AGENDA #12

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Adjustment of Schedule for Consideration of Land Use Management Ordinance Text Amendments

DATE: May 22, 2006

PURPOSE

This report provides an update on the status of future Land Use Management Ordinance text amendments and recommends revision to the work schedule as well as the scheduling of an additional Public Hearing in late September or early October to accommodate development applications and Concept Plan applications.

BACKGROUND

On February 23, 2004, the Town Council enacted a number of amendments to the Land Use Management Ordinance as part of the one-year evaluation of the Land Use Management Ordinance. Several issues were not addressed in 2004 and were deferred for future consideration. Other text amendments have been considered and enacted. In addition, new proposals have emerged or have been elevated for consideration, including:

Tree Ordinance changes: protection of trees on private property and banning clear cutting (Report to Council on June 26 with recommended hearing date)
Changeable/Movable Signage (also know as Sandwich Board signage – June 19 Public Hearing)

The Council’s quarterly update of Council goals provided the following schedule:

ISSUE

ACTION

Clarify the relationship between building code and Land Use Management Ordinance definitions of floor area.

Report to Council by Third Quarter, 2006 on schedule for text amendments.

Clarify land disturbance triggers for soil and erosion control requirements; coordinate with similar requirements in other documents.

Report to Council by Third Quarter, 2006 on schedule for text amendments.

Adjust parking requirements (Section 5.9).

Recommendations pending Transportation Board review. Consideration of adjustment to the vehicular and bicycle parking standards is expected to return to the Town Council in the Second Quarter of 2006.

Reconsider using the “2-year frequency, 24-hour storm event” as the basis upon which calculations are made regarding how much stormwater (volume) needs to be retained on-site. (Section 5.4.6)

Report to Council by Third Quarter, 2006 on schedule for text amendments.

Consider how to handle porous pavement as impervious surface (Table 3.8-1, footnote (k)).

Report to Council by Third Quarter, 2006 on schedule for text amendments.

Clarify distinctions between water treatment requirements for runoff from public streets vs. private lots.

Report to Council by Third Quarter, 2006 on schedule for text amendments.

Reconsider requiring stormwater management facilities on individual single-family lots (Section 5.9.2(a)).

Report to Council by Third Quarter, 2006 on schedule for text amendments.

Increase flexibility in “alternate buffer” provisions (Section 5.6.8).

Report to Council by Third Quarter, 2006 on schedule for text amendments.

Consider reducing minimum lot size from 5 acres to 1 acre for Planned Development Housing in residential zoning districts (Section 6.18.4)

Report to Council by Third Quarter, 2006 on schedule for text amendments.

Consideration of changes to lighting provisions (dark skies initiative)

Added to Council Goals at January 2006 Council Retreat (Report spring 2006).

Revisions to Town Center Zoning District Building Envelope Provisions (height related)

Added to Council Goals at January 2006 Council Retreat (Report spring 2006).

ISSUE	ACTION
Clarify the relationship between building code and Land Use Management Ordinance definitions of floor area.	Report to Council by Third Quarter, 2006 on schedule for text amendments.
Clarify land disturbance triggers for soil and erosion control requirements; coordinate with similar requirements in other documents.	Report to Council by Third Quarter, 2006 on schedule for text amendments.
Adjust parking requirements (Section 5.9).	Recommendations pending Transportation Board review. Consideration of adjustment to the vehicular and bicycle parking standards is expected to return to the Town Council in the Second Quarter of 2006.
Reconsider using the “2-year frequency, 24-hour storm event” as the basis upon which calculations are made regarding how much stormwater (volume) needs to be retained on-site. (Section 5.4.6)	Report to Council by Third Quarter, 2006 on schedule for text amendments.
Consider how to handle porous pavement as impervious surface (Table 3.8-1, footnote (k)).	Report to Council by Third Quarter, 2006 on schedule for text amendments.
Clarify distinctions between water treatment requirements for runoff from public streets vs. private lots.	Report to Council by Third Quarter, 2006 on schedule for text amendments.
Reconsider requiring stormwater management facilities on individual single-family lots (Section 5.9.2(a)).	Report to Council by Third Quarter, 2006 on schedule for text amendments.
Increase flexibility in “alternate buffer” provisions (Section 5.6.8).	Report to Council by Third Quarter, 2006 on schedule for text amendments.
Consider reducing minimum lot size from 5 acres to 1 acre for Planned Development Housing in residential zoning districts (Section 6.18.4)	Report to Council by Third Quarter, 2006 on schedule for text amendments.
Consideration of changes to lighting provisions (dark skies initiative)	Added to Council Goals at January 2006 Council Retreat (Report spring 2006).
Revisions to Town Center Zoning District Building Envelope Provisions (height related)	Added to Council Goals at January 2006 Council Retreat (Report spring 2006).

DISCUSSION

As we review this schedule, as well as other items that have been scheduled for this fall, we believe adjustments are necessary. We are making progress filling the vacant planner positions but have two vacancies remaining. We are having difficulty attracting applicants that meet our education and experience needs. We have just closed on second round advertisement for both the vacant long range planner position and the vacant transportation planner position. In addition, we anticipate the maternity leave of our Community Development and Neighborhood Services Coordinator this summer.

Meanwhile, the number of development applications has not diminished for single-family development or for larger projects. With the 2003 Land Use Management Ordinance regulations, especially those affecting single-family development, the time staff spends with individual applicants has increased, reducing time available to work on proposed changes to development regulations. Further, we are currently experiencing an upswing in the submittal of development applications requiring Planning Board and/or Council action.

