HomeMy WebLinkAboutAgenda - 09-18-2001 - 9b ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 18, 2001
Action Ageqdq,
Item No. '7-b
SUBJECT: Stream Buffer Zoning Ordinance Amendments
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) NO
ATTACHMENT(S): INFORMATION CONTACT:
Ordinance p 3-6 Robert P. Davis, Planner 111, ext. 2580
Attachment A p 7 Craig Benedict, Director, ext. 2592
Minutes— Planning Board Nov. 2, 2000 p 8- TELEPHONE NUMBERS:
10 Hillsborough 732-8181
Public Hearing Ordinance p 11-12 Chapel Hill 968-4501
Minutes of August 28th Public Hearing p 13-15 Durham 688-7331
Attachment B - Watersheds p 16 Mebane 336-227-2031
Continued from December 4. 2000 meeting for Planner/Attorney review of
the vesting language
PURPOSE: To make a decision on the proposed Stream Buffer Amendments.
BACKGROUND:
Rogues
This amendment modifies sections of the Stream Buffer section in the Zoning Ordinance. The
bullets correspond to associated sections of the attached ordinance.
Section One:
• Adds new definition in Zoning Ordinance for Federal Emergency Management Agency
• Adds new definition in Zoning Ordinance for Lot, Usable
Section Two:
• Amends the current definition of Stream Buffer to include FEMA floodplains and to identify
how the measurement of the stream buffer will be performed if a water body is present
Section Three:
• Provides precise language to allow for consistent calculation of stream buffers countywide
• Establishes minimum 50-foot (each side) stream buffers for perennial (blue line) and
intermittent (dashed blue line) streams outside of Watershed Protection Overlay Districts
(Attachment B (p. 16)—White areas in the County are not required to have stream buffers
now)
Section Four:
• Sets minimum usable area (newly created lots)that cannot be encumbered by stream
buffers, transmission line easements, water bodies, or a portion of wildlife corridors
Section Five:
• Applicability section of stream buffer ordinance amended to incorporate existing
development for vesting purposes
2
• This zoning text amendment does not affect bona fide farming operations. N.C. General
Statute 153A-340 specifically exempts bona fide farms from zoning regulations. Stream
buffers enforced through zoning ordinances will not apply to bona fide farms. As a contrast,
the Neuse River Basin rules are not enforced through zoning and therefore do apply to bona
fide farms.
Location
Amendments will apply to the entirety of Orange County lying outside the municipalities and
their extraterritorial jurisdictions, if any.
Development Process. Schedule and Action
• First Action: Public Hearing was held on August 28, 2000
• Question raised as to whether these regulations will apply to farm operations
• Bona fide farm exemption (N.C. General Statute 153A-340) applies as long as the
County regulates stream buffers under the zoning ordinance; this amendment does not
affect Bona fide farming operations
• Referred amendment to the Planning Board for a recommendation back to the Board of
County Commissioners
• Second Action: Ordinance Review Committee on November 2, 2000 reviewed and
recommended unanimously that the Planning Board approve the stream buffers
amendment
• Third Action: Planning Board on November 2, 2000 recommended approval of the proposed
amendments to County Commissioners
• Recommended a maximum 65-foot stream buffer in situations where the average slope
is 0.00 - 7.50% over a distance of 250 feet
• Recommended a maximum 80-foot stream buffer in situations where the average slope
is greater than 7.5% over a distance of 250 feet
• Recommended vesting procedure for three existing situations
• 1) Lots with existing building permits
• 2) Septic system repair areas for existing systems
• No new septic system or repair areas in stream buffers
• 3) Existing structures within the stream buffer
• Clarified that the new, revised FEMA maps will not vest structures or situations within
the new floodplain cross-sections
• Fourth Action: Action continued at the December 4, 2000 meeting for attorney review of
the vesting language in the proposed ordinance
• Fifth Action: Returned to BOCC for decision
FINANCIAL IMPACT: There is no direct, public financial impact associated with this decision.
