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Home My WebLink AboutORD-2003-030 Stream Classification AmendmentsBOCC Adopted Ordinance ~ Q ,~ _ ~~ ~ ~ ,,, Q 31 O (With Changes made by BOCC) ~~a QQ _-~~V ~ 0 An Ordinance Amending the Zoning Ordinance Of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Zoning Ordinance is hereby amended as follows: Section 1. Amend Article 22 definition for Stream Buffer to read as follows: Stream Buffer--A stream buffer is an area of land adjacent to a streams or a FEMA-identified floodplains, whichever is greater, which, except as permitted in Article 6.23.7 of this Ordinance, must remain undisturbed in its natural state. °°,-~,~1 Streams are sfiewr~ identified as by any of the following means: 1) shown as solid blue lines a~ or as broken blue lines on the USGS Quadrangle maps, 2) shown as a water feature in the Orange County Soil Survey, or 3) a water feature identified by a field determination of County staff trained in surface water identification through the North Carolina Division of Water Quality (NCDWQZ. Stream buffers shall extend around the perimeter of all other water mss-features if any portion of the stream buffer touches the water ~edy feature. Disputes pertaining to water feature identification decisions by County staff shall be filed directly to the NCDWQ. Stream buffers for Soil Survey streams shall only be calculated using Method A as explained. in Section 6.23.7d. Section 2. Amend Stream Buffers definition in Article 6.23.7definition to read as follows: a) Definition---See Article 22 Stream Buffer Section 3. Amend Article 22 to add a new definition for Water Feature to read as follows: Water Feature-A prominent aspect or characteristic of a geographic area that exhibits verifiable evidence of a presence of water in the soil. Examples of water features include, but are not limited to, perennial and intermittent streams, lakes, ponds, reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetlands, and natural drainage ditches (non-ephemeral). Section 4: Amend Section 6.23.10 APPLICABILITY to read as follows: a) Existing Development BOCC Adopted Ordinance (With Changes made by BOCC) For the purpose of determining compliance with or applicability of Article 6.23 of this Ordinance, existing development is defined as a residential or non-residential structure which: 1) was constructed prior to January 1, 1994 (October 19, 1999, with respect to the October 19, 1999 amendments related to the CANE-CA and CANE-PW districts; and September 19, 2001 with respect to the Stream Buffer/Usable Lot amendments; and May 20, 2003 with respect to the Stream Classification Amendments), or 2) was constructed in accordance with a valid building permit issued prior to January 1, 1994 (October 19, 1999, with respect to the October 19, 1999 amendments related to the CANE-CA and CANE-PW districts and September 19, 2001 with respect to the Stream Buffer/Usable Lot amendments; and May 20, 2003 with respect to the Stream Classification Amendments) or 3) was included as part of a Site Specific Development Plan approved by the Board of Commissioners prior to January 1, 1994 (October 19, 1999 with respect to the October 19, 1999 amendments related to the CANE-CA and CANE-PW districts and September 19, 2001 with respect to the Stream Buffer/Usable Lot amendments and May 20, 2003 with respect to the Stream Classification Amendments); or 4) had otherwise established a vested right under North Carolina Zoning law prior to January 1, 1994 (October 19, 1999 with respect to the October 19, 1999 amendments related to the CANE-CA and CANE-PW districts and September 19, 2001 with respect to the Stream Buffer/Usable Lot amendments and May 20, 2003 with respect to the Stream Classification Amendments). Existing development is hereby deemed to be conforming with respect to requirements of Article 6.23 of this Ordinance. Periodic updates to FEMA maps may affect structures located within the floodplain of specific streams. The zoning ordinance text amendments dated September 19, 2001 and May 20, 2003 only affect the Stream Buffer section of the ordinance and are not meant to supersede any FEMA regulations or requirements. Section 5. Amend Article 6.24.1 Additional Requirements for Lots Outside of Watershed Protection Areas to read as follows:. In areas not identified on the Official Zoning Atlas as Watershed Protection Overlay Districts, a stream buffer a minimum of 50 feet in width shall be established along both sides of streams s#~ewr} identified as by any of the following means: 1) shown as solid blue lines a~ or BOCC Adopted Ordinance (With Changes made by BOCC) as broken blue lines on the USGS Quadrangle maps, 2) shown as a water feature in the Orange County Soil Survey, or 3) a water feature identified by a field determination of County staff trained in surface water identification through the North Carolina Division of Water Quality (NCDWQZ. Stream buffers shall extend around the perimeter of all other water 13ed+es-features if any