TO: Mayor and Members of City Council
THRU: Planning Commission
Will Deaton, AICP - Planning & Zoning Division Manager
FROM: Demetrios Moutos - Planner I
DATE: April 16, 2024
RE:
Title
TA24-09. Amendment to Uses and Standards in the UDO Requiring Special Use Permits
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
• Objective 2.4 - Sustain a favorable development climate to encourage business growth.
Goal 3: City Investment in Today and Tomorrow
• Objective 3.2 - Manage the City’s Future Growth and Strategic Land Use
Executive Summary:
This report analyzes potential amendments to the Unified Development Ordinance (UDO) Use Table and other standards related to Special Use Permits (SUPs). The analysis considers the potential effects of streamlining the development process, fostering a diversity of development types, and implementing an adaptable approach that prioritizes resilience.
This item was continued from the Commission’s March meeting
Background:
The City of Fayetteville is committed to responsible urban development and zoning to protect residents' welfare and maintain neighborhood integrity. This report evaluates proposed amendments to the Unified Development Ordinance (UDO) Use Table and Special Use Permit (SUP) standards, aiming to simplify the development process, encourage diverse development, and adopt a flexible, resilience-focused approach.
Special Use Permits (SUPs) are crucial for regulating land uses that require extra scrutiny due to community impact. However, the complexity and uncertainty they introduce can hinder development. This amendment seeks to streamline the SUP process, clarify guidelines for stakeholders, and improve review transparency, enhancing SUP effectiveness and minimizing negative impacts on development and community well-being.
Issues/Analysis:
The initial stage in presenting a proposed amendment to the City Council involves having it reviewed, modified, and recommended by the City’s Planning Commission in accordance with City policies and State Statutes, as outlined below. The Commission plays a pivotal role in every text amendment process.
According to Section 160D-301 of the North Carolina General Statutes:
(a) Composition. - A local government may by ordinance provide for the appointment and compensation of a planning board or may designate one or more boards or commissions to perform the duties of a planning board. A planning board established pursuant to this section may include, but shall not be limited to, one or more of the following:
(b) Duties. - A planning board may be assigned the following powers and duties:
(3) To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
Recommended text amendments:
a) Revise Section 30-4.A.2. Use Table to streamline the development process:
• This revision includes reclassifying certain uses from requiring a special use permit to permitted uses or not permitted uses. (See attached “Revised Use Table”)
b) Revise Section 30-4.C.2.a.1.b. (Live/Work Dwelling Units)
• Current: In SF-6 (as a Special Use Permit) and MR-5 the residential portion of the building shall occupy over 50 percent of the gross floor area. Employees shall be limited to occupants of the residential portion of the building plus up to three persons not residing in the residential portion.
• Revised: In SF-6 (as a Special Use Permit) and MR-5 the residential portion of the building shall occupy over 50 percent of the gross floor area. Employees shall be limited to occupants of the residential portion of the building plus up to three persons not residing in the residential portion.
c) Remove Section 30-4.C.4.b.5. (Animal Care Uses)
• Current: Any incinerators included as an accessory use to an animal shelter shall be permitted only in accordance with a Special Use Permit.
d) Revise Section 30-4.C.4.i.2.b (Brewpubs)
• Current: Live entertainment shall not be permitted unless approved as a special event or through the special use permit process.
• Revised: Live entertainment shall not be permitted unless approved as a special event or through the special use permit process.
e) Remove Section 30-4.C.4.i.2.b.2 (Brewpubs)
• Current: The review and decision shall meet the criteria of Art. 30-2.C.7 Special Use Permit. Applications must include floor plans and details indicating ingress/egress, seating and dance area, maximum occupancy(ies), and plans to manage trash/litter, loitering and security. An acoustical study may be required. Conditions to mitigate impacts on surrounding properties and public spaces or resources may include but are not limited to specifying days or hours of operation, sound levels, sound-proofing, management of queuing or parking, and other activities associated with the entertainment.
f) Revise Section 30-4.C.4.i.8.a. (Grocery Store)
• Current: A grocery store over 2,500 square feet proposed within an NC Neighborhood Commercial District shall be subject to a Special Use Permit approval and the following standards:
1. The store shall not exceed 25,000 square feet.
2. The building shall be designed to appear as a series of small shops.
3. The building shall be located proximate to the public right-of-way, to frame the edge of the lot.
4. Parking shall be located to the interior side and rear of the building.
5. Site design shall include a pedestrian pathway system on the perimeter and within its site to support neighborhood access from surrounding areas and transit stops on its periphery.
