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10-LDO-03 (PL11-022b)

STAFF REPORT
Town Council Meeting, January 11, 2011

LDO Amendments – 10-LDO-03 (PL11-022b)
Consideration of proposed amendments to the Land Development Ordinance

Speaker: Ms. Mary Beerman

From: Jeffery G. Ulma, AICP, Planning Director
Prepared by: Mary W. Beerman, AICP, Senior Planner
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek, Assistant Town Manager

Executive Summary: Staff has compiled proposed amendments to the Land Development Ordinance in response to concerns identified by the Town Council, Planning and Zoning Board, and staff. A public hearing was conducted on October 28, 2010. A worksession was also conducted with the Planning and Zoning Board on November 8, 2010. The Planning and Zoning Board recommended approval of the proposed amendments by a vote of 9-0 at its meeting on December 20, 2010. Staff recommends approval of the proposed amendments.

Schedule for 10-LDO-03 LDO Amendments:

Planning and Development Committee

August 19, 2010

Advertisements in The Cary News

October 13, 2010
October 20, 2010

Public Hearing

October 28, 2010

Planning and Zoning Board Worksession

November 8, 2010

Planning and Zoning Board Meeting

December 20, 2010

Final Action by Town Council

January 11, 2011

Effective

Upon Adoption

Background: A summary of the proposed amendments is provided below, with a link to each proposed text change and associated background information.

Item A:  Quasi-Judicial Procedures
Amend various sections of the LDO related to procedures for quasi-judicial public hearings; site and subdivision plan review; special use permits; vested rights certificates; minor modifications; temporary use permits; certain parking requirements; transportation development fees; and other approvals. Clarify text regarding appeals. Define "for good cause shown."
Staff Contact: Mary Beerman, Senior Planner

Item B:  Manufactured Homes
Modify terms and definitions consistent with the NC Building Code, and specify building setback, building separation and other requirements within manufactured home parks.
Staff Contact: Mary Beerman, Senior Planner

Item C:  Classifications and Standards – Household Living Use Types
Clarify standards and definitions related to boarding houses and the rental of rooms within single-family dwellings.
Staff Contact: Wayne Nicholas, Planning Manager

Fiscal Impact:  Implementation of the recommended text changes should be absorbed by existing staff. The extent of the fiscal impact will not be known until specific ordinance requirements are implemented.

Staff Recommendation:  Staff recommends approval of the proposed amendments.