During the public hearing on this item, concerns were expressed by the Council and members of the public on three primary issues:

1. The possibility that the proposed amendments would have the negative consequence of increasing densities in peripheral or outlying areas
2. The removal of minimum lot sizes would diminish the potential for open space
3. The desirability of removing the minimum lot size provisions for single family homes in the RM, DR, and R-MF-8 & 12 districts as well

Based upon these concerns, the Staff has made substantial modifications to the staff report for these amendments, as well as one minor adjustment to the proposed amendment language.

No concerns were expressed regarding the proposed changes to the setbacks or building spacing provisions during the public hearing; thus these items have remained unchanged from the text presented during the public hearing.

Possibility of Increasing Density in Outlying or Peripheral Areas

There was concern expressed that the removal of minimum lot size requirements for certain types of allowable residential structures in the Residential Mixed (RM) and Residential Multi-family 8 & 12 (R-MF-8 & R-MF-12) districts could lead to undesirable density increases in peripheral areas (areas far removed from the Town Center).

The provisions affecting the allowable densities in these three districts have not been changed by this code amendment. In other words, these proposed amendments seek to maintain the currently allowable maximum densities for the districts under consideration.

There was concern that allowing minimum lot sizes to be reduced (since no minimum would be required) would allow additional dwelling units to be constructed than what may be allowable under the current provisions. The reasoning here is that even though a parcel may have an allowable maximum density of 8 units per acre, various other code requirements (like the requirement for a minimum lot size) combine to limit the available density to less than that allowable in the district.

It is true that in some cases, the reduction of minimum lot sizes may allow the capture of additional units on isolated parcels; however, the amount of units which could be built could not exceed the density currently allowed under today’s provisions. This ordinance amendment does not increase the allowable density, though it may increase the available density in some cases.

In the past, the requirement for minimum lot sizes has not necessarily prevented the construction of dwelling units, but instead has lead to the need to plat fee simple lots into parking areas or common open space in order to meet the lot size requirements. Further, the requirement for a minimum lot size lacks the flexibility needed to respond to toady’s market conditions where homeowners are seeking less private open space in favor of more common open space.

Research on areas zoned Residential Mixed and Residential Multi-family has indicated that there are parcels or groups of parcels which have these zoning designations, and are located more than 1,000 feet from the Maynard Loop, but the vast majority of these parcels are either developed, subject to conditional use zoning, or subject to PUD master plans which control the allowable densities.

For example, there are 28 parcels or groups of parcels with RM zoning within the Town’s jurisdiction. 14 of these 28 are conditional use parcels or groups of parcels. 5 of the remaining parcel groups zoned RM general use are inside the Maynard Loop, and 4 of the general use areas outside the Maynard Loop are already constructed at their maximum density.

As a result of the current configurations, there is little possibility of vastly increased available densities in the RM and R-MF districts located outside the Town Center.

A second concern involved the possibility that maximizing the available density through removal of minimum lot sizes could yield additional dwelling units, thus allowing the development of land which would have otherwise been left as open space.

The intent of these ordinance amendments was actually to increase the possibilities for the provision of open space by removing requirements that a minimum amount of land had to be retained as private fee simple land associated with an individual dwelling unit. The removal of minimum lot sizes would allow a developer to create smaller individual parcels, thereby creating greater potential for common open space within a development.

In fact, the construction of additional dwelling units (made possible through the reduction of minimum lot sizes) would actually create additional open space since a developer is required to provide at least 500 square feet of open space per dwelling unit according to Section 15.2.2 of the UDO.

The ability to prevent platting in common areas, the requirements for increased open space provided on a per unit basis, along with greater flexibility to locate dwelling units should combine to create more open space in these districts, as opposed to less.

One comment made by a member of the public was that the Council also consider the desirability of removing the minimum lot size requirements for single family homes in these districts in addition to attached, multifamily, and townhouse structures.

