AGENDA #14a
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Restrictions on Development of the Scarlette Drive Property and Related Issues
DATE: January 10, 2000
The purpose of this memorandum is to: (1) review with the Council the outcome of a community meeting held with the residents of the Scarlette Drive neighborhood; and (2) to propose for the Council’s consideration restrictive covenants that would regulate the use of the Scarlette Drive property.
Three residents of the Scarlette Drive neighborhood attended the community meeting held on November 10, 1999, at the Chapel Hill Library. In addition to Town staff, also present were Keith Cook, Chair of the Orange Community Housing Corporation Board of Directors, Robert Dowling, Executive Director of the Orange Community Housing Corporation, and Alison Weiner, Chair of the Community Land Trust in Orange County Board. Mark Royster of Central Carolina Bank facilitated the meeting.
Restrictive Covenants
At the meeting, the staff presented a list of the types of restrictive covenants for discussion. Based on comments received from the neighbors at the meeting, the suggested covenants were modified, and agreed upon by the meeting participants (Please see Attachment 1). The neighbors present felt that the list of covenants addressed their concerns about the development of the townhomes. We believe that the recommended covenants would help provide that the property would be well maintained.
If the Council approves the list of restrictive covenants, we would file the covenants with the Orange County Register of Deeds prior to the transfer of the land so that the owner of the property would be required to abide by the covenants. The use of the land would be subject to these conditions and run with the title to the property and would be effective to the extent and as long as provided by law. We would also enter into a Performance Agreement with the Orange Community Housing Corporation and the Community Land Trust in Orange County so that the restrictions would be incorporated into the Scarlette Drive Homeowner’s Association documents.
At the neighborhood meeting, the residents present and representatives from the Orange Community Housing Corporation and the Land Trust requested that the Town consider installing a four-way stop at the corner of Scarlette Drive and Legion Road. The Engineering Department would conduct a traffic study to determine if a four-way stop sign is needed at this location.
The Engineering Department is also in the process of studying the neighborhood to determine what type of traffic calming measures and parking restrictions could be implemented to address the concerns raised by the residents. We will report the results of the study to the Council at a later date.
Council Members and residents expressed concern that the project was located close to unsold burial plots in the Memorial Cemetery. To address this concern, on July 7, 1999, the Council adopted a resolution stating that instructs the Manager to make no sales of burial permits for the first row of lots next to the project without coming back to the Council to receive specific approval. In addition, on October 11, 1999, the Council budgeted $15,000 of Community Development funds to construct a brick wall and supplemental plantings on the site. The Council also agreed to consider funding options for fiscal year 2000 – 2001 funds for the construction of a brick wall and planting improvements on adjacent sections of Memorial Cemetery.
At several of the public meetings held by the Council and at the neighborhood meeting, residents of the Scarlette Drive neighborhood expressed the need to extend the sidewalk north on Scarlette Drive from the edge of the property to 15-501. On July 7, 1999, the Council authorized building a sidewalk with curb and gutter on Scarlette Drive from the edge of the property to Highway 15-501.
That the Council adopt the attached resolution approving restrictive covenants to be recorded with the Orange County Register of Deeds prior to the transfer of the property regulating the use of the Scarlette Drive property and incorporating enforcement of the covenants into a Performance Agreement with the Orange Community Housing Corporation and the Community Land Trust in Orange County.
A RESOLUTION ADOPTING RESTRICTIVE COVENANTS REGULATING THE USE OF THE SCARLETTE DRIVE PROPERTY (2000-01-10/R-24)
WHEREAS, on July 7, 1999, the Council adopted a resolution requesting that the Town and the Orange Community Housing Corporation work together to involve the neighbors of the Scarlette Drive neighborhood in planning for restrictions of the Scarlette Drive Townhomes; and
WHEREAS, a neighborhood meeting was held on November 10, 1999 to plan restrictive covenants for the use of the Scarlette Drive property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill adopts the following restrictive covenants to be recorded with the Orange County Register of Deeds regulating the use of the Scarlette Drive property prior to the transfer of the Scarlette Drive property:
1. Use of Property – The property is required to be used as the owner’s primary residence. The property may not be rented.
