AGENDA #4f

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Rescheduling Public Hearings for Duplex Changes to Land Use Management Ordinance and Design Guidelines of the Comprehensive Plan

 

DATE:             January 24, 2005

 

 

Adoption of the attached resolution would reschedule Public Hearings that have been scheduled for March 21, 2005 to consider changes to the Land Use Management Ordinance and Comprehensive Plan Design Guidelines relating to the regulation and construction of duplex structures.

 

BACKGROUND

 

On September 27, 2004, the Town Council called Public Hearings for March 21, 2005, to consider changes to duplex regulations and guidelines, at the request of the Community Design Commission.  A copy of the September 27, 2004 agenda item is attached. 

 

On January 10, the Town Council called Public Hearings for March 21, 2005 for the Horace Williams Rezoning, Annexation of Larkspur Subdivision, and Annexation of Vineyard Square Development.

 

We are concerned about the number of items on the March 21 Public Hearing.  Because development review applications are also on the March Public Hearing, we recommend changes to the schedule. 

 

The current schedule for the March 21 Public Hearing is to consider the following items:

 

Horace Williams Rezoning

Annexation:  Larkspur Subdivision

Annexation:  Vineyard Square

Village Apartments Special Use Permit

Duplex related text amendments to Land Use Management Ordinance

Revisions to Duplex Design Guidelines

Holy Trinity Special Use Permit

 

We believe it would be very difficult to achieve this agenda, both because of the length of time needed for the hearings on each item and the production demands associated with evaluating and processing so many public hearing items in one month.

 

Accordingly, we recommend the following adjustments:

 

March 21 Public Hearing:                                                         April 18 Public Hearing:

Horace Williams Rezoning                                                        Duplex Text Amendments

Annexation:  Larkspur Subdivision                                            Duplex Design Guidelines Revisions

Annexation:  Vineyard Square                                       Holy Trinity Special Use Permit

Village Apartments Special Use Permit                          Dobbins Hill II Special Use Permit

                                                                                                Comp. Plan: School Site Designation

 

The Orange County Senior Center Special Use Permit would be considered at the May 16 Public Hearing.

 

RECOMMENDATION

 

We recommend that the Council reschedule the Public Hearings to consider changes to the Land Use Management Ordinance and Comprehensive Plan Design Guidelines relating to the regulation and construction of duplex structures.  Adoption of the attached resolution would adjust the Public Hearing schedule for March and April, as noted above. 

 

ATTACHMENTS

 

  1. September 27, 2004 Memorandum regarding Duplex Provisions (p. 4).

 

 

A RESOLUTION ADJUSTING THE PUBLIC HEARING SCHEDULE FOR MARCH 21 AND APRIL 18, 2005 (2005-01-24/R-5)

 

WHEREAS, the Town Council considered the upcoming public hearing schedule for March 21, 2005, and April 18, 2005, and finds that it would be desirable to adjust the Public Hearing schedule;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to adjust the Public Hearing agendas in the following manner:

 

March 21 Public Hearing:                                                         April 18 Public Hearing:

Horace Williams Rezoning                                                        Duplex Text Amendments

Annexation:  Larkspur Subdivision                                            Duplex Design Guidelines Revisions

Annexation:  Vineyard Square                                       Holy Trinity Special Use Permit

Village Apartments Special Use Permit                          Dobbins Hill II Special Use Permit

                                                                                                Comp. Plan: School Site Designation

 

This the 24th day of January, 2005.

 

ATTACHMENT 1

 

AGENDA #4h

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Duplex Discussions for Public Hearing

 

DATE:             September 27, 2004

 

 

INTRODUCTION

 

The purpose of this report is to forward recommendations from the Community Design Commission on the subject of duplex regulations.  The Community Design Commission recommends that the Town Council amend the Land Use Management Ordinance and Comprehensive Plan Design Guidelines as they relate to the regulations and appearance of duplex structures.  The recommendation from the Community Design Commission is attached to this memorandum (Attachment 4).

