TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP, CFM, CZO - Planning and Zoning Division Manager
Demetrios Moutos - Planner I
DATE: April 14, 2025
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 II: Responsible City Government Supporting a Diverse and Viable Economy
• Objective 2.4: Sustain a Favorable Development Climate - These amendments directly support this objective by streamlining the development process, making it easier and faster for business and property owners to obtain permits. This can encourage new businesses and housing in the city and existing businesses and housing to expand.
Goal III: City Investment in Today and Tomorrow
• Objective 3.2: Manage the City’s Future Growth and Strategic Land Use - These amendments align with this objective by promoting a more adaptable and resilient approach to development. The revised standards will allow for a wider range of development options that can meet the city’s evolving needs.
Executive Summary:
Council is asked to approve the text amendment allowing two- to four-family and single-family attached dwellings by right in the SF-6 and SF-10 districts.
This report outlines a proposed amendment to the Unified Development Ordinance (UDO) Use Table. The primary goals of this amendment are to streamline the development process, expand the range of allowable development types, and foster a more flexible and resilient approach to land use regulation.
The amendments originated from a request by the City Council during the third quarter of 2023. Staff was directed to examine the number of uses requiring a Special Use Permit (SUP) and to compare Fayetteville’s requirements with those of peer cities. Findings were presented at a City Council Work Session in early 2024, where the Council reached a consensus to move forward with the proposed changes and refer the matter to the Planning Commission for review.
The Planning Commission first reviewed the proposed amendments in March 2024. A revised Use Table reflecting that discussion was included with the report. In May 2024, the Commission requested additional revisions, which were incorporated. Feedback from the Regional Land Use Advisory Commission (RLUAC)-particularly regarding Freestanding Telecommunications Towers-led to the decision to retain the SUP requirement for that use. This change was reflected in the final draft, which the Planning Commission unanimously recommended for approval, along with proposed updates to additional SUP standards.
The City Council partially approved the amendments at its meeting on November 25, 2024, adopting most of the proposed text changes. However, Council opted to retain the SUP requirement for two- to four-family dwellings and single-family attached dwellings in the SF-6, SF-10, and SF-15 zoning districts. These items were deferred to the UDO/Housing Committee for further discussion in January 2025.
The item was subsequently moved to the February committee meeting, where the discussion focused on how dimensional standards in single-family residential districts apply to missing middle housing types. The topic was continued into the March meeting, where the committee recommended allowing two- to four-family and single-family attached dwellings by right in the SF-6 and SF-10 districts. Staff was directed to place the revised proposal on the earliest available City Council consent agenda.
Background:
The City of Fayetteville is dedicated to responsible urban development. This means striking a balance between fostering economic growth and protecting the character of our neighborhoods. To achieve this, we propose amendments to the Unified Development Ordinance (UDO) Use Table regarding uses requiring Special Use Permits (SUPs).
Goals of the Proposed Changes:
• Simplify the Development Process: Streamlining SUP requirements will make it easier for businesses and property owners to navigate the development process, ultimately encouraging new investment in our city.
• Encourage Diverse Development: Offering a wider range of development options will help create more vibrant and interesting places for residents to live, work, and recreate.
• Maintain Neighborhood Integrity: A focus on flexible and adaptable development ensures our neighborhoods can evolve while retaining their unique character.
Special Use Permits (SUPs):
SUPs are a crucial tool for ensuring that specific land uses are compatible with the surrounding community. However, the current SUP process can be complex and unpredictable. Our proposed amendments aim to:
• Streamline the SUP Process: Clearer guidelines and a more transparent review process will benefit both developers and the community.
• Enhance SUP Effectiveness: Making the process more efficient ensures proper oversight of land uses with potential community impacts.
• Minimize Negative Impacts: Responsible development will minimize any potential adverse effects on residents and neighborhoods.
These changes will promote a more efficient and effective development process while continuing to prioritize the well-being of our communities.
Issues/Analysis:
Before any proposed amendment reaches the City Council for a vote, it undergoes a thorough review process by the City’s Planning Commission. This commission plays a vital role in ensuring responsible development in Fayetteville.
North Carolina General Statutes Section 160D-301 authorizes local governments to establish planning boards. These boards, including Fayetteville’s Planning Commission, can be tasked with various duties, including:
• Reviewing and recommending changes to development regulations, like the Unified Development Ordinance (UDO).
