AGENDA #5a

MEMORANDUM

 

TO:                  Roger L. Stancil, Town Manager

 

FROM:            J.B. Culpepper, Planning Director

                        Gene Poveromo, Development Manager

 

SUBJECT:       Response to Council Petition Regarding Concept Plan Review Process

 

DATE:             June 25, 2008

 

PURPOSE

 

The purpose of this memorandum is to respond to a petition from Council members regarding ways to improve the Concept Plan Review process.

 

BACKGROUND

 

In 1997, the Town Council amended the Development Ordinance (now the Land Use Management Ordinance) to include the review of a Concept Plan of a given development by the Appearance Commission (whose functions are now carried out by the Community Design Commission) and the Town Council, prior to formal submittal of an application for major subdivision, Master Land Use Plan, and Special Use Permit requiring Town Council review.  The purpose of Concept Plan Review was:

 

“to provide an opportunity for the Town Council, Town Manager, and the Community Design Commission and citizens to review and evaluate the impact of a major development proposal on the character of the area in which it is proposed to be located.  This process is intended to take into consideration the general form of the land before and after development as well as the spatial relationships of the proposed structures, open spaces, landscaped areas, and general access and circulation patterns as they relate to the proposed development and the surrounding area.”   [ss 4.3 of the Land Use Management Ordinance]

 

On February 25, 2008, the Council received a petition from Council Members Easthom and Strom requesting consideration of ways to improve the Concept Plan Review process.  Specific concerns included:

During the February 25, 2008 discussion, the Council stated a desire to learn what would be most helpful to area developers.  The Council directed the staff to solicit input from the development community as to what has worked well and what needs improvement in the Concept Plan Review process. In addition, a Council member suggested receiving input from all Council members on this aspect of the review process.

 

CURRENT REGULATIONS

 

The Land Use Management Ordinance requires the submittal of Concept Plans to the Community Design Commission for receipt of the Commission’s comments, prior to submittal of Concept Plans to the Town Council for additional feedback in the form of a resolution.  Both bodies are directed to consider various aspects of design, with special emphasis on whether the proposed development is consistent with the Town’s design guidelines and the goals and objectives of the Town’s comprehensive plan.  

 

We note that when the subject property of an application is in a local Historic District, the Historic District Commission acts in the stead of the Community Design Commission.

 

The review comments are later considered at the respective boards’ meetings during the review of the formal, more detailed application.

 

Below is an excerpt from the Land Use Management Ordinance, describing the criteria for Concept Plans:

 

“The concept plan is a preliminary step toward the preparation of a formal development plan.  All concept plans should demonstrate a high quality of overall site design.  The design and construction of site elements should include appropriate descriptions and explanations of the relationship and balance among site elements, the relationship of the development to natural features, neighboring developments and undeveloped land, access and circulation systems, retention of natural vegetation, minimal alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding, arrangement and orientation of buildings and amenities in relation to each other and to neighboring developments and streets, landscaping, preservation or enhancement of vistas, and mitigation of traffic impacts.” [ss 4.3.3].

 

DISCUSSION

 

Regarding clarification to developers about the Council’s expectations about the detail level, time, and expense of presentations, and regarding the non-binding nature of  the Council’s comments, we have made the following changes in the process thus far:

 

In response to Council direction to solicit developer feedback, on May 23, 2008 we sent a cover letter and questionnaire to the development community (approximately 80 names), asking for feedback by June 4th on the current Concept Plan Review process.  As of this time we have received only two responses.

 

In addition, the Council petition was forwarded to the Community Design Commission, which generated many ideas for improving the process.

 

NEXT STEPS

 

We have received very little questionnaire feedback from developers thus far.  We believe it would be premature to attempt an analysis of community reaction.

 

The Community Design Commission’s feedback is provided as Attachment 4.

 

The Town Manager, assisted by a consultant, is currently studying the Town’s development review process with a view to making internal improvements that could be implemented relatively quickly.  On June 5, 2008, the Manager and the consultant met with developers to solicit feedback on improvements staff could make to our internal development review process.  At that session, those attending also made suggestions about the Concept Plan Review Process.  Those suggestions were noted and they can be summarized to complement the survey results.

 

We believe the next logical step in studying the Town’s development review process would be to re-examine the Land Use Management Ordinance and the role of the advisory boards.  If the Town Council decides to take this next step, the review of the Concept Plan review process would be one component of such a study.  Information about improvements to the internal staff review process will be presented to the Council in September. The Council could consider whether and how to re-examine the Land Use Management Ordinance and the role of advisory boards at that time.

 

RECOMMENDATION

 

We recommend that Council schedule some time at an upcoming meeting to further discuss Council reactions to recent internal improvements and to the current Concept Plan Review Process.

 

ATTACHMENTS

  1. Petition from Council Members Easthom and Strom (p. 4).
  2. Questionnaire sent to Development Community (p. 5).
  3. Questionnaire results to date (p. 6).
  4. Summary of comments from the Community Design Commission (p. 8).
  5. Excerpt from Chapel Hill Land Use Management Ordinance (p. 9).