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HomeMy WebLinkAboutAgenda - 04-24-2007-10aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 24, 2007 Action Agenda Item No. ~ p -p 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 Volunteer Application for Renee Price Orange County Planning Board Membership List of NTA Implementation Group Membership Minutes from the March 28th meeting Background 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. At the April 10, 2007 Board of Commissioners meeting, it was asked that the Orange County Planning Board be asked to provide a volunteer to serve on this taskforce. Renee Price has volunteered to be the Planning Board representative on this taskforce. The Clerk's office first received information on this taskforce on March 1St. At that time, Carrboro asked that these appointments be made as soon as possible because the group is scheduled to have its first meeting on March 15th. Until appointments could be made, Orange County Planning staff has been attending meetings. Membership to the Northern Transition Area Small Area Taskforce will include: Plannin Board-1 Economic Sustainabilit 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 e Carrboro Residents-3 Board of Aldermen-2 UNC-1 Oran e Coun Plannin Board-1 Oran e Coun BOCC-1 a Summary notes from the March 28, 2007 NSAPIRC and NSAPIRC membership lists are attached. Please note that Jay. Bryan, Northern Transition Area Advisory Committee (NTAAC) member and Orange County Planning Board Chair, was elected Chair of the NSAPIRC. FINANCIAL IMPACT: None. RECOMMENDATION(S): Consider making appointment(s) to the Northern Transition Area Small Area Plan Implementation Taskforce. aq Page 1 of 1 Renee Price Volunteer Application Orange County Advisory Boards and Commissions Name: Name Called: Home Address: Phone: (Day) Phone: (Evening) Fax: Email: Place of Employment: Job Title: Ms. Renee Price P.O. Box 1486 Hillsborough NC 27278 919-286-7941 seenote 919-593-1904 raiprice@earthlink.net Township of Residence: Hillsborough Zone of Residence: Sex: Ethnic Background: Date of Birth: Female African American Boards/Commissions applied for: Work Experience: Program Coordinator, Land Loss Prevention Project. Federation of Southern Cooperatives (Forestry Project Director); Agricultural Resources Volunteer Experience: Orange County Planning Board; Orange County Human Relations Commission; Weaver Street Market; Durham Food Cooperative Education: Cornell University (MA Regional Planning); School for Girls (HS Diploma). Tufts University (Bachelor of Arts); Columbia Other Comments: Renewed application 5/11/04 for OC/Hillsb. Urban TA TF; Renewed application 10/23/00 for Board of Adjustment; Orange County Planning Board; Historic Preservation Commission. ADDRESS VERIFICATION: 1701 Riverside Drive is Renee's street address: . This application was current on: 5/11/2004 Date Printed: 4/18/2007 0 0 0 °o 0 0 0 0 a N N N N N~ ~ O O O N N O ' p v q~ ~ O O ^~ O O .-+ O O O I • "' ~o ~ ~ ~ G p ~ ~ y O ~ ~ aqi ~ ~ ~ ~ ° ~ ~ O O m O ^~ C m ~ ~j ~ ~ O ,~ .~ ~ ~O ~ ~~., ~ O ~ ~~+ (~ O p .tom. 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McGuire; Sarah Williamson Subject: RE: Carrboro NTA Hi Monica and Donna, I believe this is the correct list of who has been appointed thus far. I am also attaching an updated info. sheet with additional meeting times, etc. The second meeting of the NSAPIRC is tonight. Provided the BOCC appoints someone on 4/10, that will be two days before the final planning meeting (4112) for the first community meeting (4114). Thanks for letting us know what your schedule is. Drew Drew C~unmings Assistant to the Town Manager Carrboro, NC (919) 918-7314 NORTHER N STUDY AR EA PLAN IlV.~'LEMENTATIO N REVl.ijW c :umivu r r ~.~ James 122 Oak ~carnahan(a~~minds~rin~ com H-942-6114 3-6- Planning Brd. Carnahan St., 2007 Susan Carrboro 8720 Poult001 ,mc.duke.edu H-929-0769 3-6- Planning Brd. Poulton Union W-681- 2007 Grove Ch. ~ 4750 R, CH 27516 Tom 503 Oak hotmail.com wiltbergerT(a H-96$-6169 3-6- Appearance Wiltberger Avenue, o W-451- 2007 Com. tentative Carrbaro 0740 Cazolyn~ 8100 N. mojobuckner~a7hotmail.com H-932-3576 3-6- EAB Buckner Hound Ct., ~ 2007 CH 275 T6 Tom High 300 Ray bthi~h(a,aol.com H-929-0754 3-6- TAB Rd., CH 2007 27516 Doris 110 Dmurrell.P.email.unc.edu H-968-6559 3-6- Rec. & Pazks Murrell Williams W-966- 2007 Com. (tentative) St., 8191 Alena Carrboro 1004 alenac(cr~us.ibm.com H-942-8905 3-6- - Economic Callimanis Camden W-942- 2007 Sustainability Lane, CH 0896 Com. 3/28/2007 Sunflower Page 2 of 3 27516 Jay Bryan 8033 Old Jaybryan7 ~msn.com H-929-6482 3-20- NTAAC N.C.86, W-933- 2007 CH 27516 1200 Lydia 8107 Kit lydlavelle(a~nc.rr.com H-942-5640 3-6- New Lavelle