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HomeMy WebLinkAboutORD-2010-025 Upper Eno Watershed Critical Area-Zoning OrdinanceQ~ ~- ~alf~ - OaS 4 ~~ 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: (Y/N) 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 245-257$ 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 ofi~icial 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 2 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 Critics! Area boundary is based upon a potentia! reservoir (1987 Study) tieing 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 11 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 II reservoir does not contain the intake pipe. Staff is also suggesting that certain important streams receive County-designated Critics( 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/D~finiticns 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 h«ve 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: http://www.co.orange. nc.us/plannino/CriticalAreaAmendments.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. 6 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 s 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 t® 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 ~ The purpose of the °rnt,-,~~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, onstruction 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 °•^~Q--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 °rn.-~ °~~Watershed Protection Overlay Districts as established in Article 4.-~?-~-x.2.27 overlay other zoning districts established in this Ordinance. The new use of any land or new structure within any °r^^+YTCiL~d- 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 desianation are hereby established using the following criteria: 1 • The land area in the Ugper Eno watershed (straight line distance) within one-half mile of the normalpool elevation (NPE), or nearest available contour line used for the calculation, of an existing Class 1 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 anv 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 anv 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 l reservoir. The designation of "Protected" agglies to areas of watersheds classified as WS-ll, 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 (straiaht 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.- , n nn +h n 1A/n + CnrL of 4he 1 Inner Cnn ~nrf. ~i+n y Cn,inn 11Ailn l~rnnL nr +n the rii-Incline of +~to_ ,un+e r~hnrl _ whin{-,nvor i~ loc~c• U-ENO-PW Upper Eno Protected . The portion of the Upper Eno drainage basin l h d O n hncinc+ of I ~Ln_ °~^r ^ ;tom n+;~ I ~rninnn ~* ver Waters e ay o °r _ > > 1 Inner Cnn nn.-/ Cnvnn_11Ailn ('rnolc not 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 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) 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 .~_~__ _ ~~__ _ _c aV. ..._a_..~L....J ...L.:..M... ...r .n lnnn• nr~rl +h^ ~7nr-~ OYC7 within one-half mile of the normal pool elevation (or aesianatea eievarion~ yr a proposed water supply reservoir designated for protection or the ridaeline 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. Amended 1 /4/94 Critical Area, State Required -The land area within one-half mile of the normal pool elevation of ^^ ^~~°+~^^ ^~ ^r^^^c°`~-water supply +rep~treservoirs 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. 11 Stream Order - A ranking of the relative sizes of streams within a watershed based on the nature of their tributaries. Th.e smallest unbranched tributary 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. 12 13 Excerpt from Orange County 2030 Comprehensive Plan ~~~~~e~ 5: ~.~i'~ Irlse ~~eer~~` 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 I-85 to the north, the University Spur of Southern Railroad to the east, and NC Highway 86 to the west. CQNfSERVATION LAND USE CATEGQRIES 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 designated elevation) of an existing Class N 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 desi nc~ated 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 ffowina into Class !