HomeMy WebLinkAboutAgenda - 03-27-2007-9c4ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 27, 2007
Action Agenda
Item No. 9- ,~ - ~'
SUBJECT: Northern Transition Area Small Area Plan Implementation Taskforce
DEPARTMENT: Board of Commissioners .PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): Under Separate Cover
NTA Advisory Board Membership
Orange County Planning Board Membership
Back ground information from the Town of
Carrboro
INFORMATION CONTACT:
Clerk's Office, 245-2130
PURPOSE: To consider making appointment(s) to the Northern Transition Area Small Area Plan
Implementation Taskforce.
BACKGROUND: The Carrboro Board of Aldermen has asked the Orange County Board of
Commissioners to chose an unspecified number of representatives to serve on a committee, which is
charged with reviewing the implementation of the Small Area Plan for the' Northern Transition Area.
It has been further clarified that at least one of the County's representatives should be a BOCC member;
other suggestions for appointment include Orange County NTA Advisory Board members, Planning
Board members, or Orange County staff members.
The Clerk's office received this information on March 1St. Carrboro has asked that these appointments
be made as soon as possible because the group is scheduled to have its first meeting on March 15tH
Membership to the Northern Transition Area Small Area Taskforce will include:
Plannin Board-1 Economic Sustainabili Commission-1
A earance Commission-1 Northern Transition Area Adviso Commission-1
Environmental Adviso Board-1 New Horizons Taskforce-1
Trans ortation Adviso Board-1 Town of Cha el Hill-1
Recreation and Parks Commission-1 At-Lar a Carrboro Residents-3
Board of Aldermen-2 UNC-1
Oran a Coun -?
FINANCIAL IMPACT: None.
RECOMMENDATION(S): Consider making appointment(s) to the Northern Transition Area Small
Area Plan Implementation Taskforce.
Page 1 of 1
Donna Baker
From: Drew Cummings [DCummings@ci.carrboro.nc.us]
Sent: Thursday, March 01, 2007.5:07 PM
To: Laura Blackmon; Gwen Harvey; Donna Baker, David Hunt
Cc: Steven Stewart; Patricia J. McGuire; Roy M. Williford
Subject: special request from the Carrboro Board of Aldermen
Dear Laura, Gwen, Donna, and David,
Forgive us for sending this to all of you, and doubly forgive us for such short notice.
At this last Tuesday's meeting, the Board of Aldermen asked that the Orange County Board of County
Commissioners (as well as a number of other bodies) be invited to identify an unspecified number (i.e. BOCC
gets to choose) of representatives to serve on a committee which would be reviewing the implementation of the
Small Area Plan for the Northern Transition Area. The Board of Aldermen wishes to appoint this committee next
Tuesday evening.
The attached letter went into the mail to you today, but we realized that there would be no regular meeting (except
tonight's) during which the BOCC would have an opportunity to appoint one or more members to this committee.
Rather than leave it at that, we decided to at least try this method of getting this request in front of the commission
at their worksession tonight. Some related agenda materials that may help the commissioners are also attached.
Many thanks, on behalf of our Board, for anything you can do to facilitate the BOCC's consideration of this
request.
Drew
Drew Cummings
Assistant to the Town Manager
Carrboro, NC
(919) 918-7314
Town of Carrboro Web Site: http://www.townofcarrboro.org
Pursuant to North Carolina General .Statutes, Chapter 132, etseq., this
electronic mail message and any attachments hereto, as well as any
electronic mail message(s) that maybe sent in response to it *may* be
considered public record and as such aze subject to requests for review.
3/2/2007
Roger Stancil, Town Manager
Town of Chapel Hill
405 Martin Luther King, Jr. Blvd.
Chapel Hill, NC 27541-5705
Laura Blackmon, County Manager
Orange County
200 South Cameron Street
Hillsborough, NC 27278
James Moeser, Chancellor
University of North Carolina at Chapel Hill
103 South.Building, CB#9100
Chapel Hill, NC 27599-9100
Dear Sirs and Madam: ~ Mazch 1, 2007
On February 20~', the Board of Aldermen adopted a resolution establishing a process to review the implementation
of the Facilitated Small Area Plan for Carrboro's Northern Study Area. The Boazd also set a public hearing for
Mazch 27`s on a draft ordinance that will, if adopted, enact asix-month moratorium on residential development. The
review process includes appointment of a committee made up of advisory board members, at-large citizens, and
representatives of the Board of Aldermen, Town of Chapel Hill, Orange County and the University of North
Carolina at Chapel Hill. You may review the materials associated with this matter (Item D4) on the Town's website
at http•//www townofcarrboro org,/BoA/Agendas/2007/02 20 2007.htm. A map of the Northern Study Area is
included among these materials.
