TITLE: Title
Public hearing on Land Use Ordinance Amendments Relating to the Environmental Advisory Board
PURPOSE: The purpose of this agenda item is for the Board of Aldermen to consider amending the Land Use Ordinance relating to the Environmental Advisory Board's charge and duties to ensure consistency within the review process. The Board must receive public comments before taking action on the draft ordinance
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DEPARTMENT: Planning
CONTACT INFORMATION: Christina Moon 919-918-7325; Patricia McGuire 919-918-7327; Randall Dodd 919-918-7326
INFORMATION: During a recent discussion of the Land Use Ordinance (LUO) provisions pertaining to advisory boards, planning staff noticed what appears to be an inconsistency with the duties assigned to the Environmental Advisory Board (EAB). Article III, of the LUO, Administration Mechanisms, outlines the procedures for appointing, holding meetings, quorums and voting, and duties for the Planning Board, committees and other advisory boards. While the duties associated with the Planning Board are defined by statute, the Town has latitude in its establishment of additional boards designed to advise the Board of Aldermen in areas that benefit from specific expertise, such as the EAB. Ordinance provisions relating to the EAB are provided in Section 15-45.
Town advisory boards typically participate at key points during the development process, such as concept plan review (Section 15-48.1(c)), site planning procedures for major subdivision walkabouts (Section 15-50(c)), and recommendations on conditional use permits (Section 15-57(a)), and some special use permits (Section 15-56(c)). The EAB is listed as one of the advisory boards to participate in concept plan review, but not as one of the advisory boards to participate in the site plan analysis walkabouts, or contribute to CUP/SUP recommendations. Section 15-322 of the LUO, Planning Board and Other Advisory Consideration of Proposed Amendments, leaves the decision to refer text and zoning map amendments to advisory boards to the Board's discretion. By practice, the Board typically refers amendments to the advisory boards whose purview, or area of expertise, most closely aligns with the matter in question.
Section 15-321(c )(1) of the LUO provides for staff to proceed with the preparation of an ordinance that makes a requested change to the LUO if it believes the change to have significant merit and would benefit the general public. A draft ordinance has been prepared that clarifies the EAB's role in the development process and consideration of amendments, and also strengthens the language relating to its charge to fulfill the Town's requirements under its NPDES Phase II stormwater permit for citizens' oversight of stormwater management activities.
The draft ordinance was presented to the Planning Board and Environmental Advisory Board on February 6, 2014; the ordinance was also referred to Orange County. Comments are provided (Attachment D).
FISCAL & STAFF IMPACT: Public hearings involve staff and public notice costs associated with advisory board and Board of Aldermen review.
RECOMMENDATION:r Staff recommends that the Board of Aldermen consider the resolution finding consistency, and the draft ordinance provided in the attachments.