AGENDA #12
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposal to Provide Water and Sewer Service at Orange County Solid Waste Operations Center on Eubanks Road.
DATE: September 12, 2005
PURPOSE
This memorandum provides information concerning plans by the Board of County Commissioners to request that OWASA provide water and sewer service connections to the proposed Orange County Solid Waste Operations Center on Eubanks Road.
The attached resolution would request that the Board of County Commissioners discuss this matter at the Assembly of Governments on September 29, 2005.
BACKGROUND
On May 17, 2005, the Orange County Board of Commissioners adopted a resolution of intent to connect OWASA public water and sewer service to the proposed new solid waste operations center. The resolution notified the Town of Chapel Hill, the Town of Carrboro, the Town of Hillsborough, and OWASA who are the parties to the Water and Sewer Management, Planning and Boundary Agreement. Please see Attachment 1.
On August 10, 2005, Mayor Foy received a letter from Moses Carey, Jr. Chair of the Board of County Commissioners. The letter solicited comment from the Town Council regarding the County’s plans to request water and sewer service to the proposed solid waste operations center. Please see Attachment 2.
The University of North Carolina is requiring the Town of Chapel Hill to vacate its current Public Works site on the Horace Williams property at the expiration of the lease in December 2006. That will require the relocation of the County’s Solid Waste Management Department, which is currently at the same location. Orange County proposes to construct a building for the relocated department on Orange County property to the west of the County landfill on Eubanks Road. Please see Attachment 3 (location map).
The 4 acre property is located in the Rural Buffer as defined by the Joint Planning Agreement between Orange County, the Town of Chapel Hill and the Town of Carrboro. The existing landfill site marks the western boundary of the Chapel Hill Urban Services Boundary, the OWASA Primary Service Area and the Town of Chapel Hill Transition Area. The property is also located in the Chapel Hill Joint Development Review Area and in the OWASA Long-Term Interest Area as set out in the Joint Planning Agreement.
The property contains a site with a County Environmental Health Division Approval for a septic system suitable for a typical 6,500-square foot office building.
The proposed design of the building includes meeting space that would serve as training space for the Solid Waste departmental staff and also for community meeting space and as an educational facility. The Board of Commissioners believe that with those uses in mind, which could generate visitors/occupants up to 75 at one time, that it would be prudent for the building to be connected to public water and sewer.
Please see Attachment 4 which provides a summary of the agreements and plans which are relevant to the consideration of this matter.
DISCUSSION
The Board of County Commissioners has notified the Town that it intends to apply to OWASA for public water and sewer service to its property which is located in the Rural Buffer in order to serve what they believe is an essential public facility.
We believe the Board of County Commissioners is requesting comment from the Town Council because the Town is a party to the Joint Planning Agreement which includes the Water and Sewer Management, Planning and Boundary Agreement (Attachment 5). In accordance with that agreement OWASA would not provide water and sewer service in the Rural Buffer unless it was to address an adverse health condition or to connect an essential public facility.
We believe the key issues in the County’s proposal to extend water and sewer into the Rural Buffer include:
Consistency with Policy, Agreements and Plans:
The Joint Planning Agreement states that the Rural Buffer should remain rural in character and not require urban services. However the Water and Sewer Management, Planning and Boundary Agreement which is incorporated in the Joint Planning Agreement allows for the extension of services in the Rural Buffer to development which is for an essential public facility.
Potential Impact on Development in the Rural Buffer:
The Orange County proposal is to extend services from the existing land-fill site, which is located inside the Urban Services Boundary and the OWASA Primary Service Area, into the adjoining land to the west. The extension area is in the Rural Buffer. The water and sewer lines are proposed to be entirely on Orange County property and therefore would be under the County’s control.
Essential Public Purpose:
Solid waste management is a public purpose. In addition to the Solid Waste Operations Center the development concept includes the provision for additional community meeting space and a facility for environmental education.
Environmental Benefits:
We believe that there would be environmental benefits to connecting the facility as envisioned to water and sewer services rather than to rely on a well and on-site septic system or alternative wastewater treatment system.
Procedural Option:
A procedural option that could be explored would involve an amendment to the Joint Planning Area Land Use Plan and Map to include the proposed Solid Waste Operations Center site within Chapel Hill’s Transition Area. If this item is included on the agenda for the September 29 Assembly of Governments meeting this option could be discussed.
CONCLUSIONS
We believe that there are provisions within the existing policies, plans and agreement concerning this location that would allow for the extension of public utilities to an essential public facility in the Rural Buffer. We also believe that it would be beneficial for the Council to receive additional information about the County’s proposal before offering comments or taking other action.
RECOMMENDATION
Manager’s Recommendation: We recommend that the Council adopt Resolution A requesting that the Board of County Commissioners present additional information about this proposed development at the Assembly of Governments on September 29, 2005. Alternatively, the Council could conclude that it has sufficient information to agree or disagree that the proposed development is an essential public facility. Resolution B would find that the proposed Solid Waste Operations Center is an essential public facility and is consistent with the water and sewer boundary agreement. Resolution C would find that the proposed Solid Waste Operations Center is not an essential public facility and is not consistent with the water and sewer boundary agreement.