The Board has directed staff to request that the Town of Chapel Hill and the University of North.Cazolina at Chapel
Hill each identify one representative who will serve on the Northern Study Area Plan Implementation Review
Committee (NSAPIRC). The Board did not specify the number of representatives to be identified by the Boazd of
County Commissioners. The schedule for this process is fairly tight; the first meeting of the NSAPIRC is scheduled
for Thursday, March 15~', at 7:30 p.m. As the Board of Aldermen will be making appointments to the committee on
Tuesday, Mazch 6`t', please provide contact information for your selected representative by noon that day.
Please don't hesitate to contact Trish McGuire (918-7327; ~mc ug ire(a~townofcarrboro.ora) for additional
information or if you are ready to inform us of your selected representative(s). Thank you for your attention to this
matter.
Sincerely,
Steve Stewart
Town Manager
The following resolution was introduced by .Alderman Alex Zaffron and duly seconded by
Alderman Randee Haven-O'Donnell.
A RESOLUTION ESTABLISHING A PROCESS TO REVIEW THE
IlVIPLEMENTATION OF THE FACILITATED SMALL AREA PLAN
FOR CARRBORO'S NORTHERN STUDY AREA
Resolution No.138/2006-07
WHEREAS, the Carrboro Board of Aldermen seeks to consider fully policies, plans and
regulations pertaining to development opportunities; and
WHEREAS, the Board of .Aldermen has expressed its desire to evaluate and, if necessary,
update the implementation of the NSA Plan
NOW, THEREFORE BE IT RESOLVED that the Board of Aldermen establishes the
following process to review and update the NSA Plan:
1) February 27 -Board adopts revised process. Board directs staff to request
participation from advisory boards and community members, as follows:
Group # Group #
Planning Boazd 1 Economic Sustainability Commission 1
Appearance Commission 1 Northern Transition Area Advisory Commission 1
Environmental Advisory Board l New Horizons Task Force 1
_
Transportation Advisory Boazd 1 Town of Chapel Hill l
Recreation and Parks
Commission 1 Orange County ?
Board of Aldermen 2 At-Large Carrboro residents 3
ITNC 1 .
It is expected that meetings will be held on the 3`d Thursday of each month in lieu of
otherwise regularly scheduled advisory board meetings starting in March.
2) March 6 -Board creates NSA Plan Implementation Review Committee
(NSAPIRC) and charges it with carrying out review process.
3) March 15 -first meeting of NSAPIRC. Staff presents overview of NSA Plan
and major development activity to date. Community forums, especially
structure, agenda, notification, et cetera are discussed.
4) Staff proceeds with activities needed for April 1~4 Community Forum. If needed,
staff will request that funds be made available by the Board of .Aldermen to
support the forums.
5) March 27 -Public hearing on development moratorium.
J
6) April 12 - NSAPIRC meets to review agenda, materials, and notification
strategies for Community Forum #l.
7) April l~ -Community fonun #1
8) May 17 - NSAPIRC meets to review outcome of first forum and plan the
second.
9) June 16 -Community fonun #2
10) June 16 to July 31-Committee meets to make recommendations based on staff
analysis and community input; staff works with committee to prepare ordinance
text and map revisions.
11) August 1 to August 15 -Final drafts of ordinance amendments prepared by
staff.
12) August 25 -Staff submits draft ordinance to Orange County by this date in
order to provide at least 30 days in advance of public hearing, anticipating the
Board of Aldermen action to set public hearing on August 2$.
13) August 28 -Board sets public hearing on proposed ordinance changes and
refers ordinance to advisory boards.
14) September 6 to 20 -Planning Board and other advisory boards review proposed
ordinance changes.
15) September 8 -First public hearing notice published.
16) September 15 -Second public hearing notice published.
17) September 25 -Board of Aldermen conducts public hearing and considers
adoption of ordinances.
18) October 10 (or thereafter, depending on effective date) -moratorium expires.
The foregoing resolution having been submitted to a vote received the following vote and
was duly adopted this 27th day of February 2007:
Ayes: Joal Hall Broun, Mark Chilton, Dan. Coleman, Jacquelyn Gist, Randee Haven-
O'Donnell, Alex Zaffron
Noes: None
Absent or Excused: John Herrera
BOARD ~OF .ALDERMEN
ITEM NO. D(4)
AGENDA ITEM ABSTRACT
MEETING DATE: February 20, 2006
TITLE: Discussion of a Process to Update Implementation of the Northern Study
Area Plan and Request to Set a Public Hearing on a Residential Development
Moratorium in That Area
DEPARTMENT: PLANNING ~ PUBLIC HEARING: YES _ NO X
ATTAC~rrrs: FOR INFORMATION CONTACT:
A. Resolution establishing implementation patricia McGuire - 918-7327
update process for NSA Plan Michael Brough - 929-3905
B. Resolution setting a public hearing
C. Excerpt of minutes, February 6, 2007
D. Planning Board recommendation
E. Review process proposal
F. Draft ordinance and map
G. Orange County. memo
H. Section 2.4 Joint Plannin A reement
PURPOSE .
