard: 30 feet minimum for principal buildings and 5 feet for
30 accessory buildings; Side yard: 20-foot separation for principal buildings,
31 with no side yard less than 5 feet.
32
33 d. The maximum impervious coverage shall be 50 percent on each lot.
34
35 e. The maximum height of buildings shall be 35 feet.
36
37 f. Residential structures shall be designed to reflect Carrboro's vernacular
38 building tradition in accordance with the design standards described in
39 Section 15-141.2 of this chapter.
40
41 g. Accessory dwelling units shall be architecturally integrated as follows:
42
43 1. Accessory dwellings or outbuildings shall be designed to harmonize
44 with the Carrboro vernacular architecture described above.
45
46 2. There shall be a maximum of one accessory dwelling unit (ADt ) per
...............................................................-..........................._.................................................._.......-.................._....._-........-............................... ..............
(Page 17 of 35
1 lot of less than ten(10)acres.
2
3 3. The gross floor area in the ADU shall not exceed 900 square feet.
4
5 4. Exterior fire-exit stairs are prohibited on any side of ADUs except at
6 their rear.
7
8 5. All off-street parking for ADUs shall be located to the side or rear and
9 shall be visually screened from adjoining properties and from all
10 streets.
11
12 (6) Roads and Streets.
13
14 a. Street patterns within the village mixed use shall be a rectilinear network of
15 streets, interconnected with clear, direct, understandable patterns, with
16 variations as needed for topographic and environment and other valid design
17 consideration.
18
19 b. Streets shall be designed generally to:
20
21 1. Parallel and preserve existing fence lines, tree lines, hedgerows and
22 stone walls.
23
24 2. Minimize alteration of naturall site features.
25
26 3. Secure the view to prominent natural vistas.
27
28 4. Minimize the area devoted to vehicle travel:
29
30 5. Promote pedestrian movement so that it is generally more convenient
31 to walk short distances than to drive.
32
33 6. Be aligned so that the"terminal vista" is of open space features, either
34 man-made (greens, commons), natural (meadows, large trees in
35 distance),or a community structure of significance.
36
37 C. With the exception of loop roads, all neighborhood and local streets shall
38 terminate at other streets within the village proper and shall provide
39 connections to existing or proposed through streets or collectors outside the
40 village proper where practical. Loop roads, as defined in this chapter, are
41 specifically allowed.
42
43 d. Sidewalks shall be provided as required in Article X1V of this chapter.
44
45 e. Sidewalk widths shall be at least six feet in retail/commercial areas, and at
46 least five feet in residential,as well as townhouse,areas.
. . . �..._................._....�............. . ...... . ...._ ............................................ ... ........„...................a...a.............................................
SPage 18 of 35
i
1
2 f. A plan for sidewalks and footpaths shall be designed to connect all houses
3 with any of the village's greens and parks.
4
5 (7) Parking.
6
7 a. Off-street parking lots and areas shall generally be located at the rear of
8 buildings.
9
10 b. No off-street parking shall be permitted in the front yards of buildings located
11 in the storefront or townhouse use areas, nor shall off street parking be the
12 principal use of comer lots in these areas.
13
14 C. Any off street parking space or parking lot in a storefront,townhouse, or civic
15 area which abuts a street right-of-way shall be buffered from the right-of-way
16 by a landscaped area no less than 4 feet wide in which is located a continuous
17 row of shrubs no less than 3 1/2 feethigh, or by a wall no less than 4 feet and
18 no more than 6 feet high.
19
20 d. Off street parking in the storefront and narrow frontage townhouse areas shall
21 generally be accessible from an alley only.
22
23 (8) Landscaping
24
25 a. The applicant shall submit a comprehensive landscape master plan for all
26 areas of the village, and village conservancy areas, identifying the location
27 and size of both existing vegetation to be retained and proposed new
28 vegetation, typical planting materials, the phasing of landscape installation
29 and planting methods.
30
31 b. Shade trees shall be provided along each side of all streets, public or private,
32 existing or proposed. Shade trees shall also be massed at critical points, such
33 as at focal points along a curve in the roadway. In locations where healthy
34 and mature shade trees currently exist, the requirements or new trees may be
35 waived or modified
36
37 C. Parking lots larger than 19 spaces and/or 6,000 square feet in size shall have
38 internal landscaping as well as buffering landscaping on the edge of the lot
39
40 d Trees and other plants should be chosen with reference to the list set forth in
41 Appendix E.
42
43 e. Trees and other public landscaping shall be protected by means of suitable
44 barriers.
45
46 f. The method and means for providing quality street trees and other community
....._....._............................................_................................................................
......
gage 19 of 35
1 landscaping such as in village greens,parks,and squares shall be addressed.
2
3 The developer shall be required to post a suitable performance bond to ensure
4 that any tree that dies within eighteen (18) months of planting shall be
5 replaced with the same species and size, and that any tree shall be well
6 maintained, i.e., irrigated and fertilized, for a total of thirty-six (36) months
7 from time of planting. If trees are removed, they shall be replaced with trees
8 of similar size and function.
9
10 SEMON 6. Article XII is amended by adding a new Section I5-182.4 to read as follows.
11
12 Section 15-182.4 Residential Density Bonuses for Affordable Housing
13
14 (a) For purposes of this section,an affordable housing unit means a dwelling unit(i)that is
15 offered for sale at a price that does not exceed two and a half times an amount equal to eighty percent of
16 the annual median income level for a family of four in the Raleigh-Durham-Chapel Hill Metropolitan
17 Statistical Area or is offered for rent at monthly rate that does not exceed an amount equal to 35 percent
18 of the monthly median income level for a family of four in the Raleigh-Durham-Chapel Hill Metropolitan
19 Statistical Area, and(ii)with respect to which the developer has arranged for the affordable housing units
20 to remain affordable as descried herein for a period of not less than 100 years,commencing from the date
21 of initial occupancy of the units,by including provisions to ensure such continued affordability in legally
22 binding agreements(including but not limited to a ground lease,a deed restriction or other covenant)
23 running with the unit. Such agreements shall be reviewed and approved by the Town of Carrboro prior to
24 initial occupancy of the units. The units may not be occupied and the agreements may not be recorded or
25 filed until such agreements are reviewed and approved by the Town of Carrboro, and(iii)that conforms to
26 the town's"Village Mixed Use and Affordable-Housing Vernacular Architectural Standards."
27
28 (b) The maximum residential density permissible within a development whose maximum density
29 would otherwise be determined in accordance with the provisions of subsection 15-182.3(b) shall be
30 increased by two dwelling units for every one affordable housing unit included within the development, up
31 to a maximum of 150% of the density otherwise allowable. To illustrate, if the maximum density of a tract
32 would be 100 dwelling units considering only the provisions of subsection 182.3(6), a developer who chose
33 to construct 10 affordable housing units as part of the development of that tract would be allowed to
34 construct 10 additional dwelling units that did not satisfy the "affordability" criteria set forth in subsection
35 (a),for a total density of 120 dwelling units. In this illustration,the maximum possible density that could be
36 achieved would be 150 dwelling units if the developer constructed at least 25 affordable housing units.
37
38 (c) Within any development that provides affordable housing units,the minimum area that must
39 be set aside as open space to satisfy the requirements of Section 15-198 may be reduced by an amount equal
40 to twice the land area consumed by all such affordable housing units, subject to a maximum reduction of 10
41 percent in the amount of open space otherwise required.
42
43 (d) Affordable housing units constructed in accordance with this section shall be interspersed
44 throughout the development rather than isolated in one area and segregated from the other dwellings that do
45 not satisfy the"affordability"criteria set forth in subsection(a).
46
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hoar-16-99 01:49P Town of Carrboro 919, 968 7737 P.04
1 (e) In approving a special or conditional use permit for a development that proposes to UOM. the
2 density bonus provisions of this section,the permit issuing authority shall ensure,by approval of a condition,
3 phrasing schedule, or otherwise, that affordable housing units are actually provided in accordance with the
4 provisions of this section. Without limiting the generality of the foregoing,the permit issuing;authority may .
5 impose a condition specifying that units"may not be issued until the corresponding affordable housing units
6 are constructed and offered for sale or rent for an amount that is consistent with the definition set forth in
7 subsection(a).
8
9 $KCrIOH 7. Section 15-146 CFable of permissible Uses)is amended by adding anew clasAfiic ation
10 • 32.000 enti tled "Village Mixed Use Development" and by adding the following language across the table
11 opposite this use classification: "Permissible only in Village Mixed Use .Districts (See Section 15-141.2)
12 pursuant to a conditional use permit)."
13
14 Sty MQN 8. Section 15-136 is amended by adding a new subsection(11)to road as follows:
15
16 (11) O/A CU Qfice/Assernbly CotiMcmal Use. This district is identical to the O/A district and
17 shall be subject to all regulations applicable to the O/A district (incluft but not limited to
18 the performance standards set forth in Prat 1 of Article M)except as follows:
19
20 a. This district shall be a conditional use district authorised under N.C.G.S. I60A-382,
21 As such,property may be placed within this district only in response to a petition by
22 the owners of all the property to be included.
2,3
24 b. No more than twenty-five(25)acres may be rezoned to the O/A CU.
25
26
27
2$ C. As indicated in the'rable or'Permissible Uses,the only permissible use within an O/A
29 CU district is an office/assembly planned development, and an office/assembly
30 planned development is permissible only in an O/A CtJ district.
31
32 1. The applicant for an office/assembly planned development conditional use
33 permit shall specify which of the use classifications generally permissible
34 with an O/A district the applicant wants to make permissible within the
35. proposed O/A CU district„
36
37 1 Once a conditional use'permit authorizing an ofI'rce/assernbly planned
38 dmrclopment has been issued, then individual tenants or occupants of the
39 spaces or properties covered by the permit may occupy or use such individual
40 spaces or properties without need for additional :arcing, special use, or
41 conditional use permits, sm long as such use or occupancy is consistent with
42 the approved conditional use permit including limitations on permissible use
43 elassifuartions approved pursuant to subsection 1 above or other conditions or
44 Iimitations imposed as conditions pursuant to Section 15-59.
45
46 3. Uses within the O/A CU district shall be limited to those where loading and
(Mve 21 of-is
1 unloading occurs during daylight.hours only.
2
3 d. When an O/A CU rezoning petition is submitted (in accordance with Article XX of
4 this chapter), the applicant shall simultaneously submit a conditional use permit
5 application for an office✓assembly planned development.
6
7 1. The rezoning and conditional use permit applications shall be processed and
8 reviewed concurrently.
9
10 2. The board of aldermen shall simultaneously conduct a public hearing on the
11 rezoning and conditional use permit applications, in accordance with the
12 procedures applicable to other conditional use permit applications.
13
14 3. if the Board concludes in the exercise of its legislative discretion that the
15 proposed rezoning would not be consistent with the public health, safety, or
16 welfare, it may deny the application in accordance with the same procedures
17 applicable to any ordinance amendment request.
18
19 4. The Board may not approve the rezoning application unless it simultaneously
20 approves a conditional use permit for an office/assembly planned
21 development, which permit may be issued subject to reasonable conditions
22 and requirements a set forth in Section 15-59.
23
24 e. Buildings within the O/A CU district shall comply with the following standards:
25
26 1. Exterior walls shall be constructed of materials commonly used on the
27 exterior walls of single-family residences (such as brick, stone, wood or
28 fabricated residential lap siding made of hardboard or vinyl).
