AGENDA #1
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Duplex Regulations: Land Use Management Ordinance Text Amendment
DATE: May 19, 2003
This Public Hearing has been called to consider changes to regulations in Chapel Hill’s Land Use Management Ordinance related to duplex dwelling units.
This memorandum discusses recent changes to Town regulations regarding duplexes, and recommends that current regulations remain in place until work can be completed on a new zoning district for the Northside neighborhood.
Alternative courses of action include:
We recommend enactment of the attached Ordinance A, which would extend the sunset date on current duplex restrictions until February 29, 2004.
BACKGROUND
On May 14, 2002, residents of the Northside and Sykes Street neighborhoods sponsored a presentation for the Town Council of conditions in those neighborhoods, and the negative impacts caused by certain types of new residential construction. Of particular concern was a growing trend in construction of duplexes (often large duplexes) that were not consistent with existing neighborhood patterns. The Town Council referred the concerns to the Town Manager for report.
On October 7, the Town Manager recommended to the Council that action be taken to restrict construction of new duplex dwelling units in the Residential-1, Residential-2A, Residential-2, and Residential-3 zoning districts. Ongoing discussions were underway about a new Land Use Management Ordinance, but the Manager recommended that action on this duplex issue needed immediate attention. The Manager’s October 7 memorandum to the Town Council is attached (Attachment 1).
On October 21, the Town Manager provided a follow-up report (please see Attachment 2) and the Town Council enacted a temporary ordinance that eliminated “duplex” as a permitted use in the Residential-1, Residential-2A, Residential-2, and Residential-3 districts. A copy of the Council’s ordinance is attached (Attachment 3). The ordinance contained a provision to limit the effective time period of this restriction, as follows:
This ordinance shall be effective until June 30, 2003, after which time the previously existing Ordinance Schedule of Use Regulations regarding Duplexes shall be again effective; provided, however, that nothing contained herein shall prevent the Town Council, after following procedures for amending the Development Ordinance, from taking action to amend this Ordinance during this period.
The Council expressed intent to revisit duplex regulations prior to the June 30, 2003 sunset date of these October, 2002 restrictions.
In a separate but related action, the Council included a provision in the new Land Use Management Ordinance, enacted on January 27, 2003, authorizing creation of Neighborhood Conservation Districts. The Council determined that the Northside neighborhood should be the first neighborhood studied under this new provision, and appointed a Steering Committee on April 14, 2003 to prepare a Northside Neighborhood Plan. A key point of discussion for this committee will be regulation of the construction and occupancy of duplex dwelling units.
DISCUSSION
Enactment of Chapel Hill’s Land Use Management Ordinance took longer than was expected. When the Council decided in October, 2002, to make an interim change for duplex regulations, it was possible that enactment of the full ordinance was imminent. The full ordinance was subsequently adopted at the end of January, 2003, setting back schedules in a number of planning-related areas.
The Northside Steering Committee is just now gearing up for preparation of a neighborhood plan. (The Committee was appointed by the Council in April.) We expect preparation of a neighborhood plan and zoning recommendations to take approximately six months. Duplex regulations will clearly be an item of discussion and recommendation, but there has not yet been opportunity for the community to start those discussions.
In light of these facts, we believe that there are three main options available for Council consideration at this time:
1. Allow the prohibition of duplexes in R-2A, R-2, and R-3 zoning districts to expire, resulting in duplexes once again being a permitted use in the R-2A, R-2 and R-3 districts. Taking no action would accomplish this option. (Note: there is separate language now, unrelated to the temporary October 21 action, which prohibits new duplexes in the R-1 zoning district.)
2. Extend the sunset date to another date certain to allow time for the creation of a Northside Neighborhood Conservation District prior to a final decision on duplex regulations.
3. Amend and fine-tune existing duplex regulations now.
We explore each of these options below.
1. Allow the prohibition to expire.
If the Council were to take no action at this time, duplex regulations will revert to pre-October, 2002 status, which means that duplexes would once again be permitted uses in the R-2A, R-2 and R-3 zoning districts. (Note: Between 1981 and 2003, duplexes were permitted in the Residential-1 district on lots that had been created before 1981. The footnote allowing this nonconforming provision was purposefully not carried over into the January, 2003 Land Use Management Ordinance).
We believe that the reasons that led the Council to take action in October, 2002, are still applicable and compelling. We do not recommend allowing the current duplex prohibition to expire.
