Sec. 3.4. Comprehensive Plan Adoption/Amendment
3.4.1.
Applicability
A. The governing bodies shall consider adoption of or amendments to the Comprehensive Plan
The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., as may be required from time to time.
B. Adoption of or amendments to the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. shall only apply to the jurisdiction in which the subject property is located unless the property is the subject of an annexation petition, or the amendment is pursuant to paragraph 3.4.10, Evaluation and Assessment Report.
C. Amendments to the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. can take the form of text and/or map amendments.
3.4.2. Coordination with Applications for Zoning Map Change or Annexation
A. Place Type Map
No separate application shall be required to amend a Place Type map designation that is inconsistent with a zoning map change request. In accordance with State statute, if the zoning map change is approved, the Place Type map shall be considered amended to the applicable place type designation. A recommendation on the land use designation shall be provided by the Planning Director or designee.
B. Tier Boundary Map
When a zoning map change request requires an amendment to a Tier boundary, an application for amending the Tier shall be submitted concurrently with the zoning map change application. The public hearings for both applications may be heard at the same time; however, decisions shall be rendered with separate motions.
C. Urban Growth Boundary Map
No separate application shall be required to amend the Urban Growth Boundary location that is inconsistent with a zoning map change request. In accordance with State statute, if the annexation is approved, the Urban Growth Boundary map shall be considered amended to the applicable location. A recommendation on the new location of the Urban Growth Boundary shall be provided by the Planning Director or designee. Requested changes to the Urban Growth Boundary not associated with a Zoning Map Change request shall submit an application in accordance with paragraph 3.2.4, Application Requirementss.
D. Future Growth Area Map
No separate application shall be required to amend a Future Growth Area adopted in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services.. If the zoning map change is approved and the infrastructure for future growth as adopted in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. have been met, then all or a portion of the Future Growth Area designation shall be modified as recommended by the Planning Director or designee. Requested changes to a Future Growth Area not associated with a Zoning Map Change request shall submit an application in accordance with paragraph 3.2.4, Application Requirements.
3.4.3. Pre-Application Conference
Applicants applying for a plan amendment shall schedule a pre-application conference with the Planning Director or designee in accordance with paragraph 3.2.2, Pre-Application Conference.
3.4.4. Neighborhood Meeting
All applicants applying for a plan amendment shall hold a neighborhood meeting in accordance with paragraph 3.2.3, Neighborhood Meeting, except for the following:
A. Changes made pursuant to paragraph 3.4.10, Evaluation and Assessment Report; or
B. Amendments that are solely text amendments not specific to a particular site.
3.4.5. Application Requirements
An application for a plan amendment shall be submitted in accordance with paragraph 3.2.4, Application Requirements.
3.4.6. Action by the Planning Commission
A. Before making any recommendation on a plan amendment, the Planning Commission shall consider any recommendations from the Planning Director or designee, and shall conduct a public hearing.
B. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.
C. It is expected that the applicant or a representative of the applicant will appear at the meetings to explain why the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. should be changed.
D. Following the public hearing, the Planning Commission shall make a recommendation on the application to the governing body.
E. The Planning Commission shall make its recommendation within three consecutive regular Commission cycles (approximately 90 days total) of its initial public hearing on the amendment.
3.4.7. Criteria for Place Type Map Change Recommendations
The recommendations of the staff and Planning Commission to the governing body shall show that the following criteria were considered regarding a proposed change to the Place Type Map of the Durham Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services.:
A. Adequate public utilities A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility., emergency services, transportation services, and public schools are available to accommodate the request, and,
B. Durham’s ability to achieve the goals of the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. will be increased,
C. And, either:
1. Significant changes have occurred since the adoption of the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. and necessitate the proposed amendment; Or,
2. Inconsistencies in land use or other plan policies exist in the adopted Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. that affect Durham’s orderly growth and development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land..
D. In addition, Decisions on Place Type Map amendments shall include these additional considerations: For changes to a Place Type designation that changes the intensity of development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. envisioned for an area, whether the proposal has demonstrated benefits to affordable housing production, environmental goals, and approaches to equitable engagement and outcomes.
3.4.8. Additional Criteria for Modification of Tier Boundary
Where a plan amendment involves modification of the Tiers established in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., the following criteria shall be considered.
A. The site is contiguous to the proposed Tier;
B. The site is not in the drainage basin for Lake Michie or Little River or in the one-mile critical area around Jordan or Falls Reservoirs;
C. The extension does not violate The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. any agreements with neighboring jurisdictions; and
D. If the proposal is to expand the Suburban Tier, extending utilities to serve the site is determined to be technically feasible by the Public Works Director or designee and will not result in inordinate cost to the City.
3.4.9. Additional Criteria for Modification of the Urban Growth Boundary
A. Where a plan amendment involves modification of the Urban growth Boundary established in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., all the following criteria shall be considered:
1. The change does not expand the UGB further into a Critical Watershed All of the land area draining to a particular point on a water course or to a water body.;
2. The change does not significantly increase long-term infrastructure maintenance costs for the City or County; and
3. The change would address a clear need for the community based on the adopted Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. policies.
B. Notwithstanding the above criteria, the Governing Body shall consider whether those parcels See “Lot of record.” were previously included in the 2005 Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services.’s Suburban Development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. Tier.
3.4.10. Action by the Governing Body
A. Before taking action on a plan amendment, the governing body shall consider the recommendations of the Planning Commission and Planning Director, and shall conduct a public hearing.
B. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.
C. It is expected that the applicant or a representative of the applicant will appear at the meetings to explain why the plan should be changed.
D. Following the public hearing, the governing body may approve the amendment, deny the amendment, or send the amendment back to the Planning Commission for additional consideration.
E. An approval shall be by written resolution. The approval may be contingent upon conditions specified by the governing body. The effective date may be immediate or may be a date otherwise specified in the approval.
3.4.11. Evaluation and Assessment Report
A. Every two years, the Planning staff will prepare an evaluation and assessment report for review and approval by the governing bodies. The report will include a rectification of any differences between the adopted Place Type Map of the City and County.
B. The governing bodies shall hold public hearings for the approval of the report. Notification of the public hearings shall be pursuant to paragraph 3.2.5, Notice and Public Hearings.
3.4.12. Amendments to the Text of the Comprehensive Plan
A. Submittal
Applications submitted by a private individual or entity shall first be considered for appropriateness and priority by the Joint City-County Planning Committee (JCCPC) on an annual basis.
1. Staff shall provide the JCCPC with a preliminary analysis for each application;
2. Staff shall set annual deadlines for application submittals.
3. Fees shall be paid upon application submittal. Notification fees can be refunded upon request of the applicant if the applicant withdraws the application within two weeks from the date the JCCPC has provided final comment on the application.
B. Review Criteria
The following criteria, as applicable, shall be addressed by the applicant:
1. The proposed amendment corrects an error or meets the challenge of some changing condition, trend or fact;
2. The proposed amendment is in response to changes in state law;
3. The proposed amendment constitutes a substantial benefit to Durham as a whole and is not solely for the good or benefit of a particular landowner or owners Any person having charge of any real property according to the records held by the Register of Deeds. at a particular point in time;
4. The proposed amendment is consistent with other identified Plan policies and adopted area plans; and
5. The impact of the proposed amendment with regard to:
a. Established property or proposed development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. in the vicinity of the proposed amendment;
b. Existing or future land use patterns;
c. Existing or planned public services and facilities;
d. Existing or planned roadways;
e. The natural environment, including air, water, noise, stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management, wildlife and vegetation; and
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LAST AMENDED: Durham County: September 1, 2024 | City of Durham: September 1, 2024 |