TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petitions Regarding Habitat for Humanity
DATE: June 25, 2001
The purpose of this memorandum is to respond to two petitions. A petition was submitted to the Council on March 5, 2001, by Mr. Frank Phoenix of Habitat for Humanity requesting that the Town donate land it owns on Crest Street in Carrboro to Habitat (please see Attachment 1). A second petition was submitted to the Council on May 29, 2001, by the Town of Carrboro regarding a request from Habitat for Humanity for a sewer easement along property owned by the Town of Carrboro off Crest Street (please see Attachment 2).
The attached resolution would authorize the Manager to initiate procedures to convey at no cost two lots on Crest Street in Carrboro to the Town of Carrboro.
The conveyance of land would be contingent on a performance agreement with the Town of Carrboro and the following specific items: 1) that the creation of two new lots would not adversely impact the terms of the Town’s Conditional Use Permit for the Oakwood public housing; 2) that the Town of Carrboro would prepare a modification to the Town’s Conditional Use Permit to subdivide the property; 3) that the lots would be used for affordable housing purposes; 4) that the Town of Carrboro strongly consider placing the properties in the Land Trust; 5) that the U.S. Department of Housing and Urban Development would approve the changes in the land area of the property owned by the Town; 6) that the Town of Carrboro would assume all closing costs for the conveyance of the properties.
On March 5, 2001, Habitat for Humanity Board Member Frank Phoenix requested that the Town consider allowing Habitat to build a house on Town-owned property located on Crest Street in Carrboro (please see Attachment 1, letter dated February 16, 2001). Habitat and the Community Land Trust in Orange County are currently constructing a house on a lot across the street from this property. Attachment 3 provides an area map showing the location of the property mentioned in this request.
In a letter addressed to the Mayor dated May 29, 2001, the Carrboro Board of Aldermen requested that the Town share a public sewer easement along a portion of Town-owned property off Crest Street. Habitat for Humanity in cooperation with the Land Trust will build a house on a nearby lot on Crest Street, and needs the sewer easement to connect the new house to the OWASA system. The Town of Carrboro requests that the Town of Chapel Hill consider sharing the easement along the respective Towns’ property lines as shown on a sketch in Attachment 2. Alternately, the Town of Carrboro asks that the Council consider combining the Town and Carrboro’s property and then re-subdividing so that additional affordable housing opportunities could be created (please see Attachment 2).
DISCUSSION
Request from Habitat for Humanity- Letter of February 16, 2001
The property mentioned in this request is part of the site of the Oakwood public housing community in Carrboro. The Town owns and maintains the thirty public housing apartments located at this site. The property requested is not a separate lot usable for housing at this time.
We have had initial discussions with the Carrboro Planning staff regarding the development potential of this site. The Carrboro staff informs us that the area in which a lot could be created is zoned R-7.5 which requires a minimum lot size of 7,500 square feet. It is likely that, after meeting the setback requirements of ten feet, a single-family house could be built on this site.
The Carrboro staff also informed us that in order to create a usable lot for housing, the Carrboro Board of Aldermen must approve a modification of the Town’s Conditional Use Permit for the Oakwood public housing community. If approved the Carrboro Planning staff could administratively approve a minor subdivision to create the lot.
There also is the potential to create a second lot using the same modification to the Town’s Conditional Use Permit. The location of this potential second lot is shown on the map in Attachment 3. If the Council chooses to make this conveyance of land to the Town of Carrboro, we would suggest modifying the Conditional Use Permit to create both lots. We understand both potential lots would have access to sewer. In addition, Carrboro has a fee structure, which would permit the waiver of fees for affordable housing projects. The second lot could also be used for other affordable housing opportunities.
We recommend that the Council convey these lots to the Town of Carrboro. If the Council chooses to convey this property, once the property was subdivided, the Council could authorize the Manager to initiate the legal procedure to transfer ownership of the property. The Council could use the procedures of G.S. 160A-274, Sale, lease, exchange and joint use of governmental property. This process would include a published notice in the newspaper informing the public of the Town’s intent to transfer the property and how it would be used. We also would need to consult with the U.S. Department of Housing and Urban Development concerning the change in the land area for the Town’s public housing site. We would recommend that the Town of Carrboro (1) strongly consider placing the property in the Land Trust; and (2) assume the closing costs for the conveyance.