On'February 6, the Board of Aldermen decided to proceed with establishing a process to review/update
the implementation of the Facilitated Small Area Plan for Carrboro's Northern Study Area. A six-
month moratorium on residential development was identified as a desired component of the review
process. Resolutions defining the review process and setting a public hearing on a draft ordinance to
establish asix-month moratorium are provided.
INFORMATION
Background information on this request may be found on the Town's website at
http•//www townofcarrboro.org/BoA/Agendas/2007/02 06 2007 D2.pdf.
On February 6, 2007 (Attachment G~, the Board of Aldermen decided upon a process to respond to
the recommendation from several advisory boards regarding development in the Northern Study
Area (NSA) since adoption of the small area plan in 1998. The Board expressed its desire to
proceed with two actions:
1) Initiation of a process to evaluate the type of development occurring in the NSA to
deterniine whether additional or alternative regulatory measures were needed to achieve the
goals and objectives set forth there (Attachments D and E~, and
2) Formalize the statement of purpose, scope, land area affected, and schedule of activities for
a moratorium on residential development in the NSA.
The staff has responded to these directions and offers a resolution that establishes the, review
process and a draft ordinance establishing asix-month moratorium on residential development in
02-20-2007#5
7
Page 2
Agenda Item Abstract D(4)
February 20, 2007
the NSA (Attachments A and F). A resolution setting a public hearing on the ordinance establishing
the moratorium and referring the ordinance to advisory boards and Orange County is also provided
(Attachment B). ~ .
It must be noted that a portion of the NSA is located with the Transition Areas portion of the Joint
Planning Area as identified in the Joint Planning Agreement (JPA) (see map, Attachment F-2). The
JPA allows the enactment of a moratorium, initially for no more than six months in duration
(Attachments G• and I~. The moratorium may be extended one time for more than six months
following the same procedures. With respect to Carrboro's Transition Areas, the moratorium shall
not be effective until adopted by the Town and approved by Orange County following a public
hearing conducted by the Town of Carrboro. A joint public hearing is not required. Aside from the
public hearing notice required by the •JPA, it is anticipated that review of this would be scheduled
by the Board of County Commissioners for a meeting soon after the public hearing. Staff has
discussed the pending moratorium with Orange County staff and possible scheduling options. April
10 has been identified as a tentative date for formal review by the Board of County Commissioners
following a March 27d' public hearing.
Review process to update implementation of NSA Plan
Review and update of the implementation of the NSA Plan could occur with or without a
development moratorium. The Board of Aldermen has expressed an interest in enacting a
moratorium to limit activity, allow staff and advisory board energy to be focused on this matter, and
,reduce conflicts and uncertainty between actions that are currently acceptable but may not be under
future regulations. The review process will consequently have two phases, one which occurs prior
to the effective date of the moratorium and one which occurs while the moratorium is in effect. The
Board has expressed an interest in completing the process within six months, an aggressive
schedule. All steps shown in bold are expected to occur during the 6-month moratorium
1) February 20 -Board adopts process and sets public hearing on development moratorium for
March 27th. Board directs staff to request participation from advisory boards and
community members (no more than 50), with the expectation that meetings will be held on
the 3rd Thursday of each month in lieu of otherwise regularly scheduled advisory board
meetings starting in March (Planning, Appearance, Environmental, Transportation,
Recreation and Parks, Economic Sustainability)
2) March 6 -Board creates NSA Plan Implementation Review Committee (NSAPIRC) and
charges it with carrying out review process
3) March 15 -first meeting of NSAPIR.. Staff presents overview of NSA Plan and major
development activity to date. Community forums, especially structure, agenda, notification,
et cetera are discussed
4) Staff proceeds with activities needed for May 5 Community Forum. If needed, staff will
request that funds be made available by the Board of Aldermen to support the forums.
5) March 27 -Public hearing on development moratorium
6) April 19 - NSAPIR meets to review agenda, materials, and notification strategies for
Community Forum #1
7) May 5 -Community forum #1
8) May 17 - NSAPIR meets to review outcome of first forum and plan the second.
9) June 2 -Community forum #2
02-20-2007#5
Page 3
Agenda Item Abstract D(4)
February 20, 2007
10) June 3 to July 31-Committee meets to make recommendations based on staff analysis and
community input; staff works with committee to prepare ordinance text and map revisions.
11) August 1 to August 15 -Final drafts of ordinance amendments prepared by staff.
12) August 25 -Staff submits draft ordinance to Orange county by this date in order to provide
at least 30 days in advance of public hearing, anticipating the Board of Aldermen action to
setpublic hearing on August 28
13) August 28 -Board sets public hearing on proposed ordinance changes and refers ordinance
to advisory boards and Orange County.
14) September 6 to 20 -Planning Board and other advisory boards review proposed ordinance
changes.
15) September 8 -First public hearing notice published.
16) September 15 -Second public hearing notice published.
17) September 25 -Board of Aldermen conducts public hearing and considers adoption of
ordinances.
