Title
Legislative Public Hearing on Land Use Ordinance Text Amendments Relating to Advisory Board and Commission Consolidation and Attendance, and Associated Town Code Amendments.
PURPOSE: To request that the Town Council consider amendments to the Land Use Ordinance to consolidate certain advisory boards and commissions, and to revise language associated with attendance policies and procedures. A draft ordinance to amend the Land Use Ordinance has been prepared; the Town Council must receive public comment before taking action on a legislative matter. A draft Town Code amendment has also been provided for the Council’s consideration.
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Department
DEPARTMENT: Planning
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Contact
CONTACT INFORMATION: Chrstina Moon, Planning & Transportation Administrator, 919-918-7325, cmoon@carrboronc.gov; Patricia McGuire, Planning Director, 919-918-7327, pmcguire@carrboronc.gov.
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Council Direction
COUNCIL DIRECTION:
___ Race/Equity ____ Climate ____ Comprehensive Plan __X__Other
Council Direction Statement
Legislative public hearings are a necessary step for text amendments in accordance with North Carolina state statutes and Town Regulations. The Council is required to adopt a statement of consistency as part of its decision. Racial Equity Pocket Questions are provided as (Attachment F).
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Information
INFORMATION: Since March 2023, the Town Council has been examining the provisions relating to advisory boards and commissions, considering first, modifications to the attendance policy and process for removing members with poor attendance and, more recently, opportunities to consolidate boards/commissions with similar charges. (A timeline of Council agendas on these matters is provided below.) Codifying these changes require amendments to the Town Code in Chapter 15 (Land Use Ordinance) and Chapter 3 (Administration). The amendment process also provides an opportunity to relocate most of the advisory boards associated with planning and regulation of development from Chapter 3, Article V, of the Town Code into the Land Use Ordinance.
Two draft ordinances have been prepared. The draft ordinance for the LUO, would, if adopted amend Article III of the Land Use Ordinance to add the duties of the Appearance Commission to the Planning Board and to make the Northern Transition Area Advisory Committee a subcommittee of the Planning Board. The duties associated with Climate Action Team, outlined in Chapter 3 of the Town Code, and the Environmental Advisory Board would be combined into a new Climate and Environmental Advisory Commission. The Transportation Advisory Board and Greenways Commission would also be moved from Chapter 3 of the Town Code to Article III of the LUO and consolidated into a new Transportation, Mobility and Greenways Advisory Commission. An annotated version of Article III of the LUO is provided to assist with the review of these changes (Attachment D). Other minor revisions would be made throughout the LUO to assign the newly named advisory boards and commissions to the review process for amendments and land use permits, where applicable, and to assign the duties associated with the neighborhood preservation districts and historic district provisions previously assigned to the Appearance Commission to the Planning Board. In addition, the membership and attendance policy for all boards and commissions would be updated for consistency; this would involve amendments to the Article III of the Land Use Ordinance and Chapter 3 of the Town Code
Timeline of Town Council Agendas relating to advisory boards and commissions:
• March 14, 2023 - Town Council Work Session (Agenda <https://carrboro.legistar.com/View.ashx?M=A&ID=1083198&GUID=56800928-7272-4D0C-B682-8DDEA25B73F5>)
Town Council discussed a variety of considerations for advisory boards and commissions and directed staff to review other jurisdictions’ policies, procedures, and organization of boards.
• April 25, 2023 - Town Council Meeting (Agenda <https://carrboro.legistar.com/View.ashx?M=A&ID=1088365&GUID=517CA0BA-4D88-4AB8-A975-75CEF43A7747>)
Town Council set a public hearing for May 23, 2023, to consider the amendments to the Land Use Ordinance associated with advisory board and commission attendance.
• May 23, 2023 - Town Council Meeting (Agenda <https://carrboro.legistar.com/View.ashx?M=A&ID=1088373&GUID=64B42A7D-0932-4141-8174-42CB702EC7DC>)
Town Council held a public hearing on Land Use Ordinance Text Amendments related to attendance for boards and commissions and considered parallel changes to the Town Code. Further revisions were referred to staff. No action was taken.
• February 13, 2024 - Town Council Work Session (Agenda <https://carrboro.legistar.com/View.ashx?M=A&ID=1152755&GUID=2594E86C-0B6C-41B4-8513-DCBA753B76D1>)
The Town Council discussed an overview of the demographic composition of the existing advisory boards and commission, as well as staff considerations for restructuring and overall consolidation.
• May 21, 2024 - Town Council Meeting (Agenda <https://carrboro.legistar.com/View.ashx?M=A&ID=1157053&GUID=9F8B07FC-7E26-45F1-B4BE-EC964D95614B>)
• Town Council set a public hearing for October 11, 2024, to consider the amendments to the Land Use Ordinance associated with advisory board and commission attendance.
• June 18, 2024 - Town Council Meeting (Agenda <https://carrboro.legistar.com/View.ashx?M=A&ID=1157057&GUID=C4AEC761-C4F6-4868-ABD3-6A7E76D0EBCC>)
Town Council approved consolidation and adoption of charges for the Recreation & Parks Commission (merged with Arts Committee) and the Racial Equity Commission (merged with Truth Plaque Task Force).
The Town Council must receive public comment before adopting an amendment to the Land Use Ordinance. The draft ordinance was referred to Orange County and presented at the October 3, 2024, Joint Advisory Board meeting. Comments are provided (Attachment E). It should be noted that all members of advisory boards/commissions that typically participate in the joint review meeting were invited to participate, as individuals, even if their respective board is no longer able to make a quorum due to vacancies.
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Fiscal and Staff Impact
FISCAL IMPACT: Public notice costs and staff time are associated with the review of text amendments for public hearing and advisory board review.
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Recommendation
RECOMMENDATION: Staff recommends that the Town Council receive public input and consider:
1) the resolution for consistency (Attachment A) and draft ordinance amending the Land Use Ordinance (Attachment B); and
2) the Town Code amendment (Attachment C).
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