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
Demetrios Moutos - Planner I
DATE: February 5, 2024
RE:
Title
Special Use Permit Peer Review and Text Amendment Recommendations
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 presents a proposal to amend the Unified Development Ordinance Use Table concerning Special Use Permits. The objective is to assess the existing SUP requirements, analyze the outcomes of City Council decisions on past applications, conduct a peer city comparison, and ultimately recommend amendments to align with contemporary urban planning practices while addressing the specific needs and circumstances of Fayetteville.
Background:
The City of Fayetteville has a long-standing commitment to responsible urban development and zoning regulations that ensure the well-being of its residents and the integrity of its neighborhoods. The current Development Ordinance contains provision for Special Use Permits (SUPs) to regulate certain land uses that require an additional level of scrutiny due to their potential impacts on the community. These SUPs are intended to strike a balance between facilitating development and safeguarding the character of the city’s neighborhoods.
Issues/Analysis:
The Special Use Permit serves as zoning's solution to the challenge of accommodating uses that may or may not align well with certain districts, depending on their specific location and/or design. It provides flexibility by allowing potentially acceptable land uses, contingent on a thorough review to ensure that the use aligns with city or county policies.
The current Development Ordinance contains provisions for Special Use Permits (SUPs) to regulate certain land uses that require additional scrutiny due to their potential impacts on the community.
These SUPs are intended to strike a balance between facilitating development and safeguarding the character of the city’s neighborhoods.
In reviewing the data on Special Use Permits (SUP) applications within the city, several key trends have emerged. The majority of SUP applications have been approved (72.2%), indicating a consistent willingness to accommodate certain land uses. In contrast, few have been denied (11.1%), most likely owing to very specific issues and concerns.
Based on the data, it is evident that certain uses have a high approval rate. A possible change would be to considering these uses and/or uses like these for reclassification as permitted by right, simplifying the development process and reducing administrative burden.
The approach to handling SUPs varies among municipalities in the state:
• Raleigh does offer Special Use Permits (SUPs). The SUP process involves a thorough review by the Planning Director, followed by appropriate public notice. Subsequently, the Board of Adjustment conducts a quasi-judicial public hearing to evaluate the application. The Board of Adjustment grants approval for the Special Use Permit if it is demonstrated that the proposal meets eight specific standards.
• Charlotte does not utilize Special Use Permits (SUPs). Instead, they employ a system known as 'Prescribed Conditions.' These prescribed conditions are akin to the additional standards found in the City of Fayetteville’s Unified Development Ordinance (UDO). When a specific use adheres to all required additional standards, it becomes unnecessary to undergo review higher than staff level for that land use. Any additional standards can be reviewed and incorporated into the use table through a text amendment if deemed appropriate or necessary.
• Special Use Permits (SUPs) in Wilmington are issued or denied through resolutions by either the city council or the board of adjustment, depending on the specific land use or building as listed in their use table. Additionally, Wilmington requires a neighborhood meeting to occur before the application is submitted and undergoes a completeness review.
• In our very own Cumberland County, the Board of Adjustment hears and decides requests for special use permits.
• In Durham, applicants must begin with a pre-application conference and meet the city's requirements for submitting their SUP application. After the application is deemed complete, the Planning Director schedules a public hearing, providing public notice. The type of SUP (minor, major, or transportation) dictates the approval body, with the Board of Adjustment overseeing minor SUPs and the governing body handling major and transportation SUPs. Approval criteria include considerations of harmony with the area, compliance with requirements, public health and safety, and specific review factors. Transportation SUPs, for developments generating substantial vehicle trips, have distinct criteria. SUPs may be resubmitted under specific circumstances, and they expire if certain conditions are not met. Appeals can be filed with the Durham County Superior Court, and approved SUPs must be recorded at the Register of Deeds once the appeal period has passed or if the decision is upheld on appeal.
• In Winston-Salem, the SUP process operates through two distinct pathways, contingent on the specific use and its district classification. Uses designated with an "A" in Table 5.1.1 undergo review and approval by the Board of Adjustment, while those marked with an "E" in the same table require endorsement from the Elected Body. Both routes necessitate compliance with relevant zoning ordinance requirements found in Section 5.1.4. The application procedure involves timely submission of the application, necessary information, site plans, and associated fees. Notifications are made to the public, including posting notices on the property and mailing letters to property owners and nearby residents. For the Board of Adjustment's process, applications must be submitted at least twenty days ahead of the scheduled monthly meeting, accompanied by fees and possibly a site plan. Planning Board reviews are conducted, and special use permits are granted based on specific findings that consider public safety, compliance with conditions, impact on property values, and alignment with the locality. Extension of permits can be requested if needed, and separate special use permits are not required when a use aligns with special use district zoning.
Budget Impact:
Reduction in permit fees if certain uses types are allowed by right and would not require an SUP in the future.
Options:
1. Grant authorization to proceed with staff recommendations and initiate the development of a text amendment for subsequent submission to the Planning Commission.
2. Authorize staff to explore alternative recommendations presented by the City Council. Simultaneously, instruct staff to formulate a text amendment for presentation to the Planning Commission.
3. Direct the proposal to be returned to staff for a comprehensive review and potential incorporation of suggested recommendations. This assessment may include adjustments to the list of uses requiring a Special Use Permit.
4. Choose to uphold the current protocol by opting not to take any action. This decision maintains the status quo in the handling of Special Use Permits and associated usage requirements by the City Council.
Recommended Action:
The Professional Planning Staff recommends option 1.
Attachments:
We have provided a comprehensive spreadsheet that lists all Special Use Permits (SUPs) applied for between 2015 and the most recent cases in 2023. While some location descriptions include the purpose of the SUP, we have also included detailed descriptions of each SUP to the right of the 'Action' column. Furthermore, although not all of the peer cities reviewed are listed in the examples above, we have attached the Use Tables and SUP standards of all the peer cities for reference.
• SUP Spreadsheet ‘15- ‘23
• Raleigh Use Table and SUP Standards
• Durham Use Table and SUP Standards
• Charlotte Use Table
• Winston-Salem Use Table and SUP Standards
• Wilmington Use Table and SUP Standards
• Cumberland County Use Table and SUP Standards
• Fayetteville Use Table
• PowerPoint Presentation