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Times Square Overlay Ordinance   
(From the minutes of the Town Council Meeting of August 19, 1996) IX FIRST READING ON TIMES SQUARE OVERLAY ORDINANCE Mayor Cereceda read the titles and the ordinance was set for public hearing on September 3. Marsha Segal-George pointed out that the LPA went through the master plan page by page and held a public hearing and that this ordinance was unanimously approved by the LPA. The LPA did not want to make it mandatory, because they felt that the advantages were attractive enough that the Times Square business owners would want to go with it voluntarily. The problem with making it mandatory is that the Town would be open to the Bert-Harris challenge that landowners are not being allowed full use of their property under the existing zoning, particularly C1. Mr. Roosa clarified that this is an overlay to the county land use plan and avoids rezoning hearings which the Town is not ready for until they develop a comprehensive plan, yet it allows for immediate redevelopment in the Times Square area. As the Town goes through its own land use and development regulations, this overlay will disappear, and the rezoning will become mandatory. Mr. FitzSimons felt that it should be mandatory now, but Mayor Cereceda said that the Times Square merchants have taken a leap of faith in the Town Council and there is a lot of good will that will disappear if it is made mandatory. She does not believe anyone will opt to go with the old plan when they see the creative options of going with the overlay, but they need to see on their own that it is for their own good. It was clarified that if someone opts to go under the overlay so they can have the advantages, they will also have to go with the design guidelines that go along with it. When the ordinance refers to a special permit, it means that it will go through the LPA and then the Council rather than the County offices that are mentioned in the original master plan. Otherwise, the substance of the original master plan is intact. Mr. Roosa cautioned the Council that just because the LPA recommends something, the Council should look at everything carefully, and can always have the option of sending it back to the LPA for further work. |
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