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HomeMy WebLinkAboutNS Ord-1998-001 Planning - Zoning Ordinance Text Amendment Article 6.23 and Article 22 - 01-20-1998-8g1 ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 20, 1998 Action Agenda 11-4— SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Item Article 6.23 Extra Requirements for Watershed Protection Overlay Districts Article 22 Definitions DEPARTMENT: PLANNING PUBLIC HEARING _X—Yes No BUDGET AMENDMENT Yes X No ATTACHMENT(S): Proposed Amendments Correspondence from Division of Water Quality Draft 11/24/97 Public Hearing Minutes Draft 1/7/98 Planning Board Minutes INFORMATION CONTACT: Emily Cameron Extension 2580 TELEPHONE NUMBERS: Hillsborough 732 -8181 Durham 688 -7331 Mebane 227 -2031 Chapel Hill 967 -9251 PURPOSE: To consider a proposed amendment to the Zoning Ordinance to achieve full compliance with State- mandated watershed protection regulations. BACKGROUND: Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon thereafter submitted for review and approval by the Environmental Management Commission. The Division of Water Quality (DWQ), responsible for reviewing the ordinances for all NC counties and municipalities within water supply watersheds, returned its comments in the attached letter to the County Manager dated August 1, 1997. The following revisions are required in order to obtain full compliance with the State mandate: • Change the word "sludge" to "residual "; • Change references from "Division of Environmental Management" to "Division of Water Quality "; and • Clarify definitions for Major Variance, Minor Variance, and Discharging Landfill . The proposed amendment was presented for public hearing on November 24, 1997. There were no citizen or Board comments. 2 ,• The Planning Board considered the proposed amendment on January 7, 1998 and recommended approval. The vote was unanimous. RECOMMENDATION: The Administration recommends that the Board of Commissioners close the public hearing and approve the proposed amendment. PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6.23 Watershed Protection Overlay Districts ARTICLE 22 Definitions ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public X Other: NC Division of Water Quality STAFF PRIORITY RECOMMENDATION: _X_ High Middle Low Comment: PUBLIC HEARING DATE: November 24, 1997 PURPOSE OF AMENDMENT: To amend Orange County watershed protection regulations in response to comments from the NC Division of Water Quality on compliance with the State mandate. IMPACTS/ISSUES: Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon thereafter submitted for review and approval by the Environmental Management Commission. The Division of Water Quality (DWQ), responsible for reviewing the ordinances for all NC counties and municipalities within water supply watersheds, returned its comments in the attached letter to the County Manager dated August 1, 1997. The following revisions are required in order to obtain full compliance with the State mandate: • Change the word "sludge" to "residual "; • Change references from "Division of Environmental Management" to "Division of Water Quality "; and • Clarify definitions for Major Variance, Minor Variance, and Discharging Landfill . One of the revisions in the attached letter (item 4.b - definition of Non- Conforming Lot of Record) is not necessary. The Zoning Ordinance already contains a definition of Non - Conforming Lot which satisfies the state requirement. DWQ staff was not aware of this definition when their letter was written, and indicated during a phone conversation with Planning Staff on October 3, 1997 that revision to the current definition was not necessary. Likewise, DWQ staff was unaware that the Zoning Ordinance already defines Discharging Landfill. The existing definition needs to be revised only to state that 4 discharging landfills require a National Pollution Discharge Elimination System (NPDES)permit. The August 1, 1997 letter from DWQ specified that revisions to the must be adopted by the Board and submitted to DWQ by November 28, 1997. That deadline was extended to March 27, 1998 in order to allow sufficient time to complete the ordinance amendment review and approval process. 5 EXISTING/PROPOSED ORDINANCE PROVISIONS: 6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY DISTRICTS 6.23.1 LAND USE RESTRICTIONS All uses and activities allowed in the underlying zoning district are permitted with the following exceptions: DISTRICT LAND USE RESTRICTIONS UNIV -CA No new landfills are permitted. UNIV -PW No commercial or industrial uses are permitted. CANE -CA No new golf courses are permitted. U- ENO -CA UNIV -CA No siodge residual (sludge) application is permitted. CANE -CA U- ENO -CA CANE -PW No discharging landfills are permitted. U- ENO -PW Industrial use is limited to non - hazardous light industrial uses characterized by HYCO -PW low water use (less than 10, 000 gpc, excluding domestic water (25 gpd per LITTLE -PW employee) and water used for heating and air conditioning). BACK -PW FLAT -PW HAW -PW L- ENO -PW JORDAN -PW 6.23.4 Operation and Maintenance of Structural BMWs (Detention Ponds) 5. Annual Inspection Required a. All stormwater structures shall be inspected by Orange County at least on an annual basis to determine whether the controls are performing as designed and intended. Records of inspections shall be maintained on forms approved or supplied by the North Carolina Division of N4anagem@fft Water Quality. Annual inspections shall begin within one (1) year of the filing date of the deed for the stormwater control structure. 