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Attached is the draft of the text change proposing to revise the regulations associated with front yard
parking for single family detached dwellings. Also attached is the text proposed by Councilor Crowder at
the Budget and Economic Development Committee on January 27, 2009. The draft of the proposal
reflects Councilor Crowder’s proposal with the following deviations:
• Incorporates the additional language proposed by the Mayor at the BED meeting; prohibiting parking
from locating in front of the primary entrance and requiring shrubs to be a minimum of 36 inches tall
within 2 years of planting; and
• Increases the allowable parking area from 300 square feet to 330 square feet. This more closely
reflects the sum of two (2) standard parking bays; and
• Although Councilor Crowder’s draft did not specifically address a retrofit requirement for front yards
rendered noncompliant by his proposal, his text provides some exceptions for existing situations. This
suggests that retrofit compliance for all other front yard violations would be required. Therefore,
staff’s draft has included a one-year amortization period for compliance; and
• Revises the effective date from January 1, 2009 to October 1, 2009.
When administration was directed to draft this text change at the February 3, 2009 City Council meeting,
the Mayor recommended that the City Council review the draft prior to setting the public hearing.
Although the Department of City Planning has not had the time to complete an impact analysis on this
proposal, I offer the following concerns for the City Council to consider prior to authorizing a public
hearing on the text change:
• The ability of cul-de-sac lots with small front yard areas to comply with these regulations (i.e. 40%
limitation and prohibition of parking from being located between the primary entrance and the street.
• Dictating design outcomes in the historic overlay districts and for historic landmarks. The historic
development standards of 10-2052(e)(4) are adequate with regard to front yard parking. The historic
www.raleigh.nc.gov/planning
development standards ensure that any new parking will fit with the special character of the district or
landmark; imposing the proposed requirements could result in designs that conflict with the historic
character. Elsewhere in the code is language that physical standards (height, yard area, curbs, curb cuts,
driveways, sidewalks, etc.) are superseded by the historic development standards; this is a significant
change in that policy, and it may lead to problems.
• Crime Prevention Through Environmental Design (CPTED) principles caution the use of landscaping at
locations that may provide cover for an intruder and put the homeowner at risk, particularly in
neighborhoods where public safety is a concern. CPTED principles encourage “natural access control”
which is the physical guidance of people coming and going from a space by judicial placement of
entrances, exits, signs, landscaping and lighting. 1 Another CPTED principle is “natural surveillance,”
which is a design concept intended to make intruders observable. Natural surveillance is promoted by
features that maximize visibility of people, parking areas and building entrances. 2 Policy CS 26 and
Actions CS 16 and 17 in the Draft Comprehensive relate to CPTED (see attached).
• Costs to individual homeowners for retrofit (i.e. removal of paved areas in excess of 40% of the front
yard area, required plantings to screen parking facing a side property line, installing stone w/
permanently secured borders).
• Insufficient staff and resources to comprehensively bring all properties into retrofit compliance.
Enforcement would simply defer to a complaint basis.
Please contact me if you have any questions or if additional information is needed. Staff will be prepared to
provide a summary and graphic presentation of the proposal to the City Council.
1
SafeScape: Creating Safer, More Livable Communities Through Planning and Design, Al Zelinka and Dean Brennan.
2
Planning and Urban Design Standards, Wiley Graphic Standards.
2
5/8/09
ORDINANCE NO. (2009) TC TC- -09
“c. Marking single family detached dwelling parking spaces located within
the front yard area.
Vehicular surface areas located within the front yard area of a single
family detached dwelling constructed after October 1, 2009 shall be
constructed of permanent, nonerodible surface treatment limited to
masonry, concrete or asphalt, or, constructed with a minimum depth of
four (4) inches of crushed stone or crush and run. The borders of the
vehicular surface area shall be delineated with man-made or natural
landscape materials such that the vehicular surface area is clearly
defined and helps to contain the crushed stone or crush and run.
1
“(4) Landscape requirements.
1. The linear depth of the front yard area multiplied by twelve (12) feet
plus three hundred and thirty (330) square feet or forty (40) per cent
of the front yard area, whichever is less.
2
Except for circular drives, vehicular surface areas located within the front
yard area of a single family detached dwelling shall not be located in
front of the dwelling’s primary entrance.
When vehicular surface areas are located in the front yard area and
parking is designed to be predominantly perpendicular to the side yard
lot line, a continuous berm or row of evergreen shrubs shall be provided
adjacent to the vehicular surface area edge predominately parallel to the
side yard lot line and the street right-of-way. In lieu of planting the row of
evergreen shrubs adjacent to the vehicular surface area edge, a row of
evergreen shrubs may be planted along the side yard lot line. Berms
shall have a minimum height of one and one-half (1 1/2) feet and a
minimum crown width of two (2) feet and a side slope of no greater than
two-to-one (2:1), and shall be planted and covered with live vegetation.
Evergreen shrubs installed to satisfy the requirements of this subsection
shall be a locally adapted species expected to reach a minimum height
of thirty-six (36) inches and a minimum spread of thirty-six (36) inches
within two (2) years of planting. All shrubs shall be a minimum twenty-
four (24) inches tall when planted. Live vegetation planted on berms
may be forty (40) percent deciduous and may have a lesser mature
height provided that the combined height of the berm and the plantings
after two (2) years are at least thirty-six (36) inches high.
All vehicular surface areas located within the front yard area of single
family detached dwellings which do not comply with §10-2081(b)(3)c.
and §10-2081(b)(4) shall be discontinued and removed or made
conforming (amortized) by October 1, 2010. All such vehicular surface
areas in violation of §10-2081(b)(3)c. and §10-2081(b)(4) due to an
extension of areas in which this section is applicable shall be
discontinued and removed or made conforming (amortized) within one
(1) year after the date of such extension.
b. Multi-family dwellings.
Vehicular surface areas located in the minimum front yard area, or the
ten-foot yard setback from the edge of the private street right-of-way or if
no right-of-way exists, the thirty (30) foot yard setback required from a
private street shall not occupy more than one-half (1/2) of the yard area,
unless within underground parking areas.
3
planned residential developments constructed in accordance with Article F
or Master Plans,” to immediate follow the words “satellite dish,”.
Section 6. All laws and clauses of laws in conflict herewith are hereby
repealed to the extent of said conflict.
Section 9. This ordinance has been provided to the North Carolina Capital
Commission as required by law.
ADOPTED:
EFFECTIVE: October 1, 2009
DISTRIBUTION: