Item 13-E Miscellaneous Administrative and Procedural Changes (TC)
LAND DEVELOPMENT ORDINANCE - TEXT AMENDMENTS – Round 13
Item # 13E MISCELLANEOUS ADMINISTRATIVE AND PROCEDURAL CHANGES
Town Council Meeting – January 14, 2010
PROCESS AND ACTIONS TO DATE
Town Council Public Hearing
The Town Council public hearing was held on October 22, 2009. There were no comments or discussion on this item at the public hearing.
Planning and Zoning Board Work Session
There was some discussion regarding Item 13E-4 – Timing of Sidewalk Improvements. Mr. Baulch questioned why sidewalks would be damaged during construction since equipment should be entering the property through curb cuts. There was also discussion concerning Item 13E-5 Setbacks in PDD. Staff noted Lochmere as an example of where this amendment could be applicable because setbacks were not specified on recorded plats or PDD documents.
Changes Since Planning and Zoning Board Work Session
None
Staff Recommendation
Staff recommends approval of the proposed amendment.
Planning and Zoning Board Meeting and Recommendation
On December 21, 2009, the Planning and Zoning Board recommended approval of the proposed amendments by a vote of 7-0.
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ITEM 13E-1 USE-SPECIFIC STANDARDS |
Background Section 5.2, Use Specific Standards, provides standards applicable to specific uses in four categories (Residential, Public/Institutional, Commercial and Industrial)
Daycare Centers, Schools, and Religious & Other Assembly Uses are included in the Public/Institutional Uses category. These uses provide residential support services and represent some of the few non-residential uses that may be allowed in residential districts. The use-specific standards applicable to these three uses prohibit the granting of a reduction or modification of LDO development standards if the property is in a residential zoning district.
The proposed amendment clarifies the types of modifications and reductions to standards that are not permitted for these specific uses when located in residential districts.
Modification of standards or requirements of other Chapters of this Ordinance could be requested in the same manner that would be allowed if the property was in a non-residential zoning district.
Existing Text
5.2.2 Use-Specific Standards - Public/Institutional Uses
(B) Day Care
(1)(d) Stand-Alone Day Care Centers - If a new center is proposed for property in a residential district, then all the development standards of this ordinance shall be met, and minor modifications or other reductions to the standards shall not be granted,
(C) Schools
(1)(c) New schools shall meet all the development standards of this Ordinance, and minor modifications or other reductions to the standards shall not be granted.
(E) Religious and Other Assembly Use
(3) Such uses shall meet all the development standards of this ordinance, and minor modifications or other reductions to the standards shall not be granted. Existing religious or other assembly uses shall meet this requirement to the maximum extent practicable.
Proposed Principles of Interpretation (to be inserted at the end of Section 5.2.2)
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PRINCIPLES OF INTERPRETATION For the use-specific standards included in Sections 5.2.2(B), (C) and (E), the intent of prohibiting minor modifications or other reductions to development standards is to maximize the compatibility of such proposed uses with surrounding uses when located in residential areas. Reductions or modifications to development standards such as, but not limited to, buffers, landscaping, setbacks, parking, and building height (i.e. standards included in Chapter 6 – Dimensional Standards and Measurements, and Chapter 7 – Development and Design Standards of this Ordinance) would be inconsistent with the intent of creating and operating uses on sites that are compatible, to the extent practical, with their surroundings. |
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ITEM 13E-2 RESPONSIBILITY FOR ENFORCEMENT AND APPEALS |
Background Currently, appeals of zoning enforcement decisions and civil citations that may result from uncorrected violations, are made to the Town Manager or designee. In practice, the Planning Director has functioned as the designee in appeals of zoning decisions to avoid use of the Manager’s time in addressing routine enforcement interpretations and decisions. The proposed amendment would streamline this process by sending appeals directly to the Zoning Board of Adjustment. Appeals of civil penalty amounts would continue to be made first to the Town Manager
Proposed Text
11.2 RESPONSIBILITY FOR ENFORCEMENT AND APPEALS
11.2.1 Primary Responsibility
Except as otherwise provided, the Planning Director shall have primary responsibility for enforcing the provisions of this Ordinance.
