AGENDA #9
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Recommended Changes in Staff Work Schedule for Review of Land Use Management Ordinance Text Amendments
DATE: September 27, 2004
This report responds to a request by the Town Council on September 7 to adjust the schedule of future Land Use Management Ordinance text amendments so that affordable housing issues can be addressed at an earlier date than previously proposed.
BACKGROUND
On February 23, 2004, the Town Council adopted a number of amendments to the Land Use Management Ordinance as part of the one-year evaluation of the new regulations. Several issues were not addressed in February, and deferred for future consideration. A copy of the February 23 memorandum is attached. Consideration of these items was deferred by Council resolution as indicated in the adopted February 23 resolution regarding prioritization of remaining Land Use Management Ordinance items.
On September 7 we brought a report to the Council suggesting changes to the February 23 schedule. The Council asked that the Manager revise the proposed schedule to incorporate discussion of broader affordable housing issues and discussion of changes to the minimum lot size for a Planned Development-Housing in a residential zoning district.
DISCUSSION
In February 2004, consideration of several items was deferred to the fall of this year. As we review the upcoming schedule, we believe it will not be possible to proceed with consideration of all of these items, as well as other items that have since been scheduled for this fall. Considering limited staff resources, we believe that the schedule needs to be adjusted. We were not able to add additional planning staff positions in the recently adopted budget. The Council directed us to manage development review functions with existing resources, and we are continuing to rearrange priorities for staff work. The number of applications has not diminished. With new regulations, especially those impacting single-family development, the time staff spends with individuals has greatly increased, reducing time available to work on proposed changes to development regulations.
On September 7, 2004, the Council asked that we adjust the schedule we had proposed in order to incorporate broader discussion of affordable housing issues. Also on September 7 the Council asked that an additional item be added to the list: reducing the minimum lot size for multi-family development proposed as a Planned Development in a residential zoning district.
The following items are scheduled for review at public hearings this fall:
October 18 Public Hearing (already scheduled)
· Laurel Hill Road Closure
· Concept Plan: Habitat for Humanity Sunrise Road Development
· Land Use Management Ordinance text amendment: Demolition by Neglect (request to delay consideration --see related item on tonight’s agenda)
· Land Use Management Ordinance text amendment: Office/Institutional-4 Adjustments
November 15 Public Hearing (items tentatively scheduled)
· Wilson Assemblage Special Use Permit
· The Farm Special Use Permit
· Concept Plan: Beechridge Development
· Concept Plan: Orange County Senior Center
· Concept Plan: Franklin Grove
January 19 Public Hearing
· Land Use Management Ordinance text amendment: school site reservation (already scheduled)
· Land Use Management Ordinance text amendment: Demolition by Neglect (proposed date see related item on tonight’s agenda)
· Montessori School Special Use Permit
Given this schedule, and given the Council’s direction on September 7 we now recommend the following revisions to the deferred Land Use Management Ordinance text amendments (recommended changes indicated below). Changes have been made in these areas: (1) Expand affordable housing discussion and move up to spring, 2005. In order to accomplish this, (2) Move consideration of stormwater adjustments back to fall, 2005; and (3) Add consideration of the multi-family housing proposal.
|
ISSUE |
ACTION |
|
Clarify the relationship between building code and Land Use Management Ordinance definitions of floor area. |
Defer discussions, pending
further study, with recommendations to the Council in fall |
|
Clarify land disturbance triggers for soil and erosion control requirements; coordinate with similar requirements in other documents. |
Defer discussions, pending
further study, with recommendations to the Council in fall |
|
Adjust parking requirements (Section 5.9).
|
Defer discussions, pending
completion of study that is currently underway (report expected to Council in
|
|
Reconsider the time frames specified for action in the OI-4 zoning district (Sec 3.5.2).
|
Consider next steps following a March 1, 2004 Public Forum.
