RECOMMENDATIONS FOR A

NEIGHBORHOOD CONSERVATION DISTRICT

FOR THE

NORTHSIDE NEIGHBORHOOD

 

 

 

 

 

 

 

A Report to the Chapel Hill Town Council

 

 from the

 

Northside Neighborhood Conservation District Advisory Committee

 

 

 

November 24, 2003


The Northside Neighborhood Conservation District Advisory Committee is pleased to present to the Chapel Hill Town Council its report on recommendations for standards for a Neighborhood Conservation District for the Northside neighborhood. 

 

On September 22, 2003, the Committee presented a status report to the Council that included all of the Committee’s decisions to that date.  This report includes all of the recommendations that the Committee has made to date. 

 

SUMMARY

 

The Committee’s recommendations are:

 

 

 

Standard

 

Committee Recommendation

 

Front-yard parking*

Limit to 40% yard

Occupancy*

Maximum of 4 unrelated persons per unit

Minimum Lot Size*

5,500 square feet (R-3) or 10,000 square feet (R-2)

Impervious Surface*

Maximum 24%

Maximum Primary Building Height (residential)

 

20 feet

Maximum Secondary Building Height (residential)

 

35 feet

Maximum Primary Building Height (Town Center)

40 feet; 30 feet if adjacent to residential zone

Maximum Secondary Building Height (Town Center)

 

50 feet

Duplexes

No permanently

Maximum House Size

2,000 square feet, variance provision maximum of 2,500 square feet

Maximum Floor Area Ratio (non-single family)

 

.162

Bathroom to Bedroom Ratio

If 2 bedrooms or less ratio can be 1:1; if more than 2 bedrooms, ratio must be less than 1

Zoning Compliance Permit Notification

Owners within 1000 feet must be notified if change in floor area is proposed or for garages

            * same as underlying zoning district

 

           


PURPOSE OF REPORT

 

This report responds to a charge from the Chapel Hill Town Council.  On April 14, 2003, the Council charged the Northside Neighborhood Conservation District Advisory Committee to develop a Neighborhood Conservation District proposal in accordance with the provisions of the Town’s Land Use Management Ordinance.

 

APPROVAL OF RECOMMENDATIONS

 

The Committee has approved all of the recommendations included in this report.  We also agreed that these recommendations would apply to new development in the neighborhood.  In most cases, the Committee provided its unanimous support for the recommendations.  Committee Members had the option to explain their dissenting opinion at meetings or submit the comments in writing so that they could be included in the official record.  These opinions are indicated in the text if they were provided. 

 

COMMITTEE MEMBERS

 

The Council appointed the following Town residents to the Northside Neighborhood Conservation District Advisory Committee:

 


Northside Neighborhood Association

·        Ed Caldwell                                   

·        R.D. Smith

 

 Northside Neighborhood Watch

·        Helen Galbreth

·        Estelle Mabry

 

Sykes Street Steering Committee

·        Delores Bailey

·        Tom Tucker

 

Investors / Developers

·        Mark Patmore

·        Richard Perry

·        Matthew Robbins

 

Northside Residents

·        Jeff Caiola

·        Jane Farrar

·        Esphur Foster

·        Mae McClendon

·        Velma Perry

·        Sydalg Severe

 

At Large Member

·        Josh Gurlitz

 

Planning Board Representatives

·        Sally Greene

·        Ruby Sinreich

·        Tim Dempsey (alternate)

 

UNC Representatives

·        Linda Convissor

·        Melissa Exum (Liaison)

·        Michael McSwain (Student Liaison)


 

 


BACKGROUND

 

Meetings

 

The Committee held an organizational meeting on May 15, 2003 to establish Committee leadership and a meeting schedule.  Ms. Delores Bailey was elected as the Chair of the Committee and Ms.  Esphur Foster was elected as the Committee’s Vice Chair.  To date, the Committee has held twelve meetings; two of these meetings were joint meetings with the Planning Board. 

 

We note that five Committee members appointed by the Council did not regularly attend meetings.  R.D. Smith and Ed Caldwell were not able to attend due to illness, and Sydalg Severe resigned from the Committee when he moved out of the community.   Investors Rick Perry and Matthew Robbins each attended one meeting.

 

All meetings were open to the public, and each meeting agenda included opportunity for the public to speak to the members of the Committee. 

 

Vision Statement

 

To make certain that all members had a common understanding of the neighborhood’s goals, at an early meeting the Committee discussed and developed a Vision Statement.  The Vision Statement expresses the Committee’s goal of ensuring that new development in Northside is consistent with the housing style and character of the neighborhood. 

 

The following Vision Statement was adopted by the Committee at a meeting on October 2, 2003. 

Our charge is to ensure that the Northside neighborhood will continue to be just that a neighborhood. 

·        We want to preserve the history, charm and composition of a proud and historic community.  

·        We want to promote and protect the diversity and family character of the neighborhood. 

