HomeMy WebLinkAboutAgenda - 02-22-2010 - AgendaORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING AGENDA
February 22, 2010
7:00 P.M.
Central Orange Senior Center
103 Meadowlands Drive
(Adjacent to the Triangle Sportsplex)
Hillsborough, North Carolina
NOTE: Information is
Available in the Planning
Department or the
Clerk's Office
NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is
available on request. If you need this assistance, please call the County Clerk's
Office at 732 -8181 or 967 -9251.
A. OPENING REMARKS FROM THE CHAIR
B. PUBLIC CHARGE
The Board of Commissioners pledges to the citizens of Orange County its respect. The
Board asks its citizens to conduct themselves in a respectful, courteous manner, both
with the Board and with fellow citizens. At any time should any member of the Board or
any citizen fail to observe this public charge, the Chair will ask the offending member to
leave the meeting until that individual regains personal control. Should decorum fail to
be restored, the Chair will recess the meeting until such time that a genuine
commitment to this public charge is observed. All electronic devices such as cell
phones, pagers, and computers should please be turned off or set to silent/vibrate.
C. PUBLIC HEARING ITEMS
1. Zoning Ordinance and Atlas Amendment and Comprehensive Plan — Land Use
Element Text and Map Amendment: To receive public comments on proposed text
amendments to Section 4.2.27 (Watershed Protection Overlay Districts) and Article 22
(Definitions) of the Zoning Ordinance and Chapter 5 of the 2030 Comprehensive Plan —
Land Use Element. Application of the revised text will result in changes to the Zoning
Atlas and Land Use Element Map. The purpose of the amendments is to:
A. Revise the Watershed Protection Overlay Districts pertaining to "Critical Area."
B. Revise and add definitions pertaining to watersheds, critical area, and water supply
reservoirs.
C. Use best available technology to map written descriptions of Watershed Critical
Areas.
D. Correct general typographical errors in Section 4.2.27.
D. ADJOURNMENT OF PUBLIC HEARING
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 22, 2010
Action Agenda
Item No. 1
SUBJECT: Upper Eno Watershed Critical Area - Zoning Ordinance and Atlas Amendment
and Comprehensive Plan Land Use Element Text and Map Amendment
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S):
1. Proposed Zoning Ordinance Text and
Map Amendments
2. Proposed Comprehensive Plan Text and
Land Use Element Map Amendments
3. Various Maps
4. Document Regarding Water Supply
Watershed Protection in Orange County
5. Property Owner Letters and Notification
Certification
6. Planning Board Ordinance Review
Committee Summary Notes
7. Relevant Supporting Objectives of the
2030 Comprehensive Plan
8. Table of Zoning Ordinance Requirements
for Watershed Protection Overlay
Districts
INFORMATION CONTACT:
Craig Benedict, Director
Perdita Holtz, Planner III
245 -2592
245 -2578
PURPOSE: To hold a public hearing on County initiated amendments to certain Sections of
the Zoning Ordinance, the Zoning Atlas, and Chapter 5 of the 2030 Comprehensive Plan Land
Use Element Text and Map. Specifically, the following portions of the Zoning Ordinance text are
proposed for amendment:
• Section 4.2.27 (Watershed Protection Overlay Districts)
• Article 22 (Definitions)
Application of the text amendments will result in changes to the Watershed Protection Overlay
District boundary depicted on the official Zoning Atlas and on the Land Use Element Map of the
2030 Comprehensive Plan. The proposed text changes in "Track Changes" format are included
in Attachments 1 and 2. The existing and proposed Critical Area boundaries are depicted on
Map 3.1 in Attachment 3. Map 3.2 depicts areas proposed for inclusion into or removal from the
Critical Area designation.
BACKGROUND: At the August 24, 2009 Quarterly Public hearing (non - public hearing portion
of the agenda); staff presented the proposed work plan to begin .implementation of the adopted
small area plans. Changes to the "Critical Area" of the Upper Eno watershed is one of the
4
higher priority items to accomplish further implementation of the Efland- Mebane Small Area
Plan which calls for a re- evaluation of the Critical Area boundary for Seven Mile Creek.
The current Critical Area boundary is based upon a potential reservoir (1987 Study) being
created on Seven Mile Creek and the full pool elevation of the reservoir was used as the
calculation point for the'/ -mile Critical Area boundary in 1994. Staff gave a presentation on this
topic at the October 13, 2009 BOCC work session and the BOCC directed staff to proceed with
the proposed amendments.
At the time the initial Critical Area boundary was adopted (1994), the Town of Hillsborough was
going through the process of deciding which potential reservoir site on the Upper Eno River
should be chosen for its needed reservoir. The County adopted a Critical Area boundary that
protected three identified potential reservoir sites (see Map 3.4 in Attachment 3):
• West Fork on the Eno
• Eno River above McGowan Creek
• Seven Mile Creek
Ultimately, the Town chose to build its reservoir on the West Fork on the Eno site, which was
constructed to allow for a future Phase II expansion. The Town has no plans to construct an
additional reservoir. For this reason, County staff is suggesting that references to potential
reservoir sites be removed from the Zoning Ordinance text and that the Critical Area boundary
be amended accordingly. .
State and County Critical Areas
When the Critical Area text and map boundary was adopted by the BOCC in 1994 in response
to State mandates to protect Class I Water Supply Reservoirs, Orange County opted to adopt
protection measures beyond the State - required minimum. A local government is permitted to do
so under the State Rules. Staff is suggesting that the County regulations more clearly indicate
that a portion of the Critical Area is State - required while other portions are County- designated.
It should be noted that both State - required and County- designated Critical Areas are proposed
to be subject to the same regulations. Map 3.3 in Attachment 3 depicts the State - required and
County- designated Critical Areas.
New Definitions
Staff is suggesting the Zoning Ordinance text be amended to reflect new technically descriptive
criteria for the County- designated Critical Areas. Specifically, staff is suggesting that Class II
reservoirs (West Fork on the Eno and Lake Orange) receive the same protection as Class I
reservoirs (Corporation Lake and Lake Ben Johnson). The amendments to Article 22
(Definitions) of the Zoning Ordinance (see Attachment 1) includes the technical definitions of
Class I and Class II reservoirs. In layman's terms, the difference between the two types of
reservoirs is that the intake pipe for a water treatment plant is located in the Class I reservoir. A
Class 11 reservoir does not contain the intake pipe. Staff is also suggesting that certain
important streams receive County- designated Critical Area protection. Staff is proposing this be
accomplished by protecting streams of a certain hierarchy (stream order). Attachment 4 is a
staff "white paper" that further explains why this is important.
3
Comprehensive Plan Consistency
A Text Amendment to Chapter 5. Land Use Element of the Orange County 2030 Comprehensive
Plan is also being proposed to revise existing Conservation Land Use Categories and add additional
Categories /Definitions to be consistent with the changes proposed for water supply watersheds,
reservoirs, and critical area in the Zoning Ordinance. Attachment 2 contains the proposed changes
to the 2030 Comprehensive Plan.
Attachment 7 contains several supporting Objectives of the 2030 Comprehensive Plan.
Rationale For Amendments
Rationale for the proposed amendments include:
• Matching the Zoning Ordinance text with the Zoning Atlas (map). The present Zoning
Atlas does not match the text language, which can lead to disputes.
• Clarifying and adding definitions pertaining to watersheds, critical area, and water supply
reservoirs.
• Using best available technology to map clearly written descriptions of Watershed Critical
Areas.
• Correcting general typographical errors in Section 4.2.27.
• Revising the Watershed Protection Overlay Districts pertaining to "Critical Area."
• Protecting headwaters of fragile water supply and groundwater resources.
• Improving water quality for consumption and endangered aquatic species.
• Ensuring the 2030 Comprehensive Plan and Zoning Ordinance contain similar provisions
in regards to Watershed Protection Overlay Districts with this concurrent amendment.