ATTACHMENTS
1. Memorandum to Orange County Board of Commissioners dated May 17, 2005 (p. 7).
2. Letter to Mayor Foy dated August 10, 2005 (p. 11).
3. Location Map (p. 14).
4. Summary of Agreements (p. 15).
5. Water and Sewer Management, Planning and Boundary Agreement, November 2001 (p. 35).
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION TRANSMITTING COMMENTS TO ORANGE COUNTY REGARDING THE PROPOSAL TO EXTEND WATER AND SEWER SERVICE TO A NEW SOLID WASTE OPERATIONS CENTER PROPOSED ON A SITE WITHIN THE JOINT PLANNING AREA RURAL BUFFER AND REQUESTING A DISCUSSION OF THE MATTER AT THE ASSEMBLY OF GOVERNMENTS (2005-09-12/R-19a)
WHEREAS, the Orange County Board of Commissioners in a letter dated August 10, 2005 requested comments from the Chapel Hill Town Council on the proposal to apply to OWASA to extend water and sewer facilities into the Joint Planning Area Rural Buffer to serve a new Orange County Solid Waste Operations Center; and
WHEREAS, the proposed Solid Waste Operations Center site is located within OWASA’s Long- Term Interest Area as defined in the Water and Sewer Management Planning and Boundary Agreement (Water and Sewer Boundary Agreement) adopted by Orange County, Carrboro, Chapel Hill and Hillsborough; and
WHEREAS, the Joint Planning Agreement adopted by Orange County, Carrboro and Chapel Hill defines the Rural Buffer as an area that is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services); and
WHEREAS, the Council would benefit from having additional information about the proposed development;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council request that the Board of County Commissioners present additional information about their proposed development at the Assembly of Governments on September 29, 2005.
This the 12th day of September, 2005.
RESOLUTION B
A RESOLUTION FINDING THAT ORANGE COUNTY PROPOSAL TO EXTEND WATER AND SEWER TO A SOLID WASTE OPERATIONS CENTER LOCATED IN THE RURAL BUFFER IS DEEMED AN ESSENTIAL PUBLIC FACILITY (2005-09-12/R-19b)
WHEREAS, the Orange County Board of Commissioners in a letter dated August 10, 2005 requested comments from the Chapel Hill Town Council on the proposal to apply to OWASA to extend water and sewer facilities into the Joint Planning Area Rural Buffer to service a new Orange County Solid Waste Operations Center; and
WHEREAS, the proposed Solid Waste Operations Center site is located within OWASA’s Long- Term Interest Area as defined in the Water and Sewer Management Planning and Boundary Agreement (Water and Sewer Boundary Agreement) adopted by Orange County, Carrboro, Chapel Hill and Hillsborough; and
WHEREAS, the Joint Planning Agreement adopted by Orange County, Carrboro and Chapel Hill defines the Rural Buffer as an area that is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services); and
WHEREAS, the Water and Sewer Boundary Agreement allows the extension of water and sewer facilities to exclusively serve an “essential public facility” located within OWASA's Long-Term Interest Area which includes the rural buffer ;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds the County’s request for extending water and sewer facilities to serve the proposed Solid Waste Operations Center is consistent with the water and sewer boundary agreement authorizing the extension of water and sewer to serve an essential public facility.
This the 12th day of September, 2005.
RESOLUTION C
A RESOLUTION FINDING THAT ORANGE COUNTY PROPOSAL TO EXTEND WATER AND SEWER TO A SOLID WASTE OPERATIONS CENTER LOCATED IN THE RURAL BUFFER IS NOT DEEMED AN ESSENTIAL PUBLIC FACILITY (2005-09-12/R-19c)
WHEREAS, the Orange County Board of Commissioners in a letter dated August 10, 2005 requested comments from the Chapel Hill Town Council on the proposal to apply to OWASA to extend water and sewer facilities into the Joint Planning Area Rural Buffer to service a new Orange County Solid Waste Operations Center; and
WHEREAS, the proposed Solid Waste Operations Center site is located within OWASA’s Long- Term Interest Area as defined in the Water and Sewer Management Planning and Boundary Agreement (Water and Sewer Boundary Agreement) adopted by Orange County, Carrboro, Chapel Hill and Hillsborough; and
WHEREAS, the Joint Planning Agreement adopted by Orange County, Carrboro and Chapel Hill defines the Rural Buffer as an area that is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services); and
WHEREAS, the Water and Sewer Boundary Agreement allows the extension of water and sewer facilities to exclusively serve an “essential public facility” located within OWASA's Long-Term Interest Area which includes the rural buffer;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds the County’s request for extending water and sewer facilities to serve the proposed Solid Waste Operations Center is not consistent with the water and sewer boundary agreement authorizing the extension of water and sewer to serve an essential public facility.
This the 12th day of September, 2005.