File #: 20-244    Name:
Type: Agendas Status: Agenda Ready
File created: 6/9/2020 In control: Board of Aldermen
On agenda: 6/16/2020 Final action:
Title: Public Hearing on Amendments to the Land Use Ordinance and Town Code to Establish a Climate Action and Environmental Sustainability Commission PURPOSE: The purpose of this agenda item is for the Town Council to consider proposed amendments to the Land Use Ordinance that would establish a new Climate Action and Environmental Sustainability Commission, and an associated Town Code amendment. Draft ordinances have been prepared. The consideration of an amendment to the Land Use Ordinance is a legislative decision and the Council must receive public input before reaching a decision.
Attachments: 1. Attachment A - Consistency Resolution-CAESC, 2. Attachment B - Draft Ordinance_05-22-2020, 3. Attachment C - Town Code Amendment_CAESC, 4. Attachment D - Comments_CAESC
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TITLE: Title

Public Hearing on Amendments to the Land Use Ordinance and Town Code to Establish a Climate Action and Environmental Sustainability Commission

PURPOSE:  The purpose of this agenda item is for the Town Council to consider proposed amendments to the Land Use Ordinance that would establish a new Climate Action and Environmental Sustainability Commission, and an associated Town Code amendment.  Draft ordinances have been prepared.  The consideration of an amendment to the Land Use Ordinance is a legislative decision and the Council must receive public input before reaching a decision. 

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DEPARTMENT: Town Manager, Planning

 

CONTACT INFORMATION: David Andrews - 919-918-7315, dandrews@townofcarrboro.org <mailto:dandrews@townofcarrboro.org>; Christina Moon - 919-918-7327, cmoon@townofcarrboro.org <mailto:cmoon@townofcarrboro.org>; Patricia McGuire - 919-918-7325, pmcguire@townofcarrboro.org <mailto:pmcguire@townofcarrboro.org>;

 

INFORMATION: As part of the implementation of the Town’s climate action plans, staff presented the Town Council with possible adjustments to the scope of duties of the Environmental Advisory Board to the Planning Board and Appearance Commission in February of this year and subsequently discussed these options with the three advisory boards at the Joint Review meeting in March and again in April/May. While all of the boards noted the importance of advancing the climate action plans, some members of the Planning Board and Appearance Commission expressed reservations with the proposal to take on certain aspects of environmental review historically addressed by the EAB. 

 

A draft ordinance to the Land Use Ordinance has been prepared that would establish a new Climate Action and Environmental Sustainability Commission (CAESC) (Attachment B).  The ordinance specifies new duties for the new advisory board including advising on the implementation of climate action plans and other environmental matters.  The existing duties relating to development review would remain with the CAESC.  Planning staff would facilitate the discussion of development applications and amendments, when required, allowing the Environmental Sustainability Coordinator to focus on climate action.

 

The existing EAB would sunset. Interested candidates, including current EAB members, would apply for appointment to the new commission.  The nine-member CAESC would ensure sufficient membership to broad expertise in environmental topics relating to climate action and sustainability as well as development review.  A requirement for at least two members to have special expertise relating to climate action such as renewable energy, energy efficiency in building develop and/or construction, use or promotion of alternative modes of transportation/transportation demand management, and/or community engagement, grass-roots organizing relating to climate action or similar environmental initiatives is included. 

 

The Appearance Commission would continue to serve as the Town’s Tree Board under the Tree City USA standards, with some duties shared at times and as appropriate with staff and other advisory boards and commissions.

 

Previous agenda items that relate to the matter may be found at the following links:

June 25, 2020 - <https://carrboro.legistar.com/LegislationDetail.aspx?ID=3993829&GUID=C1E83E6E-75DA-496C-82A1-4EA4E6A283A5&Options=&Search=>; February 4, 2020 - <https://carrboro.legistar.com/LegislationDetail.aspx?ID=4321599&GUID=39F32F62-F173-47A0-8FF5-7DCAB95CABA2&Options=&Search=>; and May 26, 2020 - <https://carrboro.legistar.com/LegislationDetail.aspx?ID=4544091&GUID=66A38C77-EF7D-4424-98AC-D6AC2FB3D262&Options=&Search=>.

 

The Town Council must receive public comments before adopting amendments to the Land Use Ordinance.  The draft ordinance to the Land Use Ordinance was referred to Orange County and presented to the Planning Board, Environmental Advisory Board (EAB) and Appearance Commission on June 4, 2020, and discussed again at the EAB meeting on June 10th.  Comments are provided (Attachment D).  Amendments to the Town Code are not subject to the same requirements for Orange County and advisory board review.  

 

FISCAL & STAFF IMPACT: Public notice costs and staff time are associated with the review of text amendments for public hearings and advisory board review. 

 

RECOMMENDATION:r Staff recommends that the Town Council consider adoption of:

1)                     The resolution of consistency (Attachment A) and draft ordinance to amend the Land Use Ordinance (Attachment B); and

2)                     The draft amendment to the Town Code (Attachment C); no resolution of consistency is needed for a Town Code amendment.