AGENDA #5c

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:            Response to Village West Petition

DATE:             July 5, 2000

This memorandum responds to requests and concerns raised by Village West residents on June 26.  The issue is development of nearby lots owned by AM Properties.  A map is attached, along with previous reports to the Council on this issue.

BACKGROUND

Concerns about this development have been brought to the Council's attention previously.  (Please see attached 1999 memoranda from June 14, September 27, October 27, and November 22.)  This is an unusual situation involving lots that were created 50 years ago that were not subject at that time to any of the Town's current regulations, that front on public right-of-way that has not been improved, and that exist without water and sewer service.  Yet, because the lots were lawfully created, the owner retains rights to place single-family or duplex dwellings on the lots.  Because development of these structures on the existing lots can take place without the kind of public review and list of requirements that typically accompanies new development, problems have arisen.

CURRENT STATUS

A map is attached that shows the configuration of lots in this area near Village West.  AM Properties has obtained the following permits for work on and near the subject lots:

The developer has undertaken the following work without need of Town permits or approvals:

QUESTIONS FROM VILLAGE WEST RESIDENTS

Residents raised the following questions on June 26.  We offer comments on each:

1.         Trees that have served as a buffer between Village west and Jay Street to the south are scheduled for removal.

Staff Comment:  Jay Street exists as a publicly maintained one-lane gravel street within a 30-foot right-of-way.  It is currently marginally adequate to serve the residents that live down the street along Nunn Street Extension.  Adding new residences on the lots owned by AM Properties increases the need for a better roadway.  AM Properties sought and received permission to improve Jay Street to a two-lane gravel street, 22 feet wide, with drainage on each side.  This cross-section, even though narrow, exactly fits within the existing 30-foot right-of-way, requiring clearing of the right-of-way for the length of Jay Street that is to be so improved.  The trees discussed by the Village West residents are within this 30-foot public right-of-way, and accordingly will be removed as this Jay Street widening takes place.

2.         When work on the water line in Jay Street was underway, vehicles (including construction vehicles), drove across the back yards of Village West residence, damaging grass.

Staff Comment:  We believe that this situation, as described, is a matter between the Village West homeowners and whoever drove across the Village West property.  There was no town authorization or direction to any party to drive across someone else's private property.

3.         Units are being advertised for sale as duplexes with 4-bedrooms on each side, when Town regulations limit duplexes to 3 bedrooms per side.

Staff Comment:  We agree that the Development Ordinance limits occupancy of a duplex.  Use is limited to 3 bedrooms per side (otherwise use of the structure is classified as a rooming house).  Until a unit is occupied, there is no use of the property or its rooms, therefore no violation has occurred.  There is the possibility of course, that a unit with four rooms that could be used, will be used as bedrooms; and if there are four bedrooms in use, then occupancy of that unit by more than two unrelated individuals would be a violation of the Development Ordinance.  If there are 3 bedrooms in use, then occupancy by more than 4 unrelated individuals would be a violation.  We have notified the developer of this restriction, and intend to do so again at the time that Certificates of Occupancy are ready to be issued.

SUMMARY

We believe that construction activity on the lots to the south of Village West Condominiums is being undertaken in a manner that complies with the Development Ordinance.  Along with Council members and nearby residents, we would prefer a regulatory context for the development of this property that would allow full and typical Town review as if this were a new subdivision of land.  But since it is not a new subdivision of land, we are not aware of any restrictions on use of these properties other than those we have already initiated.

A particular point of concern is that construction of duplexes is occurring with room configurations that could result in occupancy that is not legal.  We believe the only steps to take are to notify the owner of the units of the Town's occupancy restrictions, and to respond to complaints about alleged over-occupancy once units are occupied.

We note that a related item is on tonight's agenda for Council consideration, discussing the situation where (as in Jay Street), building lots were created prior to enactment of present-day regulations that are designed to assure adequate and safe access, service by public utilities, and required landscape protection.  That report concludes by recommending that the Council direct that, in the upcoming revision of Chapel Hill's Develo0pment Ordinance, attention be paid to how situations such as this might be better regulated.

We do not know of any action available for the Town Council to take at this time regarding the construction of dwellings on the Jay Street lots.

ATTACHMENTS

1. Site Map (p. 4)

2. Newspaper Advertisement (p. 5)

3. Town Council Memorandum, June 14, 1999 (begin new page 1)

4  Town Council Memorandum September 27, 1999 (begin new page 1)

5. Town Council Memorandum, October 27, 1999 (begin new page 1)

6. Town Council Memorandum, November 22, 1999 (begin new page 1)