Drilling into Charlotte’s Transit Oriented Development (TOD) – Final Public Draft Available for Review

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Several months ago, Charlotte’s Planning Director Taiwo Jaiyeoba charted a new course for drafting Charlotte’s Unified Development Ordinance (CLTUDO). We are now undertaking the development of a comprehensive vision plan for the City, with hopes of substantial community engagement, while work on the CLTUDO drafting process continues simultaneously. Comprehensive Plan development kicked off September 2018 with a goal of draft review beginning September 2020 and council adoption by April 2021. The CLTUDO Advisory Board continues to meet and we hit the sweet spot of what the Advisory Board is intended to do – to drill down into the provisions of this type of ordinance, focusing on the Transit Oriented Development (TOD) component at this time.  The opportunity has arrived for the public to further engage in this process, as well. On October 9, 2018, the Charlotte Mecklenburg Planning, Design & Development Department (Planning Department) held a public meeting to reveal and discuss the Final Public Draft of the proposed new TOD districts.

What is the new TOD approach meant to accomplish for the City of Charlotte? The Draft sets forth four main goals:

  1. Increased Transit Use: “Encourage appropriate building forms and uses to support increased transit use and decrease the use of motor vehicles.”
  2. Variety of Mobility Options: “Create a high-quality public realm and pedestrian environment that supports walkability and a range of mobility choices (vehicular, pedestrian, bicycle, and transit).”
  3. Mixed-Use Development: “Provide for a range of mixed-use development intensity that transitions to, and respects[,] the character of existing neighborhoods.”
  4. Variety of Housing Options: “Support a diversity of housing choices with access to daily services, employment, and transit.”

To that end, the proposal is to create four TOD Districts ranging from moderate to high intensity that can be applied to varying degrees within a range of up to 1 mile walking distance from rapid transit stations, up to 1/2 mile walking distance from an existing street car stop or adopted Metropolitan Transit Commission alignment station location, or up to 1/4 mile walking distance from an adopted and funded street car stop. The new districts will be named TOD-H1 Transit Urban Center District, TOD-H2 Transit Neighborhood Center District, TOD-M1 Transit Community Center District, and TOD-M2 Transit Transition District. The characteristics of the four districts vary, including maximum building heights that have a base level that can be increased through height bonuses.

  1. TOD-H1 Transit Urban Center District is the high intensity district, allowing for the tallest buildings in close proximity to existing or adopted and funded transit. TOD-H1 has a 120’ base maximum building height and up to a 300’ maximum building height with a bonus.
  2. TOD-H2 Transit Neighborhood Center District is the high intensity transition district, which is envisioned as a transition between intensely developed TOD districts and low-intensity residential neighborhood development. TOD-H2 has a 65’ base maximum height and up to a 100’ maximum building height with a bonus.
  3. TOD-M1 Transit Community Center District is the medium intensity district that is applicable within the same proximity to existing or adopted and funded transit as TOD-H1, but maximum building heights are lower than TOD-H1. TOD-M1 has a 65’ base maximum building height and up to a 120’ maximum building height with a bonus.
  4. TOD-M2 Transit Transition District is the medium intensity transition district, which is envisioned as a transition between medium intensity TOD districts and adjacent lower intensity suburban development. This district has the lowest range of maximum building heights – a 40’ base maximum height up to a 65’ maximum height with a bonus.

The building height bonuses can be obtained by earning points (10 points for 14’ of bonus height) for taking specified actions targeted towards affordable housing, open space and sustainability amenities, and transportation improvement.

The Final Public Draft specifies additional detail applicable to each TOD district, including: design standards for non-residential, mixed-use, multi-family residential, and parking structures; standards for the public realm, such as streetscaping, sidewalk and amenity zone dimensional standards, pedestrian connectivity, on-site open space, and architectural features; parking for vehicles and bicycles; off-street loading; landscape and screening; signs; uses; and more. The CLTUDO Advisory Board met on October 11, 2018 to discuss the uses and prescribed conditions set forth in the draft, and we will continue to meet to drill down into several aspects of the TOD redesign, including the bonus structure concept, administration and additional items. The next Advisory Board meetings will be on October 25, 2018. The Planning Department anticipates holding public meetings as needed and filing any text amendments in November. Hearings and adoption of the new TOD Districts are anticipated in the Winter.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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