AGENDA #6b

 

MEMORANDUM

 

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Acceptance and Referral of a Report from the Technical Advisory Committee Appointed to Study Revisions to the Stream Definitions and Field Verification Criteria in the Town Land Use Management Ordinance; and Scheduling a Public Hearing on Proposed Changes to the Stream Definitions and Verification Criteria in the Town Land Use Management Ordinance  

 

DATE:             June 23, 20 03

 

The preceding report provides recommendations from the Technical Advisory Committee appointed by the Town Council to study possible revisions in stream definitions and field verification in the Town’s Land Use Management Ordinance.  The report also suggests policy statements intended to improve the Town’s ability to consistently and predictably determine and verify stream classifications under a variety of circumstances.

 

We recommend adoption of Resolutions “A” and “B”:

 

-     Resolution A would receive and refer the report, and would thank the Committee for its work.

 

-     Resolution B would schedule a Public Hearing on September 15, 2003, to receive comments on proposed changes to the stream definitions and verification criteria included in the Town Land Use Management Ordinance.

 

BACKGROUND AND DISCUSSION

 

On April 24, 2003, the Council adopted a resolution authorizing the Manager to invite participation on a Technical Advisory Committee to review and recommend revisions, if necessary, to the Land Use Management Ordinance (LUMO) stream definitions and field verification criteria.  A significant area of change in the new LUMO regulations involves the Resource Conservation District and associated definitions and verification criteria used for classifying streams as perennial, intermittent, or ephemeral.  The establishment of the Technical Advisory Committee was the result of input from staff and citizens suggesting that the existing stream definitions and field verification criteria sometimes provide inconsistent results under different conditions and in different settings.

 

Town staff identified academic experts and experienced professionals who were willing to serve on the Committee to assist the Town in reviewing its regulations.  Subsequently, the Council appointed eight Committee members who began deliberating in May 2003.  This report, and the included recommendations and comments, represents the collective thinking of these Committee members who represent a broad range of expertise with regard to natural stream environments and associated evaluation/identification criteria.

 

MANAGER’S RECOMMENDATION

 

That the Council adopt Resolution A receive and referring the Technical Advisory Committee Report and Recommendations on Stream Definitions and Verification Criteria, and thanking the Committee for its work; and

 

That the Council adopt Resolution B scheduling a Public Hearing on September 15, 2003, to receive comments on proposed revisions to the stream definitions and verification criteria in the Town Land Use Management Ordinance.

 

 

RESOLUTION A

 

 

A RESOLUTION RECEIVING AND REFERRING THE TECHNICAL ADVISORY COMMITTEE REPORT ON STREAM DEFINITIONS AND VERIFICATION CRITERIA, AND THANKING THE COMMITTEE FOR ITS WORK (2003-06-23/R-18a)

 

WHEREAS,  the Council appointed a Technical Advisory Committee to study and make recommendations regarding revisions to the stream definitions and verification criteria included in the Town’s Land Use Management Ordinance; and

 

WHEREAS, the Committee completed its report and recommendations in May 2003 and presented it to the Council in June 2003;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith receives the Committee report and refers it to the Manager, Attorney and Planning Board for review and comment.

 

BE IT FURTHER RESOLVED that the Council expresses its gratitude and appreciation to the Technical Advisory Committee members:

 

·        Dr. James Gregory

·        Dr. Lawrence Band

·        Dr. Philip Burke

·        Mr. Ren Ivans

·        Mr. Jay Lawson

·        Mr. David Penrose

·        Dr. Seth Reice

·        Mr. Bob Zarzecki

 

for their creative and professional work in providing recommendations for revising the stream definitions and verification criteria in the Town’s Land Use Management Ordinance.

 

This the 23^rd day of June, 2003.

 

 

 

RESOLUTION B

 

 

A RESOLUTION SCHEDULING A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REVISIONS TO THE STREAM DEFINITIONS AND VERIFICATION CRITERIA INCLUDED IN THE TOWN LAND USE MANAGEMENT ORDINANCE (2003-06-23/R-18b)

 

WHEREAS, the Council of the Town of Chapel Hill has considered information provided and recommendations proposed  in the Technical Advisory Committee report on stream definitions and verification criteria included in the Town Land Use Management Ordinance; and

 

WHEREAS, the Town Manager has been directed to prepare proposed revisions to the Land Use Management Ordinance in accordance with the Committee’s recommendations;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith schedules a Public Hearing at 7:00pm on Monday, September 15, 2003, in the Council Meeting Room at Town Hall to receive public comment on proposed revisions to the Town Land Use Management Ordinance language regarding stream definitions and verification criteria.

 

This the 23^rd day of June, 2003.