AGENDA #4d
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Delay in Planning Board Recommendations on Pending Development Applications
DATE: December 9, 2002
The attached resolution would authorize the Planning Board additional time to make recommendations on two pending development applications. The action proposed is allowed under the provisions of the Development Ordinance.
BACKGROUND
On November 25, 2002, the Council received a petition from Scott Radway and Sally Greene, the Chair and Vice-Chair of the Planning Board, requesting that the Council adopt a resolution directing that the Planning Board defer taking action on all major subdivisions and special use permits until after the Council adopts the new Land Use Management Ordinance and establishes an effective date for its implementation. A copy of their letter and draft resolution are attached. The petition was referred to the Attorney.
DISCUSSION
We understand that there are two pending development proposals that are in the process of being considered by the Planning Board, but that may not be acted upon by the Town Council until after the enactment of the new Land Use Development Ordinance. The attached resolution would authorize the Planning Board to take additional time to make its recommendation on these two pending applications, Creekside Subdivision and Rusch Road Special Use Permit.
MANAGER’S RECOMMENDATION
That the Council adopt the attached resolution authorizing the Planning Board to take until January 21, 2003, to submit its written recommendation to the Council.
ATTACHMENT
A RESOLUTION AUTHORIZING AN EXTENSION OF TIME FOR THE PLANNING BOARD TO MAKE RECOMMENDATIONS ON A MAJOR SUBDIVISION APPLICATION AND A SPECIAL USE PERMIT APPLICATION UNTIL JANUARY 21, 2003 (2002-12-09/R-5)
WHEREAS, the Chapel Hill Town Council is scheduled to enact new zoning and subdivision regulations, the Land Use Management Ordinance (LUMO), on or about January 6, 2003; and
WHEREAS, the LUMO may establish new standards applicable to a special use permit application and a subdivision application that are now scheduled for consideration by the Planning Board prior to possible enactment of the LUMO; and
WHEREAS, unless the applicants provide written consent, both the current Development Ordinance and the proposed Land Use Management Ordinance require that the Planning Board make its recommendations on special use permit applications and major subdivision applications within 35 days of the meeting at which the Town Manager’s reports have been submitted to the Board or such further time as authorized by Council resolution; and
WHEREAS, this time limit would therefore likely result in the Planning Board being required to submit its recommendations on these two pending applications based on standards that will not be in effect at the time the applications are considered by the Town Council; and
WHEREAS, the Town Council finds that 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 same development regulations that the applications will be subject to when considered by the Town Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Planning Board is authorized to delay making its written recommendation to the Town Council on the Creekside Subdivision and Rusch Road Special Use Permit applications until January 21, 2003.
This the 9th day of December, 2002.