AGENDA #4d

MEMORANDUM

TO:	Roger L. Stancil, Town Manager
FROM:	J.B. Culpepper, Planning Director
	Gene Poveromo, Development Coordinator
SUBJECT:	Revision of Duplex Design Guidelines for Public Hearing
DATE:	January 8, 2007

PURPOSE

The purpose of this memorandum is to call a Public Hearing to consider changes intended to clarify the Comprehensive Plan Design Guideline duplex provisions.  The recommended revised duplex provisions are attached to this memorandum (Attachment 2).

Adoption of the attached resolution would schedule a Public Hearing to consider these proposed changes.

BACKGROUND

May 2002	The Council received a petition from the Northside Community about the damaging effects of duplex development in that neighborhood.
October 2002	Ordinance amendments were enacted temporarily prohibiting new duplex development in the R-2A, R-2 and R-3 zoning districts.
January 2003	The Land Use Management Ordinance was enacted; the prohibition on new duplex development was extended to February 29, 2004.
Feb. 23, 2004	Ordinance amendments were enacted to permit duplex development in the R-2 and R-3 zoning districts, with new restrictions on size and process for approval, and new design guidelines for duplexes.  New duplex development was prohibited in Northside.
March 1, 2004	The Council requested additional discussion about duplex regulations.
May 24, 2004	The Council received a Discussion Paper prepared by the Planning Department on the subject of Duplex Dwelling Units.  Since the item required considerable discussion, the Council agreed to defer discussion on the topic to June 30, 2004.
June 2, 2004	The Community Design Commission held a duplex workshop involving Commission members, citizens and Town staff.  Summary minutes of the workshop are attached (Attachment 3) to this memorandum.
June 30, 2004	In order to allow the Community Design Commission time to forward a recommendation to the Council, the item was deferred to September 27, 2004.
August 18, 2004	The Community Design Commission recommended that the Council modify the Land Use Management Ordinance and Design Guidelines for Duplex Dwelling Units.
Sept. 27, 2004	The Council called Public Hearings to consider changes to duplex provisions of the Land Use Management Ordinance and the Comprehensive Plan Design Guidelines.
Dec. 1, 2004	A lawsuit was filed against the Town regarding Land Use Management Ordinance Section 6.19(d), which requires duplex approvals to be in accordance with the Design Guidelines.
April 18, 2005	The Council held a Public Hearing to consider changes to the Land Use Management Ordinance and to the Comprehensive Plan Design Guidelines duplex provisions.
May 9, 2005	In conjunction with the enactment of an Ordinance to revise the duplex provisions of the Land Use Management Ordinance, the Council established, by resolution, revisions to the Comprehensive Plan Duplex Design Guidelines.
July 7, 2005	The pending lawsuit was amended after the ordinance amendment to challenge ordinance requirement that duplexes be in accordance with new Design Guidelines.  The concerns in the lawsuit relate to the subjectivity and generality of some of the guidelines and to the delegation of decision making regarding aesthetic standards to a non-elected board.

DISCUSSION

As we have reviewed the duplex design guidelines, in the context of a pending legal challenge, we believe clarification of the provisions would be beneficial. The duplex provisions of the Land Use Management Ordinance require compliance with the Design Guidelines of the Comprehensive Plan.  A lawsuit was filed challenging the Ordinance’s reference to the guidelines.  This challenge has raised issues regarding the language in the guidelines.  We believe that in the case of some of the guidelines, the legal challenges may have merit.  We believe eliminating some of the guideline language and clarifying other guideline language will assist applicants and the Community Design Commission and respond to the legal concerns that have been raised.  We recommend adjustment to the duplex design guidelines because we believe it is important for an applicant to be provided clear direction about what needs to be done in order to have an approvable project.  Because this adjustment would correct technical flaws and not make a substantive change, we do not recommend referring this item to the Community Design Commission.

RECOMMENDATION

Staff Recommendation:  We recommend that the Council schedule a Public Hearing for February 19, 2007, to consider changes to the Comprehensive Plan Design Guidelines relating to the regulation and construction of duplex structures.  Adoption of the attached Resolution would do so.

ATTACHMENTS

1. Recommended Revised Comprehensive Plan Design Guidelines Duplex Provisions (p. 5).