ATTACHMENT 3

 

Additional Suggestions for Fourth Draft

 

Compiled by Chapel Hill Planning Department

December 9, 2002

 

 

In review of the Fourth Draft by Town staff members and citizens, a number of suggestions have been made for adjustments and clarifications in the final version of the Land Use Management Ordinance. 

 

  1. To the greatest extent possible, add Section numbers to the headers on each page.

 

  1. Add a listing of the specific overlay zoning districts to the Table of Contents.

 

  1. Add an index at the end of the document.

 

  1. Page 2:  Last paragraph of Section 1.4, add phrase “enacted under that Part.”

 

  1. Page 40 states that for any lawfully established lot existing on January 6, 2003, the RCD boundary shall be that as prescribed by the Development Ordinance prior to enactment of the new Land Use Management Ordinance.  We note that this means that, for most new development proposals, the RCD boundary will not change, since almost every lot in Chapel Hill was lawfully established.  We understand that Council intends that the new RCD boundaries should apply when new development is proposed (e.g., new Special Use Permit applications).  Accordingly, the language should be adjusted.

 

  1. Key typographical error on page 43:  Stormwater basins are to be permitted in the Managed Use Zone of the Resource Conservation District, per Council direction.

 

  1. Page 69:  Need reference to Durham County, under Watershed Protection District, to clarify that some portions of Chapel Hill are in Durham County.

 

  1. The key to the Use Matrix on page 81 needs adjustment and clarification.

 

  1. Small House Regulations:  Simplify regulation (on page 84 of Fourth Draft) to require that 25% of lots carry restrictions, limiting house size to 1,350 square feet.

 

  1. Key typographical error on page 88:  Floor Area Ratios listed for the MU-R-1 and MU-OI-1 zoning districts are incorrect - - they are listed as .264 and .076 but should be .429 for both (as noted on pages 17 and 20).  

 

  1. Page 134:  Adjust formatting of bullets.

 

  1. Steep slope regulations, on page 162, do not apply to single-family dwelling units or two-family/accessory apartment dwelling units.  We believe that the Council’s intent was to exempt such dwelling units on existing lots as of the date of enactment.   New subdivisions being proposed are required to comply with the steep slope regulations, which might mean, in some cases, conditions of approval that require restrictions on newly created lots.  Language on page 162 should be clearer in indicating this intent.

 

  1. We have identified what we believe would be a desirable clarification for Section 3.8.6 of the Fourth Draft.  That section offers subdivision applicants the option of providing affordable housing in lieu of providing small houses.  Specifically, the ordinance (both current and proposed) requires that 25% of lots in new residential subdivisions carry restrictions on the size of houses that can be built.  The ordinance allows an applicant to substitute a restriction on the price of 15% of the houses that are built. 

 

As we have worked with a recently approved subdivision on these provisions, it has become clear that while the price of houses would be restricted by ordinance language, the income of buyers would not be restricted.  In our recent experience, we have been pleased that the Orange Community Housing and Land Trust has negotiated income limits for buyers.  We believe that it would be helpful to include those provisions in the ordinance, so that such negotiations would not be necessary in the future.   Accordingly, we offer the following suggested change to Section  3.8.6 (additional language indicated with underline):

 

3.8.6    Substitution of Affordable Housing for Floor Area Restrictions

 

With the approval of the Council, for a major subdivision or a Planned Development Housing proposal with 13 or more single-family or two-family lots, an affordable housing component, as defined below, may be substituted for the floor area restrictions described in Section 3.8.5.

 

The affordable housing component shall provide initial and continued affordability of at least 15% of the dwelling units.  The dwelling units shall be priced to be affordable to individuals and families who have incomes at or below 80% of the area median income for a family of four.  Restrictive covenants shall be recorded with the dwelling unit(s) to ensure the continued and ongoing compliance with these requirements, and shall be sold to individuals and families who have incomes at or below 100% of the area median income by family size, as published periodically by the U.S. Department of Housing and Urban Development.

 

The minimum number of affordable units shall be determined as described in Section 3.8.5 with the number of units based on the permissible units on each lot and with resulting fractions dropped.

 

The subdivision preliminary and final plats and the Planned Development-Housing proposals minor subdivision plats shall indicate clearly each lot on which an affordable unit must be constructed, and the builder, developer and purchaser shall be bound by the restriction.  The recorded plat shall cross-reference the restrictive covenants.