18) October 10 (or thereafter, depending on effective date) -moratorium expires
Description of the draft ordinance
See attached (Attachment G~. As required by North Carolina General Statute 160A-381 (g), the
ordinance establishing a development moratorium for Carrboro's NSA must specify the need,
purpose, time frame; applicability, and expected accomplishments. The draft ordinance includes
these required features, describes the requirements under the Joint Planning Agreement and also
notes those projects or approvals that will not be subject to the moratorium. Despite these
exceptions and those otherwise granted by the provisions of NCGS 160A-381 itself, there are
several proposed projects that may be affected by the moratorium. Pending applications are noted
below (as of information available on Friday morning, February 16). Those shown in bold are
expected to be affected by the moratorium.
Type Concept
Review Plan Concept
Approval Plan Subject to
Moratorium
Tallyho AIS Residential Underway No Yes
Litchfield AIS Residential Yes Yes ~ Yes
Claremont II AIS Residential Yes Yes Yes
Carolina Commons Residential Preliminar y stage Not yet Yes
Twin Creeks Park Recreational No No No*
Won Buddhism Ctr Institutional N/A N/A No*
Ballentine AIS Residential Yes Yes No
Jones Property AIS Residential Yes Yes No
Elementary #10 Institutional N/A N/A No
Claremont I AIS Residential Yes Yes No
---_
* If limitation on residential projects only, otherwise this project would also be affecte y
moratorium.
FISCAL Il~ZPACT
02-20-2007#5
Page 4
Agenda. Item Abstract D(4)
February 20, 2007
A cost. estimate for the implementation review process, including two community forums and
facilitator support, will be determined through the work of the NSAPIl2C. A public hearing is
required for review of the ordinance establishing a moratorium, with associated published notice
costs. Written notice of the public hearing on the proposed moratorium is not required.
STAFF RECOMI~~:NDATION
The staff recommends that the Board of Aldermen consider the attached resolutions that 1) establish
a NSA Plan Implementation Review process and 2) set a public hearing to establish asix-month
moratorium on residential development for the Northern Study Area (Attachment A).
02-20-2007#5
fa
ATTACHMENT A
A RESOLUTION ESTABLISHING A PROCESS TO REVIEW THE IlVIPLEMENTATION OF THE
FACILITATED SMALL AREA PLAN FOR CAR.RBORO'S NORTI~RN STUDY AREA
• Resolution No. 134/2006-07
WHEREAS, the Carrboro Board of Aldermen seeks to consider fully policies, plans and regulations
pertaining'to development opportunities; and
WHEREAS, the Board of Aldermen has expressed its • desire to evaluate and, if necessary, update the
implementation of the NSA Plan
NOW, THEREFORE BE IT RESOLVED that the Board of Aldermen establishes the following process to
review and update the NSA Plan:
1) February 20 -Board adopts process and sets public hearing on development moratorium for March
27th. Boazd directs staff to request participation from advisory boards and community members (no
more than 50), with the expectation that meetings will be held. on the 3ia Thursday of each month in
lieu of otherwise regularly scheduled advisory board meetings starting in Mazch (Planning,
Appearance, Environmental, Transportation, Recreation and Parks, Economic Sustainability)
2) March 6 -Board creates NSA Plan Implementation Review Committee (NSAPIRC} and charges it
with carrying out review process
3) March 15 -first meeting of NSAPIR. Staff presents overview of NSA Plan and major development
activity to date. Community forums, especially structure, agenda, notification, et cetera acre discussed
4) Staff proceeds with activities needed for May 5 Community Forum. If needed, staff will request that
funds be made available by the Board of Aldermen to support the forums.
5} March 27 -Public hearing on development moratorium
6) April 19 - NSAPIR meets to review agenda, materials, and notification strategies for Community
Foram #1
7) May 5 -Community forum #1
8) May 17 - NSAPIR meets to review outcome of first forum and plan the second.
9) June 2 -•Community forum #2
10) June 3 to July 31-Committee meets to make recommendations based on staff analysis and
comrriunity input; staff works with committee to prepare ordinance text and map revisions.
11) August 1 to August 15 - Final•drafts of drdinance amendments prepared by staff.
12}August 25 -Staff submits draft ordinance to Orange county by this date in order to provide at least
30 days in advance of public hearing, anticipating the Board of Aldermen action to set public hearing
on August 28.
13) August 28 -,Boazd sets public hearing on proposed ordinance changes and refers ordinance to
.advisory boards.
14) September 6 to 20 -Planning Board and other advisory boards review proposed ordinance changes.
15) September 8 -First public hearing notice published.
16) September 15 -Second public hearing notice published.
17) September 25 -Board of Aldermen conducts public hearing and considers adoption of ordinances.
