AGENDA #5a

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Annual Report – Resource Conservation District Activity

DATE:             September 23, 2002

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.  One variance application was reviewed and 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 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 eighth report, covering the program year from July 1, 200 1 through June 30, 2002. 

Over the last twelve months, the Board of Adjustment received and authorized one request for a variance for development pursuant to the Council’s 1995 amendment.   The variance application received last year was granted on June 5, 2002, for a two-family structure at 102 Dixie Drive.  The approval authorized an after-the-fact addition and some remedial site work on a residential lot within the Resource Conservation District. 

There have been few Resource Conservation District variances, and reports are provided as the actions are taken.  Therefore, we believe that these annual reports are no longer necessary, and we propose to discontinue providing them unless the Council directs otherwise.