RECOMMENDATION(S):
Administration Recommendation: Approval of the attached Ordinance.
Planning Board Recommendation: Approval of the attached Ordinance.
Ordinance 3
An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE
ORANGE COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS:
Bold = Proposed Text
StFiketheuo = Deleted Text
Section 1: Amend Article 22 DEFINITIONS by creating two new definitions as
follows:
Federal Emergency Management Agency (FEMA)—An
independent agency of the federal government.
Lot, Usable—The portion of a zoning lot unencumbered by stream
buffers, drainage easements, public and private rights-of-way,
access easements, and utility easements transmission lines. Lot,
Usable also excludes all areas within lots having slopes greater than
20%, all bodies of water including, but not limited to, ponds, lakes,
reservoirs and the area within wildlife corridors (as defined in the
Land Use Element of the Orange County Comprehensive Plan) up to
a maximum width of 150 feet total or the width of the stream buffer,
whichever is greater.
Section 2: Amend Section 6.23.7a and Article 22 DEFINITIONS of Stream Buffer to
clarify that the stream buffer is not to be included within the floodplain.
Stream Buffer— a stream buffer is an area of land adjacent to perennial
and intermittent streams or 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. Perennial streams are shown
as solid blue lines and intermittent streams as broken lines on the USGS
Quadrangle maps. The stream buffer shall extend around the
perimeter of all water bodies including ponds, lakes and reservoirs if
any portion of the stream buffer of a perennial or intermittent stream
touches the water body.
Section 3: (page 6-41 —Zoning Ordinance) 6.23.7d. Calculating the Width of Stream
Buffer
Those streams identified by FEMA as having floodplains shall have
stream buffers calculated from the outside edges of the floodplain.
1) How to Calculate Slope (See illustration attached)
a. Draw aline 250' length perpendicular to the GtFeam lines, at 200-foot
horizontal Intervals along the entire length of the outside edges of
3
r
p
Ordinance 4
the stream, te the stream, or the outer edge of the FEMA floodplain,
whichever is greater.
b. Determine the elevation at either the stream bank itself(1) or the outer
edge of the FEMA floodplain, whichever is highest, and at the point
250' from the stream or FEMA floodplain, whichever is applicable,
along the perpendicular line (2).
c. Subtract (1) from (2).
d. Divide c. by 250.
e. Multiply d. by 100.
f. Perform this calculation for both sides of the stream or floodplain.
(See Attachment A for example of how the calculations shall be
performed)
Hereafter, the number derived in e. will be referred to as "slope value".
2) Method A— Stream Buffer biased on Slope and Groundcover
The width of the buffer shall be a minimum of fifty (50)feet from each
edge of the floodplain. , In addition
to the fifty (50) foot buffer, an additional 15 feet shall be added to the
50-foot buffer (65 feet total) where the slope value is less than 7.5%,
as measured 250 feet from the edge of the floodplain. For slope
values 7.5% and greater, as measured 250 feet from the edge of the
floodplain, an additional 30 feet shall be added to the 50-foot buffer
(80 feet total). These calculations shall be made from each side of
either the stream bank or floodplain, whichever is greater.
Section 4: Amend Detailed Table of Contents Section 6.24 to read as follows:
Additional Requirements for Lots Outside of Watershed Protection
Areas
Create new Section 6.24.1 to include a minimum stream buffer for areas
outside of Orange County Watershed Protection Overlay Districts 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 perennial streams and
intermittent streams, or along the FEMA identified floodplains,
whichever is greater. Perennial streams are those streams shown as
solid blue lines, and intermittent streams are those streams shown
as broken blue lines on the USGS Quadrangle maps for Orange
County. The stream buffer shall extend around the perimeter of all
water bodies including ponds, lakes and reservoirs if any portion of
the stream buffer of a perennial or intermittent stream touches the
water body.