6.23.11 ADMINISTRATION a) Appeals Decisions of the Zoning Officer in the implementation of this Article may be r'-1 appealed to the Orange County Board of Adjustment in accordance with Article 2.3.7 of this Ordinance. b) Variances Minor variances for dimensional requirements may be approved by the Board of Adjustment in accordance with Article 2.3.6 of this Ordinance. The Board of Adjustment may also approve variance requests to allow the use of off -site septic easements for lots created after January 1, 1994. A Minor Variance is defined as a variance from the minimum statewide water supply watershed protection rules that results in a relaxation by a factor of up to ten (10) percent of any management requirement under the low density requirement A Maior Variance is defined as a variance from the statewide water supply watershed regulations that results in the relaxation by a factor of greater than ten (10) percent of any management requirement under the low density option or the relaxation of any management requirement that applies to a development project requiring construction of a BMP A description of each project receiving a variance and the reason for granting the variance shall be submitted for each calendar year to the Geamiiission en an afmoal basis.—Division of Water Quality on or before January 1 st of the following year. All other local governments having jurisdiction within the watershed area and the entity using the water supply for consumption shall be notified of the proposed exemption. ARTICLE 22 - DEFINITIONS Landfill, Discharging - A landfill facility with liner, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream. Discharging landfills require a National Pollution System (NPDES) Permit from the North Carolina Division of Water Quality. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 1, 1997 Mr. John Link County Manager Orange County 200 South Cameron Street. Hillsborough, NC 27278 Re: Water Supply Watershed Protection Ordinance Dear Mr. Link: 00.9;w� �EHNR The purpose of this letter is to inform you of the status of the water supply watershed protection ordinance for Orange,County. As you are aware, the Environmental Management Commission (EMC) revised the Water Supply Watershed Protection Rules in 1995 in order to clarify certain provisions and add flexibility for local governments administering their water supply watershed protection programs. Staff of the Division of Water Quality reviewed the ordinance for compliance under both the 1992 and 1995 versions of the Rules. The corrections recommended under the 1995 version of the rules are optional, and are noted as such in this letter. The other corrections listed below are not optional. Once the ordinance is amended and submitted to the Division of Water Quality, we will recommend approval of the ordinance by the Environmental Management Commission. In accordance with the Water Supply Watershed Protection Act (NCGS 143 - 214.5), the County has 120 days to correct ancP submit the ordinance to the Division of Water Quality. The deadline for submission is Friday. November 28.1997, The additional changes that are necessary in order for the ordinance to meet the minimum statewide requirements are as follows: 1. In Section 6.23.1, change the word "sludge" to the word "residual" consistent with statewide terminology. All other references to the word "sludge" in the ordinance should be corrected. 2. In Section 6.23.11, correct the following: " A description of each project receiving a variance and the reasons for granting the variance shall be submitted for each calendar year to the Genurdsaien Division of Water Quality on or before J nay 1st of the folio - 'ng In July 1996, the Division of Environmental Management became the Division of Water Quality. Please amend all references in your ordinance to the Division of Environmental Management to reflect this change. 3. Modify the definitions of major and minor variance in Section 6.23.11, based on the 1995 Rules revisions: Major Variance. A variance From the minimum statewide water c++vnT watershed protection rules that results in P.O. Box 29535, Raleigh, North Carolina 27626 -0535 Telephone 919 - 733 -5083 FAX 919 -733 -9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post- consumer paper N. Mr. John Link August 1, 1997 Page Two management reqttiremen _ the relaxation, by a factor of greater than ten (10) percent, of any management requirement that takes the form of a numerical standard ... -- 9 011 ! III it! I t _ii • - - • • • - • t - Ir ill-Ii I in a relaxation. by • of • to percent, of ! - reQuirement under the low • - i sity option. 