MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Draft Mixed Housing Ordinance
DATE: November 22, 1999
INTRODUCTION
A draft amendment to the Chapel Hill Development Ordinance is attached for the Council’s review. The draft ordinance would establish a new regulation, requiring that a percentage of new homes in a subdivision be below a particular size. If the Council wishes to consider adoption of this ordinance, we would recommend scheduling a Public Hearing in February.
BACKGROUND
The Council has been discussing the topic of whether and how to require a mix of housing types in new residential development. The last meeting where this was discussed was October 11, 1999.
On October 11, we presented a report to the Town Council as requested, summarizing the ideas that had been discussed to date. A copy of the October memorandum is attached here. On October 11, the Council referred the issue to the Town Manager, with direction that the Manager draft an amendment to the Development Ordinance. The draft amendment would require a mix of dwelling unit size in new developments, to be modeled after a recently enacted ordinance in Carrboro. This amendment proposal was to be presented to the Council prior to the end of this calendar year.
DISCUSSION
The October 11 report (attached) includes the recently-enacted Carrboro ordinance. We have taken the Carrboro ordinance and prepared it in a form that could be inserted into Chapel Hill’s Development Ordinance.
The proposal would amend the Development Ordinance to require the following for new subdivisions:
· For major subdivision proposals with 13-20 residential lots, at least 15% of the dwelling units shall contain no more than 1,350 square feet of floor area and an additional 10% of the dwelling units shall contain no more than 1,100 square feet of floor area at the time that the units are initially conveyed.
· For major subdivision proposals with 21 residential lots or more, at least15% of the dwelling units shall contain no more than 1,100 square feet of floor area and an additional 10% of the dwelling units shall contain no more than 1,350 square feet of floor area at the time that the units are initially conveyed.
If the Council wishes to consider adopting this ordinance, the next step would be to call a Public Hearing on the proposal. Because this proposal is an amendment to the Development Ordinance, it would require a Public Hearing with referral to and recommendation by the Planning Board. February 21, 2000 would be the earliest public hearing date that would allow full consideration of the proposal by the Planning Board.
If the Council decides to proceed
now with consideration of an ordinance similar to Carrboro’s, it may do so with
adoption of Resolution A, which would call a Public Hearing on the attached
draft ordinance for February 21, 2000.
We recommended on October 11 that the Council take no action at that time, deferring to the process and recommendations underway as part of the revision of the Town’s Comprehensive Plan. We continue to believe that there would be value in placing this idea in the context of other housing proposals that are being discussed in the update of the Comprehensive Plan.
1. Resolution calling Public Hearing (p.3)
2. Draft Mixed Housing Ordinance (p.4)
3. Copy of 10/11/99 memorandum, with attachments (begin new page 1)
A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGES TO THE
DEVELOPMENT ORDINANCE REGARDING A MIX OF DWELLING UNIT SIZES FOR NEW
SUBDIVISIONS (2000-1-10/R-19)
WHEREAS, the Chapel Hill Town Council has expressed concern about the cost of housing in Chapel Hill and the size of new houses being constructed; and
WHEREAS, the Town Council has indicated a desire to consider changing the Development Ordinance as identified in the attached draft ordinance to require a mix of dwelling unit sizes;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, February 21, 2000 to consider the proposed amendment to the Development Ordinance that would establish a new regulation, requiring a mixture of dwelling unit sizes in new residential subdivisions.
This the 10th day of January, 2000.
DRAFT ORDINANCE
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING RESTRICTIONS ON THE SIZE OF NEW HOMES IN RESIDENTIAL SUBDIVISIONS
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to impose restrictions on the size of new dwelling units in new residential subdivisions, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
“13.11 Major Subdivision Floor Area Restrictions
Major Subdivisions which create residential building lots shall restrict the floor area of single- and two-family dwelling units in the following manner:
·
For a major subdivision with 13-20 residential lots,
at least 15% of the dwelling units shall contain no more than 1,350 square feet
of floor area and an additional 10% of the dwelling units shall contain no more
than 1,100 square feet of floor area at the time that the units are initially
conveyed.
·
For a major subdivision with 21 residential lots or
more, at least15% of the dwelling units shall contain no more than 1,100 square
feet of floor area and an additional 10% of the dwelling units shall contain no
more than 1,350 square feet of floor area at the time that the units are
initially conveyed.
Each lot that is large enough for only a single-family dwelling unit or that is limited by restrictive covenants to development only with a single-family dwelling unit shall be deemed to house one single-family dwelling unit. Lots that are large enough to accommodate more than one dwelling unit and are not so limited by restrictive covenants shall be deemed to house the largest number of dwelling units that could be approved under this Article. The minimum number of size-limited units shall then be determined by multiplying the maximum number of dwelling units permissible within the subdivision as determined herein by the percentage specified above (resulting fractions shall be dropped).
The subdivision preliminary and final plats shall indicate clearly each lot on which a size-limited unit must be constructed, and the builder, developer and purchaser shall be bound by the limitation.
No Zoning Compliance Permit or Building Permit shall be issued for the construction of any dwelling unit on any lot that has been designated as a lot on which a size-limited unit must be constructed unless the proposed dwelling conforms to the limitation of this section. Notwithstanding the foregoing, this section shall not prevent the purchaser of any size-limited unit, or any successor to such purchaser, from enlarging the dwelling unit at any time following one year after the issuance of the initial Certificate of Occupancy for the unit.
This section shall not apply
to any major subdivision that has been approved by the Town Council prior to
the effective date of this ordinance."
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 __ day of __________, 2000.