AGENDA # 4d
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: A Report on Possible Changes to Accessory Apartment Provisions of the Land Use Management Ordinance
DATE: April 18, 2005
This report addresses possible changes to the Accessory Apartment provisions of the Land Use Management Ordinance.
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 30th.
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. The Commission also recommended changes the Land Use Management Ordinance provisions regarding Single Family Dwelling with an Accessory Apartment.
Sept. 27, 2004 The Council called a Public Hearing to consider changes to duplex provisions.
Community Design Commission Recommended Changes to Regulations for Accessory Apartments
On August 18, 2004, the Community Design Commission recommended changes to regulation of accessory apartments. Specifically, the Commission suggested that Accessory Apartments (permitted within single-family dwellings in most zoning districts) be limited to 500 square feet of floor area (the current limit is 750 square feet). And the Commission has suggested that the maximum number of unrelated people who would be permitted to occupy an accessory apartment be reduced from four to two.
These additional changes are not part of the April 18 Public Hearing (discussed in Parts A and B of this agenda item), but are related initiatives that the Council could choose to pursue by calling additional hearings.
As we have considered this issue since the Town Council’s September action to call tonight’s hearing on duplex regulations, we have become increasingly persuaded that it would be desirable to consider the idea of reducing the maximum number of unrelated people in an Accessory Apartment. We agree with the Planning Board that it would not be desirable to try to lower the maximum size of an Accessory Apartment, but increasing levels of concern about traffic and parking in neighborhoods indicate the desirability of considering this change in occupancy. For example: currently, a single family house with an accessory apartment, which is allowed in almost all zoning districts, could have as many as eight unrelated people residing in the structure (four in the main dwelling, four in the accessory). We believe it would be reasonable to reconsider these occupancy limitations.
If the Council agrees to consider this change to occupancy restrictions for accessory apartments, we would suggest that the Council call a Public Hearing on this proposal for September 19. We recommend consideration of this change. Adoption of the attached resolution would call this hearing.
Along with the Planning Board, we do not recommend changes to the current 750 square foot size limit for accessory apartments. We believe that a reduction to 500 square feet is not reasonable as a maximum size for a living space. Generally, one bedroom is all that is possible even with the current 750 square foot limit for accessory apartments. Occasionally, accessory apartments are to be used by an elderly parent who may have accessibility needs, which further expands the square footage demands of the occupant(s). Also, there are many (likely hundreds) of accessory apartments now in Chapel Hill, established under the current 750 square foot maximum. Gathering information on the specifics for each of these would require extensive allocation of staff resources. We believe the current limit is reasonable. We do not recommend changes to the current 750 square foot size limit for accessory apartments.
RECOMMENDATION
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: On March 1, 2005, the Planning Board voted 9-0 to not support the changes proposed by the Community Design Commission to the Accessory Apartment provisions of the regulations. Please refer to the attached Summary of Planning Board Action.
Manager’s Preliminary Recommendation: We recommend that the Town Council adopt the attached Resolution which would call a Public Hearing for September 19, 2005 to consider changes to Single-Family Dwelling Unit with an Accessory Apartment provisions regarding occupancy.
ATTACHMENTS
The Attachments listed below are attached to Agenda #4a:
A RESOLUTION SCHEDULING A PUBLIC HEARING TO AMEND LAND USE MANAGEMENT ORDINANCE PROVISIONS REGARDING A SINGLE-FAMILY DWELLING UNIT WITH AN ACCESSORY APARTMENT OCCUPANCY LIMITS (2005-04-18/R-2)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a Public Hearing for September 19, 2005, for the purpose of considering amending Chapel Hill’s Land Use Management Ordinance provisions regarding occupancy limits for a Single-Family Dwelling Unit with an Accessory Apartment.
This the 18th day of April, 2005.