AGENDA #1
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TO: |
Roger L. Stancil, Town Manager |
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FROM: |
J.B. Culpepper, Planning Director |
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Gene Poveromo, Development Coordinator |
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SUBJECT: |
Public Hearing: Revision of Comprehensive Plan Design Guidelines Regarding Duplexes |
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DATE: |
February 19, 2007 |
This Public Hearing has been called to consider changes intended to clarify the Comprehensive Plan Design Guideline (duplex provisions.)
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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. |
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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.) |
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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 Design Guidelines (duplex provisions.) |
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July 7, 2005 |
The pending lawsuit was amended after the ordinance amendment to challenge the 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. |
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 (Section 6.19 – see Attachment 1) 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 that eliminating some of the guideline language and clarifying other guideline language will assist applicants and the Community Design Commission, and will respond to the legal concerns that have been raised.
We recommend adjustments 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. The adjustment would correct technical flaws and not make a substantive change.
A copy of the current Duplex Design Guidelines highlighted with “strike through” and underlines identifying staff’s recommended adjustments, follows:
1. The appearance of a new duplex structure shall be consistent, with respect to building materials, roof forms, and lot siting, to the neighborhood in which such structure is to be built.
2. The size, height, and form of a new duplex structure shall be comparable with other structures in the neighborhood in which such structure is to be built.
3. For purposes of evaluating compliance with items 1 and 2 above, the “neighborhood” to be considered shall include the following:
a. Structures immediately adjacent to and across from the subject property; and
b. Structures on the same street (both sides) as the subject property; and
c. Structures within 500 feet of the subject property.
4. Garage doors, if facing the street, should not be the dominant feature of the structure.
5.
Entrances should clearly identify important access points.
6 5. Entrances should
provide an introductory statement for dwelling units in the duplex structure,
and should be landscaped with plants complementary to the building’s
architecture and style. Entrances should be defined by architectural styles
and features. There should be a clear approach to each entrance. Landscaping
should frame and accentuate the architectural styles and features of the
entrances.
6. All elevations of a building’s exterior design should be coordinated with regard to color, materials, architectural form and detailing.
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Lighting shall should be designed to provide illumination at
for entrances and along walkways to entrances to each dwelling
unit, without creating spillover onto adjacent properties.
8.
Landscape plantings and hardscape materials shall should be
incorporated to clearly define parking areas and minimize the visual impact
of front yard parking.
Staff’s Preliminary Recommendation: We recommend that the Town Council adopt the attached resolution approving the proposed changes clarifying the Comprehensive Plan Design Guidelines for duplex dwelling units.