4
Ordinance 5
Create new Section 6.24.2 to read as follows:
Minimum Usable Lot Area for Lots that Utilize Ground Absorption
Wastewater Systems
The usable lot for parcels between 40,000 square feet and 1.99 acres
in size shall be a minimum of 30,000 square feet. Zoning lots two
acres and greater shall have a minimum usable lot area of at least
40,000 square feet.
Create new Section 6.24.3 to read as follows:
Applicability and administrative provisions of Section 6.23 shall
apply to this section.
Section 5: Amend Section 6.23.10 APPLICABILITY to read as follows:
a) Existing Development
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); 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); 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); 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).
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 only affect the Stream Buffer section of the
ordinance and are not meant to supersede any FEMA regulations
or requirements.
5
Ordinance 6
Section 6: This ordinance shall be effective upon its adoption.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that ....
Upon motion of Commissioner , seconded by Commissioner
, the foregoing ordinance was adopted this the 18th day of September
2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on September 18, 2001 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of ,
2001.
Clerk to the Board of Commissioners
6
7
t�
100 YEAR N
FLOOD
b -
260' A
Elevation
�N�'Water
B Floodplain
2500
A CALCULATION B CALCULATION
a. 250' LINE a. 250' LINE
b. 130' FLOODPLAIN b. 130' FLOODPLAIN
c. 140 - 130 = 10 c. 150 - 130 = 20
d. 10/250 = 0.04 d. 20/250 = 0.08
e. 0.04 X 100 = 4 % SLOPE VALUE e. 0.08 x 100 = 8 % SLOPE VALUE
SLOPE VALUE LESS THAN 7.5% = SLOPE VALUE GREATER THAN 7.5 % _
STREAM BUFFER = 50' + 15' = 65' TOTAL STREAM BUFFER = 50' + 30' = 80' TOTAL
(TO BE ADDED TO EXISTING FLOODPLAIN) (TO BE ADDED TO EXISTING FLOODPLAIN)
Created by Bettina Brinkley ATTACHMENT A
Orange County Planning
8
1
2
3 MINUTES
4 ORANGE COUNTY PLANNING BOARD
5 NOVEMBER 2,2000
6
7
8 MEMBERS PRESENT: Leo Allison(Chair),Crauford Goodwin,Karen Barrows,Howard
9 McAdams,Nicole Gooding-Ray,Runyon Woods,Rachel Preston,Bob
10 Strayhorn,Barry Kart
11'
12 MEMBERS ABSENT: James Selkirk(out of town-excused)and Lynn Holtkamp(unexcused)
13 '
14 STAFF PRESENT: Planning Director Craig Benedict,Carla Bateman,Joanna Bradshaw,
15 Eddie Kirk,Gene Bell,Robert Davis
16
17 AGENDA ITEM#1: CALL TO ORDER AND ROLL CALL
18 Chair Allison called the meeting to order.
19
20 AGENDA ITEM#2: CONSIDERATION OF ADDITIONS TO AGENDA
21 None
22
23 AGENDA ITEM#3: APPROVAL OF MINUTES-October 4,2000
24
25 MOTION: Katz moved approval of the minutes from October 4,2000 of the Orange .
26 County Planning Board. Seconded by Gooding-Ray.
27
28 VOTE: Unanimous
29
30 AGENDA ITEM#4: COMIVIISSIONERS'MEETINGS ACTION REPORTS
31 (September S,2000.and September 19,2000)
32
33 AGENDA ITEM#5: PUBLIC CHARGE
34 Chair Allison read the public charge.
35
36 AGENDA ITEM#6: CHAIR COMMENTS
37 None
38
39 AGENDA ITEM#7: CO ./ADVISORY BOARD REPORTS
40 a. Board of Adjustment-no meeting
41 b. Agricultural Preservation Board-Straybom reported that five new
42 members had been added to the board.
43 c. Ordinance Review-Chair Allison reported that they discussed--- - ------_.
44 stream buffers and this would be dealt with later in the agenda.
