HomeMy WebLinkAboutAgenda - 04-26-2007-d1ORANGE COUNTY BOARD OF COMMISSIONERS
JOINT PLANNING AREA PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: April 26, 2007
Action Agenda
Item No. D.1
SUBJECT: Six-Month Development Moratorium in the Carrboro Northern Study Area
DEPARTMENT: Planning PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Resolution of Adoption Craig Benedict, Planning Director, 245-2592
PURPOSE: To receive public comment on a proposed six-month moratorium on residential
development in the Joint Planning Transition Area portion of the Carrboro Northern Study Area.
BACKGROUND:. On February 6, 2007, the Carrboro 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. Asix-month moratorium on residential development
was identified as a desired component of the review process.
The Northern Study Area, or NSA, contains approximately 3,800 acres and encompasses areas
of existing town limits, ETJ, and Joint Planning Transition Areas 1 and 2. The Carrboro Board
of Aldermen conducted a public hearing on March 27, 2007 concerning the proposed
moratorium. Comments were received from five individuals -two in favor of and three
opposed. Following discussion, the Board of Aldermen voted 5-2 to adopt the six-month
moratorium. Their action was effective only in the town limits and ETJ portions of the NSA.
A moratorium in the Joint Planning Transition portion of the NSA. requires approval by Orange
County. Development moratoria in the Carrboro and Chapel Hill Transition Areas are
addressed in Section 2.3.C of the Joint Planning Agreement. An excerpt from that section of
the agreement follows:
To preserve the status quo pending the consideration of a land use ordinance
amendment designed to address exigent circumstances or the results 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 Carrboro and approved by Orange County following a public hearing
conducted by the Town of Carrboro.
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A public hearing by Orange County is not required priar to a BOCC decision on the
moratorium. However, the Commissioners desire to hear the views of residents who might be
affected by the moratorium and a regularly scheduled BOCC meeting on March 27 precluded
their attendance at the Carrboro public hearing. Thus, time has been set-aside at the
conclusion of the JPA public hearing for fhe BOCC to receive public comment prior to
considering action on the moratorium request.
If approved by the BOCC, the moratorium will be effective for a period of six-months from the
date of approval and will apply to rezoning. proposals and the acceptance of new applications
for conditional and special use permits for residential developments. Activities exempt from the
moratorium include commercial development and minor subdivisions {four or fewer lots).
During the moratorium (if approved), a Northern Study Area Plan Implementation Review
Committee (NSAPIRC) will consider Land Use Ordinance map and text changes that would
better achieve the goals and objectives of the Northern Study Area Plan.
FINANCIAL IMPACT: There is no cost to Orange County associated with this item.
RECOMMENDATION(S): AS THE BOARD DECIDES. A decision may be rendered at the
conclusion of public comment or the Board may wish to consider the matter at their meeting on
May 3, 2007.
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A RESOLUTION ESTABLISHING ASIX-MONTH MORATORIUM ON THE
CONSIDERATION OF REZONING PROPOSALS AND THE ACCEPTANCE OF
NEW APPLICATIONS FOR CONDITIONAL AND SPECIAL USE PERMITS FOR
RESIDENTIAL DEVELOPMENT BY THE TOWN OF CARRBORO IN THE
CARRBORO JOINT PLANNING TRANSITION AREAS
WHEREAS, Orange County and the Towns of Carrboro and Chapel Hill entered into
a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990,
September 30, 1998, February 2, 1999, and August 20, 2002; and'
WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land
Use Plan and Map. were adopted by all parties to the Joint Planning Agreement, and
have since been amended on several occasions; and
WHEREAS, Joint Planning Transition Areas were identified wherein the Towns
administer their Land Use Ordinances as if the land were located within the planning,
jurisdiction of the Towns; and
WHEREAS, a "Northern Study Area Plan" which encompassed the Carrboro Joint
Planning Transition Areas was prepared and adopted as an amendment to the Joint
Planning Area Land Use Plan by Orange County on February 2, 1999; and
WHEREAS, advisory boards for the Town of Carrboro have expressed doubts that
goals and objectives of the Northern Study Area Plan are being achieved: and
WHEREAS, asix-month moratorium on the consideration of rezoning proposals and
the acceptance of new applications for conditional and. special use permits for
residential development is recommended while an examination of the Land .Use
Ordinance and zoning map is conducted to determine if changes are warranted to
better implement the goals and objectives of the Northern Study Area Plan; and
WHEREAS, the Carrboro Board of Aldermen held a public hearing on March 27,
2007 and adopted asix-month moratorium for portions of the Northern Study Area
lying in the municipal limits and extraterritorial planning jurisdiction and requested
that the County Commissioners approve a moratorium for the Transition Areas; and
WHEREAS, Section 2.3.C of the Joint Planning Agreement defines the procedures
whereby a moratorium may be established in the Joint Planning Transition Areas;
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners approves asix-month moratorium on the consideration of rezoning
proposals and the acceptance of new applications for conditional and special use
permits for residential development by the Town of Carrboro in the Joint Planning
Transition Areas of the Northern Study Area consistent with the attached ordinance
adopted by the Carrboro of Aldermen on March 27, 2007. The moratorium shall
become effective upon adoption of this resolution.
Upon motion of Commissioner ,seconded by Commissioner ,
the foregoing resolution was adopted this the day of , 2007.
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I, Donna S. Baker, Clerk to the Board of Commissioners for the .County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is.a true copy of
so much of the proceedings of said Board at a meeting held on ,
2007 as relates in any way to the adoption of the foregoing and that said
proceedings are recorded in Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of
2007.
Clerk to the Board of Commissioners
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Revised: 3/27/07
ATTACHIVVIENT C-1
AN ORDINANCE ESTABLISHING A SIX MONTH MORATORIUM ON THE
CONSIDERATION OF REZONING PROPOSALS AND THE 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 years 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 Board 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.
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. are
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 forward.
h. A moratorium on the consideration of rezoning proposals and the acceptance
of new special and conditional use permit applications for residential
developments is also necessary to prevent decisions that could be inconsistent
with the results of the planning process outlined above.
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Revised: 3/27/07
ATTACHMENT C-2
i. A moratorium on the acceptance of special and .conditional use permits for
residential developments 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
in 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 residential. developments .within the Northern
Study Area as shown on Attachment A. This moratorium is designed to provide time to
allow for consideration of Land Use Ordinance map and text chariges 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 23C 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. may be forthcoming on
April 26, 2007 or soon thereafter, 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. NSA Plan Implementation Committee .established by Board of
Aldermen meets periodically during moratorium to review plan and
organize community forums.
b. April 14 - Community forum #1
c. June 16 -Community forum #2
d. June 17 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.
Revised: 3/27/07
ATTACHMCNT C-3
e. August 1 to August 15 -Final drafts of ordinance amendments
prepared by staff.
f. August 24 -Draft ordinance submitted to Orange County
g. August 28 -Board sets. public hearing on proposed ordinance changes.
and refers ordinance to advisory boards.
h. September 6 to 20 -Planning Board and other advisory boards review
proposed ordinance changes:
i. September 7 -First public hearing notice published.
j. September 14 -Second pubic hearing notice published.
k. September 25 -Board of Aldermen conducts public hearing and
considers adoption of ordinances.
1. October 26 (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 Board 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 regarded as accepted when it has been submitted
for review in a mannex 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 already been
made in good faith reliance on a prior valid administrative or quasi-
judicial permit or approval.
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