ATTACHMENT 1
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Duplex Discussion Paper
DATE: May 24, 2004
Redistributed June 30, 2004
This memorandum transmits a
Discussion Paper that was prepared by our Planning Department on the subject of
Duplex Dwelling Units.
BACKGROUND
On March 1 of this year, the Town
Council adopted a resolution requesting the staff to prepare a discussion about
duplex regulations. This request grew out of the following chronology of events:
- May 2002: Petition from the Northside Community about the
damaging effects of duplex development in that neighborhood.
- October 2002: Ordinance
amendment temporarily prohibiting new duplex development in the R-2A, R-2
and R-3 zoning districts.
- January, 2003: Land Use
Management Ordinance enacted; prohibition on new duplex development
extended to February 29, 2004.
- February 23, 2004: Ordinance
amendment 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 prohibited in
Northside.
- March 1, 2004: Council request
for additional discussion about duplex regulations.
Accordingly, we have prepared a Discussion Paper and attach
it here.
NEXT STEPS
Tonight the Council will discuss
issues raised in this paper, and will likely hear citizen comments. Following
discussion, options for Council action include leaving regulations in place as
they are, asking for continued monitoring of this issue with a follow-up report
later in the year, and/or deciding to consider changes to regulations and
calling a Public Hearing.
DISCUSSION PAPER:
DUPLEX REGULATIONS IN CHAPEL
HILL
Prepared by Chapel Hill Planning Department
May 24, 2004
This paper has been prepared to
describe the nature of duplex development in Chapel Hill, review existing
regulations and recent experience with those regulations, and offer
observations on how the regulations are working.
BACKGROUND
Duplexes are a traditional form of
housing in Chapel Hill. Historically, construction of duplex dwelling units
routinely occurred near or alongside single-family dwellings, were of
approximately the same scale as nearby single-family dwellings, and were built in
a manner that offered diversity in the type and cost of housing.
During the 1990’s, the nature of
new duplex construction changed and the community began to see large duplex
construction, out of scale with existing neighborhoods.
REVIEW OF DUPLEX
REGULATIONS
Following is a brief chronology
of the Council’s consideration of duplex regulations:
- May 2002: Petition from the
Northside Community about the damaging effects of duplex development in
that neighborhood.
- October 2002: Ordinance
amendment temporarily prohibiting new duplex development in the R-2A, R-2
and R-3 zoning districts.
- January, 2003: Land Use
Management Ordinance enacted; prohibition on new duplex development
extended to February 29, 2004.
- February 23, 2004: Ordinance
amendment to permit duplex development in the R-2 and R-3 zoning districts
(other than in the Northside Conservation District), with new restrictions
on size and process for approval, and new design guidelines for duplexes.
New duplex development prohibited in Northside.
- March 1, 2004: Council request
for additional discussion about duplex regulations.
The regulations that are in place
now can be summarized as follows:
Duplex Standards for
Development:
(a)
The maximum floor area of the
structure may not exceed 3,000 square feet.
(b)
The maximum floor area ratio
applicable shall be .40.
(c)
The maximum number of bedrooms per
structure shall be 6.
(d)
The Community Design Commission
shall approve duplex building elevations and site plans in accordance with Council-adopted
design guidelines (see below).
Duplex Design Guidelines:
1.
A single front door to face
street, if practicable;
2.
Appearance to resemble
single-family dwelling;
3.
Height of structure comparable to
nearby buildings;
4.
Garage doors not facing street, if
practicable; and
5.
Limit front yard parking as much
as possible.
These regulations do not apply in the Northside Conservation
District or the Residential-1 zoning district (where duplexes are prohibited).
EXAMPLES
Following are images and
descriptions of existing duplex structures around Town. Some duplex structures
blend well into their surroundings, with adequate space for cars, while others
are built much larger than other nearby single-family structures, with either a
common large surface parking lot, front-yard parking, or extensive use of
on-street parking.
![](12-attach%201%20-DUPLEX%20DISCUSSION%20PAPER%20-%20Council%20Agenda%20-%205-24-04%20-%20redistributed%2060-30_files/image001.jpg)
![](12-attach%201%20-DUPLEX%20DISCUSSION%20PAPER%20-%20Council%20Agenda%20-%205-24-04%20-%20redistributed%2060-30_files/image003.jpg)
Duplex dwellings units that are
newly constructed often sell for close to $300,000 per side, a departure from
the traditional Chapel Hill duplex that tended to offer affordable housing
opportunities.
![](12-attach%201%20-DUPLEX%20DISCUSSION%20PAPER%20-%20Council%20Agenda%20-%205-24-04%20-%20redistributed%2060-30_files/image004.jpg)
The regulations recently put in
place by the Town Council serve to restrict the size of new duplexes, both in
terms of the physical size of the structure and the number of bedrooms.
