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HomeMy WebLinkAboutAgenda - 11-14-1995 - IX-A r' . 1. ORANGE COUNTY BOARD OF CONNISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 14, 1995 Action Agenda Item # =x_A SUBJECT: AMENDMENTS TO CARRBORO LAND USE ORDINANCE DEPARTMENT: PLANNING PUBLIC HEARING: Yes -X—No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis, Ext 2583 Summary of Amendments to Carrboro Land TELEPHONE NUMBERS: Use Ordinance Hillsborough - 732-8181 Chapel Hill - 967-9251 Durham - 688-7331 Mebane - 227-2031 PURPOSE: To consider amendments to the Carrboro Land Use Ordinance approved since adoption of the Joint Planning Area Land Use Plan. BACKGROUND: On July 11, 1995, Orange County Planning Department received a request from the Carrboro Planning Director for Orange County to re-adopt the Carrboro Land Use Ordinance. The purpose of the request was ensure that all revisions to the text which have been approved by the Board of Aldermen since adoption of the Joint Planning Area Land Use Plan have been reviewed by Orange County in accordance with Section 2.6C of the Joint Planning Agreement. Section 2.6 (c) of the Joint Planning Agreement reads as follows: 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 amendment. 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.IC. Any such objection !! 2 1 1 ' 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 amendment 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 e 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 amendment shall be effective within the Joint Planning Area until it is adopted by Orange County. Concern with amendments to the Carrboro Land Use Ordinance was raised by Orange County after discovering that not all of the amendments which affect the Joint Planning Area were submitted to Orange County for review prior to being presented for public hearing before the Carrboro Board of Aldermen. Because Orange County did not receive a copy of the proposed amendments, it did not have an opportunity to file a written objection, as provided for in the Joint Planning Agreement. Since there was no objection, the amendments were automatically incorporated by reference into the Orange County Zoning Ordinance, applicable to the Carrboro Transition Areas. A brief summary of all of the ordinance amendments which have been adopted by the Carrboro Board of Aldermen since the Carrboro Land Use Ordinance was incorporated by reference into the Orange County Zoning Ordinance on September 6, 1988 is attached. Amendments shown which specifically affect the Rural Buffer or Transition Area, or are more broadly applicable and involve issues of particular interest to Orange County, are indicated in boldface type. If the Board of Commissioners does not object to any of the amendments, then no action is necessary. If the Board of Commissioners does object to any of the amendments which have been adopted, then the Carrboro Board of Aldermen should be notified and the provisions in question should be scheduled for a public hearing before the Board of County Commissioners. Objections to any of the amendments must be based on inconsistency with the JPA Land Use Plan. If, after holding a public hearing, the Board of Commissioners chooses not to incorporate one or more of the amendments into the Zoning Ordinance, then those provisions would no longer be effective i in the Joint Planning Area, but would continue to apply in the remainder of the planning jurisdiction of Carrboro. i r 3 RECO1rMMATION: If the Board finds that all of the amendments to the Carrboro Land Use Ordinance are consistent with the Joint Planning Area Land Use Plan, then no action is required. If the Board finds that one or more of the amendments to the Carrboro Land Use Ordinance are inconsistent with the Joint Planning Area Land Use Plan, then the Administration recommends that the amendment(s) in question be presented for public hearing at the next regular quarterly public hearing, or be referred to staff to provide additional information. 4J TOWN OF CARRBORO NORTH CAROLINA July 11, 1995 Mr. Marvin Collins,AICP Director Orange County Planning Department Post Office Box 8181 Hillsborough,North Carolina 27278 RE: Joint Planning Area Land Use Ordinance Text Amendments Dear Marvin: In reference to Section 2.6(c) of the Joint Planning Agreement, I am requesting that Orange County re-adopt Carrboro's Land Use Ordinance. The adoption of Carrboro's entire Ordinance will ensure that all revisions to the text will be reflected in the version adopted by Orange County. Orange County first adopted Carrboro's Land Use Ordinance on October 18, 1988. I have enclosed a copy of Carrboro's Land Use Ordinance for adoption by Orange County. A listing of all amendments made to Carrboro's Ordinance, since Orange County initially adopted it, is reflected on pages 5-12 of the"Land Use Ordinance Amendments" section, which immediately follows the Table of Contents of the Ordinance. Thank you for your assistance in this matter and if you need additional information, - - please let me know. Sincerely Roy illiford,AICP Planning& Economic Development Director RMW/jes enclo. P.O. BOX 829 • 301 WEST MAIN STREET. CARRSORO. NC 27310 • (919) 942.8541 • FAX (919) 968.7737 • TDD(919)968-7717 AN EQUAL OPPORTUNITY EMPLOYER 5 TOWN OF CARRBORO NORTH CAROLINA July 27, 1995 Mr. Marvin Collins,AICP Director Orange County Planning Department Post Office Box 8181 Hillsborough,North Carolina 27278 RE: Joint Planning Area Land Use Ordinance Text Amendments Dear Marvin: Per telephone discussions with Mary Willis, please find enclosed copies of amendments made to Carrboro's Land Use Ordinance since October 18, 1988, which is the time that Orange County first adopted the Ordinance. These amendments reflect policies and procedures that would impact on the Joint Planning