LDO Amendments

LDO Amendments - Round

STAFF REPORT

Planning and Zoning Board, December 21, 2009

LDO Amendments – Round 13, Items 13A through 13K, (Excluding 13F) (PL10-006b)
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 a series of amendments to the Land Development Ordinance in response to concerns identified by the Town Council, Planning and Zoning Board, staff and citizens. The proposed amendments were presented for public hearing on October 22, 2009 and were discussed at the Planning and Zoning Board work session on November 9, 2009. A summary of the proposed amendments is provided below, with a link to the proposed text change and associated background information.

Tentative Schedule for Round 13 LDO Amendments:

Planning and Development Committee	August 20, 2009
Advertisements in The Cary News	October 7, 2009 October 14, 2009
Public Hearing	October 22, 2009
Planning and Zoning Board Worksession	November 9, 2009
Planning and Zoning Board Meeting	December 21, 2009
Final Action by Town Council	January 14 or 28, 2010*
Effective	Upon Adoption

*Italicized dates are tentative.

Item #
13A	Day Care Homes
	Contact: Debra Grannan, Senior Planner
	The proposed amendment would:
	· Reduce the maximum number of children allowed in a small day care home from eight to six;
	· Lower the threshold for requiring a Large Day Care Home Special Use from nine to seven children;
	· Clarify and expand standards for small and large day care homes;
	· Allow for the continued operation of small and large day care homes that comply with current regulations; and
	· Clarify that Day Care Homes are Accessory Uses.
13B	Corrections, Clarification and Consistency
	Contact: Mary Beerman, Senior Planner
	The proposed amendment would revise various sections of the LDO to:
	· Provide consistency with terms used in NC General Statutes and eliminate redundant text pertaining to appeals of administrative decisions;
	· Correct grammatical errors and references, and update certain illustrations;
	· Eliminate inconsistency with NC Building Code requirements; and
	· Clarify that uses prohibited or restricted by the LDO are not eligible to be considered as unlisted uses.
	· Clarify Severability clause
13C	Dimensional Standards – Building Separation
	Contact: Mary Beerman, Senior Planner
	The proposed amendment would:
	· Clarify that a building separation of six feet must be maintained, or firewalls provided, in zoning districts that allow building setbacks less than three feet; and
	· Revise the format of Section 6.1.2 for clarification and to eliminate redundant text.
13D	Parking
	Contact: Mary Beerman, Senior Planner
	The proposed amendment would:
	· Place restrictions on parking in the front yard of residential lots; and
	· Amend parking regulations for certain uses in the Town Center
13E	Miscellaneous Administrative and Procedural Changes
	Contacts: Wayne Nicholas, Planning Manager; Tim Bailey, Engineering Director; Mary Beerman, Senior Planner
	The proposed amendment would:
	· Clarify provisions related to modification of standards for certain non-residential uses allowed in residential zoning districts;
	· Clarify responsibilities related to enforcement and appeals of the LDO;
	· Add provisions relating to Developer Agreements;
	· Modify timing for installation of sidewalk improvements; and
	· Clarify setback requirements in Planned Development Districts.
13F	Signs (NOTE: This Item is not being presented at this time. Portions of the proposed amendment will instead be addressed by the Sign Ordinance Evaluation Task Force. Sign-related text amendments that are of a time-sensitive nature may be presented at the January P&Z meeting.
	Contact: Mary Beerman, Senior Planner
	The proposed amendment would:
	· Revise existing requirements that apply to “open house” signs; and
	· Increase the allowable square footage for residential signs.
13G	Sexually Oriented Businesses
	Contact: Mary Beerman, Senior Planner
	The proposed amendment would update requirements pertaining to adult uses consistent with the NC General Statutes.
13H	Stormwater Management
	Contact: Tom Horstman, Stormwater Engineering Manager
	The proposed amendment would provide consistency with requirements of the NC Division of Water Quality pertaining to: TSS (Total Suspended Solids) removal, urban transition buffers, NPDES Phase II post-construction stormwater controls, and the definition of impervious surface.
13I	Maintenance of Buffers
	Contact: Mary Beerman, Senior Planner
	The proposed amendment would revise provisions related to buffer maintenance responsibilities, replacement of damaged vegetation and associated fines
13J	Town Center LDR NOTE – This amendment is being presented concurrently with 09-REZ-12 as Item E1(a) on this agenda
	Contact: Phil Smith, Planning Manager; Debra Grannan, Senior Planner
	The proposed amendment would create a new Low-Density Residential sub-district applicable to the Town Center District
13K	Miscellaneous Use-Related
	Contact: Mary Beerman, Senior Planner
	The proposed amendment would:
	· Provide definitions of motor vehicle and moped consistent with NCDMV; and
	· Modify approval procedures applicable to colleges and trade schools

Fiscal Impact: Implementation of most of the recommendations should be absorbed by existing staff. Implementation of an amendment related to parking on residential lots could potentially have the greatest impact on staff time. The extent of the fiscal impact will not be known until specific ordinance requirements are implemented.

Staff Recommendation: Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the Town Council for LDO Round 13, items 13A through 13K (excluding 13F).