4. Add or amend the following definitions to the ordinance, consistent with the 1995 revisions to the State Rules: a) Discharging Landfill. t lP-tdWIM=tV-='targgs treated leachate and which requires a National Pollution Discharge Eliminatign System N !li recorded 12rior to the effective date of this ordirtanie (or its amendMents) that does not meet the n-tinimum, lot size or other develol2ment =Quir=ents of thij ordinance, All other aspects of your ordinance are acceptable and we anticipate an expeditious final approval from the Environmental Management Commission once the above noted corrections are made and the ordinance is resubmitted. Although you are not required to update your ordinance to meet the 1995 revisions to the Water Supply Watershed Protection Rules, you may wish to consider these new rules when amending your ordinances to incorporate the required changes listed above. If you have any questions regarding the Water Supply Watershed Protection Program, please contact Lisa Martin at (919) 733 -5083, ext. 565 at your convenience. Thank you in advance for your cooperation and support of the Water Supply Watershed Protection Program. Sincerely, df---4- Preston Howard, Jr., P.E. cc Lisa Martin Judy Garrett, RRO DWQ Marianne Frederick, ARO DCA DWQ Central Files Mary Willis, Orange County Planner 11/24/97 Public Hearing Minutes 1 Mr. Morrison indicated that he owns a lot next to this property and is building a home on the lot. He asked for Z information regarding what would actually be done with this parcel. Mary Wills Indicated that the possible uses are listed in the packet on pages 50 and S1. Some of those uses are light industrial. Tight manufacturing and a number of commercial uses. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer this item to the Planting Board for a recommendation to be returned to the Board of Commissioners no sooner than February 3 1998. VOTE: UNANIMOUS 3. Zoning Ordinance Text Amendments a) Garden Center This item was presented by Planner Emily Cameron for the purpose of receiving citizen comment on proposed amendments to the Zoning Ordinance to create a new land use Category called 'Garden Center with appropriate standards as Included in Article 6 and a definition of the use In Article 22. On September 30, the Planning Department received a citizen's request to amend the Zoning Ordinance to create a new land use category called 'garden center.' Garden center is a type of retail use providing landscaping supplies primarily for home use. The definition proposed for Article 22 Inckrdua a list of typical products to be sold. The proposed amendment to the Permitted Use Table indicates garden center as a permitted use in all commercial zoning districts as well as In the Agricultural Service District. Therefore. the use woad be subject to Planning Department review and approval of a site plan before zoning and building permits may be issued. standards for operations are proposed for Article 6.16 which list additional requirements for certain permitted uses. The suggested standards specify that outdoor storage and display of goods are permitted and limit the area allowed for outdoor storage of bulk materials such as sand. topsoil, mulch, etc. Mr. Greg Shepherd, of Philip Post R Associates, indicated that he represents a client who wants to put a garden renter at this location. Upon examination of the Zoning Ordinance he discovered that the two closest use retegories ware either greenhaise or retail sales. He found that a Garden Center does not fit either category. They then I P 11 to present this proposal to be considered countywide. They created this proposal themselves with help from the Planning staff. He mentioned that outside storage would be allowed and would be located to the rear or side of the building and would be screened by an 8' foot fence. The amount of square footage for the outdoor storage would also be limited to 15.000 square feet per acre. QUESTIONS ANWOR COMMENTS FROM THE BOARD OF COMMISSIONERS None. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS None. 42UESTIONB ANDIOR COMMENTS FROM CITIZENS Harold Newton stated that he owns a Garden Center in this general area and would like to move a portion of his business to this new location. He wants to display plants. topsoil, firewood and pumpkins. This property Is curer" zoned Local Commensal (LC) which does not allow outside products to be displayed_ A motion was mule by Commissioner Carey, SeCOrMed by Commission Iialjotis, to refer this Item to the Planning Board fbr a recommendation to be returned to the Board of Commissionoers no sooner than February 3. 