AGENDA #4a

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Public Hearing: Land Use Management Ordinance Text Amendments -- Changes to Duplex Provisions

DATE: April 18, 2005

INTRODUCTION

This Public Hearing has been called to consider changes to the duplex provisions of the Land Use Management Ordinance as they relate to the regulation of duplex structures.

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 amendment enacted 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.

Feb. 23, 2004 Ordinance amendment 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 prohibited in Northside.

March 1, 2004 The Council requested additional discussion about duplex regulations.

May 24, 2004 The Council received a Discussion Paper (Attachment 2) 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^th.

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 Town Council; the item was deferred to September 27, 2004.

August 18, 2004 The Community Design Commission recommended (Attachment 4) that the Town 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 Comprehensive Plan Design Guidelines.

DISCUSSION OF PROPOSED CHANGES

Since enactment of the duplex size provisions as well as the associated design guidelines, the Community Design Commission has had opportunity to review proposals for new duplexes, and has concluded that the provisions regulating duplexes currently in place are not sufficient. The Commission recommended that changes be made both to language in the Land Use Management Ordinance and to language in the Comprehensive Plan Design Guidelines.

The Commission recommends that the following additional requirements be inserted into Ordinance regulations for duplexes:

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.

When a Special Use Permit or Site Plan Review application is approved by the Town Council or the Planning Board that authorizes construction of duplexes, the Community Design Commission shall approve building elevations, site plans, and lighting plans for the duplex structures in accordance with Council-adopted design guidelines.

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.

We believe that these changes are reasonable and would help to clarify the intent of duplex regulations and review processes. Ordinance A includes these provisions.

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 Community Design Commission Action attached to this report.

Planning Board Recommendation: The Planning Board reviewed the proposed changes on March 1, 2005, and voted 9-0 to recommend the changes. Please refer to the attached Summary of Planning Board Action.

Manager’s Preliminary Recommendation: We recommend that the Town Council enact the proposed changes to the Land Use Management Ordinance relating to the regulation and construction of duplex structures, as proposed by the Community Design Commission.

The Ordinance in Attachment 1 would amend the Land Use Management Ordinance.

ATTACHMENTS

ATTACHMENT 1

(Manager’s Preliminary Recommendation)

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REGARDING DWELLING UNITS, TWO-FAMILY–dUPLEX PROVISIONS

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendments to the Land Use Management Ordinance and finds that the amendments are warranted in order to achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Section 6.19, Dwelling Units – Duplex, of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

“6.19 Dwelling Units -- Duplex

The following standards shall apply to development of duplexes:

(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.

(d) The Community Design Commission shall approve duplex building elevations and site plans to determine if the elevations/site plans are in accordance with the adopted design guidelines.

(e) No more than four (4) vehicular parking spaces, as defined by landscaping and hardscape materials, shall be permitted.

(f) For Special Use Permit, Special Use Permit Modification, Site Plan Review, and Site Plan Review Applications which authorize construction of Dwelling Units, Two-Family – Duplex Use, the Community Design Commission shall approve duplex building elevations and site plans to determine if the elevations are in accordance with the adopted design guidelines.

(g) That every application for Community Design Commission review of a duplex elevation/site plan shall include a list of owners of properties located within 100 feet of the subject property boundaries with the full name and address of each property owner, with stamped, pre-addressed mailing envelopes for each owner on the mailing list. The stamped, pre-addressed envelopes shall be used to notify the property owners of the meeting date and time during which the Community Design Commission will consider the application.

Every application for Community Design Commission review of duplex structure(s) that are approved by a Special Use Permit, Site Plan Review, or said modifications, shall include a list of owners of properties located within 1,000 feet of the subject property boundaries with the full name and address of each property owner, with stamped, pre-addressed mailing envelopes for each owner on the mailing list. The stamped, pre-addressed envelopes shall be used to notify the property owners of the meeting date and time during which the Community Design Commission will consider the application. ”

Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

Section 3. That these amendments shall become effective upon adoption.

This the ___ day of ____, 2005.