AGENDA #5b

 

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Annual Report – Resource Conservation District Activity

 

DATE:             September 10, 2001

 

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.  However, one variance application was reviewed and denied.

 

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 Article 5 of the Chapel Hill Development Ordinance, and replaced Chapel Hill’s previous Flood Damage Prevention Regulations.  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, and 1997.  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.

 

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 seventh report, covering the program year from July 1, 2000 through June 30, 2001. 

 

Over the last twelve months, the Board of Adjustment received no requests for variances for development pursuant to the Council’s 1995 amendment.   Furthermore, no Resource Conservation District variances of any kind were authorized during the twelve month period. 

 

One variance application received last year was denied on July 12, 2000.  The application proposed construction of a house, garage, deck, part of a driveway, and a sewer lateral line on a residential lot within the Resource Conservation District.  This case is under appeal to Superior Court.

 

If the Council wishes to continue receiving this kind of annual statement, our next status report to the Council would be in August 2002.