29
30 2. The pitch of the roof shall have a minimum vertical rise of one foot for every
31 two feet of horizontal run.
32
33 3. Windows shall be of a scale and proportion typical of single-family
34 residences.
35
36 SEMON 9. Section 15-146(Table of Permissible Uses)is amended by adding a new classification
37 33.000 entitled "Office/Assembly Planned Development" and by adding the following language across the
38 table opposite this use classifications: "Permissible only in Office/Assembly Conditional Use Districts (see
39 Subsection 15-136(11)pursuant to a conditional use permit)."
40
41 SECTION 10. The first sentence of Subsection 15-325(1) is amended to read as follows: "Except
42 when*the request is to rezone property to a conditional use district, the Board shall not consider any
43 representations made by the petitioner that, if the change is granted, the rezoned property will be used for
44 only one of the possible range of uses permitted in the requested classification."
45
46 SECTION 11. The title of Part 1 of Article M is amended to read "Non-Residential Performance
....-..........-..........._ .. . .._.. .. .... ..... _.. . .... _....-..._................................................-........ --.....,.................. ..........-._......................................
Tagt 22 of 35
1 Standards,"and Section 15-161 is rewritten to read as follows:
2
3 Section 15-161"Good Neighbor"Performance Standards for Non-Residential Uses.
4
5 The provisions of this part are designed to provide performance standards by which applications for
6 non-residential development will be evaluated by the town and by which the actual performance of those
7 operations and uses will be monitored by the town for compliance. The purposes of these performance
8 standards are to protect the town in general,and abutting and neighboring landowners in particular,from any
9 potential negative impacts that new nonresidential uses may have on the physical environment and on the
10 quality of life currently enjoyed by the residents of Carrboro's planning jurisdiction.
11
12 SECTION 12. Section 15-162 is rewritten to read as follows:
13
14 Section 15-162 Smoke,Dust,Fumes,Vapors,Gases,and Odors.
15
16 (a) Emission of smoke, dust, dirt, fly ash, or other particulate matter, or of noxious, toxic or
17 corrosive fumes,vapors,or gases in such quantities as to be evident or perceptible at the property line of any
18 lot on which a use is conducted, or which could be injurious to human health, animals, or vegetation, or
19 which could be detrimental to the enjoyment of adjoining or nearby properties, or which could soil or stain
20 - persons or property, at any point beyond the lot line of the commercial or industrial establishment creating
21 that emission shall be prohibited.
22
23 (b) No use shall be permitted to produce harmful, offensive, or bothersome odors, scents, or
24 aromas (such as, but not limited to, those produced by manufacturing processes, food preparation, food
25 processing, fish sales, rendering, fermentation processes, decaying organic matter, and incinerators)
26 perceptible beyond the property line of the lot where such use is located either at ground level or any
27 habitable elevation.
28
29 (c) The location and vertical height of all exhaust fans, vents, chimneys, or any other sources
30 discharging or emitting smoke, fumes, .gases, vapors, odors, scents.or aromas shall be shown on the
31 application plans,with a description of the source materials.
32
33 SECTION 13. Section 15-165(Odors)is repealed and replaced with a new Section 15-165 to read as
34 follows:
35
36 Section 15-165 Ground Water Sunnly.
37
38 (a) .All outdoor storage facilities for fuel,chemical, or industrial wasters,and potentially harmful.
39 raw materials, shall be located on impervious pavement, and shall be completely enclosed by an impervious
40 dike high enough to contain the total volume of liquid kept in the storage area,plus the accumulated.rainfall
41 of a fifty (50) year storm. This requirement is intended to prevent harmful materials from spilling and
42 seeping into the ground,contaminating the groundwater.
43
44 (b) Non-corrosive storage tanks for heating oil and diesel fuel, not exceeding two hundred
45 seventy five(275) gallons in size,may be exempted from the requirements of this section provided that there
46 is no seasonal high water table within four(4)feet of the surface, and that rapidly permeable sandy soils are
Tage 23 of 3S
I not present.
2
3 SECTION 14. Section 15-243 (Excessive Illumination)is rewritten to read as follows:
4
5 Section 15-243 Excessive Illumination.
6
7 (a) Outdoor lighting (not including sign lighting) shall be controlled in both height and intensity
8 as provided in this section.
9
.10 (b) No development shall be permitted to produce a strong light or reflection of that light beyond
11 its lot lines onto neighboring properties, or onto any street so as to impair the vision of the driver of any
12 vehicle upon such street.
13
14 (c) Light fixtures may not exceed.fifteen(15)feet in height, and luminaries shall be shielded or
15 configured to cast the light downward and to prevent light from shining beyond the lot lines into neighboring
16 properties or public ways. The Permit issuing authority may by condition impose additional requirements as
17 necessary to prevent adverse impacts to adjoining properties and residents.
18
19 (d) Under no circumstances may the light level at the lot line exceed 0.2 foot-candles, measured
20 at ground level
21
22 SECTION 1 S. Subsection A-6 (b)(1 5) is amended to read as follows: "Outdoor illumination with
23 lighting fixtures sufficiently identified to demonstrate compliance with Sections 15-242 and 15-243."
24
25 SECTION 16. Section 15-163 (Noise)is amended by adding the following two sentences at the end
26 of subsection(a): "Noises that exceed the levels set forth below shall be deemed annoying or disruptive.
27 Low frequency noises shall be considered annoying and disruptive if they exceed the decibel levels set forth
28 below when measured without using an A-weighted filter, or if such noises generate a perceptible vibration
29 within structures located beyond the boundaries referenced above."
30
31 SECTION 17. Section 15-50 is rewritten to read as follows:
32
33 Section 15-50 Site Planning,Procedures for Major Subdivisions
34
35 (a) Before submitting an application for a conditional or special use permit for a major
36 subdivision,the applicant shall comply with the requirements of this section.
37
38 (b) The applicant shall submit a site analysis plan drawn approxiinately to scale (linch = 100
39 feet)that contains the following information:
40
41 (1) The name and address of the developer;
42
43 (2) The proposed name and location of the subdivision
44
45 (3) The approximate total acreage of the proposed subdivision,
46
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1 (4) Topographic lines based on maps published by the U.S.Geological Survey;and
2
3 (5) The location of all primary and secondary conservation areas as defined in
4 subsections 15-198(b)(4)and(5).
5
6 (c) After the site analysis plan has been submitted, the planning staff shall schedule a mutually
7 convenient daze to walk the property with the applicant and the applicant's site designer. Designated
8 members of the Planning Board,Northern Transition Advisory Committee, Transportation Advisory Board,
9 and Appearance Commission, shall be notified of the date and time of this"on-site walkabout." The purpose
10 of this visit is to familiarize town officials with the property's special features and to provide an informal
11 opportunity for an interchange of information as to the developer's plans and the town's requirements.
12
13 (d) Prior to the submission of a conceptual preliminary plan as described in subsection (e), the
14 staff shall meet with the developer to discuss how the four-step approach to designing subdivisions described
15 below could be applied to the subject property. This conference may be combined with the on-site
16 walkabout.
17
18 (e) Following completion of the steps described in subsections (b), (c), and (d), the developer
19 shall submit a conceptual preliminary plan of the proposed subdivision, prepared in accordance with the
20 four-step process described in subsection (fl. This plan shall be a preliminarily engineered- sketch plan
21 drawn to illustrate initial thoughts about a conceptual layout for open space, house sites, and street
22 alignments. This is the stage where drawings are tentatively illustrated, before heavy engineering costs are
23 incurred in the design of any proposed subdivision layout. The planning staff shall review this plan and
24 provide comment to the developer on the overall pattern of streets,houselots, open space, and the treatment
25 of primary and secondary conservation areas in light of the applicable requirements of this chapter.
26
27 (f) Each conceptual preliminary plan shall .be prepared using the following four-step design
28 process:
29
30 (1) During the first step, all primary and secondary conservation areas are identified(and
31 shown on the site analysis plan described in subsection(b)).
32
33 (2) During the second step, potential sites are tentatively located. House sites should
34 generally be located not closer than 100 feet from primary conservation areas and 50
35 feet from secondary conservation areas.
36
37 (3) The third step consists of aligning proposed streets to provide vehicular access to each
38 house in the most reasonable and economical way. When lots and access streets are
39 laid out, they shall be located in a way that avoids or at least minimizes adverse
40 impacts on primary and secondary conservation areas. To the greatest extent
41 practicable,wetland crossings and streets traversing existing slopes over 15% shall be
42 strongly discouraged. Street connections shall comply with the provisions of Section
43 15-214.
44
45 (4) The fourth step is to draw in the lot lines.
46
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Page 25 of 35
HIM
1 (g) The conceptual preliminary-plan shall demonstrate that the proposed development will satisfy
2 the following objectives, as more particularly described in the remaining provisions of this chapter:
3
4 1. Protects and preserves all floodplains, wetlands, and steep slopes from clearing,
5 grading, filling, or construction (except as may be approved by the Town for
6 essential infrastructure or active or passive recreation amenities).
7 2. Preserves and maintains mature woodlands, existing fields,pastures, meadows, and
8 orchards, and creates sufficient buffer areas to minimize conflicts between
9 residential and agricultural uses. For example, locating houselots and driveways
10 within wooded areas is generally recommended, with two exceptions. The first
11 involves significant wildlife habitat or mature woodlands which raise an equal or
12 greater preservation concern, ad described in # 5 and # 8 below. The second
13 involves predominantly agricultural areas, where remnant tree groups provide the
14 only natural areas for wildlife habitat.
15 3. If development must be located on open fields or pastures because of greater
16 constraints in all other parts of the site, dwellings should be sited on the least prime
17 agricultural soils, or in locations at the far edge of a field, as seen from existing
18 public roads. Other considerations include whether, the development will be
19 visually buffered from existing public roads, such as by a planting screen consisting
20 of a variety of indigenous native trees, shrubs and wildflowers (specifications for
21 which should be based upon a close examination of the distribution and frequency
22 of those species,found in a typical nearby roadside verge or hedgerow).
23 4. Maintains or creates an upland buffer of natural native species vegetation of at least
24 100 feet in depth adjacent to wetlands and surface waters, including creeks,
25 streams,springs,lakes and ponds.
26 5. Designs around existing hedgerows and treelines between fields or meadows.
27 Minimizes impacts on large woodlands (greater than five acres), especially those
28 containing many mature trees or a significant wildlife habitat,or those not degraded
29 by invasive vines. Also,woodlands of any size on highly erodible soils with slopes
30 greater than 10 percent should be avoided. However, woodlands in poor condition
31 with limited management potential can provide suitable location for residential
32 development. When any woodland is developed,great care shall be taken to design
33 all disturbed areas (for buildings, roads, yards, septic disposal field, etc) in
34 locations where there are no large trees or obvious wildlife areas, to the fullest
35 extent that is practicable.
36 6. Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen
37 from public roadways. (For example, in open agrarian landscapes, a deep, "no-
38 build, no-plant" buffer is recommended along the public roadway where those
39 views or vistas are prominent or locally significant. In wooded areas where the
40 sense of enclosure is a feature that should be maintained, a deep"no-build, no-cut"
41 buffer should be respected,to preserve existing vegetation.
42 7. Avoids siting new construction on prominent hilltops or ridges, by taking
43 advantage of lower topographic features.
44 8. Protects wildlife habitat areas of special species listed as endangered,threatened, or
45 of special concern by the state or federal government.
