Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte

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Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
►September 22, 2021

Unified Development Ordinance
 Transportation, Planning, and Environment Committee
Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
Key UDO Schedule Dates*
         OCT     Release of UDO First                   JUN    City Council Public
        2021     Public Draft                           2022   Hearing
 OCT     JAN                                            JUN
                 Public Engagement/                            Planning Committee
2021 2022        Comments on First Draft                2022
                                                               Recommendation
         MAR                                             JUL
                 Release of     2nd   UDO                      Adoption Draft
        2022     Draft                                  2022

MAR      APR                                             JUL
                 Public Engagement/                            Additional Comments
2022 2022        Comments on 2nd Draft                  2022   Directly to Council
         MAY                                             JUL
                 Council Public
        2022                                            2022   UDO Adoption
                 Hearing Draft
*Regular TPE Committee updates throughout the process
Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
What is the Connection?
               Vision                                                      Implementation
            Policies & Plans                                               Regulations & Ordinances

                                           Unified Development Ordinance
                                                                               Zoning Ordinance
                                                                                    Subdivision
                                                                                   (Chapter 20)
                                                                                      Trees
                                                                                   (Chapter 21)
                                                                                Streets & Sidewalks
                                                                                    (Chapter 19)
                                                                           Post-Construction Stormwater
                                                                                    (Chapter 18)
                                                                               Floodplain Regulations
                                                                                     (Chapter 9)
                                                                                   Erosion Control
       Additional Council-Adopted
                                                                                    (Chapter 17)
         Development Policies
                                                                            Driveway/Access Regulations
Policy Guidance for Growth & Development
Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
Who is Developing the UDO?
            • Planning, Design &
              Development Staff team
            • City/County
              Interdepartmental Staff
              Team
            • UDO Advisory Committee
              (OAC)
            • Consultants
            • Legal Review
Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
How are we Engaging People?
• Videos and information on CharlotteUDO.org
    and PD&D websites
•   Extensive public comment opportunities
•   A range of virtual and in-person meetings
    and events
•   Regular social media posts
•   Review of comments and redline revisions
    for subsequent UDO drafts
•   The UDO Advisory Committee (OAC)
    continues to serve in its advisory capacity
    through public hearing
Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
UDO Outline
• Introductory Provisions
• Zoning
  • Districts
  • Uses
  • General Development Standards
• Subdivision, Streets, and Infrastructure
• Stormwater and Natural Resources
• UDO Administration and Approvals
Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
Proposed UDO Articles
ORDINANCE INTRODUCTION                                       Article 12. Regional Center Districts: RAC, UE, and UC     Article 26. Surface Water Improvement & Management
                                                                                                                        (SWIM) Buffers
Article 1: Title, Purpose, & Applicability                   Article 13. Transit Oriented Development Districts: TOD-
                                                             TR, TOD- CC, TOD-NC, TOD-UC                                Article 27. Floodplain Regulations
Article 2: Rules of Construction and General Definitions
                                                             SPECIAL PURPOSE AND OVERLAY DISTRICTS                      Article 28. Soil Erosion and Sedimentation Control
ZONING INTRODUCTION                                                                                                     Article 29. Tree Protection
                                                             Article 14. Special Purpose Districts
Article 3. Zoning Districts and Zoning Map
                                                             USES                                                       SUBDIVISION, STREETS, & INFRASTRUCTURE
NEIGHBORHOOD PLACE TYPE DISTRICTS
                                                             Article 15. Use Regulations                                Article 30: Introduction
Article 4. Neighborhood 1 Residential Districts: N1-A, N1-
                                                                                                                        Article 31: Subdivision
B, N1-C, N1-D, N1-E, N1-F                                    GENERAL DEVELOPMENT ZONING
Article 5. Neighborhood 2 Residential Districts: N2-A, N-    REGULATIONS                                                Article 32: Network, Cross-Access, and Driveway
2B and N2-C                                                                                                             Regulations
                                                             Article 16. General Development Standards
                                                                                                                        Article 33: Required Streets and Right-of-Way
EMPLOYMENT PLACE TYPES DISTRICTS                             Article 17. Accessory Structures
                                                                                                                        Article 34: Standards for Streets, Off-Street Public Paths,
Article 6. Commercial Districts: CG and CR                   Article 18. Architectural Features                         and Cross-Access
Article 7. Campus Districts: IC-1, IC-2, and OFC             Article 19. Off-Street Parking                             Article 35: Infrastructure
Article 8. Manufacturing and Logistics Districts: ML-2 and   Article 20. Loading and Service
ML-2
                                                                                                                        ADMINISTRATION
                                                             Article 21. Landscape and Screening                        Article 36. UDO Bodies and Administrators
Article 9. Innovation and Mixed-Use District: IMU
                                                             Article 22. Signs                                          Article 37. General Process
CENTERS PLACE TYPE DISTRICTS
                                                             STORM WATER & NATURAL RESOURCES                            Article 38. Development Approvals
Article 10. Neighborhood Center District: NC
                                                             Article 23. Water Supply Watershed Protection              Article 39. Nonconformities
Article 11. Community Center Districts: CAC-1 and CAC-2
                                                             Article 24. Storm Drainage Regulations                     Article 40. Enforcement
                                                             Article 25. Post Construction Stormwater Regulations

