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THE PLANNING, ZONING & DEVELOPMENT PROCESS: MAKING SENSE OF IT ALL
(IN 5 EASY STEPS!)
Cary Council/Staff Retreat, January 18, 2013
INTRODUCTION
Agenda/Purpose: 10 Minutes
Agenda/Purpose Of This Session Verify Council’s Goals/Expectations For The
Town’s Planning, Zoning & Development 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 Process Goals Identify Potential Future Changes to Processes
Some Guidelines For This Session Covers The Three Main Development
Processes NOT Intended To Address Specific Rules,
Regulations, Requirements Will “Park” Those Ideas
Use Virtual Interactive Planner (VIP) Website To Review Processes & Share Process Information Already Available To The Public
?
STEP 1: COUNCIL GOALS FORDEVELOPMENT PROCESSES
Brainstorm Discussion: 30 minutes
Preliminary Results: Council Goals
1. ?2. ?3. ?4. ?5. ?6. ?
STEP 2: PROCESS REVIEWComprehensive Plan Amendments (CPA’s): 15 Minutes
“Typical” Plan Amendment Case
Application• Pre-Application
Meeting w/ DRC
Public Notices• Mailed Notice• Newspaper
Advertisements
Public Hearing By Town Council• Staff Report
Public Hearing and Review & Recommendation By P&Z Board• Staff Report• Recommendation
Action By Town Council• Staff Report• Recommendations
CPA “Fast Facts”
1. 29 Total Plan Amendment Cases During Last Three Years (2010-2012)
2. 23 Approved; 4 Cases Withdrawn; Two Still in Review
3. Average Review Time of 181 Days from Submission To Action By Town Council
Longest = 455 Days (Cooke-Futrell property)
Shortest = Historic Preservation Master Plan (87 Days)
CPA Process Evaluation & Potential Changes
Application• Pre-Application
Meeting w/ DRC
Public Notices• Mailed Notice• Newspaper
Advertisements
Public Hearing By Town Council• Staff Report
Public Hearing and Review & Recommendation By P&Z Board• Staff Report• Recommendation
Action By Town Council• Staff Report• Recommendations
CPA Process Evaluation
?
Ideas For CPA Process Changes
1. ?
STEP 2: PROCESS REVIEW
Rezonings: 30 Minutes
“Typical” Cary Rezoning
Application•Pre-Application Meeting w/ DRC
•Community Meeting By Applicant
•Traffic Study •Proposed Conditions (If Applicable) or PDD Requirements
Public Notices•Mailed Notice•Newspaper Advertisements
•Posted Signs
Public Hearing By Town Council•Staff Report•Protest Petitions
Review & Recommendation By P&Z Board (May Include Public Hearing If Conditions Change)•Staff Report
Action By Town Council•Staff Report•P&Z Recommendation
“MXD” Rezoning in Cary
Application•Pre-Application Meeting w/ DRC•Preliminary Development Plan (PDP) & Conditions•Community Meeting By Applicant•Traffic Study
Public Notices•Mailed Notice•Newspaper Advertisements
•Posted Signs
Public Hearing By P&Z Board•Staff Report
Community Design
Workshop (Optional)
Public Hearing By P&Z Board•Staff Report
Public Hearing & Action By Town Council•Staff Report & Recommendations
•Protest Petitions
Rezoning “Fast Facts”
1. X Total Rezoning Cases During Last Three Years (2010-2012)
2. One Case “Denied”3. Seven Cases “Withdrawn”4. Average Time From Application
Submission To Town Council Action = 188 Days
Median Time = 165 Days Longest Time = 334 Days Shortest Time = 91 Days
Timeframe Comparison (“Big 14”)
Jurisdiction Typical LengthGreenville 3 monthsJacksonville 8 to 9 weeksCharlotte 4 monthsWinston-Salem 2.5 monthsAsheville 2 months; 3 months if CUFayetteville 2.5 monthsChapel Hill 9 to 12 monthsRaleigh 5 monthsGreensboro 38 to 60 daysWilmington 3 monthsConcord 45 days (up to 75)High Point 11 weeksGastonia ?
Cary3 to 4 months (straight or conditional), 6 to 8 months MXD
Hearing Sequence Comparison (“Big 14” Jurisdictions)
10 Of 14: Planning Board Or Commission Hearing 1st Council Hearing & Vote 2nd
1 Of14: Joint Council/Planning Board Hearing As 1st Step (Charlotte) (Note: Prior Process In Cary Under UDO)
1 Of 14 (Concord) Has Special Legislation Allowing P&Z Board To Render Final Decision If Vote = “Supermajority;” Otherwise, Continues To Council
Managing A Typical Rezoning Case 1 TC Public Hearing, 3 PZ 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 PZ 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 PZ Members Calls Or Email Exchanges With At Least 3 Other Residents 4 Meetings With Neighbors Or Applicant And Council Members
Rezoning Process Assessment & Potential Changes
Application• Pre-Application Meeting
w/ DRC• Community Meeting By
Applicant• Traffic Study • Proposed Conditions (If
Applicable) or PDD Requirements
Public Notices• Mailed Notice• Newspaper
Advertisements• Posted Signs
Public Hearing By Town Council• Staff Report• Protest Petitions
Review & Recommendation By P&Z Board (May Include Public Hearing If Conditions Change)• Staff Report
Action By Town Council• Staff Report• P&Z Recommendation
Application•Pre-Application Meeting w/ DRC•Preliminary Development Plan (PDP) & Conditions•Community Meeting By Applicant•Traffic Study
Public Notices• Mailed Notice• Newspaper Advertisements
• Posted Signs
Public Hearing By P&Z Board• Staff Report
Community Design
Workshop (Optional)
Public Hearing By P&Z Board• Staff Report
Public Hearing & Action By Town Council• Staff Report & Recommendations
• Protest Petitions
Rezoning Process Assessment Application Notices Public Hearings P&Z Board Town Council Other?
Ideas For Rezoning Process Changes
2. ?a) ?
Development Plan “Fast Facts”1. ?
Development Plan Process Comments
Notification: Town Notifies Adjacent Property Owners And
Creates False Expectations That Citizen Input Can Significantly Change The Outcomes
Citizens Provide Comments That Are Not Always Reflected In The Approved Plan (If Administrative Review, Plan Only Needs To Meet Requirements Of LDO And Other Regulations)
Notification Of Plan Review Is Sent After Second Submittal (For Some Projects, Only Two Submittals May Be Necessary)
Development Plan Process Comments
Schedule: Process Takes Too Long Too Many Regulations; LDO Is Too Complex
And/Or Lengthy Changes/Flexibility:
More Flexibility Needed When Dealing With Colors And Architecture; Trying To Legislate “Taste”
How Much Change Is Allowed To A Development Plan Before It Has To Go Back Through The Rezoning Process?
Ideas For Development Plan Process Changes
1. ?
STEP 3: RESULTS ON THE GROUNDAchieving Expected Outcomes: 45 Minutes
Nature Of Comments
Land Uses Site Design/Layout Building & Landscaping
(Design/Aesthetics) Signage Other?
STEP 4: FINAL COUNCIL GOALS & POTENTIAL DEVELOPMENT PROCESS CHANGES
Revisited & Refined: 45 Minutes
Potential Planning, Zoning & Development Process Changes
1. 2. 3. 4. 5. 6. 7. 8.
STEP 5: WRAP UP
Summary: 5 Minutes
