ATTACHMENT 1

 

AGENDA #3b(2)

 

 

December 11, 2002

 

 

Mayor Foy and Chapel Hill Council Members

Town of Chapel Hill

306 North Columbia Street

Chapel Hill, NC 27516

 

RE:    Timing of Planning Board Review and Recommendations to Council

For Subdivisions and Special Use Permits

 

Dear Mayor and Council:

 

At the November 19^th meeting of the Planning Board we discussed the process and substance issues affecting development applications that will be reviewed by the Planning Board prior to the January 6, 2002 Council meeting.

 

Assuming that the Council adopts the LUMO at that meeting and establishes an effective date for implementation as some time in January 2003, several development applications could be subject to the LUMO standards when the Council holds it public hearings, but would have been reviewed by the Planning Board and other advisory boards under the current ordinance.

 

A number of board members felt that such an arrangement was not fair to the applicants, citizens or board members and would provide the Council with recommendations for projects that were changed to meet the new ordinance regulations.

 

For these reasons, Sally Greene (Planning Board Vice-Chair) and I request that you review and adopt the accompanying resolution establishing that the Planning Board may delay making recommendations to you on Major Subdivision and SUP applications until the Council has acted to adopt the LUMO and established an effective date.  This would permit all parties involved in the review process to make comments and recommendations to the Council based upon the LUMO rather than the existing ordinance.

 

We appreciate your attention to this request

 

Sincerely,

Scott Radway

Scott O. Radway

Planning Board Chair

 

 

A RESOLUTION DIRECTING THE PLANNING BOARD TO DEFER MAKING RECOMMENDATIONS OR DECISIONS ON MAJOR SUBDIVISIONS AND SPECIAL USE PERMITS UNTIL AFTER ADOPTION OF THE LUMO (2002-11-25/R-0.1)

 

WHEREAS, for the approval of major subdivision plats the Town’s process, as set forth in § 17.6 of the Development Ordinance, following N.C.G.S. § 160A-373(2), provides that the Council’s decision shall be subsequent to the recommendation of the Planning Board; and

 

WHEREAS, for special use permit applications the Town’s process, as set forth in § 18.4 of the Development Ordinance, also provides that the Council’s decision shall be subsequent to the recommendation of the Planning Board; and

 

WHEREAS, in both cases the Development Ordinance requires that Planning Board action be taken within 35 days of the meeting at which the Town Manager’s report has been submitted to the Board or such further time as directed by Council resolution (¶¶ 17.6.1.5; 18.4.5); and

 

WHEREAS, the Council is working diligently to adopt a successor to the Development Ordinance, the Land Use Management Ordinance (LUMO), on or around January 6, 2003; and

 

WHEREAS, the LUMO is likely to include provisions that differ significantly from the Development Ordinance, resulting in substantive alterations to any major subdivision or special use permit applications that are in process but have not yet been reviewed by the Planning Board; and

 

WHEREAS, it is anticipated that all major subdivision and special use permit applications that the Planning Board will receive from now on will be reviewed by the Council under the LUMO, not the Development Ordinance; and

 

WHEREAS, it is in the best interest of the Town that the Planning Board’s review of major subdivision and special use permit applications be based on the requirements of the LUMO rather than those of the Development Ordinance;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Planning Board is directed to defer taking action on all major subdivision and special use permit applications until after the Council adopts the LUMO and establishes an effective date for its implementation.

 

This the 25^th day of November, 2002.