AGENDA #13(a)

(6-22-00/4:00pm)

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Little Creek Property Acquisition as a Stormwater Management Conservation Area

 

DATE:             December 11, 2000

 

 

This memorandum discusses the proposed land acquisition of the approximate 9.2-acre parcel adjacent to Little Creek as a Stormwater Management Conservation Area.

 

The attached resolution would approve and direct the Manager to sign the contract agreement with Henry A. Whitfield, Jr., Trustee for the acquisition of the approximate 9.2-acre parcel adjacent to Little Creek. This acquisition will meet the Council’s goals of promoting non-automobile community connectivity, and/or preserving entranceway corridors, scenic vistas, environmentally sensitive areas, Resource Conservation District land, community open space and neighborhood open space.  It also authorizes the Manager to utilize the HUD Disaster Grant funds of $112,000 and approximately $8,000 of the 1996 Open Space Bond Funds for the total purchase cost of $120,000, plus appraisal and closing costs.

 

BACKGROUND

 

The Town Council recently adopted a revised Comprehensive Plan. Chapter Nine of the Plan, entitled Natural Environment, includes a goal to “identify, protect and preserve open spaces and critical natural areas and enhance the community’s air quality and water resources.”.

 

The Plan recommends actions to implement a variety of programs with similar objectives to those described above.  It discusses the 1998 Chapel Hill Greenways Comprehensive Master Plan (Section 9B-1), with the goals of providing environmental protection, recreational benefits, and transportation alternatives.  Due to the limited public resources available for land acquisitions, the Plan recommends acquisition of “key” greenway connections and encourages public/private partnerships to restore and enhance environmental resources (Section 9D-1) including woodlands, wetlands and stream corridors.

 

The Plan also discusses water quality and stormwater management issues (Section 9F).  Due to the near “build-out” conditions of the Town’s watersheds and the surface water quality concerns of the Town, special attention must be paid to the remaining riparian open spaces to see that reasonable measures are taken to protect the riparian environment and protect property owners from increased risk of water pollution and/or flooding.

 

This report and its recommendations are consistent with the June 12, 2000 open space resolution authorizing the Manager to investigate land acquisition; the July 5, 2000 resolution authorizing the Manager to pursue the acquisition of this parcel and to define associated costs and funding sources; and the September 25, 2000 resolution authorizing the Manager to utilize the 1996 Open Space Bond Funds as the local match for the purchase.

 

DISCUSSION

 

Due to the unique natural characteristics of this parcel, the Town has considered the approximate 9.2-acre parcel for purchase in the past, and a negotiated price was not reached. Recent negotiations however, have made the purchase feasible between the Town and the seller, Henry A. Whitfield, Jr., Trustee.  As described in the Stormwater Management Conservation Areas Report, this parcel is located at the confluence of Booker and Bolin Creeks, where Little Creek is formed. It is adjacent to the 50-acre Town-owned tract of open space.

 

This purchase would allow the Town to preserve and control a parcel with high flooding potential and unique natural riparian characteristics. It is part of the important habitat and corridor for wildlife leading toward Jordan Lake through the U.S. Corps of Engineers Flowage Easement and the N.C. Division of Water Quality Waterfowl Sub-Impoundment areas. Because much of this area is inundated for a significant portion of the year (due to beaver impoundments and/or wet weather) this is habitat or resting area for many water-dependent fowl such as wood duck.

 

Funding and Process

 

In January, 1999, the Council allocated $112,000 of U.S. Department of Housing and Urban Development Disaster Recovery Initiative Grant funds available for acquisition of land in flood prone areas. These funds would be used for this purchase, in addition to approximately $8,000 of the 1996 Open Space Bond funds targeting non-automotive community connectivity and preservation of entranceway corridors, scenic vistas, environmentally sensitive areas, Resource Conservation District land and community open space.

 

The negotiated contract agreement between the Town and the sellers establishes the price, timing, and other details of the closing, and stipulates that the property shall be named as “The Gattis-Whitfield Park and Conservancy” in the records of the Town of Chapel Hill.  The resolution authorizes the Manager to sign the document and utilize the $112,000 of HUD Disaster Grant funds and approximately $8,000 of the 1996 Open Space Bond funds as a match.

 

Upon the execution of the agreement, the Town attorney will prepare for and schedule the closing, to be held in early January, 2001.

 

NEXT STEPS

 

During the next several weeks and months, with Council approval, the Manager will proceed to investigate parcel acquisition opportunities in Area 3, as described above and as they arise, will report back for approval to proceed with the formal acquisition process and to define associated costs and funding sources.

 

The Manager will also investigate acquisition of parcels in the other areas as well as continue to look for other opportunities meeting the above criteria.  

 

 

 

 

 

 

 

 

MANAGER’S RECOMMENDATION

 

That the Council adopt the attached resolution authorizing the Manager to execute the contract agreement between the Town and Henry A. Whitfield, Jr., Trustee for the purchase of the approximate 9.2-acre parcel adjacent to Little Creek; and to complete the purchase; and that the HUD Disaster Grant in the amount of $112,000 and approximately $8,000 of the 1996 Open Space Bond funds be utilized for the total purchase price of $120,000.

 

ATTACHMENTS

 

1.         Area map indicating parcel location (p. 5).

 


 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN AND EXECUTE THE ATTACHED CONTRACT AGREEMENT FOR THE NEAR 10-ACRE PROPERTY ACQUISITION ASSOCIATED WITH STORMWATER MANAGEMENT CONSERVATION AREAS (2000-12-11/R-18)

 

WHEREAS, the Chapel Hill Town Council is interested in improving and maintaining surface water quality including steams, lakes, and ponds; and

 

WHEREAS, the Council desires to mitigate flooding problems and protect sensitive riparian environments; and

 

WHEREAS, certain Stormwater Management Conservation Areas have been identified which should be protected and preserved to the extent possible in keeping with the Council’s objectives.

 

WHEREAS, upon purchase of the property by the Town, the property shall be named as “The Gattis-Whitfield Park and Conservancy” in the records of the Town of Chapel Hill.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to sign and execute the contract agreement between the Town of Chapel Hill and Henry A. Whitfield, Jr., Trustee for the approximate 9.2-acre parcel acquisition located on Little Creek, and to complete the closing on the purchase of the land.

 

BE IT FURTHER RESOLVED that the Manager is directed to utilize the HUD Disaster Grant of $112,000 and approximately $8,000 of the 1996 Open Space Bond Funds for the total purchase price of $120,000, and the costs of the appraisal and closing.

 

This the 11th day of December, 2000.