11.2.2 General Appeals of Enforcement Decisions
All questions arising in connection with the enforcement of this Ordinance shall be presented first to the Town Manager or designee, and may be presented to the Zoning Board of Adjustment only on appeal from the decision of the Town Manager as appropriate. An appeal to the Town Manager shall be made by filing with the Manager an appeal specifying with particularity the matter or question appealed and the grounds for the appeal. Such appeal must be filed within thirty (30) days of the enforcement action or decision appealed. Appeal from or review of any enforcement decision made pursuant to this Ordinance of the Town Manager shall be made to the Zoning Board of Adjustment within thirty (30) calendar days from the date of hand delivery of the Manager's decision or postmark if such decision is mailed. The appeal shall state with particularity the matter or question appealed and the grounds for the appeal. From the decision of the Zoning Board of Adjustment, recourse may be had to the courts as provided by law.
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13E-3 DEVELOPER REIMBURSEMENT AGREEMENTS |
Background The following new section pertaining to developer reimbursement agreements is proposed to ensure continued compliance with G.S. 160A-309, 160A-320, and 160A-499.
Proposed Text
3.24 Reimbursement Agreements
3.24.1 Authority
This ordinance sets forth the authority for and procedures and terms under which the town manager may negotiate and approve reimbursement agreements and intersection and roadway improvement agreements. Additional authority for such agreements and fee credits may exist elsewhere, and this is meant to be supplementary to such authority. This ordinance is authorized by Charter Sec 8.10, G.S. 160A- 309, 160A-320 and G.S. 160A-499. Town approval authority for agreements under this section shall be governed by general town contracting authorizations and delegations.
3.24.2 Municipal Infrastructure Reimbursement Agreements
The town manager may approve municipal infrastructure reimbursement agreements with private developers and property owners for the design and construction of municipal infrastructure that is included on the Town’s capital improvement plan and serves the developer or property owner. For the purpose of this ordinance, municipal infrastructure includes, without limitation, water mains, sanitary sewer lines, lift stations, stormwater lines, streets, curb and gutter, sidewalks, traffic control devices, and other associated facilities. The town manager, or designee, is authorized to negotiate municipal infrastructure reimbursement agreements with private developers and property owners in accordance with this ordinance and applicable policies and procedures. In negotiating such agreements, the town manager, or designee, shall determine that the private developer or property owner shall comply with the requirements of GS 143-129 and GS 143-128.2 relating to public advertising and bid opening requirements which would be applicable if the construction contract had been awarded by the town. Reimbursements may be paid from any lawful source. [Authority 8.10 and 160A-499]
3.24.3 Public Enterprise Reimbursement Agreements
The Town manager may approve public enterprise reimbursement agreements with a developer or property owner or a private party under contract with such developer or property owner, for the design and construction of public enterprise improvements that are in addition to those required by the town’s land development regulations and are adjacent or ancillary to a private land development project. The Town manager, or designee, is authorized to negotiate public enterprise reimbursement agreements with a developer or property owner in accordance with this ordinance and applicable policies and procedures. In negotiating such agreements, the town manager, or designee, shall determine that (a) the public cost will not exceed the estimated cost of providing for such improvements through either eligible force account qualified labor or through a public contract let pursuant to Article 8 of Chapter 143 and (b) the coordination of separately constructed improvements would be impracticable. Such intersection and roadway improvement agreements shall not be subject to Article 8 of Chapter 143 if the public cost will not exceed two hundred fifty thousand dollars ($250,000) [Such improvements may be constructed on property owned by the developer or property owner or by the town. ] [Authority 160A-320]
3.24.4 Intersection and Roadway Improvement Agreements