18) October 10 (or thereafter, depending on effective date) -moratorium expires
ATTACHMENT B
A RESOLUTION CALLING A PUBLIC HEARING ON THE ESTABLISHMENT OF A SIX-
MONTH MORATORIUM ON REZONING REQUESTS AND SPECIAL AND CONDITIONAL
USE PERMIT APPLICATIONS FOR RESIDENTLAL DEVELOPMENT IN CARRBORO' S
NORTHERN STUDY AREA
Resolution No. 133/2006-07
WHEREAS, the Carrboro Board of Aldermen must receive public comment on the establishment of
development moratoria; and
WHEREAS, the Planning Board has recommended and the Board of Aldermen has developed a
proposal for a process to review the implementation of the Facilitated Small Area Plan for
Carrboro's Northern Area, and
WHEREAS, a development moratorium provides the opportunity to commit staff time and other
.resources to the review of adopted policies and plans to determine whether development
applications are achieving the community goals expressed in those documents, and to update them
if needed.
NOW, TI~REFORE BE IT RESOLVED that the Boazd of Aldermen calls a public hearing on
March 27, 2007 to receive public comment on a draft ordinance that would establish asix-month
development moratorium on rezoning requests and special and conditional user permit applications
for residential development in Carrboro's Northern Study Area and refers the draft ordinance to
Orange County for review per the Joint Planning Agreement and to the Town of Carrboro Planning
Boazd for its recommendations. .
BE IT FURTHER RESOLVED that the draft ordinance is also referred to the following advisory
boards and commissions for consideration and recommendation prior to the specified public hearing
date:
Appearance Commission
Recreation and Parks Commission
Transportation Advisory Boazd
Environmental Advisory Board
Northern Transition Area Advisory
® Committee
Economic Sustainability Commission
~a
ATTACHMENT C
DISCUSSION OF PLANNING BOARD RECOMMENDATION FOR A DEVELOPMENT
MORATORIUM IN THE NORTHERN STUDY AREA
On December 5th, the Board of Aldermen received a presentation from Alderman Alex Zaffron and Planning
Board chair James Carnahan to develop a process to re-examine the plan for Carrboro's Northern Study Area.
The staff recommended that the Board of Aldermen consider a resolution providing an opportunity to specify
follow-up in response to the Planning Board request.
It was the consensus of the Board to request that the town staff bring the process to update and implement the
Northern Study Area Small Area Plan to the Board for adoption on February 20~'.
The following resolution was introduced by Alderman Alex Zaffron and duly seconded by Alderman Joal Hall
Broun.
A RESOLUTION SPECIFYII~tG FOLLOW-UP TO PLANNING BOARD RECOMMENDATION
FOR A DEVELOPMENT MORATORIUM IN THE NORTI~RN STUDY AREA
Resolution No. 116/2006-07
WHEREAS, the Carrboro Board of Aldermen seeks to consider fully policies, plans and regulations pertaining
to development opportunities; and
WHEREAS, the Planning Board has made a recommendation for a moratorium in the Northern Study Area.
NOW, THEREFORE BE IT RESOLVED that the Board of Aldermen directs staff as follows
Instruct staff to define a process for asix-month moratorium on residential development in the Northern
Study, Area. ,
The foregoing resolution having been submitted to a vote received the following vote and was duly adopted this
6th day of February, 200'7:
Aye's:. Joal Hall Broun, Mark Chilton, Dan Coleman, Randee Haven-O'Donnell, John Herrera, Alex Zaffron
Noes: None
Absent or Excused: Jacquelyn Gist
***********
Carrboro Board of Aldermen Page 9 February 6, 2007
t3
ATTACHMENT D
30Y West Main Street, Carrboro, North Caro/ina 275~i0
R]EC C.~MM~El~T1~ATI®10~
May 4, 2006
Request from the Planning Board that the Board of Aldermen Consider a
Moratorium on De~elopmerlt in the Northern Study Area. Revised 4-17-06
On several occasions recently, including at their Retreat in February, 2006, the Aldermen have expressed
concerns about the manner in which development has been talang place in the Northern Study Area
(NSA), as well as a desire to re-consider the current zoning iri the NSA. '
Members of the Planning Board share those concerns, and note that development is continuing at a rapid
pace whereby future opportunities to achieve important community goals for the NSA are dwindling. In
light of the swift pace of development applications, the Planning Board strongly recommends that the
Aldermen enact a Moratorium on rezoning, major subdivisions, special and conditional use pemut
applications throughout the NSA for a period of. time sufficient to re-evaluate existing zoning and
ordinance in respect of the principles and objectives of the'Facilitated Small Area Plan for Carrboro's
Northern Study Area, as well as the .interests and concems of residents of the NSA, and to enact,. if
necessary, new zoning and ordinance for the NSA. ' '
To the members of the Planning Board it appeazs that some principles expressed in the Srnall Area Plan
are not being realized by the pattern of suburban development predominating in the NSA. Consider the
following principles from the Plan: .
