AGENDA #2 | Hearing: LUMOTA-Modifications to the NCD Process

MEMORANDUM

TO:	Roger L. Stancil, Town Manager
FROM:	J.B. Culpepper, Planning Director Loryn Clark, Housing and Neighborhood Services Coordinator
SUBJECT:	Public Hearing: Land Use Management Ordinance Text Amendment – Modifications to the Neighborhood Conservation District Process
DATE:	September 17, 2007

PURPOSE

This Public Hearing has been called to consider a proposed Land Use Management Ordinance Text Amendment regarding modifications to the Neighborhood Conservation District Process. See Attachment 1 for a Draft Ordinance.

BACKGROUND

On June 12, 2006, the Chair of the Planning Board presented a petition with the Board’s recommendation to the Council for modification of the Neighborhood Conservation District process (please see Attachment 2).

On October 9, 2006, the Council discussed the Planning Board petition regarding the development of future Neighborhood Conservation Districts. At that meeting Planning Board members stated the Planning Board’s concern that the beginning of the Neighborhood Conservation District process has lacked clarity. Specifically, the Planning Board requested that the issues of the neighborhood boundary, the committee vs. consensus decision making structure, and community goals for the Neighborhood Conservation District be addressed before beginning the formal process. The Board also requested that there be more consultation with the Planning Board before the formal process is begun by the Council.

In response, members of the Council proposed that the beginning of the Neighborhood Conservation District process include a review similar to the Concept Plan Review process for development applications to address these issues. The Council requested that the staff provide a Land Use Management Ordinance text amendment to incorporate the requests and suggestions of the Planning Board into the Neighborhood Conservation District process.

In addition to the process issues raised by the Council and the Planning Board, residents who participated in the recent Neighborhood Conservation District planning efforts for the Coker Hills, Greenwood, Kings Mill/Morgan Creek and Pine Knolls neighborhood, provided feedback about the process. One criticism that arose was that the process was difficult to slow down or to stop once it was initiated. Some residents reported that they signed a petition simply to find out more about becoming a Neighborhood Conservation District, and some residents reported that they did not know that the process would ultimately result in a rezoning.

On January 16, 2007, we presented the Planning Board a two-phase process proposal that would modify the Neighborhood Conservation District guidelines in accordance with the suggestions and requests from the Council, the Planning Board, and citizens. On March 30, 2007, the Planning Board endorsed the proposal that is before the Council tonight.

On August 21, 2007, we presented the Planning Board with a draft text amendment incorporating the two-phase process proposal into the Land Use Management Ordinance. The Planning Board endorsed the language and recommended that the Council enact the Land Use Management Ordinance text amendment.

NEIGHBORHOOD CONSERVATION DISTRICT TWO PHASE PROCESS PROPOSAL

This proposed change to the Neighborhood Conservation District process was designed to address the issues that were identified by the Council, the Planning Board, and residents. The proposal would create two phases for the Neighborhood Conservation District process. The first phase would require a Town Council or citizen petition to initiate a Neighborhood Conservation District Public Information Meeting. The second phase would require a second Council or citizen petition to initiate the formal process of creating a Neighborhood Conservation District, i.e., the enactment of an ordinance amending the Zoning Atlas. By dividing the process into two phases, residents would be notified and have the opportunity to gather information before the second formal process is begun. In addition, the Planning Board would be involved from the beginning of the entire process and Council direction would be provided at the beginning of the formal process.

Phase One: Petition for Neighborhood Conservation District Public Information Meeting

Phase One of the proposed Neighborhood Conservation District process would be initiated by a Council action or a neighborhood petition to request a Public Information Meeting. The Planning Board would evaluate the petition, hear from citizens, and designate an initial notification boundary for the Neighborhood Conservation District Public Information Meeting.

The purpose of the proposed Phase One is to provide information to the entire neighborhood included in the petition notification area about what a Neighborhood Conservation District is, how many existing Neighborhood Conservation Districts there are and what they consist of, what a Neighborhood Conservation District can and cannot accomplish, and an explanation of the process that creates a Neighborhood Conservation Overlay Zoning District. The purpose of separating this phase from the formal process phase is to provide information about Neighborhood Conservation Districts before the formal process is initiated. The steps in the proposed Phase One are listed below:

Step 1: The Neighborhood Conservation District Phase One petition would be a standard form provided by the Town to request a Public Information Meeting (please see Attachment 3). Phase One could be initiated by Council action or a petition with the signatures of 51% of land or property owners. This is the standard that is currently applied in the Land Use Management Ordinance.

