AGENDA #9

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Duplex Regulations:  Land Use Management Ordinance Text Amendment

 

DATE:             June 9, 2003

 

Tonight the Council continues a Public Hearing from May 19 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:

 

• Make changes now to duplex regulations.  We discuss options in this memorandum, and include two ordinances which would (1) Allow duplexes as permitted uses in most parts of Chapel Hill (including Northside), but place new restrictions on the size and use of duplex dwellings;  and (2) Prohibit duplexes in most residential zones.

 

• Take no action, which would allow the current prohibitions to expire, restoring duplexes as permitted uses in most zoning districts.

 

We recommend enactment of the attached Ordinance A, which would extend the sunset date on current duplex restrictions until February 29, 2004.

 

DISCUSSION

 

On May 19, 2003, we outlined the following options for the Council’s consideration: 

 

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. 

 

KEY ISSUES

 

The following issues were raised at the May 19 Public Hearing:  Timing of enacting changes and discussion of provisions to allow affordable duplexes.

 

Discussion of Timing:  At the Public Hearing, it was suggested that input be obtained from the Northside Neighborhood Conservation District Steering Committee as soon as possible, and that interested citizens have opportunities to comment on proposals.

 

Comment:  The Steering Committee recommended that the Council extend the sunset date to February 29. We will be working with the Steering Committee to suggest that a recommendation regarding duplexes be brought to the Council as early as possible.  A subsequent Public Hearing will need to be scheduled. 

 

Affordable Duplexes:  At the May 19 Hearing, Robert Dowling from Orange Community  Housing and Land Trust, suggested that duplex structures be allowed in certain zoning districts if they were to be affordable units. 

 

Comment:  We have discussed this idea with the Town Attorney and we do not believe that it is feasible under current North Carolina law to regulate land use based on the price of the dwelling units. 

 

NEXT STEPS

 

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 have recommended 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.

 

If the date is so extended, we will work with the Northside Steering Committee and urge the Committee to study the duplex issue early.  We will ask the Town Council to call a Public Hearing when this work is nearing completion.  An action to revise the duplex regulations could occur earlier than the February 29 sunset date.  We note that it is possible that the solutions proposed by the Northside Steering Committee, and subsequently enacted by the Town Council for application in the Northside area, may not be feasible or desirable in other areas of Town.  We suggest that the ideas generated by the Committee be presented to the Council along with other options for consideration of a comprehensive, Town-wide approach to managing duplex development.

 

RECOMMENDATIONS

 

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. 

 

Manager’s  Recommendation: 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, Town-wide, 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 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.

 

 

ATTACHMENT

 

1.  Memorandum and attachments from the May 19, 2003 Public Hearing (p. 9).

 

ORDINANCE A

Planning Board, Northside Steering Committee

and Manager’s Recommendation

 

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE to prohibit TEMPORARILY two-family duplex dwelling units in particular residential zoning districts (2003-06-09/O-7a)

 

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:

 

Section 1.  Article 12 of the Chapel Hill Development Ordinance, Section 12.3, Schedule of Use Regulations, USE GROUP A, columns for R-1, R-2, R-2A and R-3, in the row for Duplex Two-Family Dwelling Unit(s), shall continue to read as follows:

 

                                                KEY: “- - ”  Not Permitted

 

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, as subsequently modified on January 27, 2003, 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 9^th day of June, 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 (2003-06-09/O-7b)

 

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:

 

Section 1.  Table 3.7-1: Use Matrix of the Chapel Hill Land Use Management Ordinance, columns for R-1, R-2A, R-2 and R-3, in the row for Duplex Dwelling Units, is hereby revised to read as follows:

 

                                                KEY: “- - ”  Not Permitted

 

Section 2.  Appendix A of the Chapel Hill Land Use Management Ordinance, Dwelling, Two-Family -- Duplex is hereby revised to read as follows: 

 

“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 two (2) 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 9^th day of June, 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 (2003-06-09/O-7c)

 

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:

 

Section 1.  Table 3.7-1: Use Matrix of the Chapel Hill Land Use Management Ordinance, columns for R-1, R-2A, R-2 and R-3, in the row for Duplex Dwelling Units, is hereby revised to read as follows:

 

                                                KEY: “- - ”  Not Permitted

 

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 9^th day of June, 2003.