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HomeMy WebLinkAboutPH ORD-1997-042 Zoning Oradinance Text Amendment Article 6.23 Watershed Protection Overlay Districts Article 22 Definitions ? C .q --1 v Z - ORANGECOUNTY BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 24, 1997 Action Agenda Item#L_3_LLL SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Article 6.23 Extra Requirements for Watershed Protection Over:.ay Districts Article 22 Definitions DEPARTMENT: PLANNING PUBLIC HEARING —X–Yes No BUDGET AMENDMENT Yes X No ATTACHMENT(S): INFORMATION CONTACT: Mary'Willis Proposed Amendments Extension 2583 Correspondence from Division of Water Quality TELEPHONE NUMBERS: Hillsb+)rough 732-8181 Durham 688-7331 Mebmv 227-2031 Chapel Hill 967-9251 PURPOSE: To receive citizen comment on a proposed amendment to the Zoning Ordinance. BACKGROUND: Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon thercafter submitted for review and approval by the Environmental Management Co=tission. The Division of Water Quality(DWQ),responsible: for reviewing the ordinances for all NC counties and municipalities within water supply watersheds,returned its comments in the attached letter to the County Manager dated August 1, 1997. The following revisions are required in order to obtain full compliance with the State mandate: • Change the word"sludge"to"residual"; • Change references from"Division of Environmental Management"to "Division of Water Quality"; and • Clarify definitions for Major Variance,Minor Variance,and Discharging Landfill RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's Recommendation. Zoning Officer Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendment. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a. recommendation to be; returned to the Board of Commissioners no sooner than January 20, 1998. • t�E PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6.23 Watershed Protection Overlay Districts ARTICLE 22 Definitions ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public X Other: NC Division of Water Quality STAFF PRIORITY RECOMMENDATION: —X_High Middle Low Comment: PUBLIC HEARING DATE: November 24, 1997 PURPOSE OF AMENDMENT: To amend Orange County watershed protection regulations in response to comments from the NC Division of Water Quality on compliance with the State mandate. IMPACTSASSUES: Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon themafter submitted for review and approval by the Environmental Management Commission. The Division of Water Quality(DWQ),responsible: for reviewing the ordinances for all NC counties and municipalities within water supply watersheds,returned its comments in the attached letter to the County Manager dated August 1, 1997. The following revisions are required in order to obtain full compliance with the State mandate: • Change the word"sludge"to"residual"; • Change references from"Division of Environmental Management"to "Division of Water Quality"; and • Clarify definitions for Major Variance,Minor Variance,and Discharging Landfill . One of the revisions in the attached letter(item 4.b-definition of Non- Conforming Lot of Record)is not necessary. The Zoning Ordinance already contains a definition of Non-Conforming Lot which satisfies the state requirement. DWQ staff was not aware of this definition when their letter was written, and indicated during a phone conversation with Planning Staff on October 3, 1997 that revision to the current definition was not necessary. Likewise, DWQ staff was unaware that the Zoning Ordinance already defines Discharging Landfill. The existing definition needs to be revised only to state that C66 discharging landfills require a National Pollution Discharge Elimination System (NPDES)permit. The August 1, 1997 letter from DWQ specified that revisions to the must be adopted by the Board and submitted to DWQ by November 28, 1997. That deadline was extended to March 27, 1998 in order to allow sufficient time to complete the ordinance amendment review and approval process. V � I EXISTING/PROPOSED ORDINANCE PROVISIONS: 6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY DISTRICTS 6.23.1 LAND USE RESTRICTIONS All uses and activities allowed hi the underlying zoning district are; permitted with the following exceptions: DISTRICT LAND USE RESTRICTIONS • UNIV-CA No new landfills are permitted. • UNIV-PW No commercial or industrial uses are permitted. CANE-CA No new golf courses are permitted. U-ENO-CA UNIV-CA No siodge resid (sludge)application is permitted. ` CANE-CA U-ENO-CA CANE-PW No discharging landfills are permitted. U-ENO-PW Industrial use is limited to non-hazardous light industrial uses characterized by HYCO-PW low water use(less than 10,000 gp,4 excluding domestic water ,25 gpd per LITTLE-PW employee)and water used for heating and air conditioning). BACK-PW FLAT-PW HAW-PW L-ENO-PW JORDAN-PW 6.23A Operation and Maintenance of Structural BMPa(Detention Ponds) 5. Annual jafflpection Required a. All stormwater structures shall be inspected by Orange County at least on an annual basis to determine whether the controls are perfomiing as designed and intended. Records of inspections shall be maintained on forms approved or supplied by the North Carolina Division of &wkewReaW M emem Water Duality. Annual inspections shall begin within one (1) year of the filing date of the deed for the stormwater control structure. 6.23.11 ADMINISTRATION a) Appeals Decisions of the Zoning Officer in the implementation of this Arti,„le may be 068 appealed to the Orange County Board of Adjustment in accordance with Article 2.3.7 of this Ordinance. b) Variances Minor variances for dimensional requirements may be approved by the Board of Adjustment in accordance with Article 2.3.6 of this Ordinance. The Board of Adjustment may also approve variance requests to allow the use of off-site septic easements for lots created after January 1, 1994. A_Minor Variance is defined as a variance from the minimum statewide water supply watershed protection rules that results in a relaxation by a factor of up to ten (10) percent of any management requirement under the low density requirement 2. a awe 9044 e; the IqU464 by R–Avi FARM ARI-91 Management Gen�issie�r; d A Major Variance is defined as a variance from the statewide water supply watershed regulations that results in the relaxation by a factor of greater than ten (101 percent of any management requirement under the low density option or the relaxation of any management requirement that 42plies to a-develoRment project reguiring construction of a BMP. A description of each project receiving a variance and the reason for granting the variance shall I be submitted for each calendar +dear to th we an awl-basis—Division of Water Ouality on or before January 1 st of the following year. All other local governments having jurisdiction