• Revised: A grocery store over 2,500 square feet proposed within an NC Neighborhood Commercial District shall be subject to a Special Use Permit Approval and the following standards:
1. The store shall not exceed 25,000 15,000 square feet.
2. The building shall be designed to appear as a series of small shops.
3. The building shall be located proximate to the public right-of-way, to frame the edge of the lot.
4. Parking shall be located to the interior side and rear of the building.
5. Site design shall include a pedestrian pathway system on the perimeter and within its site to support neighborhood access from surrounding areas and transit stops on its periphery.
g) Revise Section 30-4.C.4.i.9 (Personal Services Establishments)
• Current: Personal service establishments in the MR-5, OI, and NC zoning districts shall comply with the following standards and in the MR-5 district may be further limited as a condition of approval of a special use permit:
• Revised: Personal service establishments in the MR-5, OI, and NC zoning districts shall comply with the following standards and in the MR-5 district may be further limited as a condition of approval of a special use permit:
h) Revise Section 30-4.C.5.c.2.f (Microbrewery, Microdistillery)
• Current: In the DT-1 and MU districts, live entertainment shall not be permitted except in accordance with the same standards and special use permit procedures provided for Brewpubs in Art. 30-4.C.4.i Use-Specific Standards - Retail Sales and Services.
• Revised: In the DT-1 and MU districts, live entertainment shall not be permitted except in accordance with the same standards and special use permit procedures provided for Brewpubs in Art. 30-4.C.4.i Use-Specific Standards - Retail Sales and Services.
Land Use Map and Plan Consistency
The Consistency Statement for the proposed UDO Text Amendments (TA24-009) provides a detailed analysis of how these amendments align with the City of Fayetteville’s Comprehensive Plan, particularly focusing on goals and land use policies and strategies. This statement is instrumental in understanding the rationale behind the proposed changes and how they support the broader objectives of responsible urban planning and development.
Goals Alignment
The amendment directly supports several key goals outlined in the Comprehensive Plan:
• Goal #1: They promote value and investment around infrastructure and strategic nodes, which is essential for efficient urban development and service delivery.
• Goal #3: By encouraging the redevelopment of strip commercial areas, the amendments align with efforts to revitalize underutilized areas, improving their economic viability and aesthetic appeal.
• Goal #4: The amendments aim to enhance community well-being and safety by applying existing development regulations to encourage diverse new developments, fostering safer, more attractive neighborhoods.
Land Use Policies and Strategies Consistency
The Consistency Statement meticulously maps the amendments to specific land use policies and strategies, demonstrating a comprehensive alignment:
• Encouraging Growth and Infrastructure: The amendments align with policies that encourage growth in areas well-served by infrastructure, advocating for more intense and mixed uses in focal areas. This ensures development is sustainable and supported by necessary services.
• Economic Development: By streamlining development processes, the amendments support economic development in designated areas, making it easier to attract and retain businesses.
• Redevelopment and Reinvestment: The proposed changes facilitate redevelopment along commercial strips and residential neighborhoods by potentially removing barriers and providing more flexibility in development standards.
• Walkable and Mixed-Use Districts: Amendments encourage well-designed commercial and mixed-use districts, supporting policies that promote walkability, connectivity, and quality site design.
• Quality Neighborhoods and Diverse Housing: The focus on encouraging development standards that result in quality neighborhoods and a mix of housing types for all ages and incomes is evident. The amendments provide a framework for more diverse and inclusive development options.
Future Land Use Map Alignment
The Consistency Statement illustrates that the proposed UDO Text Amendments are not only aligned with the City of Fayetteville’s strategic vision for growth, development, and community well-being, but also actively support the realization of this vision through practical changes to the UDO. The close alignment with the goals and land use polices of the Comprehensive Plan contributes to creating a balanced, sustainable, and economically thriving urban landscape.
Budget Impact:
Implementing this proposal would reduce permit fee revenue due to fewer Special Use Permit applications for certain use types.
Options:
1) Move to recommend approval of all of the proposed text amendments. (Recommended);
2) Move to recommend approval of some of the proposed text amendments;
3) Remand some or all of the proposed text amendments back to Staff for further consideration and specific changes.
4) Move to recommend denial of any or all proposed text amendments;
Recommended Action:
The Professional Planning Staff recommends Option (1) approval of all of the proposed text amendments.
Attachments:
UDO Use Table