TO: Mayor and Members of City Council
THRU: Telly C. Whitfield, Ph.D. - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig M. Harmon, CZO - Planner II
DATE: May 23, 2022
RE:
Title
TA22-01: Text Amendments to Article 30 of the Unified Development Ordinance to implement the Downtown Urban Design Plan, Phase 1
end
COUNCIL DISTRICT(S):
Council District(s)
2 - Shakeyla Ingram
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2021
Goals 2026
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
• Objective 2.3 - Sustain a favorable development climate to encourage business growth
Goal 3: City Investment in Today and Tomorrow
• Objective 3.1 - Enhance City street connectivity, traffic flow and stormwater systems
• Objective 3.2 - Manage the City's future growth and strategic land use
Goal 4: Desirable Place to Live, Work and Recreate
• Objective 4.3 - Improve mobility and connectivity through sidewalk, trail and bike lane investments
• Objective 4.5 - Ensure a place for people to live in great neighborhoods
Goal 6: Collaborative Citizen & Business Engagement
• Objective 6.2 - Ensure trust and confidence in City government through transparency and high quality customer service
Executive Summary:
Created through the Revitalization and Economic Development Grant and officially adopted February 24, 2020, the Downtown Urban Design Plan is designed to guide development and investment in Downtown Fayetteville for the coming years.
Staff has studied the Downtown Plan’s recommendations and will utilize a phased approach to implementation. This first phase focuses on two of the articulated Urban Design Initiatives: (1) Create a Downtown District and (2) Foster Downtown Living. To achieve these Initiatives, the Plan outlines several action items, including, update development and zoning standards. These updates are guided by specific recommendations contained in the Plan.
At the Work Session held on December 6, 2021, the City Council directed Planning Staff to draft proposed changes to the Unified Development Ordinance (UDO), as the first phase of implementation of the Downtown Urban Design Plan.
On January 20, 2022, Planning Staff held a virtual public meeting (via Zoom) to engage stakeholders and solicit feedback on the Plan implementation.
On March 15, the Planning Commission, by a 5-0 vote, moved to recommend that the City Council approve the text amendments as written.
The Downtown Urban Design Plan can be viewed on the City’s website here. (https://www.fayettevillenc.gov/city-services/development-services/planning-zoning/planning-zoning/studies-and-plans)
Background:
In July of 2017, the City of Fayetteville was awarded a $100,000 Revitalization and Economic Development Grant from the State of North Carolina’s Legislature. These funds were used to hire a consulting group, which was led by Urban Design Associates and assisted by Stewart Design, Walker Parking Consultants and SFL+a Architects.
Downtown Fayetteville is approximately .55 square miles in area and is generally bounded by Rowan, Russell, Robeson and Cool Spring Streets. The adopted plan includes a written implementation strategy; graphic illustrations; suggestions regarding regulatory changes necessary to implement the proposed design concepts; and policy recommendations. The intention of the Plan is to blend current community goals with previous planning efforts and policies; provide a clear guide and predictable framework that is useful for both developers and citizens; and serve as a powerful graphic tool for visualizing preferred Downtown development.
The Plan articulates several “Urban Design Initiatives” (objectives), which span across multiple City departments. The focal Design Initiatives of this Phase 1 are: (1) Create a Downtown District by expanding the Hay Street experience (lively, mixed-use, pedestrian-oriented) and (2) Foster Downtown Living by creating a neighborhood with a range of housing types and options (diverse residential development). The other Urban Design Initiatives, which will be addressed in later phases, are: Improve Downtown’s Gateways, Stimulate Ballpark-area Investment, and Strategically Locate Cultural Venues.
The Downtown Urban Design Plan also describes an “Action Plan,” which list overlapping strategies to implement the Design Initiatives and includes specific steps and recommendations. The key strategy of this Phase 1 is: Update Zoning and Development Standards. Under this strategy, Planning Staff has drafted proposed updates to the Unified Development Ordinance (UDO), and each update supports one or multiple of the specific recommendations. The other strategies listed in the Action Plan are: Focus Economic Development Strategies, Improve Public Realm and Multi-modal Connections, Improve Parking Management, and Improve Stormwater Management.
Issues/Analysis:
After thorough analysis of the applicable recommendations, Planning Staff has drafted text and map amendments to the Unified Development Ordinance (UDO). The text amendments update the terms of the zoning and development regulations, and the map amendments update the boundaries and labels of the zoning districts. Because both types intertwined in the Downtown Urban Design Plan’s recommendations, both are described here.