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 a-rt public water supply ' reservoirs in which an intake is located (i.e.. Class I reservoirs), or the ridge line of the watershed, whichever is closest to the normal pool elevation of the reservoir. fte~et~tai~ Reservoir, Class I 14 ~,,, . C~~€~~~>r 5: ~a~c~ Ise ~'~~t~t~tti` Attachment 2 A bodv 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 oumoed directly to a treatment plant or to a small intervening storage basin and thence to a treatment plant. Reservoir. Class fl A bodv of water. such as a pond or lake, confined by a dam or other barrier to be used for public water supniy from which water flows by gravity or is pumped to a Class t reservoir prior to final entrance to a water treatment slant. 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 Hope 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 Locatr'onal Criteria.) Map 5-4: Land Use Map, designates the areas where these classifications are applied. ~~~~ fi r ~~ ~ ~:. ~ ~r.", ~~~ ~= ` ~,~ ~,,. ~~f v '°'~ L `; c~ ~~ ~. ~,~ ~~ ~~ ~~ ,. ~>, 1 ~ ~.~; ~ ~ ~ *~' .:~ IF' ~' err-' ~*~%~';G.`. , : _,, "L•t ;'fi.;~~ ,•;`~~r'? ~ ~/1~ j'a`y, ~ ~~ • DR ~~ N m W r° E ~c S ~~~~ ~ ~„ ~~ ~`~~~ RO -'R~ResldanBat o Mun P`O~On ~1reae 0 M~ Totyn i-imifs ~ Jteri~~~ Q PubNc fnt Are ~, as Q Ru~ai Cpnmunity Node Rur~ Nelghpom~ Node ~o ~ Rurai inyuahial Node ~Ont'n~ar Nate ,• ~ ~ ~ E mmertYalRnduaMal Node D~o~~ ~ ~rn Plannrng,A,aa Mr ~? ' 0 ,~ c..a~a 2 3 4 Mites ~ loch = 2.75 miles r~^~^D &aRbr ai y~~ relerenG U~a~'~ '~kcGpi; Nqy~ °mmtlori, % ~eMve N°"h~DM~'artca~ jgB a fleet) 16 17 - Attachment 3.1 Upper Eno Existing and Proposed Critical Area Boundaries ~l Lake Orange ~' T r Lake Ben Johnston IN Q 1994 UpperEno CritkalAreaBoundary -13,230 ac. Proposed Upper Eno Critical Area -14,350 ac. O Watershed Boundary Orange CaurRy Planrtng and Inspee8ana Department GIS Map Prepared by Miriam Coleman, February03, 20i 0 ProJemom NoM Camllna State PYne (feet) DaNm: Nodh American 1983 18 Attachment 3.2 19 Areas Proposed for Inclusion or Removal -Upper Eno Critical Area 7-' ~~ N Legend -Areas proposed for inclusion into County-designated critical area - 2,274 ac. Q Watershed Boundary a~9a ca,n<yPiandng ~d Inspecams oepanmerrt GIS Map Prepared by Miriam Coleman, February 03, 2010 Areas proposed for removal from County~esignated critical area - 1,154 ac. ProJecdorc Nosh ca~onm slsu Plano Reaq Q 1994 CrnicalAn:a Boundary-13,230 ac. Datum: NorthAmeriean 1883 20 Attachment 3.3 21 State-Required and County-Designated Critical Area for Upper Eno =~s R 1 '~ ~ ( 70 - ..Y I~ ~ - ,:,~. _ = ir. - ` ~~ ' .. ~- k/ n. t ~- 4 y- f ` ~ ~. F Legend N Corporation Lake State-Required Critical Area -1,179 ac. O Watershed Boundary -Lake Ben Johnston Slate-Required Critical Area - 818 ac. t3~ ~ Proposed Counly-Designated CrificalArea- 12,353 ac. [J O 1994 Upper Eno Critical Area Boundary -13,230 ac. Orange County Piaming and Inspectbns Department GIS Map Prepared by Miriam Coleman, February 11, 2010 Projection: North Carolina State Plana (feet) Dalum: Nonh American 1933 22 23 Attachment 3.4 24 Attachment 4 25 WATER SUPPLY WATERSHED PROTECTION IN ORANGE COUNTY Teny 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 'h 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 vvater 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 27 Groundwater Benefits 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. AI. 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 28 29 Attachment 5 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. f3enedicfi, AfCP, Direcfior CERTIFICATION OF MAILING ZONING ATLAS and COMPREHENSNE PLAN LAND USE ELEMENT MAP AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Perdita Holtz, Planning Systems Coordinator with Orange Gounty, 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 AreaN 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 5~' day of February 2010. ~i~1 Perdita Ho tz, AI Planning Systems Coo orator ~~~Pat ~ ~e4¢A Adminisfiration 139 W. Margaret Lane (919) 245-2575 ~ ~ ~ Suite 201 (919j 644-3002 (FAX) P O Box 8181 vwvwr.co.oranae.nc.us `~4 6.