Effects of New Criteria
The proposed revised criteria in Section 4.2.27 of the Zoning Ordinance will change existing
boundaries of Critical Areas in the Upper Eno watershed. If the amendments are adopted, some
properties (2,274 acres) will be removed from "Protected" designation and placed into "Critical Area"
designation. Other areas (1,154 acres) will be removed from "Critical Area" and placed in the
"Protected" designation. It should be noted that in the Upper Eno watershed, all properties are
classified as either "Protected" or "Critical Area" under the Watershed Protection Overlay District
regulations.
Adoption of these amendments will result in an increase of designated Critical Areas in the
Upper Eno watershed of approximately 8% (13,230 acres in 1994 boundary; 14,350 acres in
2010 boundary, an increase of 1,120 acres). The entire Upper Eno watershed is comprised of
approximately 38,500 acres.
The protection criteria proposed by staff in Section 4.2.27 is expected to result in the following
positive environmental impacts:
• Reduced sediment
• Slowed eutrophication by reduction of nutrients such as Nitrogen and Phosphorus
Larger streams (third order and higher) have been suggested for protection within certain
distances from Class I reservoirs because these streams have a:
• Greater capacity to transport pollutants
• Greater capacity in the event of a spill to rapidly affect a down stream water supply
4
If adopted, the proposed amendments will:
• Continue Orange County's long history of water resource and environmental protection,
especially in the Upper Eno and Seven Mile Creek confluence natural areas. Portions of
the Seven Mile Creek and Upper Eno areas have been designated significant natural
heritage areas and the County currently owns more than 300 acres in these areas for the
purpose of permanently protecting the lands through open space. Planning staff has
worked with staff of ERCD on these proposed amendments.
• Release some lands identified for growth and economic development in the Efland area
from "Critical Area" designation.
• Accurately reflect the fact that potential reservoir sites were designated for protection in
1994 while the Town of Hillsborough was deciding,where to site its needed reservoir.
The Town's reservoir has since been constructed and the Town has no plans to site an
additional reservoir.
Attachment 8 contains a chart showing the basic zoning regulation differences between the
"Protected" and "Critical Area" designations. The most salient differences between the two
designations are maximum density and impervious surface limits.
Zoning Officer Analysis
As required under Section 20.3.3 of the Orange County Zoning Ordinance, the Zoning Officer is
required to: 'cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of County
Commissioners'. In analyzing this proposal, the following information is offered:
1. Staff was authorized by the BOCC at the October 13, 2009 work session to initiate the
proposed amendments in order to further implement the adopted Efland- Mebane Small
Area Plan.
2. The request for the amendments has been deemed complete in accordance with the
requirements of Article 20 of the Zoning Ordinance.
3. The proposed language will bring the Zoning Ordinance and Comprehensive Plan. Text
up -to -date in regards to current reservoir plans in the Upper Eno watershed. Additionally,
the proposed language will provide protection to sensitive water resources that flow into
water supply reservoirs.
4. Applying the proposed language to the Watershed Protection Overlay District will result in
an up -to -date Zoning Atlas and Comprehensive Plan Land Use Element Map upon which
citizens can rely because of technical and descriptive language.
5. The amendments correct inconsistencies between the Zoning Ordinance text and Zoning
Atlas (map).
Notification Procedural Requirements
In accordance with Articles 2 and 20 of the Zoning Ordinance, the public hearing for this item
was advertised consistent with the requirements of the Ordinance. Legal ads were placed in
two newspapers of general circulation in the County for two (2) successive weeks; notices were
mailed to affected property owners and property owners within 500 -feet of affected properties;
and a total of 40 signs were posted in strategic areas of the affected areas, in accordance with
State statutes. Attachment 5 includes the following:
5
• Notification letters
— one for property owners whose property is proposed for inclusion into the
Critical Area (approximately 400 individual owners)
— one for property owners whose property is proposed for removal from the
Critical Area (approximately 265 individual owners)
• Notification postcards (6" x 11") for property owners within 500 -feet of affected
property (approximately 1,010 individual owners)
• The proof of the notification signs (sign is 24" tall x 32" wide, mounted on a wire "H"
frame) and photos of three posted signs
• A map showing locations of posted signs
Additional Public Outreach Efforts
Planning staff will hold an "open house" style Public Information Meeting on Wednesday,
February 17, 2010 to provide interested persons the opportunity to speak one -on -one with
Planning staff in an informal setting. The meeting will be held in the new West Campus County
Office Building at 131 W. Margaret Lane in Hillsborough from 4:30 to 6:30 p.m. A staff
presentation will be made at 5:30 p.m. Notice of this Public Information Meeting was included in
the legal ad, mailed notification letters /postcards, and on the website created for this project..
Planning staff created a website for the project to provide information and maps to interested
persons. The site was up and running beginning on Friday, February 5, 2010 at:
hftp://www.co.orange.nc.us/pIanning/Critica[AreaAmendments.asp
Planning Board Ordinance Review Committee:
Staff presented the proposed amendments to the Planning Board Ordinance Review Committee
(ORC) on January 6, 2010. The Summary Notes for the meeting are included in Attachment 6.
The ORC's main concern is the possibility that formally removing the previously identified
potential reservoirs from County- designated Critical Area protection may preclude construction
of future reservoirs. Planning staff has pointed out:
• There are other potential reservoir sites in Orange County slated for future use as
reservoirs (i.e., quarry site on Highway 57 and American Stone quarry site on Highway
54)
• The County has an allocation of one million gallons per day from Jordan Lake which is
not being exercised at this time. It is possible to use this water through existing inter-
connections and inter -local agreements (to be developed) in the future if necessary or
desirable.
• Amending the Critical Area line does not preclude future development of an additional
reservoir(s) in the Upper Eno watershed. Rather, if a reservoir were constructed in the
future, the Critical Area boundary could be amended as needed at that future time.
• The County- designated Critical Areas continue to protect the vast majority of potential
reservoir sites in the Upper Eno watershed.
0
FINANCIAL IMPACT: Funds for Small Area Plan implementation were included in the FY09 -10
Budget. Following is a breakdown of expenditures related to the required notifications on this
project:
• Legal Ad: approximately $1875
• Signs: $917
• Postage for Mailed Notifications: $737
• Printing of Notification Postcards: $116 (professionally printed and cut down to size
using cardstock Planning Department had on hand)
• Notification letters (paper, printing, labels, envelopes): used supplies Planning
Department had on hand
• Total staff time used for all aspects of notification process: approximately 65 hours
Staff time to research, write, coordinate, and map the amendments was significant and was
accomplished using existing Planning staff included in the Departmental staffing budget.
RECOMMENDATION: The Zoning Officer recommends the Board:
1. Receive the proposal to amend the Zoning Ordinance Text and Atlas and Chapter 5 of
the 2030 Comprehensive Plan Land Use Element Text and Map.
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the County Board of Commissioners in time for the June 1, 2010 BOCC regular
meeting.
4. Adjourn the public hearing until June 1, 2010 in order to receive and accept the Planning
Board's recommendation and any submitted written comments.
Proposed Amendments to Section 4.2.27 of the Zoning Ordinance
(additions are underlined, deletions are in strike - through text)
*4.2.27 WATERSHED PROTECTION OVERLAY DISTRICTS
*Amended
1/1/94 a) Intent
Attachment 1 7
The purpose of the Watershed Protection Overlay Districts is to
prevent significant future water quality deterioration in existing or potential
future drinking water reservoirs which receive stormwater runoff from land
within Orange County. Protection of all water supplies within the State in
accordance with minimum standards was mandated by the Watersupply
Watershed Protection Act passed by the General Assembly in 1989. The
quality of water in drinking water reservoirs can be affected by human
activities including farming, 'Construction of highways and roads,
subdivision development, industrial development, and other land- disturbing
activities. Types of water pollutants resulting from these activities include
sediment, bacterial contamination, heavy metals, synthetic organic
compounds and low -level radioactivity.
