TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP, CFM, CZO - Planning & Zoning Manager
Craig M. Harmon, CZO - Senior Planner
DATE: December 9, 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 5 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.
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.
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 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.
Development Services Staff proposes 5 code areas to be amended:
1. Amend Historic Resources Commission’s requirements for a quorum to exclude vacant positions in the calculation. (Currently the UDO requires that a quorum for this commission be 4 members. However, when a situation such as we currently have 2 of the 7 appointments are vacant, meaning 4 of the 5 remaining must be present for a quorum. With this amendment only 3 of the 5 would be required).
2. Amend standards for Wireless Communications Towers to include new standards for Aviation Hazards. (These are new regulations as required by State Statutes, attached).
3. Amend Use Table to clarify uses in the DT-2 zone that are only allowed on certain streets. (These uses are listed as allowed in the Use Specific Standards of the UDO. This amendment will match the Use Table to Use Specific Standards.
4. Add specialty eating establishments to the list of uses allowed to have a drive-throughs in the DT-2. (Specialty Eating Establishments, such as coffee shops and ice-cream parlors, are allowed to have drive-throughs in all other districts except for the DT-1 districts which doesn’t allow any drive-throughs).
5. Amend the Clear Cutting Permit standards to include an exception for sites of 1 acre or less to provide only a 20-foot buffer along property lines and rights-of-way. (This is only for predevelopment and would still be subject to clear cutting permits and specimen tree requirements).
Budget Impact:
None at this time
Options:
1)Move to approve all or some of the proposed text amendments. (Recommended).
2)Remand some or all of the proposed text amendments back to Staff and Planning Commission for further consideration.
Recommended Action:
The Planning Commission and Professional Planning Staff recommend that City Council adopt the text amendments as drafted.
Attachments:
Draft Ordinances
PowerPoint
Work Session Draft Minutes
Planning Commission Draft Minutes