Lane, CH W-530- 2007 Horizons 27516 7464 Task Force Alex P.O. Box azaffron~7a townofcarrboro.or~ H-360-8048 3-6- Board of Zaffron 667, 2007 Aldermen Carrbaro Mark 203 Ashe Mark Chilton(~~iotmail.com H-968-8090 3-6- Boazd of Chilton Street, W-932- 2007 Aldermen Carrboro 1927 Amy 305 Deer ~erolom(a~unch.unc.edu H-967-1247 3-20- At-large Jeroloman Ridge Dr., W-966- 2007 CH 27516- 6621 5190 James 1510 j.imasaur(a~,msn.com H-932-4637 3-20- At-lazge Rabinowitz Homestead W-541- 2007 Rd., CH 5714 27516 Jannice UNC Jannice ashley~~ac.unc.edu W-962- 3-7- UNC-CH Ashley Property 9063 2007 Office, CB#1060, CH 27599 not et identified At-lar e not et identified Town of Cha el Hill (not vet identified /may be more than. one Oran a Coun From: Monica Evans [mailto:mevans@co.orange.nc.us] Sent: Wednesday,~Mazch 28, 2007 10:31 AM To: Drew Cummings Cc: Donna Baker Subject: Carrboro NTA Drew, The Orange County Board of Commissioners decided to defer the NTA appointments last night. The Commissioners would like this item back on their agenda for their Apri110th meeting. Can you please send me a list of the other appointees. Please get this information to be by the end of today, so it can be adding to the April LOth agenda. 3/28/2007 Sunflower ~ Page 3 of 3 Thanks, Monica C. Evans .Assistant to the Clerk/ Boards and Commissions 200 S. Cameron Street P.O. Box 8181 Hillsborough, NC 27278 919-245-2125 (phone) 919-644-0246 (fax) Town of Carrboro Web Site: http://www.townofcarrboro.org Pursuant to North Carolina General Statutes, Chapter 132, et.seq., 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 are subject to requests for review. 3/28/2007 ~~ NOTES FROM MARCH 28, 2007 MEETING OF NORTHERN STUDY AREA PLAN IMPLEMENTATION REVIEW COMMITTEE (NSAPIRC) BY GENE BELL, ORANGE COUNTY PLANNING 1. Adjustments to Agenda: Item IV.C) a PowerPoint presentation by James Camahan was added. II. Selection of Chair: Jay Bryan was selected as chair. III. Meeting Notes from March 15, 2007: On page 3, bottom paragraph of meeting notes I stated that it should read, `The BOCC has decided to accept public input at the April 26 Joint Planning Public Hearing.° IV. Update on Meeting Facilitation and Public Notice: A) Dispute Settlement Center: Robin Langdon and Will of the DSC were present. DSC will provide a general set of ground rules to guide discussion at community forums and will have evaluation period at end. They recommended discussion groups of 10-12 individuals and stated they could provide a volunteer facilitator for each breakout group. They recommended that an NSAPIRC member be assigned to each group as a resource person. The recommended approach for the first forum was for each group to address the following: ® Here are the goals from the Facilitated Small Area Plan These are goals that have been met ® These are goals that haven't been met ® What would you like to see (regarding achievement of unmet goals?) • At the end all groups would get together and each report on its recommendations. The NSAPIRC seemed agreeable to the recommended~approach. B) Advertising Options: At a minimum.should involve same level of effort employed in-the small area plan process 10 years ago. Ideas included press releases, listing on town and other applicable websites, signs or banners at major entrances to town, and mailings to property owners. Regarding mailings there was a question about whether to .mention only first forum or both. The first forum is intended to be informational and educational and the second, recommendations and decision-making. The expectation is that a. person has to attend the first fonim if they want to participate in the second. Due to the cost of mailings, consensus seemed to be to mention both forums, but emphasize the importance of attending the first one. C) James Carnahan: Mr. Camahan gave a brief PowerPoint presentation of "old/new urbanism" composed of slides of various European and American cities that juxtaposed views of streetscapes. His focus was human scale development especially as related to street width, building height, architectural styles, and green/open space. He thought visual presentations would be a valuable way for the group to communicate ideas, especially in terms of the types of future non-residential development desired in the NSA. 