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HomeMy WebLinkAboutPH-NS ORD-1996-002 Proposed Zoning Ordinance Text Amendment Article 6.23.11 - Watershed Protection Overlay Districts 035 D ce) 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 Hill -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. RECONMMATION: 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 Develepment-aetivities may gEante 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 03; 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: 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_ 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 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 Develepmentaetivit-Aies May be 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 Orange County because it was clear that good structures were available for protection and that this plan had potential to be a model for other communities. In particular, the Division of Archives and History was pleased that citizen participation was such a high priority in this project. A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon, to refer the Historic Preservation Element to the Historic Preservation Commission and the Planning Board for recommendations to be returned to the Board of Commissioners no sooner than April 1, 1996. VOTE: UNANIMOUS 3. Zoning Atlas Amendments (a) Z-1-96 Schley Community Store and Flea Market This item was presented by Planner Jim Hinkley to receive citizen comment on a request to rezone property owned by Bobby and Lydia Crawford. The property proposed to be rezoned is a .82-acre lot owned by Bobby M. And Lydia E. Crawford at 3301 NC 57 (Tax Map No. 2.47..9). It is located on the West side of NC 57 approximately 1 ,000 feet north of Walker Road. The lot is currently zoned AR Agricultural-Residential. The proposed zoning is EC-5 Existing Commercial. The existing use is known as Schley Community Store and Flea Market, and consists of a 36' X 32' store and 26' X 60' enclosed shed. The premises have been used commercially since the mid-1950's. The Crawfords have used the property for a commercial use since 1982. The property is located in an area designated by the Comprehensive Plan as Agricultural-Residential. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD OR CITIZENS None. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to refer the proposed Zoning Atlas amendment to the Planning Board for a recommendation to be returned no sooner than April 1, 1996. VOTE: UNANIMOUS 4. Zoning Ordinance Text Amendments (a) Article 6.3.11 Watershed Protection Overlay Districts (b) Article 8 Special Uses These items were presented by Planner Mary Willis. Item (a) was presented for the purpose of receiving 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. Item (b)was presented to receive citizen comment on proposed amendments to Special Use provisions related to expiration, validity, and approval actions for Special Use Permits. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS 4 Commissioner Gordon asked if it was necessary to have both a septic area and a repair area if an easement existed. Geoff Gledhill indicated that whether a septic area and repair area were required depended on when the septic system was installed. That decision is the responsibility of the Health Department. Mary Willis noted that this amendment did not change the currently established landowners requirement to meet the five findings necessary for variance approval. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD AND OR CITIZENS None. A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit, to refer both of these amendments to the Planning Board for recommendations to be returned no sooner than April 1 , 1996. VOTE: UNANIMOUS (c) Article 23. Violations, Penalties, and Remedies, 23.2 Penalties, a) Criminal Action This item was presented by Planner Jim Hinkley for the purpose of receiving citizen comment on a Zoning Text Amendment. The Orange County Zoning Ordinance provides for action which may be taken by the County to abate zoning violations or non-compliance with zoning requirements. Taking criminal action in the courts is not often used, but when it is, it is important that this remedy be effective. Although not specifically stated in Section 23.2, the maximum fine is fifty dollars ($50.00). The maximum $50.00-fine upon conviction limits the effectiveness of the criminal action remedy. The proposed amendment would enable Orange County to increase the maximum fine to $500.00, as authorized by N.C. General Statutes 14-4. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD AND CITIZENS None. A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit, to refer the proposed Zoning Ordinance Text amendment to the Planning Board for a recommendation to be returned no sooner than April 1, 1996. VOTE: UNANIMOUS 5. Subdivision Regulations Text Amendments (a) Section IV-B-7-b Recreation Sites (dedication/payment-in-lieu provisions). This item was presented by Planning Director Marvin Collins for the purpose of receiving citizen comment on proposed amendments to the dedication/payment-in-lieu 5