1998. VOTE: UNANIMOUS 0 b) 11Wbers wd Protection Overlay Districts This item was presented by Planner Mary Wiffis for the purpose of receiving citizen comment on a proposed amendment to the Zoning Ordinance. The Zoning Ordinance amendinenfs which were adopted by the Board of Conmtieeloners on January 1, 191W were soon thereafter submitted for review and approval by the Ermvhrornnentad Management Commission. The Division of Water Quality (DWQ) who is responsible for reviewing the 'names for ad NC counties and municipalities widen water supply watersheds, returned its conrrents in a letter to the County Manager dated August 1, 1997. The following revisions are required In *onder to obtain tuft compliance with the Stab mandate: • Change the wad 'skrdge' to 'reeiduar, 4 Change references from 'Division of Environmental Management' to 'Division of Water Quality'; and 2 . Clarify definitions for Major Variance. Minor Variance, and Discharging Landfill. 3 4 QUESTIONS ANWOR COMMENTS FROM THE BOARD OF COMMISSIONERS 5 None. 6 7 QUESTIONS ANWOR COMMENTS FROM THE PLANNING BOARD MEMBERS 8 None. 9 0 QUESTIONS ANDIOR COMMENTS FROM CITIZENS 1 None. 2 3 A motion was made by Commissioner Carey. second by Commissioner Halkivtis, to refer this item to the 4 Planning Boat for a recommendation to be returned to the Board of Commissioners no sooner than January 20, 5 1m. 6 VOTE. UNANIMOUS 7 8 4. Comprehensive Plan Amendment 9 Zoning Ordinmes Text Amendment 1 Subdivision Regulations Text Amendment 4 Fum*onal Road Class n 2 This item was presented by Planner Slade McCalip in order to receive comment on the draft 3 ordinance and Comprehensive Plan Amendments for the update to the Functional Road Classifications of the 4 Transportation Element of the Comprehensive Plan. On June 4.1997 staff presented to the Planning Board a 5 process and schedule for updating the Transportation Element of the Comprehensive Plan including an update to 6 the read functional classifications, An amendment to update the functional classifications is necessary because the 7 maps in the Transportation Element to the Comprehensive Plan depict planned roads that are no longer planned. 8 Some of the current functional classifications are not referenced by other adopted plans and ordinances and the 9 existing classifications have been applied to every road in the county's land use planning Jurisdiction outside the 0 thoroughfare planning jurisdictions for the municipalities. This has made it difficult to clearly and quickly identify the 1 most important roads and also apply urban road classifications to the roads in 45% of the county's land use planning 2 area. As a part of the Functional Road Classification System update, the planned major thoroughfares adopted by 3 Orange County municipalities which are outside of a municipality's land use planning jurisdiction will be presented for 4 consideration and adoption by Orange County. In this way Orange County can classify the proposed thoroughfares 5 and then protect the rights-of-way for those thoroughfares that are consistent with the County's Comprehensive Plan. 6 7 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS 8 Commissioner Gordon asked for clarification about how the roads inside the municipal jurisdiction and the 9 roads in Orange County compare on the colored map. She asked if they were using the same definition. She asked 0 for clarification about tow they would be used together with the municipal plan. 1 2 Slade McCalip indicated that they were not using the some definitions. Chapel Hill and Catrboro use the 3 definitions In the existing plan and Hillsborough is using the States functional clasfiation. DOT was respornible for 4 doing the clasaificsUons, some of which are based on maintenance. A lot of the DOT roads in urban areas were 5 classifled as major ttor oughfaros which relate to arterial roads out in the County. He agreed that there was a change 6 at the Town bo nndadw but it is coordinated In this plait. He fait that using this designation would simplify 7 identification so that the same classification would be used throughout the county. This would not be a 8 Transportation Plan. it would help in the consideration and design when the traffic projects are identified next year. 9 0 Commbsiow Gordon asked what Chapel H11's classification was for Old Lystra Road. Slade indicated that 1 he would have to look at Chapel Hill's classification for that information. 2 3 Thera was further discussion about specific roads. Slade McCalip stated that this plan was not intended to 4 dimd traffic but rather to indicate how roads are actually being used. 5 6 Commis doper Gordon pointed out Drat if the system called for certain roads to be upgraded then that would 7 encourage traffic. She mentioned that if the assumption was that Old Lystra. 15-501 and Smith Level are all at least 8 eolfecim. dW in order to get around laterally you would have to classify Damascus Church Road . She requested 9 that addirional consideration be given to Dama=z Church Road and Old Greensboro out to White Cross. 