1. 2. 3. Approval Of Minutes - December 2, 2015 - 2 ...

Call To Order

Announcements - 2 Minutes

Approval Of Minutes - December 2, 2015 - 2 Minutes

JCCPC MINUTES 12-02-15-DRAFT.PDF

City And County Managers' Priority Items - 5 Minutes

Unified Development Ordinance Text Amendment, Reasonable Accommodation (TC1500006) - 10 Minutes

Staff Resource: Supriya Chewle, Senior Planner

TC1500006 MEMO - REASONABLE ACCOMMODATION ORD-FINAL.PDF

Unified Development Ordinance Text Amendment, Technical Updates – Graphics (TC1500002) - 15 Minutes

Staff Resource: Michael Stock, AICP, Senior Planner

TC1500002-TECHNICAL UPDATES - GRAPHICS - UDO TEXT AMENDMENT.PDF

Unified Development Ordinance Text Amendment, Technical Changes – Legislation (TC1500007) - 15 Minutes


TC1500007 UDO TEXT AMENDMENTS, TECHNICAL CHANGES -LEGISLATION.PDF

Station Area Infrastructure Study: Existing Conditions And Strategic Corridors Technical Appendix - 15 Minutes

Staff Resource: Kayla Seibel, Planning Intern

SASI JCCPC PPT PRESENTATION.PDF

FY 16-17 Planning Department Work Program Discussion - 15 Minutes

Staff Resource: Steven Medlin, AICP, Director

FY16-17 WORK PROGRAM.PDF

Adjournment

Total Time: 1 hour 20 minutes

Notice Under the Americans with Disabilities ActA person with a disability may receive an auxiliary aid or service to effectively participate in city government activities by contacting the ADA Coordinator, voice 919-560-4197, fax 560-4196, TTY 919-560-1200, or [email protected], as soon as possible but no later than 48 hours before the event or deadline date.

Aviso bajo el Acto de Americanos Discapacitados – Una persona con una discapacidad puede recibir asistencia o servicio auxiliar para participar efectivamente en actividades del gobierno de la ciudad con ponerse en contacto con el Coordinador de ADA, buzón de voz 919 -560-4197, fax 919-560-4196, TTY 919-560-1200, o [email protected], lo más antes posible pero no menos de 48

horas antes del evento o fecha indicada.

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mailto:[email protected]


Call To Order

Announcements - 2 Minutes

Approval Of Minutes - December 2, 2015 - 2 Minutes

JCCPC MINUTES 12-02-15-DRAFT.PDF

City And County Managers' Priority Items - 5 Minutes

Unified Development Ordinance Text Amendment, Reasonable Accommodation (TC1500006) - 10 Minutes

Staff Resource: Supriya Chewle, Senior Planner

TC1500006 MEMO - REASONABLE ACCOMMODATION ORD-FINAL.PDF

Unified Development Ordinance Text Amendment, Technical Updates – Graphics (TC1500002) - 15 Minutes


TC1500002-TECHNICAL UPDATES - GRAPHICS - UDO TEXT AMENDMENT.PDF

Unified Development Ordinance Text Amendment, Technical Changes – Legislation (TC1500007) - 15 Minutes


TC1500007 UDO TEXT AMENDMENTS, TECHNICAL CHANGES -LEGISLATION.PDF

Station Area Infrastructure Study: Existing Conditions And Strategic Corridors Technical Appendix - 15 Minutes

Staff Resource: Kayla Seibel, Planning Intern

SASI JCCPC PPT PRESENTATION.PDF

FY 16-17 Planning Department Work Program Discussion - 15 Minutes

Staff Resource: Steven Medlin, AICP, Director

FY16-17 WORK PROGRAM.PDF

Adjournment

Total Time: 1 hour 20 minutes

Notice Under the Americans with Disabilities ActA person with a disability may receive an auxiliary aid or service to effectively participate in city government activities by contacting the ADA Coordinator, voice 919-560-4197, fax 560-4196, TTY 919-560-1200, or [email protected], as soon as possible but no later than 48 hours before the event or deadline date.

Aviso bajo el Acto de Americanos Discapacitados – Una persona con una discapacidad puede recibir asistencia o servicio auxiliar para participar efectivamente en actividades del gobierno de la ciudad con ponerse en contacto con el Coordinador de ADA, buzón de voz 919 -560-4197, fax 919-560-4196, TTY 919-560-1200, o [email protected], lo más antes posible pero no menos de 48

horas antes del evento o fecha indicada.

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http://nc-durham.civicplus.com/7941b682-7df3-41a0-857d-2bc65c45644a

Not Yet Approved Page 1 of 3

DRAFT

J o i n t C i t y - C o u n t y P l a n n i n g C o m m i t t e e

M I N U T E S December 2, 2015 9:30 a.m. 2nd Floor Committee Room 101 City Hall Plaza Durham, NC 27701

Members Present:

Wendy Jacobs, Chair, County Commissioner Don Moffitt, Vice Chair, City Council Diane Catotti, City Council David Harris, Planning Commission Brenda Howerton, County Commissioner Michael Page, County Commissioner

Members Absent: Nonvoting Members Present: Nonvoting Members Absent:

Cora Cole-McFadden, City Council Steven L. Medlin, AICP, City-County Planning Director Wendell Davis, County Manager Keith Chadwell, Deputy City Manager

Staff Present:

Don O’Toole, Deputy City Attorney Bryan Wardell, Deputy County Attorney Patrick O. Young, AICP, Assistant Planning Director Sara M. Young, AICP, Assistant Planning Director Aaron Cain, AICP, Planning Supervisor Teri Danner, AICP, Planning Supervisor Bo Dobrzenski, AICP, Planning Supervisor Grace Smith, AICP, Planning Supervisor Scott Whiteman, AICP, Planning Supervisor Supriya Chewle, AICP, Senior Planner Lisa Miller, AICP, Senior Planner Michael Stock, AICP, Senior Planner Laura Woods, AICP, Senior Planner Karen Swope, Senior Planner Amy Wolff, Senior Planner Hannah Jacobson, AICP, Planner Kathleen Snyder, Planner


Kyle Taylor, Planner Jacob Wiggins, Planner Susan Cole, Executive Assistant Joanne Gordon, Executive Assistant Lee Davis, Administrative Assistant Kayla Siebel, Planning Intern

1. Call to Order/Roll Call Chair Jacobs called the meeting to order at 9:32 a.m.

2. Adjustments to the Agenda

None

3. Announcements Joint City-County Planning Committee members recognized and thanked Ms. Catotti for her support over the past 12 years, on the City Council and on the Joint City-County Planning Committee. Mr. Medlin extended his gratitude on behalf of himself and the Planning Department and thanked Ms. Catotti for all her efforts and support given to the Planning Department.

4. Approval of the Minutes – October 7 2, 2015

MOTION: Approval of the October 7, 2015 minutes. (Ms. Catotti, Mr. Harris 2nd) ACTION: Motion approved 6-0

5. City and County Manager’s Priority Items None

6. Legislative Mandated Text Amendments Update Mr. Stock gave an update to the new statutory changes for the following laws:

• SL2015-1, Environmental Laws • SL2015-82, Durham Voluntary Annexation/ROW • SL2015-86, Zoning/Design and Aesthetic Controls • SL2015-103, Local Government Regulatory Reform • SL2015-104, Allow Seating for Food Stands • SL2015-149, Stormwater/Built-upon Area • SL2015-160, Zoning Changes/Citizen Input • SL2015-187, Subdivision Ordinance/Land Development Changes • SL2015-192, Ordinances Regulating Animals • SL2015-241, Current Operations and Capital Improvements Appropriations Act of 2015 • SL2015-246, Local Government Regulatory Reform of 2015 • SL2015-264, GSC Technical Corrections 2015 • SL2015-286, Regulatory Reform Act of 2015

Mr. Stock and Mr. O’Toole clarified several rule changes for the members.


No action was required or taken. 7. Reasonable Accommodation Text Amendment

Ms. Chewle presented the report, stating that they were looking for feedback from the commission about the proposed revisions to allow for reasonable accommodations in the Unified Development Ordinance. Ms. Catotti suggested that this be shared with the Mayor’s Disability Group for additional comments. Mr. Whiteman stated that he will bring a fully written-up report back to the next meeting.

8. Comprehensive Plan Amendments and Zoning Changes

Ms. Smith briefed the Committee on four applications that were received between June and August, 2015. No action was required or taken. The applications were: • Cornwallis Road Property II Plan Amendment Case A1500012 Case: Z1500031 • TW Alexander/55 Multi-family Plan Amendment Case: A1500013 Zoning Case: Z1500032 • North Roxboro Storage

Plan Amendment Case: A1500013 Zoning Case: Z1500034

• Murphy USA Zoning Case: Z1500035

No action was required or taken.

9. WCF Update Mr. Stock updated the Committee on the technical modifications to the WCF regulations that were approved earlier this year. The measurement for setbacks will be adjusted for the tower only and not the actual facilities, the previous measurements were from the facilities and compound. The setbacks and additional height to existing towers that may be non-conforming due to new setbacks could not qualify as eligible facilities basically considering setbacks as a safety code issue, and that there was legal issue that came out that they could not set that standard as a safety code issue. Mr. Stock and Mr. Medlin clarified questions asked by the Committee.

No action was required or taken. 10. Election of Officers: Chair Motion: Elect Don Moffitt as Chair. (Mr. Harris, Ms. Catotti 2nd)

Vice Chair Motion: Elect Michael Page as Vice Chair. (Ms. Howerton, Ms. Catotti 2nd) 11. Adjournment The meeting adjourned at 10:36 a.m.

CITY OF DURHAM | DURHAM COUNTY NORTH CAROLINA

Page 1 of 3

Date: February 3, 2016 To: Members of the Joint City‐County Planning Committee Through: Steven L. Medlin, AICP, Planning Director From: Supriya Chewle, AICP, Senior Planner Subject: Unified Development Ordinance Text Amendment, Reasonable

Accommodations (TC1500006) Summary. The purpose of this report is to receive comments from the Joint City‐County Planning Committee (JCCPC) regarding proposed revisions to the Unified Development Ordinance (UDO) to allow reasonable accommodations to UDO requirements. Staff has developed regulations and a procedure to seek reasonable accommodations. The federal Fair Housing Amendment Act (FHA) of 1988 and the American with Disabilities Act (ADA) prohibit discrimination against individuals with disabilities in housing, and require local governments to be flexible in the application of land use, zoning and building regulations when accommodations may be necessary to afford disabled persons an equal opportunity to housing. To better comply with the FHA and ADA requirements, staff is proposing revisions to establish a formal procedure for persons with disabilities to seek reasonable accommodations to UDO requirements, and to establish criteria to be used when considering such requests. Staff, upon review of similar ordinances of other jurisdictions, proposes to establish a reasonable accommodations process that would require a quasi‐judicial hearing and approval by the Board of Adjustment. The proposal also includes revisions to the UDO definition of “family” with regard to “reasonable accommodations” and the requirements of the FHA.

Recommendation. The staff recommends that the JCCPC receive this draft text amendment for review and provide comment and policy direction.

Background. Three federal laws and one North Carolina state law specifically prohibit housing discrimination that acts as a barrier to individuals with disabilities who are seeking housing.

The federal laws are: 1. The Fair Housing Amendment Act, 42 U.S.C. § 3601 et. seq., (“Fair Housing Act”),

makes it unlawful to discriminate, make unavailable, or otherwise deny a dwelling to any person because of a handicap. See id. at § 3604(f).; and

JoanneG

Typewritten Text

Attachment 6

Durham Joint City‐County Planning Committee Informational Item: Reasonable Accommodations February 3, 2016

Page 2 of 3

2. The Americans with Disabilities Act, 42 U.S.C. § 12102(1) (“ADA”), prohibits discrimination against persons with disabilities.

Pursuant to the Fair Housing Amendment Act and the ADA individuals with handicaps or disabilities are defined in the following manner:

an individual with a physical or mental impairment that substantially limits one or more major life activities;

an individual with a record of having such an impairment; or

an individual regarded as having such an impairment.

By way of example, mental or physical impairment may include blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness. The following persons are not included in the definition of individuals with a handicap or disability:

current users of illegal controlled substances;

those who present a direct threat to other people or to the property of others (this determination must be made on an individualized basis and not based on general assumptions regarding the nature of the individual’s disability);

persons convicted of the illegal manufacture or distribution of a controlled substance;

juvenile offenders; and

sex offenders. Issues. Many jurisdictions in North Carolina have relied upon existing variance and/or special use permit procedures to handle requests for reasonable accommodation. However, the legal standard for granting a reasonable accommodation differs from the standard applicable to a variance or a special use permit application. A reasonable accommodation request must be granted if it is both “reasonable” and “necessary”. In addition, there is generally a requirement to verify that the request is to accommodate a person or persons with a handicap or disability. Examples of the type of requests that may be made are provided below.

Example 1: An applicant may be granted exceptions to fence height restrictions when greater privacy is necessary for a person with a disability to use and enjoy the outdoors at a residence.

Example 2: An applicant may request for a dwelling unit to be used for a group living arrangement that may function as a family but does not meet the current definition of “family”.

After reviewing several adopted reasonable accommodation ordinances from jurisdictions within North Carolina, staff recommends that the city adopt a quasi‐judicial reasonable accommodation procedure with applications heard by the Board of Adjustment.

Durham Joint City‐County Planning Committee Informational Item: Reasonable Accommodations February 3, 2016

Page 3 of 3

In addition to establishing a reasonable accommodations process, staff proposes amending the definition of “family” in Sec. 16.3, Defined Terms, beyond how it is currently defined within the UDO. The definition currently reads as follows:

Family: One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules:

A. Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed three. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply; C. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules.

