TO: Mayor and Members of City Council
THRU: Adam Lindsay, Assistant City Manager
FROM: Sheila Thomas-Ambat, Public Services Director
DATE: June 23, 2025
RE:
Title
TA25-02. Proposed amendments to Article 30 (Unified Development Ordinance) of the City Code covering sidewalk exemptions during development.
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 analyzes a potential amendment to the Unified Development Ordinance (UDO) Article 30 of the City Code - Sidewalk development standards. Staff presented this at the 06/17/2025 Planning Commission Meeting.
Both staff and the Planning Commission (unanimously) recommend that these amendments be remanded back to staff for further consideration and specific changes.
Background:
At a recent City Council UDO Committee Meeting, a motion was made to amend the current UDO requirements for the construction of sidewalk. Proposed amendment and staff analysis follows.
Issues/Analysis:
The initial stage in presenting a proposed amendment to the City Council involves having it reviewed, modified, and recommended by the City’s Planning Commission per City policies and State Statutes, as outlined below. The Commission plays a pivotal role in every 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.
Recommended text amendments:
a) Revise 30- 5. F. 9. a
i. Current:
a. Location
Sidewalks shall be required on both sides of all streets, except:
1. On lots or sites engaged in active agricultural uses in the AR district (in these instances, no sidewalks are required);
2. In residential subdivisions where the average lot size is greater than 35,000 square feet in area (in these instances, sidewalks are required on one side of the street);
3. Along alleys;
4. On frontages adjacent to NCDOT full control access roadways; and
5. When an in-lieu fee consistent with the City's fee schedule is determined to be appropriate by the City.
ii. Revised:
a. Location
Sidewalks shall be required on both sides of all streets, except:
1. On lots or sites engaged in active agricultural uses in the AR district (in these instances, no sidewalks are required);
2. On lots or sites petitioning for voluntary annexation with an initial zoning designation of LI and/or HI (Industrial) and engaged in active industrial uses (in these instances, no sidewalks are required);
3. In residential subdivisions where the average lot size is greater than 35,000 square feet in area (in these instances, sidewalks are required on one side of the street);
4. Along alleys;
5. On frontages adjacent to NCDOT full control access roadways;
6. When an in-lieu fee consistent with the City's fee schedule is determined to be appropriate by the City; and,
7. When a roadway improvement project has been programmed by NCDOT and appears on a STIP.
The below analysis outlines staff’s concerns about the amendments as proposed.
1. Amendments contradict other sections of the City’s Code of Ordinances:
As currently proposed, the exception allowing developers to forgo sidewalk construction along NCDOT roadways included in the NCDOT STIP may directly conflict with Section 30-5.F.9.c of the existing UDO. Under current regulations, Section 30-5.F.9.c already permits developers to waive sidewalk installation along state highways or routes slated for future widening or improvements by opting to provide a Payment In Lieu of Sidewalks for all or part of the required sidewalk infrastructure. Additionally, Section 30-6.A.3.e.2.f specifies that these in-lieu funds must be used exclusively for the development of new sidewalks and multi-use paths. The City actively utilizes these funds to enhance pedestrian safety, meet ADA compliance requirements, and improve overall connectivity within the sidewalk network.
The proposed amendment also conflicts with the requirements outlined in the City’s Code of Ordinances, Chapter 24 - Streets and Sidewalks. Section 24-101(b) states: 'Where any new driveway is constructed or an existing driveway reconstructed that requires a driveway permit, a city standard sidewalk shall be constructed along the entire length(s) of the property served by such driveway that abut(s) a public street.' Under this provision, when a driveway permit is required on an NCDOT-maintained highway-regardless of its inclusion in the STIP-the developer is responsible for constructing a sidewalk along the full length of the property fronting the roadway, if one does not already exist. If the proposed amendment to Chapter 30 is adopted, developments along NCDOT roadways would still be subject to Chapter 24’s sidewalk requirements, resulting in a direct conflict between the two ordinances.
2. Reliance on NCDOT STIP:
The proposed amendment relies on the inclusion of a highway in the NCDOT’s State Transportation Improvement Program (STIP). The STIP is a multi-year, fiscally constrained plan that outlines transportation projects across North Carolina that are scheduled for funding and implementation over a 10-year period. The plan is required by both state and federal law and the NCDOT updates this plan every two years.