• Developing policies and procedures that promote efficient and coordinated urban planning.
This review process by the Planning Commission ensures that proposed amendments are carefully considered and aligned with the City’s overall development goals.
Recommended text amendments:
a) Revise Section 30-4.A.2. Use Table to streamline the development process:
• This revision includes reclassifying specific uses from requiring a special use permit to either permitted uses or non-permitted uses. (See attached “Revised Use Table”)
Alignment with Comprehensive Plan
The Consistency Statement demonstrates how the proposed UDO Text Amendments support the City of Fayetteville’s Comprehensive Plan. This plan outlines the city’s vision for responsible urban development.
The amendments directly support several key goals and land use strategies:
• Growth and Infrastructure:
o Focus on “Infill” Development: By streamlining the development process in areas with existing infrastructure, such as roads, water lines, and sewer systems, the amendments encourage developers to utilize these areas first. This reduces the strain on the city’s budget, as there is no need to invest in expanding infrastructure for new development on the outskirts.
o Efficient Service Delivery: Since new development is situated near existing infrastructure, it’s easier and more cost-effective to connect them to utilities and public services like trash collection and fire protection. This ensures a higher quality of life for residents in these new developments.
• Economic Development:
o Reduced Time and Costs: Streamlining the permitting process saves businesses and property owners time and money. Shorter turnaround times and potentially fewer fees associated with SUPs can make Fayetteville a more attractive location for businesses to invest in and expand.
o Greater Flexibility and Innovations: By allowing a wider range of development types without requiring SUPs, the amendments could encourage more innovative and creative development projects. This fosters a more diverse business landscape and potentially attracts new industries or niche businesses to the City.
o Improved Marketability of Land: Land with a wider variety of permitted uses becomes more attractive to a broader range of potential buyers or developers. This can lead to increased property values and investment in the City.
• Revitalization and Redevelopment:
o Reinvigorating Underutilized Areas: As mentioned before, the amendments can incentivize investment in areas like strip malls and older neighborhoods by making the development process easier and less expensive. This can lead to the conversion of these areas into vibrant mixed-use spaces with a mix of residential, commercial, and office uses.
o Attracting New Residents and Businesses: Revitalized areas become more desirable places to live and work. This can attract new residents and businesses, bringing renewed economic activity and energy to these districts.
• Walkable Communities:
o Mixed-Use Development: The amendments can encourage the creation of well-designed commercial and mixed-use districts with a mix of shops, restaurants, offices, and residences all within walking distance. This reduces reliance on cars and creates a more pedestrian-friendly environment.
o Improved Connectivity: Well-designed mixed-use districts often incorporate sidewalks, bike lanes, and public transportation options. This enhances connectivity within neighborhoods, allowing residents to easily access their daily needs without the need for a car.
• Quality Housing:
o Variety of Housing Options: The amendments could allow for a broader range of housing types, including apartments, townhouses, and single-family homes, catering to different needs and income levels. These foster diverse and inclusive neighborhoods where people of all backgrounds can find suitable housing options.
o Affordable Housing Opportunities: By potentially streamlining the development process for smaller multi-unit housing projects, the amendments could indirectly encourage the creation of more affordable housing options. However, it’s essential to note that additional measures may be necessary to ensure that affordability is maintained.
It’s important to remember that these are just potential benefits, and the actual impacts depend on numerous factors. However, the proposed amendments to the UDO offer a set of tools that can be used to achieve the goals of the Comprehensive Plan and promote a more sustainable and prosperous future for Fayetteville.
Budget Impact:
While implementing this proposal may result in a decrease in permit fee revenue due to fewer Special Use Permit applications for certain use types, the long-term economic benefits associated with a more streamlined development process, increased development activity, and revitalization of underutilized areas are expected to outweigh this initial loss.
Options:
1) City Council votes to approve the proposed text amendment. (Recommended);
2) City Council votes to approve some or portions of the proposed text amendment;
3) City Council votes to remand some or all of the proposed text amendment for further staff review and revisions;
4) City Council votes to deny some or all portions of the proposed text amendment;
Recommended Action:
The Planning Commission and Professional Planning Staff recommend Option 1: Approve the proposed text amendment.
Attachments:
1. Amended UDO Use Table
2. Consistency Statement
3. City Council PowerPoint
4. 04.16.2024 PC Meeting Minutes
5. Ordinance