AGENDA #9

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Consultant Contract for Development Ordinance Revision

DATE: January 8, 2001

Adoption of the attached resolution would approve a Scope of Services and Budget for a contract with a consulting firm, for revision of Chapel Hill’s Development Ordinance.

BACKGROUND

On May 8, 2000, the Town Council adopted a new Comprehensive Plan and implementation of the new Plan is now underway. One important implementation step involves the Development Ordinance. The Development Ordinance needs to be brought into conformance with the newly adopted Comprehensive Plan.

On July 5, 2000, the Town Council selected a consulting firm to provide assistance with the revision of the Development Ordinance. A scope of services was prepared and approved by the Council in August. A contract was signed in September.

Work proceeded under the terms of the contract through the fall of 2000. On December 11, 2000, the Town Council directed to Manager to conclude work on the existing consultant contract, and negotiate a Scope of Services and Budget with the Kansas City firm of Freilich, Leitner, & Carlisle. A copy of the Council’s December 11 resolution is attached.

DISCUSSION

At the Council’s direction, we have discussed this project with Mr. Mark White, of Freilich, Leitner, & Carlisle. Copies of materials describing the experience of Mr. White and the firm are attached.

As a result of these conversations, Freilich, Leitner & Carlisle has prepared a proposed Scope of Services and Proposed Timeline (attached). Key points of this proposal are as follows:

• The foundation for work on revising Chapel Hill’s Development Ordinance will be reports that were prepared and discussions that took place last fall. Key guidance will be taken from a “Diagnosis Report” and the Council’s discussion of that report, along with accompanying comments that were prepared by citizens and Town Advisory Boards.

• Fundamental to the revision of the Development Ordinance will be:

1. Reference to policies and strategies articulated in Chapel Hill’s new Comprehensive Plan.

2. Revision of the development review process so that a Concept Plan will be reviewed by the Town Council as the first step in every major development application.

3. Upgrading of existing development standards, such that current standards on tree protection, environmental protection, and mitigation of stormwater and traffic impacts will be expanded, and made more stringent and specific.

• Freilich, Leitner & Carlisle staff have been provided with Chapel Hill’s existing Development Ordinance, Comprehensive Plan, the Diagnosis Report prepared by Lane Kendig, inc., and descriptions of Council discussions to date regarding this project to revise the Development Ordinance. Full records of Council discussions will also be made available to the consultant.

• The first step in the work of the consultant will be attending a work session with the Town Council during late January or early February, to discuss the Council’s objectives and expectations. The purpose of this initial session so that the consultant can be certain that he understands the Council’s goals for this project, and the Council can understand the consultant’s approach.

• The revised Development Ordinance will incorporate many of the standards and procedures in the existing Ordinance, but organized in a better and more user-friendly form.

• The revised Development Ordinance will be written in a form that is conducive to its being accessed via the Town’s website.

• A detailed, annotated outline will be delivered in March, ready for public review and comment during April.

• A first draft of the revised Development Ordinance will be delivered in May, to allow public review and discussion during June.

• A second (and close to final) draft of the revised Development Ordinance will be delivered in August, to allow public review and discussion during September.

• The consultant will visit Chapel Hill four times between January and September: Once for a preliminary meeting with the Town Council, once for review of a detailed, annotated outline (April), and twice for Public Hearings (in June and September).

• Other presentations of the drafts (to Advisory Boards and public information meetings) will be made by Town staff.

• Part of the Freilich, Leitner, & Carlisle consulting team will be the firm of Jordan, Jones, & Goulding from Charlotte.

• The budget for this set of consultant services will be $76,000.

We believe that a key to making this process cost-effective (and being able to stay within this proposed budget) will be minimizing the number of consultant visits, and completing the products within the projected time frame.

We believe that the schedule can be accomplished, but believe that it is aggressive. We intend to work with the consultants to hit the targets of having drafts ready for public hearings in June and September, allowing the Council opportunity to adopt a new Development Ordinance by October.

RECOMMENDATION

We recommend that the Council adopt the attached resolution, directing the Town Manager to execute a contract for the attached Scope of Services, with a budget of $76,000.

We note that the Council has scheduled a Work Session for 5:30 pm on January 22, 2001, for purposes of discussion of the Development Ordinance revision. If the Council approves this contract, Mr. Mark White of Freilick, Leitner, & Carlisle will attend the Work Session.

ATTACHMENTS

1. December 11, 2000 Council Resolution (p. 5).

2. Proposed Scope of Services and Proposed Timeline from Freilich, Leitner, & Carlisle (p. 7).

3. Background materials describing experience of Mr. Mark White and the firm Freilich, Leitner, & Carlisle (p. 13).

A RESOLUTION SELECTING A CONSULTANT FOR REVISION OF CHAPEL HILL’S DEVELOPMENT ORDINANCE (2001-01-08/R-12)

WHEREAS, the Chapel Hill Town Council adopted a new Comprehensive Plan on May 8, 2000; and

WHEREAS, a key step in implementing that Comprehensive Plan is revision of Chapel Hill’s Development Ordinance; and

WHEREAS, the Council has discussed its objectives for a revised Development Ordinance and seeks the assistance of a consultant to prepare a revised Ordinance; and

WHEREAS, the Council concludes that a proposal offered by Freilich, Leitner, & Carlisle, described in a memorandum dated January 8, 2001, would address the Council’s objectives in revising the Development Ordinance;

NOW, THEREFORE, BE IT RESOLVED that the Council directs the Town Manager to execute a contract with Freilich, Leitner, & Carlisle reflecting the specific Scope of Services and Timeline described in a January 8, 2001 memorandum to the Council, with a stated budget of $76,000.

This the 8^th day of January, 2001.