HomeMy WebLinkAboutAgenda - 11-08-2012 - 5f
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:November 8, 2012
Action Agenda
Item No.5-f
SUBJECT:Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendment Schedule for February 2013Joint Quarterly Public Hearing – Site
Plan Submittal for Projects Requiring StormwaterReview
DEPARTMENT:PUBLIC HEARING: (Y/N)
Planning and InspectionsNo
ATTACHMENT(S):INFORMATION CONTACT:
1.Comprehensive Plan and Unified Michael D. Harvey, Planner III,245-2597
Development Ordinance Amendment Ren Ivins, Erosion Control,245-2586
Outline Form (Zoning 2012-016)Craig Benedict, Director, 245-2575
PURPOSE:
To consider and approve the process components and schedule for a Planning
Director initiated Unified Development Ordinance (UDO) text amendment for the February 25,
2013 Quarterly Public Hearing concerning submission of formal site plans for projects requiring
stormwater plan approval.
BACKGROUND:
On April 17, 2012 theBOCC approved a UDO amendment package
incorporating recent stormwater management and nutrient reduction strategies implemented by
the State.This included the establishment of land disturbance thresholds for both residential
and non-residential projects requiring submittal of formal, engineered, stormwater plans. Please
refer to Section B.1 of Attachment 1for additional information on these thresholds.
Problems arisein those instances where a project’s proposed overall land disturbance requires the
submission of a formal stormwater management plan. Staff does not want there to be conflicting
information provided to the public as to when a formal siteplan is required nor is it efficient forthe
staff of Current Planning and Erosion Control to potentially be looking at twodifferent sets of plans
proposing the development of a given property.
The intent of this amendment is to incorporate established thresholds into existing language within
the UDO requiring formal site plan preparation and submittal by an applicant when said thresholds
are exceeded. By modifying existing language staff intendsto eliminate unnecessary costfor the
applicant, with respect to the completion of multiple site plans required for each division, and provide
sufficient detailto local residents and developers on when formal site plan preparation is necessary.
Staff is also proposing to include language requiring the development of formal stormwater plans,
consistent with established land disturbance thresholds, for minor and major subdivisions. Both
Current Planning and Erosion Control staff agree potential problems can be eliminated if there is a
formal stormwater management plan approved duringthe subdivision(i.e. minor and major) review
and approval process.
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FINANCIAL IMPACT:
Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S):
The Manager recommends the Board approve the Amendment
Outline form contained within Attachment 1 and direct staff to proceed accordingly.
Attachment 1
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COMPREHENSIVE PLAN/FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENTOUTLINE
UDO / Zoning-2012-016
Amendment(s) requiring submittal of formal site plans and stormwatermanagement
plans for residential and non-residential projects
A.AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From: ---
To: ---
Zoning Map:
From:- --
To:---
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO GeneralText Changes
UDO Development Standards
UDO Development Approval Processes
Section(s):1.Section 2.4.1 Zoning Compliance Permits –Applicability
2.Section 2.5.3 Plan Specifications
3.Section 7.6.3 Land Suitability
Other:
B.RATIONALE
1.Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
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Development Ordinance Amendmentsof the UDO, the Planning Director has
initiated a text amendment to modify existing language requiring the submittal of
formal stormwater plans as part of subdivision and development applications.
The State recently implemented stormwater management and nutrient reduction
strategies. As part of these strategies, the County recently modified existing regulations
mandating the preparation and submittal of formal, engineered, stormwater management
plans as part of any development project where proposed land disturbance reached the
following thresholds:
Watershed/River BasinStormwater –Non-Stormwater –Residential
residential
Cape Fear (includes the Projects proposing over Projects proposing over
Back Creek, Haw River, 21,780 square feet of 43,560 square feet of
Cane Creek, Jordan Lake, disturbance are required to disturbance are required to
and University Lake submit a stormwater submit a stormwater
protected and critical management planmanagement plan
watershed overlaydistricts
as well as those properties
within the basin not located
in a watershed overlay
district)
Neuse (includes Flat River, Projects proposing over Projects proposing over
Little River, Upper and 12,000 square feet of 21,780 square feet of
Lower Eno protected and disturbance are required to disturbance are required to
critical watershed overlay submit a stormwater submit a stormwater
districtsas well as those management planmanagement plan
properties within the basin
not located in a watershed
overlay district)
Roanoke (includes SouthProjects proposing over Projects proposing over
Hyco Creek protected 20,000square feet of 43,560 square feet of
watershed overlay district)disturbance are required to disturbance are required to
submit a stormwater submit a stormwater
management planmanagement plan
These changes were incorporated into the UDO on April 17, 2012.