'V. Draft Agenda for Apri114 Community Forum: After some discussion it was the consensus of the group to move the forum to April 21 (assuming an appropriate meeting site could be found). General structure of the meeting would be as proposed by the DSC. VI. Development Activity in NSA Since 1999: Trish McGuire gave a short, but very effective PowerPoint presentation of activity in the NSA utilizing color overlays and 3-D images for some features. . VII. Important Dates: Upcoming NSAPIRC meetings and especially the half-day community forums scheduled for April 21 (tentatively) and June 16. VI11. Other Matters: None. Adjournment: 9:45 PM. Page 1 of 1 la ®onna Baker From: Dnw Cummings [DCummings@ci.carrboro.nc.us] Serrt: Thursday, March 01, 2007 5:07 PM To: Laura Blackmon; Gwen Harvey;' Donna Baker, David Hunt Cc: Steven Stewart; Patricia J. McGuire; Roy M. wltifvrd Subject: special request from the Carrboro Board of Aldermen Dear Laura, Gwen, Donna, and David, Forgive us for sending #his 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 unspecfied number (i.e. BOCC gets to choose) of ropresentatives 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 comm'~ttee next Tuesday evening. The attached letter went into the mail to you today, but we real'~ed thnt one oWmorebmembergs to this~committee pt tonight's) during which the BOCC would have an opportunity to appo' Rather than leave it at that, we decided to at least try this method of getting this n~quest in front of the commission at their worksession tonight. Svme related agenda materials that may help the commissioners are also attached. Many thanks, on behalf of our Board, far 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, et.seq., this electronic mail message and any attachments hereto, as well as any . electronic mail message(s) that may be sent in response to it *may* be considered public record. and as such are subject to requests far review. 3/2/2007 13 Roger Stanch, 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 Bill, NC 27599-9100 Dear Sirs and Madam: ~ March 1, 2007 On February 20'x, 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 Board also set a public hearing for March 27s' 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 or~JBoA/Agendas/2007/02 20 2007.htm. A map of tine Northern Study Area is included among these materials. The Board has directed staff to request that the Town of Chapel Bill and the University of North Carolina at Chapel IFill 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 Board of County Commissioners. The schedule for this process is fairly tight; the first meeting of the NSAPIRC is scheduled far Thursday, March 15'x, at 7:30 p.m. As the Board of Aldermen will be malting appointments to the committee on Tuesday, March 6'~, please provide contact information for your selected representative by noon that day. Please don't hesitate to contact Trish McGuire (918-7327; pmcauire(c_rltownofcarrboro.ora) for additional information or if you aze ready to inform us of your selected representative(s). Thank you for your attention to this matter.' Sincerely, Steve Stewart Town Manager q- 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 WI~REAS, the Carrboro Board of Aldermen seeks to consider folly policies, plans and regulations pertaining to development opportunities; and WI~REAS, 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. Boazd directs staff to request participation from advisory boards and community members, as follows: Group # Group # Planning Board 1 Economic Sustainability Commission , 1 __ _ Appearance Commission 1 Northern Transitton Area. Advisory Commission 1 _ Environmental Advis Board. 1 New Horizons Task Force 1 Transportation Advisory Board 1 Town of Chapel Bill 1 -- Recreation and Parks Commission 1 Orange ~~h' ~ Board of Aldermen 2 At Large Carrboro residents 3 ' - UNC 1 It is expected that meetings will be held on the 3~ Thursday of each month in lieu of otherwise regularly scheduled advisory boazd meetings starting in March. 2) Mazch 6 - Boazd creates NSA Plan. Implementation Review Committee (NSAPIRC) and chazges it with carrying out review process., 3) Mazch 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 aze discussed. 4) Staff proceeds with activities needed for Apri114 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 15 6) Apri112 - NSAPIRC meets to review agenda, materials, and notification strategies for Community Foram #l. 7) April l~ -Community forum #1 8) May 17 - NSAPIRC meets to review outcome of first forum and plan the second. - 9) June 16 -Community forum #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 Boazd of Aldermen action to set public hearing on August 28. 13) August 28 -Board sets public hearing on proposed ordinance changes and refers ordinance to advisory boazds. 