April 2018 Development Services Newsletter

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April, 2018


Land Development Services Conflict Resolution

Charlotte’s development regulations are complex—in part because they regulate the full range of development that is possible throughout the city. Ordinance language can be ambiguous for some situations, and very specific for others. The more specific the language is, the less flexible Charlotte’s response to a particular project can be. Conversely, the more ambiguous the language, the less predictable our requirements may be. Achieving the right balance between flexibility and predictability is a constant dilemma in developing regulatory policies. It is not unexpected, therefore, that in some cases applicants or other interested parties may disagree with plan reviewers or inspectors about how the code applies in a specific circumstance, or, how the process is being administered for their unique project.

The development community has expressed the need to be in place a familiar conflict resolution process to resolve conflicts or disagreements in an expedient manner.  And although the City has a conflict resolution process, it is not ever used and needs updating. 

In most cases where conflict arise, City staff work in partnership with the applicant for quick resolution.  However, in cases where the issue is unable to get resolved at the first level, the applicant can request a review of the case with the appropriate managers, as follows:

Commercial Projects:  Land Development Manager (Dave Weekly)

Subdivision Projects:  Subdivision Program Manager (Shannon Frye)

Charlotte Water Projects:  Charlotte Water Engineering Division Manager (Mike Garbark)

If, after the review, the decision is still in question, the applicant can request a review by the appropriate Department Director(s). 

City staff is working with the Development Services Technical Advisory Committee (DSTAC) on this initiative.  Next is to automate the workflow into Accela, the City’s permitting software, and test it prior to implementation.


Tree Protection

The use of chain link fence (CLF) for protection of tree save areas has recently been applied by Urban Forestry staff (UF) in a broader application than in the past.  Historically, use of CLF included individual trees and City trees in the right-of-way; however, more recently CLF was required on some development plans to protect tree save areas.    

In 2017 UF identified the need to update the current tree protection fence detail including adding chain link fence as one of the means for protection.  This was driven by frequent field observations of the current orange plastic fencing not being properly maintained; therefore, making tree save areas vulnerable to damage.  In an effort to better protect trees, some Urban Forestry staff began requiring the broader use of CLF.  However, staff had not yet gone through the formal process of updating the Charlotte Land Development Standards Manual with a new detail.

As a result, the broader application of CLF for tree protection has been stopped.  In addition, UF identified the applicable projects and withdrew this requirement.  Next, it was determined that two steps should be taken prior to updating the tree protection fence detail.  First, UF will more strictly enforce proper maintenance of the current orange plastic tree protection fence.  Past practice has been to mostly forego the official issuance of Notices of Violations (NOV’s) and fines for tree protection fence violations, in an effort to seek compliance in a collaborative fashion.  Therefore, going forward, when tree protection fence is not maintained it will first result in an NOV, and further violations can incur a fine of $1,000 per instance, per day.  Second, UF will collect field data in 2018 including occurrences of improper maintenance, damage to tree save areas, and issuance of NOV’s.  In 2019 staff will evaluate the data and report findings to the Development Services Technical Advisory Committee (DSTAC).  If warranted, based on the findings, City staff will work with DSTAC to update the tree protection fence detail.  Contact:  Pete Grisewood (704.517.7893)


City Council Approves Text Amendment

On March 19, 2018, City Council approved a text amendment to Section 2.201 and 12.403 of the Zoning Ordinance.  The amendment aligns the ordinance language with updates made to Chapter 10, Article II of the Municipal Code titled, “Health and Sanitation Ordinance” that was approved by City Council on September 11, 2017, with an effective date of January 1, 2018.  It also updates and aligns the Zoning Ordinance terms to those currently used by the Solid Waste Services Department.  

The recent updates to the Health and Sanitation ordinance included a change going forward in service eligibility for solid waste services.  It reduced eligibility for curbside service for multifamily units from less than 30 units to 11 or less units for development plans filed on or after March 20, 2018.  The text amendment provides the updated space requirements for large waste container (dumpster/compactor) service and recycling collection for multifamily units with 12 or more units for development plans filed on or after March 20, 2018.  For a copy of the text amendment click here.


Charlotte-Mecklenburg Erosion & Sedimentation Control Training Spring Seminar

A Soil Erosion and Sedimentation Control overview seminar and Charlotte-Mecklenburg Certified Site Inspector (CMCSI) class will be held on Thursday, May 24, 2018 at the Mecklenburg County Offices at 2145 Suttle Avenue, 4th Floor, Charlotte, NC.    

Registration forms for the May 24th Seminar can be downloaded from the Charlotte-Mecklenburg Certified Site Inspector website.

If you have any questions regarding the CMCSI Training Seminar, please contact Jeff Bock at 704-560-9798.


Upcoming Stakeholder and Committee Meetings

All meetings are open to the public.

DEVELOPMENT SERVICES TECHNICAL ADVISORY (DSTAC) COMMITTEE: Meetings are typically held on the second Wednesday of each month in Room 136 of the Charlotte Mecklenburg Government Center (600 East Fourth Street, Charlotte, NC) from 1:30 pm to 3:00 pm.

STORM WATER ADVISORY COMMISSION (SWAC) MEETING: Meetings are typically held on the third Thursday of each month at 4:30 pm at the Mecklenburg County Offices at 2145 Suttle Avenue, Charlotte, NC.

TREE ADVISORY COMMISSION: Meetings are typically held on the third Tuesday of every month at the Charlotte Mecklenburg Government Center (600 East Fourth Street, Charlotte, NC) beginning at 5:00 pm.