AGENDA #3
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Land Use Management Ordinance Text Amendment Regarding Certificates of Appropriateness in the Public Right-of-Way
DATE: November 14, 2005
PURPOSE
This Public Hearing has been called to consider a text amendment to the Land Use Management Ordinance regarding Certificates of Appropriateness granted by the Historic District Commission. The proposed amendment would allow the Council to permit the installation of regulatory signs and other traffic control measures and devices, and utility distribution systems in public right-of-way located in the Town’s Historic Districts.
The attached Ordinance would amend the regulations to make this change. We recommend that the Town Council enact the Ordinance.
BACKGROUND
On November 8, 2004, the Council approved changes to traffic control on Cameron Avenue between Merritt Mill Road and Pittsboro Street. One of the changes authorized the installation of parking meters on the north side of Cameron Avenue. Because some of the proposed parking meters would be installed in the Cameron-McCauley Historic District, the Town’s Public Works Department submitted an application to the Historic District Commission requesting a Certificate of Appropriateness for the installation of the meters. On May 12, 2005, the Historic District Commission denied the Town’s request for parking meters on Cameron Avenue in the Cameron-McCauley Historic District.
On September 26, 2005, the Council called a Public Hearing for November 14, 2005, to consider this proposed change to the regulations.
DISCUSSION
The existing Land Use Management Ordinance regulations require application for a Certificate of Appropriateness from the Historic District Commission for regulatory signs and other traffic control measures and devices, and utility distribution systems located in the local Historic Districts (Cameron-McCauley, Franklin-Rosemary, and Gimghoul). The regulations include an appeal process. Decisions of the Historic District Commission may be appealed to the Board of Adjustment. The application for appeal must be filed within 30 days of the filing of the decision being appealed. The appeal involves a review of the record that was made before the Historic District Commission. Subsequent appeals would proceed to Superior Court.
We believe that regulatory signs, traffic control measures and devices, and utility distribution systems are necessary features for safe and efficient operations in the Town and that the installation of such devices should be subject to the direction of the Council.
We recommend revision to the language in the applicable section of the Land Use Management Ordinance regarding Certificate of Appropriateness requirements in the public right-of-way for traffic control measures and devices, and utility distribution systems in the local Historic Districts.
We recommend the following changes to Section 3.6.2(b) of the Land Use Management Ordinance, indicated below by strikeout and underlines:
(1) No exterior portion of any building or other structure
(including masonry walls, fences, light fixtures, steps and pavement, or other
appurtenant features), or any aboveground utility structure, or any type of
outdoor advertising sign shall be erected, altered, restored, moved, or
demolished within the Historic District until after an application for a
Certificate of Appropriateness as to exterior architectural features has been
approved. For purposes of this Article, "exterior architectural
features" shall include the architectural style, general design, and
general arrangement of the exterior of a building or other structure, including
the kind and texture of the building material, the size and scale of the
building, and the type and style of all windows, doors, light fixtures, signs,
and other appurtenant fixtures. In the case of outdoor advertising signs,
"exterior architectural features" shall be construed to mean the
style, material, size, and location of all such signs.
(2) A Certificate of Appropriateness shall be issued prior to the issuance of a Zoning Compliance Permit or any other permit granted for purposes of constructing, altering, or demolishing buildings or structures. A Certificate of Appropriateness shall be required whether or not a Zoning Compliance Permit is required. Any Zoning Compliance Permit or other permit not issued in conformity with this Section shall be invalid.
(3) The Town and all public utility companies shall be required
to obtain a Certificate of Appropriateness prior to initiating any changes in
the character of street paving, sidewalks, utility installations, lighting,
walls, fences, structures, and buildings on property, or easements, or
streets owned or franchised by the Town of Chapel Hill or public utility
companies., excluding regulatory signs, other traffic control
measures and devices, and utility distribution systems located in public
right-of-way.
(4) A Certificate of Appropriateness application may be reviewed and approved by the Town Manager according to specific review criteria contained in State law and guidelines approved by the Commission when the application is determined to involve minor work. Minor works are defined as those exterior changes that do not involve any substantial alterations, and do not involve additions or removals that could impair the integrity of the property and/or the district as a whole. Such minor works shall be limited to those listed in the Commission’s Rules of Procedure, or a successor document. No application involving a minor work may be denied without the formal action of the Commission. Ordinance requirements for notification of affected property owners must be met for all applications.”
RECOMMENDATIONS
Planning Board Recommendation:The Planning Board reviewed the proposal on November 1, 2005 and voted 9-0 to not recommend approval of the text amendment proposal. Please refer to the attached Summary of Planning Board Action.
Historic District Commission Recommendation: The Historic District Commission considered this item on November 10, 2005. We will provide the Council with the Commission’s recommendation when it becomes available.
Manager’s Preliminary Recommendation:We recommend that the Council enact the attached Ordinance to amend the Land Use Management Ordinance regarding installation of regulatory signs, other traffic control measures and devices, and utility distribution systems in public right-of-way in the Historic Districts.
ATTACHMENTS