HomeMy WebLinkAboutAgenda - 02-12-1996 - X-F a
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 5, 1996
Agenda Abstract
Item # X—F
SUBJECT: CARRBORO LAND USE ORDINANCE TEXT AMENDMENT -
TEMPORARY MORATORIUM
DEPARTMENT: Planning PUBLIC HEARING: Yes—X—No
BUDGET AMENDMENT REQUIRED: Yes—X—No
ATTACHMENTS: INFORMATION CONTACT:
1/5/96 Carrboro Planning Director FAX Planning Director X2592
1/16/96 County Attorney Letter
Article 6.15 -Zoning Ordinance PHONE NUMBERS:
Appendix to Joint Planning Agreement Hillsborough 732-8181
Public Hearing Notice/Map Mebane 227-2031
Durham 688-7331
Chapel Hill 967-9251
PURPOSE: To consider a proposed amendment to the Carrboro Land Use
Ordinance to establish a temporary moratorium in the Northern
Small Area Planning Area.
BACKGROUND: On January 5, 1996, Orange County received a notice from the
Carrboro Planning Director that the Town of Carrboro is to
conduct a public hearing on February 6, 1996 on a proposed
amendment to its Land Use Ordinance which would establish a
temporary moratorium in the Northern Small Area Planning Area
(copy attached). The moratorium would be in effect until such time
as Orange County has adopted the amendments to Carrboro's Land
Use Ordinance and Map implementing the Small Area Plan, or
December 1, 1996, whichever occurs first.
Since the moratorium provision is proposed as an amendment to
Carrboro's Land Use Ordinance, it is subject to the provisions of
Section 2.6, Subsection C, of the Joint Planning Agreement, which
reads as follows:
2
Whenever Chapel Hill proposes to amend the text of its Land
Development Ordinance, and whenever Carrboro proposes to amend
the text of its Land use Ordinance, the respective towns shall deliver a
copy of the full text of the proposed amendment to Orange County not
later than thirty(30) days before the date of the public hearing on any
such amen aknent. However, with the written consent of the Orange
County Manager or his designee, this thirty (30) day period may be
reduced to not less than (10) days Unless Orange County files with
the respective towns a written objection on or before the date of the
public hearing on the proposed ordinance amendment, the adoption of
the amendment by the respective town shall automatically effect a
corresponding amendment to the applicable ordinance adopted by
reference by Orange County as provided in Section 2.1 C. Any such
objection shall be based on a determination that the proposed
amendment is inconsistent with the adopted Joint Planning Area Land
Use Plan. If a town adopts an amenabnent despite Orange County's
objection, then it shall refer such amendment to Orange County with a
request that the County make corresponding changes as expeditiously
as reasonably possible so that the town may continue to enforce within
its portion of the Transition Area the same standards as it enforces
within its own planning jurisdiction. In the event of objection by
Orange County as provided herein, no such amen&rent shall be
effective within the Joint Planning Area until it is adopted by Orange
County.
Subsequent to the receipt of the Carrboro notice, the County
Attorney wrote to the Orange County Planning Director,
identifying a two-step process for dealing with the proposed
moratorium (copy attached). Since moratoria are a restriction on
permit administration and don't fit neatly into the Joint Planning
Agreement, the first step would involve Carrboro proposing its
amendment pursuant to Section 2.6.C; e.g., the subject of this
agenda item abstract. The second step would then involve an
amendment to the Joint Planning Agreement to provide for
moratoria, their duration, and the reasons justifying them. Such an
amendment would make the moratoria decision one of policy and
could be considered at the April 1996 Joint Planning Area Public
Hearing.
Following receipt of the County Attorney's letter, further
discussions indicated that the application of development moratoria
is not without precedent. On October 2, 1989, Orange County
adopted Section 6.15 of the Zoning Ordinance which permits
"interim development standards" (e.g., development moratoria) to
be applied "...in an area where plans are being prepared for the
3
use of land and/or the preservation of natural resources, and/or
development standards are being considered with which to
implement such plans... ". Concurrent with the adoption of
provisions permitting the establishment of interim development
standards, Orange County adopted standards which applied in the
University Lake Watershed portion of the Joint Planning Area
(copy attached). The interim development standards and provisions
applicable to the University Lake Watershed are based on an
Appendix to the Joint Planning Agreement, adopted November 2,
1987 (copy attached).
