Unified Development Ordinance, 31st Supplement, May 2024

CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures

Sec. 10.2.17. Design Alternate A. Applicability The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) has the authority to approve a request for a design alternate as set forth in this UDO. Additionally, the Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) has the authority to approve a request for a design alternate to standards contained within the Raleigh Street Design Manual. All design alternates shall be reviewed in accordance with the provisions of the UDO, including this section and the applicable design alternate findings. Any design alternate approved pursuant to this section shall be incorporated into its corresponding site plan or subdivision approval, and shall expire, if at all, upon expiration of such corresponding site plan or subdivision approval. Design alternates are not available for anything set forth in a zoning condition. B. Pre-Application Conference Before applying for a design alternate, an applicant shall schedule a pre-application conference with the applicable Department Director or their designee to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Department Director or their designee. C. Application Requirements 1. An application for a design alternate shall be

submitted after the first round of review for a development plan or infrastructure construction plans. 2. An application for a design alternate must be signed and notarized by the property owner in order to initiate a request 3. The applicant shall submit pertinent material necessary for review; in addition to the submittal material required for a subdivision or site plan. This may include detailed landscape plans, roadway cross-sections, site or subdivision layout, architectural renderings, material samples or other project-specific information. D. Approval Process 1. In reviewing the design alternate, the applicable Department Director or their designee shall consult with the heads of the Public Utilities, Engineering Services, Transportation, Parks and Cultural Resources, Development Services and Fire Departments to check the proposed request against the requirements of this UDO and other applicable technical requirements of the City. 2. Following the submission of a completed application, the Planning Commission or Design Review Commission, performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), shall hold a quasi-judicial evidentiary hearing on the design alternate request that shall be noticed in accordance with the provisions of Sec. 10.2.1.C. 3. The Planning Commission or Design Review Commission, performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) may approve, approve with conditions, or deny a design alternate request. Each design alternate decision shall be based on the competent, material, and substantial evidence in the record establishing compliance with the standard applicable to the design alternate request. The standards required for the approval of design alternates from the UDO are set forth in the following sections: a. Sec. 1.5.6.D (Build-To) b. Sec. 1.5.8.C. (Pedestrian Access) c. Sec. 1.5.9.C. (Transparency)

Pre-Applica on Conference

Submit Applica on

Department Director

Review

Review & Decide Public Hearing Appearance Commission

Approve

Disapprove

d. Sec. 1.5.10. (BlankWall) e. Sec. 1.5.12.C. (Garage)

submitted in accordance with Sec. 10.2.1.B. A request for a design alternate must be

Supp. No. 31

10 – 60 Published May 2024

Part 10: Unified Development Ordinance City of Raleigh, North Carolina