2. Extend the sunset date.
If the Council does not wish to allow the duplex prohibition to expire, but finds that the decision needs more time for discussion, the Council may choose to amend the Land Use Management Ordinance by adjusting the date at which the duplex prohibitions expire. We believe that this is a desirable, short-term solution because it would give the just-starting Northside project time to develop ideas and recommendations. Allowing six months for development of recommendations from the Northside Committee, a new set of duplex regulations for Northside (and possibly considered for wider application) could be ready for a January public hearing. Accordingly, if the Council decides to allow more time for discussion of this issue, we would recommend extending the sunset date for duplex prohibitions to February 29 , 2004.
3. Amend the regulations now.
If the Council were to choose not to extend the duplex prohibition, and substitute additional restrictions in place of the prohibition, we identify six regulatory provisions related to duplexes that could be adjusted:
A. Adjust where (in which zoning districts) duplexes would be permitted. Currently, duplexes are not permitted in any low-density districts, nor in R-1, R-2A, R-2, or R-3. Densities in the Residential-3 district can go as high as 7 units per acre, and it could be argued that duplexes should be permitted in the R-3 zone. The Residential-2 district is, in some ways, a bridge between low and medium density zoning districts, and duplexes have traditionally been permitted uses in R-2 in Chapel Hill. An argument could be made that duplexes should be reinstated as a permitted use in R-2. However, we note that the nature of new duplexes in the Chapel Hill market has changed, and the type of duplexes that have recently been built could be undesirable in either R-2 or R-3 neighborhoods. Our recommendation is that duplexes not be permitted uses in R-2 or R-3 unless changes are made in intensity standards, as discussed below.
Several neighborhoods, with Northside as a notable example, have seen the character of their environments change significantly with the development of large duplexes, legally housing up to eight unrelated individuals on a single zoning lot that once was home to a single family. Restoring duplexes as permitted uses in these zoning districts without additional controls would continue the recent trend of substantial change for older neighborhoods. Leaving the prohibition in place would have the disadvantage of delaying the use of property for property owners who had planned, prior to October 21, 2002, to construct new duplexes.
B. Adjust the permitted size of duplex structures. The Land Use Management Ordinance currently applies a Floor Area Ratio to determine the maximum size of a structure, and a maximum number of bedrooms for duplexes (3 per side). There are additional options to consider: establish a general maximum floor area for a duplex structure (e.g., 2,000 square feet. 1,000 per side); adjust the maximum floor area ratio for duplex structures (e.g., .40 or .25); or adjust the maximum number of bedrooms per side of a duplex (e.g., two or three). We believe that part of the problems created by duplexes is related to size, and would recommend consideration of a maximum size for a duplex structure of 2,000 square feet and a maximum of two bedrooms per side. (The Council could alternatively consider three bedrooms per side as a maximum.)
Recent duplex regulations have limited the number of bedrooms per side of a new duplex to three, but this limitation has not slowed the trend toward eight people per duplex nor the trend toward as many as eight automobiles per duplex, nor the trend toward building large structures (as large as 5,000 square feet). There has not yet been an attempt to place a cap on the size of new duplex dwellings; doing so could have the effect of limiting the number of new duplex dwellings that are built.
C. Adjust regulations related to occupancy of a duplex structure. Currently, occupancy is limited for all single-family and two-family dwelling units to a maximum of four unrelated persons per dwelling unit. It may be reasonable to consider limiting occupancy of any new two-family structure, such that in a duplex occupancy would be limited to no more than three unrelated persons per dwelling unit.
D. Adjust the minimum lot size required for construction of a duplex structure. We believe that the current control mechanisms for duplexes are reasonable, allowing minimum lot size to be governed by overall density limits by zone. For example, in the R-2 zone, the maximum density is 4 dwelling units per acre. Accordingly, a half-acre lot is required for construction of a duplex. In the R-3 zone, where the density cap is 7 dwelling units per acre, the minimum lot size for a duplex would be 2/7 of an acre (12,446 square feet). An additional restriction could be put in place, stating that minimum lot size for a duplex would be the larger of either twice the minimum for single-family development, or the minimum lot size as calculated using density caps.
Comment: Current land use controls require a relatively large lot size for a duplex in the Residetial-2 zone (one-half acre), and allow for smaller duplex lots in the Residential-3 zone (approximately 12,000 square feet of land area). These controls help assure that, if new duplex dwellings are constructed, they cannot be constructed on a minimally-sized single-family lot, and that overall density of development (in terms of dwelling units per acre) would remain relatively constant whether new duplexes or new single-family dwellings were
to be developed. Approximately twice as much land would be required for construction of a duplex, compared to what would be required for construction of a single-family dwelling.