45 d. Report an Comprehensive Plan Update-no report _
46
47 AGENDA ITEM#8: SUBDIVISIONS
48 a. Concept Plans
49
50 1)Whisper Ridge
51 (Cheeks Township 15 Lots ConservatiadCluster
52 17 Lots Conventional)
53
9
i�
AGENDA ITEM#9: MATTERS HEARD AT PUBLIC HEARING (AUGUST 28,2000)
3 a. Zoning Ordinance Amendments
4 (1)Proposed Stream Buffer Amendments
5
6 Davis made the presentation. He said that this item was referred back to the Planning Board at the public
7 hearing for a recommendation. It was brought to the Ordinance Review Committee to make a
8 recommendation to the Planning Board.
9
10 The ordinance restricts the amount of unencumbered tot space on lots. In other words,there would have
I 1 to be a minimum lot size that could be built on for a particular lot. For any lot between 40,000 square feet
12 and 1.99 acres,there would have to be a usable area of 30,000 square feet. For any lot that is two acres
13 and greater in size,there would have to be a usable area of 40,000 square feet. The definition of a usable
14 lot area is the portion of a lot unencumbered by stream buffer,conservation easements,drainage
15 easements,public or private rights-of-way,access easements,and utility easements. It also includes the
16 portion of a lot unencumbered by slopes greater than 20 percent and wildlife corridors,ponds,lakes,and
17 other bodies of water. The stream buffer has also been clarified to be from the edge of the floodplain.
18
19 On page 58,under"Method A-Stream Buffer Based on Slope and Groundcover"the Ordinance Review
20 Committee recommended some changes. The width of the buffer shall be"a minimum of"50 feet. For
21 slope values less than 7.5 percent,the Ordinance Review Committee recommended that only an
22 additional 15 feet should be added to the 50-foot buffer. For slope values 7.5 percent and greater,the
23 Ordinance Review Committee recommended that only an additional 30 feet should be added to the 50-
24 foot buffer.
25
26 Regarding Section 8,which reads, "This ordinance shall be effective upon its adoption,"the Ordinance
27 Review Committee recommended that lots with building permits would be vested,septic system repair
28 areas would be vested,and any existing structures that are in the buffers would be vested.
29
30 Benedict said that if a FEMA floodplain is modified by the federal government,a rebuilding probably
31 would not be allowed.
32
33 Davis said that the Ordinance Review Committee agreed unanimously to recommend the ordinance
34 amendments to the Planning Board.
35
36 There was a question about the last sentence of the definition of"lot,usable",and it was changed to say,
37 "Usable lot also excludes all areas within lots having slopes greater than 20%and all areas within wildlife
38 corridors,ponds,and lakes."
39
40 Barrows asked about the definition of a wildlife corridor. Davis said that it should have been included in
41 the document to say,"as designated in the Land Use Element of the Comprehensive Plan."
42
43 McAdams asked if all of the people that would be affected by the ordinance amendment were notified of
.44- _she change and Davis said that they were not notified individually,but through the legal advertisement.
45 The main issue has to do with new lots that are encumbered and not usable.
46
47 Woods asked about farming activities in the floodplain and said that they should be exempt. Barrows
48 disagrees because of possible pesticides being used near the water.
49
50 Davis said that bona fide farms were exempt from zoning ordinances according to state rules.
51
52 Strayhorn would lice it stated in the document that farms would be exempt.
53
f
10
1 Gooding-Ray is opposed to exempting all#arms because of the pesticides in the water.
2
3 It was decided that the document would,remain silent about the exemption of farms.
4
5 Goodwin is concerned about the wildlife corridor and that 330 feet on either side of themajor waterways
6 is not usable.
7
8 Woods said that he supports a minimum usable lot size,but he thinks it is a bad idea to not count 330 feet
9 on either side of the major waterways.
10
i 1 Barrows said that people should be notified enough to come to a public hearing if they are going to be
12 affected. Davis said that for text amendments,people are not notified.