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Mimi i M=
1 9. Designs around and preserves sites of historic,archaeological, or cultural value, and
2 their environs, insofar as needed to safeguard the character of the feature, including
3 stone walls, spring houses, barn foundations, cellar holes, earthworks, burial
4 grounds,etc.
5 10. Protects rural roadside character and improves public safety and vehicular carrying
6 capacity by avoiding development fronting onto existing public roads. Establishes
7 buffer zones along the scenic corridor of rural roads with historic buildings, stone
8 walls,hedgerows, etc.
9 11. Landscapes common areas (such as community greens), and both sides of new
10 streets with native specie shade trees and flowering shrubs with high wildlife
11 conservation value.
12 12. Provides active recreational areas in suitable locations offering convenient access
13 by residents,and adequately screened from nearby houselots.
14 13. Includes a pedestrian circulation system designed to assure that pedestrians can
15 walk safely and easily on the site, between properties and activities or special
16 features within the neighborhood open space.system. All roadside footpaths should
17 connect with off-road trails, which in turn should link with potential open space on
18 adjoining undeveloped parcels (or with existing open space on adjoining developed
19 parcels,where applicable).
20 14. Provides open space that is reasonably contiguous, and whose configuration is in
21 accordance with the guidelines contained in the Design and Management
22 Handbook for Preservation Areas, produced by the Natural Lands Trust. For
23 example, fragmentation of open space should be minimized so that these resource
24 areas are not divided into numerous small parcels located in various parts of the
25 development. To the greatest extent practicable, this land shall be designed as a
26 single block with logical, straightforward boundaries. Long thin strips of
27 conservation land shall be avoided, unless the conservation feature is linear or
28 unless such configuration is necessary to connect with other streams or trails. The
29 open space shall generally abut existing or potential open space land on adjacent
30 parcels, and shall be designed as part of larger, contiguous, and integrated
31 greenway systems, as per the policies in the Open Space and Recreation section of
32 the Town's Ordinance.
33
34 SECTION 18. Subsection 15-263(a)(2)is amended to read as follows:
. 35
36 (a) All developments shall be constructed and maintained so that they do not cause
37 stormwater-related damage to upstream or downstream properties as provided in the
38 remaining provisions of this section. Compliance with this standard shall be determined in
39 reference to storm events up to the 100-year storm for upstream properties and up to the
40 twenty-five year storm for downstream properties. Effects on downstream drainage
41 facilities within street rights-of-way shall also be evaluated for storm events up to the
42 twenty-five year storm.
43
44
45 1) To achieve this objective,the potential impacts on surface water quantity and
46 quality from all proposed developments requiring special use or conditional use
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Tage 27 of 35
� I
1 permits shall be identified and evaluated by the developer and reviewed by the
2 town engineer,staff and the environmental advisory board. The developer shall
3 implement mitigation measures as are determined to be necessary by the town,
4 based upon the results of this evaluation,to prevent the predicted impacts.
5 Potential impacts to be evaluated may include,but are not limited to,backwater .
6 effects on upstream properties,increased volumes or rates of stormwater flow,
7 offsite sedimentation,erosion and/or-ground-cover loss downstream, increased
8 scouring of any downstream streambed,lowered quality of water due to the
9 pollutants carried in runoff, or any damage that materially injures the value of
10 adjoining or abutting property. The area of study is not limited to the property
I l being developed.
12
13 (2) Prior to consideration by the permit issuing board,the developer shall,through a
14 qualified professional, submit a statement specifically identifying and quantifying any
15 potential negative stormwater effects the proposed development may have on upstream
16 or downstream properties or water quality. The permit issuing authority may require
17 modifications to the stormwater control plans to achieve compliance with the
18 objectives of this section. If and to the extent that the Board does not require changes
19 to the stormwater control system to eliminate any potential negative effects,then such
20 negative effects shall not thereafter be regarded as"damage"for purposes of
21 subsequent enforcement of this section.
22
23 (3) Except as provided in subdivision(2)above, approval by the town of a developer's
24 stormwater control plans,and construction by the developer of the facilities as shown
25 in such plans, shall not relieve the developer of the responsibility of satisfying the"no
26 damage"standard set forth above. If at any time prior to two years following the
27 issuance of a certificate of occupancy(for an unsubdivided development) or the
28 approval of a final plat(for a subdivision)the town determines that the stormwater
29 facilities planned to be installed or actually installed to meet the requirements of this
30 section are inadequate,the town may require the submission of revised plans and the
.31 installation of new, altered, or additional facilities to bring the development into
32 compliance. Prior to issuance of a certificate of occupancy or approval of a final plat,
33 the town may require the developer to post a performance bond or other sufficient
34 surety to guarantee compliance with this section.
35
36 (4)Except as set forth in subdivision(3) above,this section shall impose no obligation on a
37 developer (or any successor to the developer) to modify or alter stormwater facilities
38 installed in accordance with approved plans or to construct new or additional facilities.
39 However, stormwater facilities shall be properly maintained so that they continue to
40 perform as they were designed to perform.* All developments shall be constructed and
41 maintained so that they do not cause damage to other properties with their surface waters.
42
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SP
1
1 SECTION 19. Article XVI is amended by adding a new Section 15-269 to read as follows:
2
3 Section 15-269 Buffers in Northern Transition Area
4
5 (a) The Board finds that:
6 (1) Soil and pollutants carried overland, primarily from roads, trails and land
7 disturbing activities, can be effectively trapped by leaving a relatively
8 undisturbed strip of vegetation parallel and adjacent to the watercourse.
9 (2) Properly managed overland water flow can be directed into this buffer in a
10 manner that will reduce velocity and cause dispersion of the water.
11 (3) Sediments and associated pollutants carried by the water will settle out as a
12 result of this slowing and dispersion process.
13 (b) For purposes of this section,the term"Northern Transition Area"shall mean the
14 Transition Area portion of the Carrboro Joint Development Area as identified in the
15 Joint Planning.Agreement.
16 (c) Development on lots within the Northern Transition Area shall, if any of the
17 watercourses identified below are located in whole or in part within the lots so
18 developed,contain a designated buffer area adjacent to such watercourses. The
19 buffer area boundaries shall be demarcated by a line connecting the points on either
20 side of the watercourse located as follows:
21
22 (1) Bolin Creek and Tributaries (permanent streams flowing into Bolin Creek)
23 as shown on the Northern Transition Area Stream Buffer Map on file in the
24 Carrboro Planning Department, which map is incorporated herein by
25 reference. Measure along a line running perpendicular to the edges of the
26 floodplain(or if no floodplain has been demarcated, the center of the stream)
27 one hundred(100)feet from the edge of the floodplain(or if no floodplain has
28 been demarcated, from the edge of the water) plus an additional distance
29 equal to
30
31 4 x slope x 100
32
33 where slope is expressed as a percentage derived from dividing by 100 the
34 rise of elevation between the floodplain boundary line (or if no floodplain has
35 been demarcated, the edge of the water) and a point one hundred (100) feet
36 from that point along the perpendicular line described above.
37 (2) Intermittent streams flowing into Bolin Creek and its tributaries as shown
38 on the Northern Transition Area Stream Buffer Map. Measure along a line
39 running perpendicular to and sixty(60)feet from the center of the
40 intermittent stream.
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Tage 29 of 35
I
f _
1 (3) Minor intermittent streams as shown on the Northern Transition Area
2 Stream Buffer Map. Measure along a line running perpendicular to and
3 thirty (30)feet from the center of the minor intermittent stream.
4 (d) Subject to subsection(e),the existing natural vegetation in a buffer area designated
5 in accordance with this section shall not be disturbed in any way that would reduce
6 the buffer area's effectiveness in achieving the objectives set forth in subsection(a).
7 In addition,buffer areas from which the vegetative cover does not exist,has been
8 removed, or is inadequate shall be planted or otherwise provided with vegetative
9 cover or devices,sufficient to allow the buffer area to accomplish the objectives set
10 forth in subsection
11
12 (e) Notwithstanding the foregoing provisions, the permit issuing authority may
13 authorize the crossing of a designated buffer area by a street, bikeway, sidewalk,
14 water or sewer line or pump station under the circumstances specified in Subsection
15 15-184(8). In addition,the permit issuing authority may authorize sewer lines to be
16 constructed within buffer areas designated under this section under circumstances
17 where such location is practicably unavoidable if the subject property is to be
18 served under the provisions of Section 15-238(c) and an alternate design would
19 result in greater damage to the environment, so long as such sewer line is located to
20 the extent practicable at least twenty-five feet from the edge of any stream bank.
21
22
23
24 SECTION 20. Subsection 316(c) is deleted and the following subsection (c) is inserted in lieu
25 thereof:
26
27 (c) There shall be no clearcuthng in any development within the Transition Area portion . .
28 of the Carrboro Joint Development Area.as identified in the Joint Planning Agreement. The term
29 "ciearcutting"shall refer to the large-scale,indiscriminate removal of trees, shrubs, and undergrowth
30 with the intention of preparing real property for nonagricultural purposes
31
32 SECTION 21. Article=is amended by adding a new Section 15-312 to read as follows:
33
34 Section 15-312 Protective Buffer Along,Major Roads
35
36 Notwithstanding the provisions of Section 15-308, an undisturbed protective buffer shall be
37 maintained along Old N.C. 86, Dairyland Road, Union Grove Church Road, Homestead Road, Eubanks
38 Road and Smith Level Road south of Ray Road that will help preserve the scenic views and elements of this
39 area. This buffer shall be established by measuring along a line perpendicular to the right-of-way of these
40 roads one hundred (100) feet. If the buffer area does not provide the equivalent of a Type `A' screen, the
41 developer shall provide a Type `A' screen on the development's side of the buffer (one hundred (100) feet
42 from the right-of-way).
43
44 SECTION 22. Appendix E is amended by deleting subsection E-10 (D)(9) ("Wintergreen
45 Barberry")and subsection E-10(F)(10)("Japanese Barberry'l
................................................................................ .-..............................................»..........................................._..._......._.:................._........................................
Page 30 of 35
7
1
2 SECTION 23. Appendix E is amended by adding a new Section E-17 to read as follows:
3
4 E-17 List of Invasive Plant Species
5
6 The following plant species shall be prohibited when complying with the shading and landscaping
7 provisions of this chapter.
8,
Akebia quinata Chocolate vine
Acer ginnala Amur Maple
Acer platanoides Norway Maple
9 All Berberis species including
Berberis julianae Wintergreen Barberry
Berberis thunbergii Japanese Barberry
10 All Cotoneaster species including
Cotoneaster microphyllus Littleleaf Cotoneaster
Cotoneaster horizontalis Rockspray Cotoneaster
Crataegus monogyna Singleseed Hawthorn
Crataegus laevigata English Hawthorn
All Cytisus scoparius Scotch Broom
Eleagnus angustifolia Russian Olive
Eleagnus umbellata Autumn Olive.
Euonymus alatus Winged Euonoymus,Burning Bush
Euonymus japonicus Japanese Euonymus
Hedera helix . English Ivy
11 All Ligustr u .species including
Ligustrurn japonicum Japanese Privet
Ligustrum lucidum Waxleaf Privet
Ligustrum vulgare European Privet
Ligustrum sinense Chinese Privet
Ligustrim x vicari Golden Vicary Privet
Lonicera maackii Bush Honeysuckle
Lonicera nitida Boxleaf Honeysuckle
Lonicem tatarica. Tatarian Honeysuckle
Miscanthus sinensis Eulalia,Maiden Grass
Taxus cuspidata Japanese Yew
Viburnum opulus European Cranber ybush Viburnum
Vinrya major Large Periwinkle
Vinca,minor Common Periwinkle
12
13 SECTION 24. Article III is amended by adding a new Section 15-27 to read as follows:
14
15 Section 15-27 Northern Transition Area Advisory Committee
16
17 (a) There shall be a Northern Transition Area Advisory Committee consisting of five
18 members,three appointed by the Orange County Board of Commissioners and two by the Board of
... ....._............._.........................................................................................................