    Zoning Articles            Storm Water & Natural Resources Articles               Subdivision, Streets & Infrastructure Articles                 Administration Articles
Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
Mixed-Use/Non-Residential Place Types
MANUFACTURING & LOGISTICS    INNOVATION MIXED-USE

                            Mixed-Use/Non-Residential Zoning Districts
     ML-1                        IMU                  IC-1             NC           CAC-1                 RAC              CG
Manufacturing                Innovation             Institutional   Neighborhood     Community            Regional         General
& Logistics 1                Mixed-Use               Campus 1          Center      Activity Center 1   Activity Center   Commercial

     ML-2                                             IC-2                          CAC-2                   UE             CR
                                                    Institutional                    Community         Uptown Edge
Manufacturing                                                                                                             Regional
& Logistics 2                                        Campus 2                      Activity Center 2
                                                                                                           UC            Commercial
                                                      OFC                                              Uptown Core
                                                    Office Flex                        TOD
                                                     Campus                Transit Oriented Development
Unified Development Ordinance - Transportation, Planning, and Environment Committee - City of Charlotte
Neighborhood Zoning Districts
                                  ZONING DISTRICTS

                 N1-A                       N1-B                   N1-C
              Comparable to R-3          Comparable to R-4      Comparable to R-5

PLACE TYPE       N1-D                       N1-E                    N1-F
             Comparable to R-6/R-8       Comparable to UR-1   Small TH/MF on Arterials

                                  ZONING DISTRICTS

                N2-A                       N2-B                   N2-C
              Townhomes/ Attached         Townhomes/Multi-          Multi-Family/
              Multi-Family/ Other Low-     Family Dwellings      Townhome Dwellings
PLACE TYPE      Intensity Residential
Overlay and Special Purpose Districts

HDO CCO NCO                                                        RIO
Historic District    Cottage Court       Neighborhood            Residential Infill
    Overlay             Overlay         Character Overlay            Overlay

  MHO                      MHP                      ANDO
 Manufactured Home       Manufactured Home          Airport Noise Disclosure
      Overlay               Park District                   Overlay
N1 Policy + Place Types + Regulations
            POLICY                          PLACE TYPES      REGULATIONS

                                                             N1-A        N1-B
Policy 2.1 (partial): “…Allow
single-family, duplex, and triplex
housing units, as well as small footprint
homes and accessory dwelling units
(ADUs), in neighborhood Place Types
and corresponding zoning districts                           N1-C       N1-D
where single-family housing is
allowed…

…Site development standards will                             N1-E        N1-F
be specified within the Unified
Development Ordinance (UDO) such
as residential lot size, setbacks, scale,                    Unified Development
height, parking, and other dimensional                             Ordinance
standards.”
                                            Neighborhood 1
N1 Districts Overview
                    Goal:           •   Single-family, duplex, and triplex dwellings allowed on
   N1-A             Increased
                                        any lot
                                    •   ADUs allowed on lots with single-family dwelling
                    Housing
   N1-B             Opportunities
                                    •   Quadraplex allowed on arterial streets when an affordable
                                        housing units is provided

   N1-C             Goal: Respect   •   Minimum lot sizes vary by district but are the same for all
                                        dwelling types
                    Established     •
   N1-D
                                        Front, side and rear setbacks vary by district but are the
                    Neighborhood        same for all dwelling types
                    Character       •   Only one driveway allowed per street frontage

   N1-E                             •   Parking for duplexes, triplexes and quadraplexes to the
                                        side or rear of a dwelling
(Replaces current                   •   Maximum height for duplexes and triplexes in established
R-3, R-4, R-5, R-                       neighborhoods based of height of nearby dwellings
6, R-8, and UR-1)
Alternative Development Options