Request from the Town of Carrboro – May 29, 2001
The Town of Carrboro received a petition from Habitat for Humanity requesting a public sewer easement across property owned by the Town of Carrboro on Crest Street (please see Attachment 2). The easement would allow Habitat to extend the public sewer lines to another lot on Crest Street where it intends to build a house in cooperation with the Land Trust. The property owned by the Town of Carrboro is adjacent to the Oakwood property owned by the Town of Chapel Hill. If the Town of Carrboro were to grant the easement on its property as requested, its lot would be unusable for housing purposes.
The Town of Carrboro has requested that the Town of Chapel Hill consider either sharing an easement along Crest Street or consider combining lots and re-subdividing the property so that additional affordable housing opportunities could be created. In the section above, we propose that the Town convey the lot to the Town of Carrboro. The Town of Carrboro could then decide on the future use of the property. We would also recommend that Carrboro strongly consider placing this lot in the Land Trust.
The attached resolution would authorize conveying this lot to the Town of Carrboro to be used for affordable housing. If it is determined that an easement on Town-owned property is necessary, we recommend that the Council authorize conveyance of the easement.
RECOMMENDATION
We recommend that the Council adopt the attached resolution authorizing the Manager to initiate procedures to convey, at no cost, two lots on Crest Street in Carrboro to the Town of Carrboro.
We recommend that the Town convey at no cost land on Crest Street to the Town of Carrboro pursuant to G.S. 160A-274, with the exception of any closing costs associated with the transfer.
The conveyance of land would be contingent on a performance agreement with the Town of Carrboro and on the following specific items: 1) that the creation of two new lots would not adversely impact the terms of the Town’s Conditional Use Permit for the Oakwood public housing; 2) that the Town of Carrboro would prepare a modification to the Town’s Conditional Use Permit to subdivide the property; 3) that the lots would be used for affordable housing purposes; 4) that the Town of Carrboro strongly consider placing the properties in the Land Trust; 5) that the U.S. Department of Housing and Urban Development would approve the changes in the land area of the property owned by the Town; and 6) that the Town of Carrboro would assume all closing costs for the conveyance of the properties.
The resolution also includes a Council recommendation that the Carrboro Board of Aldermen consider conveying one or both lots to Habitat for Humanity.
The resolution would also authorize the Manager to provide a sewer easement along the Town’s property line as requested by the Town of Carrboro in a letter dated May 29, 2001 to the extent necessary, with the specific location to be determined by the Manager.
ATTACHMENTS
1. February 16, 2001 Petition from Frank Phoenix, Habitat for Humanity (p. 6).
2. May 29, 2001 Letter from Mayor Mike Nelson, with map of proposed location for sewer easement, and with a letter from Habitat for Humanity dated April 24, 2001 (p. 8).
3. Area Map (p. 12).
A RESOLUTION AUTHORIZING THE MANAGER TO INITIATE PROCEDURES FOR CONVEYING TWO LOTS ON CREST DRIVE TO THE TOWN OF CARRBORO (2001-06-25/R-6)
WHEREAS, the Council received a petition from Habitat for Humanity to build a house on Town-owned property located on Crest Street in Carrboro (a portion of Tax Map # 7.97.B.21B); and
WHEREAS, the Council received a petition from the Town of Carrboro requesting that the Town either share an easement with the Town or consider combining two properties off Crest Street;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to initiate procedures for conveying a portion of lot 7.97.B.21B to the Town of Carrboro pursuant to the provisions of G.S. 160A-274.
BE IT FURTHER RESOLVED that the conveyance of land to the Town of Carrboro would be contingent on a performance agreement with the Town of Carrboro and the following specific items:
1. The creation of two new lots would not adversely impact the terms of the Town’s Conditional Use Permit for the Oakwood public housing;
2. The Town of Carrboro would prepare a modification to the Town’s Conditional Use Permit to subdivide the property;
3. The lots would be used for affordable housing purposes;
4. The Town of Carrboro would strongly consider placing the properties in the Land Trust;
5. The U.S. Department of Housing and Urban Development would approve the changes in the land area of the property owned by the Town; and
6. The Town of Carrboro would assume all closing costs for the conveyance of the properties.
BE IT FUTHER RESOLVED that the Council recommends that the Carrboro Board of Aldermen consider conveying one or both lots to Habitat for Humanity, Orange County.
BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to provide a sewer easement along the Town’s property line as requested by the Town of Carrboro in a letter dated May 29, 2001 to the extent necessary, with the specific location to be determined by the Manager.
This the 25th day of June, 2001.