The intent of the Pretested- Watershed Protection Overlay Districts is to
apply a set of regulations involving land use and in some cases, structural
best management practices which protect the watersheds by reducing the
pollution from future development which enters drinking water supplies.
Land use management practices involve minimum lot size and impervious
surface restrictions, since impervious surfaces such as roads, roof tops and
driveways are a major source of pollution. Structural best management
practices allow for more intensive land use by providing for temporary
detention of stormwater runoff so that pollutants may settle.
b) Application Criteria
The detested Watershed Protection Overlay Districts as established in
Article 4- 214.2.27 overlay other zoning districts established in this
Ordinance. The new use of any land or new structure within any PFeteGted
Watershed Protection Overlay District shall comply with the use regulations
applicable to the underlying zoning district as well as the requirements of
the applicable Watershed Protection Overlay District.
A Watershed Protection Overlay District will be applied to the Orange
County portion of watershed which have been classified as WS -II, WS -III or
WS -IV watersheds by the North Carolina Environmental Management
Commission in its implementation of the Watersupply Watershed
Protection Act of 1989. In accordance with the State Mandate, thirteen (13)
Watershed Protection District Overlays, as listed in the following table, are
hereby established.
Areas designated as "Critical Area" under the Orange County designation
are hereby established using the following criteria:
1
• The land area in the Upper Eno watershed (straight line distance) within
one -half mile of the normal pool elevation (NPE), or nearest available
contour line used for the calculation, of an existing Class I or Class li
reservoir or proposed water supply reservoir designated for protection
or the ridgeline of the sub - watershed, whichever is less, and
• The land area within one -half mile on each side for an upstream
distance of 2.5 miles (straight line distance) of any fifth order or higher
stream flowing into a Class I reservoir, or the ridgeline of the sub -
watershed, whichever is less, and
• The land area within one -half mile on each side of a fourth order or
higher stream flowing between any Class II and Class I reservoir; and
• The land area within one -half mile on each side for an upstream
distance of 1.5 miles (straight line distance) of a third or fourth order
stream flowing directly into any Class I reservoir: and
• The land area within one -half mile on each side for an upstream
distance of 1.0 mile (straight line distance) of a third or fourth order
stream flowing into a fourth order or higher stream that is within 1.0
miles (straight line distance) of a Class I reservoir: and
• Any isolated areas within the critical area boundary.
• Areas designated as Transition Areas on the Land Use Element Map of
the Orange County Comprehensive Plan are excluded from designation
as a Critical Area, except for land areas located within one -half mile
from the normal pool elevation of a Class I reservoir.
The designation of "Protected" applies to areas of watersheds classified as
WS -II, WSIII, or WS -IV outside of areas designated as "Critical Area."
DISTRICT
GENERAL LOCATION
UNIV -CA
University Lake Critical
One -half mile from the normal pool elevation
Area Overlay District
of University Lake, or to the ridgeline of the
watershed, whichever is less.
UNIV -PW
University Lake Protected
The portion of the drainage basin of
Watershed Overlay
University Lake not covered by UNIV -CA.
District
CANE -CA
Cane Creek Critical Area
One -half mile from the normal pool elevation
Overlay District
of Cane Creek Reservoir, or to the ridgeline
of the watershed, whichever is less.
CANE -PW
Cane Creek Protected
The portion of the drainage basin of Cane
Watershed Overlay
Creek Reservoir not covered by CANE -CA.
District
U- ENO -CA
Upper Eno Critical Area
One -half mile from the normal pool elevation,
Overlay District
or to the ridgeline of the watershed,
whichever is less, of the following Class I
reservoirs: Corporation Lake (538' actual
NPE 540' contour line used) and Lake Ben
Johnson (515' NPE and contour line used).
One -half mile (straight line measurement)
from the normal pool elevation, or to the
ridgeline of the watershed, whichever is less,
of the following Class II reservoirs: Lake
Orange (615' NPE and contour line used)
and West Fork on the Eno (643' NPE, 640'
contour line used) ; and the land area within
one -half mile (straight line measurement) on
each side of other streams designated for
protection. These protected streams
include portions of: Eno River, Seven Mile
Creek West Fork of the Eno River, East
Fork of the Eno River, Rocky Run, Stream
ID 1625 Stream ID 1498, Dry Run Creek,
Crabtree Creek, and Stream ID 2109.-
, and PMORtial Fese _i
i +en the West FeFk of the 1PnPer ERe
on
Seven M*le GFeeL er to the ridgeline of the_Y
less. wate shed, Wh*GheyeF *s
U- ENO -PW
Upper Eno Protected
The portion of the Upper Eno drainage basin
Watershed Overlay
QFange, G9FPOratien Lake, West FeFk of the
Upper Eno end SeVeR e
Mile GFeL not
v v vv
covered by U- ENO -CA.
10
L- ENO -PW
Lower Eno Protected
The Orange County portion of the Eno River
Watershed Overlay
Watershed within ten miles of the City of
District
Durham Emergency Water Intake east of US
501 (Roxboro Road).
LITTLE -PW
Little River Protected
The portion of drainage basin of the Little I
Watershed Overlay
River Reservoir which is located in Orange
District
County.
BACK -PW
Back Creek Protected
The portion of the drainage basin of Back
Watershed Overlay
Creek which is located in Orange County.
District
HYCO -PW
South Hyco Creek
The portion of the drainage basin of South
Protected Watershed
Hyco Creek which is located in Orange
Overlay District
County.
FLAT -PW
Flat River Protected
The portion of the drainage basin of the Flat
Watershed Overlay
River which is located in Orange County.
District
HAW -PW
Haw River Protected
The portion of the drainage basin for the
Watershed Overlay
Haw River which is located in Orange
District
County.
JORDAN-
Jordan Lake Protected
The Orange County portion of the Jordan
PW
Watershed Overlay
Lake Watershed which extends five miles
District
from the normal pool elevation of the
impoundment.
Proposed Amendments to Article 22 of the Zoning Ordinance (additions are
underlined, deletions are in strike - through text)
Amended
1/4194
ARTICLE 22
DEFINITIONS
Critical Area, County Designated - The land area within one -half mile of the
normal pool elevation (or designated elevation) of an existing Class II water supply
reservoir, or the ridgeline of the watershed, whichever is less; and the land area
within one -half mile of the normal pool elevation (or designated elevation) of a
proposed water supply reservoir designated for protection, or the ridgeline of the
watershed, whichever is less, and the area within one -half mile of streams flowing
into Class I reservoirs, as designated for protection within the Zoning Ordinance.
Critical Area, State Required - The land area within one -half mile of the normal
pool elevation of water supply impoundmeFWeservoirs in
which an intake is located (i.e., Class I reservoirs), or the ridgeline of the
watershed, whichever is less.
Reservoir, Class I - A body of water, such as a pond or lake confined by a dam
or other barrier to be used for public water supply from which water flows by
gravity or is pumped directly to a treatment plant or to a small intervening storage
basin and thence to a treatment plant.
Reservoir, Class II - A body of water, such as a pond or lake confined by a dam
or other barrier to be used for public water supply from which water flows by
gravity or is pumped to a Class I reservoir prior to final entrance to a water
treatment plant.
Stream Order - A ranking of the relative sizes of streams within a watershed
based on the nature of their tributaries. The smallest unbranched tributa is
called first order, the stream receiving the tributary is called second order, and so
on.
Amended
1/4/94 Watersupply Watershed (or Protected Watershed) Land that drains to existing
reservoirs which are public water supplies or potential reservoir sites or stream intakes
which have been designated for protection. All such lands have been classified by the
Environmental Management Commission as WS -II, WS -III or WS -IV watersheds and
require protection in accordance with the State Mandate.
11
13
Excerpt from Orange County 2030 Comprehensive Plan
Chapter 5. Laiid Use E[ernent
Attachment 2
Extractive Use
Land designated to encompass operations designed primarily for the
mining and quarrying of those substances which are legally removable
from the ground and substrata.