RECOMMENDATION: Given that there is a precedent for a temporary moratorium, the
Board of Commissioners has the following options:
• The Board may choose not to object to the proposed temporary
moratorium, in which case no further action is necessary.
If the Board does not object to the proposed amendment, there
is still a need to resolve the "temporary moratoria" policy issue
instead of dealing with similar requests on a case-by-case basis.
This could be accomplished through an amendment to the Joint
Planning Agreement presented at the April 1996 Joint Planning
Area Public Hearing.
• The Board of Commissioners may choose to object to the
proposed temporary moratorium on the basis that the proposed
amendment to the Carrboro Land Use Ordinance is inconsistent
with the Joint Planning Area Land Use Plan. In that case, the
Carrboro Board of Aldermen will be notified of such objection
on February 6, 1996, the public hearing date. The proposed
amendment to the Joint Planning Agreement could then be
scheduled for the April 1996 Joint Planning Area Public
Hearing. If the three jurisdictions approve the temporary
moratoria provisions, then the Carrboro provisions would
become effective.
4 i
Town of Carrboro TRANSMITTAL Planning Department
Date: 5 January, 1996
To Marvin E. Collins, Jr., Orange County
Planning Director
From: Roy M. Williford, Planning& Economic Development D ector
Subject: Carrboro Land Use Ordinance Text Amendment to Establish a Temporary
Moratorium on the Issuance of Conditional and Special Use Permits Within the
Northern Small Area Planning Area
In accordance with Section 2.6, Subsection C, of the Joint Planning Agreement
please find enclosed the full text of an amendment to the Carrboro Land Use
Ordinance entitled "An Ordinance Amending the Carrboro Land Use Ordinance to
Establish a Temporary Moratorium on the Issuance of Conditional and Special Use
Permits Within the Northern Small Area Planning Area".
On February 6, 1996, the Carrboro Board of Aldermen will hold a public hearing on
this proposed amendment. Accordingly, the Carrboro planning staff respectfully
requests that Orange County submit any objections to this proposed amendment in
writing on or before the tentative date for the public hearing.
We look forward to receiving your comments. If you have questions or need
clarification, please feel free to contact Lisa Bloom-Pruitt at(919) 968-7714.
RW/lbp
Cc: Lisa Bloom-Pruitt, Senior Planner, Carrboro
Enc. 2
i
COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR.
A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL
129 E.TRYON STREET DOUGLAS HARGRAVE
P.O.DRAWER 1529 KIM LC SIFIFAN
HILLSBOROUGH,NORTH CAROLINA 27278 JANET B.DUTTON
(919)732-21% January 16, 1996 DOUGLAS P.tHOREN
FAX(919)732.7997 SAMUEL ELY COLEMAN
Mr. Marvin Collins
Director
Orange County Planning Department
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Joint Planning Area Development Moratorium
Dear Marvin:
This letter is to bring you to up to date about discussions
that I have had with Mike Brough concerning Carrboro's interest
in establishing a development moratorium in the transition area
of the Carrboro joint development review area. As you'll
probably remember, development moratoria are permitted under
North Carolina law provided they are adopted following the
procedural requirements of any applicable Zoning Ordinance and
the enabling legislation for planning regulations. Generally that
means that they can only be adopted following a properly
conducted public hearing. Vulcan Materials Company, Inc. v.
Iredell County, 103 N.C.App. 779, 407 S.E.2d 283 (1991) .
However, strictly speaking, they are not land use plan
decisions or zoning map decisions and they don't prescribe
development requirements that are typical of zoning ordinance
text. What they are is a restriction on permit administration.
That is, they prohibit the processing of applications for
development. As such, they don't neatly fit into the Joint
Planning Agreement and the way in which it is administered among
the County, the Town of Chapel Hill and the Town of Carrboro.
What is clear, however, is that it was probably not contemplated
that moratoria would occur in the Joint Planning Area without
some concurrence by at least Orange County.