Page 31 of 35
r 1
1 w.
1
1 Aldermen. If the Board of Commissioners fails to make these appointments within ninety days after
2 receiving a resolution from the Board of Aldermen requesting that they be made,the Board of Aldermen
3 may snake them. All members shall be residents of the Northern Transition Area. For the purposes of this
4 section,the Northern Transition Area shall include those unannexed portions of the Northern Study Area.
5 The Northern Study Area is defined as follows:
6
7
8 The boundaries of this area are Carrboro's joint planning jurisdiction line to the north and
9 Carrboro's Town limits to the south. The Carrboro/Chapel Hill joint planning jurisdiction
10 line serves as the boundary to the east It begins north of Eubanks Road, follows Rogers
11 Road to Homestead, then proceeds southwest on Homestead road to High School Road
12 and finally turns south and east to the railroad right-of-way. A primary ridge line serves
13 as the northwest boundary line just east of Union Grove Church Road down to Dairyland
14 Road,where the road serves as the boundary heading southeast until it intersects, and Old
15 NC 86 serves as the boundary then turning southeast and ninnrng along Hillsborough
16 Road to Greensboro Street
17
18 (b) Members of the committee shall be appointed for three year staggered terms,but members
19 may continue to serve until their successors have been appointed. Initially the terms of all membership
24 seats on the committee shall expire on January 31,2000. Thereafter,one county appointee and one town
21 appointee shall be appointed for three-year terms,one county appointee and one town appointee shall be
22 appointed for two-year terms,and one county appointee shall be appointed for a term of one year. All
23 members shall thereafter be appointed for terms of three years but shall be limited to no more than two
24 consecutive three-year terms.
25
26 (c) The same provisions that govern the removal of planning board members (Subsection 15-
27 21(e))shall apply to committee members.
28
29 (d) The committee shall establish a regular meeting schedule. Minutes shall be kept of all
30 meetings.
31
32 (e) A quorum for the committee shall consist of three members. A quorum is necessary for the
33 committee to take official action.
34
35 (f) All actions of the committee shall be taken by majority vote,a quorum being present.
36
37 (g) The committee shall designate one of its members to serve as chair and one member to serve
38 as vice-chair. These officers shall be selected annually at the committee's first regular meeting in February
39 and shall serve for terms of one year unless their terms of appointment to the committee sooner expire.
40 Vacancies shall be filled for the unexpired terms only. The chair and vice-chair may take part in all
41 deliberations and vote on all issues.
42
43 (h) The committee shall have the following powers and duties:
44
45 (1) Review zoning amendment requests and special and conditional use permit
46 applications for developments within the Northern Transition Area and make
................................................................................................... ..... ......................................................................................».......................................
`Page 32 of 35
11 11 Jill
1 recommendations on the same to the board of adjustment or board of aldermen,
2 respectively.
3
4 (2) Initiate studies related to the special character of the Northern Study Area
5
6 a) Inventory of areas of cultural,archaeological,or historical significance.
7
8 b) Inventory of open space character and scenic qualities.
9
10 c) Inventory of agricultural uses
11
12 1. Land in Use Value
13 a. Horticultural
14 b. Agricultural
15 C. Timber
16
17 2. Farming as business
18 a Large field crops
19 b. Metro farms,specialty crops
20
21 d. Inventory of biological value
22
23 1. Tree species diversity,exceptional tracts of forest land
24
25 2. Rare occurrences(i.e.Upland Depression Swamp)
26
27 3. Wildlife
28 a Audubon annual bird count
29 b. Deer population
30
31 (3) Use the studies above.as the basis of its development of, and recommendations for,
32 additional policies, objectives, goals, plans, ordinances, and administrative actions
33 that will preserve and enhance that special character,and relate to its growth.
34 (4) Develop and recommend to the Board of Aldermen policies, ordinances,
35 administrative procedures and other means for carrying out plans in an efficient and
36 coordinated manner.
37 (5) Track and review other studies and plans that will have an-impact on the Northern
38 Study Area-including those of the Chapel Hill Town Council, The Orange County
39 Board of County Commissioners and their appointed committees—and give feedback
40 to the originating governing body.
41 (6) Meet annually with the Carrboro Planning Board for a joint planning session.
42 (7) Submit regular reports to the Orange County Board of Commissioners
43 (8) Perform other duties as assigned by the Board of Aldermen.
44
45 SEcnoN 25. Article XVIII is amended by adding a sentence to Section 15-291(f)as follows:
46
......._........................................................................._..........._............................................................._...
........................................................... ........ ..............................
Qlage 33 of 35
I "In addition, the Board of Aldermen.may authorize a reduction of up to 25 percent in the
2 parking requirement when approving a Village Mixed Use Master Plan or Conditional Use
3 Permit or an Office/Assembly development Conditional Use Permit. Land necessary to meet
4 the full, presumptive, parking requirement must be identified during the plan approval
5 process and must be reserved should the need for additional parking arise in the fixture."
6
7 SECTION 26. A new appendix (J) is added to the Land Use Ordinance. This appendix provides
8 examples of noise-generators.
9
10 SECTION 27, A new section is added to Article XI,Supplementary Use Regulations,as follows:
11
12 Section 15-177 Architectural Standards for Major Subdivisions
13
14 (a) The following standards shall apply to all subdivisions of 5 or more units and shall pertain to
15 90%of the dwelling units in the subdivision.
16
17 (1) Porches shall span 80 percent of the front fagade.
18
19 (2) Roofs shall be as follows:
20 a. Main roof pitch—10/12 to 12/12
21 b. Lower roof pitches—3/12 to 4/12
22 e. Roofs shall have a minimum overhang of sixteen(16)inches on all eaves and
23 gables.
24
25 (3) Clapboard or shingle siding shall have a four and a half to five and a half-inch
26 exposure.
27
28 (4) Wmdows shall have a vertical to horizontal proportion of not less than two to one.
29
30 (S) Trim details— Columns, vents, gables, and other details should reflect details in the
31 "Village Mixed Use and Affordable Housing Vernacular Architectural Standards."
32 (Section 15-141.2).
33
34 (6) Any chimney must be located within the body of the house.
35
36 (7) Garage doors shall be nine(9)feet wide or under. Door shall not face the street.
37
38 SECTION 28. All provisions of any town ordinance in conflict with this ordinance are hereby
39 repeals.
40
41 SECTION 29. This ordinance shall become effective upon adoption.
42
43 THE FOREGOING ORDINANCE, HAVING BEEN SUBMITTED TO A VOTE, RECEIVED THE FOLLOWING VOTE
44 AND WAS DULY ADOPTED THIS DAY OF ,1998.
45
46 AYES:
»».» »»»».»..»...»..».....».»............»...»....» .».»».......».......»........» .... 34 .. . ....»....»...........................................................
»............................».....».
Tage
1 NOES:
2 ABSENT/EXCUSED:
•
.................................................................................w_......................... _........................................
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Now,e
ORANGE COUNTY BOARD OF COMMISSIONERS
Meeting Dates May 4y 1939
Agenda Item 7a.
ADDENDUM TO THE ,
CARRBORO LAND USE ORDINANCE
SUBCOMMITTEE REPORT
The Board of County Commissioners may wish to consider the following subcommittee
recommendation;
The committee also recommends that only one Vim,Mixed
Use(VMU)district be under building construction as noted in
the following percentages unto the next trMU can proceed for
building construction.
VMV Project Size %Complete Range of Acres Complete
before Next Project
50-100 acres 80 40-80
102-150 acres 70 70-105
151-200 acres 60 90-120
NOTE: This additional recommendation was brought to,staffs attention as being part of
the subcommittee discussion.
This condition would create phasing of projects to spread the impacts of
potentially large scale projects over a period of time.
9. Administration recommends that a section of the Carrboro Land Use
Ordinance be reserved for Transfer of Development Rights.
)TAV bt�
Administration
Comprehensive Recommendgt on requests Carrboro ' corporate the aloressid
recommendations into the text of hind use ordinan -and resubmit to County
Attorney,and Planning Director for consistency view. Carrboro is to resubmit
revised ordinance by May 43,1999 so the revi and consistency determination coon
be made or a Board of County Commissioners.feting,can be held if necessary.
gAcm*\add=4=\5*9914g
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No.
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 20, 1999
SUBJECT: PROPOSED AMENDMENTS TO THE CARRBORO LAND USE ORDINANCE
RELATED TO IMPLEMENTATION OF TBE FACILITATED SMALL AREA PLAN
.A
DEPARTMENT: PLANNING PUBLIC HEARING: (Y/N)
ATTACHMENT(S): INFORMATION CONTACT:
See next page for attachment outline Craig Benedict or Gene Bell
TELEPHONE NUMBERS: --ext. 2592/2589
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: Additional consideration and decision of proposed amendments to the Carrboro Land
Use Ordinance related to implementation of the Facilitated Small Area Plan for the Northern Study
Area.
BACKGROUND: On March 30, 1999, a joint work session was held with the Carrboro Board of
Aldermen to consider proposed amendments to the Carrboro Land Use Ordinance related to
implementation of the Facilitated Small Area Plan for the Northern Study Area. The joint staffs
were directed to confer on items needing additional clarification and report back. The joint planning
staffs met on April 13 to discuss the three primary and three secondary issues on the attached
outline of major issues.
Carrborc, planning staff will address the primary issues noted on the Outline of Major Issues on
April 20. Orange County planning staff will address the secondary issues which have been resolved
by exchange of information about existing and proposed ordinances. The attached response from
Carrboro addresses the secondary issues.
FINANCIAL IMIZACT: None.
RECOMMENDATON(S): The Administration recommends that the Board reach a decision on as
many aspects of the ordinance as possible. Any remaining issues can be concluded on May 4
before the review extension deadline of May 14, 1999.
2
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 20, 1999
SUBJECT: PROPOSED AMENDMENTS TO THE CARRBORO LAND USE
ORDINANCE RELATED TO IMPLEMENTATION OF THE FACILITATED
SMALL AREA PLAN
ATTACHMENT OUTLINE
PAGE
1. Outline of Major Issues (New Material) 3
2. County Attorney March 30, 1999 Letter 4-6
Regarding Conditional Use as Master Planning
3. Excerpts from Carrboro Land Use Ordinance 7-12
Regarding Major Issues
4. Carrboro Planning Staff April 13, 1999 Response Report 13-17
To Orange County Planning Report of March 20, 1999
(New Material)
PREVIOUS MATERIAL
5. Orange County Planning Staff March 20, 1999 Report 18-24
Regarding A)Northern Study Area Plan—Ordinance Consistency
B)Northern Study Area Plan—Recommendations
Not Reflected in Ordinance
6. Carrboro Planning Staff March 16, 1999 Report 25-28
Report Regarding Norther Study Area Implementation Ordinance
3
Carrboro, Northern Study Area
Outline of Major Issues
I. Primary Issues
A. County Involvement in the Development Review Process (see
attached letter from County Attorney)
1. Conditional Use Process (Section 15-141.2(b)(g)(2)(4)
2. Master Planning Process (Section 15-141.2(g)(1)(2)(3)(5)(6)
B. Office/Assembly (O/A) District (minimum size) (Section 15-36(11))
C. Village Mixed Use (VMU) Districts
1. Density
2. Location
Secondary Issues
A. Greenway Connectivity—Through Rural Buffer into County
Plan
B. Transportation Plan— To Support Villages
C. Park Master Plan—Dedication Requirements
III: Future Issues
A. Transfer of Development Rights (TDR)
4
LAW OFFICES
COLEMAN, GLEDHILL HARGRAVE
A PROFESSIONAL CORPORATION
129 L TRYON snumT
P.O.DRAWER 1529
HILLSBOROUGH,NORTH CAROLINA 27275
919-732-21% FROWM DESK Of
FAX 919-732-7997 GEOFFREY E.GLEDHML
March 30, 1999
Alice M. Gordon, Chair
Margaret W. Brown
Moses Carey, Jr.
