Planning staff unveil draft Unified Development Ordinance tied to comprehensive plan; rezoning and down‑zoning constraints noted
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Summary
Staff presented a draft Unified Development Ordinance to implement the 2023 comprehensive plan: new form‑based zoning districts, incentives for compact/affordable housing, updated street and environmental standards, and a mapped rezoning proposal; staff warned a 2024 state law limits 'downzoning' without property owner consent, affecting how districts are mapped.
Planning staff presented the proposed Unified Development Ordinance (UDO) intended to implement the county and city comprehensive plan by aligning new zoning districts with the adopted place‑type map, simplifying standards and adding incentives for compact and income‑restricted housing.
Key features described: consolidated, form‑based districts (RA, RB, RD, RC, RX, CX and IX), RD and RX optional incentives that increase allowable height or density for smaller units or income‑restricted affordable units, new street cross‑sections aligned with Vision Zero, stronger tree‑coverage and open‑space preservation standards, and a sustainable‑development matrix of incentives (green stormwater measures, native landscaping and community agriculture).
Staff emphasized usability improvements—district standards, setbacks and allowed uses appear in single, accessible pages—and said the proposed zoning map is available on the public EngageDurham site for parcel‑level review. Staff also flagged a December 2024 General Assembly session law that restricts local governments from downzoning properties (reducing allowable density/uses) without owner consent; planners said they were carefully avoiding involuntary downzonings and acknowledged some rezoning and annexation proposals will still require public hearings and, where necessary, city action for annexation.
Commissioners asked detailed mapping and implementation questions: several wanted clear keys to the map (white areas), clarification about annexation and which decisions go before county versus city council, and how the UDO affects properties in the urban growth boundary and outside it. Staff said joint hearings are scheduled and material is online; staff proposed a public hearing schedule through Spring with possible joint city–county hearings in April and adoption votes in May.
Next steps: staff to continue engagement, provide parcel‑level responses to board questions, and prepare a full draft for joint hearings and adoption.