To resolve this problem, Mr. Brough and I have come up with
a two step plan. The first step will involve Carrboro proposing
an amendment to its Land Use Ordinance pursuant to Section 2.6.0
of the Joint Planning Agreement. Enclosed is a copy of a draft
of the proposed amendment that I received from Mr. Brough's
office. The second step will be a proposed amendment to the
Joint Planning Agreement proposed by Carrboro for consideration
hopefully at the April 1996 Joint Planning Area Public Hearing.
The Joint Planning Agreement would be amended probably in Section
2.3 and 2 .4, each of which cover permit administration, Section
6
t
Mr. Marvin Collins
Page 2
January 16, 1996
2.3 in the Transition Areas and 2.4 in the Rural Buffer. That
amendment to the Joint Planning Agreement would provide for
moratoria, their duration and the reasons justifying them. The
criteria might be limited to reasonably short periods of time
while small area plan work is undertaken. This will make the
moratoria decision one of policy and contain the policy concerns
of all the governments involved in the Joint Planning Area.
The text amendment proposed by Carrboro must be delivered to
Orange County not later than 30 days before the date of
Carrboro's intended public hearing on the moratorium. The Orange
County Commissioners, then, will have an opportunity to file a
written objection on or before the date of Carrboro's public
hearing on the proposed moratorium. That public hearing is, I
understand, scheduled for February 6, 1996. If the Board of
County Commissioners does not file a written objection, the
moratorium would become an amendment to Orange County's zoning
regulations "by reference, " as provided in Section 2.6.0 of the
Joint Planning Agreement. The Orange County Commissioners will
decide whether to object or not based on a determination by the
Board that the proposed amendment is consistent or inconsistent
with the Joint Planning Area Land Use Plan. If the Board of
County Commissioners determines that a cessation of consideration
of major development projects in the Transition Area is
inconsistent with the Joint Planning Area Land Use Plan, then it
will object. If it objects, then the amendment will not become
effective within the Joint Planning Area until it is thereafter
adopted by Orange County.
The "ball" is in Carrboro's court to deliver to the County
the proposed text amendment and any proposed Joint Planning
Agreement amendment. Timing may become an issue in that the
County Commissioners' meeting schedule may not line up well with
a notice from Carrboro 30 days before its public hearing and a
need for the County Commissioners to respond before the public
hearing. This issue can probably be coordinated with the
Planning Director of Carrboro. If you have any questions about
this, please call.
Very truly yours,
CO , GLEDHILL a HARGRAVE, P.C.
offrey E Gle ill
GEG/lsg
xc: Michael B. Brough, Esquire
Ralph D. Karpinos, Esquire
John M. Link, Jr.
lsg-3\collins.ltr
The following ordinance was introduced by Alderman and duly seconded
by Alderman
AN ORDINANCE AMENDING THE CARRBORO LAND USE ORDINANCE TO ESTABLISH
A TEMPORARY MORATORIUM ON THE ISSUANCE OF CONDITIONAL AND SPECIAL
USE PERMITS WITHIN THE NORTHERN SMALL AREA PLANNING AREA
WHEREAS, the Small Area Planning Work Group was established in 1992 to
compose a comprehensive "Small Area Plar" for growth within the Town of
Carrboro's Northern Small Area Planning Area (the "Study Area") ;
WHEREAS, through the process of writing the Small Area Plan, the Small
Area Planning Work Group has identified desired forms and patterns of
development for the Study Area and has determined ways in which these desired
forms and patterns of development can become reality;
WHEREAS, the Carrboro Board of Alderman received the recommendations of
the Small Area Planning Work Group on December 19, 1995 and held a public
hearing on February 6, 1996 to receive public comment regarding the Small Area
Plan and the temporary moratorium;
WHEREAS, a portion of the Study Area is within Carrboro's Joint Planning
Area established by Orange County, the Town of Chapel Hill and the Town of
Carrboro on November 2, 1987 and the Joint Planning Agreement requires that all
proposed amendments to the Joint Planning Area Land Use Plan be considered at
a Joint Public Hearing before all three governing boards and be subsequently
adopted by all three boards;
WHEREAS, a joint public hearing has been scheduled for April 18, 1996 to
consider amending the Joint Planning Area Land Use Plan to incorporate the
recommendations of the Small Area Plan;
WHEREAS, following the adoption of any resulting amendments to the Joint
Planning Area Land Use Plan the Town of Carrboro will formulate amendments to
the Carrboro Land Use Ordinance to implement the adopted Small Area Land Use
Plan, which will in turn require another Joint Public Hearing by Orange County
and Carrboro's governing boards pursuant to Section 2.6E of the Joint Planning
Agreement;
WHEREAS, following said Joint Public Hearing the Land Use Ordinance text
and map amendments will not become effective until adopted by both Carrboro and
Orange County;
WHEREAS, the Town of Carrboro desires to avoid the creation of any new
developments that may be inconsistent with the recommendations of the Small Area
Planning Work Group during the pendency of the above-described planned adoption
and implementation process;
8
NOW, THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO ORDAINS:
Section 1. Article IV of the Carrboro Land Use Ordinance is amended to
add a new section 15-46.1 to read as follows:
Section 15-46.1 Temporary Moratorium On the Issuance of Conditional and
5-Mal-Use Permits.
