MEMORANDUM

to:                  Mayor and Town Council

from:            Roger L. Stancil, Town Manager

subject:     Continuation of Public Hearing: Land Use Management Ordinance Text Amendment, Residential-Special Standards-Conditional Zoning District  

date:            November 24, 2008

PURPOSE

Tonight the Council continues the October 27, 2008 public hearing to consider an application for a text amendment to the Land Use Management Ordinance.  The proposed amendment would: 1) increase the permitted floor area in the Residential-Special Standards-Conditional (R-SS-C) zoning district; and 2) insert text into the ordinance describing the purpose and intent of the Residential-Special Standards-Conditional zoning district. Attached for Council’s consideration is a revised ordinance to amend the Land Use Management Ordinance.  

MANAGER’S REVISED RECOMMENDATION

I recommend that the Council enact the attached ordinance. The attached ordinance has been amended, subsequent to the October 27, 2008 meeting, as follows:

  1. The “primary” and “secondary” classifications have been deleted from the objective statements.
  2. Applications, not proposing to provide 100% affordable housing, must demonstrate compliance with all of the remaining objectives.
  3. The following phase has been added to the environmental protection objective:
    Including programs that encourage private/public partnership to restore and enhance environmental resources.
  4. The following objectives from the Economic Development Strategy have been added to the list of objective statements:
    1. Promotion of green and ecologically sound developments.
    2. Encouragement of a community character that promotes economic vitality, economic protection and social equity.

I believe the justification for the text amendment application is to achieve the purposes of the Comprehensive Plan particularly as it relates to development and redevelopment of properties in a manner that encourages a variety of objectives including a) affordable housing; b) a balanced transportation system; c) promotion of a healthy downtown and neighborhood commercial/employment areas; d) protection of the natural environment; e) promotion of public art; f) protection of neighborhoods and residential land uses; g) promotion of green and ecologically sound development; and h) promotion of economic vitality, economic protection and social equity.

Because the zoning district is a conditional district, the Council will not consider applying the zone without an accompanying Special Use Permit.  Application of the amended zoning district to a specific property would be a legislative decision within the control of the Council.  In other words, the Council would control where the zoning district may be applied.

I believe that an applicant to this district should attempt to demonstrate their efforts to meet the objectives.  However, the submission of this information by an applicant should not guarantee Council approval of the rezoning request. Consideration of a rezoning application is a legislative decision by the Council.   Unlike a Special Use Permit, which is a quasi-judicial proceeding, a rezoning does not require “substantial evidence” to support it for the Council to make a series of findings in order to approve.

I recommend that the Council enact the attached revised Ordinances approving the proposed Land Use Management Ordinance text amendment.

[For further information see related staff memorandum.]