Agricultural Areas
Land which is actively being used for farming an forestry purposes and
which qualify for or are listed for, use value taxation purposes.
Stoney Creek Basin
Land within the boundaries of the 4,696 acre Stoney Creek Drainage
Basin southeast of the Town of Hillsborough in portions of
Hillsborough, Eno, and Chapel Hill Townships. The area is triangular
in shape and is bound generally by 1 -85 to the north, the University
Spur of Southern Railroad to the east, and NC Highway 86 to the west.
CONSERVATION LAND USE CATEGORIES
Public Interest Area
Land which contains public or quasi - public uses such as publicly
owned land, research forests or known archaeological or historical
sites.
Water Supply Watershed
Land draining to existing reservoirs which serve as public water
supplies, or to potential reservoir sites or stream intakes for drinking
water withdrawal which have been designated for protection against
threats to the water quality of future water supplies, in accordance
with County watershed protection programs and the North Carolina
Water Supply Watershed Protection Act of 1989.
Watershed Critical Area County Designated
The land area within one -half mile of the normal pool elevation (or
desianated elevation) of an existing Class II water supply reservoir, or
the ridgeline of the watershed whichever is less: and the land area
within one-half mile of the normal pool elevation (or designated
elevation) of a proposed water supply reservoir, or the ridgeline of the
watershed whichever is less; and the area within one -half mile on each
side of streams flowing into Class I reservoirs as designated for
protection within the Zoning Ordinance.
Watershed Critical Area State Required
The land area within one -half mile of the normal pool elevation of
existing or proporsed public water supplytrttreservoirs in
which an intake is located lie Class I reservoirs), or the ridge line of
the watershed, whichever is closest to the normal pool elevation of the
reservoir.
Reservoir. Class I
14
e „.
Attachment 2
Chapter 5. Land Use Element
A body of water, such as a pond or lake confined by a dam or other
barrier to be used for public water supply from which water flows by
gravity or is pumped directly to a treatment plant or to a small
intervening storage basin and thence to a treatment plant
Reservoir. Class If
A body of water, such as a pond or lake confined by a dam or other
barrier to be used for public water supply from which water flows by
gravity or is pumped to a Class I reservoir prior to final entrance to a
water treatment plant.
Resource Protection Area
Land designated as Primary Conservation Area which contains
sensitive environmental resources, historically significant sites, and
features considered unbuildable because of their limitations or
unsuitability for development. This includes wetlands and floodplains
along drainage tributaries, steep slope areas, (15% or greater), natural
areas, wildlife habitats and corridors, and significant historic and
archaeological sites. These areas form the basis for a conservation
network within which other land uses are situated.
New Hone Creek Corridor Open Space
Some of the land in the Resource Protection Areas and a portion of the
Public Interest Area designated as significant and worthy of protection
according to the New Hope Corridor Open Space Master Plan
completed in April of 1991. This classification is part of a system of
open space in Durham and Orange Counties along New Hope Creek
and its tributaries between Eno River State Park and U.S. Army Corps
of Engineers land north of Jordan Lake. The New Hope Corridor Open
Space is made up of critical environmental areas such as stream beds,
floodplains, steep slopes, and larger tracts of historic, educational, or
recreational value.
For each land use classification, sets of criteria have been developed that describe
the physical and environmental context, the projected population change, and
resulting land requirements. (See Appendix G: Land Use Plan Category Locational
Criteria.)
Map 5 -4: Land Use Map, designates the areas where these classifications are
applied.
flak
MY -W i
d
Arik
'�
VIA Volt
Arpt
001 -�v r` 20 Year t
i Rte' �r r L '�
We
Xv
` y
1!1rce Prot
ty 2% 1:3 Munki
n Limit,
Pub
It Areas
Amu, 4.
!!Af-_ ti ji r
to Ru Community Nod,
lndustrlQi Nod,
AL ftco
r�,74 MV 1 1
� �► ,. 1
-birt Pi'-11V Ale.
Z o
y 2 nj
�.
3
4
1 inch _ Miles
a ham Coin o��ae 2.75 miles
soP» ass d w "aLm c an -ntl,;'axnw Q•� ° --
Go�be� Ppmyro anvyrir� °Ma Pnntetl FeM`im� o,..,__ I
m
0
r
FM
Attachment 4 25
WATER SUPPLY WATERSHED PROTECTION IN ORANGE COUNTY
Terry Hackett, Stormwater Resource Officer
Erosion Control Division - Orange County Planning and Inspections
January 2010
Introduction
Orange County is often referred to as a "headwater' county, meaning the county is located at
the upper end of larger watersheds or river basins. Most streams actually originate in the county
rather starting elsewhere and simply flow through. This is an important distinction because of
the designated water supply reservoirs located downstream. Equally important are the water
supply reservoirs located within the county. For these reasons protecting water quality has been
an important aspect in planning development and land use within Orange County.
Headwater Streams and Watershed Health
Research suggests that headwater streams play a critical role in the overall health of
watersheds. Headwater areas influence the supply, transport and quality of water downstream
(Alexander, et al., 2007). Many natural biological, chemical and microbial processes occur in
these headwater streams, making them vulnerable to land use changes. Research suggests
that protecting these areas are vital in maintaining downstream water quality and aquatic
ecosystem health. Headwater streams are critical for maintaining ecological health and
biodiversity of watersheds (Doppelt, et al., 1993). In Orange County, this is even more
significant because our watersheds are relatively small and the streams draining them become
critical elements in protecting water quality within the watershed.
Need for Protecting Larger Streams
Protecting small first and second order headwater streams is only one aspect of a successful
watershed protection program. Protecting larger, perennial streams such as third, fourth, and
fifth order streams is also necessary. Higher order streams are typically perennial and contain
higher flow. Perennial stream flow often equates to higher diversity in aquatic species,
especially fish, mussels and crustacean species. Greater species diversity relates to better
stream health and provides recreational opportunities, such as fishing.
Larger streams can be more susceptible to spills and other pollutants. Studies indicate that
larger streams have fewer biological, chemical and microbial processes occurring compared to
first order streams. Thus, larger streams have less ability to remove or reduce a pollutant before
transporting it downstream through higher stream flow. For instance, a chemical spill in a
headwater stream, while bad for the environment, typically has a greater chance that natural
processes can conceivably reduce the impact when compared to a spill that reaches a higher
order stream with higher stream flow. Higher stream flow equates to faster transport rates of the
pollutant, which in turn increases the likelihood of that pollutant reaching a downstream water
supply reservoir.
For these reasons, the state of North Carolina requires protection zones upstream of surface
water intakes. There are two basic zones, a "critical area" and "watershed protection area ".
Critical areas are designated Y2 mile upstream of an intake and include both water and land.
Critical areas are given more stringent protection since there may be limited time for a water
plant operator to react to a spill and shut down the intake. Beyond the critical areas are
Page 1 of 3
26
watershed protection zones, which can vary based on potential sources of pollutants.
Watershed protection areas occur from beyond the critical area allowing an operator to shut
down should a spill or other water quality issue arise. Protecting streams between reservoirs is
equally important as protecting the reservoirs themselves.
Excess Nutrients and Eutrophication
Many reservoirs in the southeast are susceptible to eutrophication. Eutrophication is caused by
an increased concentration of nutrients within a lake or reservoir that in turn increases algal
growth and subsequently reduces water quality. In fact, as algae goes through their life cycle
and die off, dissolved oxygen in the water can be greatly reduced, causing fish kills and other
adverse impacts. While this is a natural process, changes in land use can greatly increase
nutrients reaching a reservoir and accelerate eutrophication. Increased impervious surface area
leads to decreased stormwater runoff infiltration, which in turn leads to increased nutrient load in
stormwater runoff reaching surface waters. This is currently happening to both Jordan and Falls
lakes.