This proposed amendment is designed to:
1.Require formally prepared site plans for those projects exceeding established
stormwater disturbance thresholdsfor residential projects.
Submittal of formal site plans isalready required for all non-residential projects
regardless of the proposed land disturbance activity.
2. Incorporate references within various locations of the UDO identifying which
land development projects need to comply with these standards in an effort to
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eliminate confusion and provide definitive application submittal standards.
3.Analysis
As required under Section 2.8.5 of the Orange County Unified Development
Ordinance, the Planning Director 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’.
The required analysis will be completed before the public hearing and will be
part of the quarterly public hearing materials.
4.Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
This amendment is designed to provide additional references to existing
development standards already contained within the UDO.
5.New Statutes and Rules
This amendment is designed to reference compliance with recently adopted
modifications to the UDO related to stormwatermanagement and nutrient reduction
standards consistent with the following State regulations:
15A NCAC 2B. 0277Falls Lake Stormwater New Development Rule
15A NCAC 2B. 0265 and Session Law 2009-484 Jordan Lake Stormwater New
Development Rules
C. PROCESS
1.TIMEFRAME/MILESTONES/DEADLINES
a.BOCC Authorization to Proceed
November 8, 2012
b.Quarterly Public Hearing
February 25, 2013
c. BOCC Updates/Checkpoints
December 5, 2012 -BOCC members receive materials to be reviewed by the
Planning Board’s Ordinance Advisory Committee(ORC) as part of the
Planning Board packets sent to all BOCC members each month
February 5, 2013 – Approval of legal ad
May 7, 2013 -Receive Planning Board recommendation
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d.Other
2.PUBLIC INVOLVEMENT PROGRAM
Mission/Scope:
Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a.Planning Board Review:
December5, 2012 –Ordinance Review Committee(ORC).
March 6, 2013–April 3,2013 (recommendation)
b.Advisory Boards:
c. Local Government Review:
Courtesy Review –Town(s) of Chapel
Hill, Carrboro, Hillsborough, City of
Mebane
d.Notice Requirements
Legal advertisement will be published on February 13 and 20, 2013.
e.Outreach:
General Public:
Small Area Plan Workgroup:
Other:
3.FISCAL IMPACT
While these proposed amendments are merely designed to incorporate necessary
references with respect to complying with established thresholds, and requiring the
submission of formal site plans in the event a stormwater management plan is
required, staff had previously identified compliance with these new State required
standards will impose additional costs for development projects and require
additional staff resources.
Workloadfor Current Planning and Erosion Control staff to review and approve
stormwater management plans required by the rules is expected to increase.
Workload for staff with respect to the inspection of stormwater management features
is also expected to increase. This may necessitate an increase in fees charged to
developers.
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As reported at the February 27, 2012 Quarterly Public Hearing, it is expected that
enforcement of the new regulations will require, at a minimum,one up to one
additional full time employee for Erosion Control with an approximate cost of
$65,000.
Staff is continuing to evaluate workload and needs as the process moves forward.
D.AMENDMENT IMPLICATIONS
The amendments are in response to recent modifications to the UDO relating to
compliance with stormwaterand nutrient management requirements and staff’s desire to
ensure proper reference forcompliance with these aforementioned new standards.
As previously indicated by staff, compliance with these required standards is expected to
increase the cost of development and increase staff workload.
E. SPECIFIC AMENDMENT LANGUAGE
Available as part of public hearing materials.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
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