13
14 Benedict said that the wildlife corridors could be similar in width to the stream buffers.
' 15
16 The board agreed that along streams the wildlife corridor would be the same width as the stream buffer.
17 In areas where the wildlife corridor is not along a stream,it will be reduced to a total of 150 feet.
18
19 MOTION: Katz moved approval of the proposed Post Public Hearing to Planning
20 Board Ordinance as given in the Stream Buffer Zoning Ordinance
21 Amendments as revised above. Seconded by Woods.
22
23 VOTE: Unanimous
24
25 AGENDA ITEM#10: INFORMATIONAL ITEMS
26
27 a. Planning Calendar-November
28 b. Next Planning Board Meeting-November 16,2000®6:00 p.m.
29
30 Chair Allison reminded the board that he would not be at the public hearing on November 27,2000.
31 McAdams will be sitting in for him.
32
33 Benedict indicated what would be on the quarterly public hearing-American Stone Company quarry
34 zoning and special use permit,school impact fee ordinance(Orange County system only),School
35, Adequate Public Facilities Ordinance,and subdivisions of non-residential land. The items on the
36 Economic Development District moratorium and the Pathways Preserve were taken off the agenda by the
37 Commissioners.
38
39 AGENDA ITEM#11: ADJOURNMENT
I 40
41 With no frurther items to discuss,the meeting was adjourned at 10:15 p.m.
42
43 Leo Allison,Chair
44
45 Becky Butler,Minutes Preparer
46
11
Public Hearing Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
Section 1: Amend Article 22 DEFINITIONS by creating a new definition as follows:
Lot, Usable—The.portion of a zoning lot unencumbered by stream
buffers, conservation easements, drainage easements, public and
private rights-of-way, access easements, utility easements. This
definition also includes areas in lots affected by steep slopes, (i.e.
greater than 15%), wildlife corridors, ponds, lakes and streams.
Section 2: Amend Section 6.23.7a and Article 22 DEFINITIONS of Stream Buffer to
clarify that the stream buffer is not to be included within the floodplain.
Stream Buffer— a stream buffer is an area of land adjacent to perennial
and intermittent streams, or identified floodplains, which, except as
permitted in Article 6.23.7 of this Ordinance, must remain undisturbed in
its natural state. Perennial streams are shown as solid blue lines and
intermittent streams as broken lines on the USGS Quadrangle maps.
Section 3: (page 6-41 —Zoning Ordinance) 6.23.7d. Calculating the Width of Stream
Buffer
d. Calculating Width of Stream Buffer
Those streams identified by the Federal Emergency Management Agency
(FEMA) maps to have floodplains shalt have stream buffers calculated from
the outside edges of the floodplain. '
1) How to Calculate Slope
a. Draw a-liee 250' length perpendicular lines, at 100-foot horizontal
intervals along the entire length of the outside edges of the stream,
to the m, or the outer edge of the FEMA floodplain, whichever is
greater.
b. Determine the elevation at either the stream itself (1) or the outer edge
of the FEMA floodplain, whichever is highest, and at the point 250'
from the stream or FEMA floodplain, whichever is applicable, along the
perpendicular line (2).
c. Subtract (1) from (2).
d. Divide c. by 250.
e. Multiply d. by 100.
f. Perform this calculation for both sides of the stream or floodplain.
Hereafter, the number derived in e. will be referred to as "slope value.
L}
12
Public Hearing Ordinance
Section 4: Amend Detailed Table of Contents Section 6.24 to read as follows:
Stream Buffers Outside of Watershed Protection Overlay Districts
Section 5: Amend new Section 6.24 to include a minimum stream buffer for areas
outside of Orange County Watershed Protection Overlay Districts to read
as follows:
In areas not identified on the Official Zoning Atlas as Watershed
Protection Overlay Districts, a stream buffer a minimum of 30 feet in
width shall be established along both sides of perennial streams and
intermittent streams, or along the FEMA identified floodplains,
whichever is greater. Perennial streams are those streams shown as
solid blue lines, and intermittent streams are those streams shown
as broken blue lines on the USGS Quadrangle maps for Orange
County.
