TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP - Planning & Zoning Division Manager
Craig M. Harmon, CZO - Senior Planner
DATE: January 2, 2024
RE:
Title
Proposed Text Amendments to Chapter 30 - Unified Development Ordinance (UDO).
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:
Below are eight (8) proposed areas of the City Code for text amendments. These suggested updates are to the Unified Development Ordinance (UDO - Chapter 30), as proposed by the City’s Professional Planning Staff of the Development Services Department.
Upon City Council's direction, these items will proceed to the Planning Commission for legislative hearings and recommendations by the Commission. Following the Planning Commission’s meeting, their proposed text amendments will be presented again to the City Council, this time for a legislative hearing, review, and decision.
Background:
Generally, twice per year, the Development Services Department proposes a batch of text amendments to adjust the UDO and other City Codes. The aim of these amendments is to ensure that the City’s regulations reflect modern development standards and community preferences. These suggested amendments are the result of issues identified through ordinance cleanup, the development community’s suggestions, and case law implications. The reason to limit the potential amendments is a combination of staff and City Council time spent on the items to fully vet items for consideration.
Issues/Analysis:
The first step in bringing a proposed amendment before City Council is to have it reviewed, modified and recommended by the City’s Planning Commission, following City policies and State Statutes as shown below. The Commission is an integral part of any text amendment process.
According to section160D-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.
Development Services Staff proposes 8 code areas to be amended:
1. Reduce the parking calculations for Adaptive Reuse sites.
2. Reduce the parking calculations for Infill Projects.
3. Further define the office-warehouse use by amending which districts they are allowed in and what the minimum ratio of office to warehouse space is appropriate.
4. Amend the definitions and standards to better differentiate between standard gas stations and truck stop gas stations.
5. Resolve the ordinance conflicts between general canopy height and canopies for gas stations.
6. Reduce the off-street parking standards for Industrial Uses. Currently warehouse space requires more parking than office uses.
7. Reintroduce sign height and setback standards for signs in residential districts - these standards were lost during the adoption of the UDO.
8. Amend UDO to allow for backing into streets for two-to-four family dwellings and townhomes, which is already allowed for single family residential uses.
Budget Impact:
None at this time
Options:
1) Direct Staff to present all or some of the proposed text amendments to the Planning Commission for their review, modification and recommendation. (Recommended);
2) Remand some or all of the proposed text amendments back to Staff for further consideration.
Recommended Action:
The Professional Planning Staff recommends Option (1) Direct Staff to present all of the proposed text amendments to the Planning Commission for their review, modification, and recommendation.
Attachments:
PowerPoint