HomeMy WebLinkAboutORD-2000-143 Stream Buffer Zoning Ordinance Amendments el
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 4, 2000
Action Agen a
Item No. —
SUBJECT: Stream Buffer Zoning Ordinance Amendments
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) NO
ATTACHMENT(S):
Administration Ordinance w/Attachment INFORMATION CONTACT:
Post PH to Planning Board Ordinance Robert P. Davis, Planner III, Ext. 2580
Draft Minutes November 2, 2000 Planning Craig Benedict, Director, Ext. 2592
Board TELEPHONE NUMBERS:
Public Hearing Ordinance Hillsborough 732-8181
Draft Minutes of August 28h Public Hearing Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To make a decision on the proposed Stream Buffer Amendments.
BACKGROUND;
Reg-uest
• Amend the Stream Buffer and related sections in the Zoning Ordinance
• Provides clearer and language to users to help calculate stream buffers consistently
• Adds new definition in Zoning Ordinance for Usable Lot Area
• Adds new definition in Zoning Ordinance for Federal Emergency Management Agency
• Sets minimum square footage of lots that must be unencumbered by stream buffers,
easements, water bodies, wildlife corridors, etc.
• Establishes minimum 50-foot(each side) stream buffers for perennial (blue line) and
intermittent (dashed blue line) streams outside of Watershed Protection Overlay Districts
• 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
• Referred amendment to the Planning Board for a recommendation back to th?,Board of
County Commissioners 'wy'
2
• 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
9 2). Septic system repair areas
9 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
FINANCIAL IMPACT: There is no direct financial impact associated with this decision.
RECOMMENDATION(S):
Administration Recommendation: Approval of the Administration Ordinance.
Planning Board Recommendation: Approval of the Post Public Hearing to Planning Board
Ordinance with changes as reflected above.
3
Administration Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
Bold = Proposed Text
StFiketheugh = 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, conservation easements, drainage easements, public and
private rights-of-way, access easements, and utility easements. Lot,
Usable also excludes all areas within lots having slopes greater than
20%, all bodies of water including, but not limited to, ponds, lakes
and reservoirs as well as the area within wildlife corridors as defined
in the Land Use Element of the Orange County Comprehensive Plan.
For calculation of Lot, Usable the maximum width of a wildlife
corridor is 150 feet 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.
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 GtFea ' lines, at 200-foot
horizontal intervals along the entire length of the outside edges of
the stream, te the GtFeam, 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
,: ,
G:robert/august2000ph/StreamBuffer0rdinance(Administration Ordinance)
4
Administration Ordinance
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 Based on Slope and Groundcover
The width of the buffer shall be a minimum of fifty (50) feet from each
edge of the floodplain. , plus the slepe Yalue multiplied by In addition
to the fifty (50) foot buffer, an additional IS 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 7.6% 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:
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 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.
Section 6: Amend Detailed Table of Contents Section 6.25 to read as follows:
Minimum Usable Lot Area for Lots that Utilize Ground Absorption
Wastewater Systems
G:robert/august2040ph1StreamBuffer0rdinance(Administration Ordinance)
Administration Ordinance
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 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.
Section 8: For purposes of this of this ordinance the following stream buffer
situations shall be vested:
1) Structures with valid building permits;
2) Septic system repair areas;
3) Existing structures within the stream buffer as of the adopted
date of this amendment.
(Signature) (Signature)'
Clerk, Board of County Commissioners Chair, Orange County Commissioners
Date and Seal
G:robert/august2000ph/StreamBuffer0rdinance(Administration Ordinance)
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7
Post PH to Planning Board Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
Bold = Proposed Text
StFiIEethew@Il}= 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, conservation easements, drainage easements, public and
private rights-of-way, access easements, utility easements. This
definition also includes all areas within lots having slopes greater
than 20% and all areas within wildlife corridors, ponds and lakes.
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,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
Those streams identified by the Federal Emergency Management Agency
(FEMA) maps to have floodplains shall have stream buffers calculated from
the outside edges of the floodplain.
1) How to Calculate Slope
a. Draw awe 250' length perpendicular to the "yam lines, at 200-foot
horizontal intervals along the entire length of the outside edges of
the stream,to"e GtFeaR, 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.
G:robert/august2000ph/StreamBuffer0rdinance(PostPHtoPB)
8
Post PH to Planning Board Ordinance
Hereafter, the number derived in e. will be referred to as "slope value".
2) Method A—Stream Buffer Based on Slope and Groundcover
The width of the buffer shall be a minimum of fifty (50) feet from each
edge of the floodplain. , plus the slepe Yalue multiplied by In addition
to the fifty (50)feet buffer, an additional 30 feet shall be added to the
50 feet buffer 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 50 feet shall be added to the 60 feet buffer(100 feet total).