Cottage Court Overlay       Neighborhood Character     Residential Infill Overlay
                                   Overlay

        Conservation Development             Mixed-Income Bonus
Subdivision, Streets, and Infrastructure (SSI)
                 New Concepts
Goal: Increase Connectivity
• Apply street connectivity standards/thresholds for all development
   (not just new subdivisions)
• Apply standards/thresholds for cross-access drives between
   development

Goal: Walkable & Transit Infrastructure
• Apply 6-foot minimum sidewalk width city-wide (currently 5 feet)
• Allow flexibility in streetscape standards in constrained
   conditions
• Apply Rapid Transit Corridor reservation standards to all zoning
   districts (not just TOD) to protect ROW needs
• Apply standards/thresholds for bus shelter and transit amenity
   investment
Subdivision, Streets, and Infrastructure (SSI)
                  New Concepts
Goal: Plan for Our Future Street Needs
• Apply Streets Map standards city-wide to protect ROW/width for
   future multi-modal street investment
• Apply standards/thresholds for new curb construction at the
   future street width in select situations (“move the curb”)

Goal: Ensure Growth Accounts for
Impact
• Apply Transportation Impact Study (TIS) guidelines consistently
   for all development (by-right & rezoning)
• Apply updated TIS standards/thresholds that incentivize multi-
   modal and transportation demand management (TDM)
   mitigation
Storm Water & Natural Resources
           New Concepts
Goal: Consolidate and Align Stormwater
Requirements
• Alignment to comply with 2018 session
  law changes

Goal: Reduce Flood Risk and Protect
Surface Water Quality
• Facilitate review of infill and smaller developments
  for adequate drainage infrastructure
• Align applicability for residential and commercial
  developments
• Align ordinance requirements across all land use types
Storm Water & Natural Resources
         New Concepts
Goal: Protect and mitigate loss of
large, healthy, mature trees
• Protect native trees 30” or greater (Heritage trees)
• New regulations that address trend of significant
  tree canopy loss on smaller infill development

Goal: Increased flexibility
• Revised tree save approach
   • Additional options
   • Credit for higher quality trees
   • Revised applicability and exemptions
UDO Economic Analysis
• Purpose: Understand the financial impacts (both cost savings and additional
  costs) of regulatory changes proposed by the UDO
• Project team will include Planning, Economic Development, and EPS
  (Consultant)
• Consultant will create financial models for different development
  prototypes
• Process will include development community stakeholder groups to
  identify inputs to models and to identify regulatory changes that may create
  tangible financial impacts
• If analysis shows substantial feasibility challenges for a development
  prototype, model can help to tailor regulatory approaches
• Results of analysis to be completed by early-2022
UDO Administration
               New Concepts
Goal: Consolidated and Coordinated
Administration Approach
• Designate a UDO Administrator to coordinate administration of the UDO
• Assign subject specific administrators to manage individual sections of
   the UDO (for example, Zoning Administrator)
• Establish a UDO Board of Adjustment to hear all UDO variances and
   appeals

Goal: Manage UDO Conflicts related to site
specific conditions
• Standards designed to anticipate potential conflicts
• UDO Administrator to work with subject specific administrators to quickly
   and efficiently address unanticipated conflicts
September 22 Update
Transportation, Planning, and Environment Committee
NCO             Neighborhood Character Overlay District
A. Purpose
Establishes regulations to preserve the existing character of a neighborhood and
enhance its unique natural and architectural resources, while helping to foster compatible
development within neighborhoods.

B. Applicability
 •   An NCO District may only be applied to a N1-A, N1-B, N1-C or N1-D District.
 •   Once the NCO District is established, all new residential construction, additions, changes,
     expansions, and alterations to existing structures shall comply with the standards of the
     Neighborhood Character Plan that has been adopted with the NCO District.
NCO                Neighborhood Character Overlay District

C. Eligibility
A majority of properties in an NCO District shall share one or more of the following criteria,
thereby creating a cohesive and distinctive setting, character, or association:
  a. Consistency in scale, proportion, and rhythm.
  b. Similarity in disposition of on-site elements such as vehicle parking, landscape or tree save areas, and
     accessory structures.