The following is an overview of the text amendments. (See attached summary analysis spreadsheet for a list all proposed text amendments and applicable sections of the UDO.)
• Two-tiered Downtown District (map and text amendment). The current Downtown zoning district, which generally encompasses Hay and Person Streets between Robeson Street and Cool Spring Street, will continue to be the core area and will be renamed Downtown-1 (DT-1). The area will continue to encourage a vibrant streetscape with a mix of uses that includes office, commercial, and entertainment, with range of urban residential types. Extending the core, the encircling properties, which currently include various commercial zoning classifications, will be rezoned to a newly created zoning district, Downtown-2 (DT-2). The development will be slightly less intense than DT-1, with standards similar to existing Office-Institutional (OI) districts.
The approximate boundaries of DT-2 will be Grove/Rowan Street to the north, a few blocks past Russell Street to the south, a few blocks past Robeson Street to the west, and S. C Street / N. C Street to the east. (A map showing the proposed two-tiered Downtown District is attached for context and illustration.)
Together, the two tiers will support an expanded Downtown District with an urban, walkable, compact character. The experience will be pedestrian-oriented with active street-level uses, buildings aligned with the street, and parking to the side or rear of the buildings. Redevelopment of vacant and underutilized parcels will be encouraged with simplified and flexible zoning standards and a wide range of permitted uses.
• Use Table and Use-Specific Standards. The Use Table (Table 30-4.A.2) is amended by removing the current “DT” classification and replacing it with “DT-1” and “DT-2.” Each land-use type listed in the Use Table was evaluated to determine its impact on the stated purposes of the new districts, and was then categorized as: permitted, prohibited, or requiring of a Special Use Permit (SUP). Instances that require an SUP were minimized to encourage unhampered development. For certain uses, the Use-Specific standards were updated to ensure compatibility with the Plan’s recommendations. Overall, the goal is to allow as many uses as possible while still maintaining the pedestrian-oriented and lively character.
• Parking requirements. The current Downtown district is the only district in the City that does not require a minimum number of off-street parking spaces. (In the other districts, the number is determined by the type of land-use). This exemption from parking minimums will remain in the DT-1 and is extended to the DT-2 for all non-residential uses, thereby increasing the space that can be developed for active uses, which benefits both businesses and pedestrians. Whether to provide parking, and the amount provided, will be a business decision by the developer/owner. If parking is provided, it must be located to the side or rear of the building, and not between the building and sidewalk.
• Density increases. In the current Downtown district, the maximum allowable lot coverage (the building footprint) is 100%, and the maximum building height is 90 feet, which can be increased to 150 feet for buildings with street-level restaurants or retail. This high level of permitted density will remain in the DT-1. In the DT-2, the maximum allowable coverage will be 75%, and the maximum building height will be 75 feet, which can be increased to 130 feet for buildings with street-level restaurants or retail. By comparison, the current maximum allowable lot coverage in the areas that will be rezoned to DT-2, is generally between 45-55%.
• Diverse residential urban building types. A range of housing types will be permitted in both zoning districts, spanning single-family homes to duplexes, upper-story residential, and apartment buildings. Increased housing options will contribute to residential development, strengthening the neighborhood aspect and supporting local businesses.
• Technical development standards. Technical development standards, including landscaping and signage, are modified to enhance the visual quality of the area, emphasize the pedestrian experience, and encourage businesses and retail activity.
Budget Impact:
It is expected that proposed changes to the zoning and development standards in the Downtown District will encourage commercial and residential development and increase tax revenues for the City.
Options:
The City Council shall hold a legislative hearing on the application in accordance with the Fayetteville City Code. After the close of the hearing, the Council shall consider the application, relevant support materials, the staff report, and any comments given by the public. The City Council, by a majority vote of a quorum present, shall take one of the following actions:
1) Adopt of all of the proposed text amendments as written;
2) Deny of the proposed text amendments;
3) Remand back to Staff for specific changes.
The City Council shall address whether the decision is consistent with all City-adopted plans that are applicable.
Recommended Action:
The Planning Commission and Professional Planning Staff recommend Option 1.
Attachments:
1. Downtown Rezoning Aerial - Location Map
2. Downtown Rezoning (DT-1 & DT-2) Map
3. Summary analysis of all proposed text amendments (spreadsheet)
4. Consistency Statement
5. TA22-01 Ordinance Amending 30-3
6. TA22-01 Ordinance Amending 30-4
7. TA22-01 Ordinance Amending 30-5
8. TA22-01 Ordinance Amending 30-6
9. TA22-01 Ordinance Amending 30-9