2. Nuisance or Offensive Activity – Obnoxious or offensive activity is prohibited on the property. Anything that may be or become a nuisance or annoyance to the neighborhood is also prohibited.
3. Storage of Recreational or Inoperable Vehicles – Mobile homes or vehicles that are inoperable may not be stored on the property. Also, travel trailers or recreational vehicles may not be used as a residence either temporarily or permanently on the property. Commercial vehicles are not permitted to park regularly or continuously on the property.
4. Maintenance –No trash, rubbish, stored materials or similarly unsightly items is allowed to remain on the property outside of an enclosed structure (excluding temporary deposits of trash, rubbish and other items for pickup by the Town).
5. Signs – The only permitted signs are those advertising that the property is for sale, or to identify an area as a “sight easement” or “common area”.
6. Items that would require approval from the Land Trust Board – Examples of items that will require prior approval from the Land Trust Board to review the location, style, type, size and composition include: antennae; aerials; solar collectors or similar structures; fuel tanks or any similar type of storage receptacle; temporary structures such as a shed; mailboxes or newspaper containers.
7. Animals –Animals, livestock or poultry are prohibited from being raised, bred or kept on the property. Families are permitted to keep dogs, cats and other indoor pets, but not for any commercial purposes. The Board of the Land Trust is responsible for seeing that the pets would not create a nuisance such as by noise, odor, damage or destruction of the property.
8. Permanent Outdoor Structures – Permanent clotheslines, tree houses, play houses, swing sets and other play equipment, yard decorations, refuse receptacles, air conditioning and other mechanical equipment are required to be concealed behind screening approved by the Land Trust Board or to be integrated into the design of the building so they are inconspicuous.
BE IT FUTHER RESOLVED that the Council authorizes the Manager to incorporate enforcement of the restrictive covenants into a Performance Agreement to be developed with the Orange Community Housing Corporation and the Community Land Trust in Orange County:
This the 10th day of January, 2000.
ATTACHMENT 1
Recommended Restrictive Covenants
1. Use of Property – This provision would require that the property be used as the owner’s primary residence. The property could not be rented.
2. Nuisance or Offensive Activity – This provision would prohibit obnoxious or offensive activity to take place on the property. It would also prohibit anything that may be or become a nuisance or annoyance to the neighborhood.
3. Storage of Recreational or Inoperable Vehicles – This stipulation would not allow the storage of mobile homes or vehicles that are inoperable on the property. Also, travel trailers or recreational vehicles could not be used as a residence either temporarily or permanently on the property. Commercial vehicles would also not be permitted to park regularly or continuously on the property.
4. Maintenance – This requirement would state that no trash, rubbish, stored materials or similarly unsightly items would be allowed to remain on the property outside of an enclosed structure (excluding temporary deposits of trash, rubbish and other items for pickup by the Town).
5. Signs – Under this provision, the only permitted signs would be those advertising that the property is for sale, or for signs to identify an area as a “sight easement” or “common area”.
6. Items that would require approval from the Land Trust Board – Examples of items that would require prior approval from the Land Trust Board to review the location, style, type, size and composition could include: antennae; aerials; solar collectors or similar structures; fuel tanks or any similar type of storage receptacle; temporary structures such as a shed; mailboxes or newspaper containers.
7. Animals – This regulation would prohibit animals, livestock or poultry from being raised, bred or kept on the property. Families would be permitted to keep dogs, cats and other indoor pets, but not for any commercial purposes. The Board of the Land Trust would be responsible for seeing that the pets would not create a nuisance such as by noise, odor, damage or destruction of the property.
8. Permanent Outdoor Structures – This regulation could require that clotheslines, tree houses, play houses, swing sets and other play equipment, yard decorations, refuse receptacles, air conditioning and other mechanical equipment to be concealed behind screening approved by the Land Trust Board or to be integrated into the design of the building so they are inconspicuous.