Excess nutrients are a problem in many watersheds and therefore researchers have looked at
sources, impacts and reduction strategies. Research has shown that headwater streams
contribute a larger percentage of nitrogen compared to higher order streams (Alexander, et al.,
2007). However, due to various biological, chemical, and microbial processes occurring in these
smaller streams, less nitrogen may be delivered downstream. On the contrary, higher order
perennial streams, while contributing less nitrogen, actually transport more due to stream flow
and fewer natural processes occurring in larger streams (Alexander, et al., 2000). This
underscores the need for protecting both headwater and larger streams, but they may require
different methods to protect them.
Watershed Protection Measures
One protection method includes riparian buffers. Forested buffers along streams can reduce
nitrogen loading from stormwater runoff. To be most effective, stormwater runoff needs to
infiltrate where soil processes remove more nitrogen (Mayer, et al., 2005). Stream buffers also
reduce erosion and sediment reaching streams. They are particularly important in temperature
regulation of perennial streams. Shade from trees maintained along streams keeps surface
water cooler and cooler water contains more dissolved oxygen that is needed by fish and other
aquatic species. Stream buffers are especially useful in protecting smaller headwater streams,
helping to maintain the natural biological, chemical and microbial processes that occur in these
streams.
Riparian buffers are also important for larger streams, but due to the reasons previously
discussed, other protections may be warranted. Since excess nutrients (especially nitrogen) are
a major concern locally and larger streams have increased transport rates due to stream flow,
buffers may not be able to assimilate all of the excess. Encouraging infiltration of stormwater
runoff is key. Managing imperviousness by allowing lower development densities can
encourage greater infiltration. Preservation of open space and cluster development also
encourages infiltration of runoff. This is why the state prescribes watershed protection areas
beyond the designated critical area. These protection measures, such as lower density and
lower imperviousness, regulate both land and water resources that can adversely affect water
quality within water supply reservoirs.
Page 2 of 3
Groundwater Benefits
27
These protection . measures also help to maintain groundwater quantity and quality. By
encouraging infiltration, more water soaks into soils where it eventually becomes available for
potable use by installing wells. As stated above, when runoff infiltrates into the ground, natural
processes help to filter the water so that it is cleaner. During dry periods groundwater provides
base flow to streams. Thus, by encouraging more runoff to infiltrate the effects of drought on
streams and other surface waters can be reduced.
Conclusion
Protecting water supply sources within and downstream of Orange County has been a priority of
local staff and officials. Since land use does not remain static, periodic review of watershed
protection measures are warranted. As potential pollutant sources change, protection measures
may need to change. As described above, protection measures must be appropriately applied to
both large and small streams and land use draining to them. Without this level of planning, both
surface water and ground water quantity and quality cannot be maintained nor improved.
References
Alexander, et al, 2000. Effect of Stream channel Size on the Delivery of Nitrogen to the Gulf of
Mexico. Nature, Volume 43.
Alexander, et al., 2007. Role of Headwater Streams in Downstream Water Quality. Journal of
the American Water Resources Association. 2007
Dopplet, Bob: et. Al. 1993. Entering the Watershed: A New Approach to Save America's River
Ecosystems. Island Press. 462pp.
Mayer, et al., 2005. Riparian Buffer Width, Vegetative Cover and Nitrogen Removal
Effectiveness: A Review of Current Science and Regulations. U.S. EPA, Office or
Research and Development, National Risk Management Research Laboratory.
Page 3 of 3
29
Attachment 5
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
C*", Administration 131 W. Margaret Lane
(919) 245 -2675 Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us Hillsborough, NC 27278
CERTIFICATION OF MAILING
ZONING ATLAS and COMPREHENSIVE PLAN LAND USE ELEMENT MAP
AMENDMENTS
ORANGE COUNTY, NORTH CAROLINA
I, Perdita Holtz, Planning Systems Coordinator with Orange County, North Carolina, DO
HEREBY CERTIFY that in accordance with the provisions of Articles 2 and 20 of the Orange
County Zoning Ordinance I have mailed, or have caused to be mailed, a Notice of Public
Hearing to be held regarding the processing of a Zoning Atlas and Comprehensive Plan
Land Use Element Map Amendment petition initiated by Orange County to amend the
"Watershed Critical Area" boundary in the Upper Eno watershed.
The owners were identified according to the Tax Records and as required by Article Twenty
(20), of the Orange County Zoning Ordinance.
The mailed notice specified the date, time, place and subject of the Public Hearing
WITNESS my hand, this 5th day of February 2010.
PPqd-q4t&,
Perdita H6 , AI
Planning Systems Coo orator
31
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
®�ap4e, �a�AA
Administration t 131 W. Margaret Lane
(919) 245 -2675 u S2 Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us `fa 6a= Hillsborough, NC 27278
February 5, 2010
NOTICE OF PUBLIC HEARING and
Public Information Meeting
Comprehensive Plan — Land Use Element Text and Map Amendments and
Zoning Ordinance and Atlas Amendments
Pertaining to Watershed Critical Areas
Dear Property Owner:
This letter is to notify you of an upcoming public hearing pertaining to proposed
Comprehensive Plan (Land Use Element Map) and Zoning Atlas changes that affect
your property. This notification is occurring in accordance with Articles 2 and 20 of the
Orange County Zoning Ordinance.
Orange County is proposing regulatory amendments to "Watershed Critical Areas" that
will affect the Upper Eno watershed. A list of regulatory sections proposed for
amendment is included at the end of this letter. These proposed amendments will result
in changes to the current boundary of the Upper Eno Watershed Critical Area. Your
property, or a portion thereof, is proposed to be included in a Watershed Critical
Area. Additionally, your property may be located within 500 -feet of other affected
parcels. This action, if approved by the Board of County Commissioners, will result in a
change to which zoning regulations (such as maximum density and impervious surface
limits) your property is subject to. Maps, text changes, and other information regarding
.the proposed changes can be viewed at the following website:
hftp://www.co.oran.ge.nc.0 s/ planning /CriticalAreaAmendments.asp
The Orange County Board of Commissioners and Planning Board will hold a Joint
Public Hearing on the proposed changes on Monday, February 22, 2010 at 7:00 p.m.
at the Central Orange Senior Center located at 103 Meadowlands Drive in Hillsborough,
North Carolina. Interested persons are invited to address the boards with their
comments regarding the proposed amendments at this Joint Public Hearing.
Prior to the public hearing, Planning Department staff will hold a Public Information
Meeting to provide interested persons with an opportunity to speak with Planning
Department staff individually and to have amendments clarified on an individual basis.
The Public Information Meeting will be held on Wednesday, February 17, 2010 in the
32
new West Campus County Office Building at 131 West Margaret Lane in Hillsborough,
North Carolina. The meeting will be held in the Lower Level Conference Room from
4:30 to 6:30 p.m. with a staff presentation scheduled for 5:30. Free parking for persons
conducting business with the County is located either in front of the building or in
spaces 40 through 80 of the adjacent parking deck.
If you cannot attend the Public Information Meeting on February 17 and the website
does not answer your questions about the proposed amendments, you may call (9 19)
245 -2575 during regular business hours and you will be directed to a staff person who
can assist you.
Sincerely,
Craig N. Benedict, AICP
Planning Director
Zoning Ordinance Sections proposed for amendment:
• Section 4.2.27 (Watershed Protection Overlay Districts)
• Article 22 (Definitions)
The purpose of the amendments is to:
A. Revise the Watershed Protection Overlay Districts pertaining to "Critical Area."
B. Revise and add definitions pertaining to watersheds, critical area, and water supply
reservoirs.
C. Use best available technology to map written descriptions of Watershed Critical Areas.
D. Correct general typographical errors in Section 4.2.27.
Application of the proposed revised criteria in Section 4.2.27 will change existing boundaries of
Critical Areas in the Upper Eno watershed on the Zoning Atlas and Comprehensive Plan Land Use
Element Map.