14) September 6 to 20 -Planning Boazd and other advisory boards review proposed ordinance changes. a 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: foal Hall Broun, Mark Chilton, Dan. Coleman, Jacquelyn Gist, Randee Haven- O'Donnell, Alex Zaffron . Noes: None Absent or Excused: John Herrera i~ $oA~ of AL~ER~I~ AGErmA z~M ,~.ssTRACT MEETING DATE: February 20, 2006 ITEM No. D(41 TITLE: Discussion of a Pa~ocess 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: PLAI.VNING ~ PUBLIC HEARING: YE5 _ NO _x_ ATTACHMENTS: ~ FOR INFORMATION CONTACT: A. Resolution establishing implementation patricia McGuire - 91&7327 update process for NSA Plan ~ Michael Brough - 929-3905. B. Resolution setting a public hearing C. Ezcerpt 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 Planning A Bement PURPOSE. On February 6, the Boazd of Aldermen decided to proceed with establishing a process to review/update the implementation of the Facilitated Small Area Plan for Carrbaro'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 aze provided. INFO1tMATION Background information on this request may be found on the Town's website at httn://www.townofcarrboro.ora/BoA/Agendas/2007!02 06 2007 D2.ndf. On February 6, 2007 (Attachment G~, the Boazd of Aldermen decided upon a process to respond to the recommendation from several advisory boards regazding development in the Northern Study Area (NSA) since adoption of the small azea plan in 1998. The Board expressed its desire to proceed with two actions: 1) Initiation of a process to evaluate the' type of development occun-ing in the NSA to determine 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 o2-aaaoo7#ss ~~ 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 boazds 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 bythe 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 Boazd 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 27~' 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 Boazd of Aldermen has expressed an interest in enacting a moratorium to limit activity, allow staff and advisory boazd 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 Boazd has expressed an interest in completing the process within six months, an aggressive schedule. All steps shown in bold are expected to occur daring the 6-month moratorium 1) February 20 - Board~adopts process and sets public hearing on development moratorium for March 27th Board directs staffto request participation from advisory boazds and community members (no more than 50), with the expectation that meetings will be held on the 3~ Thursday of each month in lieu of otherwise regularly scheduled advisory boazd meetings starting in March (Planning, Appearance, Environmental, Transportation, Recreation and Pazks, Economic Sustainability) 2) March 6 -Board creates NSA Plan Implementation Review Committee (NSAPIltC) 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 aze 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 ~ 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 oz-2o-2oo7#s I~ 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; staffworks with committee to prepare ordinance text and map revisions. 11) August 1 to August 15 -Final drafts of ordinance amendments prepazed 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 -Board sets public hearing on proposed ordinance .changes and refers ordinance to advisory boards and Orange County. 14) September 6 to 20 -Planning Boazd and other advisory boazds review proposed ordinance changes. 15) September 8 -First public hearing notice published. 16) September 15 -Second public hearing notice published. 1'n September 25 - Boazd 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 aze 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 Plan Concept Plan Subject to Review Approval Moratorium Tallyho AIS Residential Underway No Yes r.GteAfield Ai5 Residential Yes Yes Yes Claremont II AIS Residential Yes Yes Yes Carolina Commons Residential Pre imin ary 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 affected y moratorium. FISCAL IlViPACT o2-2a2oo~#s i~ 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 NSAPIRC. 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 RECOMMENDATION 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 a six month moratorium on residential development far the Northern Study Area (Attachment A). 02-20-2oo~#s c`~ (~ ATTAC;HMRNT A A RESOLUTION ESTABLISHING A PROCESS TO REVIEW TIC IIvIPLEMEN'TATION OF THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA - Resolution No. 134J2006-07 . WHEREAS, the Carrboro Board of Aldermen seeks to consider fully policies, plans and regulations pertaining'to development opportunities; and WHE1tEAS, 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 Boazd of .Aldermen establishes the following process to review and update the NSA Plan: 1) February 20 -Boazd adopts process and sets public hearing on development moratorium for March 27th. Board directs staff to request participation from advisory boards and cammunity members (no more than SO), with the expectation that meetings