MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Revised Recommendations for Draft Land Use Management Ordinance

 

DATE:             November 5, 2002

 

 

Last week, on October 28, the Town Council held a Public Hearing on a proposed new Land Use Management Ordinance.  64 citizens spoke, and at the end of the evening the Council agreed to conduct a Work Session to discuss the issues and offer direction to staff and consultant.

 

The purposes of this memorandum are:

 

(1)      To offer substantive suggestions about the draft ordinance, in light of the information that has been provided at public hearings and through correspondence;  and

 

(2)      To offer process and scheduling suggestions.

 

REVISED RECOMMENDATIONS

 

We attach a short document that presents our most recent thinking on the issues that have been presented to the Council.  The document lists the “Decision Points” that have previously been presented to the Council, and offers a recommendation on each.  In some cases, our recommendation has been adjusted from what we presented on October 28, in response to information and suggestions that have been offered.  We also note three additional items at the end of the list that have newly been raised.

 

We note that the cumulative effect of our revised recommendations is to clarify what we believe to be the Council’s intent and the desire of many citizens:  that the new regulations not create new nonconformities or negative impacts for owners of structures and lots that were developed under current or previous regulations. 

 

With these recommendations, it becomes clearer that what would be affected by the changes is the form of new development.  For example, new subdivisions that have not yet been approved by the Council, new office buildings, retail uses, and institutional uses that have not been approved by the time of the effective date of the new regulations, all would be subject to the increased standards regarding the Resource Conservation District, stormwater management, impervious surface limitations, and tree protection regulations.  In addition, a new tool would be created:  Neighborhood Conservation Districts.  Front-yard parking and revised occupancy restrictions would apply townwide. 

 

We suggest that the Council consider the attached recommendations as it discusses these issues during tonight’s Work Session.

 

SCHEDULE OPTIONS

 

Immediately following is a set of four options that suggest alternative schedules.  The first option would allow the possibility of Council action to enact a new Land Use Management Plan on December 9, 2002.  A disadvantage of this approach is the short time frame between receipt of the consultant’s report and Council consideration of a final draft.  The second option extends the time frame for receipt of the consultant’s report by a week.  We believe this is reasonable given that the Council’s direction will not be provided until tonight.  

 

The third option extends the time frame for community and Council consideration of the consultant’s report, allowing a full month between receipt of the report and a Public Forum, and then three weeks between the Forum and possible Council action.  We believe that this third option strikes the best balance between the need to complete this project and the need to allow full consideration of the consultant’s next report.  The fourth option is a variation on the third, the difference being an additional date, beyond tonight, for Council decisions on instructions to the consultant.

 

After review of these considerations, we recommend Option 3, which would set a tentative date for Council action on January 27.

 

SUMMARY

 

The Council has scheduled this Work Session tonight to review public comment on the proposed new Land Use Management Ordinance, and to consider next steps.  We offer the attached schedule of procedural options (immediately following), and the attached summary of the Manager’s Revised Recommendations on substantive issues related to the proposed new Land Use Management Ordinance.   We look forward to the Council’s discussion and direction.

 

ATTACHMENTS

 

1. Schedule Options (p. 3).
2. Town Manager’s Revised Recommendations (p. 4).

 

ATTACHMENT 1

 

Schedule Options

 

 

 

            All dates are Mondays, except November 13, 2002 (in option 4).