within the watershed area and the entity using the water supply for consumption shall be notified of the proposed exemption. ARTICLE 22-DEFINITIONS Landfill,Discharging-A landfill facility with liner, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream. Discharging landfills mg Lire a National Pollution System (NPDES)Permit from the North Carolina Division of Water Oualit)� X44 e'7 -0 � z 3b QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS Planning Board Chair Barrows asked about the planned uses for this property. Mary Willis indicated that she did not know the answer to that question. She pointed out that they do not ask about specific uses because all permitted uses need to be considered during a rezoning request. QUESTIONS AND/OR COMMENTS FROM CITIZENS Mr. Morrison indicated that he owns a lot next to this property and 15 building a home on the lot. He asked for information regarding what would actually be done with this parcel. Mary Willis indicated that the possible uses are listed in the packet Dn pages 50 and 51. Some of those uses are light industrial, light manufacturing and a number of commercial uses. A motion was made by Commissioner Gordon,seconded by Commissioner Halkiotis, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than February 3 1998. VOTE: UNANIMOUS 3. Zoning Ordinance Text Amendments a) Garden Center This item was presented by Planner Emily Cameron for the purpose of receiving citizen comment on proposed amendments to the Zoning Ordinance to create a new land use category called "Garden Center"with appropriate standards as included in Article 6 and a definition of the use in Article 22. On September 30,the Planning Department received a citizen's request to amend the Zoning Ordinance to create a new land use category called "garden center." Garden center is a type of retail use providing landscaping supplios primarily for home use. The definition proposed for Article 22 includes a list of typical products to be sold. The proposed amendment to the Permitted Use Table indicates garden center as a permitted use in all commercial zoning districts as well as in the Agricultural Service District. Therefore,the use would be subject to Planning Department review and approval of a site plan before zoning and building permits may be issued. Standards for operations are proposed for Article 6.16 which list additional requirements for certain permitted uses. The suggested standards specify that outdoor storage and display of goods are permitted and limit the area allowed for outdoor storage of bulk materials such as sand,topsoil, mulch,etc. Mr. Greg Shephard, of Phillip Post&Associates, indicated that he represents a client who wants to put a garden center at this location. Upon examination of the Zoning Ordinance he discovered that the two closest use categories were either greenhouse or retail sales. He found that a Garden Center does not fit either category.They then decided to present this proposal to be considered countywide. They created this proposal themselves with help from the Planning staff. He mentioned that outside storage would be allowed and would be located to the rear or side of the building and would be screened by an 8'foot fence. The amount of square footage for the outdoor storage would also be limited to 15,000 square feet per acre. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS None. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS None. QUESTIONS AND/OR COMMENTS FROM CITIZENS Harold Newton stated that he owns a Garden Center in this general area and would like to move a portion of his business to this new location. He wants to display plaints,topsoil,firewood and pumpkins. This property is currently zoned Local Commercial (LC)which does not allow outside products to be displayed. A motion was made by Commissioner Carey, seconded by Commission Halkiotis,to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than February 3, 1998. VOTE: UNANIMOUS b) Watershed Protection Overlay Districts This item was presented by Planner Mary Willis for the purpose of receiving citizen comment on a proposed amendment to the Zoning Ordinance. The Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon thereafter submitted for review and approval by the Environmental Management Commission. The Division of Water Quality(DWQ)who is responsible for reviewing the ordinances for all NC counties and municipalities within water supply watersheds, returned its comments in a letter to the County Manager dated August 1, 1997. The following revisions are required in order to obtain full compliance with the State mandate: • Change the word "sludge"to "residual"; • Change references from "Division of Environmental Management"to "Division of Water Quality"; and • Clarify definitions for Major Variance, Minor Variance,and Discharging Landfill. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS None. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS None. QUESTIONS AND/OR COMMENTS FROM CITIZENS None. A motion was made by Commissioner Carey, second by Commissioner Halkiotis,to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 20, 1998. VOTE: UNANIMOUS 4. Comprehensive Plan Amendment Zoning Ordinance Text Amendment Subdivision Regulations Text Amendment a) Functional Road Classification This item was presented by Planner Slade McCalip in order to receive comment on the draft ordinance and Comprehensive Plan Amendments for the update to the Functional Road Classifications of the Transportation Element of the Comprehensive Plan. On June 4, 1997 staff presented to the Planning Board a process and schedule for updating the Transportation Element of the Comprehensive Plan including an update to the road functional classifications. An amendment to update the functional classifications is necessary because the maps in the Transportation Element to the Comprehensive Plan depict planned roads that are no longer planned.Some of the current functional classifications are not referenced by other adopted plans and ordinances and the existing classifications have been applied to every road in the county's land use planning jurisdiction outside the thoroughfare planning jurisdictions for the municipalities.This has made it difficult to clearly and quickly identify the most important roads and also apply urban road classifications to the roads in 45%of the county's land use planning area. As a part of the Functional Road Classification System update,the planned major thoroughfares adopted by Orange County municipalities which are outside Df a municipality's land use planning jurisdiction will be presented for consideration and adoption by Orange County. In this way Orange County can classify the proposed thoroughfares and then protect the rights-of-way for those thoroughfares that are consistent with the County's Comprehensive Plan.