These calculations shall be made from each side of the stream bank
or floodplain.
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 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.
Section 6: Amend Detailed Table of Contents Section 6.25 to read as follows:
Minimum Usable Lot Area for Lots that Utilize 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 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.
Section 8: This ordinance shall be effective upon its adoption.
G:robert/august2000ph/StreamBuffer0rdinance(PostPHtoPB)
9
Post PSI to Planning Board Ordinance
(Signature) (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
Date and Seal
G:robert/august2000p4/StreamBuffer0rdinance(PostPHtoPB)
10
1 DRAFT
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 Katz
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: COMMISSIONERS'MEETINGS ACTION REPORTS
31 (September 5,2000 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: COMMITTEE/ADVISORY BOARD REPORTS
40 a. Board of Adjustment-no meeting
41 b. Agricultural Preservation Board-Strayhorn 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 on 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 Conservation/Cluster
52 17 Lots Conventional)
53
11
I AGENDA ITEM#9: MATTERS HEARD AT PUBLIC HEARING(AUGUST 28,2000)
2
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 lot space on lots. In other words,there would have
11 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 the 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 like it stated in the document that farms would be exempt.
53
12
1 Gooding-Ray is opposed to exempting all farms 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 the major 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
11 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 r@z 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
40
41 With no further items to discuss,the meeting was adjourned at 10:15 p.m.
42
43 Leo Allison,Chair
44
45 Becky Butler,Minutes Preparer
46
25
Pubiiic 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) 6.23.74. 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 shall have stream buffers calculated from
the outside edges of the floodplain.
1) How to Calculate Slope
a. Draw a-line 250' length perpendicular lines, at 100-foot horizontal
intervals along the entire length of the outside edges of the stream,
*MFR, 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.
L Perform this calculation for both sides of the stream or floodplain.
Hereafter,the number derived in e. will be referred to as"slope value".
14
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
1 15
1 MINUTES
2 ORANGE COUNTY BOARD OF COMMISSIONERS
3 AND
4 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 COMMISSIONER ABSENT: Chair Moses Carey, Jr.
13 PLANNING BOARD MEMBERS PRESENT: Leo Allison, Chair and members Runyon Woods, Bob
14 Strayhorn, 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: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
20 AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE
21 KEPT FOR 5 YEARS.
22
23 A. OPENING REMARKS FROM THE VICE-CHAIR
24 He announced that Chair Carey was 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. PUBLIC CHARGE
30 Commissioner Halkiotis read the public charge.
31
32 NOTE: Planning Board Chair Leo Allison chaired items C1 and 4
33 Commissioners'Vice-Chair Stephen Halkiotis chaired items 2, 3, and 5
34
35 C. PUBLIC HEARING ITEMS
36 1. Orange County Zoning Ordinance Text Amendments
37 a. Article 22 Definitions for Lot, Usable
38 b. Article 22 Definitions of Stream Buffer
39 c. Section 6.23.7 Stream Buffers
40 d. Detailed Table of Contents
41 e. Section 6.24 Stream Buffers Outside of Watershed Protection Overlay
42 Districts
43 f. Section 6.25 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 clean 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 100 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
^ '
2 16
' i with a recommendation back to the Commissioners no earlier than October 3rd. The Ordinance
2 Review Committee will also review these amendments.
3 Commissioner Gordon made reference bo 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
5 square feet or 40%of the total zoning lot,whichever is greater. Zoning lots two acres and greater
0 shall have a minimum usable lot area ofet least 4O.00O square haet." She asked if some kind of
7 usable lot area could bm settled on and required for everybody instead cf stepping itup. Robert
8 Davis said that the 40%was adde'd 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
lO be justified. Her question ia why more should Ue added to the justified amount.
I Craig Benedict said that 30.OD0 square feet was the definite minimum because it would
l% 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 4096 is not critical on the smaller lot size.
10 Commissioner Jacobs suggested that it would nice boinclude an illustration onthe
17 definition mfm steep slope. He asked about Section one and the Usable Lot. Ha asked about
l& conservation easements. Craig Benedict said that they were definitely not trying bodiscourage
ig conservation, but that stream buffers or conservatio6 easements should not be included in the
2O accomplishment of the minimum lot size.
31 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 io encroachment to some degree but changing woteroournes\o |bnitedintbamajority of
25 ueaea. If there is any disturbance of this nature,there has to be some kind of mitigation.
26 Commissioner Brown asked if this establishes a3O-foot buffer and Craig Benedict said
27 that it did establish s3O-fomt buffer in areas that are not part ofthe protected watershed.
