Unified Development Ordinance

Sec. 10.2.19. Streetscape Plan

Sec. 10.2.19. Streetscape Plan aaron.sheppard… Wed, 05/24/2023 - 09:38
  1. Definition
    1. A Streetscape Plan sets forth specific roadway and streetscape requirements within a defined geographic area.
  2. Applicability
    1. Requests for a Streetscape Plan may be made by the City Council or a property owner within the intended area of application.
    2. The entirety of the right-of-way width up to the centerline along the property’s frontage shall be included as part of the Streetscape Plan request.
    3. Any new development activity and any addition or repair subject to the requirements of Sec. 10.2.5. and Sec. 10.2.8. must meet street type and streetscape standards of any adopted Streetscape Plan for streets abutting the subject property within the adopted Streetscape Plan. When a development plan proposes the construction of a new street or expansion of an existing street the requirements of the adopted Streetscape Plan apply.
  3. Modification of Standards
    1. An adopted Streetscape Plan allows for the modification of any standard set forth in Articles 8.4 and 8.5, however no Streetscape Plan can be used to modify regulations related to Private Streets.
    2. The requirements of Articles 8.4 and 8.5 are intended to serve as minimum standards. Where a Streetscape Plan adopted before September 1, 2013 sets a lesser width standard for any streetscape component, the standard in Articles 8.4 and 8.5 shall prevail.
  4. Pre-Application Conference
    Before a member of the public may submit an application for a Streetscape Plan, the applicant shall schedule a pre-application conference with the Planning Director to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Planning Director.
  5. Pre-Submittal Neighborhood Meeting
    1. A pre-submittal neighborhood meeting is required for all applications for a Streetscape Plan except where the City is the applicant. The applicant shall provide an opportunity to meet with nearby property owners and residents. The location of the neighborhood meeting must be at, or in reasonable proximity to, the proposed Streetscape Plan area.
    2. The required neighborhood meeting must be conducted prior to submittal of the Streetscape Plan. The meeting may not occur more than 6 months prior to the submittal of the application.
    3. Notice of the neighborhood meeting must be provided in accordance with Sec. 10.2.1.C.1., however the applicable radius shall be measured 100 feet from the right-of-way boundary along both sides of the street for the entire length of the proposed Streetscape Plan area.
    4. A report of the meeting, made by the applicant, shall be included with the Streetscape Plan application given to Planning. The report shall include at a minimum, a list of those persons and organizations contacted about the neighborhood meeting, the date, time and location of the meeting, a roster of the persons in attendance at the meeting and a summary of issues discussed at the meeting.
  6. Application Requirements
    1. An application for a Streetscape Plan shall be submitted in accordance with the general application requirements of Sec. 10.2.1.B.
    2. At a minimum the application shall include:
      1. Map showing the geographic extent of the Streetscape Plan, including:
        1. Street names;
        2. Address and/or tax parcel identification numbers (PINs) for all abutting properties;
        3. Zoning designations for all included properties; and
        4. Location and description of existing conditions that may be impacted by the streetscape plan improvements such as infrastructure, buildings, structures, utilities, and easements.
      2. Written description of proposed Streetscape Plan including purpose and intent;
      3. Comprehensive street cross-section(s) detailing components and minimum widths of sidewalks, travel lanes, bike lanes, multi-use paths, etc.;
      4. Plan detailing the application of specific street cross-sections and other relevant elements;
      5. Maintenance plan for the care of non-standard streetscape elements (if applicable); and
      6. Other information or documentation as requested by staff.
    3. In addition to any modification set forth in 10.2.19.C., the application may include and/or specify:
      1. Sidewalk and/or pavement materials;
      2. Construction details;
      3. Street furniture types, including sidewalk light fixtures, benches, garbage receptacles, tree guards and grates, and other furnishings if applicable; and
      4. Planting species, planting detail, and location of plantings.
    4. Except for Streetscape Plans initiated by the City, signature of all property owners of the linear property frontage abutting all rights-of-way included in the designated Streetscape Plan area.
  7. Approval Process
    1. Planning Director Action
      1. The Planning Director shall review the Streetscape Plan application in accordance with subsections b. and c. below and provide a report and recommendation to the Design Review Commission.
