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HomeMy WebLinkAboutAgenda - 01-04-1994 - VIII-C 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 4, 1994 Action Agenda Item # .L-C... SUBJECT: WATERSHED PROTECTION STANDARDS AND ZONING OF LITTLE RIVER AND CEDAR GROVE TOWNSHIPS (Revisions) Zoning Atlas (Map) Amendments Zoning Ordinance Text Amendments DEPARTMENT: PLANNING PUBLIC HEARING Yes _X—No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Proposed Amendments Extension 2583 11/22/93 Public Hearing Minutes 12/20/93 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough -732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider amendments to the Orange County Zoning Atlas and Zoning Ordinance for the purpose of extending zoning to Little River and Cedar Grove Townships and implementing State mandated watershed protection standards. BACKGROUND: On August 23, 1993 a public hearing was held to receive citizen comments on proposed amendments to the Orange County Zoning Atlas, Zoning Ordinance, Subdivision Regulations and Land Use Element of the Comprehensive Plan for the purpose of extending zoning to Little River and Cedar Grove Townships and implementing State-mandated watershed protection standards. The items below are related to the watershed protection provisions and the zoning of Little River and Cedar Grove Townships. 2 1. Non-residential Zoning Lots Identified Since the August 23, 1993 Public Hearing Seven additional existing businesses have been identified in Little River and Cedar Grove Townships since the August public hearing. The attached Tables list all of the parcels proposed to be rezoned to a non- residential zoning district with the zoning of Little River and Cedar Grove Townships. The parcels number 80 or higher and indicated by an asterisk have been identified since the August 23, 1993 public hearing, and were presented for public hearing on November 22, 1993. 2. Standards Relating to Impervious Surface and BMPs The State mandate allows a non-residential impervious surface limit of 70% in a portion of WS-II watersheds without construction of detention ponds, provided that residential development in excess of 1 dwelling unit per acre does not occur. If residential density for any project exceeds 1 du/acre, then both residential and non-residential developments which exceed 12% impervious surface are required to construct detention ponds. When the proposed amendments were initially prepared, the presence of residential Transition Area within the Back Creek watershed was not taken into account. In order to allowed for continued development of the portion of the Transition Area west of Frazier Road, the following revisions to the proposed amendments are needed: 6.23.2 The maximum density specified for the Back Creek watershed would be changed from "1 du 140,000 square feet (.92 du/ac) " to "Maximum density is as permitted by the underlying zoning district. ". 6.23.3a1 Residential development would be subject to a 30% impervious surface limit, with BMPs required when impervious surface exceeds 12%. 3 6.23.3a2 Non-residential development in Commercial and/or Industrial Activity Nodes would be permitted with an impervious surface limit of up to 70%, with BMPs required when impervious surface exceeds 12%. 6.23.7e The minimum stream buffer width for residential developments with a density greater that 1 du/acre would be 1001 . There were no citizen comments at the November 22, 1993 public hearing. Commissioner Gordon requested that Upper Eno and Back Creek watersheds be explicitly identified as high- density watersheds. On December 21, 1993, the Board of Commissions acted on proposed watershed standards presented for public hearing on August 23. The attached amendments incorporate the amendments adopted on December 21. The amendments recommended for adoption at this time apply the same impervious surface and BMP requirements to the BACK-PW as were approved for U-ENO-PW. The Planning Board considered the proposed amendments on December 20, 1993 and recommended approval. RECOMMENDATION: The Administration recommends approval of the proposed amendments per the Planning Board recommendation. 4 6.231 RESIDENTIAL DENSITY Maximum residential density shall be as indicated in the Table below, or as required by the underlying zoning district, whichever is less. DISTRICT MAXIMUM DENSITY UNIV-CA Up to five lots at least twc acres in size can be created from a lot of record as UNIV-PW of October 2, 1989. Thereafter, each lot shall contain at least five acres, and the density shall not exceed one dwelling unit (du) per five acres. CANE-CA CANE-PW 1 du/ 2 acres U-ENO-CA LITTLE-PW B AI1LK rT HYCO-PW 1 du/40,000 square feet (.92 acre) FLAT-PW U-ENO-PW Maximum density is as permitted in the underlying zoning district. L-ENO-PW HAW-PW Structural BMPs are required in some cases where density exceeds 1 dwelling JORDAN-PW BACK unit per