28 Bob Strmyhomm and Runyon Woods mfthe Planning Board made comments, but
29 they were not speaking into the microphone,so8could not hear them.
30
31 PUBLIC COMMENT
32 Mr. Joe Phelps said that he did not know that his subdivision request would cause so
33 much work and sP many drastic changes inthe rules and regulations ofthe Zoning Ordinance. He
34 feels that the changes in the rules and regulations are very drastic. He feels that most ofthese
35 amendments are not necessary. He questioned why the County Commissioners would want toput
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 3396of required open space with nocompensation. He said that these new regulations would
40 greatly reduce the number of people that would ba coming into Orange County|n the next 30
41 years.
42 Scott Radway had some questions on what was meant bvthe proposals.
43 SectionmI -UsabUe Lot Area-steep slopes(ie.. greater than 1S%). He prefers a25Y6
44 grade. .
45 Wildlife Corridors-as identified by whom, when,where, and for what purpose
46 Section 2~Stream Buffer-who identifies the floudp|aina
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 40,00@ square feet lot'much easier to say 30.00Oor4O,DOO and not 4096
51 �
52 Bobby Nichols said that ha has stream buffers on his land that he is concerned about.
53 He made reference bn page three, section two, which . ^nmuotnammain undisturbed in �enatural
54 etate.^ and asked for ade�ndUmn. Craig ReMadi` �' idthmtifn#nmeonmowned |andthotm/aom/ithin
- -
`
/ 7
3
I the floudpiain and wants to have any type of agricultural production or forestry,they are exempted
2 bv the majority
3 With no further public comment, Chair Allison closed the public hemr
4 A motion was made bvCommissioner Gordon, seconded bv Commissioner Jacobs to
5 refer the proposed zoning text amendments to the Planning Board for a recommendation bobe
6 returned to the Board ofCountv��ommiaoion�ran0000n�rth�n(]�o��r� 2OOO
' ' ' i
7 VOTE: UNANIMOUS �
X !
9 2-
lO AND
ll Craig Benedict made a correction to the agenda abstract that this item was apublic |
12 hearing. The abstract indicated that it was not a public hearing.
13 Craig Eenadictmade this presentation. He said that it had been four years since the
14 inception of the telecommunication rules in Orange County. /\lot of improvements have been
15 made since that time. He explained |n detail the following issues and suggestions. A section of
18 definitions could be added that describes the different types of antennae arrays that can be on the
17 towers. He explained the possibility of putting towers on existing structures such as hote|o, stn.
lO One of the suggestions ia for the County hm put together a master plan where the County has more
19 involvement in the placement of telecommunications towers. Another suggestion is allowing
20 telecommunication facilities bnbeinelectrical transmission lines. Another suggestion iothe
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 aQlass A Special
24 Use and |t goes to both the Planning Board and County Commissioners. |fitiw189 feet, |tiso
25 Class B and just goes tmthe Board ofAdjustment. 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. |fe said that the County Commissioners could change the height od which the tower would
28 require a Class}\Special UaePemnit. Ha said that there were other counties and towns that were
29 putting together master telecommunication plans. The reaction tp 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 ofpage 9, Section
34 C, it says "it shall not be permitted within 200 feet of any residential district or residential portion of
35 aPUC} unless a property|a designated aspadofthenpecia| uti|Uxovedaydi*thct. She asked if
36 that could sometimes negate the placement in parho, recreation oneas, and community facilities.
37 Craig Benedict said that, in regards to the parks and community facilities, they were zoning
38 designations that may qr may not beon the zoning map ot 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 tobe defined. Craig
41 Benedict said thmtimhis previous experience. towers were located in parks where there vve*na
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 ofAdjustment,then
48 the County Attorney should be present ad 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 bogoto the Board mf Adjustment instead mfto the County.Commissioners. Commissioner Jacobs
51 made reference to the$4,000 application fee and asked if the County's legal representation vxam
52 included in that. Craig Benedict will take s look ot the fee structure, County staff time, attorney
53 time, etc.
54 Commissioner Halkictis made reference to co-loc"'�on and said that it seemed like the
`
Commissioner Carey asked about the new floodplain designations and the FEMA maps
done in 1981. Robert Davis said that the maps showed established floodplains done by the FEMA.
The County Engineer is in the process of working with FEMA to update the maps and to determine
whether the floodplains have become wider or narrower. He said that this would not be a vesting
regulation because it would be a State or Federal change.
Craig Benedict said that when the new FEMA maps are available, any development that
exists now would be subject to those Federal regulations.