The Town manager may approve intersection and roadway improvement agreements with a developer or property owner, or with a private party who is under contract with the developer or property owner, for public intersection or roadway improvements that are adjacent or ancillary to a private land development project. The Town manager, or designee, is authorized to negotiate intersection and roadway improvement agreements with a developer or property owner (or private party under contract with the developer or property owner) in accordance with this ordinance and applicable policies and procedures. In negotiating such agreements, the town manager, or designee, shall determine that (a) the public cost will not exceed the estimated cost of providing for such improvements through either eligible force account qualified labor or through a public contract let pursuant to Article 8 of Chapter 143 and (b) the coordination of separately constructed public intersection or roadway improvements would be impracticable. Such intersection and roadway improvement agreements shall not be subject to Article 8 of Chapter 143 if the public cost will not exceed two hundred fifty thousand dollars ($250,000) [Authority 160A-309]
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13E-4 TIMING OF SIDEWALK IMPROVEMENTS |
Background At the request of the development community, Town Council requested Staff to consider options for delaying sidewalk construction. Primary concerns are damaged sidewalk during development and concrete is removed ending up in the landfill creating an environmental concern. Concerns have also been expressed about unnecessary development costs. Currently, the ordinance requires sidewalk prior to plat recordation. Staff is proposing a solution that we believe will work well by balancing citizens’ expectations for sidewalks, developers’ expectations to have reasonable costs and the current LDO process requirements. The new proposal requires sidewalks to be installed prior to 75 percent of the lots developed within the subdivision before receiving building permits and certificates of occupancy. Financial guarantees for the value of sidewalks will be required prior to plat recordation. A standard already exist which holds permits and certificates of occupancy if the utility improvements are under the one year warranty period. Since this coincides with an existing check point in the process, no staff impacts will occur with this change
Proposed Text
8.1 SUBDIVISION AND SITE PLAN GENERAL PROVISIONS
8.1.4 Improvements
(D) Sidewalks
Sidewalks shall be installed along streets prior to final plat approval issuance of seventy-five (75) percent of the total number of Certificates of Occupancy within the new development boundary as identified on the associated site/subdivision plan in accordance with Section 7.10, Connectivity, and the requirements set forth in the Town's Standard Specifications and Details Manual. However, sidewalks shall not be required along residential streets where a pedestrian system internal to the block, serves, connects, and provides access to each lot along the street.
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13E-5 SETBACKS IN PLANNED DEVELOPMENT DISTRICTS |
Background Building setbacks and certain other dimensional requirements in Planned Development District are established with approval of the Planned Development and may be reflected on subdivision/site plans, final plats, or master plans. Section 6.3.1(3) gives the homeowners association authority to approve new construction if there are no documents that otherwise establish setbacks. The proposed amendment would apply the setbacks of the PDD equivalent zoning district in the event that setbacks have not otherwise been clearly established. The PDD equivalent zoning district is the general use zoning district hat most closely corresponds to the approved use and density of the developing parcel,
Proposed Text
CHAPTER 6: DIMENSIONAL STANDARDS AND MEASUREMENTS
6.3 SETBACK MEASUREMENTS AND REQUIREMENTS
6.3.1 Definition/Measurement
(H) Guidelines for Determining Residential Setbacks Within Planned Developments
(1) Setbacks Shown on the Subdivision/Site Plan Only
If setbacks are shown on the subdivision or site plan only, then such setbacks shall control
(2) Setbacks Shown on the Recorded Plat or the Master Plan for the Planned Development
If setbacks are shown on the master plan for the planned development, then such setbacks shall control. However, if a plat was approved and recorded with larger setbacks than what the master plan would allow, an applicant must utilize the setbacks in the approved plat.
(3) No Setbacks Shown Anywhere
If no setbacks are shown on any documents, then the homeowners' association shall be required to approve any new construction. HOA approval will be deemed final. In cases where a reduction in setbacks is desired, a variance must be granted by the Zoning Board of Adjustment (see Section 3.20) after approval from the homeowners' association (HOA) for the reductions to setbacks. setbacks for a structure or portion of a structure receiving building permit approval after [effective date of ordinance] shall be those applicable to the general zoning district to which the approved use and density of a particular property most closely conform. A structure or portion of a structure that received building permit approval prior to [effective date of ordinance] shall be deemed conforming with regard to building setbacks if documentation is provided demonstrating that the initial construction was approved by the homeowner’s association.