The proposed amendments do not address any changes to the single-family homes provisions found in the three districts. However, the amendments do make adjustments to remove the minimum lot sizes for patio home developments. Patio homes are basically single family dwellings which are developed as a group of homes which must provide common open space area as part of the development (while typical single family home developments may not necessarily be required to provide common open space as part of the development). Typically, patio home developments are established on smaller lots so that the common open space can be provided within the tract of land.

Since the proposed amendments have provisions for patio homes, the staff believes that single family dwellings are addressed by these amendments.

This concludes the substantive changes to the staff report, which occurred as a result of concerns expressed during the public hearing. However, based upon the above citizen comment, the staff completed additional research on the minimum lot size provisions for single family homes not constructed as patio homes in the Residential Mixed district.

In recognition of the need for greater flexibility, the staff is proposing an additional minor modification to the Residential Mixed district provisions which would allow a development with single family homes to have an average minimum lot size of 6,000 square feet provided no individual building lot is smaller than 5,000 square feet in size.

REVIEW:

These proposed Unified Development Ordinance (UDO) amendments are designed to provide greater flexibility to the development process for higher density developments in the Residential Mixed (RM), Downtown Residential (DR) and Residential Multi-family 8 & 12 districts (R-MF-8 & R-MF-12). They are also designed to further simplify and clarify the current requirements in these districts through consolidation and the use of tables and graphics.

The proposed revisions are focused on patio dwellings, duplexes, townhouses, and other attached dwellings units, but regulations for traditional single family dwelling developments remain largely unchanged. The proposed UDO revisions remove the language, which treats the various higher-density residential uses differently, and proposes one set of flexible regulations which applies evenly to all such uses. The primary modifications are summarized below:

• Removal of the minimum lot size provisions for patio, attached, townhouse and multifamily developments in the RM, DR, R-MF-8 and R-MF-12 districts. The provisions controlling density have been retained.
  
• Removal of the combined aggregate front yard provisions in favor of building setbacks which are controlled by streetscape buffer widths and/or off-street parking requirements.

• Removal of separate side and rear yard requirements in favor of combined side and rear setbacks based upon the minimum distances needed for landscaping, parking, or building height requirements.

• Clarification about the minimum building separation distances between structures proposed in a single development.

The proposed scheduled for adoption of the ordinance amendment is as follows:

The proposed UDO amendments are attached for review, and changes to the text are presented in the strike-through/underline format where new text is underlined and removed text is stricken.

ORDINANCE 02-

This ordinance amends Chapter 8, Parts 8, 9, 10, and 11 of the Cary Unified Development Ordinance.

(b) Yard requirements contiguous to other residential districts. With respect to any yard which is contiguous to property located in another residential zoning district, unless the buffer required by Table 14.1.5 is provided adjacent to that residential zoning district, that yard shall be no less than the corresponding front, side, or rear yard requirement of the adjacent district and one-half of the buffer required in Table 14.1.5.

(cb) Maximum building height.

(NOTE TO READER: FOR THE SAKE OF BREVITY, THE LANGUAGE IN THIS SECTION IS NOT INCLUDED WITHIN THIS AMENDMENT; ONLY THE SECTION NUMBER HAS CHANGED, THE TEXT ASSOCIATED WITH THIS SECTION HAS NOT CHANGED)

(dc) Detached Single family dwellings:

(1) Average Minimum Lot Area: 6,000 square feet; but in no case shall a lot be smaller than 5,000 square feet in size.

(2) Minimum lot width: 60 feet for each dwelling.

(3) Minimum front yard: The width of the required front yard varies as follows, depending on the type of street on which the lot fronts, and shall be measured from the edge of the street right-of-way:

(i) From thoroughfares, 50 feet.

(ii) From collector streets, 30 feet.

(iii) From all other streets, the front yard and rear yard combined shall amount to a width of at least 40 feet, provided that the front yard shall be no less than 18 feet where parking is provided in the front or 10 feet where parking is not provided in the front. (See Figure 8.8.5. below.)

