AGENDA #3(a)3
Petition to The Chapel Hill Town Council
made by
Matthew Robbins and Kendra Millis
736 Williams Circle
Chapel Hill, NC 27516
919-967-1309
to be presented to the Council
Meeting on October 8, 2003
Petition for Consideration of an Ordinance Amending the Land Use Management
Ordinance to Allow Development of Existing Lots within the Urban Services
Boundary where Connection to Public Water and Sewer Service is not Readily
Available
Presented to the The Chapel Hill Town Council, October 8, 2003
On October 30, 2002, the petitioners entered into a Contract to Purchase a lot off Arboretum Drive (TMBL 7.131..5) which is a 1.185 acre lot created around 1965. (Exhibit A)
After meeting Phil Mason of the Chapel Hill Planning Board, the petitioners submitted a Wastewater System Construction Authorization Application to the Orange County Health Department. This Authorization was granted on January 31, 2003 for a 4 bedroom Septic System. (Attachment B)
Shortly thereafter, the petitioners submitted an application to the Town of Chapel Hill for a Building Permit for the construction of a single family home on the lot. As part of the approval process, Matthew Robbins met with J.B. Culpepper of the Chapel Hill Planning Department to review the plans, etc. At this meeting it was “discovered” that the lot in question lies just within the Urban Services Boundary (Attachment C) and per the Land Use Ordinance enacted on January 27, 2003, would require connection to city services for a building permit to be issued. Roger Waldon, head of the Chapel Hill Planning Board, confirmed this via phone.
Shortly thereafter, the city services provider, OWASA, was contacted and Ted Blake, an engineering assistant at OWASA, confirmed by letter that city water and sewer were not available to the lot. (Attachment D) Mr. Blake, per a phone conversation with Matthew Robbins, further confirmed that OWASA had no plans to “run” water and sewer to the area where the lot is located and this area also does not fall within the 45 year plan for extension of services.
The petitioners understand the intent of the Town Council for including the Urban Service Boundary requirements into the current Land Use Ordinance, namely to require connection to city services for new development thus limiting septic systems within the city limits. However, they believe the Council did not intend to prevent development of existing lots that are outside the current scope of city services, though fall with the Urban Services Boundary.
Deeming this lot unbuildable, as it is under the current Land Use Ordinance, is an unfair consequence of the Council’s action. Consideration should be given to the fact that the current tax value of this lot is $34, 773 and taxes have been paid for nearly 40 years.
The petitioners request the Town Council take the following action, to the extent it is empowered, and through the offices of the appropriate authorities:
Amend the Land Use Management Ordinance to Allow an Exception (for the lot identified as TMBL 7.131..5) to the Provision Regarding Connection to City Services within the Urban Services Boundary as a Requirement for Issuance of a Building Permit for said lot
and/or
Amend the Land Use Management Ordinance to Allow Development of Existing Lots within the Urban Services Boundary where Connection to Public Water and Sewer Service is not Readily Available
We respectfully implore the council’s intervention in this matter.
Chapel Hill, September 26, 2003
The Petitioners:
Matthew Robbins and Kendra Millis
736 Williams Circle
Chapel Hill, NC 27516
967-1309