Stephen Halkiotis
Barry Jacobs
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: implementation of Recommendation of the Small Area
Plan for Carrboro's Northern Study Area - Proposed
NSA ordinance
Dear Board Members:
I have spent some time studying the 'ordinance Amending the
Carrboro Land Use Ordinance to Implement the Recommendations of
the Facilitated Small Area Plan for Carrboro's Northern Study
Area, the so-called "NSA ordinance. " This ordinance was formally
transmitted to Orange County on February 19, 1999. 1 have also
reviewed the March 16, 1999 Carrboro staff report to the
Carrboro Board of Aldermen and the undated Orange County
Planning staff comments to you concerning consistency between
the NSA ordinance and the amended Joint Planning Area Land Use
Plan. My first observation is that I think that the Planning
staff did an excellent job in highlighting the consistency
issues.
The second observation that I have is that it is impossible
to make a' Land Use Plan consistency review with the information
transmitted to Orange County on February 19, 1999 . This is
because the NSA ordinance is structured like a piece of
legislation, containing section numbers which are not in
themselves part of the Carrboro Land Use Ordinance. Each section
amends one or more of the sections of the Carrboro Land Use
Ordinance by reference to the ordinance sections amended.
Therefore, without having the Carrboro Land Use Ordinance in
5
Orange County Board of Commissioners
Page 2
March 30, 1999
front of you when reviewing the NSA ordinance, it is not
possible to capture .the full sense and impact of the NSA
ordinance. Those of you who want to read the NSA ordinance and
draw your own conclusions about it will need. the existing
Carrboro Land Use Ordinance to do so.
My review focused principally on "big picture" issues. I
noted several editing ideas that I will share with the County
Planning Director for communication to his Carrboro counterpart.
However, there is one 'big picture" point that I want to make at
this time.
*Section 4 of the NSA ordinance adds a section to the
Carrboro Land Use ordinance establishing village mixed use
districts and providing the process for the creation of a
village mixed use district. As you know, the village mixed use
districts can be created anywhere in the NSA and will require
both a legislative decision to create the zoning district and a
conditional use permit decision. In other words, these districts
will be conditional use zoning districts. However, Section 4 of
the NSA ordinance introduces a concept that had not previously
been discussed by the Board of County Commissioners. That
concept is master planning. , Under the master plan concept the
Board of Aldermen will consider concurrently the rezoning
application* and the master plan proposal. At that point the
legislative decision making is completed. Thereafter, a master
.planned village proposal goes through the conditional use permit
process. However, it *appears from the way the ordinance is
drafted that the conditional use permit process will be wholly
administrative, not concurrent with the legislative rezoning
process and presumably will not involve the Orange County Board
of Commissioners.
In summary, the NSA ordinance permits someone applying with
a village mixed use proposal to follow one of two paths. The
first path would be to file a rezoning application and
simultaneously file a conditional use permit application for the
village mixed use development. In that case, the rezoning
application and the conditional use permit application would be
reviewed concurrently by the Board of Aldermen and by the Orange
County Commissioners and would include a joint public hearing on
both applications. The second path the developer could follow
would be to submit an application for the rezoning of the
property and an application for a master plan proposal. In that
case, the rezoning application and the master plan application
would be reviewed concurrently by the Board of Aldermen and by
the Orange County Commissioners and would include a joint public
hearing involving the Board of County Commissioners and the
Board of Aldermen. The difference in the two paths is
6
Orange County Board of Commissioners
Page 3
March 30, 1999
significant. The master plan path takes Orange County out of the
conditional use permit process. The conditional use permit path
involves Orange County in the conditional use permit process.
The master plan approach may not be consistent with the
Board's view about its role in the village mixed use conditional
use districts. You'll recall that the Joint Planning Agreement
was amended to provide for a - joint public hearing for
conditional use zoning applications and to provide that no
village mixed use conditional use and no office assembly
.conditional use' zoning classifications can be made until an
ordinance approving the zoning map amendment has been approved
by Orange County. I think the Board envisioned that the
administrative special use permit process and decision would be
coupled with the legislative zoning process and decision in all
cases and both would be part of the joint public hearing. The
master plan concept clearly separates, in time and in
responsibility, the legislative rezoning process from the
administrative special use permit process.
Very truly yours,
C COLEMAN, LEDHILL HARGRAVE, P.C.
OLE: LEDIIILL
GEG/lsg
xc: Craig Benedict
John M. Link, Jr.
mydocuments/bdofcom27.ltr.
The office assembly conditional use district process in the NSA ordinance
does not include a master plan concept.
EXCERPTS OF MAJOR ISSUES
1 areas shall be designated as open space.
2
3 (d) Subsection 15-198(g)is amended to read as follows:
4
5 (g) A developer shall not be required to set aside as open space under the
6 provisions of subsections (d) and (e) more than the minimum required
7 percentage of open space set forth in subsection(c). If the sum total of open
8 space otherwise required under the provisions of subsections (d) and (e)
9 exceeds forty percent of the development tract (twenty percent in the R-2
10 district), then the permit issuing authority shall allow the developer to set
11 aside a smaller area of open space under subsections (d) and(e), individually
12 or collectively, so that the developer is not required to preserve as open space
13 more than forty percent of the development tract (twenty percent in the R-2
14 district). However, if areas that constitute primary conservation areas have
15 not been set aside as open space, then the development plans shall otherwise
16 provide for the preservation of such areas even though they may be located
17 within privately owned lots (e.g. by specifying buildable areas within
18 individual lots). Notwithstanding the foregoing,hardwood areas identified on
19 the Carrboro Natural Constraints Map that are not set aside as common open
20 space shall be preserved except to the extent that removal of such hardwood
21 trees is necessary to accommodate the permitted uses created out of land not
22 set aside as common open space.
23
24 (e) Subsection 15-198(h)is amended to read:
25
26 (h) If the area of open space required to be preserved under subsections (d) and
27 (e)does not exceed forty percent(40%)of the area of the development tract(20%in the R-2
28 district), then the permit issuing authority may require that the developer set aside from
29 among the areas that constitute secondary conservation areas as defined above an amount of
30 open space equal to the difference between the amount of open space preserved under
31 subsections (d) and (e) and forty percent (40%) of the development tract (20% in the R-2
32 district).
33
34 (f) Subsection 15-198(b)(3)is amended by adding a new subsection"d'to read as follows:
35
36 (c) Areas used for the growing of crops,such as hay,corn,or vegetables,if and to
37 the extent that such uses occur within an area that is subject to the control of a homeowners
38 association and such uses are approved by the homeowners association.
39
40 SEcnow 4. 14rdcle IX,Part I,is amended by adding a new Section 15-141.2-to read as follows:
Al -V
Section 15-14I 2 Villaa¢e Mixed Use District Established
43 _
44 (a) There is hereby established.a Village Mixed Use (VMU) district. This district is established
45 to provide for the development of rural new villages at a scale intended to continue Carrboro's small town
46 character as described in its Year 2000 Task Force Report and to promote a traditional concept of villages.
fte 5 of 35
8
1 The applicant for rezoning to this district must demonstrate that its planning, design and development will
2 achieve,but not necessarily be limited to,all of the following specific objectives:
3
4 1. The preservation of open space, seenic vistas, agricultural lands and natural resources
5 within the Town of Carrboro and its planning jurisdiction and to minimize the .
6 potential for conflict between such areas and other land uses;
7
8 2. The creation of a distinct physical settlement surrounded by a protected landscape of
9 generally open land used for agricultural, forest, recreational and environmental
10 protection purposes.
11
12 3. Dwellings, shops, and workplaces generally located in close proximity to each other,
13 the scale of which accommodates and promotes pedestrian travel for trips within the
14 village.
15
16 4. Modestly sized buildings fronting on, and aligned with, streets in a disciplined
17 manner.
18
19 5. A generally rectilinear pattern of streets, alleys and blocks reflecting the street
20 network in existing small villages which provides for a balanced mix of pedestrians
21 and automobiles.
22
23 6. Squares greens, landscaped streets and parks woven into street and block patterns to
24 provide space for social activity,parks and visual enjoyment.
25
26 7. Provision of buildings for civic assembly or for other common purposes that act as
27 visual landmarks and symbols of identity within the community.
28
29 8. A recognizable, functionally diverse,but visually unified village focused on a village
30 green or square.
31
32 9. Development of a size and scale, which accommodates and promotes pedestrian
33 travel rather than motor vehicle trips within the village.
34
35 10. Compliance with the policies embodied in this chapter for the development of a
36 village mixed use.
37
38 (b) The VMU district shall be a conditional use district authorized under N.C.G.S. 160A-382.
39 As such, property may be placed within this district only in response to a petition by the owners of all the
40 property to be includLd.
41
42 (c) As indicated in the Table of Permissible Uses,the only permissible use within a VMU district
43 is a village mixed use development,and a village mixed use development is only permissible within a VMU
44 district.
45
46 (d) Property may be rezoned to the VMU district only when the property proposed for such
4'age 6 of 35
9
. »
i rezoning:
2
3 (1) Comprises at least fifty, but not more than two hundred, contiguous acres. For
4 purposes of this subsection, acreage is'not"contiguous"to other acreage if separated
5 by a public street or connected only at a point less than one hundred feet in width;and
6
7 (2) Is so located in relationship to existing or proposed public streets that traffic
8 generated by the development of the tract proposed for rezoning can be
9 accommodated without endangering the public health,safety,or welfare;and
10
11 (3) Will be served by OWASA water and sewer lines when developed;
12
13 (e) No more than 350 gross acres may be rezoned to the VMU district and no more than three
14 villages may be approved.
15
16 (f) Nothing in this section is intended to limit the discretion of the board of aldermen to deny an
17 application to rezone property to a VMU district if it determines that the proposed rezoning is
18 not in the public interest.
19
20 (g) When a VMU rezoning application is submitted (m accordance with Article XX of this
21 ordinance), the applicant shall simultaneously submit either (i) a conditional use permit application for a
22 village mixed use development in accordance with the provisions of Section 15-176.1 of this chapter, or(ii)
23 an application for approval of a master plan for the proposed village mixed use development, in accordance
24 with the following provisions.
25
26 (1) The master plan shall show, through a combination of graphic means and text
27 (including without limitation proposed conditions to be included in the conditional
28 use permit for the proposed development):
29
30 a. The location,types,and densities of residential uses;
31
32 b. The location, types, and maximum floor areas and impervious,surface areas
33 for non-residential uses;
34 _
35 c. The location and orientation of buildings,parking areas,recreational facilities,
36 and open spaces;
37
38 d. Access and circulation systems for vehicles and pedestrians;
39
40 ':e. 14ow the development proposes to satisfy the objectives of and comply with
41 the regulations applicable to a village mixed use development as set forth in
42 Section 15-176.1 of this chapter,
43
44 f. How the development proposes to minimize or mitigate any adverse impacts
45 on neighboring properties and the environment, including without limitation.