"Vllage-type development should be encouraged. This type of development blends resident{al and
commercial opportunities, and is easily negotiated by pedestrians... Village-type development improves
the Town's ability to provide~services efficiently... " (p31)
"Carrboro needs neighborhoods with a mixture of housing opportunities designed for a diverse
population. " {p31) '
"Since the population of Carrboro. will continue to increase significantly in the study area, new
commercial development will be needed. 'Routine commercial service needs should be met by
neighborhood centers. " (p33)
"Development of new transit routes and the location of higher density development zoning near such
routes should be encouraged. " (p36) ~ •
1 ~~--
ATTACHMENT E
Proposed Process to Update & Implement
Carrboro's Northern Study Area Small Area Plan.
Process Goals:
o To engage broad public participation in a review of the Small Area Plan for the NSA that will identify
key goals of the Plan and decide whether & to what extent they are being met;
o Within a narrow focus based on the original Plan & existing Town Ordinance, produce Zoning &
Ordinance proposals to bring about achievement of the original SAP vision for the NSA;
• Maintain the original SAP "build-out" density objective of 2.1 units per acre;
o Be mindful of the Town's long stated goal of doubling the non-residential tax base, consider achieving a
minimum 30% commercial base at build-out of the NTA;
s Formulate proposals in respect of the immediate & proximate desires of residents of the NSA, and the
long term interests of the larger community & of future residents.
Who would conduct the Process?
® Facilitator (?)
® Representatives from the following Advisory Boards:
Planning Board NTA Advisory Boazd
Transportation Advisory Board Environmental Advisory Board
New Horizons Task Force Parks 8c Recreation Commission
Econonnic Sustainability Commission Appearance Commission.
• Representatives from Orange County and/or Chapel Hill as parties to the Joint Planning Agreement (?)
Time-line for the Process:
The Update should be completed within 6 months of acceptance of this Proposal.
(i. e. 6 months for completion of committee & workshop activity to produce zoning & ordinance
recommendations, as well as Board of Aldermen action on the proposals.)
Process Outline: (as suggested by Alderman Coleman)
• Community Workshop #1, consisting of review of current documents & maps prepazed by Staff, and
solicitation of input via brainstorm and/or "breakout" sessions (Include for review: GIS inventory showing
important & sensitive environmental features, maps ident~ing.which properties are already developed
or in the approvals process and which are not, zoning currently in place, basic info about each of the
zones in the Ordinance, a reprise of the Small Area Plan objectives for the NTA, and projections of what
density will result at the current rate of development given current zoning.)
• Committee reviews Small Area Plan plus input from Workshop #1 to deternune key topic areas based
on Process Goals;
• Committee conducts individual meetings to flesh out proposals for each of the key topic areas;
• Community Workshop #2 -for each topic area
1) present Committee finding
2) break into small groups to discuss
3) hear reports from the small groups
® Committee integrates results from Workshop #2 into final report;
• Staff prepaze analysis of final report;
• Bof A work session & followup action .
Suggested Board of Aldermen Involvement (perD Coleman)
• Appoint a facilitator (?)
• All members attend if able
• Ensure that each member attends at least one topic area meeting and that each topic area meeting has
one BofA member present (ta ensure engagement of each member in some aspect of detail discussions)
15
ATTAC)EYMfENT F-1
AN ORDINANCE ESTABLISHING A S1X-MOrtTH MORATORIUM ON THE
CONSIDERATION OF REZONING PROPOSALS AND TIC ACCEPTANCE OF
NEW APPLICATIONS FOR SPECIAL OR CONDITIONAL USE PERMITS FOR
RESIDENTIAL DEVELOPMENT WITHIN THE NORTHERN STUDY AREA
THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO ORDAINS:
Section 1. The Board finds that:
a. On May 26, 1998, following yeazs of study and community participation, the
Board of Aldermen adopted the Facilitated Small Area Plan for the Northern
Study Area (Northern Study Area Plan), a document which established
planning goals and objectives for the area shown on the map attached to and
incorporated into this ordinance as Attachment A.
b. The Carrboro Land Use Ordinance and zoning map were amended in an
attempt to implement the goals and objectives set forth in the Northern Study
Area Plan.
c. Significant development within the Northern Study Area has occurred since
the adoption of the plan and the ordinance changes designed to implement the,
plan.
d. The Carrboro Planning Boazd as well as other advisory boards and individual
citizens have expressed doubts whether the goals and objectives of the
Northern Study Area Plan are being achieved and can be achieved without
modifications to the Land Use Ordinance and zoning map.
e. The Board has considered and devised a process to involve the town's
advisory boards as well as citizens and interested parties in the examination of
the Land Use Ordinance and zoning map to determine if changes aze
warranted in order to better implement the goals and objectives of the
Northern Study Area Plan.
f. Considerable assistance from the town's planning staff will be necessary in
order to allow this process to move forward satisfactorily and expeditiously.
g. A moratorium. on'the consideration of rezoning proposals and the acceptance
of new applications for conditional and special use permits for residential
developments is necessary in order to allow the planning staff to devote the
time necessary to move the above described planning process forwazd.
h_ A moratorium on the consideration of rezoning proposals and the acceptance
of new special and conditional use permit applications is also necessary to
prevent decisions that could be inconsistent with the results of the planning
process outlined above.