will be held on the 3~ Thursday of each month in lieu of otherwise regularly scheduled advisory board meetings starting in March (Planning, Appeazance, Environmental, Transportation, Recreation and Parks, Economic Sustainability) 2) March 6 -Board creates NSA Plan Implementation Review Committee (NSAPIltC) and chazges it with carrying out review process 3) March 1 S -first meeting of NSAPIR. Staff presents overview of NSA Plan. and major development 'activity to date. Community fonuns, especially structure, agenda, notification, et cetera aze discussed 4) -Staff proceeds with activities needed for May S Community Forum. If needed, staff will request that funds be made, available by the Board of Aldermen to support the forums. S) March 27 -Public hearing on development moratorium ~ Apri119 - NSAPIlt meets to review agenda, materials, and notification strategies far Community Fonim #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 an staff analysis and community input; staffworks with committee to prepare ordinance text and map revisions. 11) August 1 to August 1S -Final drafts of ordinance amendments prepazed by staff. 12) August 2S -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 -.Board sets public heazing 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 1S -Second public hearing notice published. 17) September 2S - Board of Aldermen conducts public hearing and considers adoption of ordinances. 18) October 10 (or thereafter, depending on effective date} -moratorium expires a~ ATTAC.~r~r s A RESOLUTION CALLING A PUBLIC HEARING ON THE ESTAELISI~"NT OF A S1X- MONTH MORATORIUM ON REZONING REQUESTS AND. SPECIAL AND CONDITIONAL USE PERIVIlT APPLICATIONS FOR RESIDENTIAL DEVELOPMENT IN CARRBORO'S NORTHERN STUDY AREA Resolution No.133/2006-07 WHF~.LEAS, the Carrboro Boazd of Aldermen must receive public comment on the establishment of development moratoria; and VV:H[EREEAS, 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 aze achieving the community goals expressed in those documents, and to update them if needed. NOW, THEREFORE BE IT RESOLVED that the Board of Aldermen calls a public hearing on March, 27, 2007 to receive public comment on a draft ordinance that would establish asix-month develapment moratorium. on rezoning requests and special and conditional user permit applications for residential development in Carebaro's Northern Study Area and refers the draft ordinance to Orange County for review per the Joint Planning Agreement and to the Town of Canboro Planning Boazd for its recommendations. BE TT FURTHER. RESOLVED that the draft ordinance is also refereed. to the following advisory boards and commissions for consideration and. recommendation prior to the specified public hearing date: Appearance Commission Transportation Advisory Board. ~- ~J Environmental Advisory Board Recreation and Parks Conunissian Northern Transition Area Advisory ® Committee Economic Sustainability Commission ® ^ ~~ ATTACIP~JfENT C - On December 5th, the Board ofAldermen-received a presentation from Alderman Alex Zaffron and Planning Boazd chair James Carnahan to develop a process to re-examine the plan for Cazrboro's Northern Study Area. The staffrecommended that theBoazd 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 staffbring the process to update and implement the Northern Study Area Small Area Plan to the Boazd for adoption on February 20~'. The following resolution was introduced. by Alderman Alex Zafiron and duly seconded by Alderman Joal Hall Broun. A RESOLUTION SPECIFYIl~TG FOLLOW-UP TO PLANNIl~TG BOARD RECOMMENDATION FOR A DEVELOPMENT MORATORI(JM IN THE NORTHE.'[~I~T STUDY AREA Resolution No. 116/2006-07 WHEREAS, the Cazrboro Boazd 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 TT RESOLVET? that the Boazd 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, 2007: Aye's: Joal Hall Broun, Mark Chilton, Dan. Coleman, Randee Haven-O'Donnell, John Herrera, Alex Zaffiron Noes: None Absent or Excused: Jacquelyn Gist Carrbom Board of Aldermen Page 9 February 6, 2007 a3 ATTACHTIIENT D TOWN OF CARRBORO ..p•ti„ . '. 