•^`~°' Hillsborough, NC 27278 30 31 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director February 5, 2010 NOTICE OF PUBLIC HEARING and Public Information Meeting Comprehensive Plan -Land Use Element Tex# 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 wiA 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: . httpa/www.co.orange.nc.us/planning/CriticalAreaAmendments.asp The Orange County Board of Commissioners and Planning Board will hold a Joint Pubiic 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 Pubiic 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 individuaiiy and to have amendments clarii'ied on an individual basis. The Public Information Meeting will be held on Wednesday, February 17, 2010 in the ®~Dp¢e ~ gOgq'p Administration ~ 131 V6t. Margaret Lane (919) 245-2675 u sz Suite 201 (919) 644-3002 (FAxy ~ P O Box 8181 www.co.orange.nc.us "r~ 6A~~`'° Hillsborough, NC 27278 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 s#aff 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 $0 of the adjacent parking deck. ' If you cannot attend the Public lnfom~ation 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. Sincerely, . c ~~ . Craig N. Benedict, AICP Planning Director Zoning Ordinance Sections proposed for amendment: ~ Section 4.2.27 (Watershed Protection Overlay Districts) s Article 22 (Definitions) The purpose of the amendments is to: A. Revise the Watershed Protection Overlay Districts pertaining to "Critical Area." 8. 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 42.27 will change existing boundaries of Critical Areas in the Upper Eno watershed on the Zoning Atlas and Comprehensive Plan Land Use Element Map. Comprehensive Pian proposed amendment: Chapter 5: Land Use Element ofi the Orange County 2030 Comprehensive Plan: revise existing Conservation Land Use Categories and add additional CategorieslDefinitions to be consistent with the changes proposed for wafer 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 C)RANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP,13irector ~~4ba~' Cap4~ . Administration ~ ~ 131 W. Margaret Lane (919) 245-2575 ~ u ~ Suite 201 (919) 644-3002 (F~-x} ~ P O Box 8181 wwrw.co.orange.nc.us ~~o `.~``°' 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 Gritical Areas Dear Property Owner: This letter is to notify you of an upcoming public hearing pertaining to proposed Comprehensive Pian (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 #o "Watershed Critical Areas" that will affect the Upper Eno watershed. A list of regulatory sections proposed for amendmen# is included a# the end of #his fetter. These proposed amendments will result in changes to the currenfi boundary of the Upper Eno Watershed Cri#ical Area. Your proper#y; or a portion thereof, is currently within a Watershed Critical Area and is proposed to be removed from the Watershed Critical Area designation. Additional{y, your property may be located within 500-feet of other affected parcels. This action, if approved by the Board of County Commissioners, will resulfi in a change to which zoning regulations {such as maximum density and impervious surtace Limits) your property is subject to. Maps, #ext changes, and other information regarding the proposed changes can be viewed at the following website: http://www.co.orange.nc.us/t~lanning/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 commen#s 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 (819} 245-2575 during regutar 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 Dis#ricts 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 Critica! 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 Pian proposed amendment: Chapter 5: Land Use Element of the Orange County 2030 Comprehensive Plan: revise existing Conservation t_and 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. 0~.6a~ • `•.n, Orange County Planning Department z0 P.O. Box 8181 -~ °° Hillsborough,. NC 27278 !?~ 'r, ~ • -I N. v n~ N N a (D Q O N rt (7 N -~ a NOTICE OF PUBLIC HEARING W 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 6S 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.orange.nc. us/planni na/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 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. co M 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 DISTRICT(S) 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 ~ ~ ~ ORANGE COUNTY ZONING ADMIN ~ ~ HILLSBOROUGH ~ ~~NC 27278 ~ ---, r~ ~~ S/GNA~~R~: ~MA i ` ~. ~z , -~ ~.