 

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

 

BACKGROUND

 

 

 

 

 

 

 

 

 

 

 

RECOMMENDATIONS

 

Community Design Commission Recommendation: On August 18, 2004, the Community Design Commission voted 10-0 to recommend that the Council amend the Land Use Management Ordinance and the Design Guidelines for duplex dwellings.  Please see summary of Commission Design Commission recommendations attached to this report (Attachment 4).

 

Manager’s Recommendation:  We recommend that the Council schedule a Public Hearing for March 21, 2005, to consider changes to the Land Use Management Ordinance and Comprehensive Plan Design Guidelines relating to the regulation and construction of duplex structures.  Adoption of the attached Resolution would do so.

 

ATTACHMENTS

 

  1. May 24, 2004 Memorandum, Duplex Discussion Paper (p. 4).
  2. June 2, 2004 Minutes: Community Design Commission Duplex Workshop (p. 9).
  3. August 18, 2004 Recommendations from the Community Design Commission (p. 10).

 

 

A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER CHANGES TO THE LAND USE MANAGEMENT ORDINANCE AND THE COMPREHENSIVE PLAN DESIGN GUIDELINES RELATING TO THE REGULATION AND CONSTRUCTION OF DUPLEX STRUCTURES (2004-09-27/R-10)

 

WHEREAS, the Town Council has requested and received a Discussion Report Paper for Council consideration, offering comments and recommendations on issues related to regulation of duplex dwelling units;  and

 

WHEREAS, the Community Design Commission has considered and submitted recommended changes to the Land Use Management Ordinance and Comprehensive Plan Design Guidelines on issues related to the regulation of duplex dwelling units;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers this item to the Town Manager for his analysis and recommendations and calls for a Public Hearing for March 21, 2005.

 

BE IT FURTHER RESOLVED that prior to the Public Hearing, Town staff is requested to study zoning districts that allow duplexes to determine the number of lots that are 1½ times the allowable lot limit in order to determine lots that might be impacted if the minimum lot size was reduced from 2 to 1½, as suggested by the Planning Board.

 

This the 27th day of September, 2004.

 

Attachment 1

 

 

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:

 

 

 

 

 

 

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.

 

 

      

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.

 

 

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:

 

  1. 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. 

 

  1. 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.

 

  1. 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. 

 

 

 

  1. 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.

 

  1. 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.

 

  1. 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. 

 

  1. 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.

 

  1. 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.

 

  1. 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.


Attachment 2

CHAPEL HILL

COMMUNITY DESIGN COMMISSION

June 2, 2004

First Floor Conference Room, Town Hall

Meeting Summary

 

MEMBERS PRESENT:          Charlotte Newby (Chair), George Cianciolo, Chris Culbreth, Thatcher Freund, Laura King Moore, John Runkle, Amy Ryan,

 

MEMBERS ABSENT:             Dale Coker, Scott Nilsen, Glenn Parks, Scott Radway, Polly Van de Velde

 

STAFF PRESENT:                 Roger Waldon, J.B. Culpepper

 

OTHERS PRESENT:             Kurt Mueller, builder; Christopher Payne, UNC Housing; Eric Chupp, builder; Scott Kovens, builder; Zalmon Jaffe, builder; Phil Post, engineer; Joe Capowski, citizen from Coolidge area; Martin Feinstein, citizen from Coolidge area.

 

 

The meeting was called to order at 7:30 pm.

 

WORK SESSION ON DUPLEX DESIGN GUIDELINES

 

The Commission entertained discussion with interested citizens about the history of duplexes in Chapel Hill, current duplex regulations, the current duplex guidelines and issues related to duplex appearance and occupancy. 

 

The Commission, by consensus, agreed to ask the staff prepare a draft of the recommended changes to the Land Use Management Ordinance regarding two-family dwellings as well as recommended Duplex Design Guidelines changes, based on the discussion at the meeting.  The Chair asked that the draft of the recommended changes be available for discussion and adjustment at the June 16, 2004 meeting.