Section 6: Amend Detailed Table of Contents Section 6.25 to read as follows:
Minimum Usable Lot Area for Lots on Ground Absorption
Wastewater Systems
Section 7: Amend the new Section 6.25 to set minimum usable lot area when Ground
Absorption Wastewater Systems are used to read as follows:
The usable lot for parcels between 40,000 square feet and
1.99 acres in size shall be either 30,000 square feet or 40% of the
total zoning lot,whichever is greater. Zoning lots two acres and
greater shall have a minimum usable lot area of at least 40,000
square feet.
Section 8: This ordinance shall be effective upon its adoption.
(Signature) (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
Date and Seal
t 13
1 MINUTES
2 ORANGE COUNTY BOARD OF COMMISSIONERS
3 AND
a ORANGE COUNTY PLANNING BOARD
5 August.28,2000
6
7 The Orange County Board of Commissioners and the Orange County Planning Board met on Monday,
8 August 28, 2000 at 7:30 p.m. in the Judge Gordon F. Battle Courtroom in Hillsborough, North Carolina
9
10 COUNTY COMMISSIONERS PRESENT: Vice-Chair Stephen H. Halkiotis and Commissioners
11 Margaret W. Brown,Alice M. Gordon,and Barry Jacobs
12 COUNTY CO MISSIONER ABSENT: Chair Moses Carey,Jr.
13 ILL ANNING BOARD MEMBERS PRESENI: Leo Allison, Chair and members Runyon Woods, Bob
14 Strayhom, Crauford Goodwin,Karen Barrows, Howard McAdams,Barry Katz, and Rachel Preston
15 COUNTY ATTORNEY PRESENT,) Geoffrey Gledhill
16 COUNTY STAFF PRESENT; County Manager John M. Link,Jr., Planning Director Craig Benedict
17 and Clerk to the Board Beverly A. Blythe(all other staff members will be identified appropriately below)
18
19 NOTE: I DOCUMENTS REFERRED TO IN THESE MINUTE„g an IN I E PERMANENT
20 AGENDA Fite IN KE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING VALL BE
21 KEPT FOR S YEAR&
22
23 A. QPENING REMARKS FROM Iff VICE-CHAIR
24 He announced that Chair Careywas out of town and that he, Commissioner Halkiotis, would
25 be chairing this meeting along with Leo Allison, Chair of the Orange County Planning Board. The
26 Board of Commissioners agreed to address item C5 first•Shaping Orange County's Future
27 Report.
28
29 B. PUBUC CHARGE
30 Commissioner Haikiotis read the public charge.
31
32 NOTE: Planning Board Chair Leo Allison chaired Items C1 and 4
33 Commissioners'Vice-Chair Stephen Halldotis chaired items 2, 3, and 5
34
. 35 C PUBLIC HEARINC8 T� IBS
36 1. Orange Counft Zoning Ordinance TW Amendm2nli
37 a. Article 22 Deflnitians for lot; Usable
38 b. Article 22 Definitions of Stream Buffer
39 c. Section 623.7 Stream Buffers
40 d. Detailed Table of Contents
41 e. Section 634 Stream Buffers Outside of Watershed Protection Overlay
42 Districts
43 f. Section 6.23 Usable lot areas when using Ground Absorption Septic Systems
44
45 Planner Robert Davis summarized this item. He said that these text amendments were
46 coming forward to dears up a section of the ordinance for better interpretation and to consistently
47 interpret what the stream buffer section means. He said that right now there was not a stream
48 buffer requirement unless the land was in a watershed. He explained a map showing the stream
49 buffers and the edge of the flood plain. On the calculation of the width, the ordinance indicates that
50 only a perpendicular line across the stream should be drawn, but it does not say how many times
51 this should be done along the stream. He said that the minimum feet that the staff is
52 recommending is 140 feet along the horizontal area. Also, the definition of a Usable Lot has been
53 clarified as, "the portion of a zoning lot unencumbered by stream buffers, conservation easements,
54 drainage easements, public and private right-of-ways, access easements, and utility easements."
