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<br />EXCERPTS OF MAJOR ISSUES 12 <br />areas shall be designated as open space. <br />(~ Subsection 15-198(8) is amended to read as follows: <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />3S <br />36 <br />37 <br />38 <br />39 <br />(g) A developer shall not be regired to set aside as open space under the <br />provisions of subsections (d) and (e} more than the minimum required <br />percentage of open space set forth in subsection (c). If the sum total of open <br />space otherwise required under the provisions of subsections (d) and (e) <br />exceeds forty percent of the development tract (twenty percent in the R 2 <br />district), then the permit issuing authority shall allow the developer m set <br />aside a smaller area of open space under subsections (d) and (e), individually <br />or collectively, so that. the developer is not required to preserve as open space <br />more than forty percent of the development tract (twenty percent in the R 2 <br />district). However, if areas that constitute prnnary conservation areas Dave <br />not been set aside as open space, then the development plans shall otherwise <br />.provide for the preservation of such areas even though they may be located. <br />within, privately owned lots (e.g. by specifying buildable areas within <br />individual lots). Notwithstanding the foregoing, hardwood areas identified on <br />the t ;arrboro Natural Constraints Map that are not set aside as common open <br />space shall be preserved except to the extent that removal of such hardwood <br />trees is necessary to accommodate the permitted uses created out of land not <br />set aside as common open space. <br />(e) Subsection 15-198(h) is amended to read: <br />(h) If the area of open space required to be preserved under subsections (d) and <br />(e) does not exceed forty percent (40%) of the area of the development tract (20% in the R 2 <br />district), then the permit issuing authority may require that the developer set aside from <br />among the areas that constitute secondary conservation areas as defined above an amount of <br />open space equal to the difference between the amount of open space preserved under <br />subsections (d) and (e) and forty percent (40%) of the development tract (20% in the R 2 <br />district). <br />(fl Subsection 15-198(bx3) is amended by adding a new subsection "c" to read as follows: <br />(c) Areas used for the growing of amps, such as hay, com, or vegetables, if and to <br />the extent that such uses occur within as area that is subject to the control of a homeowners <br />association and such uses are approved by the homeowners association. <br />,., . <br />40 SEC710N 4. `~iticle IX, Part I, is amended by adding a new Section 15-141.2 to read as follows: <br />41 ~ -.. <br />Section 15-141.2 Vrl].aEe Nfxed Use District Established ' <br />43 . <br />44 (a) Tb,ere is hereby established a Village Mixed Use (~TMLn district. This district is established <br />45 to provide for the development of rural new villages at a scale intended to continue Carrboro's small town <br />46 character as desanbed in its Year 2000 Task Force Report and to promote a traditional concept of villages. . <br />d~e~ S mF ~ c <br />