Staff Comment: Now Scheduled for October 18, 2004 Public Hearing. |
|
** Consider adjusting affordable housing requirements to include application to multi-family development, attention to owner/renter implementation mechanisms, attention to mechanisms to achieve long-term impacts, and clarification of formulas. |
Defer discussions, pending
further study, with recommendations to the Council by |
|
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) |
Defer discussions, pending
further study, with recommendations to the Council in fall
|
|
Consider how to handle porous pavement as impervious surface (Table 3.8-1, footnote (k)).
|
Defer discussions, pending
further study, with recommendations to the Council in fall |
|
Clarify distinctions between water treatment requirements for runoff from public streets vs. private lots. |
Defer discussions, pending
further study, with recommendations to the Council in fall |
|
Re-consider requiring stormwater management facilities on individual single-family lots (Section 5.9.2(a)).
|
We do not recommend
re-consideration of this issue at this time. We continue to believe that the
regulations in place are desirable; there may be value in reconsideration in
the future, after there has been enough time to evaluate systems that have
been installed; there is not yet enough experience with these regulations to
perform such evaluation now. We recommend further consideration in fall
Staff Comment: Planning Board evaluation expected in fall 2004 with possible recommendation for adjustment to the 2,000/5,000 square foot thresholds that apply to single-family and two-family lots. |
|
Increase flexibility in “alternate buffer” provisions (Section 5.6.8).
|
Defer discussions, pending
further study, with recommendations to the Council in fall |
|
** Consider reducing minimum lot size from 5 acres to 1 acre for Planned Development-Housing in residential zoning districts (Section 6.18.4) |
Staff Comment: Recommend discuss in fall, 2005. |
** Indicates new or expanded item in response to September 7 discussion.
SUMMARY AND RECOMMENDATION
We recommend that the Council adopt the attached resolution, adopting a revised schedule for considering adjustments to Land Use Management Ordinance regulations.
ATTACHMENT
(Manager’s Revised Recommendation)
A RESOLUTION REGARDING PRIORITIZATION OF EVALUATION OF REMAINING LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENT ITEMS IDENTIFIED AT THE JANUARY 21, 2004, PUBLIC HEARING AND ON SEPTEMBER 7, 2004 (2004-09-27/R-17)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule of consideration of Land Use Management Ordinance text amendments:
|
ISSUE |
ACTION |
|
Clarify the relationship between building code and Land Use Management Ordinance definitions of floor area. |
Defer discussions, pending further study, with recommendations to the Council in fall, 2005. |
|
Clarify land disturbance triggers for soil and erosion control requirements; coordinate with similar requirements in other documents. |
Defer discussions, pending further study, with recommendations to the Council in fall, 2005. |
|
Adjust parking requirements (Section 5.9).
|
Defer discussions, pending completion of study that is currently underway (report expected to Council in November with likely public hearing in spring, 2005). |
|
Reconsider affordable housing requirements (Section 3.8) |
Defer discussions, pending further study, with recommendations to the Council by spring, 2005. |
|
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) |
Defer discussions, pending further study, with recommendations to the Council in fall, 2005.
|
|
Consider how to handle porous pavement as impervious surface (Table 3.8-1, footnote (k)). |
Defer discussions, pending further study, with recommendations to the Council in fall, 2005. |
|
Clarify distinctions between water treatment requirements for runoff from public streets vs. private lots. |
Defer discussions, pending further study, with recommendations to the Council in fall, 2005. |
|
Re-consider requiring stormwater management facilities on individual single-family lots (Section 5.9.2(a)). |
Schedule further consideration in fall, 2005. |
|
Increase flexibility in “alternate buffer” provisions (Section 5.6.8). |
Defer discussions, pending further study, with recommendations to the Council in fall, 2005. |
|
Consider reducing minimum lot size from 5 acres to 1 acre for Planned Development-Housing in residential zoning districts (Section 6.18.4) |
Discuss in fall, 2005. |
This the 27th day of September, 2004.