Staff has modified this definition to ensure it does not exclude those protected under state and federal law. Consistency with the Comprehensive Plan; Reasonable and In the Public Interest. The proposed amendment will add regulations required to comply with the FHA and ADA requirements in regards to housing for disabled persons. The Durham Comprehensive Plan specifically addresses special needs populations within Chapter 3, Housing Element, as a primary issue within its Summary of Issues.

Special Needs Populations. The factors that have limited provision of adequate housing for low‐income and very low‐income households have also limited provision of affordable housing for families and individuals with special needs.

Goal 3.2, Special Needs Housing, Encourage the development of special needs housing for underserved populations, particularly permanent and transitional housing.

Objective 3.2.1 Special Needs Housing, Ensure that special needs populations have access to affordable, safe and sanitary housing that is appropriate to their special needs.

Staff Contacts. Supriya Chewle, AICP, Senior Planner, [email protected], 919‐560‐4137 ext. 28271.

Attachments:

Attachment A: An Ordinance to Amend Provisions of the Unified Development Ordinance (TC1500006), Draft

JoanneG

Typewritten Text

Attachment 7

Attachment A JCCPC Draft 2-3-16

AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE TO ADD OR REVISE

GRAPHICS (TC1500002)

PART 1 [Graphics for infill street yard requirements in paragraph 6.8.8, Yards] Sec. 6.8 Infill Development in Residential Districts [Paragraphs not listed remain unchanged] 6.8.3 Yards A. Street Yards The minimum street yard (B) requirement shall be:

1. The average street yard of the two adjoining parcels (A) (as defined by the distance between the primary structure on each property and the edge of the right‐of‐way), if both parcels are developed and share the same zoning district as the property proposed for development; or

2. The average street yard of all developed parcels (A) (as defined by the distance

between the primary structure on each property and the edge of the right‐of‐way) in the same block face as the property proposed for development, if either of the adjoining parcels is not developed and the block exceeds 500 linear feet; or

3. The average street yard for all developed parcels (A) (as defined by the distance

between the primary structure on each property and the edge of the right‐of‐way) in the same block face as the property proposed for development that also have the

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same zoning designation as the property proposed for development, if either of the adjoining parcels is not developed and the block is less than 500 linear feet.

PART 2 Sec. 16.3 Defined Terms Yard: A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. Yard, Rear: That portion of a yard between the required rear setback and the rear property line extending the full width of the lot between side lot lines. The rear yard width is measured perpendicular to the rear lot line. The rear yard shall be the yard on the opposing side of the primary structure from the main or primary entrance to the primary structure. No rear yard shall apply for triangular or pie‐shaped lots where there is no rear property line.

Yard, Side: That portion of a yard between the required side setback and the side lot line extending from the street yard to the rear yard. The side yard width is measured perpendicular to the side lot line.

Yard, Street That portion of a yard extending between the edge of the street right‐of‐way (or easement, for private streets) and the required building placement; the portion of a lot adjoining a street as measured from the right‐of‐way. The street yard width is measured perpendicular to the street right‐of‐way. Corner lots and through lots shall be considered to have two street yards. A street yard does not exist adjacent to an alley.

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Interior and Corner Lot Diagram: Double-Frontage Lot Diagram:

Irregular and Triangular Lot Diagrams:

PART 3 [Graphics associated with bicycle parking rack placement standards in paragraph 10.4.4, Design Standards for Bicycle Parking] Sec. 10.4 Design Standards [Paragraphs not listed remain unchanged] 10.4.4 Design Standards for Bicycle Parking B. Types of Bicycle Racks or Storage 1. “Inverted U” and Circular Racks

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a. Racks that are placed parallel to each other (side‐by‐side or angled) shall be spaced at least 36 inches apart.

b. Racks placed end‐to‐end shall be at least 60 inches (five feet) apart if placed in a cluster parking configuration, and 96 inches (eight feet) apart if placed individually in a linear manner, such as along a sidewalk.

c. Racks shall be spaced at least 24 inches from walls, curb faces, pavement edges, and other obstructions. A rack can be placed closer than 24 inches to an obstruction; however, the space between the rack and obstruction shall not count as a parking space.

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3. Vertical Space Saver Racks a. The minimum overhead clearance shall be eight feet.

b. Each bicycle stall shall be at least 16 inches wide. c. Each bicycle stall shall provide a depth of at least 40 inches measured from the back of

the stall to the nearest side of the access aisle. d. Minimum spacing between a wall or other obstruction and the rack side shall be eight

inches. e. A loop or mechanism shall be provided to allow the bicycle frame to be secured using

either a chain and padlock, or a U lock.

4. Double Decker Racks

a. The minimum overhead clearance shall be eight feet. b. The minimum spacing between a wall or other obstruction and the rack side shall be

eight inches. c. The minimum spacing between a wall or other obstruction (not including units installed

back‐to‐back) and the front or rear of the rack shall be 10 inches. d. For double loaded aisles, the minimum aisle width shall be five feet. e. A loop or mechanism shall be provided to allow the bicycle frame to be secured using

either a chain and padlock, or a U lock.

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PART 4 Sec. 9.9 Fences and Walls [Paragraphs not listed remain unchanged] 9.9.1 Height A. The maximum height of a fence or wall shall be as shown in the table below, unless: 1. A higher fence or wall is allowed by other provisions of this Ordinance; or 2. The fence is associated with a recreational facility, such as a tennis court; or 3. The fence is associated with an electrical substation; or 4. As required by the U.S. Department of Homeland Security.

Fence Location

Maximum Height, in Feet

Rural Other Tiers Street Frontage*Street Frontage

By Right, Non‐Electric With a Minor Special Use Permit:

Non‐Electric Electric

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‐Not allowed

10

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8

10 No Street Frontage

By Right, Non‐Electric By Right, Electric

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10

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10 B. Fences or walls located between the structure and the street, and located up to 50 feet

from the right‐of‐way, shall use the “street frontage” standards, except for the following which shall utilize the “no street frontage” standards:

1. Fences or walls located to the rear of a primary structure. 2. Fences or walls that are non‐electric and are located along a side yard located beyond

the minimum or maximum street yard, as applicable.

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PART 5 That the Unified Development Ordinance shall be renumbered as necessary to accommodate these changes and clarifications. PART 6 That this amendment of the Unified Development Ordinance shall become effective [insert date].


Date: February 3, 2016 To: Members of the Joint City-County Planning Committee Through: Steven L. Medlin, AICP, Planning Director From: Michael Stock, AICP, Senior Planner Subject: Unified Development Ordinance Text Amendment, Technical

Updates due to State Legislation and Judicial Action (TC1500007) Summary. Numerous statutory changes involving planning and environmental regulation were passed by the North Carolina General Assembly, and signed into law by the governor, during this past legislative session. In addition, the North Carolina Supreme Court (NCSC) has recently held that uses not listed within a zoning ordinance (or in Durham’s case, a UDO) cannot be prohibited because they are not listed within the ordinance. The attached draft ordinance (Attachment A) proposes changes based upon the following legislation (session laws) and judicial decision, with a hyperlink provided for each session law:

• SL2015-1, Environmental Laws; SL2015-241, Current Operations and Capital Improvements Appropriations Act of 2015

• SL2015-86, Zoning/Design and Aesthetic Controls • SL2015-149, Stormwater/Built-upon Area • SL2015-160, Zoning Changes/Citizen Input • SL2015-246, Local Government Regulatory Reform of 2015 • Byrd v Franklin County (issued November 6, 2015)

Recommendation. The staff recommends that the Joint City-County Planning Committee (JCCPC) receive this report and provide comment prior to initiating the adoption process. No additional action is required. Background. When the long session of the 2015/2016 legislative session had concluded, the legislature passed, and the governor signed into law, bills that impacted the regulatory capabilities of the city and county, including land use and environmental regulations. These range from bee hive regulation to the elimination of design control over single-family residences to the limitation on more stringent riparian buffer and stormwater regulations. On December 2, 2015, the JCCPC received a legislative update regarding a list of legislation that had either direct or tangential relevance to planning or

http://www.ncga.state.nc.us/EnactedLegislation/SessionLaws/HTML/2015-2016/SL2015-86.html




JoanneG

Typewritten Text

Attachment 8

Joint City-County Planning Committee Unified Development Ordinance Text Amendment, Technical Updates due to Legislation and Judicial Action (TC1500007)

February 3, 2016

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environmental legislation. The memo that accompanied that presentation outlined how staff intended to proceed in regards to the requirements of the new legislation. Certain legislation required no changes to the UDO. For other legislation, staff determined certain technical changes to the UDO were required and could readily be addressed, or staff was still gathering additional information in order to determine how to proceed, if at all, in amending the UDO. Additionally, in November 2015, the NCSC decided a case (Byrd v. Franklin County) regarding the regulation of uses not listed within an ordinance. The NCSC held that an ordinance cannot maintain a provision that considered a use prohibited if not listed. The UDO contains such a provision and will therefore require revision. Issues. Each of the session laws discussed at the December 2015 JCCPC meeting have been reviewed by staff and they either required no changes to the UDO, technical changes to the UDO, or required further review and information before changes to the UDO, if any, are suggested by staff. The following is a summary of each session law, or part of a session law, staff has determined only requires technical changes to the UDO. Other amendments may be forthcoming once staff has determined the appropriate course of action based upon the additional information received.

As noted above, in Byrd v Franklin County, the NCSC held that it is unlawful to automatically disallow a use simply because it was not listed within a zoning ordinance. In paragraph 5.2.1, Approach to Categorizing Uses, the UDO maintains a two part process regarding a use that is not identified in the Ordinance. The Planning Director, through a series of review factors, can determine if the proposed use is similar to a use already listed within the UDO. If the director cannot make that determination, then the use is prohibited. After consultation with both City and County Attorney’s offices, staff has proposed an amendment to paragraph 5.2.1 to remove the prohibition and comply with this court decision.

Part 1:

SL2015-1, Environmental Laws; SL2015-241, Current Operations and Capital Improvements Appropriations Act of 2015. This legislation requires updating references to various State divisions and departments. Various sections of the UDO will be amended to reflect the new references.

Part 2:

SL2015-86, Zoning/Design and Aesthetic Controls. This law limits design and aesthetic regulations on single-family and two-family structures. Unless agreed upon by the applicant of a zoning permit, architectural design and aesthetic regulations cannot be applied to single and two-family residential structures, including the


February 3, 2016

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location of garage doors. The law contains exclusions to this limitation, such as historic district and landmark properties (local and national), regulations related to applicable safety codes, regulations applied to manufactured housing, and conditions of participation in the National Flood Insurance Program. Amendment to the Neighborhood Protection Overlay (Sec. 4.6) standards and infill standards (Sec. 6.8) are the primary sections of the UDO impacted by this legislation. The definition of “rear yard” is also modified to not rely on the placement of a primary entrance.

Part 3:

SL2015-149, Stormwater/Built-upon Area. This legislation revised the definition of “built-upon area” as part of stormwater programs. It already excludes slatted decks and swimming pools, and adds a particular type of gravel and the method of installation. This term is currently not referenced in the UDO since it is a defined term in regards to stormwater rules and runoff per NCGS 143-214.7, and thus is a definition applicable to the city and county stormwater ordinances. Staff has incorporated the term “built-upon area” within the definition of “impervious surface” in Sec. 16.3, Defined Terms. Part 4:

SL2015-160, Zoning Changes/Citizen Input. This legislation repealed the ability for citizens to file protest petitions that would force a supermajority vote of approval for a zoning map change application filed on or after August 1, 2015. However, the legislation did not repeal the County’s special legislation for protest petitions. Staff will revise the protest petition text within the UDO (paragraph 3.5.13, Protest Petition Sufficiency and Procedures) accordingly to comment on which zoning map change application can qualify for a protest petition.

Part 5:

SL2015-246, Local Government Regulatory Reform of 2015.

a. Riparian Stream Buffers. This legislation prohibits more stringent local riparian buffer regulation, unless approved by the Environmental Management Commission after its review of studies submitted by the local jurisdiction, with specific findings made by the Commission. Ordinances must also allow riparian buffer areas to be credited towards density, tree coverage, open space, setbacks, lot area, and perimeter buffer requirements. Staff is still gathering information, including discussions with state agencies and other municipalities, regarding how to proceed in regards to modifying buffer standards.


February 3, 2016

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b. Zoning Density Credits. The UDO shall be required to provide density credit for dedicated rights-of-way. Staff will review the UDO to determine what amendment is necessary.

c. Definition of Dwelling Unit. The UDO definition cannot be more expansive than any definition of the same in another statute or rule adopted by a State agency. Staff will revise the definition of dwelling unit in the UDO accordingly.

Part 6:

Byrd v Franklin County. The NCSC has held in this recent decision that a use cannot be prohibited if it is not identified in the ordinance. The UDO would prohibit a use by default if it is not listed and if the Planning Director, using a set of review factors, cannot determine the use to be similar to a use already listed in the ordinance. Therefore, paragraph 5.2.1A, Approach to Categorizing Uses, is amended to remove the default prohibition. Instead, the Planning Director would make a more generalized determination as to what “use group” would apply (agricultural, residential, public and civic, commercial, office, and industrial), and then a minor special use permit could be sought only in zoning districts where uses in the use group were allowed by-right.