·        We want to protect the family atmosphere and ensure that all future development is comparable with the majority of the neighborhood in scale, function, and appearance.

·        As properties change ownership we want to make certain that families seeking homeownership have opportunities to buy a home and can afford to live in our community.

·        We would like to promote more affordable homeownership opportunities for low and moderate income families and households.

·         Lastly, we want to nurture an environment that promotes community interaction and fosters a safe and proud neighborhood.

 

These are the goals we endeavor to achieve through the development of the Northside Neighborhood Conservation District.

Boundaries

 

The boundaries of the Northside Neighborhood Conservation District are the Tanyard Branch trail to the north, North Columbia Street to the east, West Rosemary Street to the south, and the Carrboro city limit to the west.   We felt that this boundary covered the portions of the neighborhood that would benefit the most from a Neighborhood Conservation District.  Please see Attachment 1 for a map of the District boundaries.

 

RECOMMENDATIONS

 

In accordance with the Town’s Land Use Management Ordinance, the Northside Neighborhood Conservation District Advisory Committee proposes the following recommendations for a Neighborhood Conservation District for new development in the Northside neighborhood.  This section is divided into three parts:  recommendations for no change to the current regulations Land Use Management Ordinance; recommended modifications to provisions currently in the Land Use Management Ordinance; and recommendations for new guidelines currently not addressed in the Land Use Management Ordinance.  Please see Attachment 2 for a summary of our recommendations. 

 

Recommendations for no Change to the Land Use Management Ordinance

 

1.      Front Yard Parking

 

The Committee believes that the Town’s current front yard parking regulations are sufficient and voted 12-0 with one abstention to recommend that the Northside Neighborhood Conservation District limit front-yard parking to 40% of any lot. 

 

2.      Occupancy

 

After much discussion, the Committee voted 7-6 to recommend that the Northside Neighborhood Conservation District would follow current regulations restricting occupancy to four unrelated people per dwelling unit.  Some dissenters felt that four people per house was too many and would have preferred that the limit was three unrelated persons per household.  Another dissenter would have preferred limiting occupancy to two persons over eighteen, and felt that decreasing the occupancy limits would make the neighborhood less attractive to investors and more attractive for families. 

 

3.      Minimum Lot Size

 

The Committee feels that the current regulations are sufficient and voted 13-0 that Northside Neighborhood Conservation District require a minimum lot size of 5,500 square feet in the R-3 zoning district.  The Committee members recognized that if the minimum lot size was raised, most lots in the Northside neighborhood would be non-conforming. 

 

4.      Impervious Surface

 

The Committee sees no reason to change the current Town-wide regulations and voted 13-0 to recommend that the Northside Neighborhood Conservation District include an impervious surface maximum of .24. 

 

Recommended Modifications to the Current Provisions in the Land Use Management Ordinance

 

1.      Maximum Residential Building Height (primary)

 

The Committee voted 13-0 to recommend changing the Town’s existing regulation for primary residential building height from 29 feet to 20 feet. 

 

2.      Maximum Residential Building Height (secondary)

 

The Committee voted 12-1 to recommend lowering the secondary building height to 35 feet.  The dissenting voter felt that 35 feet was still too high. 

 

3.      Maximum Town Center Building Height (primary and secondary)

 

The Committee voted 13-0 to recommending modifying the maximum primary building height in Town Center to 40 feet, and 50 feet for the secondary height.  However, if the property is adjacent to an R-2, R-3 or R-4 lot, the Committee recommends that the maximum primary building height should be 30 feet. 

 

Recommendations for New Provisions to the Land Use Management Ordinance

 

1.      Duplexes

 

The Committee voted 9-3 to ban the construction of new duplexes in the Northside neighborhood as part of the Neighborhood Conservation District.  A dissenting voter stated that he believed that the vote to ban duplexes was made with inadequate information. 

 

The Committee’s discussion of this item included concerns that banning duplexes may eliminate a form of affordable housing in the community, and that the Committee’s other recommendations (i.e. limiting house size and floor area ratio) may address the Committee’s concerns about duplexes.  We believe that the current mix of single family house and duplexes contributes to the character of the neighborhood.  Some residents on the committee have observed that duplexes are not being occupied by families and are not currently part of the neighborhoods affordable housing stock.  Therefore, we do not agree that banning duplexes in the community would affect the number of affordable housing units in the neighborhood. 

 

Please see Attachment 3 for questions raised by Committee members about duplexes and responses from the staff.   Please see Attachment 4 for map of lots grouped by minimum square footage for single family or duplex lots, and a map of vacant lots grouped by minimum square footage for single family or duplex lots, and Attachment 5 for a map analyzing the size of properties within the District.

 

2.      Maximum House Size

3.      Maximum Floor Area Ratio (single family or single family with accessory apartment, and non single family)

 

Due to the similarity in our rationale for establishing both of these standards, we will discuss these two items together. 