46 impacts from traffic and stormwater runoff;and
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2 g. How the development proposes to comply with the town's "Village Mixed
3 Use and Affordable Housing Vernacular Architectural Standards.")
4
5 (2) The planning board, Northern Transition Advisory Committee, Appearance
6 Commission, Environmental Advisory Board, Transportation Advisory Board (and
7 other advisory boards to which the board of aldermen may refer the application) shall
8 review the proposed master plan or conditional use permit application at the same
9 time it considers the applicant's rezoning request. In response to suggestions made
10 by the planning board(or other advisory boards),the applicant may revise the master
11 plan or conditional use permit application before it is submitted to the board of
12 aldermen.
13
14 (3) If the applicant submits a proposed master plan (rather than a conditional use permit
15 application)with the VMU rezoning application,then:
16
17 a. The rezoning application and master plan proposal shall be reviewed
18 concurrently by the board of aldermen according to the same procedures and
19 in accordance with the same standards applicable to other zoning
20 amendments;and
21
22 b. The Board may not approve the VMU rezoning application unless it
23 simultaneously approves the master plan for the development of the property,
24 subject to such reasonable modifications and conditions as the Board may
25 impose in the exercise of its legislative discretion.
26
27 (4) If the applicant submits a conditional use permit application (rather than a proposed
28 master plan)with the VMU rezoning application,then:
29
30 a. The rezoning application and conditional use permit application shall be
31 reviewed concurrently by the board of aldermen according to the same
32 procedures and in accordance with the same standards applicable to other
33 conditional use permit applications;and
34 _
35 b. The Board may not approve the VMU rezoning application unless it
36 simultaneously approves the conditional use permit application for the
37 development of the property, which conditional use permit may be approved
38 subject to reasonable conditions and requirements as set forth in Section 15-
39 59.
40 -r
41 (5) -if a VMU rezoning application is approved with a master plan (rather than a
42 conditional use permit), approval of the master plan under this section does not
43 obviate the need to obtain a conditional use permit for the village mixed use
44 development in accordance with the provisions of Section 15-176.1 of this chapter.
45
46 a. In addition to other grounds for denial of a conditional use permit application
mage 8 of 35 -
11
1 under this chapter, a conditional use permit for a village mixed use
2 development may be denied on the basis that the application is inconsistent
3 with the approved master plan. However, if the conditional use permit is
4 approved,the board of aldermen shall be deemed to have amended the master
5 plan to bring it into conformity with the conditional use permit.
6
7 b. No conditional use permit for a village neighborhood mixed use development
8 may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for
9 such denial involves an element or effect of the development that has
10 previously been specifically addressed and approved in the master plan
11 approval process, unless (i) it can be demonstrated that the information
12' presented to the board of aldermen at the master plan approval stage was
13 materially false or misleading, (n) conditions have changed substantially in a
14 manner that could not reasonably have been anticipated,. or (iii) a basis for
15 denial for reasons set forth in Subsection 15-54(c)(4)is demonstrated by clear
16 and convincing evidence.
17
18 (6) Subject to Subsection 15-141.2(fl(5), a master plan approved,under this section may
19 only be amended in accordance with the provisions applicable to a rezoning of the
20 property in question.
21
22 SECTION S. Article M,Part U is amended by adding a new Section 15-176.2 to read as follows:
23
24 Section 15-176.2 Village Mixed Use Developments
25
26 (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of
27 the tract, or five acres,whichever is less,may be used for purposes permissible in the B-3T or OA districts,
28 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in
29 the remaining provisions of this section, the Master Plasm, or the conditional use permit that authorizes the
30 development in question.
31
32 (1) Within the portion of the tract developed for commercial purposes, the regulations
33 (other than use regulations,which are governed by the provisions immediately above)
34 applicable to property zoned B-3T shall apply except as otherwise provided in this
35 section or as otherwise allowed by the board of aldermen in the approval of the
36 Master Plan or conditional use permit for the development.
37
38 (2) The commercial portions of the village mixed use development shall be contained
39 within a "storefront use area." This area shall be designed to provide a variety of
40 :.';etail shops and services to support the day-today needs of village residents and other
41 -local residents, complemented by other compatible business, civic and residential
42 uses in commercial-type buildings in a manner consistent with a small downtown of
43 or central market place in the community.
44
45 (3) Storefront use areas shall be located so they are easily accessible by pedestrians from
46 as much of the residential areas as possible (preferably within 1,500 feet -- a five-
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12
1 (e) In approving a special or conditional use permit for a development that proposes to utilize the
2 density bonus provisions of this section,the permit issuing authority shall ensure,by approval of a condition,
3 phasing schedule, or otherwise, that affordable housing units are actually provided in accordance with the
4 provisions of this section. Without limiting the generality of the foregoing,the permit issuing authority may
5 impose a condition specifying that units"may not be issued until the corresponding affordable housing units
6 are constructed and offered for sale or rent for an amount that is consistent with the definition set forth in
7 subsection(a).
8
9 SECTION 7. Section 15-146 (Table of Permissible Uses) is amended by adding a new classification
10 32.000 entitled "Village Mixed Use Development'' and by adding the following language across the table
11 opposite this use classification: "Permissible only in Village Mixed Use Districts (See Section 15-141.2)
12 pursuant to a conditional use permit)."
13
14 SECTION S. Section 15-136 is amended by adding a new subsection(11)to read as follows:
15
16 (11) O/A CU OfficelAssem&Conditional Use. This district is identical to the O/A district and
17 shall be subject to all regulations applicable to the O/A district (including but not limited to
18 the performance standards set forth in Part 1 of Article XI)except as follows:
19
20 a. This district shall be a conditional use district authorized under N.C.G.S. 160A-382.
21 As such, property may be placed within this district only in response to a petition by
22 the owners of all the property to be included.
23
24 b. There shall be no minimum size for this district and no single, contiguous tract in
25 excess of five (5) acres may be rezoned to a O/A CU district. No more than twenty-
26 five(25)acres may be rezoned to the O/A CU.
27
28 C. As indicated in the Table of Permissible Uses,the only permissible use within an O/A
29 CU district is an officelassembly planned development, and an office/assembly
30 planned development is permissible only in an O/A CU district.
31
32 1. The applicant for an officelassembly planned development conditional use
33 permit shall specify which of the use classifications generally permissible
34 with an O/A district the applicant wants to make permissible within the
35 - proposed O/A CU district.
36
37 2. Once a conditional use permit authorizing an office/assembly planned
38 development has been issued, then individual tenants or occupants of the
39 spaces or properties covered by the permit may occupy or use such individual
40 spaces or properties without need for additional zoning, special use, or
41 conditional use permits, so long as such use or occupancy is consistent with
42 the approved conditional use permit including limitations on permissible use
43 classifications approved pursuant to subsection 1 above or other conditions or
44 limitations imposed as conditions pursuant to Section 15-59.
45
46 3. Uses within the O/A CU district shall be limited to those where loading and
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APRIL 13, 1999 REPORT
TOWN OF CARUORO PLANNING STAFF
RESPONSES TO ORANGE COUNTY PLANNING STAFF COMMENTS
"PLAN RECOMMENDATIONS NOT REFLECTED IN PROPOSED ORDINANCE AMENDMENTS"
O.C. NSA Plan Comment/Content/ Response(NSA Ordinance Section Reference is underlined,if applicable)
Comment Section f., Page Issue/Goal
6 improved This idea is addressed in the draft NSA Ordinance, Sections 2 and 3. Section 2
Quantity/Quality of establishes a net density procedure per implementation measure 1.1. Section 3
Conservation Lands establishes a procedure that conserves primary conservation areas,regardless of the
extent to which a property is constrained, and specifies additional ranked categories
of secondary conservation areas.
2 1 6 Require conservation This idea is addressed in ordinance Sections 3 and 17 Section 3 addresses this
lands to interconnect. issue in a broad fashion in that it identifies required open space categories and
where these are preserved on adjacent parcels of land, they will by necessity be
interconnected. Section 17 includes 14 objectives that preliminary development
plans(for all subdivisions greater than 5 units)must address. Objective 14 includes
the following language "Provides open space that is reasonably contiguous.... The
open space shall generally abut existing or potential open space land on adjacent
parcels, and shall be designed as part of larger, contiguous and integrated greenway
systems...."
3 4 47 Neighborhood Mixed This idea is .addressed in Sections 4 and 5. VMU Conditional Use district and
Use specified design and architectural standards allow development as noted.
4 4 49 Community Mixed Use This illustration was prepared by original work group as an example of a larger
scale mixed-use type of development. To the extent possible, the concept is
incorporated into the VMU, however, only a 5-acre commercial area would be
permitted and a central green of 12 acres in size would make it difficult to provide
peripheral,contiguous open space,as described in Section 5.
5 5 58 Attract developers who This idea is expanded upon within the text of the measure, as follows: "Developers
have successfully built of these mixed-use, village-style areas, as well as other potential developers, could
mixed-use and clustered be approached by Carrboro officials." It did not seem necessary or appropriate to
developments. include this measure within the Land Use Ordinance, although the Board of
Aldermen could adopt a resolution affirming their desire/interest in contacting
developers.
O.C. NSA Plan, Comment/Content/ Response(NSA Ordinance Section Reference is underlined,if applicable)
Comment Section# Page# Issue/Goal
6 5 58 Provide incentive-_s-to This measure proposes tax breaks, higher allowed densities, or an expedited
commercial and office permitting process as incentives to catalyzing business interest in neo-traditional
businesses that locate in developments. Section 5 allows free residential units (from a density perspective)
neo-traditional above commercial space and allows commercial areas to be included in density
developments. calculations. Tax breaks for businesses are not allowed under NC Constitution and
I expedited permitting is typically a procedural matter.
7 5 59 Prohibit land uses i,-n Carrboro Land Use Ordinance is centered on a table of permissible us-es (TPU).
activities that would use New,non-residential uses that will be allowed in the study area are based on those
large quantities of water. allowed in the Transition Area Business (B-3-T) and Office/Assembly (O/A)
zoning districts. Permitted uses in these zones that might require large quantities of
water include manufacture/assembly, -skating rinks and swimming pools, and
laundromats. An existing ordinance provision (Section 15-168 Water
Consumption)prohibits manufacturing and assembly uses from using more than an
average of 200 gallons per employee per day.
8 5 60 Provide"model" This measure is addressed by existing and proposed ordinance provisions. Section
standards for the layout 17 of the draft NSA Ordinance includes 14 design objectives; at least 7 of which
and maintenance of describe necessary design elements.. Several sections of Article XIII (Recreational
conservation areas Facilities and Open Space) of the LUO address maintenance of open space
within new subdivisions. (Sections 15-199, 201). Restrictive covenants for developments with homeowners
associations responsible for maintaining common facilities (including open space)
are reviewed and approved by the Town Attorney prior to final plat approval.
9 5 61 Create conservation Section 3 of the draft NSA Ordinance establishes primary and secondary
overlay district. conservation areas and details the manner in which they must be preserved. The
Conditional Use Zoning approval process will likely prevent non-residential
development from developing without regard for conservation areas that are not
otherwise protected(stream buffers,floodways/plains).