 

The meeting was adjourned at 8:25 pm.

 

Meeting Summary prepared by: JB Culpepper

 

Meeting Summary approved as submitted/amended ______________________________.

 

 

 

 

 Chapel Hill Community Design Commission

 

George Cianciolo, Dale Coker, Chris Culbreth, Thatcher Freund, Charlotte Newby (Chair), Laura King Moore,

 Scott Nilsen , Glenn Parks, Heidi Perry, Scott Radway, John Runkle,  Amy Ryan, Polly Van de Velde, Jonathan Whitney

 

SPECIAL MEETING

 

6:30 - 8:30 p.m., Wednesday June 2, 2004

306 N. Columbia Street, Chapel Hill, NC 

 

WORK SESSION ON

DUPLEX DESIGN GUIDELINES

Approx.

  Time

 

6:30 p.m.          1.  Call to Order, Introduction of Commission, Staff and Attendees

 

6:40 p.m.          2.  Introduction of Topic by Staff

 

a.      Background

b.      Review of Current Regulations/Guidelines

c.       Examples of Duplex Structures

d.      Staff Observations

 

(Note:  May 24 Council Agenda Item with Duplex Discussion Paper is attached as background for this discussion)

 

7:00 p.m.          3. Comments from Chair and Commission Members

 

7:20 p.m.          4.  General Discussion

 

8:20 p.m.          5.  Next Steps

 

8:30 p.m.          6.  Adjournment

 

 

Attachment 3

 

SUMMARY OF COMMUNITY DESIGN COMMISSION ACTION

 

Subject:                       Duplex Regulations    

 

Meeting Date:           August 18, 2004

 

Recommendation:  That the Council amends the Land Use Management Plan and the Comprehensive Plan Design Guidelines to reflect the recommendations of the Community Design Commission as they relate to duplex regulations.

 

 Vote:                          10-0

 

Aye: Mark Broadwell, George Cianciolo, Dale Coker, Thatcher Freund, Laura King Moore, Charlotte Newby (Chair), Glenn Parks, Scott Radway, John Runkle, Amy Ryan

 

Nay:     None

 

Recommended Duplex Design Guidelines (to replace existing Guidelines)

 

6.            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. 

 

7.            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.

 

8.            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;

b.      Structures on the same street (both sides) as the subject property;  and

c.       Structures within 500 feet of the subject property.

 

9.            Garage doors, if facing the street, should not be the dominant feature of the structure.

 

10.        Entrances should clearly identify important access points.

 

11.        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.

 

12.        All elevations of a building’s exterior design should be coordinated with regard to color, materials, architectural form and detailing.

 

13.        Lighting shall be designed to provide illumination at entrances and along walkways to entrances, without creating spillover onto adjacent properties.

 

Landscape plantings and hardscape materials shall be incorporated to clearly define parking areas and minimize the visual impact of front yard parking.

 

Recommended additions/modifications  to

existing Land Use Management Ordinance regulations regarding Duplexes:

 

  1. That no more than four parking spaces, as defined by landscaping and hardscape materials, shall be permitted on a property for which a duplex is authorized.

 

  1. The Community Design Commission shall approve duplex building elevations, site plans, and lighting plans for duplex structures approved by a Special Use Permit or Site Plan approval, in accordance with Council-adopted design guidelines.

 

  1. That all property owners, within 100 feet of an application for Community Design Commission review of a duplex elevations, shall be notified of the meeting date and time during which the Commission will consider the application. That for all duplex structures that are approved by a Special Use Permit or Site Plan Review, all property owners within 1,000 feet of an application shall be notified.

 

 

 

Recommended changes to the Land Use Management Ordinance

regarding Single-Family with Accessory Apartment:

 

  1. Lower the maximum size for an Accessory Apartment from 750 square feet to 500 square feet.

 

  1. Lower the maximum number of unrelated people who may occupy an Accessory Apartment from 4 to 2.

 

 

Prepared by:                 Charlotte Newby, Chair

                                    Gene Poveromo, Staff