30119/est Main ,~trest, Carrboro, l4/otffi Caro/inn 275.10 CSI ~T ATI l~ . IVlay 4, 2006. Request from the Plal~ning Board that the Board of Aldermen Consider a Moratorium o><~. I)e~elopment 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 adesire to re-consider the current zoning in the NSA, Members of the Plasming Board share those concerns, and note that development is continuing at a rapid pace whereby future opportunities to achieve,impariant community goals for the NSA are dwir-dling. In light of the swift pace of development applications, the Planning Boazd strongly recommends that the - Aldermen enact a Moratorium on rezoning, major subdivisions, special and conditional use permit 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 concerns 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 appears tbat some principles expressed in the Small 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 residential and commercial opportunities, and is easily negoturted by pedestrians... Vllage-type development improves the Town's ability to provide services ~ciently... " (p31) "Carrboro needs neighborhoods with a mixture ~ of housing opportunities designed far 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} a4 ATTACHMENT E Proposed Process to Update & Implement Carrboro's Northern Stady Area Small Area Plan. Process Goals: • Ta engage broad public participation in a review of the Sma11 Area Plan for the NSA that will identify key goals of the Plan and decide whether & to what extent they aze being met; ® Within a nazrow 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; o 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 bufld-out of the NTA; ® Formulate proposals in respect of the immediate & proximate desires of residents of the NSA, and the long term interests of the lazger community & of future residents. A~lio would conduct the .Process? o Facilitator (?) o Representatives from the following Advisory Boazds: Planning Boazd NTA Advisory Board Transportation Advisory Boazd Environmental Advisory Board . New Horizons Task Force Parks 8c Recreation Commission Economic 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) o Community Workshop #1, consisting of review of current documents & maps prepared by Staff and solicitation of input via brainstorm and/or "breakout" sessions (Include for review.• GIS inventory showing important & sensitive environmental features, maps idenir; fying.which properties are already developed or in the appravals~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 1VTA, and projections of what .density will result at the current rate of development given current zoning.) o Committee reviews SmaA Area Plan plus input from Workshop #1 to determine key topic areas based on Process Goals; o Committee conducts individual meetings to flesh out proposals for each of the key topic azeas; o Community Workshop #2 -for each topic area . 1) present Committee finding 2) break iota small groups to discuss 3) hear reports from the small groups o Committee integrates results from Workshop #2 into final report; o Staffprepare analysis of final report; o Bof A work session & followup action Suggested Board ofAldermen Involvement (per D Coleman) • Appoint a fac~7itator (~ • o 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 (to ensure engagement of each member in some aspect of detail discussions) ~5 ATTACHMENT F 1 AN ORDINANCE ESTABLISHING A SIX MONTH MORATORIUM ON THE CONSIDERATION OF RF70NING PROPOSALS AND THE ACCEPTANCE OF NEW APPLICATIONS FOR SPECIAL OR CONDITIONAL USE PF~:MrT'S FOR RESIDENTIAL DEVELOPMENT WITHIN TIC NOR1~]EtN STUDY AREA THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO ORDAINS: Section 1. The Board finds'that: a. On May 26,1998, following years of study and community participation, the Boazd 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 azea 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 Boazd 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 far conditional and special use permits far residential developments is necessary in order to allow the planning staff to devote the time necessary to move the above descn"bed plamoing process forward. 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. O~ 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 tune 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 inparagraphs 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 pmp~erty 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 pmcess. Section 4. In accordance with Section 2.3C of the Joint 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. ~~ ATTAC:>r~IENT F-3 e. August 1 to August 15 -Final drafts of ordinance amendments . Prepared by staff. f. August 2$ -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 heazing notice published. i. September 15 -Second pubic hearing notice published. j. September 25 - Board of Aldermen conducts public hearing and • considers adoption of ordinances. k. ~ October 10 (or thereafter, depending fln effective date) -moratorium expires. • Section 5. This ordinance shall. become effective on the date it is approved by the Orange County Board of Commissioners, having first been adopted by the Carrboro Boazd of Aldermen. It shall remain in cffect 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 regarded 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 