AGENDA #1
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Annotated Outline for Revised Development Ordinance
DATE: April 18, 2001
Attached for your consideration is an Annotated Outline, describing the form and general substance of a new draft Development Ordinance. The purpose of tonight’s meeting is to hear a presentation about the Outline and to offer comments to our consultant.
On May 8, 2000, the Town Council adopted a new Comprehensive Plan. One of the key implementing steps is to revise the Town’s Development Ordinance, both to reflect the goals and policies of the new Comprehensive Plan and also to reorganize the Ordinance and make it more up-to-date and user friendly. The Town Council selected the firm of Freilich, Leitner, & Carlisle to prepare this new Development Ordinance. Mr. Mark White of Freilich, Leitner, & Carlisle is taking the lead on this project. The Council conducted a Work Session with Mr. White to discuss the Council’s objectives in revising the Development Ordinance.
After discussion with the Town Council, the consultant prepared the attached Annotated Outline. This outline, currently in draft form, is to be used to structure the writing of new Ordinance sections. The Town Council scheduled time on tonight’s Public Hearing agenda to review this draft.
We have forwarded this draft to Town Advisory Boards for review and comment. Comments are attached from those Boards that have prepared written comments. Several Boards will likely want to address the Council and consultant tonight.
Mr. White will be in attendance to present the outline, answer questions, and receive further guidance from the Council.
The approach to revising the Development Ordinance is to start with the base of our existing regulations, to re-organize the material to make the document more coherent and user-friendly, to propose changes that would implement the newly-adopted Comprehensive Plan, and to propose changes that address substantive issues raised during recent discussions of the Town Council and Advisory Boards. This Annotated Outline offers the structure, introduces some new ideas, and offers brief explanations where new approaches to regulation are being proposed.
Please note that explanatory text, describing why a section is being proposed or offering additional information about a new concept, appears in italics in the attached outline.
Following are some key areas where significant changes are being proposed. Mr. White will include discussion of these key changes in his presentation:
· Article 2: Use Patterns. This approach to describing the types of development that fit within the Chapel Hill context is new, and would be a major shift in the Town’s approach to land use regulation. We believe it could result in a desirable and pro-active context, wherein the Town Council can explicitly describe its expectations.
· Sections 3.4.3 and 3.4.4: Incentive Zoning, Inclusionary Zoning. These would be new for Chapel Hill.
· Section 3.5: Land Use Intensity Ratios. Suggests keeping Floor Area Ratios, but eliminating other ratios in favor of more direct standards and criteria.
· Sections 3.8, 3.9, and 3.15: Overlay Zoning Districts. Suggests creation of three new overlay districts: Traditional Neighborhood Development, Transit Oriented Development, and Infill Development.
· Section 4.3: Concept Plan Review. Major change here, suggesting that Concept Plans be reviewed by the Town Council.
· Section 4.10: Subdivisions. Introduces a new concept, “Conservation Subdivisions.”
· Section 4.12: Permits. Would add new requirements for access to utilities and streets prior to issuance of a building permit.
· Section 5.0: Overall Site Design. Would add statements of expectation regarding the design of new development.
· Section 5.1: Adequate Public Facilities. Placeholder here for the Schools ordinance currently under consideration; suggests adding similar regulations for streets/roads.
· Section 5.8: Parking, Loading, Bicycles. Major changes here, reflecting recent statements of Council policy.
· Section 5.11: Stormwater Management. Major changes here to reflect the Council’s priority on stormwater management controls.
· Section 5.12: Transportation. Major changes here, reflecting recent statements of Council policy.
· Section 5.13: Tree Protection. Will suggest upgraded requirements.
We note that, in addition to the work of Mark White from Freilich, Leitner, & Carlisle, a subcontractor on this project is the engineering firm of Jordan, Jones, & Goulding. Representatives from this firm have been spending time with our Stormwater Engineer and Public Works staff to generate proposed new standards.
We also note that, as these discussions have been evolving (both with the Town Council and with the consultant team), it is increasingly apparent that many of the objectives articulated by the Town Council and by Advisory Boards are best pursued by amending the Town’s Design Guidelines. As part of this Development Ordinance revision process, we will be keeping a file of changes to be proposed subsequently to the Design Manual. It is our suggestion and intent to initiate amendments to the Design Manual immediately upon adoption of a new Development Ordinance.
Finally we highlight two areas that are not explicitly addressed in this draft outline. First is construction of a new zone for regulating University development. That process is proceeding separately. Also, this draft does not address energy requirements. The consultant has noted that there is no precedent for the use of “energy standards” in a development code. This is, however, appropriate for a building code. The town could make efficiencies in energy consumption part of the findings for some types of development which are energy-efficient (e.g., transit-oriented development).
We note that several citizens and Advisory Board members have asked for an opportunity to have informal conversations with the consultant. Accordingly, we have set up a Public Information Meeting for 4:00 pm to 6:00pm on Wednesday, April 18. The consultant, Mr. Mark White, will be available for informal, drop-in visits and conversations during this time in the 2nd Floor Training Room at Chapel Hill Town Hall. Any and all are welcome to come by during this time to share ideas about the Development Ordinance.
Following tonight’s meeting, the consultant will prepare a first draft of a revised Development Ordinance. This draft will be forwarded to Advisory Boards for comment. A Public Hearing on this draft is scheduled for June 18.
The Town Council has set an objective of adopting a revised Development Ordinance by the end of October, 2001. Tonight’s discussion of this Annotated Outline is a key step in this process, and we look forward to the Council’s guidance.