Staff Contact. Michael Stock, AICP, Senior Planner, 919-560-4137 ext. 28227;

[email protected]. Attachments: Attachment A: An Ordinance to Amend Various Provisions of the Unified

Development Ordinance Due to State Legislation and Judicial Decision (TC1500007)- JCCPC Draft 2-3-16



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AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE UNIFIED DEVELOPMENT ORDINANCE DUE TO STATE LEGISLATION

AND JUDICIAL DECISION (TC1500007)

PART 1 [Update references to various State departments and divisions.] Sec. 3.8 Sedimentation and Erosion Control [Paragraphs not listed remain unchanged] 3.8.9 Appeals B. In the event that an erosion control plan is disapproved pursuant to paragraph 3.8.7,

Disapproval of Plan, the County Sedimentation and Erosion Control Office shall notify the Director of the Division of Energy, Mineral, and Land Resources (within the North Carolina Department of Environment and Natural ResourcesEnvironmental Quality [DEQDENR]) of such disapproval within ten days. The Office shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the Office's disapproval of the plan pursuant to paragraph 3.8.7, Disapproval of Plan, directly to the State Sedimentation Control Commission.

Sec. 3.14 Variance [Paragraphs not listed remain unchanged] 3.14.9 Watershed Protection C. The Planning Director, or designee, shall keep a record of variances to Sec. 8.7, Watershed

Protection Overlay Standards. This record of variances, not including those from Sec. 8.5, Riparian Buffer Protection Standards, as referenced in Sec. 8.7, shall be submitted to the Division of Water Resources, North Carolina Department of Environment and Natural ResourcesEnvironmental Quality by January 1st of each year. The record shall provide a description of each project receiving a variance and the reasons for granting a variance. The record of variances from Sec. 8.5 shall be included in the annual report to the North Carolina Division of Water Resources summarizing activities implementing the requirements of that section.

Sec. 3.16 Historic District or Landmark Designation [Paragraphs not listed remain unchanged] 3.16.3 Designation of an Historic District C. Action by the NC Department of Natural and Cultural Resources

In accordance with NCGS §160A‐400.4(2), the NC Department of Natural and Cultural Resources shall make an analysis of and recommendations concerning the investigation and report contained in the Historic District Preservation Plan. Failure of the NC Department of Natural and Cultural Resources to submit its written analysis and recommendations within 30 days after a written request for such analysis has been received by the Department shall relieve the governing body of any responsibility for awaiting such analysis, and the


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governing body may at any time thereafter take action on the proposed historic district and Historic District Preservation Plan.

3.16.4 Designation of an Historic Landmark B. Action by the Historic Preservation Commission 1. In accordance with NCGS §160A‐400.6(2), the HPC shall make or cause to be made an

investigation and report on the prehistorical, historical, architectural, educational or cultural significance of each building, structure, site, area or object proposed for designation or acquisition. The investigation and report shall be forwarded to the Division Office of Archives and History, North Carolina Department of Natural and Cultural Resources.

C. Action by the NC Department of Cultural Resources In accordance with NCGS §160A‐400.6(3), the NC Department of Natural and Cultural

Resources shall be given the opportunity to review and comment upon the substance and effect of the designation of any historic landmark. Any comments shall be provided in writing. If the NC Department of Natural and Cultural Resources does not submit its comments within 30 days following receipt by the Department of the investigation and report, the HPC and the governing body are relieved of any responsibility to consider such comments.

Sec. 3.17 Certificate of Appropriateness [Paragraphs not listed remain unchanged] 3.17.9 Action by the Historic Preservation Commission B. As part of its review procedure, the HPC may view the premises and seek the advice of the

North Carolina Department of Natural and Cultural Resources or other expert advice as it may deem necessary under the circumstances.

3.17.15 Local and State Coordination The HPC shall use all reasonable efforts to expedite any concurrent process with the North Carolina Department of Natural and Cultural Resources if such a process is desired by the applicant for the purpose of securing both a certificate of appropriateness and a Federal historic preservation tax credit. Sec. 5.3 Limited Use Standards [Paragraphs not listed remain unchanged] 5.3.1 Agricultural Use Standards B. Forestry (City Only)

Forestry activities in the City shall be conducted in conformance with a Forest Management Plan which uses the current best management practices set out in "Forest Practice Guidelines Related to Water Quality," as adopted by the North Carolina Department of Environment and Natural ResourcesEnvironmental Quality.

Sec. 6.2 Residential Rural (RR) Development Intensity [Paragraphs not listed remain unchanged] 6.2.4 Conservation Subdivision H. Primary and Secondary Conservation Areas and Other Open Space 1. Primary Conservation Areas


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c. Wetlands protected by the Army Corps of Engineers or the North Carolina Department of Environmental Quality Environment and Natural Resources and any provided or required buffers;

Sec. 8.5 Riparian Buffer Protection Standards [Paragraphs not listed remain unchanged] 8.5.7 Existing Use Exemption C. Outside the Neuse River Basin 3. The project is reviewed through the Clean Water Act Section 404/National

Environmental Policy Act Merger 01 Process or its immediate successor and reached agreement with the NC Department of Environment and Natural ResourcesEnvironmental Quality on avoidance and minimization prior to the effective date of this section; or

8.5.12 Mitigation A. Mitigation Options 1. Participation in a private compensatory mitigation bank in the same hydrologic area, as

defined in NCGS 143.214(11), as the proposed impact that is approved by the NC Department of Environmental QualityEnvironment and Natural Resources;

2. Payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to 15A NCAC 02B .0269 contingent upon acceptance of payments by the Division of Mitigation ServicesNorth Carolina Ecosystem Enhancement Program. This option is available to a nongovernment applicant only if option 1 is not available;

Sec. 8.9 Wetlands Protection Standards [Paragraphs not listed remain unchanged] 8.9.2 Application of Wetlands Protection The City and County acknowledge the pre‐eminence of the Federal and State governments with regard to the identification and regulation of wetlands. Accordingly, the standards contained within this section shall not duplicate the requirements of the US Army Corps of Engineers (the Corps) or the North Carolina Department of Environmental QualityEnvironment and Natural Resources (DENRDEQ), Division of Water Resources (Division), but shall require the buffering of wetland areas, identified by these agencies, on development plans, site plans, preliminary plats, final plats, and as otherwise required under Sec. 8.5, Riparian Buffer Protection Standards. Sec. 9.5 Mass Grading Buffers and Revegetation [Paragraphs not listed remain unchanged] 9.5.2 Exemption Forestry activities conducted in conformance with a Forest Management Plan that uses the current best management practices set out in “North Carolina Forestry Best Management Practices Manual To Protect Water Quality,” as amended, as adopted by the North Carolina Department of Agriculture and Consumer ServicesEnvironment and Natural Resources, shall not require a mass grading buffer; however, if required buffers are not provided consistent with the requirements of paragraph 8.3.4, Clear Cutting, development of the site shall be prohibited for


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a period of three or five years (in the City) or three years (in the County) from the date of forestry activities. Sec. 12.10 Sedimentation and Erosion Control [Paragraphs not listed remain unchanged] 12.10.2 Applicability A. Exemptions. The following activities do not require a permit under this section: 5. Land‐disturbing activities undertaken on forest land for the production and harvesting

of timber and timber products and which are conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the North Carolina Department of Agriculture and Consumer Services.Environment and Natural Resources (DENR.) If land‐disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Article shall apply to such activity and any related land‐disturbing activity;

Sec. 16.2 Abbreviations DENR: North Carolina Department of Environment and Natural ResourcesDEQ: North Carolina Department of Environmental Quality Sec. 16.3 Defined Terms Historic Structure: Any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a local inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program”; or (d) certified as contributing to the historical significance of a historic district designated by a community with a “Certified Local Government (CLG) Program.” Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Natural and Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.


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PART 2 [Revise sections of the UDO to remove design or aesthetic regulations for single‐family or two‐family residences per SL2015‐86] Sec. 4.6 Neighborhood Protection Overlay (-P) [Paragraphs not listed remain unchanged] 4.6.3 Modification of Standards B. A Neighborhood Protection Overlay may allow for restrictions on building design or

placement details, including scale, mass, materials, and architectural style. Commentary: North Carolina Session Law SL2015‐86 limits the ability to place design or aesthetic regulations upon single‐family and two‐family residential structures. 4.6.4 Design Guidelines Where appropriate and allowed by State statute, a Neighborhood Protection Overlay may require the application of specific design guidelines in the review of development. Such guidelines shall be established as part of the overlay district at the time of adoption, and implemented through review and approval of site plans pursuant to Sec. 3.7, Site Plan Review, or architectural review pursuant to Sec. 3.23, Architectural Review. 4.6.5 Tuscaloosa-Lakewood Neighborhood Protection Overlay D. Single-Family Residential Structures and Duplexes 2. Building Design a. Garages or carports facing the street shall be limited to a single bay unless located to the rear of the residential structure, in which case two bays may be permitted. In no case shall a garage or carport extend in front of the front building line of the residential portion of the structure. b. New primary structures shall not have the same elevation with the same architectural features as existing primary structures, or those in process of being built, on the same block face. Review and approval of elevations through architectural review pursuant to Sec. 3.23, Architectural Review, shall be required prior to issuance of a building permit. The following shall be demonstrated: (1) The architectural design of the proposed structure creates a unique elevation compared to other structures on the same block face, through the modulation of some or all of the following architectural features: (a) Length, width and massing of the structure; (b) Number of stories; (c) Façade materials; (d) Porches and other similar articulation of the front façade; (e) Number and location of doors and windows; and (f) Roof style and pitch. (2) The design of structures of the same architectural style as other structures on the same block face is varied enough from other similar structures to ensure architectural variety through the modulation of the features listed above. (3) If no more than two primary structures exist on a block face, then the context area for determining the above criteria shall be extended to include the nearest block faces within the neighborhood protection overlay, in all directions, with more than two structures.


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32. Housing Types [text remains unchanged] Sec. 6.8 Infill Development in Residential Districts [Paragraphs not listed remain unchanged] 6.8.4 Buildings D. Main Entrance

Except for single‐family and two‐family residential structures, Every every principal structure shall have a main entrance on a street other than an alley. On corner lots, the main entrance can face either street or can be oriented toward the corner. For buildings that have more than one main entrance (e.g., a duplex), only one main entrance shall be required to face a street.

E. Garages, Access, and Parking 1. Where an alley access is provided and developed, all vehicular access shall be taken

from the alley. 2. When a garage entrance faces a street other than an alley, a single garage entrance shall

be no more than 22 feet in width and such entrance shall be set back a minimum of 20 feet from the right‐of‐way or the average setback of the developed residential lots within the context area, whichever is greater.

3. Except for single‐family and two‐family residential structures, The the construction material of the garage shall match that of the primary structure.

Sec. 16.3, Defined Terms Yard, Rear: That portion of a yard between the required rear setback and the rear property line extending the full width of the lot between side lot lines. The rear yard width is measured perpendicular to the rear lot line. The rear yard shall be the yard on the opposing side of the primary structure from the main or primary entrance to the primary structure a street yard. No rear yard shall apply for triangular or pie‐shaped lots where there is no rear property line. PART 3 [Modify the definition of “impervious surface” to reference “built‐upon area” as defined for stormwater purposes per SL2015‐149] Sec. 16.3, Defined Terms Impervious Surfaces: A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built‐upon area” as defined by NCGS 143‐214.7, as amended. Impervious surfaces shall include but are not limited to roofs, solid decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, or compacted gravel surfaces. Wooden slatted decks and the water area of swimming pools shall be considered to be pervious. Calculation of impervious surfaces for streets shall include the area compacted for pavement or gravel base.


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PART 4 [Add text indicating what zoning map change applications could qualify for a protest petition submittal per SL2015‐160] Sec. 3.5 Zoning Map Change [Paragraphs not listed remain unchanged] 3.5.13 Protest Petition Sufficiency and Procedures A. Protest Petition Defined

A petition in opposition to a zoning map change shall be considered a "valid protest petition" if the petition meets the requirements of applicable state or local law. Commentary: Session Law SL2015‐160 repealed the protest petition process for municipalities, effective upon zoning map change applications submitted after August 1, 2015. This law did not repeal Session Law SL2010‐80, which allows protest petitions for zoning map change applications within Durham County’s jurisdiction.

PART 5 [Remove density credit limitation for right‐of‐way dedication, modify text to accommodate allowances for land encumbered by riparian buffers, and revise the definition of “dwelling unit” per SL2015‐246.] Sec. 6.13 Measurement and Computation [Paragraphs not listed remain unchanged] 6.13.4 Density Other than calculating the density bonus area pursuant to paragraph 6.4.3A, Major Roadway Density Bonus Area, all existing right‐of‐way and dedications to expand existing right‐of‐way shall be excluded from the calculation of the area of a project for density purposes. Right‐of‐ way shall mean the ultimate right‐of‐way of a roadway as established by NCDOT or the City of Durham, as appropriate. Sec. 6.2 Residential Rural (RR) Development Intensity [Paragraphs not listed remain unchanged] 6.2.4 Conservation Subdivision F. Open Space Requirements 4. Notwithstanding the above requirements, area within required riparian buffers can be

used to satisfy any open space requirement. Sec. 7.2 Open Space [Paragraphs not listed remain unchanged] 7.2.3 Use of Required Open Space C. Notwithstanding the above requirements, area within required riparian buffers can be used

to satisfy any open space requirement.