portion of the stream buffer of a "°r°^^i,~ i+r in+°rmi++°n+ stream touches the water bed-y feature. Disputes pertaining to water feature decisions by County staff shall be filed directly to the NCDWQ. Stream buffers for Soil Survey streams shall only be calculated using Method A as explained in Section 6.23.7d. Section 6. That this ordinance be placed in the book of published ordinances. Section 7. This ordinance is effective upon its adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County" be adopted. Upon motion f Commissioner seconded by Commissioner ,the foregoing ordinance was adopted this ~ day of , 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2003 as relates in any way to the adoption of the foregoing and hat said proceedings are recorded in the minutes of the said Board. WI ESS my hand and the seal of said County, this ~~ day of 2003. SEAL Clerk o t Boar of Commissioners 14 C~aQF~-'o2ad,3 -e~.3~ 1'.,yjd • .Ldo '~ Commissioner Jacobs said that he has heard some regret that dental facilities were not added to the Southern Human Services Center. He asked that when the staff discusses the CIP, that they look at the possibility at the end of the five-year lease having our own dental facilities at the Southern Human Services Center. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the lease renewal for Carr Mill Mall space as presented and to authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS g, Orange County/Hillsborough Courtesy Review Agreement The Board considered a revised courtesy review agreement with the Town of Hillsborough. Commissioner Jacobs said that he thought that before Hillsborough was asked to reserve the utility capacity, this was where the joint meeting was supposed to be held. This is not reflected in this process. He asked that this be brought back so that this process is clear. Also, there are two senior housing projects within the County's jurisdiction, both of which have asked for annexation. The Board has never had an opportunity to comment on these. He would like the Board to look at these two projects, Waterstone, and The Preserve sometime before Hillsborough makes a decision. John Link said that the staff could put these on the agenda. There might need to be a special meeting for this. Chair Brown suggested having regularly scheduled joint meetings with Hillsborough. Commissioner Gordon asked for some sort of black lining so that she can tell what was changed. The staff will come back with some suggestions for joint meetings with Hillsborough. This item was deferred. r. Stream Classification Amendments The Board considered closing the Public Hearing and making a decision regarding the proposed Stream Classification Amendments to the Zoning Ordinance. Commissioner Gordon made reference to pages five and seven and asked about method A. Craig Benedict said that method A is referenced in another part of the code about taking cross sections of the stream every 250 feet. It is an existing process about how to calculate stream buffer widths based on the slope of the banks. Commissioner Gordon asked that this be referenced. Commissioner Gordon asked about the 65-80-fopt buffers. Craig Benedict said that the 50- foot requirement applies to areas that are not in protected watersheds. The 65-80-foot buffers is where there are slopes 7.5% or greater. The amendments have nothing to do with increasing stream buffers, but identifying streams on soil and water maps. Commissioner Gordon said that there is a reference to someone being able to ask for a variance in case the entire property would be taken by these rules. Craig Benedict said that a variance could be requested down to the minimum that the State requires. In some cases, we exceed the minimum buffer requirements of the State, which is 30 feet. Commissioner Gordon is concerned that someone's lot could be made unbuildable. Geof Gledhill said that there are two levels of variance. A property owner could even go beyond 30 feet if the application of the dimensional requirement would cause a taking of the property. The principle focus of this is to guide the development of land and not to take any lots. Commissioner Jacobs said that a lot of clarification could be achieved if there was a statement that, "under existing rules...." A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the proposed Stream Classification Amendments with the clarifications as suggested above. VOTE: UNANIMOUS s. Whiffed Human Services Center Renovation -Authorization to Contract for Environmental Remediation The Board considered authorizing the Manager and staff to approve change orders and execute additional contracts necessary to cant' out the Whitted Human Services Center renovation project; and authorizing the Purchasing Director and Public Works Director to negotiate and execute a contract and any related documents with Wildlife Nuisance Control, Inc. in the approximate amount of $50,000, to carry out environmental remediation work essential to completion of the Whitted Human 8'~