HomeMy WebLinkAboutAgenda - 02-26-1996 - 4a ' 035
OR AN G E C O U N T Y
BOARD OF COMMISSIONERS
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: February 26, 1996
Action Agenda
Item # 4 a
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
Article 6.23. 11 Watershed Protection Overlay Districts
(Administration)
DEPARTMENT: PLANNING PUBLIC HEARING —x—Yes No
BUDGET AMENDMENT REQUIRED Yes -X—No
ATTACHMENT(S) : INFORMATION CONTACT:
Mary Willis
Proposed amendment Extension 2583
TELEPHONE NUMBERS:
Hillsborough-732-8181
Durham -688-7331
Mebane -227-2031
Chapel Sill -967-9251
PURPOSE: To receive citizen comment on a proposed
amendment which would authorize the Board of
Adjustment to grant variances to allow the use of
septic easements in watersupply watersheds.
BACKGROUND On November 13, 1995, the Board of Adjustment
considered a variance request for a septic
easement. The lot in question contained 10 acres
Because the lot was part of a plat which was
exempt from subdivision regulations, a soils
analysis was not required prior to creation of
the lot. It has been determined by Environmental
Health that the lot does not contain soils
suitable for septic disposal. A residence cannot
be build on the Freshwater parcel unless
wastewater disposal can occur on an easement on
the adjacent parcel.
Article 6.23.8 (Watershed Protection Overlay
Districts - Water Supply/Wastewater Disposal) of
the Zoning Ordinance prohibits the use of off-
site septic easements in all water supply
watersheds. Article 6.23. 11 (Watershed
036
Protection Overlay Districts - Administration)
provides for the Board of Adjustment to grant
minor variances of requirements of the watershed
protection overlay districts in accordance with
Article 2.3.6. Article 2.3 .6 (Application of the
Variance Power) authorizes the Board of
Adjustment to grant variances related to
dimensional requirements only.
The proposed amendment would give the Board of
Adjustment explicit authority to grant a variance
to allow septic easements in water supply
watersheds in cases which meet other findings
necessary for variance approval.
The Board of Adjustment delayed action on the
November 13, 1995 variance request for eight
months to allow time for consideration of an
amendment to the Zoning Ordinacne to address this
issue.
RECOM + MATION: 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 April 1, 1996.
037
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
REFERENCE: Article 6.23. 11 Watershed Protection Overlay
Districts (Administration)
ORIGIN OF AMENDMENT: _X_ Staff Planning Board
BOCC X Public
Other: Board of Adjustment
County Attorney
STAFF PRIORITY RECOMMENDATION: X_ High Middle Low
Comment:
PUBLIC HEARING DATE: February 26, 1996
PURPOSE OF AMENDMENT: To authorize the Board of Adjustment to
grant variances to allow the use of
septic easements ' in watersupply
watersheds.
IMPACTS/ISSUES: Article 6.23.8 (Watershed Protection Overlay
Districts - Water Supply/Wastewater Disposal) of
the Zoning Ordinance prohibits the use of off-
site septic easements in all water supply
watersheds. Article 6.23. 11 (Watershed
Protection Overlay Districts - Administration)
provides for the Board of Adjustment to grant
minor variances of requirements of the watershed
protection overlay districts in accordance with
Article 2.3.6. Article 2.3.6 (Application of the
Variance Power) authorizes the Board of
Adjustment to grant variances related to
dimensional requirements only.
On November 13, 1995, the Board of Adjustment
considered a variance request by Danny Freshwater
for a septic easement. The Freshwater property
contains 10 acres, Because the plat was exempt
from subdivision regulations, soil suitability
was not determined prior to creation of the lot.
It has been determined by Environmental Health
that the lot does not contain soils suitable for
septic disposal. A suitable site was identified
on an adjacent 10-acre parcel which has already
been developed with a single-family residence.
The owner of that parcel agreed to grant a septic
easement, but would not agree to a recombination
which would allow the suitable soils to be
incorporated into the lot owned by Mr.
Freshwater.
A residence cannot be built on the Freshwater
parcel unless wastewater disposal can occur on an
03S
easement on the adjacent parcel. Under current
regulations, a variance cannot be granted because
it does not involve a dimensional requirement of
the Zoning Ordinance. The Board of Adjustment
delayed action on the November 13, 1995 variance
request for eight months, to allow time for
consideration of an amendment to the Zoning
Ordinacne to address this issue.
The proposed amendment would give the Board of
Adjustment explicit authority to grant a variance
to allow septic easements in water supply
watersheds in cases which meet other findings
necessary for variance approval.
EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT:
6.23.11 ADMINISTRATION
a) Appeals
Decisions of the Zoning Officer in the
implementation of this Article may be
appealed to the Orange County Board of
Adjustment in accordance with Article 2 .3.7
of this Ordinance.
b) Variances
Bevelepmeat aeti*}tles-mad+` be g=__t=-_' Mminor
variances for dimensional requirements and
for the use of septic easements may be
approved by the Board of Adjustment in
accordance with Article 2 .3.6 of this
Ordinance.
A variance which results in one or more of
the following shall be considered a major
exemption, requiring approval by the
Environmental Management Commission.
1. the complete waiver of a management
requirement of the Environmental
Management Commission;
2. the relaxation of any management
requirement that takes the form of a
numerical standard to less than 90% of
the minimum required by State mandate the
Environmental Management Commission; and
3. the relaxation of any management
requirement that applies to a development
project requiring construction of a
detention pond.
A description of each project receiving a
• ' • ' 039
variance and the reason for granting the
variance shall be submitted to the Commission
on an annual basis.
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.
ORDINANCE REVIEW SUBCOMMITTEE: January 18, 1996
PLANNING BOARD REVIEW:
BOCC REVIEW:
040 .
041
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
REFERENCE: Article 6.23. 11 Watershed Protection Overlay
Districts (Administration)
ORIGIN OF AMENDMENT: _X_ Staff Planning Board
BOCC X Public
Other: Board of Adjustment
County Attorney
STAFF PRIORITY RECOMMENDATION: X_ Sigh Middle Low
Comment:
PUBLIC BEARING DATE: February 26, 1996
PURPOSE OF AMENDMENT: To authorize the Board of Adjustment to
grant variances to allow the use of
septic easements in watersupply
watersheds.
IMPACTS/ISSUES: Article 6.23.8 (Watershed Protection Overlay
Districts - Water Supply/Wastewater Disposal) of
the Zoning Ordinance prohibits the use of off-
site septic easements in all water supply
watersheds. Article 6.23. 11 (Watershed
Protection Overlay Districts - Administration)
provides for the Board of Adjustment to grant
minor variances of requirements of the watershed
protection overlay districts in accordance with
Article 2.3.6. Article 2.3.6 (Application of the
Variance Power) authorizes the Board of
Adjustment to grant variances related to
dimensional requirements only.
On November 13, 1995, the Board of Adjustment
considered a variance request by Danny Freshwater
for a septic easement. The Freshwater property
contains 10 acres, Because the plat was exempt
from subdivision regulations, soil suitability
was not determined prior to creation of the lot.
It has been determined by Environmental Health
that the lot does not contain soils suitable for
septic disposal. A suitable site was identified
on an adjacent 10-acre parcel which has already
been developed with a single-family residence.
The owner of that parcel agreed to grant a septic
easement, but would not agree to a recombination
which would allow the suitable soils to be
incorporated into the lot owned by Mr.
Freshwater.
A residence cannot be built on the Freshwater
parcel unless wastewater disposal can occur on an
f
042 easement on the adjacent parcel. Under current
regulations, a variance cannot be granted because
it does not involve a dimensional requirement of
the Zoning Ordinance. The Board of Adjustment
delayed action on the November 13, 1995 variance
request for eight months, to allow time for
consideration of an amendment to the Zoning
Ordinacne to address this issue.
The proposed amendment would give the Board of
Adjustment explicit authority to grant a variance
to allow septic easements in water supply
watersheds in cases which meet other findings
necessary for variance approval.
EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT:
6.23.11 ADMINISTRATION
a) Appeals
Decisions of the Zoning Officer in the
implementation of this Article may be
appealed to the Orange County Board of
Adjustment in accordance with Article 2.3 . 7
of this Ordinance.
b) Variances
Develegmerrtae-4-4vitles may he granted Mminor
variances for dimensional requirements and
for the use of septic easements may be
approved by the Board of Adjustment in
accordance with Article 2.3.6 of this
Ordinance.
A variance which results in one or more of
the following shall be considered a major
exemption, requiring approval by the
Environmental Management Commission.
1. the complete waiver of a management
requirement of the Environmental
Management Commission;
2. the relaxation of any management
requirement that takes the form of a
numerical standard to less than 90% of
the minimum required by State mandate the
Environmental Management Commission; and
3. the relaxation of any management
requirement that applies to a development
project requiring construction of a
.detention pond.
A description of each project receiving a
043
variance and the reason for granting the
variance shall be submitted to the Commission
on an annual basis.
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.
ORDINANCE REVIEW SUBCOMMITTEE: January 18, 1996
PLANNING BOARD REVIEW:
BOCC REVIEW:
044