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Sec. 8.5 Riparian Buffer Protection Standards [Paragraphs not listed remain unchanged] 8.5.9 Lots and Density Credits Land within the stream buffer shall not serve to meet minimum lot size requirements, except in the Rural Tier and on property zoned RR or RS‐20, in the Suburban Tier, where at least 50% of the required lot area is outside the stream buffer. No credit shall be allowed for land within stream buffers, except in the RR District, where density credits may be given for stream buffers in conservation subdivisions pursuant to paragraph 6.2.4, Conservation Subdivision. 8.5.10 9 Uses [Text remains unchanged] 8.5.11 10 No Practical Alternatives/Authorization Certificate [Text remains unchanged] 8.5.12 11 Mitigation [Text remains unchanged] 8.5.13 12 Variances [Text remains unchanged] Sec. 16.3 Defined Terms Dwelling Unit: A room or group of rooms in a structure that serves as an independent, self‐contained housekeeping establishment containing independent cooking, sleeping, and toilet facilities, physically separated from any other such units located within the same structure. Excluded from this definition are boarding houses, hotels, and dormitories.As defined by the most current edition of the North Carolina State Building Code: Residential Code. PART 6 [Revise process for uses not listed within the ordinance pursuant to the Byrd v Franklin County North Carolina Supreme Court decision] Sec. 5.2 Use Categories [Paragraphs not listed remain unchanged] 5.2.1 In General A. Approach to Categorizing Uses 2. Use Determination a. Any If a use is not specifically set forth in the use category in this section, is expressly

prohibited, unless the Planning Director, or designee, shall determines that if the use is similar to a permitted specific use in accordance with this section. Where such similar permitted specific use is subject to limited use standards or special exception use permit approval, the proposed use shall also be subject to such standards or approval.

b. If the Planning Director, or designee, cannot determine a similar specific use, then the Planning Director shall determine the most appropriate use group of the six use groups identified in this section and paragraph 5.1.2, Use Table, (agricultural, residential, public and civic, commercial, office, or industrial) to apply the unspecified use.

(1) The same criteria in paragraph 5.2.1C, Principal Use not Specifically Listed, shall be used except for criteria #14.

(2) The unspecified use is allowed with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, in any zoning district where a specific use within that use group is permitted with a “P”.


9

C. Principal Uses Not Specifically Listed Determination of the appropriate use group category for a proposed principaland similar specific use shall be made by the Planning Director, or designee, in accordance with the criteria below. The following use information may be supplemented using NAICS codes as promulgated from time‐to‐time by the U.S. Census Bureau. The criteria below shall be used to determine both the appropriate group and category for a use not specifically listed in the use table or the examples in the use category descriptions, and whether a use is considered principal or accessory.

1. The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

2. The relative amount of site area or floor space and equipment devoted to the activity;

3. Relative amounts of sales from each activity; 4. The customer type for each activity; 5. The relative number of employees in each activity; 6. Hours of operation; 7. Building and site arrangement; 8. Types of vehicles used and their parking requirements; 9. The relative number of vehicle trips generated; 10. Signs; 11. How the use is advertised; 12. The anticipated impact on surrounding properties; 13. Whether the activity is likely to be found independent of the other activities on the

site; and 14. When considering appropriate districts for a use not listed in the use table, the

district intent statements in Article 4, Zoning Districts, shall be taken into consideration.

PART 7 That the Unified Development Ordinance shall be renumbered as necessary to accommodate these changes and clarifications. PART 8 That this amendment of the Unified Development Ordinance shall become effective upon [insert date].

February 3, 2016

Station Area Strategic Infrastructure Study:

Existing Conditions and Strategic Corridors

February 3, 2016

• Analysis and documentation of existing conditions, • Inventory and prioritization of potential public infrastructure projects • Research of funding strategies

February 3, 2016

Phase I Stations LaSalle Street, Medical Center, Ninth Street, Buchanan Boulevard, Durham Station, Dillard Street, and Alston Avenue

February 3, 2016

Improvement Project Categories • Pedestrian access and circulation • Bicycle access and circulation • Vehicular access and circulation • Streetscape amenities • Sewer and water capacity

SASI Study will be used by

Go Triangle Engineering

City of Durham Capital Improvement Projects

Institute for Transportation and Development Policy

February 3, 2016

Existing Conditions and Strategic Corridors Technical Appendix

Existing Conditions

• Existing Land Use and Development • Demographic Characteristics • Pedestrian and Bicycle Service Area (i.e. walk and

bike zones) • Existing Sidewalk Network and Pavement

Conditions • Existing Bicycle Network • Roadway Level of Service and Capacity • Roadway Connectivity and Intersection Density • Summary of Planned and Funded Transportation

Infrastructure • Redevelopment Potential

Defining and Evaluating Strategic Corridors

• Identification of Common Destinations • Identification of Priority Corridors • Walkability Assessment • Bikeability Assessment (to-be-completed)

February 3, 2016

Existing Land Use and Development to understand the current land use and development patterns as they exist today

February 3, 2016

February 3, 2016

Demographic Characteristics to understand who lives in station areas and which populations will rely on transit the most Demographic Categories

• Population and Race • Median Household Income • Employment/Unemployment • Household Occupancy

Survey by the American Public Transportation Association based on a 496,000 public transit riders across the US showed the typical transit user to be non-white (59.5%), have lower household incomes, have higher unemployment rates, and tend to be renters

February 3, 2016

Population and Race

Geography Employment UnemploymentPhase 1 Corridor 87% 13%Durham 95% 5%MSA 95% 5%

Employment/Unemployment

Household Occupancy

Household Income

February 3, 2016

Pedestrian and Bicycle Service Area (i.e. walk and bike zones) to understand how far a person can walk or bike to a station using existing roads

February 3, 2016

February 3, 2016

Existing Sidewalk Network and Pavement Conditions to study existing sidewalk connectivity and the condition of existing pedestrian infrastructure

February 3, 2016

Existing Bicycle Network to study existing bicycle infrastructure connectivity

February 3, 2016

Roadway Level of Service and Capacity to understand the existing traffic conditions

February 3, 2016

Roadway Connectivity and Intersection Density to understand availability of route options

February 3, 2016

Summary of Planned and Funded Transportation Infrastructure to understand where there are future infrastructure improvements planned and funded in station areas

February 3, 2016

Redevelopment Potential to identify parcels that are likely to redevelop by the private sector

February 3, 2016

Identification of Common Destinations to understand where people area likely to travel to and from stations

February 3, 2016

February 3, 2016

Identification of Priority Corridors to identify routes that connect to common destinations and are or will have heavy traffic

February 3, 2016

February 3, 2016

Walkability Assessment to understand the existing access and walkability of each priority corridor to stations • Sidewalks condition, width, continuity, etc. • Street Crossings pedestrian signals, crosswalks, curb ramps, width etc. • Driver Behavior speed, pedestrian awareness, obeying traffic signals etc. • Safety lighting, vacant/run-down buildings, graffiti etc. • Comfort and Appeal bus shelter, shade, litter/trash, steep terrain, active land

uses etc. • Pedestrian Behavior difficulty finding pedestrian button, marked crosswalk,

see drivers etc.

February 3, 2016

February 3, 2016

Next Steps

• Coordination with the Bicycle and Pedestrian Advisory Commission (BPAC) on a Bikeability Assessment

• Coordination with updates to the Durham Walks! Pedestrian

Plan and the Durham Comprehensive Bicycle Plan • Coordination with Public Works and Water Management • Prioritization of Infrastructure Projects • Value Capture Investment Strategies


Page 1 of 2

Date: February 3, 2016

To: The Joint City-County Planning Committee From: Steven L. Medlin, AICP, Planning Director Subject: Proposed FY17 Planning Department Work Program

Executive Summary. The Interlocal Cooperation Agreement between the City and County for merged planning functions charges the Planning Director with preparing and submitting to the Joint City-County Planning Committee, the Planning Commission and both Managers a work program and annual budget that must be forwarded to both governing bodies for approval. The proposed work program is structured on the Department receiving sufficient resources for 38 full time employees and operational overhead. Staff resources have been fully allocated for the tasks reflected in the proposed work program with no capacity to take on additional tasks without either revising the work program to modify tasks by deleting existing tasks or changing expected outcomes and/or timelines.

Recommendation. No formal action is requested at this time. This item is being presented for early input from the Committee.

Background. The Interlocal Cooperation Agreement between the City and County for merged planning functions charges the Planning Director with preparing and submitting a work program and annual budget. Attached please find an early draft of the proposed FY17 Planning Department Work Program. The work program constitutes a catalogue of the various processes and projects that the Department will work on over the coming fiscal year.

They can be categorized as one of three types:

• Ongoing projects and processes that reflect legal requirements to respond to proposed site plans, zoning map changes, use permits, certificates of appropriateness, zoning enforcement actions, etc.

• Ongoing projects and processes that relate to City and County policies for providing timely public information support for boards and commissions, and Department management, etc.

JoanneG

Typewritten Text

Attachment 10

Memo to the Joint City-County Planning Committee Proposed FY17 Planning Department Work Program February 3, 2016

Page 2 of 2

• Projects and process that are somewhat discretionary, reflecting City and County desire to engage in long range planning activities, such as the Station Area Strategic Infrastructure Study, the Patterson Place Compact Design District, and various Unified Development Ordinance text amendments.

In advance of the department refining its FY17 Work Program proposal, staff is providing this early working draft to the JCCPC for input and feedback.

Attachments Attachment 1, Proposed Work Program, FY17, Part A, Programs Attachment 2, Proposed Work Program, FY17, Part B, Programs and Descriptions Attachment 3, Un-prioritized Future Projects

Page 1 of 3

Durham City-County Planning Department Proposed Work Program FY17

Part A, Programs DRAFT January, 2016

Planning Department staffing is 38.0 Full Time Equivalent (FTEs)

1. Development Review 1.1. Site Plans 1.2 Plats 1.3 Common Signage and Wayfinding Signage Plans 1.4 Sign Permits 1.5 Street Withdrawals 1.6 Building Permit Reviews 1.7 UDO Administrative Interpretations 1.8 Temporary Use Permits 1.9 Development Process Improvements

2 Land Use 2.1 Planning Commission Support 2.2 Zoning Map Changes 2.3 Comprehensive Plan Amendments 2.4 Annexation Coordination 2.5 Board of Adjustment (BOA) 2.5.1 BOA Support 2.5.2 Special Use Permits 2.5.3 Variances 2.5.4 Appeals of Administrative Decisions 2.6 Historic Preservation Commission (HPC) 2.6.1 Certified Local Government Management/HPC Support 2.6.2 Certificates of Appropriateness 2.6.3 Historic Landmarks and Landmark Signs 2.6.4 Demolition by Neglect Investigations 2.7 Street Closings 2.8 Street Renamings 2.9 Statutory Vested Rights Determinations

3 Zoning Administration

3.1 Site Compliance Inspections 3.2 Zoning Enforcement

3.2.1 Response to Complaints 3.2.2 Proactive Enforcement 3.2.3 Patrol Program (NEW)

4 Policy and Urban Design

4.1 UDO Text Amendments

Proposed Work Program FY16, Part A, Programs March 23, 2015 DRAFT

Page 2 of 3

4.1.1 Respond to Legislative Mandates 4.1.2 City and County Initiated Text Amendments 4.1.3 Privately-Initiated Text Amendments 4.1.4 Technical and Minor Changes 4.1.5 Design District Update 4.1.6 Landscaping Update 4.1.7 Signs (NEW) 4.1.8 Compact Design District Update for Suburban Stations (NEW) 4.1.9 Article 7 and Design Commitment Revisions (NEW)

4.2 Transportation Planning 4.2.1 Regional and State Transportation Planning 4.2.2 County Transportation Planning 4.2.3 City Transportation Planning 4.2.4 Station Area Strategic Infrastructure Plan 4.2.5 Patterson Place Compact Design District (NEW) 4.2.6 FTA Grant Administration (NEW)

4.3. Historic Preservation Planning 4.3.1 Holloway Street Historic District Expansion 4.3.2 Golden Belt Local Historic District

4.4 Environmental Planning 4.4.1 Urban Open Space Plan 4.4.2 Watershed Determinations 4.4.3 NFIP Community Rating System (County Only)

4.5 Comprehensive Plan Annual Evaluation and Assessment Report 4.6 Demographic Support 4.7 Urban Design Studios 4.8 Comprehensive Plan Community Profile (NEW) 4.9 East End Connector Land Use Analysis 4.10 Angier/Driver Commercial Infill (NEW) 4.11 Old West Durham Neighborhood Protection Overlay (NEW)

5 Customer Service and Engagement

5.1 Community Outreach 5.1.1 Public Education 5.1.2 Newsletter and Social Media 5.1.3 Planning Academy Program

5.1.4 Community Listening Sessions 5.1.5 Educational Institution Partnerships

5.2 Advisory Body Support 5.2.1 Durham Open Space and Trails Commission 5.2.2 Environmental Affairs Board 5.2.3 Appearance Commission

5.3 Inter-agency Coordination 5.3.1 Durham-Chapel Hill-Orange Work Group 5.3.2 Center of the Region Enterprise 5.3.3 Regional Appearance Committee 5.3.4 Durham Appearance Advocacy Group

5.4 Customer Service Center

Proposed Work Program FY16, Part A, Programs March 23, 2015 DRAFT

Page 3 of 3

5.4.1 Public Information 5.4.2 Limited Agriculture Permits 5.4.3 Home Occupation Permits 5.4.4 Family Care and Group Home Monitoring/Compliance 5.4.5 Outdoor Seating Permits 5.4.6 Street Vendor Registration 5.4.7 Selective Vegetation Removal Permits 5.4.8 Zoning Verification

6 Department Management

6.1 Department Management and Administration 6.2 Performance and Personnel Management 6.3 Professional Development 6.4 Intergovernmental Coordination 6.5 City, County, and Planning Department Strategic Plans 6.6 Culture of Service Initiatives 6.7 Governing Bodies Support

6.7.1 Board of Commissioners 6.7.2 City Council 6.7.3 Joint City-County Planning Committee

6.8 Website 6.9 Computer, GIS, and Data Support 6.10 Customer Satisfaction Feedback

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Durham City-County Planning Department Proposed Work Program, FY17

Part B, Programs and Descriptions Draft January, 2016

1 Development Review

Development review includes administrative review and approval of proposals for public and private land development for consistency with adopted plans, policies, and ordinances, including managing physical and digital records.

