AGENDA #4o

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Calling Public Hearing on Water-Sewer Provisions in Land Use Management Ordinance

 

DATE:             June 23, 2003

 

 

During the week of June 9, 2003, it came to our attention that a provision in Chapel Hill’s Land Use Management Ordinance regarding water and sewer service is creating problems for certain homeowners within Chapel Hill’s Planning Jurisdiction.  This memorandum describes the situation, describes actions we have taken to date to address some of the concerns, and offers a resolution that would call a public hearing to revisit this provision.

 

BACKGROUND

 

The Town Council enacted a new Land Use Management Ordinance on January 27, 2003.  The Council directed the Town Manager, when it enacted the new Ordinance, to be on the lookout for “unintended consequences” of new regulations.  The Council asked that we keep a file of possible ordinance “calibrations” to report on this fall, and that we bring any serious problems to the Council’s attention immediately.

 

We received messages and expressions of concern during the week of June 9 about how the new Land Use Management Ordinance regulates development in areas that are within the Urban Services Area, but for which public water and sewer service is not readily available.  The new ordinance, enacted January 27, 2003, states that, “no Zoning Compliance Permit or building permit shall be issued for any structure within the Town’s Urban Services Area, absent evidence that the structure can be served by public water and sewer facilities.”  The specific situations that have come up in the last few days are proposals for an addition in the Northwoods neighborhood and a deck in the Dogwood Acres neighborhood.  Houses in both neighborhoods are served by individual septic tanks. 

 

RESPONSE:  NEW ADMINISTRATIVE POLICY

 

We believe that we can clarify, with an Administrative Policy, that structures such as deck additions, garages, or other additions that do not involve water and sewer can be authorized without availability of public water and sewer service.  We have issued a policy memorandum to make this clarification (effective immediately), and a copy is attached.  This will take care of some of the immediate concerns.  However, we also need the Council’s advice on whether or not it wishes to clarify how the water-sewer requirement should apply to more substantial expansions of existing structures.

 

The Council may wish to adjust the regulations so as to allow existing residences not served by public water and sewer (existing as of January 27, 2003) to improve and expand those dwellings.  If the Council wishes to consider such a proposal, the mechanism to do that would be to call a Public Hearing to consider amending the Land Use Management Ordinance.  The earliest possible time to do that would be September, 2003 (with possible action to change the ordinance in early October). 

 

RECOMMENDATION

 

We believe that it would be consistent with previous Council actions to “grandfather” existing dwellings from the requirement that no development may be permitted in the Urban Services Area without public water and sewer service.  Accordingly, we recommend that the Council adopt the attached ordinance, calling a Public Hearing for September 15, 2003.

 

ATTACHMENTS

 

1.  Administrative Policy, issued June 13, 2003 (p. 4).

2.  Copies of citizen correspondence (p. 6).

 

 

 

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING PUBLIC WATER AND SEWER REQUIREMENTS IN THE LAND USE MANAGEMENT ORDINANCE (2003-06-23/R-15)

 

WHEREAS, Section 5.12.1(a) of Chapel Hill’s Land Use Management Ordinance states that “All development within the boundaries of Chapel Hill’s Urban Services Area, as defined in the Comprehensive Plan, shall be served by a public water supply and a public sanitary sewer system.  No Zoning Compliance Permit or building permit shall be issued for any structure within the Town’s Urban Services Area (as defined in the Comprehensive Plan), absent evidence that the structure can be served by public water and sewer facilities;” and

 

WHEREAS, citizens have brought forward concerns about hardships that might be created by this provision for owners of existing dwelling units served by septic tanks;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for 7:00 p.m. on Monday, September 15, 2003, in Chapel Hill Town Hall, to consider amending language in Section 5.12.1(a) of the Land Use Management Ordinance.

 

This the 23^rd day of June, 2003.