(a) Notwithstanding any other provision of Carrboro's Land Use
Ordinance, there is hereby established a temporary moratorium on the issuance
of conditional and special use permits within the Northern Small Area Planning
Area.
(b) Carrboro's Northern Small Area Planning Area is generally described
as follows: The Small Area Planning Area is bounded on the West and North by
the Rural Buffer as described in the Joint Planning Area Land Use Plan, on the
East by the line separating Chapel Hill 's transition area from that of
Carrboro's that follows Roger's Road south to its intersection with Homestead
Road; runs west along Homestead Road to its intersection with High School Road;
then east along the southern right-of-way of High School Road to the western
property line of the Chapel Hill High School and Seawell Elementary School
property; then south along the school 's western property line and east along the
school 's southern property line to the railroad; then south along the railroad
to Estes Drive; then south along Estes Drive to the intersection of North
Greensboro Street; and on the South beginning at the intersection of North
Greensboro Street with Estes Drive then northwest along North Greensboro Street
to its intersection with Hillsborough Road; then continuing northwest along
Hillsborough Road to the intersection of Old NC 86 and Old Fayetteville Road and
the Rural Buffer (western boundary).
(c) The temporary moratorium shall be in effect until such time as
Orange County has adopted the amendments to Carrboro's Land Use Ordinance and
Map implementing the Small Area Plan, or December 1, 1996, whichever, occurs
first.
Section 2. This ordinance shall become effective upon adoption.
The foregoing ordinance, having been submitted to a vote, received the following
vote and was duly adopted this day of 1996.
Ayes:
Noes:
Absent or Excused:
J
9
*6.15 Interim Development standards
*Amended For the purpose of preventing further development in
10/2/89 an area where plans are being prepared for the use of
land and/or the preservation of natural resources,
and/or development standards are being considered with
which to implement such plans, interim development
standards may be established which permit development
to proceed which is in accord with the contemplated
plans and/or standards. Except as provided herein,
the establishment of interim development standards
shall be governed by the procedures contained in
Article 20 of this Ordinance.
*6.15.1 Form and Content - Interim Development Standards
*Amended Interim development standards enacted pursuant to this
10/2/89 Article shall be temporary measures established in
accordance with the following criteria:
a. The standards shall be in effect only for the
period of time necessary to achieve the purposes
of the contemplated plan and/or its implementing
mechanisms;
b. The standards shall limit development to the type
that would be permitted under the existing
standards contained in this Ordinance and/or to
that which is in accord with the contemplated
plan or its implementing mechanisms;
C. The standards may be in effect only in the area
affected by the contemplated plan and/or in which
its implementing mechanisms will apply; and
d. The standards may limit the nature and type of
development applications and projects which are
approved throughout the duration of the
standards.
*6.15.2 Interim Development standards Approved
*Amended The following interim development standards have been
10/2/89 enacted and shall remain in full force and effect
2/5/90 until the termination date specified herein.
4/2/90 Thereafter, the standards are void and of no effect.