These requirements also shall apply to all side yards and rear yards which abut a street, except where the side yard requirement or rear yard requirement stated below is greater than the front yard requirement stated above, the greater setback distance shall apply.

(4) Minimum side yards: only one side yard shall be required; however, the side yards combined shall amount to a width of at least 16 feet;

(5) Minimum rear yard:

(i) No rear yard shall be required on a thoroughfare or collector street; however, the front yard and rear yard combined shall amount to a width of at least 40 feet.

(ii) Residential uses on a thoroughfare or collector street: 10 feet.

(6) Maximum building footprint shall be one of the following:

(i) 40 percent, with a 6,000 square foot minimum lot; or

(ii) No maximum building footprint provided that 60% of the total parcel proposed for development is restricted by appropriate covenants and restrictions which ensure that such area remains undeveloped open space.

(ed) Patio dwellings, Duplexes, Subdivided Attached, Semi-Attached and Town House Developments.

(1) Minimum Lot Area: One of either of the two following calculations, whichever provides the least density, provided that no property smaller than (i) below can be developed: Density: 6.0 dwelling units per acre.

(i) 8,000 square feet including common area and the fee simple lots; or

(ii) A gross density of 6.0 dwelling units per acre.

(2) Minimum Lot Area: None.

(23) Minimum lot width: per dwelling unit: 20 feet. None except that duplexes shall maintain a minimum lot width of 50 feet.

(34) Maximum building footprint: same as sub-section 8.8.5(d)(s) above. Minimum Front Setback: The depth of the required front setback varies as indicated in Table 8.8.5 below. The front setback shall be measured from the edge of the public street right-of-way or from the edge of pavement on private streets to the closest point of the closest principal structure.

 

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CHAPTER 8. GENERAL USE DISTRICTS.

(a) Yard requirements contiguous to other residential districts. Any yard which abuts another residential zoning district shall be not less than corresponding front, side, or rear yard requirement of the adjacent district.

(ba) Maximum building height.

(NOTE TO READER: FOR THE SAKE OF BREVITY, THE LANGUAGE IN THIS SECTION IS NOT INCLUDED WITHIN THIS AMENDMENT; ONLY THE SECTION NUMBER HAS CHANGED, THE TEXT ASSOCIATED WITH THIS SECTION HAS NOT CHANGED)

(cb) Detached single family dwellings.

(NOTE TO READER: FOR THE SAKE OF BREVITY, THE LANGUAGE IN THIS SECTION IS NOT INCLUDED WITHIN THIS AMENDMENT; ONLY THE SECTION NUMBER HAS CHANGED, THE TEXT ASSOCIATED WITH THIS SECTION HAS NOT CHANGED)

(dc) Patio dwellings, Duplexes, Subdivided Attached, Semi-Attached, Town House Developments and Multi-Family Dwellings.

(1) Minimum Lot Area: One of either of the two following calculations, whichever provides the least density, provided that no property smaller than (i) below can be developed: Density: 8.0 units per acre.

(i) 7,000 square feet for the first cluster of two dwelling units plus common open space plus an additional 2,000 square feet for each additional dwelling unit; or

(ii) A gross density of 8 dwelling units per acre.

(2) Minimum Lot Area: None.

(23) Minimum Lot Width: 20 feet (25 feet for corner lots for each fee simple building lot) This minimum lot width does not include the required side yards. None except that duplexes and multi-family buildings shall maintain a minimum lot width of 50 feet.

(34) Minimum front yard: 24 feet. Minimum Front Setback: The depth of the required front setback varies as indicated in Table 8.9.5 below. The front setback shall be measured from the edge of the public street right-of-way or from the edge of pavement on private streets to the closest point of the closest principal structure.