55 The definition also includes areas affected by steep slopes, which are slopes greater than 15%,
56 wildlife corridors, ponds, lakes, and streams. This item will be going back to the Planning Board
IF7
2 14
with a recommendation back to the Commissioners no earlier than October 3"'. The Ordinance
2 Review Committee will also review these amendments.
3 Commissioner Gordon made reference to the statement on page four, Section 7,
4 "Usable lots for parcels between 40,000 square feet and 1.99 acres in size shall be either 30,000
s square feet or 40%of the total zoning lot,whichever is greater. Zoning lots two acres and greater
6 shall have a minimum usable lot area of at least 40,000 square feet" She asked if some kind of
7 usable lot area could be settled on and required for everybody instead of stepping it up. Robert
8 Davis said that the 40%was added because there was quite a gap between 40,000 and two acres.
9 Commissioner Gordon said that her point was that the amount of square footage should
10 be justified. Her question is why more should be added to the justified amount.
11 Craig Benedict said that 30,000 square feet was the definite minimum because it would
12 accommodate the house site,driveway, septic area, and repair area with a margin for some
13 accessory structures. With zoning lots of two acres or more,the people who are going to have a
14 two-acre lot would most likely have other accessory structures that would need additional usable
15 area. He agrees that the 400A is not critical on the smaller lot size.
16 Commissioner Jacobs suggested that it would nice to include an illustration on the
17 definition of a steep slope. He asked about Section one and the Usable Lot. He asked about
18 conservation easements. Craig Benedict said that they were definitely not trying to discourage
19 conservation, but that stream buffers or conservation easements should not be included in the
20 accomplishment of the minimum lot size.
21 Rachel Preston asked If there was any verbiage on what a homeowner could do to
22 streams and vegetation. Craig Benedict said that it was handled by the Erosion Control and
23 Sedimentation Ordinance,which says that natural water courses are not supposed to be diverted.
24 There is encroachment to some degree but changing water courses is limited In the majority'of
25 cases. If there is any disturbance of this nature, there has to be some kind of mitigation.
26 Commissioner Brown asked If this establishes a 30-toot buffer and Craig Benedict said
27 that it did establish a 30-foot buffer In areas that are not part of the protected watershed.'
28 Bob Strayhorn and Runyon Woods of the Planning Board made comments, but
29 they were not speaking into the microphone, so 1 could not hear them.
34 .
31 EUBLIC COMMENT
32 Mr. Joe Phelps said that he did not know that his subdivision request would cause so
33 much work and so many drastic changes in the rules and regulations of the Zoning Ordinance. He
34 feels that the changes in the rules and regulations are very.drastic. He feels that most of these
35 amendments are not necessary. He questioned why the County Commissioners would want to put
36 stream buffers on areas that are In the non-protected watershed. He supports affordable housing
37 and thinks that with these new rules on development, no one could afford to buy land in Orange
38 County. His main concern Is what is being taken away from present landowners with regard to the
39 33% of required open space with no compensation. He said that these new regulations would
40 greatly reduce the number of people that would be coming into Orange County in the next 30
41 years.
42 Scott Radway had some questions on what was meant by the proposals.
43 Section 1 -Usable Lot Area-steep slopes(i.e., greater than 15%). He prefers a 25%
44 grade.
45 Wildlife Corridors-as Identified by whom, when,where, and for what purpose
46 Section 2-Stream Buffer-who identifies the floodplains
47 Minimum buffers that are not in protected watersheds-why 30 feet and not more
48 Section 6-Minimum Usable Lot Areas-should say minimum usable lot area for lots
49 that utilize ground absorption
50 30,000 or 40,000 square feet lot-much easier to say 30,000 or 40,000 and not 40%
51
52 Bobby Nichols said that he has stream buffers on his land that he is concerned about.
53 He made reference to page three, section two, which says, "must remain undisturbed in its natural
54 state," and asked for a definition. Craig Benedict said that if someone owned land that was within
3 15
1 the floodplain and wants to have any type of agricultural production or forestry, they are exempted
p2b y the majority of state laws.