Geoffrey Gledhill made reference to the definition of usable lots and said that it appears
that conservation easements are excluded. One of the uses for conservation easements is to reduce
density. If conservation easements are excluded altogether from usable lots, it will prohibit the use of
conservation easements to reduce density. He recommends striking "conservation easements" from
the definition of"usable lot".
The issue regarding septic system repair areas in Section 8, number two will be clarified
and brought back to the Board.
It was decided that this item would be revised in accordance with the comments made
above and brought back for Board approval on a subsequent agenda.
e. Chapel Hill-Carrboro City Schools Elementary School #9 Planning Funds
This item was postponed to Saturday, December 5115--
10. REPORTS - NONE
11. APPOINTMENTS - NONE
12. MINUTES - NONE
13. CLOSED SESSION
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to go into
Closed Session "To discuss the County's position and to instruct the County Manager and County
Attorney on the negotiating position regarding the terms of a contract to purchase real property,"
NCGS § 143-318.11(a)(5)
Pursuant to GS § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to
preserve the attomey-client privilege between the attorney and the Board."
VOTE: UNANIMOUS
14. ADJOURNMENT
With no further items to consider, Chair Halkiotis adjourned the meeting. The next meeting is
scheduled for Wednesday, December 6, 2000 at 7:30 p.m. at the Chapel Hill Town Council Room in
Chapel Hill, North Carolina.
Stephen H. Halkiotis, Chair
Beverly A. Blythe, CMC
of assistance to him when his equipment caught fire and also when he had bugs in his pine trees. He
feels that if the County Commissioners put restrictions on forestry that it will impact the people who
are selling the timber.
A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to
approve and authorize the Chair to sign the annual agreement with the N.C. Department of
Environment and Natural Resources and the accompanying Memorandum of Understanding.
VOTE: UNANIMOUS
C. Contract for Limited Site Assessment of Underground Storage Tank (UST)
The Board considered contracting with Quantum Environmental, Inc. in the amount of
$20,645, to provide technical services for preparation of a limited site assessment report to the
Groundwater section of the state Division of Water Quality.
Public Works Director Wilbert McAdoo said that a proposal was sent out and three
responses were received. This assessment will be sent to the State to identify the remaining soil
contamination in the immediate vicinity of where the tanks were removed. The contamination should
not be extensive.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
contract with Quantum Environmental, Inc. in the amount of$20,645 to provide technical services for
preparation of a limited site assessment report to the Groundwater section of the state Division of
Water Quality.
VOTE: UNANIMOUS
d. Stream Buffer Zoning Ordinance Amendments
The Board considered proposed stream buffer amendments. Planner Robert Davis
outlined the changes as suggested by the Ordinance Review Committee and approved by the
Planning Board. This item went to public hearing on August 28, 2000 and was referred back to the
Ordinance Review Committee. The Ordinance Review Committee recommended to the Planning
Board to approve the stream buffer ordinance. The Planning Board also recommended approval with
some changes to the ordinance. The purpose of the amendments is to provide clearer language for
stream buffer calculation; add new definitions for Usable Lot Area and Federal Emergency
Management Agency; set minimum square footage of lots that must be unencumbered by stream
buffers, easements, water bodies, wildlife corridors, etc.; and establish a minimum of 50-foot (each
side) stream buffers for perennial and intermittent streams outside of Watershed Protection Overlay
Districts. The zoning text amendment does not affect bona fide farming operations. If the
amendments are approved, they will apply to the entirety of Orange County.
Commissioner Gordon made reference to page five and the added section and asked if
number two should be septic system repair areas for existing structures.
Commissioner Jacobs questioned a situation where a subdivision has been approved but
has not been platted. He does not think that where the septic system repair area is vested is a very
clear cutoff point (i.e., upon issuance of a building permit, or platting of the property).
Geoffrey Gledhill asked that section 8 be excluded from the approval and that he bring it
back with a more clear explanation (i.e., at what point the vesting would occur).
Commissioner Gordon pointed out that the vesting portion did not go to public hearing.
She thinks the staff is going to have to come back with some possibilities and some pros and cons.
Commissioner Jacobs said that it sounds like the definition of"wildlife corridor"would have
to be changed to 150 feet. He said that if the County Commissioners believe that 110 meters is a
valid width for a wildlife corridor, then there may need to be some recognition in the process by the
person purchasing the lot that an additional amount of land would constitute a wildlife corridor.
Robert Davis said that"wildlife corridors" are not mapped on the plat.
Commissioner Jacobs also questioned how a buffer could be set around a body of water
that may at some point in the future be eliminated (i.e., filling in a pond). Robert Davis said that if a
pond were in the middle of the field, it would not be included because it would not be in the same
area of the stream buffer. If the pond were adjacent to the floodplain, then the buffer would be
included.