1~
ATTACHMENT F-2
i. A moratorium on the acceptance of special and conditional use permits
pending the completion of the.planning process described above is also
necessary to avoid the waste of time and resources (on the part of developers
as well as town staff] that would otherwise occur if development plans are
prepared and evaluated under ordinance requirements that may well be subject
to change before the review process is completed.
j. The Board concludes that no other alternatives to a moratorium exist that
would serve as well to achieve the objectives and avoid the problems set forth
iu paragraphs g, h, and i above.
Section 2. From and after the effective date of this ordinance, for a period of six
months, (i) the town will not accept applications for rezonings nor consider any pending
applications for the rezoning of property within the Northern Study Area as shown on
Attachment A, and (ii) the town will not accept any new applications for approval of
special or conditional applications for development of property within the Northern Study
Area as shown on Attachment A. Nor shall the town review or consider any concept
plans for developments within this area. This moratorium is designed to provide time to
allow for consideration of Land Use Ordinance map and text changes that would better
achieve the goals and objectives of the Northern Study Area Plan and otherwise to
achieve the objectives set forth in Section 1 of this ordinance.
Section 3..As set forth in Section 2, this moratorium terminates at the end of a six
month period following its effective date. This six month period is the minimum time
necessary to allow the above described planning process to go forward, including the
preparation and adoption of any ordinance text or map changes that may be the product
of this process.
Section 4. In accordance with Section 2.3C of the Joinf Planning Agreement, a
moratorium affecting rezoning or development applications within the Carrboro Joint
Development Area may not become effective until approved by the Orange County
Board of Commissioners. It is anticipated that such approval maybe forthcoming on
April 10, 2007, making that date the effective date of this moratorium. Either prior to the
effective date of the moratorium, or while the moratorium is in effect, the following
schedule of work is hereby established so that the planning process described above can
be completed prior to the expiration of the moratorium.
a. Prior to or by effective date of moratorium -NSA Plan Implementation
Committee established by Board of Aldermen
b. May 5 -Community forum #1
c. June 2 -Community forum #2
d. June 3 to July 31-Committee meets to make recommendations based
on staff analysis and community input; staff works with committee to
prepare ordinance text and map revisions.
l~
ATTACHMENT F-3
e. August 1 to August 15 -Final drafts of ordinance amendments
prepared by staff.
f. August 28 -Board sets public hearing on proposed ordinance changes
and refers ordinance to advisory boards and Orange .County.
g. September 6 to 20 -Planning Boazd and other advisory boards review
proposed ordinance changes.
h. September 8 -First public hearing notice published.
i. September 15 -Second pubic hearing notice published.
j. September 25 -Boazd of Aldermen conducts public hearing and
considers adoption of ordinances.
k. October 10 (or thereafter, depending on effective date) -moratorium
expires.
Section 5. This ordinance shall become effective on the date it is approved by the
Orange County Boazd of Commissioners, having first been adopted by the Carrboro
Board of Aldermen. It shall remain in effect for a period of six months thereafter in
accordance with its terms, except that, as provided in G.S. § 160A-381, this ordinance
shall not apply to:
a. Any special or conditional use permit application that has been
accepted by the town prior to the effective date of this ordinance. An
application shall be regazded as accepted when it has been submitted.
for review in a manner that is sufficiently complete to enable the staff
to undertake-its normal review process and when all applicable fees
have been paid to the town for the review of such application.
b. Final subdivision plat approvals or requests for insignificant deviations
from or minor modifications of existing special or conditional use
permits...
c. Any development for which substantial expenditures have akeady been
made in good faith reliance on a prior valid administrative or quasi-
judicialpermit or approval.
ATTACHMENT F
i~
~~
ATTACHMENT G
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
~edntr °r s`
Current Planning ~ ~~~ ; ~ °': 306E Revere Road
(919) 245-2575 ~r ~ ~ P O Box 8181
{919) 644-3002 (Fax) „~ Hillsborough,
www.co.orange.nc.us "°<<b ~.~a~°* North Carolina, 27278
TO:. Craig Benedict -Planning Director
FROM[: Michael D. Harvey -Planner II
CC: Robert P. Davis -Current Planning Supervisor
Geoffrey Gledhill -.County Attorney
DATE: Wednesday, October 18, 2006
RE: REV]EW of recent amendment to North Carolina General Statutes concerning
establishment of moratoriums by local governments.
As requested, please accept the following memorandum as an analysis of recent amendments to
North Carolina General Statues concerning the imposition of development moratoriums by local
governments. The regulations concerning the procedure foz a County to initiate a moratorium
are covered under NCGS 153A-340 (h) while a municipality is bound by the pzocedures outlined
under NCGS 160A-381 (e).
