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1 areas shall be designated as open space. <br />2 <br />3 (d) Subsection 15- 198(8) is amended to read as follows: <br />4 <br />5 (g) A developer shall not be required to set aside as open space under the <br />6 provisions of subsections (d) and (e) more than the minimum required <br />7 percentage of open space set forth in subsection (c). If the sum total of open <br />8 space otherwise required under the provisions of subsections (d) and (e) <br />9 exceeds forty percent of the development tract (twenty percent in the R-2 <br />10 distri ct), then the permit issuing authority shall allow the developer to set <br />11 aside a smaller area of open space under subsections (d). and (e), individually <br />12 or collectively, so that the developer is not required to preserve as open space <br />13 more than forty percent of the development tract (twenty percent in the R -2 <br />14 district). However, if areas that constitute primary conservation areas have <br />15 not been set aside as open space, then the development plans shall otherwise <br />16 provide for the preservation of such areas even though they may be located <br />17 within privately owned lots (e.g. by ' specifying buildable areas within <br />18 individual lots). Notwithstanding the foregoing, hardwood areas identified on <br />19 the Carrboro Natural Constraints Map that are not set aside as common open <br />20 space shall be preserved except to the extent that removal of such hardwood <br />21 trees is necessary to accommodate the permitted uses created out of land not <br />22 set aside as common open space. <br />23 <br />24 (e) Subsection 15- 198(h) is amended to read: <br />25 <br />26 (h) If the area of open space required to be preserved under subsections -(d) and <br />27 (e) does not exceed forty percent (40 %) of the area of the development tract (20% in the R-2 <br />28 district), then the permit issuing authority may require that the developer set aside from <br />29 among the areas that constitute secondary conservation areas as defined above an amount of <br />30 open space equal to the difference between the amount of open space preserved under <br />31 subsections (d) and (e) and forty percent (40 %) of the development tract (20% in the R-2 <br />32 district). <br />33 <br />34 (fl Subsection 15- 198(b)(3) is amended by adding a new subsection "c" to read as follows: <br />35 <br />36 (c) Areas used for the growing of crops, such as hay, corn, or vegetables, if and to <br />37 the extent that such uses occur within an area that is subject to the control of a homeowners <br />38 association and such uses are approved by the homeowners association. <br />39 <br />40 SECTION 4. Article 1X, Part I, is amended by adding a new Section 15 -141.2 to read as follows: <br />41 <br />42 Section 15 -141.2 Village Mixed Use District Established <br />43 <br />44 (a) There is hereby established a Village Mixed Use (VMU) 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 described in its Year 2000 Task Force Report and to promote a traditional concept of villages. <br />.»..»». »... ». »...».. ».». »»»»». »......» »»»......»»......... gage 5 of 35 <br />