1.1 Site Plans (Ongoing) Description: A site plan is an approval granted by the City and/or County that ensures that any future development will occur in a planned and orderly manner. All proposed development in Durham requires review and approval of a site plan, except single-family and two-family development on single lots and improvements that are solely interior to an existing building and not associated with proposed or potential change of use. Architectural Review is required for changes to building elevations where compliance with architectural standards is required, but no site plan approval or certificate of appropriateness is otherwise required. The requirements of paragraph 3.23.2B, General Requirements, also apply where architectural drawings are required for site plan approval.

Responsibility: Process applications for Site Plan and Architectural Review approval in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake and triage, managing review by multiple departments and agencies, preparation of staff reports and recommendations if applicable, on-going applicant contact and information, site plan extension requests, managing public notice, managing governing board consideration if applicable, and maintaining public records. This project covers initial submittals, re-submittals, and amendments. It also covers coordination of reviews of related Floodplain Development Permits.

Authority: UDO Section 3.7, Site Plan Review; Section 3.21, Floodplain Development Permit; and Section 3.23, Architectural Review.

1.2 Plats (Ongoing) Description: Plats include all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purposes of sale or building development, pursuant to State statutes and the Durham UDO. Subdivision of land occurs through the submittal and approval of a map called a “plat” and the recordation of that plat with the Office of the Register of Deeds.

A preliminary plat is a map indicating the proposed layout of a development and related information that is submitted for preliminary review. A final plat is the map of all or a portion of a subdivision, which is presented for final approval.

Responsibility: Process applications for Subdivision plat approval in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, managing review by multiple departments and agencies, preparation of staff reports and recommendations if applicable, on-going

http://ww2.durhamnc.gov/udo/viewPopup.asp?Index=4235

Proposed Work Program FY16, Part B, Programs and Descriptions March 23, 2015 DRAFT

Page 2 of 22

applicant contact and information, site plan extension requests, managing public notice, managing governing board review and decision if applicable, and maintaining public records. These may include conservation subdivisions.

Authority: UDO Section 3.6, Subdivision Review; and Article 13, Additional Requirements for Subdivisions.

1.3 Common and Way-Finding Signage Plans (Ongoing) Description: A Common Signage Plan is required when multiple signs are associated with a project that consists of several buildings in a single development. The common signage plan includes all signs within the development, including outparcels. Way-finding signs are solely for the purpose of providing directional information along rights-of-way from sub-sections, tenants, or areas of the development to other sub-sections, tenants, or areas of the development.

Responsibilities: Process applications for Common Signage Plans and Way-Finding Signage Plans in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, managing review by multiple departments and agencies, on-going applicant contact and information, and maintaining public records. The Planning Director or designee is the approving authority for common and way-finding signage plans. The Planning Director or designee may approve modifications to the lettering style of a common signage plan to accommodate State and federally registered trademarks (logos) if the intent of the common signage plan requirements are maintained.

Authority: UDO Section 3.11, Common and Way-Finding Signage Plans; paragraph 11.6.2A.9, Way-Finding Signs; paragraph 11.8., Elements of Common and Way-Finding Signage Plans; and Section 11.2, General Requirements for Signs.

1.4 Sign Permits (Ongoing) Description: Sign permits are required for a variety of different sign types and ensure that signs comply with established regulations in terms of size, location, number, and lighting.

Responsibility: Process applications for sign permits in a timely manner and in accordance with UDO requirements and Department procedures. This includes application intake, issuance of the permit, inspection of the sign(s) upon installation, and maintaining public records.

Authority: UDO Section 3.10, Sign Permit; and Section 11.6, Signs Requiring Permits.

1.5 Street Withdrawals (Ongoing) Description: Under State statute, a dedicated right-of-way that was never actually opened, or used by the public within 15 years after the dedication, may be withdrawn from dedication under certain circumstances:

1. The property owner on both sides of the right of way is the same. 2. The continued use of the strip of land dedicated for street or highway purposes shall

not be necessary to afford convenient ingress or egress to any lot or parcel of land sold and conveyed by the dedicator of such street or highway.

3. The owner files notice with the City or County having jurisdiction over that right-of-way of the intent to withdraw.


Page 3 of 22

4. The owner files a plat showing the withdrawal of the right-of-way and recombination into the adjacent tracts.

Responsibilities: The Planning Department reviews the information provided from the property owner, verifies that the right-of-way has not been opened or used by consulting aerial photos, and that the street is not shown on the adopted future street plan. Once this has been verified, the Planning Department reviews the recombination plat for compliance with NCGS § 47-30, as amended.

Authority: NCGS § 136-96.

1.6 Building Permit Reviews (Ongoing) Description: Building permit applications must comply with architectural drawings in approved COAs, Architectural Review Applications, and Site Plans.

Responsibility: Review building applications; verify compliance with approved COAs, Architectural Review Applications, or Site Plans; provide feedback to the Inspections Department and applicant; and conduct site compliance investigation.

Authority: UDO Section 3.17, Certificate of Appropriateness; Section 3.23, Architectural Review; Section 6.12, Design Districts; and Section 7.3, Design Standards.

1.7 UDO Administrative Interpretations (Ongoing) Description: The requirements of the UDO cannot anticipate the variety of real-world on-the-ground conditions. On numerous occasions, an interpretation of UDO requirements is necessary to achieve the regulatory objectives while accommodating unorthodox situations.

Responsibility: According to the UDO, the Planning Director is authorized to interpret the Ordinance and make administrative adjustment to the specified development standards in the UDO.

Authority: UDO, Paragraph 2.7.4 Powers and Duties.

1.8 Temporary Use Permits (Ongoing) Description: Temporary uses occurring on property outside of the public right-of-way are allowed upon the issuance of a temporary use permit, with some exceptions. The Planning Department coordinates the review and approval of temporary use permits.

Responsibility: Process applications for Temporary Use Permits in a timely manner and in accordance with UDO requirements and Department procedures. This includes a pre-submittal conference as needed, application intake, soliciting comments from other departments and agencies, issuance of the permit, monitoring compliance, and maintaining public records.

Authority: UDO Section 3.12, Temporary Use Permit; and Section 5.5, Temporary Uses.

1.9 Development Process Improvements (Ongoing) Description: The development review processes mandated by the UDO are complex and involve a variety of reviewers and decision makers in numerous City and County departments. Staff from Planning and other departments continually evaluate development review processes for opportunities to educate applicants, reduce unnecessary procedural steps, and improve the process for the applicant and the City and County. This task also involves participation in a City- and County-wide effort to implement digital reviews.


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Responsibility: The City and County Managers have charged the Planning Department with continual evaluation and improvement of the various UDO development review processes.

Authority: UDO paragraph 2.7.4, Powers and Duties.

2 Land Use Process legislative and quasi-judicial applications for public and private land development, and make timely recommendations to advisory and elected boards. Manage physical and digital records, and public notification in accordance with State statutes and UDO requirements.

2.1 Planning Commission Support (Ongoing) Description: The Planning Commission reviews and makes recommendations to the governing bodies on the following types of items: Comprehensive Plan amendments, UDO text amendments, zoning map changes, historic districts, redevelopment plans, and other long-range plans.

Responsibility: Provide ongoing support for the Planning Commission. Prepare agendas, prepare meeting notices and advertisements, arrange and attend meetings, prepare meeting minutes or notes, maintain records, and provide public information.

Authority: UDO Section 2.3, Planning Commission.

2.2 Zoning Map Changes (Ongoing) Description: Zoning is the process of legally establishing allowable uses of land pursuant to State statutes and the Durham UDO. A zoning map change occurs when a petitioner wishes to change the allowable uses of land as established by the City-County adopted zoning map. An initial zoning is applied when the City Council annexes property into the City corporate area.

State statute enables the City and County to require and/or authorize zoning with a development plan. A development plan specifies commitments that are beyond minimum UDO requirements. Commitments can include density and intensity, tree coverage, setbacks, or any other site development characteristic. The development plan becomes part of the zoning of a property and is reviewed concurrently with the zoning map change request. Subsequent site plans or plats may not deviate from the plan, unless otherwise allowed or required by the UDO. Deviation may require a zoning map change. The development plan may be used by the petitioner in any zoning district; but is required in the PDR, CC, MU, and IP districts. A development plan is also required in the RS-M District if the applicant proposes to develop a building greater than 35 feet in height or proposes a density greater than eight units per acre; and in the RU-M District if the applicant proposes a density greater than 12 units per acre. Petitioners may request an administratively approved deviation from an approved development plan under certain conditions.

Responsibility: Process applications for a Zoning Map Change in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, preparation of staff reports and recommendations, on-going applicant contact and information, managing public notice, managing Planning Commission review and recommendation, managing governing board consideration, and maintaining public records.

Authority: UDO Section 3.5, Zoning Map Change.





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2.3 Comprehensive Plan Amendments (Ongoing) Description: The Durham Comprehensive Plan was adopted by the City and County in 2005 to guide the physical growth and development of the City. The Plan’s Future Land Use Map provides guidance on desired patterns of land use. When zoning map changes are proposed that are in significant conflict with the Future Land Use Map, as determined by the Planning Director, the petitioner is required to submit a petition for plan amendment. The UDO establishes procedures required for neighborhood meetings, application submittal, and review and consideration by advisory and governing bodies.

Responsibility: Process applications for Plan Amendments in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, preparing summary reports for the Joint City-County Planning Committee (JCCPC), preparing staff reports and recommendations, on-going applicant contact and information, managing public notice, managing Planning Commission review and recommendation, managing governing board review and decision, and maintaining public records. City- or County-initiated Plan Amendments also include conducting neighborhood meetings.

Authority: UDO Section 3.4, Comprehensive Plan Adoption/Amendment.

2.4 Annexation Coordination (Ongoing) Description: Coordinate multi-departmental review of voluntary annexation petitions.

Responsibility: Serve as the lead agency for consolidated annexation agenda items, including processing applications for voluntary annexation in a timely manner and in accordance with State statute and Department procedures. This includes pre-submittal conferences, application intake, preparation of staff reports and recommendations, on-going applicant contact and information, managing public notice, managing governing board consideration, and maintaining public records. It also includes incorporating Utility Impact Analysis (UIA) information from Public Works, Fiscal Impact Analysis (FIA), and initial zoning information into the coordinated City Council recommendation.

Authority: Coordinated Annexation Strategy resolution, adopted by City Council in October, 2012.

2.5 Board of Adjustment (BOA) 2.5.1 BOA Support (Ongoing)

Description: The BOA is the quasi-judicial approving authority for variances, minor special use permits, design special use permits, and appeals of administrative decisions.

Responsibility: Provide ongoing support for the BOA. Prepare agendas, prepare meeting notices and advertisements, arrange and attend meetings, prepare meeting minutes or notes, maintain records, and provide public information.

Authority: UDO Section 2.4, Board of Adjustment.

2.5.2 Special Use Permits (Ongoing) Description: A Special Use Permit is required for certain uses within certain zoning districts that have significant potential for incompatibility with adjacent and nearby uses and, therefore, require individual, quasi-judicial review. A


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Special Use Permit must be obtained when a property owner wishes to undertake one of the specified uses.

Minor Special Use Permits (mSUPs) are required for all uses identified as minor special uses within the UDO paragraph 5.1, Use Table; paragraph 8.4.4C, Development Requiring a Minor Special Use Permit; and other provisions of the Ordinance. Minor Special Use Permits are issued by the Durham City-County Board of Adjustment based on a quasi-judicial hearing as specified in UDO paragraph 3.9.6, Approval of a Minor Special Use Permit.

Major Special Use Permits (MSUPs) are required for all uses identified as major special uses within the UDO Section 5.1, Use Table; and paragraph 3.3.8, Transportation Special Use Permit. Major Special Use Permits are issued by the governing body based on a quasi-judicial hearing as specified in UDO paragraph 3.9.7, Approval of a Major Special Use Permit.

Design Special Use Permits are required for site plans and architectural reviews where alternative forms of compliance are sought in Design Districts, in accordance with UDO Section 3.9, Special Use Permit; Section 3.24, Design Special Use Permit; and paragraph 6.12.2, All Design Districts. Design Special Use Permits are issued by the Durham City-County Board of Adjustment based on a quasi-judicial hearing as specified in UDO paragraph 3.9.6, Approval of a Minor Special Use Permit, and the findings in paragraph 3.24.3, Criteria for Approval.

Responsibility: Process applications for Special Use Permits in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, managing review by multiple departments and agencies, preparation of staff reports and recommendations, on-going applicant contact and information, managing public notice, managing Board of Adjustment review and decision if applicable, managing governing board review and decision if applicable, and maintaining public records.

Authority: UDO Section 3.9, Special Use Permit.

2.5.3 Variances (Ongoing) Description: The Board of Adjustment may vary certain requirements of the UDO, in harmony with the general purpose of these regulations, where special conditions applicable to the property in question would make the strict enforcement of the regulations impractical or result in a hardship in making reasonable use of the property. Per State law, a use variance is not allowed.

Responsibilities: Process application for Variances in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, managing review by multiple departments and agencies, preparation of staff reports and recommendations, on-going applicant contact and information, managing public notice, managing Board of Adjustment review and decision, and maintaining public records.

Authority: UDO Section 3.14, Variances.


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2.5.4 Appeals of Administrative Decision (Ongoing) Description: Any person aggrieved by a final order, interpretation, or decision of any administrative official authorized to make decisions under the UDO may appeal those decisions to the Board of Adjustment.

Responsibilities: Process application for Appeals of Administrative Decisions in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, managing review by multiple departments and agencies, preparation of staff reports and recommendations, on-going applicant contact and information, managing public notice, managing Board of Adjustment review and decision, and maintaining public records.

Authority: UDO Section 3.15, Appeal of an Administrative Decision.

