AGENDA #5f
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petition: Report on Compliance with Small House Regulations
DATE: February 10, 2003
This report provides a response to a petition received on January 13 from Wayne Poerio and Grace Torres requesting relief from regulations which temporarily restrict the floor area of some homes in new residential developments. We recommend no action.
April 10, 2000 The Council enacted regulations which restrict floor area, for one year, for 25% of new lots in developments which create more than 12 lots.
July 5, 2000 The Council approved a Preliminary Plat for Parkside II Cluster Subdivision. With the approval, 17 of the 67 lots were restricted floor area lots in accordance with the Development Ordinance regulations.
June 29, 2001 A final plat was recorded at the Register of Deeds office which identified the one year time period of restricted floor area for the 17 lots.
Sept. 26, 2002 Certificate of Occupancy issued for one of the size restricted homes: 119 Christine Court.
January 13, 2003 The Council received a petition from Wayne Poerio and Grace Torres requesting relief from the one-year restriction at 119 Christine Court in the Parkside II Subdivision.
A copy of the petition is attached.
Since April of 2000, regulations have been in place in Chapel Hill, which impose restrictions on the floor area of a percentage of new homes in residential developments. The current restriction is for a 30-month period from the date of issuance of a Certificate of Occupancy. The regulation was established to address a housing diversity objective. Today’s regulations allow a developer to offer to satisfy the small house provisions by providing affordable housing in lieu of the smaller homes.
At the time of approval of the Parkside II Subdivision, Development Ordinance provisions in place restricted the floor area of 25% of the new dwelling units in residential developments with more than 12 lots. When Parkside II Subdivision was approved, the restriction was only for a one-year period. The restriction is noted on the recorded plat at the County Register of Deeds Office. We understand from discussions with M/I Homes representatives that the one-year restriction at 119 Christine Court was openly discussed and well noted.
The regulations, which restrict the size of a percentage of the new homes in a development, in place at the time of the Parkside II Subdivision approval by the Town Council, restrict house size for only a one-year period from the date of issuance of a Certificate of Occupancy. The restriction is intended to provide diversity in the size of houses in Chapel Hill neighborhoods. These restrictions were noted on the recorded plat for the Subdivision. Expansion of the new home will be allowed after September 27, 2003. The regulations do not contain a provision for exception or variance. The process to change this regulation would involve a Land Use Management Ordinance text amendment.
We recommend no action at this time.
ATTACHMENT
1. Petition from Wayne Poerio and Grace Torres (p. 3).