AGENDA #12
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Land Use Management Ordinance Text Amendment Regarding Certificates of Appropriateness in the Public Right-of-Way
DATE: January 9, 2006
PURPOSE
The enactment of the attached Ordinance A would amend the Land Use Management Ordinance regarding Certificates of Appropriateness granted by the Historic District Commission. The proposed amendment would allow the Council to permit the installation of regulatory signs and other traffic control measures and devices, and utility distribution systems in public right-of-way located in the Town’s Historic Districts.
BACKGROUND
On November 8, 2004, the Council approved changes to traffic control on Cameron Avenue between Merritt Mill Road and Pittsboro Street. One of the changes authorized the installation of parking meters on the north side of Cameron Avenue. Because some of the proposed parking meters would be installed in the Cameron-McCauley Historic District, the Town’s Public Works Department submitted an application to the Historic District Commission requesting a Certificate of Appropriateness for the installation of the meters. On May 12, 2005, the Historic District Commission denied the Town’s request for parking meters on Cameron Avenue in the Cameron-McCauley Historic District.
On September 26, 2005, the Council called a Public Hearing for November 14, 2005, to consider this proposed change to the regulations.
On November 14, 2005, the Council held a Public Hearing to receive comments on the proposed amendment to the Land Use Management Ordinance. A copy of the November 14 memorandum is attached.
DISCUSSION
The existing Land Use Management Ordinance regulations require application for a Certificate of Appropriateness from the Historic District Commission for regulatory signs and other traffic control measures and devices, and utility distribution systems located in the local Historic Districts (Cameron-McCauley, Franklin-Rosemary, and Gimghoul). The regulations include an appeal process. Decisions of the Historic District Commission may be appealed to the Board of Adjustment. The application for appeal must be filed within 30 days of the filing of the decision being appealed. The appeal involves a review of the record that was made before the Historic District Commission. Subsequent appeals would proceed to Superior Court.
We believe that regulatory signs, traffic control measures and devices, and utility distribution systems are necessary features for safe and efficient operations in the Town and that the installation of such devices should be subject to the direction of the Council.
We recommend revision to the language in the applicable section of the Land Use Management Ordinance regarding Certificate of Appropriateness requirements in the public right-of-way for traffic control measures and devices, and utility distribution systems in the local Historic Districts.
ISSUE RAISED
One citizen spoke at the November 14 Public Hearing regarding the proposed Land Use Management Text Amendment expressing concern about parking meters proposed on Cameron Avenue.
A Council member asked if the text amendment was enacted, if there could be a process for the Historic District Commission to provide advice to the Council.
Comment: If the text amendment becomes effective, it will allow the installation of the parking meters proposed on Cameron Avenue.
The Council could continue to request feedback from the Historic District Commission if the new Ordinance language becomes effective.
RECOMMENDATIONS
Planning Board Recommendation: The Planning Board considered the text amendment proposal on November 1, 2005. The Board voted 9-0 to not recommend approval of the text amendment proposal. Please refer to the attached Summary of Planning Board Action provided as part of the November 14 Memorandum.
Historic District Commission Recommendation: The Historic District Commission considered this item on November 10, 2005. The Commission voted 8-0 to not amend the Land Use Management Ordinance for Certificates of Appropriateness in the public right-of-way. The Commission recommended that a list be prepared by the Town with locations of future traffic control measures and devices and utility distribution systems in order for Town staff to receive a one time Certificate of Appropriateness in accordance with amended Historic District Commission Rules of Procedure. Please refer to the attached Summary of Historic District Commission Action.
Manager’s Recommendation: We recommend that the Council enact the attached Ordinance to amend the Land Use Management Ordinance regarding installation of regulatory signs, other traffic control measures and devices, and utility distribution systems in public right-of-way in the Historic Districts. We believe that regulatory signs, traffic control measures and devices, and utility distribution systems are necessary features for safe and efficient operations in the Town and that the installation of such devices should be subject to the direction of the Council.
ATTACHMENTS