memorandum

to:                  Roger L. Stancil, Town Manager

from:            J.B. Culpepper, Planning Director

Gene Poveromo, Development Manager
John Richardson, Sustainability Officer

subject:      Land Use Management Ordinance Text Amendment – Sustainability Committee Liaison to Community Design Commission

date:            November 10, 2008

PURPOSE

The purpose of this report is to provide information about a Land Use Management Ordinance text amendment that would allow for the appointment of a liaison from the Sustainability Committee to the Community Design Commission.  We recommend enactment of the proposed Land Use Management Ordinance text amendment (Attachment 1).

BACKGROUND

In May 2007, the Council adopted a resolution establishing a Town Sustainability Committee as a standing advisory board to address sustainability within the Town of Chapel Hill (Attachment 2).  The following text is an excerpt from the resolution:

“BE IT FURTHER RESOLVED that the Sustainability Committee be charged with maintaining a general overview of the sustainability of the Town, to specifically include the following responsibilities:

·         Provide guidance to the Planning Board regarding sustainability principles to be adopted as part of the Comprehensive Plan review process. 

·         Monitor implementation of principles and policies as adopted by the Council as part of the Comprehensive Plan review process by performing the following tasks: 

1.      Review and make recommendations on sustainability principles, plans, and policies established by the Council.

2.      Coordinate with Town boards and commissions to advance sustainability principles, plans, and policies established by the Council.

3.      Seek information from other organizations to aid in the development of strategies, programs and initiatives that will further the sustainability goals established by the Council.

4.      Provide a representative to the Town’s Community Design Commission to review, as appropriate, proposed development projects in keeping with the sustainability goals established by the Council.” 

The text underlined for emphasis in item number four above indicates the Council’s desire to appoint a liaison from the Sustainability Committee to the Community Design Commission for the reasons stated.  In order to formally create this liaison position, the Land Use Management Ordinance must be updated.

At the April 16, 2008 Community Design Commission meeting, the Commission received information about the establishment of the Sustainability Committee and its implications regarding the addition of an advisory board representative from that committee.  In response, the Commission stated that it was supportive of the Council’s decision to allow for the designation of a representative from the Sustainability Committee. 

At the September 24, 2008 meeting, the Community Design Commission was informed that the process had begun to amend the Land Use Management Ordinance as explained in April.  The Committee reiterated its support for a representative from the Sustainability Committee.

At the October 20, 2008 public hearing, there were no issues raised regarding the proposed text amendment.

DISCUSSION

The enabling legislation for the Community Design Commission is found within Article 8 (Administrative Mechanisms), Section 8.5 of the Town’s Land Use Management Ordinance.  The existing Ordinance language and proposed change are identified below:

Section 8.5.1 Establishment of Commission (current)

A community design commission, consisting of ten (10) members appointed by the Council, is hereby established. In addition to Council-appointed members, the planning board, parks and recreation commission, transportation board, greenways commission, and historic district commission shall designate one (1) representative from their respective boards to be members of the community design commission, each with full voting privileges.

Section 8.5.1 Establishment of Commission (proposed amendment)

A community design commission, consisting of ten (10) members appointed by the Council, is hereby established. In addition to Council-appointed members, the planning board, parks and recreation commission, transportation board, greenways commission, and historic district commission, and sustainability committee shall designate one (1) representative from their respective boards to be members of the community design commission, each with full voting privileges.

We recommend that Section 8.5.1 of the Town Land Use Management Ordinance be amended as proposed above in order to meet the applicable terms of the Council’s charge for the Sustainability Committee.  We believe the justification of the proposed text amendment is to achieve the purposes of the Comprehensive Plan found within the sustainability-related undercurrents of each theme.  Section 8.5.2 (Qualifications) requires that that a majority of the Community Design Commission members shall have demonstrated special interest, experience, or training in a design field, such as architecture, landscape design, horticulture, city planning, or a closely related field.  If the proposed text amendment is approved, we note that Section 8.5.2 will still apply.

RECOMMENDATIONS

Planning Board Recommendation:  The Planning Board reviewed the proposed text amendment on September 16, 2008 and recommended that the Council enact the attached Ordinance. Please refer to the attached Summary of Planning Board Action.

Recommendation:  We recommend that the Council enact the attached Ordinance to amend the Land Use Management Ordinance provision for the establishment of the Community Design Commission as described in this memorandum.

ATTACHMENTS

1.      Resolution 2007-05-07/R-15 establishing a Town Sustainability Committee (p. 5).

2.      Summary of Planning Board Action (p. 7).

3.      Joint Planning Review by Orange County (p. 8).