STAFF REPORT

Town Council, January 24, 2008

 

Land Development Ordinance (LDO) Text Amendments (Round 9, Part II) (PL08-003f)
Consideration of modifications to the Land Development Ordinance regarding residential building design
Speaker:  Mr. Ricky Barker
 

From:  Jeffery G. Ulma, AICP, Director, Planning Department
Prepared by:  Ricky W. Barker, AICP, Associate Planning Director

Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

 

 

BACKGROUND:

At its December 13th meeting, Council tabled the anti-monotony and garagescape amendments included in Round 9 of the Land Development Ordinance text amendments.  At this meeting, Council directed staff to schedule a tour of housing developments that these amendments were designed to address.  The tour took place on January 15th with Council members Jennifer Robinson and Gail Adcock attending with Jeff Ulma and Ricky Barker of staff.  The comments received on the tour were: these regulations may be something the Town should pursue; the regulations should not be difficult to achieve by the development community; there is not as much of an issue with attached dwelling units; and, both the front and rear of buildings along major roadways also should be addressed.

 

Based on discussion with the Developers’ Focus Group (DFG) members this past fall, staff revised the anti-monotony and garagescape standards to clarify and further define the requirements.  Based on the most recent feedback from some of the DFG members, the requirements are realistic and most residential developers already require differences in models within their projects.

 

Planning & Zoning Board Recommendations

At its October 15, 2007 meeting, the Planning and Zoning Board had a tie vote (4-4) on a motion to recommend approval to Council of the anti-monotony and garagescapes regulations.  The members voting against the motion were concerned about the Town adopting regulations dictating design standards for residential structures.

 

Staff’s Recommendation:

Staff has the following options for Council to consider with regard to these regulations that take into account Planning and Zoning Board and Council members’ concerns:

 

Option 1: Approve only the garagescape regulations – This option should make a large impact on the appearance of residential buildings and is easier to implement.

 

Option 2: Approve both anti-monotony and garagescapes regulations and apply them only to single-family detached units.  This would reduce the complexity of having to regulate attached single-family units.  This option would still require a variation of roof style for dwelling units that back up to a roadway.  Staff also recommends Council consider adding an option for a developer to plant evergreen trees within the streetscape to an opaque standard in lieu of varying the roof style.  This approach should eventually hide the like-roof styles from roadway views.

 

Option 3: Take no action to change the LDO to address anti-monotony and garagescapes at this time.

 

Fiscal Impact:  Additional staff time will be involved with implementing these additional regulations.

 

Staff Recommendation:  Staff recommends that Council approve one of the three options listed above.

 


 

 

Item #6

8.5         Single Family Residential Design Guidelines

 

8.5.1      Anti-Monotony

 

(A)         Purpose

 

The purpose of this section is to create aesthetic guidelines for single-family developments in order to facilitate varying façade features and foster diverse neighborhood development.

 

(B)         After the effective date of this Section, the Town Department responsible for issuing building permits shall not, except as otherwise provided in Subsection (C)(2), issue any building permits for any residential structure, if the plans and specifications do not meet the design minimums specified in this Section:

 

(C)         Applicability

 

(1)         These standards apply to all single-family homes unless exempted as follows:

 

(2)         A dwelling unit is exempt from these standards if:

 

(a)         A building permit was issued, or an application for building permit was submitted, prior to January 24, 2008.

 

(b)         The lot is located within an approved single-family subdivision and platted prior to January 24, 2008.

 

(c)         The dwelling unit qualifies as affordable housing as defined in the Affordable Housing Plan, which is part of the Town of Cary Comprehensive Plan.

 

(d)         The dwelling unit exists on a lot equal to or greater in size than permitted in the Residential-20 (R-20) zoning designation.

 

(D)         Review Criteria

 

(1)         As the dwelling unit is viewed from the front or rear facing a street, the dwelling unit’s roof line shall not be repeated by another dwelling unit more frequently than two (2) dwelling units on either side of the subject dwelling unit.

 

(2)         No dwelling unit shall be located within two (2) dwelling units of a similar dwelling unit, or directly across the street from a similar dwelling unit (existing or future) unless there is a break in the dwelling unit repetition, such as a street, connected open space corridor at least twenty (20) feet wide, a multi-purpose trail at least ten (10) feet wide, or a non-residential building between two (2) dwelling units.

 

(3)         Dwelling units shall be considered similar if they do not meet the criteria described below. The following criteria shall be examined when determining whether dwelling units vary in aesthetic appearance:

 

(a)         Minimum number of dwelling units that vary in aesthetic appearance based on the total number of units in the development

 

1.           A minimum of three (3) dwelling units for a development of between ten (10) and forty (40) units.

 

2.           A minimum of four (4) dwelling units for a development of more than forty (40) units.

 

(b)         Dwelling units shall demonstrate a minimum of two (2) of the following methods used to vary unit facades so as not be deemed identical models.

 

1.           Number of stories

 

2.           Window type and location including, but not limited to, casement, awning, hopper, slider, single and double hung, fixed, ribbon, bay, box bay, circle bay, label mold, Palladian, hood mold, or paired.

 

3.           Door type and location including, but not limited to, single panel, double panel, six panel, legend, battered, braced, or framed.

 

4.           Siding material including, but not limited to, aluminum, plank, vinyl, wood, stucco, brick, clapboard, shingles, shakes, stone, or veneer.

