2018.03.26 Council Agenda Item 08

At the September 11, 2017 Council meeting, Councilors Hemphill and Svedlow agreed to work with staff on developing policy options related to the Resource Conservation Overlay District (RCZO).  Those two councilors reported back to the full Council at the Council’s September 25, 2017 meeting and recommended two changes to the RCZO that reflected recommendations made by LPAC in November 2016:  1. To expand the applicability of the RCZO to include two-family and multi-family developments; and 2. To restore/increase the amount of open space required for conservation subdivisions in the rural residential districts (the Farm and Forest and Highland Lake Districts) to the levels  required between 2005 (when the RCZO was first created) and 2011 (when the amount of required open space was reduced to its current level).  During these discussions, it was recognized that one of LPAC’s November 2016 recommendations was to consider reducing open space in the residential growth districts, however, it was deemed appropriate at the time to defer acting on that specific recommendation until the Greening of Falmouth update was completed.  

At a Council workshop held on 12/11/17, the Council directed staff to proceed with drafting zoning amendments to implement these two changes to the RCZO.  These two amendments were subsequently introduced at the January 22, 2018 Council meeting.  At that January meeting, there was a desire on the part of some councilors to defer moving forward with the amendment to restore/increase open space requirements in the F and HL Districts.  The Council agreed to delay holding the public hearing on that amendment and requested that LPAC offer its opinion on whether it was appropriate to move forward immediately with the amendment to increase open space in the rural residential districts and wait until the Greening of Falmouth was completed prior to considering whether to change open space requirements in the residential growth districts.

Included in your materials is a 2/16/18 memo from LPAC that outlines LPAC’s current opinion on this issue and also includes LPAC’s original recommendations from November 2016.  LPAC has recommended that the Council take action as soon as possible on amendments to restore/increase the amount of open space required in the rural residential districts and to expand the applicability of the RCZO to include two-family and multi-family housing types.  LPAC also agreed to further discuss its prior recommendation to change open space requirements in the residential growth districts and to incorporate its conclusions and recommendations on that matter into the Greening of Falmouth update. 

Attached are the original ordinance amendment introduction letter, the 2/16/18 memo from LPAC, and the proposed ordinance language that was introduced on 1/22/18.  If there is agreement on advancing this ordinance amendment, the next step would be for the Council to schedule a public hearing on the proposed amendment.