~~ iii 24"X32" WHITE CORD, SCREEN PRINTED WHO: County Commissioners and Planning Board 38 Locations of Posted Notification Signs 3s ~ '~~ • v OA Rp d ~~~GOSS ~ OOq Q • ~O Z 0 ° J to '- H~MONY~CHURCjy~ ~tiFCyN ~~~GARRSTORERO ~ R • O ~l ~ R RD FR LONESOME RD ~, ~ °, u~~~ ~ w U ~ O Q T ~~ ~ Z W GATE N/ES RD ; j O~ O a~ .:.: y~P~ RIDGE Q G~ o O,Yr TRL C p ~ tiL . ~c ~ ~ 'S- ~ ~ KENION RD_ O ~` v 88 ' o O ~ P 9 a ;y ~DOP ( LEBANON RD a W 7 ~ a Q U o -I Z Z ~O ' ~ ~GORNELIUS~ST z w O ~ 70 ~O ; v i 70 ai x ..SOUTHEyN p FORREST AVE ~ - Q Z ~ Z WEST TEN RD - sp ENO ST ° y FRD OTC RD O = ~JSNV a o ~ rr ~~ ~ o VN~' Rp `J~~ y O O . ~ v ~~ ~j\~- `p E C~ ~., ~ ~ m ° /J/ ~~- o ~pS RD N s Sign Locations Q 1994 Critical Area Boundary -13,230 ac. ®Watershed Boundary - Areas proposed for inclusion into County-designated critical area - 2,274 ac. ~~ Areas proposed for removal from County-designated critical area -1,154 ac. ~~ -. N ° 1 inch =125 miles a n 0 1 ~ Niles Orange County Planning and Lupections Department GLS Map Prepared by Brian Carson February 08, 2010 40 41 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 42 Corner of Carr Store Road and Efland-Cedar Grove Road Approved 2/3/10 Attachment 6 43 1 SURfiMARY NOTES 2 ORANGE COUNTY PLANNING BOARD 3 JANUARY 6, 2010 q' ORDINANCE REVIEW COMMITTEE 5 6 NOTE: A quorum is not required for Ordinance Review Committee meetings. 7 8 MEMBERS PRESENT: Brian Crawford, Eno Township At-Large (Chair); Judith Wegner, Bingham Township Representative (Vice- 9 Chair); Mary Bobbitt-Cooke, Cheeks Township Representative; Jeff Schmitt, Cedar Grove Township Representative; Earl McKee, 10 Little River Representative; Peter Hallenbeck, Cheeks Township At-Large; Larry Wright, Cedar Grove Township At-Large; 11 12 STAFF PRESENT: Craig Benedict, Planning & Inspections Director, Tom Altieri, Comprehensive Planning Supervisor, Michael Harvey, 13 Zoning Enforcement Officer; Perdita Holiz, Planning Systems Coordinator; Tina Love, Administrative Assistant II 14 15 16 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 17 18 19 AGENDA ITEM 2 WATER SUPPLY WATERSHED CRRICAL AREA REVISIONS 20 To receive and comment upon the proposed Land Use Element (text and map) and Zoning Ordinance (text 21 and map) Amendments regarding °critical areas° designations. 22 23 Presenter: Craig Benedict, Planning & Inspections Director 24 25 Craig Benedict presented a PowerPoint presentation on the water supply watersheds. He gave the Board a history of how the lines 26 got put on the map and the 1987 study for potential reservoirs done by Hazen& Sawyer. 27 28 Jeff Schmitt gave the Board information on the Board of Adjustment's rulings regarding the lines and the subsequent appeal the 29 Superior Court. 30 31 Craig Benedict stated staff is planning to have the amendments on the February Quarterly Public Hearing. 32 33 The Planning Board discussed the growth of Orange County and Craig Benedict advised that the 84% of the entire County is rural 34 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 35 future; the undeveloped areas within the future growth area can accommodate the population growth anticipated for Orange County 36 in the next twenty years. 37 38 Judith Wegner noted the problems with Jordan Lake and water quality and also advised that with the growth of Wake County there 39 may be a chance that Orange County will have a better locale for a reservoir and sell water to other counties to supplement their 40 water supplies and it would supplement Orange County's income. She asked how the County can look at the broader picture and 41 how to know the water quality if there is tightening provisions at the federal level. 42 43 Craig Benedict advised the Board that staff could write up thoughts to cover the points suggested by the Board. Craig continued with 44 pointing out several areas on the map regarding watersheds and the possible future reservoirs. 45 46 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 47 you build a holding capacity and it fills up whatever isn't lost to evaporation, still has an economic value. 48 49 Craig Benedict advised that some of the reservoirs are 'shallow water' reservoirs and the impoundments are maybe 40 feet deep and 50 therefore the water capacity is light. He noted that the recommendation reflects that it will roughly be the preservation of land for 51 future water supply the same areas as current minus the small area in Efland north of 85. Craig advised that staff will check with 52 Durham for any potential reservoir sites in the Little River or Lower Eno where there is a potential intake. He noted Little River has 53 lower density. 54 55 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 56 a reservoir. 