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The Planning, Zoning & Development Review process: Making Sense Of it all (In 5 Easy steps!)

The Planning, Zoning & Development Review process: Making Sense Of it all (In 5 Easy steps!). Cary Council/Staff Retreat, January 18, 2013. introduction. Agenda/Purpose: 10 Minutes. Just A Little Of What We’ve Heard…. “Citizens Don’t Understand The Process.”

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The Planning, Zoning & Development Review process: Making Sense Of it all (In 5 Easy steps!)

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  1. The Planning, Zoning & Development Review process:Making Sense Of it all(In 5 Easy steps!) Cary Council/Staff Retreat, January 18, 2013

  2. introduction Agenda/Purpose: 10 Minutes

  3. Just A Little Of What We’ve Heard… • “Citizens Don’t Understand The Process.” • “Why Are Some Rezoning Cases Handled One Way And Others Handled Differently?” • “Why Can’t We Impose A Zoning Condition That Says ‘X’?” • “Who Cares About The Plan Amendment? I Just Want To Talk About The Rezoning.” • “Can’t Council Just Grant A Variance?”

  4. Just A Little Of What We’ve Heard… • “Things Are Too Complicated/Confusing.” • “I Don’t Want To Wait For The Site Plan. Why Can’t We Deal With X During A Rezoning?” • “Where’d That Use Come From?” • “Will Council Get To Review The Subdivision Or Site Plan Later?” • Your Process Is Frustrating & It Takes Too Long.”

  5. A Few Reasons Why We Hear This… • System Is Additive & Often Incremental; Has Been Created Over The Course Of Decades • Different Situations Require Different Paths That Can Be Followed • Flexibility vs. Predictability

  6. A Few Reasons Why We Hear This… • Legal Requirements • Area Of Town (e.g., Town Center, Activity Centers) Being Regulated • Cary’s Provisions Include Some Very Sophisticated Concepts: • Planned Development Districts • Mixed Use Development • Conservation Subdivisions • Performance-Based Landscaping Buffers • Variable Height Limits

  7. Agenda/Purpose Of This Session • Establish Council’s Goals/Expectations For These Processes • Review The Purpose & The Major Steps In Each Process, Including Legal Considerations • Assess Each Process Against Goals • Evaluate Results Achieved In The Built Environment • Refine/Verify Process Goals • Identify Potential Future Changes to Processes

  8. Some Ground Rules For This Session • Covers The Three Main Development Processes • NOT Intended To Address Specific Rules, Regulations, Requirements  We Will “Park” Those Ideas For Future Exploration • Use Virtual Interactive Planner (VIP) To Share Process Information Already Available To The Public On Website

  9. Step 1: Council Goals ForDevelopment Processes Brainstorm Discussion: 30 minutes

  10. Preliminary Results: Council Goals • ? • ? • ? • ? • ?

  11. STEP 2: Process Review Comprehensive Plan Amendments (CPA’s): 15 Minutes

  12. CPA Process Intro • Core Question To Be Answered: Does This Use Make Sense For The Long-term Future Of Cary? • Discretionary • Legislative • Amendments Initiated By: • Director Of Any Town Department • Town Council Or The Planning And Zoning Board On Their Own Motion, Or Upon The Request Of The Property Owner • Public Hearings By Town Council & P&Z Board

  13. CPA Process Intro • Review Standards: • A Change In Projections Or Assumptions On Which The Comprehensive Plan Is Based; • Identification Of New Issues, Needs, Or Opportunities Not Adequately Addressed In The Comprehensive Plan; • A Change In The Policies, Objectives, Principles, Or Standards Governing The Physical Development Of The Town Or Any Other Geographic Areas Addressed By The Comprehensive Plan; Or • Identification Of Errors Or Omissions In The Comprehensive Plan.

  14. “Typical” Plan Amendment Case

  15. CPA “Fast Facts” • 29 Total Plan Amendment Cases During Last Three Years (2010-2012) • 24 Approved; 4 Cases Withdrawn; One Still in Review • Average Review Time of 178 Days from Application Submission To Action By Town Council • Longest = 455 Days (Cooke-Futrell property) • Shortest = Historic Preservation Master Plan (87 Days)

  16. CPA Process Evaluation & Potential Changes

  17. CPA Process Evaluation • OK. Time For Your Review & Discussion. • Suggested Categories: • Application • Hearings • Other?

