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Planned Development Districts, City Code Covenants, and Rezoning Process (TC-19-20)

Planned Development Districts, City Code Covenants, and Rezoning Process (TC-19-20)

This text change brings the rezoning process into compliance with recent changes in state law; removes the requirement for recording city code covenants; allows City Council to adopt on a first reading by simple majority ordinances amending the Unified Development Ordinance (“UDO”), Official Zoning Map and conditional zoning conditions; and generally, clarifies language in UDO. Sec. 10.2.4. Read the full TC-19- 20 draft ordinance.

Text Change Overview

In 2019, with the adoption of NCGS Chapter 160D (“160D”), the General Assembly re- wrote the enabling legislation for local government regulation of land development. Primarily, TC-19-20 brings the City’s rezoning procedure into compliance with 160D.

Section 1: Repeals Sec 1.1.9 requiring developers to record a City Code Covenant for common elements and replaces it with the City Council's election to approve by simple majority the adoption, amendement, or repeal or any ordinance requiring a public hearing.

Section 2 and 3: Creates a Planned Development Conditional use (PD-CU) district to more accurately reflect current law. 

Section 4: Revises the rezoning process (Sec. 10.2.4) to:

  • incorporate zoning condition text changes (TCZ) into the map amendment (zoning amendment) process;
  • bring the rezoning process into conformity with requirements of 160D;
  • clarify application requirements;
  • revise the opportunities to amend rezoning applications (including zoning conditions) to encourage applicants to better address community concerns before review by the Planning Commission and City Council;
  • create a pre-disposition re-hearing opportunity; and,
  • generally, clarify language throughout.

Section 5: Modified definition of Planning Director to include "or designee."

Section 6: Amends all references to "conditional use district" to "conditional district" consistent with 160D.

Public Meeting Schedule

This text change is scheduled for the Planning Commission meeting on March 9, 2021. The Commission may act on that date or refer to their Text Change Committee for further discussion. We will be collecting comments here through March 10, 2021Comments after this date should be submitted directly to the Planning Commission via email.

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