10 5 62 Support statewide This measure describes how the Town might use TDRs to balance-the preservation
enabling legislation to of sensitive areas with the development of others in order for landowners to achieve
allow the transfer of a reasonable return on land that should not be developed. This measure does not
development rights. involve any regulatory action at this time, as the primary means of implementing
this concept in the plan area is the net densityNMU tradeoff.
Carrboro Planning Staff Response to OC Staff Comments—Plan Recommendations Not Reflected in NSA Ordinance
Revised-04/13/99 Page 2
41.
O.C. NSA Plan Comment/Content/ Response(NSA Ordinance Section Reference is underlined,if applicable)
Comment Section# Page# Issue/Goal
11 4 62 Actively pursue Board of Aldermen has forwarded a request for authority to establish inclusionary
enaction of legislation zoning to legislative delegation.
for inclusionary zoning.
12 5 , 63 Implement the The Connector Roads Plan for the Northern Transition Study Area is included in
Connector Roads Plan the plan as an appendix and has been adopted by the Board of Aldermen as a policy
concept. document. The necessity of road connectivity is specified in existing and proposed
ordinance provisions. Section 15-54 of the LUO specifies that SUPS and CUPS
must be issued unless the Board finds that they are not in conformity with "plans
officially adopted by the Board." Sections I5-214 and 217 specify required road
connectivity. Section 5 of the draft NSA Ordinance includes a section on roads and
streets that requires interconnected streets within a VMU and "connections to all
existing or proposed through streets or collectors outside the village proper where
practical."
13 5 63 Implement the Carrboro The Town adopted its Bikeways Plan in 1989 and all developments are subject to
Bikeways Plan demonstrating conformity with its provisions as noted above. Section 15-216 of
the existing LUO details roadway specifications, including bike lanes, for all
classes of streets. The sixth of the opening objectives of the NSA Ordinance notes
that the ordinance is proposed to achieve adopted...transportation...policies...."
Design provisions in Section 5 specify that one bike rack must be included on each
block in the storefront and townhouse use areas.
14 5 64 Promote coordination Road, and associated required features, connectivity is required outright for all
between developers for roads in Carrboro's jurisdiction. Coordination between developers is promoted
the planning of bicycle, during the review of any proposed development.
pedestrian,transit,and
automobile
transportation routes..
15 6 65 Provide or increase Conditional use zoning process specified in Sections 4 and 8 provides broad
incentives for leverage to a governing,board with regard to negotiating the acquisition or use of
developers to dedicate land or facilities-for public purposes.
land or facilities for
public park and
Carrboro Planning Staff Response"to OC Staff Comments—Plan Recommendations Not Reflected in NSA Ordinance Page 3 ";,
Revised-04/13/99
O.C. NSA Plan Comment/Content/ Response(NSA Ordinance Section Reference is underlined, if applicable)
Comment Section# Page# Issue/Goal
recreational use.
16 6 65 Require conservation See item 2 above.
land to interconnect
17 6 1 65 Completing the loop— This item is best addressed through an amendment to the Parks and Recreation
extension of proposed master Plan, as this is the.document in which the proposed greenway system is
gTeenway trail link. detailed. However, this connection will require dedication of land (or easements)
that is privately held and mostly developed.
18 6 65 Connect Homestead The bulk of the land in this segment is presently-not fully developed. The likely
Road at Lake Hogan greenway corridor coincides with mandatory conservation areas that will need to be
Farms with the Bolin set aside as open space or preserved in some other fashion. It is anticipated that the
Creek Greenway. greenway will be designed during the development review process and that
associated'easements would be acquired following approval of any development.
19 6 65 Subsidiary greenway Objective 13 in Section 17 describes the pedestrian circulation system, with
trails. particular emphasis on the need for roadside footpaths to connect to off-road trails,
and the need for these trails to connect to open space on adjacent parcels.
20 6 65 Horace Williams Tract This item is best addressed through communication with the University whenever
finther planning and/or development for the Horace Williams property is
underway.
21 6 65 Experimental trails This item may be best addressed through development review procedures.
22 7 66 Adopt Town-wide Ordinance drafting committee has included architectural standards in four sections
design guidelines to of draft NSA Ordinance, VMU and O/A developments, affordable housing density
ensure that new units, and major residential subdivisions. Design guidelines for other aspects of
development is development are included in the VMU requirements.
harmonious with the
attractive features of
existing development.
23 7 66 Develop a process for Planning Department Procedures Manual for Development Review process,per the
dialogue between Board of Aldermen's policy, recommends that developers meet with neighbors
developers and existing early in design process.
residents.
24 9 66 Measures to preserve "Vistas along entranceways to the town" are included in secondary conservation
Carrboro Planning Stiff Response to OC Staff Comments—Plan Recommendations Not Reflected in NSA Ordinance Page 4
Revised-04/13/99 a)
O.C. NSA Plan Comment/Content/ Response(NSA Ordinance.Section Reference is underlined, if applicable)
Comment Section# Page# Issue/Goal
important vistas in the areas in Section 3. Proposed VMU districts must demonstrate compliance with the
Study Area should be first objective of Section 4 "the preservation of open space, scenic vistas...." Road
explored and and street layouts, also included in Section_, must "secure the view to prominent
t "sec e
implemented. natural vistas." Objective 6 in Section 17 states that preliminary plans must"leave
scenic views and vistas unblocked or uninterrupted, particularly as seen from
public roadways." Section 21 requires. that undisturbed protective buffers
(combined in some places with screening requirements) must be maintained along
most major roads in the Town's jurisdiction.
25 9 67 Farmland preservation— The establishment of the JPA and associated measures (OWASA boundary, urban
work with the county to services area concept) seem to have been the first steps in this direction, clearly
encourage the developed through joint efforts of the County and Town. Urban-level development
preservation of active was proposed in the Transition Areas to balance out rural development (lower
farmland and to limit the density) in the rural buffer. Further steps in this direction will require additional
conversion of farmland work to develop a viable,multi-faceted farmland preservation program.
to developed uses
outside of the Transition
Areas,as a trade-off for
accommodating new
development within the
Transition Areas.
Carrboro Planning Staff Response to OC Staff Comments—Plan Recommendations Not Reflected in NSA Ordinance Page 5
Revised-04113199
' 18
MARCH 20, 1999 REPORT
Orange County Planning Staff Comments
CONSISTENCY
Between the Facilitated Small Area for Carrboro's Northern Study Area and
Proposed Amendments to the Carrboro Land Use Ordinance
Section 2.6C of the Joint Planning Agreement requires that(w,jhenever Chapel
hilt proposes to amend the teai of its Land Development Ordinance, and whenever
Carrboro proposes to amend the#ead of its Land Use Ordinance, the respective towns
shall deliver a copy of the fulf text of the proposed amendment to Orange county not
later than thirty(30)days before the date of the pubkc hearing on any such
amendment. The agreement further states that(u)nkss Orange County fiks with the
respective towns a written objection on or before the date of thepubfic hearing on the
proposed ordinance amendment, then adoption of the amendment by the respective
town shall automadeally effect a corresponding amendment to the applicable
ordinance adopted by reference by Orange County as provided in Section ZIC: Any
such objection shall be based on a determination by Orange County that the proposed
amendment is inconsistent with the adopted Joint Planning Area Land Use Plan.
Proposed amendments to the Carrboro Land Use Ordinance(hereafter referred to
as the NSA Ordinance)to implement the recommendation of the Facilitated Small Area
Plan for Carrboro's Northern Study Area were received in the specified timeframe. The
amendments consist of 29 revisions or additions to the existing ordinance comprising 35
pages; some revisions are contained in one sentence whereas others are multiple pages in
length Additional attachments include vernacular architectural standards with
photographs and illustrations.
The approach to analyzing conformity of the 29 revisions with the adopted small
area plan at this stage is brief. The title or content of each section is listed below with a
brief assessment of its consistency or inconsistency with the adopted plan. The primary
intent is to identify areas needing further investigation.
Section 1. The article and section references contained in this ordinance are to the
Carrboro Zm d,Use•Ord xwe.
Consistent '� Inconsistent Not Addressed' Not Applicable X
Comments:
Section 2, Residential&nsfty of mayor developments im certain districts
Consistent X Inconsistent Not Addressed Not Applicable
Comments: Formula for determining constrained lands needs to be same'in plan and
ordinance.
- 19
Section 3. Primary and secondary conservation areas -�
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section 4. T 111agimixed use district established
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section S. rtlage mixed use developments
Consistent X Inconsistent Not Addressed Not,Applicable
Comments: This is the most extensive and detailed section of the ordinance comprising
12 pages of text.
Section 6. Residential density bonuses for affordable housing.
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section'7. Add`TY age Mhed Use Development"to table of permitted uses
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
-Section& OIA CUOOfflcelassembly con&aonat use.
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section 9.Add"OfficaUssembly Planned Development"to table of permitted uses
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section 10.Distinguishes between general rezoning and conditional use rezoning.
Consistent_X Inconsistent Not Addressed Not Applicable
Comments:
Section 11. "Good.Neighbor"performance stand -da
Consistent X Inconsistent Not Addressed '"Not Applicable
Comments:
Section 12. _Smoke,dug fumes, vapors,gases, and odors
Consistent ;k Inconsistent Not Addressed - Not.Applicable
Comments: Related to"Good Neighbor"performance standards.
Section 13. Groundwater supply.
Consistent X Inconsistent 'Not Addressed Not Applicable
Comments:Related to"Good Neighbor"performance standards.
20
Section 14. Excessive illumination. -�
Consistent_X Inconsistent Not Addressed Not Applicable
Comments:Related to"Good Neighbor"performance standards.
Section 15. Outdoor illumination.
Consistent X Inconsistent Not Addressed Not Applicable
Comments:Related to"Good Neighbor"performance standards.
Section 16. Noise.
Consistent X Inconsistent Not Addressed Not Applicable
Comments:Related to"Good Neighbor"performance standards.
Section 17. Site pkumingprocedures for majorsubdivisi+on.
Consistent X 'Not Addressed' Not Applicable
Comments:
Section I& Stormwater management,
Consistent Inconsistent Not Addressed X Not Applicable
Comments:Not addressed specifically,but can be inferred from statements on natural,
cultural, and scenic resource protection.
Section 19. Buffers in northern transition area
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section 20. No clearcuWng.
Consistent Inconsistent Not Addressed X Not Applicable
Comments: Not addressed specifically,but can be inferred from statements on natural,
cultural, and scenic resource protection.
Section 21. Protective buffer along major road
Consistent Inconsistent Not Addressed X Not_Applicable '
Comments:Not addressed specifically, but can be inferred from statements on natural,
cultural, and scenic resource protection. -
Section 22. Deletion of`77intergreen Barberry"and "Japanese Barberry."
Consistent Inconsistent Not Addressed Not Applicable__X
Comments:
Section 23. List of Invasive plant species
Consistent Inconsistent Not Addressed Not Applicable X
Comments:
Section 24. Northern Transition Area Advisory Committee.
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
21
Section 25. Reduction of up to 25 percent in parking requirement for VMU or 01A.
Consistent inconsistent Not Addressed X Not Applicable
Comments:Not.addressed specifically, but can be inferred from statements on incentives
to commercial and office businesses that locate in neo-traditional developments
Section 26. Appendix J—noise genawo m
Consistent inconsistent Not Addressed X Not Applicable
Comments: Related to"Good Neighbor"performance standards.
