AGENDA #8

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:      Land Use Management Ordinance Text Amendment – Modification to the Definition of a Residential Support Facility

 

DATE:            November 9, 2005

 

 

PURPOSE

 

The enactment of the attached Ordinance A would amend the Land Use Management Ordinance definition of a Residential Support Facility to allow for an occupancy level not to exceed forty (40) families.

 

BACKGROUND

 

On May 10, 2005, the Town received a text amendment application from Mr. David H. Clinton, of MHAworks, to modify the Land Use Management Ordinance definition of a Residential Support Facility in order to allow the Family House to offer accommodations to forty (40) families instead of thirty (30).

 

On October 19, 2005, the Council held a Public Hearing to receive comments on the proposed amendments to the Land Use Management Ordinance.  A copy of the October 19 memorandum is attached.

 

ISSUES RAISED

 

There were no issues raised during the October 19 Public Hearing regarding the proposed Land Use Management Text Amendment to change the definition of a Residential Use Facility.

 

RECOMMENDATIONS

 

Planning Board Recommendation: On October 18, 2005, the Planning Board voted 7-0 to recommend enactment of the attached Ordinance A.  Please refer to the attached Summary of Planning Board Action.

 

Manager’s  Recommendation: We recommend that the Council enact Ordinance A to amend the Land Use Management Ordinance definition of a Residential Support Facility to allow for an occupancy level not to exceed forty (40) families, without stipulations.

 

Ordinance B would allow an exception to the occupancy level of thirty (30) families with stipulations regarding a property’s location, land area and floor area ratio.

 

ATTACHMENTS

 

  1. October 18, 2005 Summary of Planning Board Action (p. 5).
  2. October 19, 2005 Public Hearing Memorandum and its related attachments (p. 6).

ORDINANCE A

Manager and Planning Board Recommendation

 

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE DEFINITION OF A RESIDENTIAL SUPPORT FACILITY (2005-11-09/O-5a)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance regarding modification to the definition of a Residential Support Facility and finds that the amendments are warranted in order to achieve the purposes of the Comprehensive Plan including provisions of Community Services;

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1.  That the Chapel Hill Land Use Management Ordinance definition of a Residential Support Facility is hereby revised to read as follows:

 

“A building or group of buildings owned or operated by a nonprofit organization intended to be used solely for temporary occupancy by family members of patients being treated at a local hospital, with occupancy not to exceed thirty (30) forty (40) families.”

 

Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

Section 3.  That these amendments shall become effective upon adoption.

 

This the 9th day of November, 2005.

ORDINANCE B

 

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE DEFINITION OF A RESIDENTIAL SUPPORT FACILITY (2005-11-09/O-5b)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance regarding modification to the definition of a Residential Support Facility and finds that the amendments are warranted in order to achieve the purposes of the Comprehensive Plan including provisions of Community Services;

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1.  That the Chapel Hill Land Use Management Ordinance definition of a Residential Support Facility is hereby revised to read as follows:

 

“A building or group of buildings owned or operated by a nonprofit organization intended to be used solely for temporary occupancy by family members of patients being treated at a local hospital, with occupancy not to exceed thirty (30) families.  The occupancy may be raised to forty (40) families when a facility abuts the property of another like facility and has a minimum of 50% more land than the minimum lot size allowed by the Maximum Floor Area Ratio for the designated Zoning District.”

 

Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

Section 3.  That these amendments shall become effective upon adoption.

 

This the 9th day of November, 2005.