 

5.           Entry treatments, including, but not limited to porches, stoops, turrets, or columns.

 

6.           Roof type, shape and height including, but not limited to, cross gabled, front gabled, gambrel, hipped, mansard, pavilion-hipped, side-gabled, or salt box.

 

7.           Building footprint including, but not limited to, square, rectangular, or barbell.

 

8.           Garage entry and location including, but not limited to, front, side, or back.

 

9.           Architectural style or different models including, but not limited to, Early American, Colonial, or Victorian.

 

10.         Color

 

(E)         Review Process

 

(1)         Development Plan and Plat Approval

 

The applicant shall place a note on the development plan and final plat demonstrating compliance with this Section. The note shall state:

 

No building permit shall be issued for any single-family dwelling unit unless sufficient information is provided as part of the building permit application demonstrating compliance with Section 8.5.1, Anti-Monotony.

 

(2)         Building Permit Approval

 

When applying for a building permit for a new dwelling unit on any lot within a development, unless exempt under Subsection (C)(2) above, the applicant shall submit the following information to the Town Department responsible for issuing building permits:

 

(a)         A copy of the approved and signed plat with the required note of compliance

 

(b)         A portion of the approved subdivision plat which shows the proposed dwelling unit and all dwelling units within two (2) dwelling units on either side and across the street from the dwelling unit, identifying the proposed dwelling unit numbers and elevations or photograph (if existing) or alternatively, a notarized affidavit of compliance of single family design guidelines. The notarized affidavit shall be submitted on a Planning Department form.

 

(3)         The Department responsible for issuing building permits shall review the proposed permit for compliance with the approved plat. Only building permit applications that comply with the approved residential design plan may be approved.

 

(F)         Appeal Process

 

If a building permit is denied based on the failure of a single-family dwelling unit to meet the design minimums set forth in this Section, the aggrieved applicant may appeal to the Director of Inspections and Permits.

 

 

 

8.5.2      Garagescapes

 

(A)         Purpose

 

The purpose of these standards is to maintain the convenience of single family dwelling unit garages without taking away from the architectural and aesthetic appeal of the dwelling unit or the residential neighborhood.

 

(B)         After the effective date of this Section, the Town Department responsible for issuing building permits shall not, except as otherwise provided in Subsection (C)(2), issue any building permits for any dwelling unit if the plans and specifications for the dwelling unit do not meet the design minimums specified in this Section:

 

(C)         Applicability

 

(1)         These standards apply to all single-family dwelling units unless exempted as follows:

 

(2)         A dwelling unit is exempt from these standards if:

 

(a)         A building permit was issued, or an application for building permit was submitted, prior to January 24, 2008.

 

(b)         The dwelling unit is located within an approved single-family development and platted prior to January 24, 2008.

 

(c)         The dwelling unit qualifies as affordable housing as defined in the Affordable Housing Plan, which is part of the Town of Cary Comprehensive Plan.

 

(d)         The dwelling unit is set back from the road and the view of the dwelling unit is substantially blocked by evergreen species of vegetation to the point where the garage is unable to be viewed from the roadway.

 

(D)         Review Criteria

 

(1)         As viewed from the front of the dwelling unit, the garage shall not be the dominating feature.

 

(2)         All single-family dwelling units which are not exempted in Section (C)(2) above, shall incorporate a minimum of one (1) of the following options to ensure the garage is not the dominating feature of the dwelling unit:

 

(a)         No more than fifty percent (50%) of the front house façade of a dwelling unit shall be made up of the front side of the garage

 

(b)         Aesthetic characteristics of the front side of the garages shall be varied by adding architectural features, including but not limited to trellises, roof forms, balconies, or windows, directly above the garage door to minimize aesthetic impact of the garage facade.

 

(c)         Garages shall be recessed a minimum of two (2) feet from the primary façade, including, but not limited to porches, stoops, etc.

 

(E)         Review Process

 

(1)         Development Plan and Plat Approval

 

The applicant shall place a note on the development plan and final plat demonstrating compliance with this Section. The note shall state:

 

No building permit shall be issued for any single-family dwelling unit unless sufficient information is provided as a part of the building permit application demonstrating compliance with Section 8.5.2, Garagescapes.

 

(2)         Building Permit Approval

 

When applying for a building permit for a new dwelling unit on any lot within a development, unless deemed exempt in Subsection (C)(2), above, the applicant shall submit the following information to the Town Department responsible for issuing building permits:

 

(a)         A copy of the approved and signed plat with the required note of compliance.

 

(b)         A building elevation depicting compliance with this Section or alternatively, a notarized affidavit of compliance of single-family design guidelines. The notarized affidavit shall be submitted on a Planning Department form.

 

(c)         A footprint of the different dwelling units if item 8.5.2 (D)(2)(c) is being used or alternatively, a notarized affidavit of compliance of single-family design guidelines. The notarized affidavit shall be submitted on a Planning Department form.

 

(3)         The Department responsible for issuing building permits shall review the proposed permit for compliance with the approved plat. Only applications for building permits that comply with the dwelling unit design minimums shall be approved.

 

(F)         Appeal Process

 

If a building permit is denied based on the failure of a dwelling unit to meet the design minimums set forth in this Section, the aggrieved owner may appeal to the Director of Inspections and Permits.