      2. The Planning Director shall consult with the heads of the departments of Public Utilities, Transportation, Engineering Services, Parks, Recreation, and Cultural Resources, and Fire to check the proposed Streetscape Plan against the requirements of the UDO and other applicable technical requirements of the City.
      3. The following is a non-exhaustive list of considerations the Planning Director may consider when reviewing a Streetscape Plan application:
        1. Consistency with the Comprehensive Plan;
        2. Consistency with the stated purpose and intent of the UDO and Raleigh Street Design Manual;
        3. Consistency with other right-of-way programs and adopted plans;
        4. Impact on property in the vicinity of the Streetscape Plan area;
        5. Impact on the maintenance responsibilities of the City;
        6. Impact on congestion;
        7. Impact on functionality of transportation network for all users;
        8. Impact on stormwater collection and conveyance;
        9. Safety of roadway and streetscape users;
        10. Compatibility with adjacent or nearby roadway and streetscape projects;
        11. Compatibility with existing infrastructure and development patterns;
        12. Appropriate transitions between adjacent street and roadway elements;
        13. Contribution to the unique character or identity of an area through use of public art, landscaping, and/or other treatments;
        14. Inclusion and consideration of environmentally responsible development practices; and
        15. The application is reasonable and in the public interest.
    2. Planning Commission Action
      1. Upon acceptance of the Streetscape Plan application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall hold a legislative hearing on the request. Public notice of the legislative hearing shall be provided in accordance with Sec. 10.1.8. For mailed notice, the applicable radius shall be measured 100 feet from the right-of-way boundary along both sides of the street for the entire length of the proposed Streetscape Plan area.
      2. When conducting a review of a Streetscape Plan application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted, and any other applicable adopted plan.
      3. Within 60 days after receipt of the proposed application, the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) shall provide a written report to the City Council. If no recommendation is made within this time period and if no extension is granted, the City Council may nonetheless take action on the application without further involvement of the Design Review Commission.
      4. The Commission’s written report to the City Council shall contain its recommendation, which addresses the proposed plan’s consistency and other matters it deems appropriate.
    3. City Council Legislative Hearing and Action
      1. Following the recommendation of the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) or expiration of the applicable Design Review Commission review period without a recommendation, the City Council shall schedule a legislative hearing.
      2. A public hearing date shall be set within 60 days of receiving the Commission's written report.
      3. Notice of the hearing shall be given in accordance with Sec. 10.1.8. For mailed notice, the applicable radius shall be measured 100 feet from the right-of-way boundary along both sides of the street for the entire length of the proposed Streetscape Plan area.
      4. At the hearing, the Planning Director shall present the request, including the recommendation and comments of the Commission, if any. If the request was submitted by a member of the public, those in favor of the Streetscape Plan will be allowed a total of 8 minutes to explain their support and those opposed shall be allowed a total of 8 minutes to explain their opposition. The Council, in its discretion, may grant an equal amount of additional time to each side.
      5. The City Council shall approve, approve as revised, deny or send the proposed Streetscape Plan back to the Planning Commission, or Design Review Commission performing the review duties of the Planning Commission (as designated by City Council) or Planning Director for additional consideration.
      6. When adopting or rejecting any Streetscape Plan, the City Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Comprehensive Plan.
    4. Modifications to a Submitted Streetscape Plan Application
      The applicant may modify the regulations and/or specifications contained in the Streetscape Plan application at any time, however, an expansion of the geographic extent of the Streetscape Plan area shall be considered a new application requiring full compliance with this section. 
  8. Modifications to an Adopted Streetscape Plan
    1. Except as listed in subsection 2. below, modifications to an adopted Streetscape Plan shall be considered a new application requiring full compliance with this section.
    2. Modifications to the signage elements of an adopted Streetscape Plan may be allowed as a minor amendment and shall follow the process set forth in Section 10.2.21. Custom Signage Plan, excluding the applicability criteria set forth in 10.2.21.B.2. and 3. Upon approval of the minor amendment, the signage elements of the adopted Streetscape Plan shall be replaced by the adopted Custom Signage Plan.
  9. Design Alternates to an Approved Streetscape Plan
    Pursuant to Sections 10.2.17.E., Design Alternates are permitted to the standards of any Streetscape Plan adopted before June 4, 2024.