6/25/91
9/3/91 a. University Lake Watershed
1. Area Affected - These standards shall apply
to the University Lake Watershed.
6-18-b
- - t
10
2. Nature and Duration of Standards - The
following interim development standards
shall apply:
a. Community alternative treatment and
disposal systems as well as public
water and sewer service will not be
permitted in the University Lake
Watershed except
(1) to address a public health
emergency as determined by the
Orange County Health Department or
(2) when a valid written service
agreement for public water and/or
sewer existed prior to April 3 ,
1989, and is one in which a
municipality (including Orange
County) or a water/sewer authority
is a party and is the water/sewer
provider.
A community alternative system is any
system serving more than one wastewater
source, and neither owned nor operated
by a public entity. A community
alternative system, including a
community alternative septic system, is
designed to convey effluent to surface
waters, the land surface or the soil
subsurface via direct discharge, spray
irrigation, overland flow or
nitrification lines.
b. By April 30, 1991, studies will be
conducted to determine the advisability
of making public water and sewer
services available within the
watershed. In addition, a pilot
program for monitoring and inspecting
alternative treatment and disposal
systems as operated by the Orange
County Health Department will be
evaluated to determine the advisability
of permitting such systems in the
watershed.
C. Following receipt and review of the
above mentioned studies, a decision
will be made regarding the use of
alternative treatment and disposal
systems and the availability of public
water and sewer services in the
watershed.
6-18-c
11
APPENDIX TO
JOINT PANNING AGREEMENT
AND CARRSORO
WHEREAS , Orange Co.:nty , Chapel Hill and Carrboro have
executed a Joint Planning Agreement which
agreement is that to which this Appendix pertains ;
and
WHEREAS, a Joint Planning/Watershed Work Group , including
representatives of the Towns of Carrboro and
Chapel Hill and Orange County , developed an
"Outline of Agreement in Principle" containing
thirteen ( 13 ) statements of principle ; and
WHEREAS, the governing boards of Carrboro , Chapel Hill and
Orange County have , by resolution , each approved
in concept the " Outline of Agreement in
Principle ; " and
WHEREAS, the Joint Planning Agreement to which this
Appendix pertains implements those matters in the
"Outline of Agreement in Principle" upon Which
there is agreement among Carrboro , Chapel Hill and
Orange County except as provided in this Appendix;
and
WHEREAS, Carrboro, Chapel Hill and Orange County wish to
fully implement those matters in the "Outline of
Agreement in Principle" upon which there is
agreement .
1
12
Carrboro , Chapel Hill and Orange County hereby mutually
agree as follows :
1 . They have requested OWASA to commission a University
:.ake Watershed carrying capacity study . They will request OWASA
to commission a carrying capacity study for the Cane Creek
Watershed. The University Lake Watershed study shall be com-
pleted as soon as reasonably possiole .
2 . For the period of time ending ninety ( 90 ) days
following the completion of the University Lake carrying capacity
study the following restrictions on Carrboro, Chapel Hill and
Orange County shall apply:
a. Except pursuant to the written consent of all three
parties , neither municipality may annex into the University
Lake Watershed ( whether by involuntary or voluntary
annexation or any other method authorized by law) nor shall
either town seek special legislation accomplishing such
annexation.
b. Except pursuant to the written consent of all three
parties , no party shall seek or approve or encourage
extension of water and sewer lines into the University Lake
Watershed.
3 . The University Lake Watershed is , for the purpose of
this Appendix, defined in the Joint Planning Area Land Use Plan
and located outside of the corporate limits of Carrboro as those
limits exist on the date this Appendix is executed.
2
l
13
q . It is the intent of Ca_rboro , Chapel Hill and Or'ance
County to ;ointly disc::ss wate rshed plann :no and prctc-:. in7,
procedures , standards and/or regulations which may be
incorporated into ordinances and into the Joint Planning
Agreement .
.his Appendix entered into this 2nd day o`_ November ,
1987,
A&
Chair , ge County board of
Commissi ners
Attest:
Clerk to a rsoard of mmissioners
A�= _ _ . ayo Town of Chapel Hill
AtteSt:
F1 ay Town of Carrboro
Attest:
Town Clerk
3
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