Agreement. Thank you for your assistance in this matter and if you need additional information, please let me know. Sincer , Roy illiford,AICP Pi g& Economic Development Director RMW/jes enclo. P.O. BOX 829 • 301 WEST MAIN STREET.CARRBORO.NC 27510 • (919) 942.8541 • FAX (919)968.7737 • TDD(919) 968-7717 AN EQUAL OPPORTUNITY EMPLOYER _ 6 f SUMMARY OF AMENDMENTS TO CARRBORO LAND DEVELOPMENT ORDINANCE r Below is a brief summary of all of the ordinance amendments which have been adopted by the Carrboro Board of Aldermen since the Carrboro and Chapel Hill development ordinances were incorporated by reference into the Orange County Zoning Ordinacne on September 6, 1988. The amendments shown in boldface type are those which specifically affect the Rural Buffer or Transition Area, or are more broadly applicable and involve issues of particular interest to Orange County. December 6, 1988 Amendments concerning floodways and floodplains (related to FEMA requirements) . March 21. 1989 Amendments related to preservation and protection of s large trees. April 25, 1989 Amendments to provisions related to side yard and corner lot setbacks upon implementation of Joint Planning Agreement. (Orange County's setbacks to remain in effect for existing lots in the R-20 district. ) May 9, 1989 Amendment related to use of pennants which advertise functions conducted by governmental or non-profit agencies. June 6, 1989 Amendment clarifying intent of administrative approval of minor design modifications or changes in zoning, special use and a conditional use permits. June 6, 1989 Amendment to describe construction drawing approval process and to clarify process for town acceptance of offers of dedication. June 6, 1989 Amendment requiring 100-foot vegetated setback along Transition Area II boundaries which are designated as both Rural Buffer and Public Private Open Space in the JPA Land Use Plan. October 31, 1989 Amendment relating to Stop Work Orders. November 28, 1989 Amendment relating to density calculations where a portion of the lot was acquired by NCDOT. December 5, 1989 Amendment authorizing Board of Adjustment to grant setback variances when minor violations have been created through good faith error. February 20, 1990 Amendments related to design standards and landscaping for cul-de-sacs. February 20, 1990 Amendments pertaining to sidewalk requirements. 7 i February 20, 1990 Amendments clarifying that the Towns may accept payment- in lieu of recreational facilities when the town has acquired land on which to construct recreational facilities which will serve the development. February 20, 1990 Amendment regarding selection of Board of Adjustment Officers. March 13, 1990 Amendment to change a Post Office from a permitted use to a conditional use. April 3, 1990 Amendments related to standards for stormwater drainage facilities. May 15, 1990 Watershed protection standards for the University Lake watershed. (lot sizes, impervious surface, etc. ) June 26, 1990 Watershed protection standards for the University Lake watershed. (no alternative septic systems, no sewer except certain lots in Rangewood. ) ? September 11, 1990 Amendment to allow deviation from minimum right-of-way width under some circumstances. September 25, 1990 Amendment requiring a Conditional Use Permit for certain uses in the C, B-5 and WM-3 districts. October 9, 1990 Amendment requiring an oath of office to be administered to the Board of Adjustment and Appearance Commission. October 9, 1990 Amendment to allow construction drawings to be prepared by professional engineers, architects and landscape architects. April 16, 1991 Amendment to create the Office (0) and Office Assembly (OA) zoning districts. June 4, 1991 Amend to definition of Arterial Street. June 18, 1991 Amendment pertaining to non-conforming uses which have been discontinued. October 1, 1991 Amendment pertaining to vesting of property rights. October 24, 1991 Amendment to make the approval process less complicated for small businesses. December 3, 1991 Amendment pertaining to use of signs. January 28, 1991 Amendment requiring that signs be placed within major subdivisions notifying prospective purchasers of future development plans. January 28, 1991 Amendment requiring that approved Site Plans be a 8 prominently displayed within major subdivisions. February 26, 1992 Amendment to require that under some circumstances, Conditional Use permits must be obtained rather than Zoning Permits. August 25, 1992 Amendment to require temporary signs. September 1, 1992 Amendment to clarify the agencies which may approve individual on-site septic or alternative sewage disposal systems. September 1, 1992 Amendment to make freestanding ATM machines permissible in certain districts. October 20, 1992 Amendment pertaining to design standards and performance standards for automotive repair or body shops. July 6, 1993 Amendments to comply with State water supply watershed protection Rules. November 9, 1993 Amendment to allow for deviations from setback requirements upon recommendation of the Appearance Commission. December 14, 1993 Amendment to allow water-dependent structures within watershed buffer areas. June 21, 1993 Amendment to define "Loop Street" . June 21, 1994 Amendment to provide for special exception permits. September 13, 1994 Amendment to change the composition of the Planning Board by converting one of the ETJ seats to a Transition Area seat. September 27, 1994 Amendment to provide specifications for turnarounds and alleys. April 18, 1995 Amendment to allow police presence facilities in every zoning district. June 20, 1995 Amendment pertaining to zoning districts for copy centers/printing operations. June 27, 1995 Amendment to add provisions related to dedication of open space. Forty percent open space is required for every development containing 15 or more dwelling units.