AGENDA #5h

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Annual Report – Resource Conservation District Activity

 

DATE:             October 27, 2003

 

 

This is an annual report regarding development activity in the Town’s Resource Conservation District (RCD).  Over the past twelve months, the Board of Adjustment received no applications for development pursuant to the Council’s 1995 amendment to the Resource Conservation District.  No Resource Conservation District variance applications were reviewed and/or granted.

 

BACKGROUND

 

In 1985, the Council adopted a Resource Conservation District Ordinance, designed to control development activity in and around the flood plains and perennial streams.  The regulations became part of what was the Chapel Hill Development Ordinance, and replaced Chapel Hill’s previous Flood Damage Prevention Regulations.  Today the regulations are included in Article 3 of the Land Use Management Ordinance.  The goals of the ordinance are as follows:

 

·          Preserve water quality;

·          Minimize danger to life and property due to flooding;

·          Preserve the water-carrying capacity of watercourses;

·          Retain open spaces;

·          Protect sensitive natural environments;

·          Provide buffers.

 

The ordinance was amended in 1987, 1994, 1995, 1997 and 2003.  The 1987 amendment corrected several technical problems that had been identified.  The 1994 and 1995 amendments resulted from several requests to adjust language that allows the rebuilding of damaged structures within the Resource Conservation District.  The 1997 amendment resulted in clarifying and strengthening certain protective measures.  With the January 27, 2003 enactment of the Land Use Management Ordinance, numerous changes were made to the Resource Conservation District provisions including further restrictions on use, expansion of width of  boundaries, and expansion of coverage to intermittent streams.

 

REPORT ON ACTIVITY

 

At the time the Town Council amended the ordinance in 1995, the Council requested that the Town Manager annually prepare a report describing development activity related to the 1995 amendment.  This is the ninth report, covering the program year from July 1, 2002 through June 30, 2003. 

 

Over the last twelve months, the Board of Adjustment did not receive and/or authorize any requests for variance for development pursuant to the Council’s 1995 amendment.   Since 2000, 4 applications have been received and 2 Resource Conservation District variance requests have been granted by the Board of Adjustment.

 

There have been few Resource Conservation District variances, and Quick Reports are provided as the actions are taken.  We believe that these annual reports about Resource Conservation District variances are less timely and useful than the Quick Reports and suggest that this annual reporting be discontinued.  If the Council wishes to continue receiving the annual compilation, we ask that the Council give us that direction.