2.6 Historic Preservation Commission (HPC) Description: The HPC is the quasi-judicial approving authority for Certificates of Appropriateness and appeals of Demolition by Neglect findings, and reviews and makes recommendations to the governing bodies on historic districts and historic landmarks.

Responsibility: Provide ongoing support for the HPC. Prepare agendas, prepare meeting notices and advertisements, arrange and attend meetings, prepare meeting minutes or notes, maintain records, and provide public information.

Authority: UDO Section 2.5, Historic Preservation Commission.

2.6.1 Certified Local Government Management (Ongoing) Description: Certified Local Government (CLG) status allows a jurisdiction with a qualifying historic preservation program access to technical assistance from the State Historic Preservation Office, participation in the National Register nomination process, and eligibility to apply for Historic Preservation Fund matching grants.

Responsibilities: Continue to maintain CLG status. Prepare annual reports for the State Historic Preservation Office; apply for and administer grants for historic preservation studies; review nominations for the National Register of Historic Places; review Section 106 inquiries; and participate in training for staff and Historic Preservation Commission members.

Authority: National Historic Preservation Act of 1966, as amended and 36 CFR Part 61.

2.6.2 Certificates of Appropriateness (COAs) (Ongoing) Description: The City Council and Board of County Commissioners are authorized to establish local historic districts and local landmarks. Proposed exterior changes in appearance of properties in local historic districts and local landmarks require the approval of a Certificate of Appropriateness from the HPC. For local historic districts, the Commission uses the review criteria in the adopted historic preservation plan to guide their quasi-judicial determination of COAs. For local historic landmarks, the Commission uses the Secretary of Interior’s Standards to guide their determination of COAs. The Commission delegates administrative approval to staff for certain activities with insignificant impact on the exterior appearance of the historic structures.


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Responsibilities: Process applications for COAs in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, preparation of staff reports and recommendations, on-going applicant contact and information, managing public notice, managing HPC review, issuance of decision, and maintaining public records.

Authority: UDO Section 3.17, Certificate of Appropriateness; and adopted Historic District Preservation Plans.

2.6.3 Historic Landmarks and Landmark Signs (Ongoing) Description: The City Council and Board of County Commissioners are authorized to establish local historic landmarks and landmark signs. Local landmarks are designated with the consent of the property owner and subject the property to Certificate of Appropriateness requirements. Local landmarks are eligible for a deferral of local property taxes for one-half of their appraised value.

Responsibilities: Process application for Historic Landmarks and Landmark Signs in a timely manner and in keeping with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, submission of the application to the NC State Historic Preservation Office for comment, preparation of staff reports and recommendations, on-going applicant contact and information, managing public notice, managing Historic Preservation Commission review and recommendation, managing governing board review, issuance of decision, maintaining public records, and follow-up with the County Tax Administrator’s Office.

Authority: UDO Section 3.16, Historic District or Landmark Designation.

2.6.4 Demolition by Neglect (Ongoing) Description: Owners of certain historic properties within the City limits are required to maintain their properties and not allow them to fall into disrepair. The UDO in paragraph 3.18.1A, Conditions of Neglect Defined and Prohibited, describes the conditions of neglect that must be remedied within the time set by an administrative determination. Property owners and staff may formally request the Planning Director’s determination that a property is being demolished by neglect.

Responsibilities. Respond to petitions for a Demolition by Neglect determination in a timely manner and in accordance with UDO requirements and Department procedures.

Authority: UDO Section 3.18, Demolition by Neglect (City Only).

2.7 Street Closings (Ongoing) Description: The Planning Department coordinates the review and approval of the petitioned closure of publicly dedicated streets in the City and County, except those under the jurisdiction of the NC Department of Transportation, pursuant to State law. Street closings require public hearings and approval by the governing body.


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Responsibility: Process applications for street closing in a timely manner and in accordance with State statute and Department procedures. This includes pre-submittal conferences, managing review by multiple departments and agencies, preparation of staff reports and recommendations, on-going applicant contact and information, managing public notice, managing governing board consideration and decision, recordation of the street closing plat, maintaining public records, and notification of appropriate local, State, and federal agencies after the street has been closed.

Authority: UDO paragraph 12.3, Streets; NCGS § 160A-299 (City); and NCGS § 153A-241 (County).

2.8 Street Renamings (Ongoing) Description: The Planning Department coordinates the review and approval of the petitioned renaming of streets in the City and County pursuant to State statute and the UDO. Street renaming requires public hearings and approval by the governing body.

Responsibility: Process applications for street renaming in a timely manner and in accordance with UDO requirements and Department procedures.

Authority: UDO paragraph 12.3.2, Street Names

2.9 Statutory Vested Rights Determinations (Ongoing) Description: The UDO establishes a procedure for obtaining a statutory vested right in conformance with NCGS § 153A-344.1 and NCGS § 160A-385.1. A vested right may be established upon approval of a "site specific development plan." New or amended zoning regulations shall not apply to a property with an established vested right until the vested right expires or is terminated.

Responsibility: Process applications for Statutory Vested Rights Determination in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, preparation of staff reports and recommendations, on-going applicant contact and information, managing public notice, managing governing board consideration, and maintaining public records.

Authority: UDO paragraph 3.20, Statutory Vested Rights Determination.

3 Zoning Administration Ensure compliance with adopted regulations and in confiormance with granted approvals. Manage physical and digital records in accordance with State statutes and UDO requirements.

3.1 Site Compliance Inspections (Ongoing) Description: Each development in Durham that has an associated site plan must receive a sign-off on the Certificate of Compliance from the City-County Inspections Department and other City and County Departments prior to occupancy. The UDO requires that new development must be built in accordance with approved site plans in order to remain valid. Planning staff enforce these provisions by performing site evaluations. Planning sign-offs on Certificates of Compliance are based on site visits (and follow-up visits) conducted by Planning Department staff.

In addition, the Planning Department responds to citizen complaints regarding non-compliance with approved site plans through site investigations and follow-up reports and, when violations are found, enforcement actions.

http://www.durhamnc.gov/udo/viewPopup.asp?Index=4424

http://www.durhamnc.gov/udo/viewPopup.asp?Index=4236


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Responsibility: Perform site visits to evaluate whether building and site construction comply with the adopted site plan. Process applications for Swimming Pool Compliance Review in a timely manner and in accordance with UDO requirements and Department procedures.

Authority: UDO Article 15, Enforcement; paragraph 3.7.9, Inspections of Required Improvements; paragraph 3.7.10, Issuance of Certificate of Compliance; and paragraph 5.4.9, Swimming Pools.

3.2 Zoning Enforcement Enforce provision of the Unified Development Ordinance proactively and on a complaint basis. Track all enforcement actions taken by updating LDO and hard copy files.

3.2.1 Response to Complaints (Ongoing) Description: In response to complaints, work with citizens and staff to ensure compliance with development ordinances.

Responsibility: Investigate complaints in accordance with Director’s Guidelines for Enforcement. Issue Notices of Violation, as appropriate. Update records in the database, referencing specific complaints and any enforcement actions taken. Track cases systematically with the database. Communicate with the complainant and violator regarding case status.

Authority: UDO Article 15, Enforcement.

3.2.2 Proactive Enforcement (Ongoing) Description: In response to observations from patrol, work with citizens and staff to ensure compliance with the UDO and other ordinances.

Responsibility: Patrol assigned area and enforce UDO provisions as necessary. Follow the Planning Directors’ guidelines for enforcement. Issue Notices of Violation, as appropriate. Update records in the database referencing specific complaints and any enforcement actions taken. Track cases systematically through the database. Communicate with the complainant and violator regarding case status. Remove and dispose of illegally placed signs.


3.2.3 Patrol Program (NEW) Description: In response to a rising number of complaints, the Department wishes to implement an explicit program of proactive patrol throughout the County, to ensure that each property is visually observed at least once a year for any potential violation of the UDO. The specific level of patrol is currently under evaluation and is dependent on resources.

Responsibility: Zoning enforcement officers to visually evaluate (from public right-of-way) properties to determine whether or not there are any visible violations of the UDO.



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4 Policy and Urban Design Prepare plans, policies, programs, and recommendations about land use, historic preservation, urban design, environmental protection, trails and greenways, and open spaces to preserve Durham’s natural and cultural resources.

4.1 Unified Development Ordinance Text Amendments Description: Development issues give rise to changes in Durham’s development regulations. Citizens may apply for zoning text amendments, or the City or County may initiate zoning text amendments.

Responsibility: Propose and process amendments to the Unified Development Ordinance (UDO) as necessary to respond to development and regulatory issues in a timely manner and in accordance with the UDO. This includes pre-submittal conferences as needed; application intake; on-going applicant contact and information as applicable; coordination of review by other staff, other City, County, and State agencies and the public; preparation of policy guidance documents for review by the Joint City-County Planning Committee (JCCPC); preparation of staff reports and recommendations; managing public notice and holding public informational meetings as needed; managing Planning Commission review and recommendation; managing governing board reviews and decisions; and maintaining public records.

Authority: UDO Section 3.19, Text Amendments.

4.1.1 Respond to Legislative Mandates (Ongoing) Description: Propose amendments to the UDO to comply with changes to local, State, and federal regulations.

4.1.2 City and County Initiated Text Amendments (Ongoing) Description: Process City and County requests for zoning text amendments in a timely manner and in keeping with the UDO.

4.1.3 Privately Initiated Text Amendments (Ongoing) Description: Process private applications for zoning text amendments in a timely manner and in keeping with the UDO.

4.1.4 Technical Changes and Minor Changes (Ongoing) Description: Process technical and minor changes to the UDO in keeping with direction from the City and County Managers and the Joint City-County Planning Committee.

4.1.5 Design District Update (Multi-year Project) Description: Propose amendments to the UDO to simplify and restructure components of the design districts in response to staff, development community, and public feedback and experience with this new type of zoning (Part 1). Create new complete street types, including typical cross-sections, for use in design districts (Part 2).

Deliverable: TBD.

4.1.6 Landscaping Update (Multi-year Project) Description: Propose amendments to the UDO to simplify buffer requirements and improve coordination of environmental regulations (such as tree coverage) and open space requirements with landscaping provisions.


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Deliverable: TBD.

4.1.7 Signs (NEW) Description: Propose amendments to the UDO to revise sign regulations to be in compliance with the U.S. Supreme Court ruling in Reed v. Town of Gilbert.

Deliverable: TBD.

4.1.8 Compact Design District Update for Suburban Stations (NEW) Description: Propose amendments to the UDO to adapt the design district standards to Compact Neighborhoods located in suburban areas (Leigh Village, Patterson Place, and South Square/MLK).

Deliverable: TBD.

4.1.9 Article 7 and Design Commitment Revisions (NEW) Description: Propose amendments to the UDO to improve and simplify regulations for general architectural design standards and development plan design commitments which are generally ineffective and difficult to administer.

Deliverable: TBD.

4.2 Transportation Planning Provide transportation planning services to the City and County, and the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO). This includes representing Durham County on the MPO Technical Coordinating Committee and preparing socio-economic projections for the long range transportation plan, etc.

4.2.1 Regional and State Transportation Planning (Ongoing) Description: Participate in regional transportation planning with the DCHC MPO. Participate with Go Triangle and other jurisdictions in the region to plan a regional transit system, including locating transit-oriented neighborhoods at proposed transit stations.

4.2.2 County Transportation Planning (Ongoing) Description: Represent Durham County on the DCHC MPO Technical Committee and various subcommittees, including but not limited to the Unified Planning Work Program (UPWP) Oversight Committee, and Comprehensive Transportation Plan and Metropolitan Transportation Plan committees. Assist the DCHC MPO on behalf of the County with analysis of various land use, demographic, and transportation models and scenarios to better inform land use and transportation policy, and assist with development of policies that improve transportation choices and regional mobility. Submit annual budgets and quarterly reports for the UPWP.

4.2.3 City Transportation Planning (Ongoing) Description: Represent the City of Durham on the DCHC MPO Technical Committee. Assist the DCHC MPO with analysis of various land use, demographic, and transportation models and scenarios to better inform land use and transportation policy. Assist with development of policies that improve transportation choices and regional mobility.


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4.2.4 Station Area Strategic Infrastructure Plan (Multi-year Project) Description: With the assistance of a multi-department technical advisory group, prepare recommendations about infrastructure improvements that will be needed around regional transit stations. Prepare recommendations about infrastructure needed for access on opening day, infrastructure needed to support higher density, mixed use development, strategies to capture the increase in property value as a vehicle to finance infrastructure improvements.

Deliverable: TBD.

4.2.5 Patterson Place Compact Design District (NEW) Description: Analyze and receive stakeholder input on a comprehensive rezoning of the Patterson Place Compact Neighborhood to a Compact Design (CD) zoning district, including the delineation of the Core, Suport-1 and Support-2 subdistricts.

Deliverable: TDB.

4.2.6 FTA Grant Administration (NEW) Description: : As a partner with GoTriangle, assist in the oversight of the 1.1 million dollar Federal Transit Administration planning grant. GoTriangle is procuring a consultant that will conduct market analyses in all light-rail station areas, and conduct Phase II of the Station Area Strategic Infrastructure study.

Deliverable: TDB.

4.3 Historic Preservation Planning Prepare plans and develop draft policies for the protection of Durham’s historic resources in accordance with direction from the governing boards.

4.3.1 Holloway Street Historic District Expansion (Multi-year Project) Description: Respond to citizen petitions for the expansion of the existing Holloway Street Historic District, including surveying existing conditions and preparing a historic district preservation plan that includes design criteria reflecting the historic character of the area.

Deliverable: TBD.

4.3.2 Golden Belt Local Historic District (Multi-year Project) Description: Respond to citizen petitions for the establishment of a local historic district in the area around the Golden Belt facility in northeast Durham, including surveying existing conditions and preparing a historic district preservation plan that includes policies reflecting the historic character of the area. Deliverable: TBD.