3 With no further public comment, Chair Allison closed the public hearing.
4 A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
5 refer the proposed zoning text amendments to the Planning Board for a recommendation to be
6 returned to the Board of County Commissioners no sooner than October 3, 2000.
7 VOTE: UNANIMOUS
8
9 2. ORANGE COUNTY TELECQMMUNiCATiONS TOWER APPROVAL
10 REQUiREMENTS AND PROCE S
11 Craig Benedict made a correction to the agenda abstract that this item was a public
12 hearing. The abstract indicated that it was not a public hearing.
13 Craig Benedict made this presentation. He said that it had been four years since the
14 inception of the telecommunication rules in Orange County. A lot of improvements have been
15 made since that time. He explained in detail the following issues and suggestions. A section of
16 definitions could be added that describes the different types of antennse.arrays that can be on the
17 towers. He explained the possibility of putting towers on existing structures such as hotels, etc.
is One of the suggestions is for the County to put together a master plan where the County has more
i4 involvement in the placement of telecommunications towers. Another suggestion is allowing
20 telecommunication facilities to be in electrical transmission lines. Another suggestion is the
21 development of utility corridors across the County. There are minimum standards that can be
22 augmented within the County's code to promote more co-location and multi-use. At this time,the
23 standards for telecommunications towers is that anything 200 feet and above Is a Class A Special
24 Use and it goes to both the Planning Board and County Commissioners, If it is 189 feet, it is a
25 Class B and just goes to the'Board of Adjustment. The staff provided the County Commissioners
26 with a report over the last year, and all of the towers were Class B with a height of 195 feet and
27 above. He said that the County Commissioners could change the height at which the tower would
28 requires Class A Special Use Permit. He said that there were other counties and towns that were
29 putting together master telecommunication plans. The reaction to these plans has been favorable
30 so far. He said that the Commissioners did not have to make any decisions tonight.
31 Commissioner Gordon made reference to page 7, Telecommunications Facilities, and
32 asked Craig Benedict why the facilities would be permitted as an accessory use in parks and
33 recreation greater than 1.25 acres and in community facilities. Also, at the top of page 9, Section
34 C, it says"it shall not be permitted within 200 feet of any residential district or residential portion of
35 a PUD unless a property is designated as part of the special utility overlay district. She asked If
36 that could sometimes negate the placement in parks, recreation areas, and community facilities.
37 Craig Benedict said that, in regards to the parks and community facilities,they were zoning
38 designations that may or may not be on the zoning map at this time. He said that there was
39 enough latitude in the regulations so that there were no conflicting provisions.
40 Commissioner Gordon said that community facility needed to be defined. Craig
41 Benedict said that in his previous experience,towers were located in parks where there were I
42 lights. He said that towers could be incorporated in parks and could sometimes reduce the cost of
43 sports lighting poles.
44 Commissioner Jacobs suggested having a differential fee structure,which would
45 encourage people to do the things that the County prefers, such as co-location. Also, regarding
46 the issue of the height of the poles, he would like for the County Commissioners to review all of the
47 applications. He said that if the requests for towers were going to the Board of Adjustment,then
48 the County Attorney should be present at the meetings. Craig Benedict will do some research with
49 the present ordinance and look at the rationale for the height number,which causes the application
50 to go to the Board of Adjustment instead of to the County Commissioners. Commissioner Jacobs
51 made reference to the$4,000 application fee and asked if the County's legal representation was
52 included in that Craig Benedict will take a look at the fee structure, County staff time, attorney
53 time, etc.
54 Commissioner Halkiotis made reference to co-location and said
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