AGENDA #8
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Land Use Management Ordinance Text Amendment – Modifications to Ordinance Associated With Legislative Changes
DATE: February 13, 2006
PURPOSE
The enactment of the attached Ordinance A would amend the Land Use Management Ordinance to 1) reduce the amount of time that the Planning Board has to provide recommendations to the Town Council in regard to Zoning Atlas Amendments; and 2) modify the requirements associated with preparing a protest petition for Zoning Atlas Amendments.
BACKGROUND
In 2005, the following bills were enacted by the North Carolina General Assembly:
· Senate Bill 518, “An Act to Clarify and Make Technical Changes to City and County Planning Statutes;” and
· Senate Bill 814, “An Act to Modernize and Simplify City and County Planning and Land-Use Management Statutes.”
Both bills clarify some legal questions and codify into statute principles of law based on decisions of the Courts. Senate Bill 518 enacted five modifications to the statutes that affect municipalities and Senate Bill 814 enacted six modifications that affect municipalities. A copy of each bill is attached.
On January 18, 2006, the Council held a Public Hearing to receive comments on the proposed amendments to the Land Use Management Ordinance. A copy of the January 18 memorandum is attached.
ISSUES RAISED
There were no issues raised during the January 18 Public Hearing regarding the proposed Land Use Management Text Amendments regarding Zoning Atlas Amendments.
RECOMMENDATIONS
Planning Board Recommendation: On January 3, 2006, the Planning Board voted 6-0 to recommend enactment of the attached Ordinance. Please refer to the attached Summary of Planning Board Action (Part of Attachment 1).
Manager’s and Attorney’s Recommendation: We recommend that the Council enact the attached Ordinance to amend the Land Use Management Ordinance to 1) reduce of the amount of time that the Planning Board has to provide recommendations to the Town Council, in regard to Zoning Atlas Amendments; and 2) modify of the requirements associated with preparing a protest petition for Zoning Atlas Amendments.
ATTACHMENTS