AGENDA #11d
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Follow-Up on Report of Possible Changes to Accessory Apartment Provisions of the Land Use Management Ordinance
DATE: May 9, 2005
This memorandum provides a follow-up to a report provided on April 18, 2005 that addressed possible changes to the Accessory Apartment provisions of the Land Use Management Ordinance. We recommend no action.
Community Design Commission Recommended Changes to Regulations for Accessory Apartments
On August 18, 2004, the Community Design Commission recommended changes to regulation of accessory apartments. Specifically, the Commission suggested:
1) that Accessory Apartments (permitted within single-family dwellings in most zoning districts) be limited to 500 square feet of floor area (the current limit is 750 square feet); and
2) that the maximum number of unrelated people who would be permitted to occupy an accessory apartment be reduced from four to two.
These additional changes were not part of the April 18 Public Hearing (discussed in Parts A and B of this agenda item), but are related initiatives that the Council could choose to pursue by calling additional hearings. We recommend no action.
On April 18, we recommended consideration of the Community Design Commission’s idea regarding reducing the maximum number of unrelated people in an Accessory Apartment. We agree with the Planning Board that it would not be desirable to try to lower the maximum size of an Accessory Apartment, but we suggested on April 18 that there may be reason to consider a change in occupancy regulations. Council members indicated, during discussion at the Public Hearing, that they are not interested in pursuing changes to occupancy regulations. Accordingly, we are not recommending changes to the size or occupancy provisions. Based on discussions at the Public Hearing, we believe it is unlikely that a 750 square foot or smaller, accessory apartment would have the maximum four unrelated people.
RECOMMENDATION
Community Design Commission Recommendation: On August 18, 2004, the Community Design Commission voted 10-0 to recommend that the Council amend the Land Use Management Ordinance and the Design Guidelines for duplex dwellings and consider possible changes to accessory apartment provisions. Please see Summary of Community Design Commission Action attached to this report.
Planning Board Recommendation: On March 1, 2005, the Planning Board voted 9-0 to not support the changes proposed by the Community Design Commission to the Accessory Apartment provisions of the regulations. Please refer to the attached Summary of Planning Board Action.
Manager’s Revised Recommendation: Based on discussions at the Public Hearing, we believe it is unlikely that an accessory apartment that is 750 square feet in size or smaller would have the maximum four unrelated people. We recommend no action on the suggested changes to accessory apartments.
If the Council desired to make a change to occupancy provisions, adoption of the attached resolution would schedule a Public Hearing to consider changes to the occupancy restrictions of the Land Use Management Ordinance for accessory apartments.
ATTACHMENTS
The Attachment listed below is attached to Agenda #4a:
A RESOLUTION SCHEDULING A PUBLIC HEARING TO AMEND LAND USE MANAGEMENT ORDINANCE PROVISIONS REGARDING A SINGLE-FAMILY DWELLING UNIT WITH AN ACCESSORY APARTMENT OCCUPANCY LIMITS (2005-05-09/R-16.1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a Public Hearing for September 19, 2005, for the purpose of considering amending Chapel Hill’s Land Use Management Ordinance provisions regarding occupancy limits for a Single-Family Dwelling Unit with an Accessory Apartment.
This the 9th day of May, 2005.