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File #: [21-0447]    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 1/29/2021 In control: Town Council
On agenda: 5/19/2021 Final action: 5/19/2021
Title: Consider Land Use Management Ordinance (LUMO) Text Amendments - Proposed Changes to Articles 1, 3, 4, 5, 8 and Appendix A to Bring the LUMO into Compliance with North Carolina General Statute 160D; and Consider Amendments to the Town Code - Proposed Changes to Chapters 5, 7, and 9 to Update References in these Chapters to Align with North Carolina General Statute 160D.
Attachments: 1. Staff report and Text Amendment Overview, 2. Draft Staff Presentation, 3. Planning Commission Recommendation, 4. Resolution of Consistency, 5. Ordinance A, 6. Resolution B (Denial Resolution), 7. Ordinance B - Proposed Town Code Amendments, 8. 160D Petition, 9. Staff Presentation, 10. A RESOLUTION FINDING THAT THE PROPOSED AMENDMENTS TO ARTICLES 1, 3, 4, 5, 8 AND APPENDIX A OF THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE TO INCORPORATE REVISIONS REQUIRED BY THE ENACTMENT OF NCGS 160D ARE CONSISTENT WITH THE COMPREHENSIVE PLAN (2021-05, 11. AN ORDINANCE AMENDING ARTICLES 1, 3, 4, 5, 8 and Appendix A OF THE LAND USE MANAGEMENT ORDINANCE TO COMPLY WITH NORTH CAROLINA STATE STATUTE 160D (2021-05-19/O-1), 12. AN ORDINANCE AMENDING THE TOWN CODE OF ORDINANCES PERTAINING TO CHANGING 160A STATE STATUE REFERENCES TO 160D (2021-05-19/O-2)
Related files: [21-0221], [21-0339], [21-0564], [21-0762], [21-0761]


title
Consider Land Use Management Ordinance (LUMO) Text Amendments - Proposed Changes to Articles 1, 3, 4, 5, 8 and Appendix A to Bring the LUMO into Compliance with North Carolina General Statute 160D; and Consider Amendments to the Town Code - Proposed Changes to Chapters 5, 7, and 9 to Update References in these Chapters to Align with North Carolina General Statute 160D.
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Staff:
Department:
Alisa Duffey Rogers, LUMO Project Manager
Town Manager's Office
Corey Liles, Principal Planner
Planning
Gene Poveromo, Zoning/Code Enforcement Coordinator
Building & Development Services

Overview: Chapter 160D of NC General Statutes was established under Session Law 2019-111, which was signed into law on July 11, 2019. Before July 1, 2021, it is necessary for the Town to update the Land Use Management Ordinance (LUMO) to continue planning and zoning functions in compliance with State law.


Recommendation(s):

For the LUMO text amendments, that the Council adopt the Resolution of Consistency and enact Ordinance A.

For the Town Code amendments, enact Ordinance B.

Decision Points:
* Staff recommends delaying action on the petition submitted during the 160D public hearing to allow for a more complete evaluation of the request and for review by the Planning Commission.

Key Issues:
* Part I of Session Law 2019-111 is already in effect and impacts how the Town conducts development review procedures.
* As a vehicle for modernizing North Carolina's land use laws, Part II requires the Town to update the LUMO to comply with this newly enacted State Statute.
* At previous Work Sessions, Council provided input on eliminating Conditional Use District Zoning, determining which approvals had Vested Rights, and how to utilize advisory board/commissions when considering Special Use Permits. Staff incorporated all input received from these Work Sessions into the proposed LUMO text amendments.

Fiscal Impact/Resources: Codifying these text amendments will require funding f...

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