 

For many years, residents of the Northside neighborhood have expressed their concerns to the Council about the development of houses that are not consistent with the character of the neighborhood.  New houses are being built in excess of 2,500 square feet, and some property owners have added large additions to homes so that they exceed 2,500 square feet.  However based on information received from the staff, 88% of the houses in the neighborhood are less than 2,000 square feet (Please see Attachment 6).

 

Therefore, the Committee recommends a two-pronged approach to address this concern:

 

(1)   The Committee voted 13-0 to recommend limiting the maximum house size for new homes to 2,000 square feet in the Northside Neighborhood Conservation District.  We understand that a property owner has the right to appeal to the Board of Adjustment for a variance to the regulations if they can prove a hardship.  Therefore, we also recommend that the Northside Neighborhood Conservation District include a provision that will allow a maximum of 2,500 square feet if a variance is obtained. 

(2)   The Committee voted 13-0 that the Northside Neighborhood Conservation District should include a maximum floor area ratio of .25 for single family or single family with accessory apartment, and .162 for non single family. 

 

We believe that establishing a maximum house size and maximum floor area ratio could help us achieve the goal of improving the appearance of new development in the community.

 

4.       Bathroom to Bedroom Ratio

 

The Committee voted 8-3 with two abstentions to recommend that the Neighborhood Conservation District include a provision to regulate the number of bathrooms to bedrooms as follows: if a dwelling unit has two bedrooms or less, the bathroom to bedroom ratio can be 1:1; if there are more than two bedrooms, the ratio must be less than one. 

 

This idea was introduced during small group discussion at the Chamber of Commerce’s charrette on duplexes in October.  As mentioned above, we have seen a recent trend of newly constructed homes with four bedrooms and a bathroom attached to each bedroom.  We believe that this provision could increase compliance with the Town’s occupancy requirements by making housing less attractive for multiple people.  We also believe by making this a measurable standard, it will be helpful to the staff when reviewing development applications.  Dissenting voters felt that this was an unreasonable restriction and that this provision may not decrease occupancy or increase adherence to the Town’s occupancy regulations. 

 

5.      Zoning Compliance Permit Notification

 

Members of the Committee feel that there should be an improved notification process for significant development in the neighborhood.  Therefore, the Committee voted 8-2 to recommend that the Northside Neighborhood Conservation District include a provision that owners within 1000 feet must be notified if a change in floor area is proposed or for the addition of a garage.  A dissenting voter expressed concern about the cost for this additional mailing. 

 

OTHER RECOMMENDATIONS

 

The Committee also discussed several issues that are not zoning issues, but are important to us.  These issues include:

 

  1. Enforcement – The Committee is concerned about how the Town would enforce the regulations of the Neighborhood Conservation District.   We want to be sure that once the Neighborhood Conservation District is in place, the Town will make every effort to obtain compliance with all regulations.

 

  1. The Town’s Notification Process – The Committee raised concerns about the process used for notifying property owners about new development.  Residents would like to be more informed about development that occurs in our neighborhood.  The Committee recommends that the Town develop an improved process for informing residents of development in the Northside neighborhood. 

 

  1. On Street Parking –Committee members expressed their concerns about on-street parking and the Town’s residential permit process.  It was discussed that the residents of a street currently have the ability to petition the Council to restrict parking on their street.  The Committee recommends that the Council adopt a more aggressive information sharing process on the Town’s parking ordinances to educate neighbors about established regulations.

 

 

 

 

COMMUNITY PARTICIPATION

 

On November 19, 2003, the Committee invited residents and property owners to attend a community forum to inform them of the Committee’s work and to request their feedback on the Committee’s recommendations.  A summary of the comments received at that meeting will be distributed to the Council. 

 

NEXT STEPS

 

We ask that the Council adopt the resolution included in item __ b to schedule a public hearing on our proposed recommendations for January 21, 2004. 

 

The Committee members agreed to continue to meet in January to discuss additional standards for the Neighborhood Conservation District that we did not have time to address, and to develop design standards.   We propose to hold a design charrette on a Saturday morning in late January to develop our recommendations.   It is likely that the Committee will hold several meetings after the charrette and return to the Council in March with a request to modify the Northside Neighborhood Conservation District to include the additional standards.

 

CONCLUSION

 

The Committee would like to thank the Council for the opportunity to work with you to develop the first Neighborhood Conservation District in Chapel Hill.  We believe that developing a Neighborhood Conservation District for this neighborhood will achieve the sentiment expressed in the Vision Statement and will preserve the Northside neighborhood for the future.

 

ATTACHMENTS

 

The Committee used the following information prepared by the staff during its discussions:

 

1.      Map of Neighborhood Conservation District Boundaries

2.      Zoning Worksheet – Summary of Recommendations

3.      Questions Raised by Members of the Committee Re: Duplexes

4.      Map of Lots Grouped by Minimum Square Footage / Vacant Lots Grouped by Minimum Square Footage for Single Family or Duplex Units

5.      Map of Property Sizes in Northside

6.      Memorandum Re: Analysis of Building Size by Square Footage