AGENDA #5g
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petition from Mr. Eric Chupp regarding Franklin Grove Development
DATE: November 8, 2004
This memorandum responds to a petition from Mr. Eric Chupp that was presented to the Council on October 27, 2004, and referred to the Town Manager for comment. The petition includes two requests:
We recommend that the Council take no action.
If the Council decides to grant the requests, adoption of the attached Resolution A would place the Franklin Grove Concept Plan on the November 15 Public Hearing. Adoption of the attached Resolution B would grant expedited processing of the Franklin Grove Development Special Use Permit Modification application.
As requested by a Council member, this memorandum also provides information about the affordable housing units offered during the 1999 Special Use Permit consideration of the Franklin Grove Development.
DISCUSSION
The petition, presented at the October 27 meeting, made two specific requests:
Request that the Franklin Grove Concept Plan be scheduled for the November 15 Public Hearing: On October 27, the Town Council adopted a resolution calling a Public Hearing for November 15 to consider adjusting rounding for Affordable Housing calculations in the Land Use Management Ordinance. In the memorandum, a copy of which was provided to the petitioner in advance of the meeting, we advised the Council of items already scheduled for the November 15, Public Hearing. Given the Council’s interest in revisiting these affordable housing requirements, we recommended that an item already scheduled for November 15 be delayed. The Council adjusted the schedule and called the hearing for the Land Use Management Ordinance text amendment. The November 15 Public Hearing currently includes these five items:
November 15 Public Hearing
The Concept Plan for the Franklin Grove Development proposing to modify a Special Use Permit to allow additional floor area in the development, for attics to be finished and become usable floor area, was delayed until the January Public Hearing.
As part of the petition, the applicant is requesting that Franklin Grove Development be placed again on the November 15 agenda.
Request for expedited processing of the Franklin Grove Development Special Use Permit Modification: The petition also requests expedited processing of the Franklin Grove Development Special Use Permit Modification. The Franklin Grove Development application proposed to adjust the allowable floor area in the development to allow attics to be finished and become usable floor area.
We follow Council-endorsed criteria listed below in making recommendations to Council on request for expedited processing:
Several development applications are currently working toward being placed on the Council’s Public Hearing schedule. The impact of granting expedited processing for the Franklin Grove Development is that one less space would be available on the Council’s schedule for which other applications are competing.
We do not believe that the proposal meets the objectives for public purpose in the three criteria above for granting expedited processing status. We do not recommend that the Council grant Expedited Processing Status for the Franklin Grove Development.
Projects that have been granted expedited processing are identified in Attachment 2.
INFORMATION ABOUT THE AFFORDABLE HOUSING UNITS
A Council member asked for information about the condition of the affordable housing units at the development. Stipulations from the 1999 Council approval of the Franklin Grove Special Use Permit required the following:
Renovation of Milton Avenue Homes: That the applicant will renovate four (4) homes on Milton Avenue to standards agreed upon by the applicant and Orange Community Housing Corporation (OCHC), and approved by the Town Manager.
Sale of Milton Avenue Homes: That the applicant will sell the four renovated properties to the Community Land Trust in Orange County for $118,000 each, and will finance the sale of these properties for 90 days after sale.
A copy of the Special Use Permit is attached. We have asked Mr. Robert Dowling, of Orange Community Housing and Land Trust, to provide us with information about the Milton Avenue dwelling units. A copy of a letter from Mr. Dowling is attached.
RECOMMENDATION
We recommend no action on the petition requests.
If the Council desires, adoption of Resolution A would place the Concept Plan on the November 15 agenda and requests that the applicant come to the meeting prepared to discuss the Milton Avenue affordable housing units that were sold to Orange Community Housing and Land Trust. Adoption of Resolution B would grant expedited processing of the development application.
ATTACHMENT
RESOLUTION A
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR FRANKLIN GROVE DEVELOPMENT (2004-11-08/R-9a)
WHEREAS, the Town of Chapel Hill has received a petition for Franklin Grove Development requesting expedited processing of a Special Use Permit Modification application seeking adjustments to allowable floor area; and
WHEREAS, the Town Council finds that there is a significant public purpose associated with development of this application;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of a Special Use Permit Modification application for Franklin Grove Development in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 8th day of November, 2004.
RESOLUTION B
A RESOLUTION ADJUSTING THE PUBLIC HEARING SCHEDULE FOR NOVEMBER 15, 2004 TO INCLUDE THE FRANKLIN GROVE DEVELOPMENT CONCEPT PLAN (2004-11-08/R-9b)
WHEREAS, the Town of Chapel Hill has received a petition for Franklin Grove Development requesting that the Franklin Grove Development Special Use Permit Modification Concept Plan be placed back on the November 15, 2004 Public hearing; and
WHEREAS, the Town Council finds that it would be desirable to adjust the Public Hearing schedule;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to place the Franklin Grove Development Concept Plan on the November 15, 2004 public hearing agenda.
BE IT FURTHER RESOLVED by the Town Council that the Franklin Grove developer is asked to provide, at the November 15, 2004 meeting, further information about the conditions of the Milton Avenue dwelling units sold to Orange Community Housing and Land Trust.
This the 8th day of November, 2004.