The City has no control or input into NCDOT’s budget or scheduling for these STIP Projects. With the STIP being updated every two years, construction dates are often extended with each STIP and there are times when projects are removed from the STIP without construction or remain unfunded.
The below table shows highway projects that are located in the City of Fayetteville in the current adopted 2024-2033 STIP and how their schedules can change as shown in the Proposed 2026-2035 STIP.
Table 1. Proposed NCDOT STIP Roadway Projects
As shown in the table, many of these projects are not funded or are currently funded only for Preliminary Engineering and do not have a scheduled construction date. Additionally, some projects listed in the current STIP are slated for removal in the proposed STIP, while others face further delays in their construction timelines. If the proposed amendment is adopted, sidewalks associated with development or redevelopment along these highways would not be required. Sidewalk construction would be deferred until NCDOT advances the corresponding roadway projects.
Another important factor is the cost of constructing sidewalks as part of NCDOT roadway projects. If a sidewalk already exists, NCDOT will replace it at no cost to the City. However, if no sidewalk is present, the City must request its inclusion in the project and enter into a Municipal Agreement with NCDOT. Under this agreement, the City is typically responsible for covering 20% to 50% of the sidewalk construction cost, depending on the funding source. As proposed, the amendment would shift this financial responsibility to City residents.
3. Raeford Road U-4405 Example:
A real-world example can be seen in the ongoing NCDOT roadway project U-4405 along Raeford Road, which runs from Old Raeford Road to east of Robeson Street. This project can help to illustrate how the proposed amendment could negatively impact pedestrian accessibility and connectivity within the City. The Raeford Road Corridor Study, completed in 2010, was a collaborative effort between FAMPO, NCDOT, and the City of Fayetteville. The U-4405 project was introduced in the 2012-2018 State Transportation Improvement Program (STIP) as a plan to widen and improve Raeford Road. Since then, the project has been divided into three phases: U-4405A began construction in 2022, U-4405B is set to begin in 2025, and U-4405C is scheduled for 2029. Portions of this corridor have been programmed in the STIP between 10 and 17 years.
Had the proposed amendment been in effect during this time, no development along Raeford Road since 2012 would have been required to install sidewalks. However, under the current ordinance, which does not exempt sites along roadways with planned STIP projects, approximately 12,708 linear feet (2.4 miles) of sidewalk were installed by 23 developments prior to roadway construction. This developer installed sidewalk contributed to improved pedestrian connectivity, mobility, and safety along the corridor as well as reducing the cost to the City to install sidewalk an estimated $650,000 as part of the roadway project.
4. Unintended Consequences:
An unintended consequence of approving the amendment as presented is that properties along major thoroughfares with existing sidewalks could be redeveloped without any requirement for developers to reconstruct sidewalks or implement necessary pedestrian improvements, such as ADA-compliant wheelchair ramps. As a result, this amendment could lead to a reduction in the existing sidewalk network, compromising pedestrian safety and connectivity
5. City’s Sidewalk Program:
The proposed amendment directly conflicts with City Council Strategic Priority 4: Evaluate and Expand Transportation and Other Connectivity for Residents. By removing development requirements for sidewalk construction along the City’s most heavily trafficked corridors, the amendment undermines efforts to enhance pedestrian safety, promote walkability, and ensure equitable access to transportation infrastructure. Sidewalks are critical to connecting residents to schools, jobs, transit, and essential services. Eliminating this requirement not only jeopardizes safety along high-volume roads but also risks creating fragmented, inaccessible neighborhoods. This shift in policy would be a significant step backward in achieving a more connected, inclusive, and resilient city.
6. Sidewalk Plans and Funding
The Comprehensive Pedestrian Plan Update is the City’s plan for the next 20 years for sidewalk installation across the City and is an update to the 2020 Pedestrian Plan. The City of Fayetteville partnered with NCDOT to conduct a planning process to enhance pedestrian safety and comfort within city limits. The study involved technical analysis, coordination with agencies, and input from the community to develop pedestrian project recommendations. The update to the Fayetteville Pedestrian Plan focused on enhancing the network of multimodal facilities and developing projects, programs, and policies for implementation. The plan presented 144 recommended pedestrian projects throughout Fayetteville, representing both intersection enhancements and corridor wide improvements. The total estimated cost of the plan is $769.51 million dollars and would construct approximately 146 miles of sidewalk.
The Supplemental Fayetteville Comprehensive Pedestrian Plan Study includes a detailed analysis of all school service areas to identify gaps in the pedestrian network. This analysis identified pedestrian safety improvement projects to expand the walkable areas around public schools. The study developed 26 cut sheets for pedestrian improvement projects near schools, and 12 cost estimates and more detailed recommendations for the highest-prioritized schools.
At the June 2, 2025 Council work session, City Council unanimously passed a motion to approve the Comprehensive Pedestrian Plan Update and Supplemental Pedestrian Plan Study to be placed on a Consent Agenda for adoption. Both plans will be placed on City Council agenda for the June 23, 2025 regular session.
The City historically funds sidewalk construction at $500,000 per fiscal year. In addition to historic funding, staff have leveraged grants, bonds, and other funding sources when available to plan and construct sidewalk. One of those funding sources is payment-in-lieu funding, which developers can pay under current regulations, Section 30-5.F.9.c, previously discussed under staff concerns Section 1. Should the proposed amendment proceed, payment-in-lieu funding will decrease, and planning and construction of sidewalk will be delayed. Removing or decreasing a source of funding for sidewalks opposes the actions that City Council took on June 2, 2025, and are anticipated to take on June 23, 2025.
Land Use Map and Plan Consistency
The proposed text amendment to modify sidewalk construction requirements was evaluated for consistency with the City of Fayetteville’s Future Land Use Plan, including its goals, policies, and the Future Land Use Map (FLUM). Staff finds that the proposed amendment is inconsistent with the adopted policy framework for growth and development.
Future Land Use Goals
The amendment is not consistent with several goals outlined in the Future Land Use Plan, specifically:
Goal #1: Focus value and investment around infrastructure and strategic nodes.
The amendment would disincentivize sidewalk construction in areas already prioritized for infrastructure investment, reducing walkability and long-term value.
Goal #3: Encourage redevelopment of strip commercial areas.
Eliminating sidewalk requirements on STIP-programmed corridors may deter reinvestment and pedestrian-oriented redevelopment in older commercial corridors.
Goal #4: Foster safe, stable, and attractive neighborhoods.
Sidewalks are a key public infrastructure element that support neighborhood stability, safety, and visual cohesion. The amendment introduces the risk of fragmented sidewalk networks, especially in high-traffic areas.
Land Use Policies and Strategies
The amendment is not supported by the following policies and strategies:
LU-1.6: Require adequate infrastructure to be in place prior to or in tandem with new development. The proposed exemption shifts responsibility for essential infrastructure from developers to the City, thereby contradicting this directive.
LU-4.1: Ensure new development meets basic site design standards, including sidewalks and pedestrian pathways. Reducing sidewalk requirements undermines basic design expectations for public-facing development.
LU-6.1: Encourage quality neighborhood design through maintaining and improving standards for streets, sidewalks, stormwater, and open space. Allowing exemptions in key corridors could erode connectivity, walkability, and ADA accessibility, negatively affecting neighborhood quality.
LU-9.2: Prioritize connecting neighborhoods and destinations with greenways. Sidewalks are often critical links to existing and future greenway infrastructure. Exemptions may result in permanent gaps in the pedestrian network.
Budget Impact:
Adopting the proposed amendment would impact the City’s general fund. If developers are no longer required to build sidewalks for their projects, the responsibility would shift to the City, either through direct funding or a municipal agreement with NCDOT. This would place additional strain on the City's allocated sidewalk construction budget and reduce its capacity to enhance pedestrian safety and mobility.
Options:
1. Accept the recommendation of the Planning Commission and remand all the proposed text amendments back to City Staff for further consideration and specific changes in conjunction with the most recent Pedestrian Study and explore the opportunity for a site-specific waiver recommendation.
2. Do not accept the recommendation of the Planning Commission and set the item for a public hearing.
Recommended Action:
City Council to remand all the proposed text amendments back to the City Staff for further consideration and specific changes and explore the opportunity for a site-specific waiver.
Attachments:
1. 30-5. F.9.a Current Sidewalk Exemptions
2. 30-5. F.9.a Sidewalk Exemptions Proposed Amendment
3. TA25-02 Consistency Statement
4. 24-101. Permit to Construct Required
5. 30-5.F.9.c Payment-In-Lieu
6. 30-6.A.3. Required Public Improvements
7. 2025.06.23 UDO TA on Sidewalks Presentation