The request for this analysis was made after staff was informed that the Town of Carrboro was
considering imposing a development moratorium within the Joint Planning Area (JPA)
Transition Area of the County. As of this date, staff has not received any information concerning
the proposal.
BACKGROUND:
A moratorium is loosely defined as a temporary cessation by a local government in granting
permits allowing for the development of property while efforts are undertaken to review,
analyze, or address concerns over conditions associated with a specific classification of
development (i.e. residential, commercial, industrial, etc.) or over concerns arising out of
allowing any and all development to occur within a specific area. Originally, the power of local
~v
ATTACHMENT G-2
governments to initiate moratorium was viewed as an implied, power but was never explicitly
recognized within North Carolina General Statutes.
The explicit establishment of the authority for local governments to establish moratoriums was
part of Senate Bill $14, An Act to Modernize and Simplify City and County Planning and
Land-Use Management Statutes. The modifications were signed into law by Governor Easley on
September 22, 2005 and are now referenced as Session. Law 2005-426 (attached for reference).
The new. regulation not only seeks to formalize the pxocess but to also codifies the constitutional
limitations on the use of moratoria by local governments.
The new regulations governing the implementation of moratoriums are summarized as follows--
1. Any ordinance establishing a development moratorium must expressly include at the time
of adoption each of the following:
a. A clear statement of the problems or conditions necessitating the moratorium and
what courses of action and what alternatives to the proposed moratorium were
considered by the local government and why those alternative courses of action
were not deemed adequate.
b. A clear statement of the development approvals subject to the moratorium and
how a moratorium on those approvals will address the problems or conditions
leading to imposition of the moratorium.
c. An express date for termination of the moratorium and a statement setting forth.
why that duration is reasonably necessary to address the problems or conditions
leading to imposition of the moratorium.
. d. A clear statement of the actions, and the schedule for those actions, proposed to
be taken by local government during the duration of the moratorium to address
the problems ar conditions leading to imposition of the moratorium.
2. With respect to adoption local governments seeking to adopt moratoria, the following
advertising standards apply:
a. A temporary moratoria of a sixty (60) day duration or less maybe adopted with a
public hearing that has one (1) notice published seven (7) days. in advance, unless
there is an imminent and substantial threat to public health and safety, in which
case a public hearing is not required.
b. Longer moratoria, including extensions of temporary moratoria beyond sixty (60)
days require the same notice and hearing as routine land use ordinance
amendments (NCGS 153A-323).
3. Moratoria may be renewed or extended only if the government has taken all reasonable
and feasible steps to address the problem leading to the moratorium and if new facts and
conditions warrant an extension,
4. Unless there is an imminent threat to public health and safety, moratoria do not apply to
projects that have already received a' vested right under current law; nor do they apply to
- ~' ~t
ATTACI3MENT G -j
preliminary or final plats or to special and conditional use permit applications that have
been accepted for review prior to the call for a hearing on thernoratorium,
5. Provision is also made within 153A-340(h) for expedited judicial review and the
govenunent has the burden of showing compliance with the procedural requirements. of
the statute in such challenges.
as
ATTACHMENT H
B. Whenever Chapel Hiil or Carrboro receives an application for a development permit as
defined in this Agreement relating to land within their respective portions of the Transition
area, it shall forward copies of the application to Orange County for review. The towns
shad establish timetables to insure that Orange County has an opportunity to make
recommendations regarding such applications within the framewock of the County's
.regularly scheduled meeting dates. To the extent passible, the timetables of the County
and the towns shall provide for simultaneous review to expedite application processing;
provided, however, the towns may not vote to issue or deny a permit until they have
received the recommendations ofOrange County or until the expiration of forty-five (45)
?~
days after orange County has received the application, whichever comes first.
{~ ~~rYy
1 ~ /~C. ~~ro ~t~ime to time a development moratorium is appropriate in order to address exigent
C`I~,V~ circumstances or the results of a study of density designations, plan classifications or other
~~ ~ ~~~
matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning
Area Land Use 141ap or any of the land use ordinances of the Town of Chapel Hill or the
/~ i
1~~~ Town of Carrboro. To preserve the status quo pending the consideration of a land use
ordinance amendment designed to address exigent circumstances or the iesults of a study,
the Town of Carrboro or the Town of Chapel Hill may propose the adoption of a
development moratorium pending consideration of the ordinance amendment. With
respect to the CJDA, any proposed moratorium shall not be effective until adopted by the
Town of Canboro and approved by Orange County following a public hearing conducted
by the Town of Carrboro. With respect to the CHJDA, any proposed moratorium shall not
be effective until adopted by the Town of Chapel Hill and approved by Orange County
following a public hearing conducted by the Town of Chapel Hill. Any such adopted and
approved moratorium shalt initially be no more than six months induration and maybe
extended one time for no more than six months for the reasons and following the
procedures prescribed here.
Section 2.4 Perm[t Administration in the Rural Buffer •