  18. Ideas For CPA Process Changes • ? • ? • ? • ? • ?

  19. Step 2: Process Review Rezonings: 30 Minutes

  20. Rezoning Process Intro • Core Question To Be Answered: Does The Proposed Zoning Conform To The Town’s Plans For The Future And Is The Proposed Use Suitable Or Appropriate For The Location? • Legislative • Discretionary • Decisions Guided By Comprehensive Plan, Statutes, And Case Law • Public Hearings Required

  21. “Typical” Cary Rezoning

  22. “MXD” Rezoning in Cary

  23. Rezoning “Fast Facts” • 64 Total Rezoning Cases During Last Three Years (2010-2012) • One Case “Denied” • Eight Cases “Withdrawn” • 14 Cases Still “In Review” • Average Time From Application Submission To Town Council Action = 168 Days • Median Time = 150 Days • Longest Time = 334 Days • Shortest Time = 91 Days (two cases)

  24. Timeframe Comparison (“Big 14”)

  25. Hearing Sequence Comparison (“Big 14” Jurisdictions) • 10/14: Planning Board Or Commission Hearing 1st • 1/14: Joint Council/Planning Board Hearing As 1st Step (Charlotte) (Note: Prior Process In Cary Under UDO) • 1/14 (Concord) Has Special Legislation Allowing P&Z Board To Render Final Decision If Vote = “Supermajority;” Otherwise, Continues To Council

  26. Other Comparisons

  27. Other Comparisons

  28. Managing A Rezoning Case These Days • 1 TC Public Hearing, 3 P&Z Public Hearings, And 2 TC Meetings • 8 Sets Of Letters For Property Owners And 400-foot Property Owners • 8 Trips To Property To Place And Remove Public Hearing Signs • 4 Ads In Cary News • 6 Staff Reports (Multiple Staff Involved In Writing, Review, And Placing Ad On Web) • 6 PowerPoint Presentations Prepared • 3 Sets Of P&Z Minutes Prepared By Planning Staff  • Multiple Calls And Meetings With Applicant Regarding Meetings With Neighbors And Changing Conditions • 15 Email Exchanges Representing Multiple Questions From One Adjacent Resident • 2 Emails Exchanges And Questions From P&Z Board Members • Calls Or Email Exchanges With At Least 3 Other Residents • 4 Meetings With Neighbors Or Applicant And Council Members

  29. Rezoning Process Assessment & Potential Changes

  30. Rezoning Process Assessment • Alright. Time For Review & Discussion. • Suggested Categories: • Application • Notices • Public Hearings • P&Z Board • Town Council • Other?

  31. Ideas For Rezoning Process Changes • ? • ? • ? • ? • ?

  32. Electronic Plans Step 2: Process Review Development Plan Review

  33. Development Plan Process Intro • Core Question To Be Answered: Does This Submittal Meet The Town’s Predetermined Rules And Regulations For Development? • Administrative, Ministerial (For The Most Part) • Decisions Guided By Land Development Ordinance, Other Local Laws, Procedures, And Requirements • Obligation To Approve If Requirements Are Met

  34. “Typical” Development Plan Process

  35. Development Plan “Fast Facts” • 2010 to 2012 Activity: • Site & Subdivision Plans = 258 • Final Subdivision Plats = 628 • “Minor Alteration” Plans = 615 • Average Review Time: • Site & Subdivision Plans = X Days • “Minor Alteration” Plans = Y Days

  36. Development Plan Process Assessment • One More Time. Review & Discussion. • Suggested Categories: • Notices • Schedule/Timing • Changes/Flexibility • Other?

  37. Ideas For Development Plan Process Changes • ? • ? • ? • ? • ?

  38. Step 3: Results on the ground Achieving Expected Outcomes: 45 Minutes

  39. Nature Of Comments • Land Uses • Site Design/Layout • Building & Landscaping (Design/Aesthetics)

  40. Case Study: Sears Farm/Searstone • Sears Farm PUD (Rezoning 01-REZ-21/LPA-17) • Approved By TC On 4/8/02 • 30+ Zoning Conditions & PUD Document

  41. Case Study: Sears Farm/Searstone • Sears Farm PUD Amendment (Rezoning 05-REZ-40) • Approved By TC On 5/11/06

  42. Case Study: Sears Farm/Searstone • Sears Farm PDD Amendment (Rezoning 06-REZ-31) • Approved By TC On 7/26/07

  43. Case Study: Sears Farm/Searstone

  44. Case Study: Sears Farm/Searstone • Sears Farm PDD Modification • Administrative Change To Sketch • Sent To Town Council For Prior To Action (No Comments Received) • Approved 9/21/09

  45. Case Study: Sears Farm/Searstone

  46. Case Study: Sears Farm/Searstone • Searstone Site Plan

  47. Ideas For Achieving Desired Results “On The Ground” • ? • ? • ? • ? • ?

  48. Step 4: final Council Goals & Potential Development Process changes Revisited & Refined: 45 Minutes

  49. Potential Planning, Zoning & Development Review Process Changes

  50. Step 5: Wrap Up Summary: 5 Minutes

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