Agenda - 01-19-1999 - Attachment 3

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ai i /1�9 /98DRAFT CQPIfOF PROPOSEDNSAORDIANCEz ......... ............. .. ... ......... ......... ... �..�..... 1 areas shall be designated as open space. 2 3 (d) Subsection 15- 198(g) is amended to read as follows: 4 5 (g) A developer shall not be required to set aside as open space under the 6 provisions of subsections (d) and (e) more than the minimum required percentage of open 7 space set forth in subsection (c). If the sum total of open space otherwise required under the 8 provisions of subsections (d) and (e) exceeds forty percent of the development tract (twenty 9 percent in the R -2 district), then the permit issuing authority shall allow the developer to set 10 aside a smaller area of open space under subsections (d) and (e), individually or collectively, 11 so that the developer is not required to preserve as open space more than forty percent of the 12 development tract (twenty percent in the R -2 district). However, if areas that constitute 13 primary conservation areas have not been set aside as open space, then the development plans 14 shall otherwise provide for the preservation of such areas even though they may be located 15 within privately owned lots (e.g. by specifying buildable areas within individual lots). 16 17 (e) Subsection 15- 198(h) is amended to read: 18 19 (h) If the area of open space required to be preserved under subsections (d) and 20 (e) does not exceed forty percent (40 %) of the area of the development tract (201/o in the R -2 21 district), then the permit issuing authority may require that the developer set aside from "'22 among the areas that constitute secondary conservation areas as defined above an amount of 23 open space equal to the difference between the amount of open space preserved under 24 subsections (d) and (e) and forty percent (40 %) of the development tract (20% in the R -2 25 district). 26 27 (f) Subsection 15- 198(b)(3) is amended by adding a new subsection "c" to read as follows: 28 29 (c) Areas used for the growing of crops, such as hay, corn, or vegetables, if and to .30 the extent that such uses occur within an area that is subject to the control of a homeowners 31 association and such uses are approved by the homeowners association. 32 33 SECTION 4. Article IX, Part I, is amended by adding a new Section 15 -141.2 to read as follows: 34 35 Section 15 -141.2 Villasze Mixed Use District Established 36 37 (a) There is hereby established a Village Mixed Use (VMU) district. This district is established. 38 to provide for the development of rural new villages at a scale intended to continue Carrboro's small town 39 character as described in its Year 2000 Task Force Report.and to promote a traditional concept of villages. 40 The applicant for rezoning to this district must demonstrate that its planning, design and development will 41 achieve, but not necessarily be limited to, all of the following specific objectives: 42 43 1. The preservation of open space, scenic vistas, agricultural lands and natural resources 44 within the Town of Carrboro and its planning jurisdiction and to minimize the 45 potential for conflict between such areas and other land uses; 46 Page 5of33