(4) Minimum side yard at corner lots: 15 feet. Minimum Side and Rear Setbacks: The depth of the required side and/or rear setbacks varies as indicated in Table 8.9.6 below. When property is adjacent to a street, the setback shall be measured from the edge of the public street right-of-way or from the edge of pavement on private streets to the closest point of the closest principle structure.

(5) Minimum side yard separation between building groupings principal structures within the same project development: 1216 feet.

(6) Minimum interior side yards between buildings: None.

(7) Minimum rear yard: 18 feet.

(8) No maximum building footprint provided that 36% of the total parcel proposed for development is restricted by appropriate covenants and restrictions which ensure that such area remains undeveloped open space.

(e) Duplexes:

(1) Minimum Lot Area: One of either of the two following calculations, whichever provides the least density, provided that no property smaller than (i) below can be developed:

(i) 7,000 square feet; or

(ii) A gross density of 8 dwelling units per acre.

(2) Minimum lot width: 67.5 feet for each dwelling not served by an alley; (72 feet for corner lots). For lots served by an alley 50 feet (55 feet for corner lots).

(3) Minimum front, side and rear yards: same as Section 8.9.5(d)(2) through (4).

(4) No maximum building footprint provided that 36% of the total parcel proposed for development is restricted by appropriate covenants and restrictions which ensure that such area remains undeveloped open space.

(f) Subdivided attached, semi-detached and townhouses:

(1) Minimum Lot Area: One of either of the two following calculations, whichever provides the least density, provided that no property smaller than (i) below can be developed:

(i) 7,000 square feet for the first two dwelling units plus an additional 2,000 square feet for each additional dwelling unit;

(ii) A gross density of 8 dwelling units per acre.

(2) Minimum lot width: 18 feet (24 feet for corner lots) for each dwelling unit.

(3) Minimum front yard: 24 feet.

(4) Minimum side yards: one at 6 feet minimum; one at 12 feet minimum; 15 feet for corner setback.

(5) Minimum rear yard: 18 feet.

(6) No maximum building footprint provided that 36% of the total parcel proposed for development is restricted by appropriate covenants and restrictions which ensure that such area remains undeveloped open space.

(g) Multi-family dwellings:

(1) Minimum Lot Area: One of either of the two following calculations, whichever provides the least density, provided that no property smaller than (i) below can be developed:

(i) 10,000 square feet for each three unit building plus an additional 2,000 square feet for each additional unit per building; 20,000 square feet for each two building development of no more than three units per building, provided that

(ii) A gross density of 8 dwelling units per acre.

(2) Minimum lot width: 67.5 feet for each dwelling not served by an alley (72 feet for corner lots). For lots served by an alley 50 feet (55 feet for corner lots).

(3) Minimum front yard: 24 feet.

(4) Minimum side yards: one at 6 feet minimum; one at 12 feet minimum; 15 feet for corner setback.

(5) Minimum rear yard: 18 feet.

(6) Maximum building footprint: 64%.

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CHAPTER 8. GENERAL USE DISTRICTS.

PART 10. R-MF-8 Multi-Family Residential District.

All uses and structures in the R-MF-8 District shall meet the following development standards, except as otherwise provided by this Ordinance:

(a) Minimum lot area/density.

(1) Residential uses: the total density of each development shall not exceed 8.0 units per acre. (Except for major special uses under Section 8.10.4.)

(2) All other uses: 10,000 square feet.

(b) Minimum lot width.

(1) Subdivided attached, semi-detached, patio dwelling, and townhouse developments: 20 feet.

(2) All other uses: 60 feet (70 feet for corner lots).

(c) Minimum front yard. The width of the required front yard varies as follows, depending on the type of street on which the lot fronts, and shall be measured from the edge of the street right-of-way:. Minimum front setback. The depth of the required front setback varies as indicated in Table 8.10.5 below. The front setback shall be measured from the edge of the public street right-of-way or from the edge of pavement on private streets to the closest point of the closest principal structure.

(1) Non-residential: 10 feet, plus an additional four feet for each full story of building height over two stories.

