File #: 24-076    Name:
Type: Agendas Status: Agenda Ready
File created: 4/4/2024 In control: Town Council
On agenda: 4/23/2024 Final action:
Title: Request to Set a Legislative Public Hearing PURPOSE: To request the Town Council consider setting a public hearing on text amendments to the Land Use Ordinance relating to water quality buffers, road buffers, fences, and setback variances. A resolution setting a public hearing for June 4, 2024, is provided.
Attachments: 1. A - Resolution, 2. B - Draft Ordinance - Buffers, Variances, Setbacks 4-15-24, 3. C - Excerpt Existing LUO Provisions, 4. D - Pocket Questions

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Request to Set a Legislative Public Hearing

 

PURPOSE: To request the Town Council consider setting a public hearing on text amendments to the Land Use Ordinance relating to water quality buffers, road buffers, fences, and setback variances.  A resolution setting a public hearing for June 4, 2024, is provided.  

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Department

DEPARTMENT: Planning

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Contact

CONTACT INFORMATION: Christina Moon, Planning & Transportation Administrator, 919-918-7325, cmoon@carrboronc.gov; Patricia McGuire, Planning Director, 919-918-7327,  <mailto:>pmcguire@carrboronc.gov ; Duncan Dodson, Planner, 919-918-7340, ddodson@carrboronc.gov

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Council Direction

COUNCIL DIRECTION:

___ Race/Equity   ____ Climate   ____ Comprehensive Plan __X__Other

Council Direction Statement

Setting a public hearing for a text amendment to the Land Use Ordinance is a required step in accordance with North Carolina state statutes and Town regulations.  Responses to the racial equity pocket questions related to the legislative public hearing process necessary for the consideration of the text amendment have been prepared and are attached. 

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Information

INFORMATION: Town staff have identified several text amendments that are needed to clarify and update Land Use Ordinance provisions, as described below:

1.   Water Quality buffer provisions - include standards for review of minor and major variances, reorganizes and updates table of allowable uses to match Jordan Rules (15NCAC 02B .0267).

2.    Road buffer provisions - amend open space standards to specify sidewalks/sidepaths as permissible within road buffers.

3.    Fences - include definition of “substantially opaque;” adds a zoning permit requirement for fences

4.    Special Exceptions - rename ‘setback variance.’

Staff has identified these changes as needed to revise provisions, so they are clearer to all users, provide definitions and better match provisions in the North Carolina Administrative Code.

 

A draft ordinance (Attachment B) has been prepared.  Existing LUO provisions are included as Attachment C.  If adopted the Land Use Ordinance would be amended to include these new and modified provisions.

The Town Council must receive public comment before taking action on the draft ordinance.  Orange County and Planning Board review is also needed, and the Town Council may wish to refer the item to advisory boards based on their expertise; staff has identified the Appearance Commission, Transportation Advisory Board, Environmental Advisory Board, Economic Sustainability Commission and Affordable Housing Advisory Commission.

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Fiscal and Staff Impact

FISCAL IMPACT: There is no fiscal impact relating to setting a public hearing.  Costs and staff time are associated with public hearing and advisory board review.

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Recommendation

RECOMMENDATION: Staff recommends that the Town Council consider the resolution (Attachment A) setting a public hearing for June 4, 2024, and referring the item to Orange County, the Planning Board, and other advisory boards based on their area of expertise. 

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