Section 27. Architectural standards for major subdivisions
Consistent X Inconsistent Not Addressed Not Applicable
Comments:
Section 28. Provisions of any town ordinance in con,Vct with this ordinance repeated
Consistent Inconsistent Not Addressed Not Applicable X�
Comments:
Section 29 This ordinance effecdve upon adoption
Consistent Inconsistent Not Addressed Not Applicable X
Comments:
22
Orange County Planning Staff Comments -�
Plan Recommendations Not Reflected in Proposed Ordinance Amendments
Most recommendations in the Facilitated Small Area Plan for Carrboro's
Northern Study Area are contained in Section 5 (Implementation). However, Section I
(The Small Area Planning Process) and Section 4(The Recommended Small Area Plan)
also contain recommendations, some of which are not reflected elsewhere. The purpose
of this paper is to identify for further discussion,plan recommendations that were not
carried forward in ordinance language. Following, on a section-by-section basis is a
listing of recommendations that did not carry forward in the proposed ordinance
amendments: .
Section 1: The Small Area Planning Process
Paago 6
2. DA PROVED QUANTITY/QUALITY OF CONSERVATION LAND: Aim for a
higher percentage of conservation lands in the Study Area comprised of lands that
are not severely constrained by flooding,wetness or steepness. Accomplish this
by setting standards for conservation lands in addition to wetlands and steep
slopes, and by offering a range of densities with rise in relation to the percentage
of land which is to be conserved.
3. REQUIRE CONSERVATION LAND TO INTERCONNECT: Establish design
standards for the open space in new-subdivisions so they will eventually coalesce
to create an interconnected network of protected lands as greenway corridors.
Section 4: The Recommended Small Area Plan
Page 47
Floating Zones—Residential
Neighborhood Mxed Use: Following discussion of the Village.W=ed Use
(VMtl)district, a district identified as Neighborhood Mixed Use is discussed.
Apparently it was envisioned as a step down betweea the larger VMU and smaller
Office/Assembly(Q/A)district.
PAO 49 -,
Figure4-2 illustrates a design called"Community Mixed Use." There is no
additional description of this although it seems to fit the description of VMU.
Section 5: 1=1 ementation
Pagc 59
Measure 1.4 Attract developers who have successfully built.mixed use and
clustered developments.
23
Measure 1.5 Provide incentives to commercial and office businesses that locate
in neo-traditional developments.
PAO 59
Measure 1.7 Prohibit land uses and activities which would use large quantities of
water.
Page ESQ
Measure 1.1'1 Provide"model" standards for the layout and maintenance of
conservation areas within new subdivisions.
Pa&e.6
* Measure 3.2 Create Conservation overlay district.
Paize 62
** Measure 3.4 Support statewide enabling legislation to allow the transfer of
development rights.
Measure 4.1 Actively pursue enaction of legislation for inclusionary zoning.
Pa&c 63
Measure 5.1 Implement the Connector Roads Plan concept.
Measure 5.2 Implement the Carrboro Bikeways Plan.
Measure 53 Promote coordination between developers for the planning of
bicycle,pedestrian,transit, and automobile transportation routes.
Pam 65
Measure 6.2 Provide or increase incentives for developers to dedicate land or
facilities for public park and recreational use.
* Measure 6.3 Require conservation land to interconnect.
* Measure 6.4 Completing the loop—extension of the proposed greenway trail
link.
Measti&6.5 Connect Homestead Road at Lake Hogan Farms with the Bolin
Creek Greenway.
* Measure 6.6 Subsidiary greenway trails—require developers of new-subdivisions
to lay out and construct neighborhood trails through their new developments
Measure 6.7 Horace Williams tract.
24
Measure 6.8 Experimental trails.
Paize 66 w
Measure.7.2 Adopt town wide design guidelines to ensure that new development
is harmonious with the axractive features of existing development.
Measure 7.3 Develop a process for dialogue between developers and existing
residents.
Measure 9.1 Measures to preserve im
explored and implemented portant vistas in the Study Area should be
�e 67 •
** Measure 9.4 Farmland preservation work with the Co to encourage
Preservation of active farmland, and to limit the conversion of farmsa to e
developed uses ouf side the-Transition Areas, as a trade-off for accommodating
new development within the Transition Areas,
* Conservation Corridor
** Transfer of Development Rights
25
TOWN OF CARRB4RO
NORTH CAROLINA
STAFF REP _QRT
TO: BoARD of ALDERMEN
FROM: PATRICIA J. MCGuIRE,Land Use Planner
DATE: MARCH 16, 1999
SUBJECT: NSA FACILITATED PLAN IMPLEMENTATION - REVISED DRAFT ORDINANCE
COPY: ROY W. WILLIFORD., Planning Diredor
BACKGROUND
The policy document upon which this ordinance is based was developed over the course
of nearly seven years,and involved the participation of approximately 200 individuals in several
hundred hours of meetings, open house sessions and workshops. The process culminated in the
acceptance of the facilitated plan, developed by consensus of workshop participants, by the
Board of Aldermen in the late aura er of 1997 and the incorporation of the plan into the Joint
Planning Area Land Use Plan by Orange County and Chapel Hill in early 1999.
The adopted amendments to the JPA documents retain the Transition Areas and require
Orange'County and Cantoro to hold joint hearings to establish Village Mixed Use and Office
Assembly Conditional Use Zones in the Transition Areas. Planning staff of Orange County and
Carrboro is discussing a review procedure associated with these joint rezonings that will
duplication of staff effort and confusion on the part of applicants.
On December 16, 1998, the Board of,Aldermen held a public hearing to receive broad
public comment on the substance of a proposed legislative zoning change—the adoption of"An
Ordinance Amending the Carrboro Land use Ordinance to implement the Recommendations of
the Facilitated Small Area Plan for Cantoro's Northern Study Area."
The. ordinance to implement the land use provisions of the plan was prepared by a
committee of citizens working with town staff Eighteen people offered their comments on the
provisions of the'draft ordinance. Comments during the hearing can be categorized into three
major areas: the effect of the ordinance on housing affordability and design creativity, the need
to,balance environmental protection with adjusted or reduced density,and the need for flexibility
in the designation of hardwood areas as primary conservation areas. Following revisions to the
ordinance in January and February, a revised NSA ordinance was referred to Carrboro advisory
boards and Orange County.
26
ANALYSIS
- The 32-page draft ordinance includes 26 additions and revisions to the town's Land Use
Ordinance.These sections address eight major issue's identified in the plan: density,conservation
areas, -conditional use districts, environmental protection, mitigation of nonresidential
development impacts, subdivision design in accordance with naturallsignificant features, design
guidelines,and advisory board representation by Transition Area residents.
As has been noted in earlier analyses, the policy origin for nearly all of the work items
and ordinance components 'can be clearly demonstrated, In a few cases, such as design
standards, the plan did not include specific design features or criteria. In these instances, the
ordinance drafting committee identified the design components or provisions that are included in
the ordinance, examples of which were provided by planning consultant,Randall Arendt, during
the facilitated meeting process.
Below,Table 1.presents-the policy origin ofNSA Ordinance provisions.
TABLE I. POLICY ANALYSIS OF NSA ORDINANCE.PROVISIONS
2 Adjusted Tract Acreage,Yield Plan Measure 1.1,page 55
3 Open Space Standards Measure 1.2,page 5
4 Village Mixed Use District Measure 13,page 57
5 Village Mixed Use District Design Standards, Measures 13, 1.8; 4.2; 72;
Mixed Use Housing Denisty Bonus pages 56,59,62,66
6 Affordable Housing Density Bonus Measure 42,page 62 -
7 Village Mixed•Use District Measure 13,page 57
8 OffWAssembly Conditional Use District 'Measure 1.6,page 58
9-16 "Good Neighbor"Performance Standards Measures 13, 1.6;pages 57-58
17 Site Planning Procedures •Measure 1.10,page 59
is Storrawater standards -Measure 3.1,page 61
19 Stream buffers in NTA Measure 3.1,page 61 {posse 1y)
20 Prohibition against clearcut_g Goal 9,page 66
21 Road b in Northern Transition Area Measure 9.1,page 66(possibly)
22;23 Invasive P1 Goal 3,page 61
24 Advisory Planning Board/Transition Area "Process"(overall),page 7
25 Parking Provision for VMU and OIA Measure 13,page 57
26 Noise'Generators Measures-13, 1.6;pages 57-58
27 Architectural Standards for Majors 'visions Measures 1.8,7.2;pages 59,66
DISCUSSION OF NSA QpaNANCE- REVisms SINCE DECEMBER 16 PUBLIC HEA,jtING
Since the joint review meeting and public hearing, a number of changes to the draft have
been specified These changes are listed in Table 2 below. Due to the character of several
changes, and on the advice of the Town Attorney,the Board set a public heating on the revised
27
ordinance for March 23, 1999. However,the public hearing was continued
TABLE 2. CHANGES INCLUDED IN FEBRUARY 19, 1999 DRAFT COPY OF
PROPOSED NSA ORDINANCE-
(from November 19,199$draft)
i
3 15-198(g} Allows removal of hardwood trees from hardwood
areas not set aside as common open space to the
extent that removal is necessary to accommodate
permitted uses in these locations.
4 15-141.2(e) . Limits VMU district to a total of 350 acres and not
more than three villages.
5 15-1762(a)(8) Increases the maximum space that can be occupied
by an individual commercial enterprise in a VMU
to 6,000 square feet.
15-176.2(cXl) Removes auto-related uses" from the list of uses
hibited in the VMU commercial area.
5 15-176.2(fl(4)(eX2) Modifies on-street parking provision in
commercial area so that permit issuing has greater
flexibility in evaluating how parking requirement
is met.
5 15-1762(t)(4XaX4) Increases maximum distance from a lot to off-
street parking on a separate lot from 60 to 100 feet. .
5 15-1762(t)(4Xf)(1) Modifies consbuction standard for brick or brick-
bordered sidewalks to indicate that they must not
impede accessibility.
5 15-176.2(t)(4Xm) Modifies section to require Appearance
Commission review but permit-issuing authority
approvaI of exterior materials,windows and doors.
6 15-192.4(x) Modifies definition of affordable housing unit to
include rental units and to specify that units must
remain affordable for a period of not less than 100
years.
6 15-182.4(e) Missing text added
8 15-136(l 1)(b) Limits OIA CUdistricts to a total of 25 acres.
8 15-136(llXeX3) Changes text regarding appropriate windows in
buildings constructed 0lAs district from "of a type
commonly used in" to "of a scale and proportion
typical of single family residences.
18 15-263(aX2) Modifies stormwater provisions, as follows: allow
no stormwater related damage on upstream or
downstream properties; .change _the stormwater
design standard from a ten-year storm to a twenty-
five year storm; require that developers submit
statements of "potential negative stormwater
effects"that,if accepted without modification,will
not be regarded as stormwater related damages;
and establish a two-year time period during which
28
_ 7
developers will be responsible for satisfying the
"no damage" standard (except as covered by (3)
above) and may be required to design and
construct additional facilities to bring the
development into compliance.
It has been noted that if the Board.wishes to accept
the change to the stormwater design standard,
companion changes will be needed for Section 15-
262 and Appendix I of the Land Use Ordinance.
20 15-269(b)and(c) Establishes Northern -Transition ' Area stream
buffer requirements in the tact of the ordinance,
rather than through the creation of an overlay
zone.
24 15-27 Spec' es that NTAAC submits regular reports to
Orange County BOCC, that BOCC appoints 3/5
members,and that members are limited to.no more
than two consecutive three-year terms.