Step 2: A valid Neighborhood Conservation District Phase One petition would be presented to the Planning Board. The Board would set the initial notification boundary and schedule a Public Information Meeting. The Planning Board would also have the opportunity to identify any issues that they would like the neighborhood or the staff to address.

Step 3: Staff would send a mailing to the notification area designated by the Planning Board and to households within 500 feet of the proposed boundary. The mailing would include:

Notification of the Public Information Meeting;
General Information and history of Neighborhood Conservation Districts;
A summary of existing Neighborhood Conservation Districts; and
An explanation of the NCD process.

Step 4: The format of the Public Information Meeting would be approved by the Planning Board. The meeting would be facilitated by staff.

Phase Two: Petition to Begin the Neighborhood Conservation District Feasibility Review Process

The proposed Phase Two o of the proposed Neighborhood Conservation District process would be initiated by a Council action or a neighborhood petition requesting to proceed with the formal process of becoming a Neighborhood Conservation District.

The purpose of the proposed Phase Two is to engage the residents, the Planning Board and the Council in the process of creating a Neighborhood Conservation District and to clarify the neighborhood boundary, the decision making structure, and the community goals for the Neighborhood Conservation District from the beginning of the process. The steps in the proposed Phase Two are listed below:

Step 1: The Neighborhood Conservation District Phase Two – Feasibility Review petition would be a standard form provided by the Town to request to become a Neighborhood Conservation District (please see Attachment 4). The petition for Phase Two would require Council action or the signatures of 51% of land or property owners.

Step 2: Upon receiving a valid Neighborhood Conservation District Phase Two petition, the Town would schedule a Neighborhood Conservation District Feasibility Review by the Planning Board.

The Town would send a postcard notification to residents to inform them of the date of the Feasibility Review.
The Planning Board would hear from residents and review the petition.
The Planning Board would make a recommendation to the Council with regard to the community goals, urgency, the decision making structure, and initial boundary of the proposed Neighborhood Conservation District.

Step 3: Following the Feasibility Review, the Council would consider the petition, the Planning Board recommendation, and hear from residents. The Council would make a motion to accept or deny the petition and specify the community goals, level of urgency, and the initial boundary.

The Council would decide whether to use a plenary or committee structure for the process. If the committee structure is chosen, the Council would instruct the Town Clerk to initiate the application process and set a Council Meeting date to nominate and appoint the members.
The Council would decide whether to use staff or a consultant to facilitate the Neighborhood Conservation District process.

Step 4: If the Council accepts the petition to create a Neighborhood Conservation District, the Town would send a mailing to everyone in the proposed boundary and within 500 feet of the proposed boundary that would include:

The Council’s stated community goals, level of urgency and the initial proposed boundary;
A booklet explaining land use dimensions and planning terminology; and
Website information.

Step 5: If the Council decides to use a Town-wide committee structure for proceeding with the Neighborhood Conservation District process, the mailing would include a committee application form.

The Town Clerk would advertise the committee and send an email notification to the mailing lists for the residents who participated in a prior Neighborhood Conservation District process.
The committee size would be recommended to be 10% of households in the neighborhood or twenty people, whatever is less.
It would be preferable that the committee would include some non-residents of the neighborhood, not to exceed one third of the total membership.

ADDITIONAL PROPOSAL

At the January 16, 2007, Planning Board meeting, the Board recommended that the Council consider increasing the minimum age of a neighborhood to be considered for a Neighborhood Conservation District from 25 years to 40 years. The age of a neighborhood will be judged from the date of the first petition for Phase One or by the date of the first Council action initiating the Neighborhood Conservation District process. This proposal is included in the proposed Land Use Management Ordinance Text Amendment below.

RECOMMENDATIONS

Planning Board Recommendation: On August 21, 2007, the Planning Board voted 5-0 to recommend enactment of the attached Ordinance A. Please refer to Attachment 5 for a Summary of Planning Board Action.

Preliminary Staff Recommendation: We recommend consideration of the proposed modifications to Section 3.6.5 of the Land Use Management Ordinance shown by strikethroughs and underscoring in the attached Draft Ordinance (Attachment 1).

ATTACHMENTS