In addition to item 1 above, an NCO District shall meet the following standards:
  a. A minimum of one blockface and include all lots located within the blockface.
  b. The general pattern of development, including streets, lots, and buildings, for the proposed overlay district was
     established at least 25 years prior to the date of consideration of the NCO district designation.
  c. A minimum of 75% of the lots within the proposed overlay district are developed.
  d. An NCO District may not be applied over any lots zoned the Historic Overlay District.
NCO               Neighborhood Character Overlay District
    D. Standards for NCO Districts
    1. Residential Development Standards
    The following standards may be modified within a specific NCO
    District’s Neighborhood Character Plan.

      •   Minimum and/or maximum lot area, lot width, frontage, setbacks
      •   Maximum height for principal and accessory buildings
      •   Maximum building coverage
      •   Surface parking (total square footage and location)
      •   Enhanced tree planting/protection standards
•

    2. Uses and Standards

The uses allowed in the underlying zoning district apply. Where no
alternative standards are specified in the Neighborhood Character Plan, those of
the underlying district apply.
NCO          Neighborhood Character Overlay District
                           E. Approval Process

         1
     Request to Initiate
                               2                  3                   4
                           Determination of     Public Info        Neighborhood
  Neighborhood Character
       Plan Process           Eligibility       Meeting for        Character Plan
                                                 Eligibility

         7                                        6                   5
  Map Amendment and                           Petition for Map   Public Info Meeting
 Neighborhood Character                        Amendment          for Neighborhood
      Plan Adopted                                                  Character Plan
RIO          Residential Infill Overlay District
                                 •   Facilitate residential infill development in N1
                                     districts.
                                 •   Maintain and complement existing
                                     neighborhood pattern and scale through
                                     specific controls addressing height and dwelling
                                     unit size.
                                 •   Must have at least 50 contiguous lots.
                                 •   May be initiated by majority vote of City
                                     Council or 60% of property owners within the
                                     designated geographical area.

Residential infill
                                 •   Overlay district can be used in any N1-A
                                     through N1-E zoning district.
RIO   Residential Infill Overlay District
                    •   Building sidewall height limited to the greater of
                        the following:
                         o 12’ or average sidewall height of adjacent
                           building sidewalls
                    •   Building height increase allowed – 1’ of
                        additional height for 1’ of setback, up to maximum
                        height in district
                    •   Provisions for dormers and gable ends
                    •   Maximum building size (total heated square
                        footage), allowed to be the greater of:
                         o Average square footage for single family structures
                           on block face and block face across the street
                         o 800 square feet per unit in proposed building
                    •   Single-family dwellings allowed to exceed maximum
                        building size by additional 25%
Mixed-Income Residential Development
•   Allows for an increase in development intensity in exchange
    for the provision of a mixture of affordable and market-rate
    housing units, expanding housing options and opportunities

•   May be used in N1-A, N1-B, N1-C, and N1-D districts

•   Minimum development site of one acre.

•   Allows development under the standards of the next district of
    greater intensity:
      o   N1-A to N-1B
      o   N-1B to N-1C
      o   N-1C to N-1D
      o   N-1D to N-1F

•   50% of additional units allowed by bonus to be set aside for
    households earning 80% of Area Median Income (AMI)
Approach to Vehicle Parking Standards
            • Charlotte developed in the 20th century as an auto-
              oriented city.
            • Recent policies (including the Comp Plan) call for a
              greater emphasis on multi-modal transportation
              options.
            • UDO parking requirements have been designed to place
              less emphasis on accommodating personal
              vehicles.
            • The UDO proposes to use a using a 3-tier approach
              based on zoning districts .
            • The proposed zoning districts are sorted into one of the
              three tiers based on transportation and
              development goals.
3-Tier Approach to Parking Requirements

         Minimum off-street                ML-1    ML-2     IC-1    OFC
TIER 1   parking requirements. No
         maximum parking limits.           MHP    N1(all) N2-A       N2-B

         Both minimum and
         maximum off-street
                                           IMU     IC-2     NC     CAC-1
TIER 2   parking requirements
         apply.                             CG        CR    N2-C