acre. Refer to Article 6.23.3c1. - W 2 5 1. Residential Development DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL) UNIV-CA 6% impervious surface limit. UNIV-PW EXCEPT for all lots which existed prior to 4/2/90, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). BMPs cannot be used to satisfy watershed requirements. CANE-CA 6% impervious surface limit. CANE-PW EXCEPT for lots smaller than two acres which existed U-ENO-CA prior to 1/1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). BMPs cannot be used to satisfy watershed requirements. LITTLE-PW 6% impervious surface limit. EXCEPT for lots which existed prior to 1/1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). BMPs cannot be used to satisfy watershed requirements. FLAT-PW 12% impervious surface limit for new and existing lots. HYCO-PW BMPs cannot be used to satisfy watershed BACK W requirements. U-ENO-PW 12% impervious surface limit for existing and new lots B K-PW outside of Transition Areas as designated in the Orange County Land Use Plan. BMPs cannot be used to satisfy watershed requirements. 30% impervious surface limit for developments which exceed a density 1 du/acre within Transition Areas as designated in the Orange County Land Use Plan. Structural BMPs are required if impervious surface exceeds 12%. 5 f 6 2. Non-Residential Development ; DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL) UNIV-CA Same as Residential (See previous Table) UNIV-PW CANE-CA 2-acre minimum lot size U-ENO-CA AND 6% impervious surface limit. BMPs cannot be used to satisfy watershed requirements. CANE-PW 2-acre minimum lot size; LITTLE-PW AND 50% ISR for all fire stations and solid waste collection centers; AND 12% ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff; AND a limit of 1.0% of the watershed for non-residential use (139 acres in CANE-PW, 403 acres in LITTLE-PW). BMPs cannot be used to satisfy watershed requirements. BACKA CV n[[7 1r Plan-, AND 50% 18R fiw aH fire stations and solid waste eelleetien eeftWrs *7���7� f AND Use� Plan; AND en site inffift�&6en of the first ineh of stermwitter rufteff-, AND water-shed (1.0%). 8 DISTRICT EMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL) U-ENO-PW 70% ISR in Commercial and/or Industrial Nodes as BACK-PW designated in the Land Use Element of the Comprehensive Plan (high-density option) with structural BMPs if ISR > 12%; AND 50% ISR for all fire stations and solid waste collection centers outside of Commercial and\or Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan, with structural BMPs if ISR > 12% ; AND 12% ISR for all other non-residential uses outside of Commercial and\or Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan (BMPs cannot be used to satisfy watershed requirements); AND on-site infiltration of the first inch of stormwater runoff, AND a limit of 1,151 acres of non-residential use throughout U ENO-PW (5.0%) and 163 acres throughout BACK-PW (1%). HYCO-PW 50% ISR for all fire stations and solid waste collection FLAT-PW centers; AND 12% ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff; AND a limit of 1% of the watershed for non-residential use (37 acres in HYCO-PW, 66 acres in FLAT-PW). BMPs cannot be used to satisfy watershed requirements. L-ENO-PW 70% impervious surface, with structural BMPs required when impervious surface exceeds: 24% (w/ curb and gutter); or 36% (w/o curb and gutter). HAW-PW 24% impervious surface limit. JORDAN-PW BMPs cannot be used to satisfy watershed requirements. 9 i 8 STREAM BUFFER WIDTH Wli FEET) ' BASED ON SLOPE AND GROUNDCOVER ' Slope Value Type c f Groundcover Grass Woods 2 to 4.9 100 , 50 5 to 9.9 150 100 10 to 149 200 100 15 or greater 250 150 'In addition to the buffer zone resulting from the calculations below, a stream buffer shall include any portion of a floodplain as defined in the Orange County Flood Damage Prevention Ordinance, by special survey by a registered engineer or surveyor, or by alluvial soils as designated in the Orange County Soils Survey. 2Yhe required stream buffer zone shall not be limited to one calculation, but shall be based on calculations made at points where topographical and ground cover conditions change based on an analysis of the site. e) Minimum Buffer Width Required DISTRICT AHNI IUM STREAM BUFFER WIDTH' UNIV-CA The buffer width shall be calculated for both Method A and Method B, and at any UNIV-PW given point along the stream, the width of the buffer shall be the larger of the two. CANE-CA The buffer width shall be the width calculated using Method A. I U-ENO-CA U-ENO-PW The buffer width shall be as calculated using Method A, or 150', whichever is less, L-ENO-PW except where density exceeds 1 du/ac and impervious surface exceeds 12%. BACK-PW Where density exceeds 1 du/ac and impervious surface exceeds 12%, the buffer width shall be calculated as above, but shall not be less than 100'. CANE-PW LITTLE-PW BAG��nv r��ir w The buffer width shall be the width calculated using Method A, or 150', whichever FLAT-PW is less. HAW-PW JORDAN-PW 16 3 \.N^G SU�..r 5M \ ------ -------- v4 tv ------------I I---- ------- ............. ZT: Rp.. YF _ ytYZ 2 ppely S0 S S 'Y� v S� � 50C a �+a t; y w r 4x" q- 3 10 s 8 a S $ 8 s v 8 y � ^ C N ^ tV N C � C � G ^ ^ .