Comprehensive Plan proposed amendment:
Chapter 5., Land Use Element of the Orange County 2030 Comprehensive Plan: revise existing
Conservation Land Use Categories and add additional Categodes/Definitions to be consistent with
the changes proposed for water supply watersheds, reservoirs, and critical area in the Zoning
Ordinance. Additionally, the Land Use Element Map is proposed to be amended to reflect the
changes in Critical Area boundaries.
33
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245 -2575 52 Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us °�e �nt� "�4 Hillsborough, NC 27278
February 5, 2010
NOTICE OF PUBLIC HEARING and
Public Information Meeting
Comprehensive Plan -= Land Use Element Text and Map Amendments and
Zoning Ordinance and Atlas Amendments
Pertaining to Watershed Critical Areas
Dear Property Owner:
This letter is to notify you of an upcoming public hearing pertaining to proposed
Comprehensive Plan (Land Use Element Map) and Zoning Atlas changes that affect
your property. This notification is occurring in accordance with Articles 2 and 20 of the
Orange County Zoning Ordinance.
Orange County is proposing regulatory amendments to "Watershed Critical Area that
will affect the Upper Eno watershed. A list of regulatory sections proposed for
amendment is included at the end of this letter. These proposed amendments will result
in changes to the current boundary of the Upper Eno Watershed Critical Area. Your
property, or a portion thereof, is currently within a Watershed Critical Area and is
proposed to be removed from the Watershed Critical Area designation.
Additionally, your property may be located within 500 -feet of other affected parcels.
This action, if approved by the Board of County Commissioners, will result in a change
to which zoning regulations (such as maximum density and impervious surface limits)
your property is subject to. Maps, text changes, and other information regarding the
proposed changes can be viewed at the following website:
http://www.co.orange.nc.us/planning/CeiticatAreaAmendments.asp
The Orange County Board of Commissioners and Planning Board will hold a Joint
Public Hearing on the proposed changes on Monday, February 22, 2010 at 7:00 p.m.
at the Central Orange Senior Center located at 103 Meadowlands Drive in Hillsborough,
North Carolina. Interested persons are invited to address the boards with their
comments regarding the proposed amendments at this Joint Public Hearing.
Prior to the public hearing, Planning Department staff will hold a Public Information
Meeting to provide interested persons with an opportunity to speak with Planning
Department staff individually and to have amendments clarified on an individual basis.
The Public Information Meeting will be held on Wednesday, February 17, 2010 in the
34
new West Campus County Office Building at 131 West Margaret Lane in Hillsborough,
North Carolina. The meeting will be held in the Lower Level Conference Room from
4:30 to 6:30 p.m. with a staff presentation scheduled for 5:30. Free parking for persons
conducting business with the County is located either in front of the building or in
spaces 40 through 80 of the adjacent parking deck.
If you cannot attend the Public Information Meeting on February 17 and the website
does not answer your questions about the proposed amendments, you may call (919)
245 -2575 during regular business hours and you will be directed to a staff person who
can assist you.
Sincere
Craig N. nedict, AICP
Planning Director
Zoning Ordinance Sections proposed for amendment:
• Section 4.2.27 (Watershed Protection Overlay Districts)
• Article 22 (Definitions)
The purpose of the amendments is to:
A. Revise the Watershed Protection Overlay Districts pertaining to "Critical Area."
B. Revise and add definitions pertaining to watersheds, critical area, and water supply
reservoirs.
C. Use best available technology to map wriften descriptions of Watershed Critical Areas.
D. Correct general typographical errors in Section 4.2.27.
Application of the proposed revised criteria in Section 4.2.27 will change existing boundaries of
Critical Areas in the Upper Eno watershed on the Zoning Atlas and Comprehensive Plan Land Use
Element Map.
Comprehensive Plan proposed amendment:
Chapter 5: Land Use Element of the Orange County 2030 Comprehensive Plan: revise existing
Conservation Land Use Categories and add additional Categories/Definitions to be consistent with
the changes proposed for water supply watersheds, reservoirs, and critical area in the Zoning
Ordinance. Additionally, the Land Use Element Map is proposed to be amended to reflect the
changes in Critical Area boundaries.
Opea' leap Orange County Planning Department
P.O. Box 8181
v S' Hillsborough, NC 27278
NOTICE OF PUBLIC HEARING
Z
0
i
M
U'
N
N
Q.
(D
Q.
'a
O
(n
n
2)
a
w
CA
Dear Property Owner: February 5, 2010
This notice is to inform you of an upcoming public hearing pertaining to proposed Comprehensive Plan (Land Use Element Map) and Zoning
Atlas changes. This notification is occurring in accordance with Articles 2 and 20 of the Orange County Zoning Ordinance. You are
receiving this notice because you own property located within 500 -feet of parcels affected by the proposed amendments.
YOUR PROPERTY IS NOT AFFECTED BY THE PROPOSED AMENDMENTS.
Orange County is proposing regulatory amendments to 'Watershed Critical Areas" that will affect the Upper Eno watershed. These proposed
amendments will result in changes to the current boundary of the Upper Eno Watershed Critical Area. Maps, text changes, and other
information regarding the proposed changes can be viewed at the following website:
http:// www. co. orana e. nc. us/ planning /CriticalAreaAmendments aso
The Orange County Board of Commissioners and Planning Board will hold a Joint Public Hearing on the proposed changes on Monday,
February 22, 2010 at 7:00 p.m. at the Central Orange Senior Center located at 103 Meadowlands Drive in Hillsborough, North Carolina.
Interested persons are invited to address the boards with their comments regarding the proposed amendments at this Joint Public Hearing.
Prior to the public hearing, Planning Department staff will hold a Public Information Meeting to provide interested persons with an
opportunity to speak with Planning Department staff individually and to have amendments clarified on an individual basis. The Public
Information Meeting will be held on Wednesday, February 17, 2010 in the new West Campus County Office Building at 131 West Margaret
Lane in Hillsborough, North Carolina. The meeting will be held in the Lower Level Conference Room from 4:30 to 6:30 p.m. with a staff
presentation scheduled for 5:30. Free parking for persons conducting business with the County is located either in front of the building or in
spaces 40 through 80 of the adjacent parking deck.
If you cannot attend the Public Information Meeting on February 17 and the website does not answer your questions about the proposed
amendments, you may call (919) 245 -2575 during regular business hours and you will be directed to a staff person who can assist you.
CD
co
_ 32 in _I
WHO: County Commissioners and Planning Board
WHAT: PUBLIC HEARING
WHERE: Central Orange Senior Center at
103 Meadowlands Dr. in Hillsborough
WHEN: Monday February 22, 2010 at 7:00 p.m.
WHY: Zoning Atlas and Comprehensive Plan
Amendments relating to the location/boundary of the
CRITICAL WATERSHED OVERLAY DISTRICTS)
FOR MORE INFORMATION VISIT:
www.co.orange.nc.us/planning/
CriticalAreaAmendments -asp
OR CONTACT THE ORANGE COUNTY PLANNING DEPARTMENT.
(919) 245 -2575
SCREEN PRINTED SIGNS
Customer. File Name: Date:
-- OCZ13975A.FS 1/21/2010
:-" — = , , {=:' Salesperson: Order Due Date:
Canpeny. ORANGE COUNTY ZONING ADMIN '�' ` _ l'� w'' PZ
Esti/m�ate:
$ 0.00
Address: SiGiN7N, l�Ai',--'M A
Comments:
Cdy. HILLSBOROUGH SmtealP. NC 27278 24 "X32" WHITE CORO, SCREEN PRINTED
Phone:
Fax:
a
o
Nw,ml
MA LA LE!
Examples of Posted Notification Signs — 3 Locations
(Please note signs were posted on 2/5/10 — the date feature on
the camera was not set correctly)
US70W
Dimmocks Mill Road
41
42
Corner of Carr Store Road
and Efland -Cedar Grove
Road
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
Attachment 6
Approved 2/3/10
SUMMARY NOTES
ORANGE COUNTY PLANNING BOARD
JANUARY 6, 2010
ORDINANCE REvIEw COMMITTEE
NOTE: A quorum is not required for Ordinance Review Committee meetings.
