AGENDA #14

 

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Consideration of OI-4 Zoning District Review Procedures

 

DATE:             March 22, 2004

                        Resubmitted April 14, 2004

 

 

This memorandum reports on ideas that have been suggested for changes to the Office/Institutional-4 (OI-4) Zoning District.

 

DISCUSSION

 

During recent discussions about University development and land use regulations, Council members have heard suggestions for adjustments to the OI-4 Zoning District.  Most of the suggestions to date are related to time frames and procedures for review of University development applications.  Tonight is an opportunity for the Council to review this list of possible adjustments and to discuss how to proceed with consideration of these and other possible changes.

 

The following is a list of possible changes that have been suggested to date:

 

• Allow more time for Council action on an application for a Development Plan or Modification of a Development Plan.  The current requirement is that the Council takes action on such an application within 90 days of the date of Town acceptance of a complete application.

 

• Require that a Concept Plan be presented for Council consideration prior to submittal of an application for a Development Plan or Modification of a Development Plan.

 

• Allow more time for Council action on applications that involve a Perimeter Transition Area.

 

• Specify that the Planning Board make a recommendation on such applications, rather than a requirement that the Board review applications; allow time for two Planning Board meetings to consider such applications, similar to what is specified now for Special Use Permit applications.

 

• Establish a system of quarterly meetings with University representatives to review the status of projects in construction, and offer a preview of projects that are planned.

 

• Add a finding that the Council must make in order to approve a Development Plan or Development Plan Modification:  “That the University’s plan/modifications comply with the Town’s Comprehensive Plan.”

 

• Include a section in OI-4 that would establish public Town reviews of projects to see if the developers are adhering to the standards of the Comprehensive Plan as a way of protecting adjacent and near-by neighborhoods.

 

Note:  The last two of these suggestions were previously offered by a citizen and mistakenly left off of this list when submitted to the Council on March 22.  We regret the omission.

 

NEXT STEPS

 

The Council has indicated an interest in discussing these possible changes.  Tonight is an opportunity for the Council to review the suggestions and decide whether or not to proceed with formal consideration.

 

ATTACHMENT

 

1.         Petition from Ms. Elaine Barney, March 22, 2004 (p. 3).

 

ATTACHMENT 1

 

Petition to the Council to Comment on Agenda Item 13          Elaine Barney

March 22, 2004

 

Mayor Foy, Council Members and Council Staff:

 

This afternoon I contacted Mayor Foy to see if I might briefly comment on Agenda Item #13 (OI4 Ordinance) since my concern has to do with the omission of two suggestions of mine that were not included in the staff report from the March 1 forum and because I need to leave before that agenda item comes up.

 

Currently, the University has to show that it meets two findings or criteria to have a development plan (or modifications to the plan) approved by the Council.  They are:  “Maintain the public health, safety, and general welfare” and “Maintain the value of adjacent property”.

 

I had asked that a third finding be added: that the University’s plan/modifications comply with the Town’s Comprehensive Plan.  This not only would provide an incentive for UNC to comply with the Town’s Plan but, if the development plan or modifications do not comply with the Plan, provides a consequence for UNC.  Adding this third finding also honors the intention of the Comprehensive Plan and those who worked so long and hard on developing the Plan.

 

The second suggestion follows from the first: Include a section in OI4 that would establish public Town reviews of projects to see if the developers are adhering to the standards of the Comprehensive Plan as a way of protecting adjacent and near-by neighborhoods.

 

I hope these suggestions will be fully discussed when this agenda item comes up later this evening.

 

Thank you.