The following items are scheduled or anticipated for review at Public Hearings this fall:

University Development Plan Modification #3
Castalia at Meadowmont Master Plan Modification and Special Use Permit
Chapel Hill North Master Plan Modification and Crosland Residential Development Special Use Permit
OWASA Reclaimed Water System Special Use Permit Modification
Waterbury Subdivision (aka Aquabella Subdivision) on Pinehurst
Fairway Subdivision on Pinehurst
Starbucks at Eastgate Special Use Permit Modification
American Board of Pediatrics Special Use Permit Modification
Downtown Economic Development Initiatives
Concept Plan: Habitat for Humanity Purefoy Road Development
Concept Plan: North Hampton Terrace Redevelopment
Concept Plan: Townhouse Apartments Redevelopment
Concept Plan: Chapel Hill Country Club
Concept Plan: St. Thomas More Church Expansion
Land Use Management Ordinance Text Amendments: Inclusionary Zoning
Land Use Management Ordinance Text Amendments: Tree Ordinance Revisions
Land Use Management Ordinance Text Amendments: Dark Skies Lighting
Land Use Management Ordinance Text Amendments: Bicycle and Vehicular Parking
Comprehensive Plan Update

Given these pending items, we have two recommendations:

First, we recommend scheduling a special meeting late in September to review Concept Plan submittals. We have five submittals already awaiting review this fall and anticipate receipt of more. Second, we recommend the following revisions to the schedule for consideration of Land Use Management Ordinance text amendments (recommended changes indicated below).

ISSUE

RECOMMENDED SCHEDULE

Tree Ordinance changes: protection of trees on private property and banning clear cutting.

Report to Council on June 26, Public Hearing possible this fall.

Consideration of changes to lighting provisions (dark skies initiative).

Added to Council Goals at January 2006 Council Retreat. Planning Board consideration to begin during the summer of 2006.

Adjust parking requirements (Section 5.9).

Recommendations pending Transportation Board review. Consideration of adjustment to the vehicular and bicycle parking standards is expected to return to the Town Council in the Third Quarter of 2006.

Revisions to Town Center Zoning District Building Envelope Provisions (height related).

Added to Council Goals at January 2006 Council Retreat. Planning Board consideration to begin Third Quarter, 2006.

Clarify land disturbance triggers for soil and erosion control requirements; coordinate with similar requirements in other documents.

Report Second Quarter, 2007

Reconsider using the “2-year frequency, 24-hour storm event” as the basis upon which calculations are made regarding how much stormwater (volume) needs to be retained on-site (Section 5.4.6).

Report Second Quarter, 2007

Consider how to handle porous pavement as impervious surface (Table 3.8-1, footnote (k)).

Report Second Quarter, 2007

Clarify distinctions between water treatment requirements for runoff from public streets vs. private lots.

Report Second Quarter, 2007

Reconsider requiring stormwater management facilities on individual single-family lots (Section 5.9.2(a)).

Report Second Quarter, 2007

Consider reducing minimum lot size from 5 acres to 1 acre for Planned Development Housing in residential zoning districts (Section 6.18.4).

Report Second Quarter, 2007

Clarify the relationship between building code and Land Use Management Ordinance definitions of floor area.

Report Third Quarter, 2007

Increase flexibility in “alternate buffer” provisions (Section 5.6.8).

Report Third Quarter, 2007

ISSUE	RECOMMENDED SCHEDULE
Tree Ordinance changes: protection of trees on private property and banning clear cutting.	Report to Council on June 26, Public Hearing possible this fall.
Consideration of changes to lighting provisions (dark skies initiative).	Added to Council Goals at January 2006 Council Retreat. Planning Board consideration to begin during the summer of 2006.
Adjust parking requirements (Section 5.9).	Recommendations pending Transportation Board review. Consideration of adjustment to the vehicular and bicycle parking standards is expected to return to the Town Council in the Third Quarter of 2006.
Revisions to Town Center Zoning District Building Envelope Provisions (height related).	Added to Council Goals at January 2006 Council Retreat. Planning Board consideration to begin Third Quarter, 2006.
Clarify land disturbance triggers for soil and erosion control requirements; coordinate with similar requirements in other documents.	Report Second Quarter, 2007
Reconsider using the “2-year frequency, 24-hour storm event” as the basis upon which calculations are made regarding how much stormwater (volume) needs to be retained on-site (Section 5.4.6).	Report Second Quarter, 2007
Consider how to handle porous pavement as impervious surface (Table 3.8-1, footnote (k)).	Report Second Quarter, 2007
Clarify distinctions between water treatment requirements for runoff from public streets vs. private lots.	Report Second Quarter, 2007
Reconsider requiring stormwater management facilities on individual single-family lots (Section 5.9.2(a)).	Report Second Quarter, 2007
Consider reducing minimum lot size from 5 acres to 1 acre for Planned Development Housing in residential zoning districts (Section 6.18.4).	Report Second Quarter, 2007
Clarify the relationship between building code and Land Use Management Ordinance definitions of floor area.	Report Third Quarter, 2007
Increase flexibility in “alternate buffer” provisions (Section 5.6.8).	Report Third Quarter, 2007

SUMMARY AND RECOMMENDATION

We recommend that the Council adopt the attached resolution which would endorse a revised schedule for considering adjustments to Land Use Management Ordinance regulations and schedule an additional Public Hearing meeting in late September or early October to accommodate the number of development applications and Concept Plan submittals. Possible dates for the additional Hearing include:

September 20 (Wednesday)
September 25 (Monday)
October 4 (Wednesday)