DISCUSSIONS OF
COMMUNITY DESIGN COMMISSION
The Community Design Commission had
its first opportunity to review a site plan and elevations for a proposed
duplex. The Commission denied the request, and is discussing a possible
petition to the Town Council to seek adjustment of the adopted Duplex Design
Guidelines. Commission members have expressed concern about some of the
specific guidelines, including a statement that calls for new duplexes to
resemble single-family dwellings.
THREATENED
LITIGATION
We have received Court papers
indicating an intent to file a lawsuit to challenge that portion of the new
duplex regulation enacted in February, 2004, that assigns to the Community
Design Commission the responsibility to review plans under the new design
guidelines. The Town has agreed to allow an extension of the deadline for the
filing of that suit while the applicant talks with the Planning staff to see if
modifications to the project can be made that will be acceptable to Town
reviewers and the applicant.
OBSERVATIONS
In consideration of all of the
above, we have observed the following:
- The pressures for duplex
development are greatest near campus, but not confined to those
neighborhoods. There is demand for large duplexes. We have seen attempts
to build large two-family structures as far out as Erwin Road, Homestead Road, and Old Durham Road. The Town Council has solved the duplex problem in
the Northside Neighborhood Conservation District by prohibiting new
duplexes in that sensitive neighborhood. For the rest of Town, the Council
has determined that duplexes may be constructed, but with new
restrictions.
- Development of Duplexes
on individual lots increases intensity of use. Duplex structures
are typically accompanied by twice the number of residents and automobiles
compared to standard single-family dwellings.
- Developers are seeking
ways to build two-family structures but avoid the new duplex restrictions.
In the photographs immediately following, a developer received a building
permit for the structure on the left to be built as a duplex. Regulations
then changed before the developer could obtain a permit for a second
duplex; the developer made minor changes (minor change in door and
interior wall configuration) and was able to obtain a permit for the
structure on the right (immediately next door) as a single-family house
with accessory apartment.
![](12-attach%201%20-DUPLEX%20DISCUSSION%20PAPER%20-%20Council%20Agenda%20-%205-24-04%20-%20redistributed%2060-30_files/image006.jpg)
- Developers seek to have
the new duplex restrictions not apply to new subdivisions. A
petition has been brought to the Council arguing that floor area
restrictions that apply to duplexes should not apply if a new duplex
subdivision is proposed. However, one of the problem areas we have
encountered is a situation where a developer seeks to build a new duplex
subdivision, and nearby neighbors are expressing concerns about occupancy
and traffic. Another duplex subdivision, already constructed without
floor area limits (and with large structures) is experiencing on-street
parking problems.
- New duplex neighborhoods
can be developed with Special Use Permits. A developer seeking to
build a duplex neighborhood may apply for a Special Use Permit for a
Planned Development (such as happened with the Pickard Oaks development
off of Old Durham Road). Floor area ratios can be a constraint holding
down size. If an applicant can demonstrate that public purposes will be
satisfied to an equivalent degree, a higher level of intensity (higher
floor area ratio) can be approved for any particular site following
Council findings of public purpose.
- The new duplex rules are
working. The restriction on number of bedrooms and overall floor
area for new duplex structures is restricting the size of duplexes being
proposed. The floor area ratio restriction has not come into play yet,
but likely will.
- The Design Guidelines for
duplexes probably need adjustment. The Community Design
Commission had its first experience in applying the guidelines that were
adopted by the Council, and is concluding that the guidelines could be
improved.
- There is no evidence yet
regarding affordability. One of the potentials with duplex
development is that affordable housing might be constructed. However,
with several examples around Town of ½ of a recently-built duplex selling
for prices approaching $300,000, there is not evidence that new private,
for-profit duplex development results in affordable housing.
- The new regulations are
achieving the Council’s objectives. We believe that the damage to
existing neighborhoods that had been occurring caused by new duplex
development has, for the most part, been abated. A key reason is the new
set of rules for the Northside neighborhood, where new duplexes are no
longer permitted. Another reason is the size restrictions on new duplexes
elsewhere in Town. However, as noted above, market pressure for
construction of large duplexes continues to exist, and developers continue
to seek ways to construct large duplexes. Current discussions are ongoing
about the difference between a duplex vs. a “single-family dwelling with
accessory apartment,” and also about the definitions of floor area and bedroom.
SUMMARY
The Council took a major step in
adjusting duplex regulations in February, 2004. We believe that the new rules
are contributing to the Council’s objectives to protect and preserve existing
neighborhoods. Suggestions are being offered for further adjustments, and the
Council may decide to initiate additional changes.