E. Adjust parking requirements to regulate the number and location of allowable parking spaces on a lot. Using techniques currently employed to control front-yard parking, regulations could be written to require that surface parking spaces be clearly identified on a duplex site, that there be a minimum number of such spaces (e.g., two), and that parking in non-designated areas be prohibited. Maximum parking requirements could be considered, with exemptions for garages and driveways.
F. Adjust the process for consideration of new duplex applications. Currently, a property owner seeking approval for a duplex dwelling must submit a Zoning Compliance Permit application (reviewed by staff to assure compliance with all zoning regulations), and a Building Permit application (reviewed by staff to assure compliance with the N.C. Building Code). The process could be adjusted to require that a Special Use Permit be obtained prior to construction of a duplex.
Comment: Requiring additional levels for approval prior to construction of a duplex dwelling unit would create additional opportunities for citizen review and comment. Establishing “duplex” as a special use would broaden the scope of review to include impacts on health, safety, and general welfare, and also impacts on property values for adjacent properties.
The Special Use Permit process involves advisory boards, public hearing, consideration by the Town Council, and preparation of stormwater and traffic analyses that increase application costs and significantly lengthen time frames for processing an application.
RECOMMENDATION
Planning Board Recommendation: The Planning Board discussed duplex regulations on May 6, 2003, and voted 8-2 to recommend that the Council extend the June 30, 2003 sunset date to February 29, 2004 to allow time for the Northside Steering Committee to prepare recommendations and for the Town Council to act on the recommendations. Please see the attached Summary of Planning Board Action.
Northside Neighborhood Conservation District Steering Committee Recommendation: The Committee discussed duplex regulations on May 15, 2003, and voted unanimously to recommend that the Council extend the sunset date to February 29, 2004. A representative of the Committee will present this recommendation to the Council at the Public Hearing.
Manager’s Preliminary Recommendation: We believe it would be reasonable to allow time for the Northside Steering Committee to develop duplex recommendations for application in the Northside area, and possibly applicable in other parts of Town as well. Accordingly, we believe it would be reasonable to extend the sunset date for the current duplex prohibitions in the R-2A, R-2, and R-3 zoning districts, to allow time for the Northside Steering Committee to prepare recommendations, and for the Council to receive and act on those recommendations. Accordingly, we suggest that the Council extend the sunset date to February 29, 2004. If the date is so extended, we note that action to revise regulations could still take place earlier than the sunset date; but if no action were to be taken by the sunset date, the prohibitions would expire.
We recommend enactment of the attached Ordinance A, which would extend the sunset date for duplex prohibitions in the R-2A, R-2, and R-3 zoning districts to February 29, 2004.
An alternate action would be to amend duplex regulations now, townwide, and then consider further adjustments for the Northside neighborhood at a later date. Enactment of Ordinance B would change the Land Use Management Ordinance to allow duplex dwelling units as permitted uses in the R-2, R-2A, and R-3 zoning districts, and assign the following restrictions to construction of all new duplexes:
· Size of new duplex structures limited to 2,000 square feet.
· Size of new duplex structures limited to two bedrooms per side.
· Minimum lot size for duplexes governed by density caps in each zoning district or two times the standard minimum lot size, whichever is greater.
· Minimum parking limits established as two spaces per dwelling unit for a duplex.
· Duplex Dwelling Unit deleted as a permitted use in R-2A zoning district.
· Duplex Dwelling Unit designated as a Special Use in R-2 and R-3 zoning districts. (Duplex would remain a permitted use in R-4, R-5, R-6, and all non-residential zoning districts).
Another alternative would be for the Council to eliminate duplexes as a permitted use in the R-2A, R-2, and R-3 zoning districts. Enactment of Ordinance C would make this change.
Another alternative would be for the Council to take no action, allowing the current prohibition of duplexes in R-2A, R-2, and R-3 zoning districts to expire, restoring the previous condition of duplexes being permitted uses in those zoning districts.
NOTE: Due to the schedule for producing this Public Hearing Memorandum, Ordinances A, B, and C are offered here without the benefit of review by the Town Attorney. Legal review of the draft ordinances will take place prior to the time for Council action.