MEMBERS PRESENT: Brian Crawford, Eno Township At -Large (Chair); Judith Wegner, Bingham Township Representative (Vice -
Chair); Mary Bobbitt- Cooke, Cheeks Township Representative; Jeff Schmitt, Cedar Grove Township Representative; Earl McKee,
Little River Representative; Peter Hallenbeck, Cheeks Township At- Large; Larry Wright, Cedar Grove Township At- Large;
STAFF PRESENT: Craig Benedict, Planning & Inspections Director, Tom Altieri, Comprehensive Planning Supervisor, Michael Harvey,
Zoning Enforcement Officer; Perdita Holtz, Planning Systems Coordinator; Tina Love, Administrative Assistant II
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
AGENDA ITEM 2 WATER SUPPLY WATERSHED CRITICAL AREA REVISIONS
To receive and comment upon the proposed Land Use Element (text and map) and Zoning Ordinance (text
and map) Amendments regarding "critical areas" designations.
Presenter: Craig Benedict, Planning & Inspections Director
Craig Benedict presented a PowerPoint presentation on the water supply watersheds. He gave the Board a history of how the lines
got put on the map and the 1987 study for potential reservoirs done by Hazen& Sawyer.
Jeff Schmitt gave the Board information on the Board of Adjustment's rulings regarding the lines and the subsequent appeal the
Superior Court.
Craig Benedict stated staff is planning to have the amendments on the February Quarterly Public Hearing.
The Planning Board discussed the growth of Orange County and Craig Benedict advised that the 84% of the entire County is rural
and only 16% is planned to have an urban style growth. He advised it is the growth pattern that will be held for the foreseeable
future; the undeveloped areas within the future growth area can accommodate the population growth anticipated for Orange County
in the next twenty years.
Judith Wegner noted the problems with Jordan Lake and water quality and also advised that with the growth of Wake County there
may be a chance that Orange County will have a better locale for a reservoir and sell water to other counties to supplement their
water supplies and it would supplement Orange County's income. She asked how the County can look at the broader picture and
how to know the water quality if there is tightening provisions at the federal level.
Craig Benedict advised the Board that staff could write up thoughts to cover the points suggested by the Board. Craig continued with
pointing out several areas on the map regarding watersheds and the possible future reservoirs.
Judith Wegner noted that if there is a water supply and you design a reservoir, even if it takes time to fill, it is still a holding site. If
you build a holding capacity and it fills up whatever isn't lost to evaporation, still has an economic value.
Craig Benedict advised that some of the reservoirs are 'shallow water' reservoirs and the impoundments are maybe 40 feet deep and
therefore the water capacity is light. He noted that the recommendation reflects that it will roughly be the preservation of land for
future water supply the same areas as current minus the small area in Efland north of 85. Craig advised that staff will check with
Durham for any potential reservoir sites in the Little River or Lower Eno where there is a potential intake. He noted Little River has
lower density.
Michael Harvey reminded the Board there is a quarry site on Highway 57 which is on the boarder of Durham County is a future site of
a reservoir.
Craig Benedict advised that staff can pull together anything dealing with Orange County's potential or future reservoir sties and also
make sure there is some level of protection for the future. He noted the recommendation reflects that even though staff recommends
43
44
a reservoir not be placed at the Seven Mile Creek location that there still needs to be environmental protection. The Planning Board
can remove the critical area of the designation and staff suggests replacing it with ' /z mile buffers on specific streams.
In response to discussion regarding the legality of stricter County guidelines that the State, Perdita Holtz advised she researched it
and found in the State provision that it states local governments may extend critical areas as needed.
Craig Benedict gave further review of the map and the water supply. He pointed out where each area of the County receives their
water supply. He showed the map reflecting staffs recommendation for the new watershed critical area. He reviewed the
recommendations for what areas would be protected including definitions with explanations. He advised that the changes will require
notification of some parties. Craig also advised there would be a new section based on the definition for third and fourth order
streams. He noted he would have septic system information for the northwest corner of the County at the next meeting. He advised
the soils in that area are the most severely restricted septic system area of the County and the soils have not been able to support
anything close to one acre lots. Craig let the Board know that staff would give another item on this if staff receives questions from
the Planning Board during the month because it will be on the February Quarterly Public Hearing. He reiterated the recommendation
from staff for the Board.
Jeff Schmitt noted that in the Seven Mill Creek area the contraction of critical use north of interstate 85 does not inhibit that reservoir
being developed down the road.
Craig Benedict advised that was correct. He also advised that staff had taken the same rules used to define class 1 1class 2
reservoirs and different stream orders and applied them to the University Lake and Cane Creek area; and there are some changes
there.
Brian Crawford asked if the item could come back in February if there are any additional comments or questions Planning Board
members should call or emailed Craig and Perdita. He noted that based on those questions /comment, he and Craig would
determine the need to meet again in February.
Craig Benedict also advised the Board that there is another implication regarding bio- solids from treatment plants. The State allows
them outside their critical area but does not recognize the County's critical area so part of the process may be to ask the State to not
permit bio -solid application in some of the Orange County defined critical areas.
AGENDA ITEM 3: ADJOURNMENT
Meeting was adjourned by consensus
2
Attachment 745
Relevant Supporting Objectives of the 2030 Comprehensive Plan
LAND USE
Objective LU -2.5:
Adopt and implement policies that specify appropriate land uses and intensities of
development in Protected and Critical Water Resource Areas that will not have potential
adverse impacts on water resources.
Objective LU -2.6:
Protect prime reservoir sites from adverse development impacts and ensure that
regulations for these areas are appropriate.
Objective LU -3.8:
Develop a process for implementing small area plan recommendations through the
revision of County policies and regulations.
EROSION CONTROL
Objective EC -5:
Minimize sedimentation and erosion to reduce the transport of sediment and pollutants
to surface waters.
Objective EC -6:
Protect and maintain the existing aquatic, riparian and terrestrial habitats -of fish and
wildlife.
Orange County Zoning Ordinance
Section 6.23 (Extra Requirements for Watershed Protection Overlay Districts)
The following table shows basic regulations pertaining to the Upper Eno "Protected" and "Critical Area" watershed.
Further information can be found in Section 6.23 of the Zoning Ordinance.
D
m
0
3
CD
00
.P
Upper Eno "Protected"
Upper Eno "Critical Area"
Land Use
• No discharging landfills are permitted.
• No new landfills are permitted.
Restrictions
• Industrial use is limited to non - hazardous
• No commercial or industrial uses are
light industrial uses characterized by low
permitted except within the Cedar Grove
water use [defined in Section].
Rural Community Activity Node where the
properties at the intersection of Efland Cedar
Grove and Carr Store Roads, running
westward from the intersection approximately
eight hundred fifty (850) feet, shall be allowed
to be developed for commercial purposes
consistent with the requirements of the
Ordinance.
• No new golf courses are permitted.
• No residual (sludge) application is permitted.
Residential Density
Maximum density is as permitted in the
• 1 dwelling unit per 2 acres.
underlying zoning district. [Staff Note:
most areas affected by the proposed
amendments are zoned AR (Agricultural
Residential) with permitted density of 1
dwelling unit per 40,000 square feet,
subject to the ability to locate a septic
system and septic repair area on the lot l.
D
m
0
3
CD
00
.P
Impervious Surface/
Detention Pond
Requirements
(Residential)
Impervious Surface/
Detention Pond
Requirements (Non -
Residential)
Upper Eno "Protected" I I Upper Eno "Critical Area"
• 12% impervious surface limit for existing
and new lots outside of Transition Areas
as designated on the Orange County
Land Use Plan.
• BMPs [Best Management Practices]
cannot be used to satisfy watershed
impervious surface requirements.