(2) Residential:

(i) Between building groupings 16 feet, divided between both side yards.

(ii) Between buildings: 0

(e) Minimum rear yard. 20 feet for non-residential uses; 40 feet, split in any way between front and rear yards for residential uses. separation between principal structures within the same development. 16 feet.

(f) Yard requirements contiguous to other residential districts. With respect to any yard which is contiguous to property located in another residential zoning district, unless the buffer required by Table 14.1.5 is provided adjacent to that residential zoning district, that yard shall be no less than the corresponding front, side, or rear yard requirement of the adjacent district and one-half of the buffer required in Table 14.1.5.

(gf) Maximum building footprint.

(1) Residential uses:

(i) 40 percent with a minimum lot size of 2,000 square feet, or

(ii) No maximum building footprint provided that 60% of the total parcel proposed for development is restricted by appropriate covenants and restrictions which ensure that such area remains undeveloped open space.

(2) All other uses: 30 percent.

(hg) Maximum building height.

(NOTE TO READER: FOR THE SAKE OF BREVITY, THE LANGUAGE IN THIS SECTION IS NOT INCLUDED WITHIN THIS AMENDMENT; ONLY THE SECTION NUMBER HAS CHANGED, THE TEXT ASSOCIATED WITH THIS SECTION HAS NOT CHANGED)

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PART 11. R-MF-12 Multi-Family Residential District.

 

All uses and structures in the R-MF-12 District shall meet the following development standards, except as otherwise provided by this Ordinance:

(a) Minimum lot area/density.

(1) Residential uses: the total density for each development shall not exceed 12 units per gross acre. (Except for major special uses under Section 8.11.4.)

(2) All other uses: 10,000 square feet.

(b) Minimum lot width.

(1) Subdivided attached, semi-detached, patio dwelling, and townhouse developments: 20 feet.

(2) All other uses: 60 feet (70 feet for corner lots).

(c) Minimum front yard. The width of the required front yard varies as follows, depending on the type of street on which the lot fronts, and shall be measured from the edge of the street right-of-way: Minimum front setback. The depth of the required front setback varies as indicated in Table 8.11.5 below. The front setback shall be measured from the edge of the public street right-of-way or from the edge of pavement on private streets to the closest point of the closest principal structure.

(d) Minimum side yards and rear setbacks. The depth of the required side and/or rear setbacks varies as indicated in Table 8.11.6 below. When property is adjacent to a street, the setback shall be measured from the edge of the public street right-of-way or from the edge of pavement on private streets to the closest point of the closest principle structure.

(1) Non-residential: 10 feet, plus an additional four feet for each full story of building height over two stories.

(2) Residential:

(i) Between building groupings 16 feet, divided between both side yards.

(ii) Between buildings: 0

(e) Minimum rear yard. 20 feet for non-residential uses; 40 feet, split in any way between front and rear yards for residential uses separation between principal structures within the same development. 16 feet.

(f) Yard requirements contiguous to other residential districts. With respect to any yard which is contiguous to property located in another residential zoning district, unless the buffer required by Table 14.1.5 is provided adjacent to that residential zoning district, that yard shall be no less than the corresponding front, side, or rear yard requirement of the adjacent district and one-half of the buffer required in Table 14.1.5.

(gf) Maximum building footprint.

(1) Residential uses:

(i) 40 percent with a minimum lot size of 2,000 square feet, or

(ii)No maximum building footprint provided that 60% of the total parcel proposed for development is restricted by appropriate covenants and restrictions which ensure that such area remains undeveloped open space.

(2) All other uses: 30 percent.

(hg) Maximum building height.

(NOTE TO READER: FOR THE SAKE OF BREVITY, THE LANGUAGE IN THIS SECTION IS NOT INCLUDED WITHIN THIS AMENDMENT; ONLY THE SECTION NUMBER HAS CHANGED, THE TEXT ASSOCIATED WITH THIS SECTION HAS NOT CHANGED)