ATTACHMENTS
ORDINANCE A
Planning Board’s and Manager’s Preliminary Recommendation
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE to prohibit TEMPORARILY two-family duplex dwelling units in particular residential zoning districts (2003-05-19/O-1a)
WHEREAS, the Council of the Town of Chapel Hill has been concerned about the impact of the two-family duplex land use in lower density residential zoning districts; and
WHEREAS the Town Council has during the process of revising the Development Ordinance found that adjustment to the two-family duplex dwelling units provision is desirable, and finds that the amendments are appropriate as a temporary measure due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan; and
WHEREAS the Town Council took action on October 21, 2002, to set June 30, 2003 as a sunset date for this temporary prohibition; and
WHEREAS the Town Council finds that it is desirable to extend this sunset date to allow more time for study of this issue;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
|
|
R-2R-2AR-3 |
R-1 |
Dwelling units, duplex |
- - |
- - |
Section 2. This ordinance shall be effective until February 29, 2004, after which time the previously existing Ordinance Schedule of Use Regulations regarding Duplexes, in effect on October 20, 2002, shall be again effective; provided, however, that nothing contained herein shall prevent the Town Council, after following procedures for amending the Development Ordinance, from taking action to amend this Ordinance during this period. That, subject to the provisions of the previous sentence, all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That these amendments shall become effective upon enactment.
This the 19th day of May, 2003.
ORDINANCE B
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to ADJUST WHERE DUPLEX DWELLING UNITS May be allowed and further restrict the use (2003-05-19/O-1b)
WHEREAS, the Council of the Town of Chapel Hill has been concerned about the impact of duplex dwelling units in residential zoning districts; and
WHEREAS, the Town Council has during the process of revising the Development Ordinance and subsequent to adoption of the Land Use Management Ordinance found that adjustment to the duplex dwelling units provision is desirable, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
|
|
R-2R-3 |
R-1R-2A |
Dwelling units, Duplex |
S |
- - |
“Dwelling,
Two-Family -- Duplex: A single dwelling consisting of two (2)
dwelling units (other than a two-family dwelling - including accessory
apartment ), provided the two dwelling units are connected by or share a common
floor-to-ceiling wall, or, if the two units are arranged vertically, that they
share a common floor/ceiling and not simply by an unenclosed passageway (e.g.,
covered walkway) and provided that each dwelling unit contains no more than
three (3) bedrooms per unit and no more than 2,000 square feet of floor area
per building. Any dwelling unit that is part of two family dwelling shall
be classified as a Rooming House if occupied by more than four persons who are
not related by blood, adoption, marriage, or domestic partnership.”
Section 3. Rules for Interpretation of Table 3.8-1, Column (B) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:
“Column (B): The minimum lot size figures are expressed in square feet. Where a zoning lot is located in more than one zoning district, the minimum gross land area required of such zoning lot shall be the sum of the areas derived by multiplying the minimum gross land area required for each represented district by the proportion of the zoning lot located within that district. For duplex dwelling units, the minimum lot size is two (2) times the figures shown in Column (B) or the land area derived by applying the Maximum Density from Column (C), whichever is greater. For multi-family dwellings, the minimum lot size is two (2) times the figures shown in Column (B).”
Section 4. Section 5.9.7, Minimum Number of Parking Space Chart, of the Chapel Hill Land Use Management Ordinance, between eighth and ninth row is hereby revised to read as follows:
“Use TC-1 and TC-2 Districts other than
Districts TC and OI-3
Dwelling, Duplex 1 per dwelling unit 2 per dwelling unit”
Section 5. Section 5.9.7, Minimum Number of Parking Space Chart, of the Chapel Hill Land Use Management Ordinance, ninth row is hereby revised to read as follows:
“Use TC-1 and TC-2 Districts other than
Districts TC and OI-3
Dwelling, two-family single-family
with accessory apartment
or multi-family:
Efficiency 1 per dwelling unit 1 per dwelling unit
1 or 2 bedrooms 1 per dwelling unit 1.5 per dwelling unit
3 or more bedrooms 1 per dwelling unit 2 per dwelling unit”
Section 6. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 7. That these amendments shall become effective upon adoption.
This the 19th day of May, 2003.
ORDINANCE C
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to ADJUST WHERE DUPLEX DWELLING UNITS May be allowed and further restrict the use (2003-05-19/O-1c)
WHEREAS, the Council of the Town of Chapel Hill has been concerned about the impact of duplex dwelling units in residential zoning districts; and
WHEREAS, the Town Council has during the process of revising the Development Ordinance and subsequent to adoption of the Land Use Management Ordinance found that adjustment to the duplex dwelling units provision is desirable, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
|
|
R-2R-3 |
R-1R-2A |
Dwelling units, Duplex |
- - |
- - |
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 19th day of May, 2003.