• 30% impervious surface limit for
developments which exceed a density of
1 du /acre within Transition Areas.
Structural BMPs are required if
impervious surface exceeds 12 %.
• 70% impervious surface limit in
Commercial and /or Industrial Nodes as
designated in the Land Use Element of
the Comprehensive Plan (high- density
option) with structural BMPs if impervious
surface is greater than 12 %;
AND
50% impervious surface for all fire
stations and solid waste collection
centers outside of Commercial and /or
Industrial Nodes as designated in the
Land Use Element of the Comprehensive
Plan, with structural BMPs if impervious
surface is greater than 12 %;
AND
• 12% impervious surface for all other non-
6% impervious surface limit except for lots
smaller than 2 acres which existed prior to
1/1/94, which are subject to a sliding scale
contained in Section 6.23.3 of the Zoning
Ordinance.
BMPs [Best Management Practices] cannot
be used to satisfy watershed impervious
surface requirements.
• 2 -acre minimum lot size and 6% impervious
limit.
• BMPs [Best Management Practices] cannot
be used to satisfy watershed impervious
surface requirements.
2
OD
co
Upper Eno "Protected"
Upper Eno "Critical Area"
residential uses outside of Commercial
and /or Industrial Nodes as designated in
the Land Use Element of the
Comprehensive Plan (BMPs cannot be
used to satisfy watershed impervious
surface requirements);
AND
• On -site infiltration of the first inch of
stormwater runoff;
AND
• A limit of 1,151 acres of non - residential
use throughout the Upper Eno Protected
Watershed (5.0 %).
Undisturbed Area
• As required pursuant to an approved
• The area necessary to meet impervious
grading permit or erosion control plan.
surface requirements shall remain
undisturbed during the construction process.
• The area to remain undisturbed shall include
portions of the lot utilized for stormwater
infiltration.
• All clearing limits shall be clearly marked and
observed.
The buffer width shall be as calculated
• The buffer width adjacent to streams shall be
Minimum Stream
Buffer Width
using Method A [defined in Section
the width calculated using Method A [defined
6.23.7], or 150', whichever is less, except
in Section 6.23.7].
where density exceeds 1 du /acre and
• The same method shall be used to calculate
impervious surface exceeds 12 %.
the buffer around the reservoir itself. New
• Where density exceeds 1 du /acre and
structures shall be located at least 150' from
impervious surface exceeds 12 %, the
the reservoir or outside of the stream buffer,
co
01
0
Upper Eno "Protected"
Upper Eno "Critical Area"
buffer width shall be calculated using
whichever is greatest.
Method A, but shall not be less than 100'.
Water
• No new treatment system will be
New septic tanks, pump tanks and their
Supply /Sewage
permitted where effluent disposal occurs
appurtenances shall be located outside of any
Disposal .
on a separate lot from the source of
stream buffers and at least 100 feet from a
wastewater generation; provided,
perennial or intermittent stream as shown on
however, off -site systems shall be
the USGS Quadrangle maps, and at least 150
permitted when located in a Flexible
feet from a reservoir.
Development subdivision approved in
New nitrification fields shall be located outside
accordance with Section IV -B -10 of the
of any stream buffers and at least 100 feet
Orange County Subdivision Regulations.
from a perennial or intermittent stream as
• New septic tanks and their nitrification
shown on the USGS Quadrangle maps, and
fields shall be located outside of any
at least 300 feet from a reservoir.
stream buffers and at least 100 feet from
Water supply and sewage treatment systems
a perennial or intermittent stream as
shall be limited to individual wells and septic
shown on the USGS Quadrangle maps.
systems or individual on -site alternative
disposal systems; provided, however, off -site
systems shall be permitted when located in a
Flexible Development subdivision approved in
accordance with Section IV -B -10 of the
Orange County Subdivision Regulations.
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING AGENDA
February 22, 2010
7:00 P.M.
Central Orange Senior Center
103 Meadowlands Drive
(Adjacent to the Triangle Sportsplex)
Hillsborough, North Carolina
ADDENDUM TO AGENDA ITEM C.1
NOTE: Information is
Available in the Planning
Department or the
Clerk's Office
The attached memo from the Environment and Resource Conservation
Department (ERCD) outlines the importance of the Seven Mile Creek area for
environmental purposes, including the stream water quality component.
In the absence of the 1987 `reservation' for a potential reservoir in this area, the
attached memo accents the need to continue to maintain a level of protection for
these `critical' water resources. ERCD will provide mapped resources which will
be part of the public hearing on February 22, 2010.
ORANGE COUNTY
ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT
MEMORANDUM
To: Craig Benedict, Planning Director
From: David Stancil, ERC Director
Rich Shaw, ERCD Land Conservation Manager
Date: February 12, 2010
Subject: Seven Mile Creek Conservation Remains Highly Important
The Environment and Resource Conservation Department (ERCD) feels that the
proposed changes to the Upper Eno Watershed Critical Area are consistent with the
County's longstanding goal to protect and conserve the County's important natural
and cultural land resources; consistent with the BOCC adopted priority ( #1) to
conserve high priority natural areas, wildlife habitat and prime forests; and
consistent with the Lands Legacy program.
Conservation in this area will help protect critical natural areas, guide growth away
from sensitive water resources, protect prime forest and wildlife habitats, preserve
historic landscapes, and provide new park and recreational opportunities. A
multifaceted approach to conserving this area, including both land conservation
(public and private) and overlay zoning, will help implement the Orange County
Comprehensive Plan and the Upper Neuse Watershed Management Plan.
It is highly important to maintain supplemental protection for the Seven Mile Creek
area of the Watershed. This area is recognized by Orange County and the State of
North Carolina as an important natural area and wildlife corridor. Seven Mile Creek
and its tributaries contain high quality surface waters that provide habitat for state
and regionally significant flora and fauna. Despite some siltation due to runoff from
upstream, these creeks harbor healthy populations of darters, shiners, pickerels, and
other species of fish, along with abundant mussels. The creeks then flow directly
into a section of the Eno River possessing aquatic habitat of national significance.
The Inventory of Natural Areas and Wildlife Habitats for Orange County, North
Carolina 'describes this area as one remarkably high in biodiversity of native species
of flora and fauna, providing strong reasoning for their protection. The Inventory
'Inventory of Natural Areas and Wildlife Habitats for Orange County, North Carolina (Sather et al., 2004),
N C Natural Heritage Program, DENR, Raleigh, NC.
Environment and Resource Conservation
PO Box 8181 / 306 -A Revere Road
Hillsborough, NC 27278
(919) 245 -2510
identifies a number of important Natural Heritage sites, among them Sevenmile
Creek Sugar Maple Bottom and Crabtree Creek Monadnock Ridge.
Sevenmile Creek Sugar Maple Bottom is the richest combination of bottomland
and deciduous forest remaining in the county, and deemed of state significance.
The area supports regionally rare plant species, state - listed plants, and state listed
aquatic species. The expansive Crabtree Creek Monadnock Ridge is part of an
important "wildlife reservoir" with optimal habitat for turkey, bobcat, deer, and other
upland game animals. The ridge is an important link in an overland wooded corridor
connecting the Cape Fear (Haw) and Neuse (Eno) River systems.
Finally, Orange County has a long -term vision of establishing a Seven Mile Creek
Preserve. The County purchased 160 acres in the 1970s (for watershed
protection) and another 134 acres in 2001 to establish the nature preserve. The
County recently acquired another 13 acres adjacent to historic Moorefields for a
future public gateway into the Preserve and access to the planned North Carolina
Mountains -to -Sea Trail, which would travel through this area. The planned
nature preserve and recreation area now stands at 307 acres and further
acquisitions of critical natural and cultural resource lands are underway.
Please contact us if you have any questions or would like more details on the
information provided herein.
Environment and Resource Conservation
PO Box 8181 / 306 -A Revere Road
Hillsborough, NC 27278
(919) 245 -2510