4.4 Environmental Planning Prepare plans and develop draft policies for the protection of Durham’s environmental resources in accordance with direction from the governing boards.


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4.4.1 Urban Open Space Plan (Multi-year Project) Description: Prepare a plan for the preservation and protection of urban open spaces, providing guidance for the City administration about protection, preservation, acquisition, and/or development of those open space areas deemed most important.

Deliverable: TBD.

4.4.2 Watershed Determinations (Ongoing) Description: When the precise location of a water supply watershed boundary is unclear, a formal determination by the Planning Director with concurrence of the relevant governing body and the State of North Carolina is required. The North Carolina Administrative Code requires that the North Carolina Environmental Management Commission (EMC) approve all expansions and deletions to protected and critical area boundaries prior to adoption by the local government.

Responsibility: Process private requests for watershed determinations in accordance with UDO requirements and Department procedures. This includes preparation of staff reports and recommendations, routing the request to the EMC for approval,on-going applicant contact and information, managing public notice, managing Planning Commission review and recommendation, managing governing board consideration, and maintaining public records.

Authority: UDO Section 4.11.3, Rules for Interpretation of Overlay Boundaries, and the North Carolina Administrative Code.

4.4.3 NFIP Community Rating System (County Only) (Ongoing) Description: The National Flood Insurance Program's (NFIP) Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements. As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions. The goals of the CRS program are to reduce flood losses, facilitate accurate insurance rating, and promote the awareness of flood insurance. The objective of the Community Rating System (CRS) is to reward communities that are doing more than meeting the minimum NFIP requirements to help their citizens prevent or reduce flood losses. The CRS also provides an incentive for communities to initiate new flood protection activities.

Responsibility: Process annual application for certification of Durham County’s National Flood Insurance Program Community Rating System (NFIP CRS) program. Implement public outreach and education related to floodplain issues; enforce applicable floodplain regulations; and develop and implement enhancements to open space acquisition, repetitive loss reduction strategy, and maintenance of streams and other waterways.

Authority: Direction from the County Manager.

4.5 Comprehensive Plan Annual Evaluation and Assessment Report (Ongoing) Description: Prepare an annual evaluation and assessment report to the governing boards, in accordance with the Durham Comprehensive Plan, Policy 1.1.4a, Evaluation


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and Assessment, to evaluate the status and effectiveness in implementing the Plan’s goals, objectives, and policies.

Deliverable: Draft EAR for JCCPC and Planning Commission consideration by May 2017.

4.6 Demographic Support (Ongoing) Description: File annual annexation and boundary surveys with the State and federal governments. Provide technical support for identifying new Census Tract boundaries. Staff US Census Complete Count Committee. Manage and maintain population estimates for the City and County of Durham. Provide demographic information to citizens and project future population growth.

Deliverable: State report submitted in August 2016; Federal report submitted in March 2017.

4.7 Urban Design Studios (Ongoing) Description: Plan, organize and facilitate design-focused public outreach events (workshops, charrettes, presentations, etc.) for specific topics or special projects not already associated with a work program project.

Deliverable: No specific deliverable is forecast as Urban Design Studios are developed mon an as-needed basis.

4.8 Comprehensive Plan Community Profile (NEW) Description: Perform research and analysis on trends, capacity, and projections that affect growth and Durham to serve as background for an updated Comprehensive Plan. The profile will consist of two primary components: 1) Trends Analysis, including demographics, housing, and employment, and 2) Growth Capacity, including infrastructure capacity and environmental constraints.

Deliverable: TBD.

4.9 East End Connector Land Use Analysis (Multi-year Project) Description: Assess and analyze the impact of the East End Connector project on adjacent and nearby land and recommend policies to address identified impacts (if appropriate).

Deliverable: TBD.

4.10 Angier/Driver Commercial Infill (NEW) Description: Apply the Commercial Infill (CI) zoning district to appropriate properties in the Angier/Driver business district to remove regulatory impediments to reinvestment.

Deliverable: TBD.

4.11 Old West Durham Neighborhood Protection Overlay (NEW) Description: Respond to neighborhood application for the creation of an Old West Durham Neighborhood Protection Overlay (NPO) district. The NPO is authorized by the UDO to craft context sensitive zoning regulations for the protection of established neighborhoods.

Deliverable: TBD.


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5 Customer Service and Engagement Provide accurate and timely information about the community, procedures, and Department recommendations to citizen and elected officials. Engage the community in planning issues on an on-going basis.

5.1 Community Outreach Present to community organizations about planning concepts and inform the public about the role and objectives of land use planning. Provide information to City and County Departments about planning and zoning activities. Disseminate information through activities, including but not limited to, such as the department newsletter, Neighborhood College and City College, social media, and maintenance of the community organization directory and public notice distribution list.

5.1.1 Public Education (Ongoing) Description: Present information to citizen and neighborhood groups on an ad hoc basis on topics of particular interest. Provde forums such as lunch and learns on topics of interest for intra- and inter-departmental groups.

5.1.2 Newsletter and Social Media (Ongoing) Description: Publish a newsletter that updates the community on activities undertaken by the Department. Establish a robust presence on various forms of social media, as a means of obtaining meaningful citizen input and feedback.

5.1.3 Planning Academy Program (Ongoing) Description: Develop a follow-up course to City College and Neighborhood College for community members and local government employees to explore planning issues in greater detail. Graduates of the Planning Academy would serve as community ambassadors to their respective neighborhoods and as points of contact for the Planning Department.

5.1.4 Community Listening Sessions (Ongoing) Description: Plan, organize, and facilitate a regularly scheduled public forum for planning-related community concerns. Feedback from these sessions will help inform the department’s annual work proram priorities, and identify needs for future Urban Design Studios.

5.1.5 Educational Instituion Partnerships (Ongoing) Description: Develop a plan to more effectively interact with nearby universities, including North Carolina Central University, Durham Technical College, Duke University, and the Univeristy of North Carolina at Chapel Hill. Develop a more formal internship and mentoring program to strengthen the bond between the department and the university community. Identify and publicize opportunities for student volunteers in partnership with local schools.

5.2 Advisory Body Support Provide ongoing support for advisory bodies appointed by the Durham City Council and Board of County Commissioners.

5.2.1 Durham Open Space and Trails Commission (DOST) (Ongoing) Description: The DOST provides advice to the City Council and Board of County Commissioners on matters relating to open space preservation and trail development. In order to provide recreational and environmental benefits for the citizens of Durham County, the DOST promotes the preservation of valuable open spaces, natural vegetation, and stream valleys within the urban and rural


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environment, and the development of trails and other appropriate recreational and transportation facilities for pedestrians and bicycles.

Responsibility: Provide ongoing support for the DOST. Prepare agendas, prepare meeting notices and advertisements, arrange and attend meetings, prepare meeting minutes or notes, maintain records, and provide public information.

Authority: City of Durham and County of Durham Interlocal Cooperation Agreement for Open Space and Trails Planning

5.2.2 Environmental Affairs Board (EAB) (Ongoing) Description: The EAB advises and assists the City and County on matters related to the maintenance and improvement of the quality and safety of the environment.

Responsibility: Provide ongoing support for the EAB. Prepare agendas, prepare meeting notices and advertisements, arrange and attend meetings, prepare meeting minutes or notes, maintain records, and provide public information.

Authority: City of Durham and County of Durham Interlocal Cooperation Agreement for the Durham Environmental Affairs Board

5.2.3 Appearance Commission (Ongoing) Description: The Appearance Commission’s mission is to enhance and improve the visual quality and aesthetic character of Durham City and County. They provide advice to the City and County on matters of community beautification.

Responsibility: Provide ongoing support for the Appearance Commission. Prepare agendas, prepare meeting notices and advertisements, arrange and attend meetings, prepare meeting minutes or notes, maintain records, and provide public information.

Authority: Interlocal Agreement Between the City of Durham and Durham County Creating a Durham City-County Appearance Commission

5.3 Inter-agency Coordination Provide support and share information to a variety of inter-agency and inter-governmental bodies.

5.3.1 Durham-Chapel Hill-Orange Work Group (Ongoing) Description: Update elected and appointed officials of this intergovernmental work group at quarterly meetings. Provide liaison services on behalf of Durham County and the City of Durham.

5.3.2 Center of the Region Enterprise (Ongoing) Description: Represent the City and County of Durham from a land use planning perspective for this intergovernmental work group.

5.3.3 Regional Appearance Committee (Ongoing) Description: Represent the City and County of Durham from a land use planning perspective for this intergovernmental work group operated by the Triangle J Council of Governments.


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5.3.4 Durham Appearance Advocacy Group (Ongoing) Description: Represent the Planning Department and provide information on land use planning and regulation for this intergovernmental and citizen work group.

5.4 Customer Service Center Provide personal service in the Customer Service Center to walk-in visitors, telephone, and email contacts about zoning and other Planning Department activities. Provide receptionist services for the Department.

5.4.1 Public Information (Ongoing) Upon request, provide general planning information to citizens, developers, appointed and elected officials, City and County Public Information Offices, and the media about planning programs and activities. Upon request, respond to formal public records requests.

5.4.2 Limited Agriculture Permits (Ongoing) Description: Maintaining domestic chickens for non-commercial uses within the City limits requires a Limited Agriculture Permit per the UDO.

Responsibility: Process applications for Limited Agriculture Permits in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences, application intake, verifying that the notification requirements have been met, conducting administrative reviews as needed, conducting site compliance investigations, and maintaining public records.

Authority: UDO Section 3.22, Limited Agriculture Permit (City Only); and paragraph 5.4.12, Limited Agriculture (City Only).

5.4.3 Home Occupation Inspections and Permits (Ongoing) Description: Commercial enterprises undertaken from residential structures must meet City-County standards and require a home occupation permit from the Planning Director or designee.

Responsibility: Process applications for Home Occupation Permits in a timely manner and in accordance with UDO requirements and Department procedures. This includes pre-submittal conferences as needed, application intake, review of proposals for home occupation permits, conducting site visits as necessary, issuing required permits, and maintaining public records.

Authority: UDO Section 3.13, Home Occupation Permit; and paragraph 5.4.4, Home Occupations.

5.4.4 Family Care Homes and Group Homes Monitoring and Compliance (Ongoing) Description: Family care homes are dwellings defined in NCGS § 168-21; group homes are dwellings that are State-licensed; provide room and board for persons who because of age, illness, handicap, or specialized program, require personalized services or a supervised living arrangement.

Responsibility: The Planning Department: a) maintains a database of family care homes and group homes; b) coordinates the database with the North Carolina Department of Health and Human Services, Division of Health Service


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Regulation (NCDHSR) listings, the City business license office, and the County Health Department on a regular basis; c) works with the County Health Department to require verification of zoning and compliance with separation standards for family care and group homes. Additionally, the Planning Department processes requests for business verification letters for new family care and group homes, including pre-submittal conferences as needed, application intake, verifying the proposed location meets the UDO separation requirements, investigating complaints and performing enforcement actions as needed, and maintaining public records.

Authority: Directives from the City and County Managers, and UDO paragraph 5.3.2C, Family Care Homes and Group Homes.

5.4.5 Outdoor Seating Permits (Ongoing) Description: Outdoor dining areas located in the public right-of-way require a permit.

Responsibility: Process applications for Outdoor Seating Permits in a timely manner and in accordance with City Code and Department procedures. This includes pre-submittal conferences as needed, providing background information to applicants, application intake, conducting administrative reviews for compliance with standards, installing outdoor dining area markers, issuing required permits, conducting site compliance investigations, and maintaining public records.

Authority: City Code, Section 54-110, Outdoor Dining Area.

5.4.6 Street Vendor Registration and Compliance (Ongoing) Description: Durham City Code establishes standards for street vendors operating in the public rights-of-way and requires that they be registered annually with the City. The Planning Department has been delegated the tasks related to street vendor registration and compliance by the City Manager.

Responsibility: Process applications for Street Vendor Registration in a timely manner and in accordance with City code requirements and Department procedures. These include informing the street vendors of the requirements, processing Street Vendor Registration initial requests and annual renewals, conducting pre-submittal conferences as needed, application intake, coordination with the County Health Department as needed, investigating complaints, performing enforcement actions as needed, maintaining public records, and maintaining a database of street vendors.

Authority: City Code, Chapter 54-91, Right of Way Sales Activities, and the City Manager.


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5.4.7 Selective Vegetation Removal Permits (Ongoing) Description: A property owner may submit a request to the NC Department of Transportation for a selective vegetation removal permit to open up views to a building or a legally-erected billboard located directly adjacent to limited- or controlled-access State highway right-of-way that is also within City limits. In addition, all beautification and replanting plans within a State highway right-of-way, except mitigation plans, must be submitted to either the City or County of Durham, as appropriate. The Planning Department coordinates the reviews of these requests and responses to NCDOT.

Responsibility: Review Selective Vegetation Removal Permits and/or Beautification and Replanting Plans in a timely manner and in accordance with State law. This includes maintaining registration with the NCDOT for the City and County, receipt of requests, soliciting comments from other departments and agencies, issuance of a response letter to NCDOT, maintaining public records, and keeping the elected officials informed when new requests are received.

Authority: NCGS § 19A NCAC 02E.0600.

5.4.8 Zoning Verification (Ongoing) Description: As requested, provide zoning verification, business verification, ABC permit zoning verification, NC Division of Motor Vehicle zoning verification (for new motor vehicle sales), air quality permit zoning verification, family care home and group home business verification, and single-family zoning compliance letters.

Responsibility: Process Zoning Verification Requests in a timely manner and in accordance with UDO requirements and Department procedures.

