AGENDA #8

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Larkspur Cluster Subdivision – Report on Applicant’s Request: Continuation of Public Hearing and Calling a Development Ordinance Text Amendment Public Hearing (File No. 14..18)

Date: January 14, 2002

Introduction

We have received a request from the Larkspur Cluster Subdivision applicant, Carol Ann Zinn, requesting continuation of the Public Hearing scheduled for tonight and requesting Town Council consideration of a Development Ordinance text amendment regarding affordable housing. Adoption of the attached Resolutions A and B would:

· Continue the subdivision Public Hearing to February 25, 2002; and

· Call a Public Hearing for Monday, February 18, 2002, to consider an amendment to the Development Ordinance house size restriction section to provide an affordable housing option.

The Resolutions, if adopted, would refer the proposed text amendment to the Planning Board and the Manager for recommendation and allow the text amendment proposal and the subdivision proposal to return to the Town Council at the same meeting, February 25, 2002.

Alternatively, adoption of Resolution C would be a decision to not pursue the proposed text amendment and would direct that the subdivision application come back for consideration at the Council’s next business meeting: January 28, 2002.

Background

On November 19, 2001, the Town Council held a Public Hearing to consider the major subdivision application for Larkspur Cluster Subdivision. A number of issues were raised at the Public Hearing.

On December 20, 2001, the applicant submitted a letter to Mayor and Town Council requesting consideration of a text amendment and continuation of the Public Hearing. At the November 19 Public Hearing, questions arose regarding the affordability objective of the Town’s Comprehensive Plan. In response to those inquiries, the developer has proposed a text amendment that would offer possible consideration of an affordable housing component or a payment-in-lieu of such a proposal to substitute for the restricted floor area requirement of the Development Ordinance.

RECOMMENDATION

We believe that the proposed text amendment is interesting and merits consideration. We recommend that the Town Council adopt the attached Resolutions A and B. Adoption of the attached Resolutions A and B would:

· Continue the subdivision Public Hearing to February 25, 2002; and

· Call a Public Hearing for Monday, February 18, 2002, to consider an amendment to the Development Ordinance house size restriction section to provide an affordable housing option.

Adoption of Resolution C would be a decision not to pursue consideration of the proposed text amendment and would direct that the subdivision application come back for consideration at the Council’s next business meeting: January 28, 2002.

ATTACHMENTS

1. Memorandum from Carol Ann Zinn (p.6).

2. Copy of E-mail from Patricia S. Love (p. 7).)

RESOLUTION A

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE DEVELOPMENT ORDINANCE REGARDING ADDITION OF AN AFFORDABLE HOUSING OPTION TO THE HOUSE SIZE RESTRICTION PROVISIONS (2002-01-14/R-13a)

WHEREAS, the Chapel Hill Town Council has received a petition from Ms. Carol Ann Zinn requesting consideration of a Development Ordinance text amendment regarding the addition of an affordable housing option to the House Size Restriction provisions of the regulations; and

WHEREAS, the Town Council has indicated a desire to consider adopting provisions in the Development Ordinance promoting affordable housing objectives of the Comprehensive Plan;

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 18, 2002, to consider amendment to the Development Ordinance.

BE IT FURTHER RESOLVED by the Council that the Council hereby directs the Manager to prepare the proposed text amendment in a form consistent with the Town's Development Ordinance and refers the proposal to the Planning Board and the Manager for recommendation.

This the 14th day of January, 2002.

RESOLUTION B

A RESOLUTION RECESSING THE PUBLIC HEARING ON THE LARKSPUR CLUSTER SUBDIVISION TO FEBRUARY 25, 2002 (2002-01-14/R-13b)

WHEREAS, on November 19, 2001, the Town Council held a Public Hearing on the Larkspur Cluster Subdivision Preliminary Plat application; and

WHEREAS, the Public Hearing on this item was recessed and continued to January 14, 2002; and

WHEREAS, following the Public Hearing, the developer petitioned the Town Council requesting consideration of a Development Ordinance text amendment regarding affordable housing provisions and a continuation of the Larkspur Cluster Subdivision Public Hearing to February 25, 2002;

NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Chapel Hill that the Public Hearing on the Larkspur Preliminary Plat application shall be recessed until February 25, 2002.

This the 14th day of January, 2002.

RESOLUTION C

A RESOLUTION RECESSING THE PUBLIC HEARING ON THE LARKSPUR CLUSTER SUBDIVISION TO JANUARY 28, 2002 (2002-01-14/R-13c)

WHEREAS, on November 19, 2001, the Town Council held a Public Hearing on the Larkspur Cluster Subdivision Preliminary Plat application; and

WHEREAS, the Public Hearing on this item was recessed and continued to January 14, 2002; and

WHEREAS, the Town Council chose not to pursue consideration of the proposed text amendment;

NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Chapel Hill that the Public Hearing on the Larkspur Preliminary Plat application shall be recessed until January 28, 2002.

This the 14th day of January, 2002.