apglication. • 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-~{ ~~ -~ ~q ATTACHMENT G ORANGE COUNTY PLANNING & INSPECTIONS DEPAI2TIVlENT . Craig N. Benedict, AICP, Director 4~~w4 .r e,, Current Planning ~~` ,, ''. ~ 306E Revere Road (919) 245 2575 ~ , u Q ~ P O Box 8181 (919) 644-3002 (FA)c) A ~ Hillsborough, www.co.orange.nc.us '`••~o C•S~``4• 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: RL;VIEW of recent amendment to rJ'arth Carolina General Statutes concernng establishment of moratoriums by local governments. As requested, please accept the following memorandum as an analysis of recent amendments to North Cazolina General Statues concerning the imposition of development moratoriums fiy local governments. The regulations concerning the procedure for a County to initiate a moratorium are covered under NCGS 153A-340 (h) while a municipality is bound by the procedures outlined under NCGS 160A-381(e). The request for this analysis was made after staff was informed that the Town of Carrbaro was considering imposing a development moratorium within the Joint Planning Area (JPA) Transition Area of the County. As of this date, staffhas not received any information concerning the proposal. . BACKGROUND: A moratorium is loosely defined as a temporary cessation by a local government in granting pernnits allowing for the development of property while efforts aze undertaken to review, analyze, or address concerns aver conditions associated with a specific classification of development (i.e. residential, commercial, industrial, etc.) or over concerns ari.s~ing out of allowing any and all development to occur within a specific area. Originally, the power of local ATTAC:~NT G-2 governments to initiate moratorium was viewed as an implied. power but was never explicitly recognized within North Cazolina General Statutes. The explicit establishment of the authority for local governments to establish moratoriums was part of Senate Bill 814, An Act to Modenaize 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 aze now referenced. as Session Law 2pOS-426 (attached for reference). The new regulation not only seeks to formalize the process but to also codifies the constitutional limitations on the use of moratoria by local governments. The new regulations governing the implementation of moratoriums are stmmari~ed 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 cleaz 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 or conditions leading to imposition of the moratorium. 2. With ~ respect to adoption local governments seeking to adopt moratoria, the following advertising standazds 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 governmeint 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 ._ _ 31 ~s .ATTAt:H1dIk:NT G 3 preliminary ar final plats or to special and. conditional use permit applications that have been accepted for review prior to the call for a hearing on themoratorium, 5. Provision is also made within 153A-340(h) for expedited judicial review and the government has the burden of showing compliance with the procedural requirements of the statute in such challenges. 3a ATTACHMENT H B. Whenever Chapel Hilt or Carrboro receives an application for a development permit as def:ned 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 shall establish timetables to insure that Orange County has ari opportunity to make recommendations regarding such applications within-the framework of the County's regularly scheduled meeting dates. To the extent possible, 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 ~eived the recommendations of Orange County or until the expiration of forty-6ve (45) ~t n~.~~'jK ~• ~u ~ days after orange County has received the application, whichever comes fast. p n'~w T'~ C. fro ~ time to time a development moratorium is appropriate in order to address exigent .~ '~ circumstances or the results of a study of density designations, plan classifications ar other W' ~ ~`~' matters prescribed by the adapted Joint Planning Area Land Use Plan, the Joint Planning -~~s,~~~ ° Area Land Use lviap or any of the land use ordinances of the Town of Chapel Bill or the Town of Carrboro. To preserve the status quo pending the consideration of a land use ocdinance amendment designed to address exigent circumstances or the results of a study, the Town of Can:boro or the Town of Chapel Hill maypropose 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 Caaboro. 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 shall initially be no more than six months induration and may be extended one time for no more than six months for the reasons and following the procedures prescn'bed here. Section 2.4 Permtt Administration in the Rural Baffer