Authority: Director’s discretion to grant based on requests from outside agencies

6 Department Management

6.1 Department Management and Administration • Prepare annual Department budget for the City and County. • Monitor and report on performance measures. • Monitor Department spending and accounts. Monitor timely deposit of receipts,

including development application fees. Maintain fiscal records for audit and review.

• Prepare annual work program and monthly reports on work program progress. Secure review and approval of annual work program from the Planning Commission, the Joint City-County Planning Committee, City and County Managers, and governing boards.

• Develop scope of services, prepare requests for proposals, evaluate proposals, prepare contracts, and secure governing board approval to enter into a contract. Develop and execute contracts as needed, and manage consultant projects.

• Monitor interlocal cooperation agreements.


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• Work with Risk Division to improve employee safety. Educate staff on OSHA requirements.

• Maintain planning-related documents to meet State requirements, including document filing and scanning.

• General office management, including handling mail and ordering supplies. • Consult with the City and County Attorney’s Offices as needed on matters

related to City and County codes and litigation. • Engage in quality assurance activities, including: review of staff reports,

agendas, advertisements and notices, and progress reports; respond to management inquiries from the City and County Managers, members of governing and advisory boards, customers, and citizens.

6.2 Performance and Personnel Management Prepare and maintain performance standards for each employee, conduct and participate in annual coaching sessions, and conduct and participate in annual performance evaluations in a timely manner. Conduct and attend Section, Division, and Department staff meetings. Conduct regular staff meetings to facilitate flow of management information and monitor work performance.

6.3 Professional Development Provide opportunities and funding for the professional development of Department staff, including State and national professional conferences, web seminars, etc. Coordinate training programs for Departmental staff.

6.4 Intergovernmental Coordination Provide ongoing support planning coordination among neighboring jurisdictions. This includes the Durham-Chapel Hill-Work Group, the Center of the Region (CORE) committee, the Land Use/Community Infrastructure/Development (LUCID) Committee, and other Triangle J Council of Governments (TJCOG) Committees.

6.5 City, County, and Planning Department Strategic Plans Implement the Planning Department Strategic Plan for the next two to three years. Participate in staff initiatives to implement the adopted City Strategic Plan. Participate in staff initiatives to implement the adopted County Strategic Plan.

6.6 Culture of Service Initiatives Conduct staff initiatives to implement the City’s Culture of Services goals and respond to concerns raised by the Employee Opinion Survey.

6.7 Governing Bodies Support Provide ongoing support for the governing bodies, including preparing agendas or agenda items, arranging and/or attending meetings, preparing meeting minutes or notes if applicable, maintaining records, and providing public information.

6.7.1 Board of Commissioners 6.7.2 City Council 6.7.3 Joint City-County Planning Committee

6.8 Website Develop and maintain the Planning Department’s web site to provide information to citizens about planning and development activities. Continue to expand the Department’s Internet website to be as complete and as interactive as possible.


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6.9 Computer, GIS, and Data Support Manage and maintain geospatial databases of planning-related information. Provide mapping support and research for staff. Create and manage databases of planning-related topics. Manage the Land Development Office (LDO) software used by multiple City and County departments to coordinate the review of development proposals. Manage updates to the Durham Zoning Atlas. Provide basic hardware and software support for Planning staff, including input and quotes for new technology. Serve as liaison to the Technology Solutions Department.

6.10 Customer Satisfaction Feedback Solicit feedback on the Planning Department’s performance in serving its numerous and diverse customers, including elected boards, advisory boards, development review applicants and consultants, comprehensive and neighborhood planning stakeholders, and citizens.

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Durham City-County Planning Department Un-prioritized Future Projects

January, 2016 1. Bahama Rural Village Plan

Prepare a land use plan for the rural village of Bahama. Explore design guidelines to protect its character, and encourage appropriate and compatible infill development. Investigate establishment of a historic district (Durham Comprehensive Plan, Policy 2.2.1e, Rural Villages).

2. Compact Design District Zoning, Alston Avenue Rezone the Alston Avenue Area Compact Neighborhood to Compact Design (and its sub-districts) to enhance the street level experience and provide a mixture of goods and services near the proposed transit station by requiring that development be transit-, bicycle- and pedestrian-oriented (Durham Comprehensive Plan, Policy 2.2.4c, Compact Neighborhood Zoning).

3. Compact Design District Zoning, Duke University Medical Center and West Durham Rezone the Duke University Medical Center/West Durham Compact Neighborhood to Compact Design (and its sub-districts) to enhance the street level experience and provide a mixture of goods and services near the proposed transit station by requiring that development be transit-, bicycle- and pedestrian-oriented (Durham Comprehensive Plan, Policy 2.2.4c, Compact Neighborhood Zoning).

4. Compact Design District Zoning, South Square/MLK Rezone the South Square/MLK station area to Compact Design (and its sub-districts) upon adoption of a Compact Neighborhood Tier to enhance the street level experience and provide a mixture of goods and services near the proposed transit station by requiring that development be transit-, bicycle- and pedestrian-oriented (Durham Comprehensive Plan, Policy 2.2.4c, Compact Neighborhood Zoning, and Policy 2.4.1e, Newly Designated Transit Areas).

5. Compact Design District Zoning, Leigh Village Rezone the Leigh Village station area to Compact Design (and its sub-districts) upon adoption of a Compact Neighborhood Tier to enhance the street level experience and provide a mixture of goods and services near the proposed transit station by requiring that development be transit-, bicycle- and pedestrian-oriented (Durham Comprehensive Plan, Policy 2.2.4c, Compact Neighborhood Zoning, and Policy 2.4.1e, Newly Designated Transit Areas).

6. Fiscal Impact Assessment Tool Create a mechanism with which to measure fiscal and economic impacts of proposed changes to the Future Land Use Map and/or Zoning Atlas (Durham Comprehensive Plan, Policy 2.3.2b, Fiscal Impact Assessment).

7. Land Use Plan Update, Burdens Creek/NC-55/South Alston Avenue Prepare detailed land use plan updates for Burdens Creek, NC 55 and South Alston Avenue area, considering the capacity of infrastructure and the demand for specific land uses (Durham Comprehensive Plan, Policy 2.5.2b, Land Use Plan Updates).

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8. Land Use Plan Update, Durham Technical Community College Area Prepare detailed land use plan updates for Durham Technical Community College area, considering the capacity of infrastructure and the demand for specific land uses. Investigate a zoning map change to a University and College District for the Durham Technical Community College campus. (Durham Comprehensive Plan, Policy 2.5.2b, Land Use Updates).

9. Land Use Plan Update, Eastern Suburban Tier/US-70/South Miami Boulevard/I-40 Area Prepare detailed land use plan update for the area bounded by the Eastern Suburban Tier Boundary/US-70/South Miami Boulevard/I-40, considering the capacity of infrastructure and the demand for specific land uses (Durham Comprehensive Plan, Policy 2.5.2b, Land Use Updates).

10. Land Use Plan Update, Eastern Suburban Tier/Olive Branch Road/Lick Creek/US-70 Area Prepare detailed land use plan updates for the area bounded by the Eastern Suburban Tier Boundary/Olive Branch Road/Lick Creek/US-70 (Durham Comprehensive Plan, Policy 2.5.2b, Land Use Updates).

11. Local Historic District Land Use Evaluation Prepare detailed land use plan updates for all Local Historic Districts to ensure that land use policy and regulations for the district are consistent with historic patterns and district goals (Durham Comprehensive Plan, Policy 2.5.3b, Local Historic District Land Use Analysis).

12. Revisions to the UDO, Off-Street Parking Requirements Revise the UDO to update off-street parking standards and requirements (Durham Comprehensive Plan, Policy 4.1.1i, Parking Standards).

13. Revisions to the UDO, Commercial Development Standards Revise the UDO to develop incentives to encourage the retrofitting of strip development and aging and vacant shopping centers into pedestrian-friendly mixed use centers as appropriate. Revise the UDO to establish standards for the appearance of strip commercial developments (Durham Comprehensive Plan, Policy 4.2.3a, Commercial Development Design, and Policy 4.3.3b, Retrofit Strip Development).

14. Revisions to the UDO, On-Street Parking Revise the UDO to provide for on-street parking in the Suburban, Downtown, Urban, and Compact Neighborhood Tiers to minimize the size of lots and garages, maximize access, and provide additional street activity. Encourage attractive on-street parking through landscaped or hardscape bump-outs that break up lengthy street parking, shade trees and decorative lighting along the street, and decorative paving for the parking lanes (Durham Comprehensive Plan, Policy 4.2.4c, On-Street Parking).

15. Revisions to the UDO, Structured Parking Design Revise the UDO to require street front parking structures to be architecturally compatible with the surrounding area’s character. Require that parking structures be designed to include present or future street level retail or office space (Durham Comprehensive Plan, Policy 4.2.4d, Structured Parking Design).

16. Structured Parking Incentives Work with the City Office of Economic and Workforce Development and to explore options for incentives to encourage parking in structures rather than surface lots in Downtown, Urban, and Compact Neighborhood Tiers. (Durham Comprehensive Plan, Policy 4.2.4e, Structured Parking Incentives).

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17. Scenic Road Designation Work with the Appearance Commission to identify scenic rural roads that are not currently designated as NC Scenic Byways and develop proposals to preserve native and natural vegetation and discourage invasive species along those roads (Durham Comprehensive Plan, Policy 4.3.1c, Scenic Roads Identification and Policy 4.3.1d, Scenic Vista Preservation).

18. Revisions to the UDO, In-fill Development Design Propose UDO revisions to promote compatible infill housing on vacant or underutilized property within residentially developed portions of the community to reinforce the existing residential character. Include provisions for contextual design of both residential and nonresidential infill projects in the Downtown, Urban, and Compact Neighborhood Tiers (Durham Comprehensive Plan, Policy 4.3.2a, Infill Development Standards).

19. Architectural Resource Inventory and Preservation Work with the Historic Preservation Commission to update the City and County historic inventories (Durham Comprehensive Plan, Policy 5.1.1a, Historic Resource Inventories).

20. Historic Preservation Grant Assistance Develop a grant assistance program to encourage renovation of historic structures (Durham Comprehensive Plan, Policy 5.1.5b, Financial Assistance Sources).

21. Revisions to the UDO, Archaeological Resources Protection Work with the Historic Preservation Commission to prepare an inventory of archeological resources that identifies sites of archeological significance. (Durham Comprehensive Plan, Policy 5.1.6a, Archeological Inventory). Assess the significance of archaeological resources and develop criteria and regulations for the protection of the significant archaeological resources. Revise the UDO to require that the archeological resources in new development be protected and preserved (Durham Comprehensive Plan, Policy 5.1.6b, Preserving Archeological Resources).

22. Revisions to the UDO, Cemetery Protection Develop and maintain an inventory of cemetery sites in Durham. Work with the Historic Preservation Commission to identify appropriate strategies to mitigate adverse impact of new development on cemeteries (Durham Comprehensive Plan, Policy 5.1.6c, Cemetery Protection).

23. Historic Travel Corridor Investigations Prepare an inventory of segments of the Indian Trading Path, Fish Dam Road and other historic travel corridors in Durham to identify historic and archeological resources and assess their historic significance and integrity. Propose actions to protect and, if appropriate, interpret the most important corridors and sites (Durham Comprehensive Plan, Policy 5.1.7a, Travel Corridors Resource Inventory and Assessment). Revise the UDO to require that the resources be protected when new development is proposed (Durham Comprehensive Plan, Policy 5.1.7b, Preserving Historic Travel Corridors).

24. Establish and Monitor Environmental Indicators Work with the Environmental Affairs Board and other City and County Departments to identify and publish a set of environmental indicators to establish a baseline, and regularly monitor and assess changes in the quality of Durham’s natural environment (Durham Comprehensive Plan, Policy 7.1.1a, Environmental Indicators).

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25. Durham Inventory Update Coordinate an update of the “Durham County Inventory of Natural Areas, Plants, and Wildlife” with the North Carolina Department of Environmental Quality (Durham Comprehensive Plan, Policy 7.1.6d, Regular Inventory Updates).

26. Flat River Open Space Plan Prepare an open space plan for the Flat River basin area of Durham County, basing the plan on the integrated open space objectives of continuous open space corridors, water quality, wildlife habitat protection, scenic and aesthetic considerations, recreation, and preservation of significant historic and cultural features (Durham Comprehensive Plan, Policy 7.2.2e, Flat River Open Space Plan).

27. Mass Transit Level of Service Work with the City Public Works Department, the Durham Area Transit Authority (DATA), and the Triangle Transit Authority to evaluate and establish transit level of service standards for different Tiers and thoroughfare corridor segments to achieve a higher transit mode split (Durham Comprehensive Plan, Policy 8.1.3b, Mass Transit Level of Service Standards).

28. Impervious Surface Area Intensity Map Prepare a map showing, with the best available date, existing levels of impervious surfaces in Durham County, especially in the urbanized areas (Durham Comprehensive Plan, Policy 9.4.5b, Impervious Surfaces Mapping).

29. Planning Agreements with Granville, Person, and Chatham Counties Explore interest in and propose planning coordination and information sharing arrangements with Granville, Person, and Chatham Counties (Durham Comprehensive Plan, Policy 16.1.2b, Granville, Person and Chatham Counties).

30. Revisions to the UDO, Solar Orientation Standards Revise the UDO to establish standards for the design of new residential development to include solar orientation.

31. Special Use Permit/Variance Revise the UDO to incorporate standards for re-submittal of applications.

32. Miscellaneous Revisions to the UDO • Use Table Revisions • Limited Agriculture Permit/Urban Agriculture Revisions • Revisions to streets- public, private, and common access areas • Site Plan Applicability in Right-of-Way • TIA Expiration and Development Plans

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