Southern Pines council approves UDO change to allow planned-development amendments without signatures, 3–2

Southern Pines — The Town Council voted 3–2 to amend the Unified Development Ordinance (UDO) to establish a process allowing applicants to seek amendments to planned developments without the signatures of every landowner inside the development.

Planning Director BJ Grieve told council the change responds to situations where the UDO’s existing requirement for unanimous landowner signatures effectively locks planned developments in place and prevents updates that the town’s comprehensive plan recommends. "There are some planned developments right now that cannot be amended because it would be nearly impossible to get all the landowner signatures within that planned development," Grieve said during the public hearing.

Grieve said staff took the proposal to the planning board after hearing concerns from members of the development community; the planning board recommended that staff process the text amendment to allow public hearings and fuller consideration. Town Attorney Mac McCorley told council two legal guardrails would limit the amendment’s reach: case law protects purchasers who relied on specific plat amenities, and state law bars downzoning that would require unanimous consent.

Council members split over the policy trade-offs. Opponents warned that changing a base procedural rule could be used opportunistically and emphasized risks to owners who invested under prior rules. Supporters said the amendment restores the council’s ability to evaluate requests on a case-by-case basis and enables needed infill. "If anything is brought to us, I will expect them to uphold the highest and best use of land for their existing neighbors and for the entire town," one council member said after the vote, adding that amendments must align with the comprehensive plan.

Under the approved language, applicants would still be required to provide notice, hold a neighborhood meeting and go through planning-board and council public hearings; the council retains final approval authority. Staff said privately initiated text amendments remain an option as well, but the new process aims to lower procedural barriers for amendments that advance the town’s adopted goals.

The amendment was adopted following typical UDO amendment procedures; council members who opposed the motion registered their concern that the change could not easily be reversed if unintended consequences emerge.

What’s next: The UDO text amendment takes effect as adopted by ordinance and staff will implement updated application procedures and public-notice practices before accepting amendment requests.