4 10 I 4 MOTION: VOTE: MOTION: VOTE: 7/ o � P � nn' Minutes Trd The proposed amendments were presented at the public hearing on November 24, 1997. The Planning Board and Board of Commissioners had no questions or comments at the hearing. The applicant spoke in favor of the proposed changes which were referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than February 3, 1998. Provided that the Planning Board and the Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendments. Strayhom moved approval as recommended by the Zoning Officer. Seconded by Selkirk. Unanimous. (2) Watershed Protection Overlay Districts Presentation by Emily Cameron. This item is to consider a proposed amendment to the Zoning Ordinance to achieve full compliance with State - mandated watershed protection regulations. Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon thereafter submitted for review and approval by the Environmental Management Commission. The Division of Water Quality (DWQ), responsible for reviewing the ordinances for all NC counties and municipalities within water supply watershed, returned its comment to the County Manager in a letter dated August 1, 1997. A copy of this letter is an attachment to these minutes on page The following revisions are required in order to obtain full compliance with the State mandate: Change the word "sludge" to "residual'; Change references from "Division of Environmental Management" to "Division of Water Quality"; and Clarify definitions for Major Variance, Minor Variance, and Discharging Landfill. The proposed amendment was presented for public hearing on November 24, 1997. There were no citizen or Board comments. A copy of the proposed amendment is an attachment to these minutes on pages The Planning Staff recommends approval of the proposed amendment. Selkirk moved approval as recommended by the Planning Staff. Seconded by Allison. Unanimous. d. Zoning Ordinance Text Amendments Subdivision Regulations Text Amendments cS R � • 1 `tg ?- ad 1 / • moo - R � 7. PUBLIC HEARINGS S 8. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve those items as listed below: A. Appointments The Board made appointments to the Master Recreation & Parks Plan Work Group; Economic Development Commission; Commission for Women; and, Bicycle Planning Task Force as listed below: Master Recreation and Parks Plan Work Group Kevin Foy, representing Chapel Hill Lee Pavao, representing Chapel Hill as an alternate Bill Strom, representing OWASA Economic Development Commission Alois Callemyn, representing Hillsborough for an unexpired term ending June 30, 1998 Commission for Women Kit Gruelle, At-Large representative for an unexpired term ending June 30, 1998 Lorraine Hoyt, representing Chapel Hill Township for an unexpired term ending June 30, 1999 Ruth Ledesma, representing Chapel Hill Township for an unexpired term ending June 30, 2000 Debbie Taylor, representing Hillsborough Township for an unexpired term ending June 30, 1998 Melissa Mcgill, representing non Chapel Hill/ Hillsborough for an unexpired term ending June 30, 1999 Chapel Hill Bicycle Planning Task Force Slade McCalip, representing Orange County b. Professional Services Contract- UNC School of Dentistry The Board approved and authorized the Chair to sign a contract with the UNC School of Dentistry to provide a dental director for the Health Department dental program. C. Housing Rehabilitation Contract Award This item was moved to the end of the Consent Agenda for separate consideration. d. Contract with Town of Chapel Hill for Senior Recreation Services and Establishment of New Position The Board approved and authorized the Chair to sign a contract with the Town of Chapel Hill to transfer the New Generation senior recreation program to the County and provide a new full-time County position, senior citizen program coordinator, Salary Grade 64 ($24,106-38,327) to administer the program. The total contract amount is $44,017. e. Resolution to Apply and Enter into Agreement with N.C. Department of Transportation for Community Transportation Program (CTP) Grant Funds The Board approved an annual resolution to apply for Community Transportation Program funds and entering into an agreement with NCDOT for FY 98-99 for capital and administrative funding totaling $232,278 ($94,951 federal, $107,317 state and $30,010 local matching funds). f. Petition for Addition -Gemena Road and Habitat Circle, Bingham Township The Board approved a petition from NCDOT adding Gemena Road and Habitat Circle in Bingham Township to the state-mandated Secondary Road System. g_ Zoning Ordinance Text Amendment-Watershed Protection Districts The Board approved an amendment to the Zoning Ordinance intended to achieve full compliance with state-mandated watershed protection regulations. h. Zoning Ordinance Text Amendment - Garden Center This item was moved to the end of the Consent Agenda for separate consideration. 1. Change in Regular Meeting Schedule This item was moved to the end of the Consent Agenda for separate consideration.