State Legislature Limits Carrboro’s Authority Over Development

GOVERNMENT

By Fraser Sherman
Correspondent

Despite all the work Carrboro has put into drafting a new development ordinance, the state legislature can erase it in an instant, a town contractor said in June.

Chad Meadows of Codewright Planning told the council that the North Carolina Legislature is increasingly willing to override local development rules it dislikes. The town of Mills River, for instance, was able to pass a unified development ordinance (UDO) under an exemption from state rules. Earlier this year, the state voided that exemption, erasing Mills River’s UDO.

Downzoning and development

The town gave the go-ahead to drafting the UDO back in 2017. It has several objectives:

• Make the approval process more predictable, so developers and landowners know what’s acceptable before they submit.
• Allow for higher development densities in parts of Carrboro, and offer incentives to developers to build affordable housing.
• Improving climate resiliency. This includes subgoals such as better stormwater management and preserving tree cover.
• Keep the public engaged in the process.

In January 2024, the council predicted they’d have the new UDO ready to go by the year’s end. The work is ongoing, and the North Carolina legislature has begun adding limits on what a new UDO can accomplish while still being legal.

In 2024, for instance, the legislature restricted local governments’ downzoning. Downzoning refers to changes that, for example, lower the density allowed on a property or narrow the range of permitted uses. The new law also bans changes that would make an existing non-residential use nonconforming. The only exception would be if every affected landowner gives their blessing to the change. Mills River passed its UDO under an exemption from the downzoning rule, then the state yanked permission back.

The Carolina Law Journal says the downzoning block limits local government’s ability to manage new possible uses. When Carrboro’s current zoning was drawn up, nobody worried about developers building data centers or solar arrays within town limits. Changing the rules to ban them might be seen as downzoning, therefore illegal. Meadows said setting stricter standards for stormwater runoff likewise wouldn’t be acceptable if whatever was on the property now didn’t meet them.

That’s a challenge for Carrboro, Meadows said, because the town has so little vacant land: most future development will be redevelopment. The UDO can’t set tougher redevelopment standards that render current development nonconforming. “There are so many open questions from communities across the state about how you do this.”

More trouble ahead?

The legislature may not be done restricting local governments, Meadows said. A bill that didn’t pass last year would have pre-empted local parking requirements in favor of a statewide standard. Another bill would set tighter deadlines for approving developments, with automatic approval if the town misses the deadline.

Another proposed change would base development density on total parcel size, even if most of the land is unusable. “You could see a 100-acre parcel that has 99 acres of wetlands,” Meadows said, and the allowable density would still be based on 100 acres.

Managing stormwater — a priority in a flood-prone community such as Carrboro— is more challenging than ever under the new state rules, Meadows said. Much of Carrboro’s property was developed when the town had no stormwater rules. Under North Carolina’s new rules, Carrboro setting stormwater standards now would constitute downzoning and therefore be illegal. “This is an area in which we need to lean into incentives” rather than requirements, Meadows said.

Incentives will become very important going forward in other aspects of redevelopment, Meadows said. Figuring out what given incentives are worth will be part of the process: “How much floor-area incentive is worth the cost of stormwater improvements?”

Meadows’ presentation points out that many of Carrboro’s priorities for the UDO will have to be balanced against each other. Streamlining the approval process against public participation; increased density against environmental protection; mandates for development against incentives

Upgrading infrastructure

In addition to drafting the UDO for future development, Carrboro is working on its own infrastructure. The fiscal year 2027 budget includes 43 capital improvement projects. The document anticipates work on the projects through 2031, at a total cost of $71.6 million. $5.6 million of that will be spent in the current fiscal year.

Working from a five-year plan provides a strategic framework for budgeting improvements, the full budget document says. Roughly 40 percent of the FY 2027 funding comes from the federal government, 31 percent from Carrboro’s general fund, and 27 percent from installment financing. The infrastructure work scheduled for FY 2027 includes a new Public Works building to replace the one destroyed by Tropical Storm Chantal; design work on the Bolin Creek greenway; renovations at Century Center and Carrboro police station; new bike lanes and a sidewalk on Old NC86; a sidewalk on Jones Ferry Road; and a multi-use path on Seawell School Road.

The Bolin Creek Greenway, which will eventually run alongside three miles of the creek, is a particularly controversial project. Although the council adopted a master plan for the greenway in 2009, public opposition left the project dormant until 2023. Supporters of the paved greenway say it will make it easier for pedestrians and cyclists to cross town without getting in their cars. Opponents say it will exacerbate flooding during storms and that the town has more urgent priorities for how to spend tax revenue.

Another project the council has been considering for a while is closing East Weaver Street to traffic to create a pedestrian- and bicycle-friendly downtown area. Residents and business owners have worried that it would disrupt downtown traffic and business deliveries. In January, the council voted to test the feasibility by closing the road to traffic on weekends.

The test closing was set for April. In February, however, the council postponed any such action until February 2027 at the earliest. The council motion included a closer look at traffic issues, more engagement with business owners and patrons, and an examination of the possibility of closing other locations. The motion passed 7-0

Fraser Sherman has worked for newspapers, including the Destin Log, the Pensacola News-Journal and the Raleigh Public Record. Born in England, he’d still live in Florida if he hadn’t met the perfect woman and moved to Durham to marry her. He’s the author of several film reference books and has published one novel and several short story collections. This reporter can be reached at: Information@TheLocalReporter.press