TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Request for Council Instruction Regarding Small House Regulations
DATE: May 28, 2003
The purpose of this memorandum is to request that the Council instruct the Manager and Attorney as to whether it wishes to consider an amendment to the Land Use Management Ordinance that would clarify the intent of the small house regulations. Adoption of the attached Resolution would call a public hearing to consider an amendment to the small house regulations.
BACKGROUND
On May 19, 2003, the Council conducted a Concept Plan Review for Montclair Estates, a 16 lot subdivision on 11 acres near Culbreth Middle School. The applicant’s Concept Plan for the project proposed meeting the Town’s small house ordinance requirements by providing basement level accessory apartments in the residential structures built on five of the 16 lots.
The Council’s discussion indicated that there were varying opinions regarding whether the use of such accessory apartments would satisfy the intent of the Council regarding compliance with the small house regulations contained in the Land Use Management Ordinance. Several Council Members indicated that they believe that inclusion of accessory apartments in a subdivision proposal would not comply with the LUMO small house requirements. The Manager and Attorney were asked to consider the matter and report to the Council.
DISCUSSION
The Manager and Attorney have not determined whether they consider the preliminary proposal for accessory apartments proposed in the Concept Plan for Montclair Estates to comply with the terms of LUMO for restriction of floor area as currently contained in Section 3.8.5 of that Ordinance. However, it is clear from the presentation made on May 19, 2003, that the Montclair Estates applicant and representatives believe that the Ordinance permits the proposed accessory apartments to meet the requirements of Section 3.8.5. We believe that there may be at least some reasonable basis for the applicant’s interpretation of the current provisions.
If it wishes to do so, the Council could instruct the Manager and Attorney to prepare a draft amendment to the Land Use Management Ordinance that would clarify the intent of the small house regulations. The Council could instruct that alternative draft language be prepared that would clearly permit or clearly prohibit the use of accessory apartments, included as part of larger residential structures, to meet the small house requirements. Such a clarification could avoid a potential dispute at the time that an application for a subdivision was being considered.
RECOMMENDATION
We recommend that the Council determine whether it wishes to consider an amendment to the Land Use Management Ordinance that would clarify the intent of the small house regulations.
If the Council decides to consider an amendment to the small house provisions, we recommend that it call a public hearing for September 15, 2003, to modify Section 3.8.5 of the Land Use Management Ordinance to clarify whether accessory apartments on the same lot as larger residential structures and incorporated in such structures qualify as meeting the requirements of that Section.
A RESOLUTION CALLING A PUBLIC HEARING FOR SEPTEMBER 15, 2003, TO MODIFY THE HOUSING FLOOR AREA RESTRICTION PROVISIONS OF THE LAND USE MANAGEMENT ORDINANCE TO CLARIFY WHETHER ACCESSORY APARTMENTS MEET THE REQUIREMENTS OF THAT SECTION (2003-05-28/R-5)
BE IT RESOLVED by the Council of the Town of Chapel Hill, that the Council calls a public hearing for September 15, 2003, to consider changes to Section 3.8.5 of the Land Use Management Ordinance to clarify whether accessory apartments on the same lot as larger residential structures and incorporated into such structures qualify as conforming to the requirements of that Section.
BE IT FURTHER RESOLVED that the proposed modifications are referred to the Planning Board for comment.
This the 28th day of May, 2003.