Agenda - 02-15-1999 - 2 - Laserfiche WebLink

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Feb -15 -99 05 :46P Town of Carrboro 919 968 7737 P.07 Attachment B Memorandum to: Carrboro Mayor and Board of Aldermen From: Michael B. Brough 00 Subject: Ordinance Requiring Developers to Provide Some Smaller Houses Date: February 2, 1999 Attached is the first draft of an ordinance requested by the Board some time ago. (I apologize for taking so long to produce it). The draft has not been reviewed by the staff and is truly just a first draft. Nevertheless, t wanted to get it into your hands since I have already been contacted by a reporter about it. In this initial draft, I have opted for a simple approach, requiring that at least 20% of the new homes in covered subdivisions contain not more than 1,100 square feet of heated floor space. The ordinance could be drafted to require varying percentages of different size homes if the Board so desires. Note that the ordinance applies to all subdivided developments of more than four lots, including townhome developments where the homes are sold. In fact, it is likely that many developers would construct townhomes to comply with the provisions of this amendment. Note also that the ordinance does not apply to multi - family projects that are not subdivided (i.e. rental apartment projects). The main reason is that such projects have typically provided a significant number of smaller units without a regulatory requirement. Most of the provisions of the amendment are sett' explanatory, but two deserve some comment. First, the second sentence of subsection (e) makes clear that, once a size- limited unit is sold by the developer or builder, then the purchaser is not prohibited from expanding the home after one year. The one year period is designed to assure that the expansion is undertaken by a retail purchaser, rather than a builder. Second, subsection (f) exempts the conversion into "for sale" townhomes of townhomes that have previously been rented for at feast three years. 1 have some doubt based upon existing case law that the town could prevent such conversion, and again, townhome projects typically provide a substantial percentage of units containing 1,100 square feet or less. The staff and I will await the Board's direction as to how to proceed with this ordinance.