57 58 Craig Benedict advised that staff can pull together anything dealing with Orange County's potential or future reservoir sties and also 59 make sure there is some level of protection for the future. He. noted the recommendation reflects that even though staff recommends 44 60 a reservoir not be placed at the Seven Mile Creek location that there still needs to be environmental protection. The Planning Board 61 can remove the critical area of the designation and staff suggests replacing it with'/:mile buffers on specific streams. 62 63 In response to discussion regarding the legality of stricter County guidelines that the State, Perdita Holtz advised she researched it 64 and found in the State provision that it states local governments may extend critical areas as needed. 65 66 Craig Benedict gave further review of the map and the water supply. He pointed out where each area of the County receives their 67 water supply. He showed the map reflecting staffs recommendation for the new watershed critical area. He reviewed the 68 recommendations for what areas would be protected including definitions with explanations. He advised that the changes will require 69 notification of some parties. Craig also advised there would be a new section based on the definition for third and fourth order 70 streams. He noted he would have septic system information for the northwest comer of the County at the next meeting. He advised 71 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 72 anything close to one acre lots. Craig let the Board know that staff would give another item on this if staff receives questions from 73 the Planning Board during the month because it will be on the February Quarterly Public Hearing. He reiterated the recommendation 74 from staff for the Board. 75 76 Jeff Schmitt noted that in the Seven Mill Creek area the contraction of critical use north of interstate 85 does not inhibit that reservoir 77 being developed down the road. 78 79 Craig Benedict advised that was correct. He also advised that staff had taken the same rules used to define class 1/class 2 80 reservoirs and different stream orders and applied them to the University Lake and Cane Creek area; and there are some changes 81 there. 82 83 Brian Crawford asked if the item could come back in February if there are any additional comments or questions Planning Board 84 members should call or emailed Craig and Perdita. He noted that based on those questions/comment, he and Craig would 85 determine the need to meet again in February. 86 87 Craig Benedict also advised the Board that there is another implication regarding bio-solids from treatment plants. The State allows 88 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 89 .permit bio-solid application in some of the Orange County defined critical areas. 90 91 AGENDA ITEM 3: ADJOURNMENT 92 93 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. 46 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. U er Eno "Protected" U er 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 stud e a lication is ermitted. 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 s stem and se tic re air area on the lot . D v m rt ~P 00 Impervious Surface/ Detention Pond Requirements (Residential) Eno "Protected" • 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%. Eno "Critical Area" 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. Impervious Surface/ Detention Pond Requirements (Non- Residential) • 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- • 2-acre minimum lot size and 6% impervious limit. • BMPs [Best Management Practices] cannot be-used to satisfy watershed impervious surface requirements. 2 Upper Eno "Protected" 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); Undisturbed Area Minimum Stream Buffer Width 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%). • As required pursuant to an approved grading permit or erosion. control plan The buffer width shall be as calculated using Method A [defined in Section 6.23.7], or 150', whichever is less, except where density exceeds 1 du/acre and impervious surface exceeds i 2%. Where density exceeds 1 du/acre and impervious surface exceeds 12%, the Upper Eno "Critical Area" • The area necessary to meet impervious 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 adjacent to streams shall be the width calculated using Method A [defined in Section 6.23.7]. • The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150' from the reservoir or outside of the stream buffer, ca to 0 U er Eno "Protected" U er 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 Oran a Count Subdivision Re ulations.