         No parking minimums, except
                                           CAC-2      RAC
TIER 3   for a limited number of uses in
         certain locations. Maximum
         parking limits apply.             TOD(all)    UE    UC
3-Tier Approach to Parking Requirements
                •
   TIER 1       •
                    Minimum off-street parking requirements
                    No maximum parking
                •   ML-1, ML-2, IC-1, OFC, MHP, N1 (all), N2-A,
                    N2-B
                     Single-family: 2 spaces per unit
                     Other residential: 1.5 spaces per unit
                •   Non-residential
                       Typical standard: 1 space per 500 square feet
                        (gross)
                •   Some uses have different parking standards
                    based on their unique characteristics. Car
                    wash and correctional facilities are examples.
3-Tier Approach to Parking Requirements
              •
  TIER 2
                  Includes both minimum and maximum off-street
                  parking requirements
              •   Maximum does not apply to parking structures
              •   IMU, IC-2, NC, CAC-1, CG, CR, N2-C
              •   Residential
                   Minimum: 1 space per unit
                   Maximum: 1 space per bedroom
              •   Non-residential
                   Typical minimum: 1 space per 750 square feet (gross)
                   Typical maximum: 1 space per 250 square feet (gross)
              •   Some uses have different parking standards based
                  on their unique characteristics.
3-Tier Approach to Parking Requirements
 TIER 3     •   Approach based on TOD districts
            •   Focus on maximum off-street parking requirements
            •   CAC-2, RAC, TOD, UE, UC
            •   Minimum:
                   Only applies to live performance venues, micro-production of alcohol (excluding
                    brewing facilities), nightclubs, and restaurants/bars within 200’ of N1 zoning
                   Multi-family residential minimum of 1 space per dwelling unit within 200’
                    of N1 place type
                   Tier 3 required parking minimums for residential dwellings may be reduced
                    or eliminated with a local City parking permit program or parking
                    study/strategy to reduce parking demand approved by the Planning Director
            •   Maximum
                   Residential: Typically 1 space per bedroom
                   Non-residential: Typically ranges from 1 space per 200 square feet (gross) to
                    one space per 300 square feet (gross)
Questions & Comments
Transportation, Planning
& Environment Committee

   22 September 2021
Purpose
Agenda
•   Overview
    -   What is a vision plan
        & why it matters
    -   Public review process

•   What We’ve Been Hearing
    -   Key themes

•   What’s Next & Discussion
Overview
What is a Vision Plan
& Why Does it Matter?
• “Big Picture” vision for growth of urban core

• Reflective of community ideas & aspirations

• High level policies, programs & projects

• Guide city-building decisions & achieve community
  goals

• Overarching themes:
   - Insuring equity & opportunity
    -   Improving mobility network
    -   Supporting maturation of neighborhoods
What is a Vision Plan
& Why Does it Matter?
• Legacy of intentional planning

• Momentum not shared by all

• Free market alone will not address equity

• Purposeful, inclusive & intentional

• This plan is different
Study Area
Public Review Period
• Draft released 23 July
   - 7-week timeframe
   - Through 13 September

• Channels / Methods
   - Media stories & interviews
   - Direct email to subscribers / followers
   - Social media
   - Hard copies at library branches

• Community & stakeholder group meetings
Public Review Period
• Engagement Data
   - 39 invitations to engage
   - 710 responses
   - 210 unique comments

• Key Themes
   - Transportation & sustainability
   - Desire for more parks & open space
   - Complete neighborhoods
What We’ve Been Hearing
I Like It!
Goals                            Focus Areas
• Improvements to bike           • Strong response to Queen’s
  & pedestrian friendly            Park
  connections have been
  made…keep it going!            • Prioritize investment in the
                                   North Tryon Corridor
• Creating interconnected          & Historic West End
  parks & open spaces better
  than developing in isolation   • Limit expansion of
                                   Overstreet Mall to create
• More urban density is a          more street-level
  good thing & can help drive      pedestrian activity Uptown
  costs down
Needs Work
Goals                             Focus Areas
• Too much parking Uptown         • Uptown will never become
  & South End                       vibrant place without healthy
                                    shopping / retail experience
• Recommendations to
  address heat island effect in   • Need more specificity on
  Uptown & other                    addressing / improving
  neighborhoods                     EpiCentre

• Advocate more strongly for      • Address pedestrian
  more for-sale housing             environment on Beatties Ford
  particularly Uptown               bridge over Highway 16

• Address homelessness &
  panhandling to create
  better sense of safety
New Ideas
Goals                             Focus Areas
• Fare free transit zone within   • Second Ward High School
  Route 4                           should partner with
                                    community college & have
• Require multi-family              trades training
  development to include
  childcare facilities            • Expand on street vendor
                                    program & pop-up shops
• Require & promote clean &         beyond Tryon Street
  sustainable construction
  methods
What’s Next
What’s Next
19 Oct          Planning Committee referral

25 Oct          TPE Committee return

TBD October     CMS School Board presentation

TBD November City Council public hearing & adoption

                Board of County Commissioners
                endorsement
Discussion
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