-� N !V N "' 00 !r► rj wr r► Q� r.l a E.1 N t " 11 ' WW1 cc oo LU gm U. e W W 3 :.......:::::::::... err ... ....... W ........ ...: W LU .........: o UJ -::•.: ::::s. 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N 00 m !'1 C'n M f�^1 co d Q et h 000 0~O H OD U DEC-08-i°93 i5: :' F=ON ORANu=_ :-Y iC PLANN?N3 P.22 . 13 j I j 1 MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 AND 4 ORANGE COUNTY PLAN BOARD 5 QUARTERLY PUBLIC VEORING 7 e The Orange County Board of Commissioners and the Orange County 9 Planning Board met on November 22 , 2993 a , 7.30 p.m. , in the Superior 10 Court Room, Hillsborough, North Carolina , Ifor their Quarterly Public 11 Hearing. 22 13 COUNTY COMMISSIONERS PRESENT: Chairman Moses Carey, Jr . , and 24 Commissioners Alice Gordon, Don Willhoit , Verla Insko and Stephen 25 Halkiotis. 26 17 COUNTY A,Tj NEY PRESS T: Geoffrey Gledhill 28 29 COUNTY STAEF PRESENT: County ManageI r John Link, Jr . , Clerk to 20 the Board Beverly A. Blythe, Deputy Clerk tb the Board Kathleen Baker , 21 Planning Director Marvin Collins, and Pla ners David Stancil , Mary 22 Willis and Jim Hinkley . 23 24 QRANGE CQ,�,�d'[„� PLA_NNINQ BOARD;, Chair (Carol Cantrell , Vice Chair 25 Betty E denier , and members Elizabeth Walters, Clint Surklin , Paul 26 Hoecke, Kent Scott, Larry Reid, Joan Jobsis and Karen Barrows. 27 28 8.�. OPEN .REM I SHE CHAIR 29 Chair Moses Carey called the meetingito order and welcomed the 30 Planning Board members and citizens in attendance. He indicated that 32 the Chair of the Planing Board, Carol Ca trell , would preside over 32 each of the .items. on the agenda. 33 34 35 Chair Moses Carey read the Public Charge . 36 37 �.�. P�BL�Z�1iEA ?NG I=EhlS 36 L. . ZSUI no .Alas mendmeILs 39 (a) Z-5-93 Little River Township (Revision) 40 ( b) Z-6-93 Cedar Grove Township (Revision) 42 2. Zoning Ordinance Test Amendments 42 ( a) Article 6.23 Extra Requtrements for Watershed 43 Protection Overlay Districts 44 This item was presented by Mary; Willis for the purpose of 45 receiving citizen comments on proposed amendments to the Orange County 46 Zoning Atlas and Zoning Ordinance in order to extend zoning to Little 47 River and Cedar Grove Townships and implement State mandated watershed 48 protection standards. On August 23, 1993 ajpublic hearing was held to 49 receive citizen comments on proposed amendments to the Orange County 50 Zoning Atlas, Zoning Ordinance, Subdivision+ Regulations and Land Use 51 Elements of the Comprehensive Plan for the Purpose of extending zoning 52 to Little River nd Cedar Grove Townships and implementing State- I i * 14 r i I 5 1 mandated watershed protection standards . The items below are related 2 to the watershed protection provisions and the zoning of Little River 3 and Cedar Grove Townships:. Seven additional existing business have 4 been identified in Little River and Cedar Grove Townships since the 5 August public hearing. The Tables located in the permanent agenda 6 file in 'the Cleric's office list all of the parcels proposed to be 7 rezoned to a non-residential zoning district with the zoning of Little 8 River and Cedar Grove Townships . The State mandate allows a non- 9 residential impervious surface limit of :lox in a portion of WS-II 10 watersheds without construction of detention ponds, provided that 11 residential development in excess of 1 dwelling unit per acre does not 12 occur . If residential density for any project exceeds I du/acre , then 13 both residential and non-residential dev4lopments which exceed 12% 14 impervious surface are required to construct detention ponds . 15 1 16 THE PUBLIC HEARING WAS OPEN FOR COMMENTS/QUESTIONS FROM THE BOARD OF 17 COUNTY COMMISSIONERS .AND THE PLANNING BOARD' 18 19 PLANNING BOARD CHAIR CAROL CANTRELL mentioned that citizens need 20 to come forward and have all current uses iincluded. The process after 21 adoption of the amendments will be time lconsuming and cumbersome. 22 Prior to adoption , established uses will be added automatically . 23 After January 1st, all uses not , listed will be considered non- 24 conforming. 25 26 CHAIR MOSES CAREY commented that the season Back Creek Watershed 27 is on the agenda is that it is the only development currently allowing 28 one unit per acre . 29 30 COMMISSIONER ALICE GORDON asked thaL the two watersheds be 31 clearly listed as allowing the high density option . 32 33 THE PUBLIC HEARING WAS OPEN FOR OUESTIONS/C MMENTS FROM CITIZENS. 34 35 None. 36 37 s Zoning Atlas Am2ndments 38 (c) Z-8-93101d ,86 Limited Partnership 39 This item was presented by Eddie Kirk for the purpose of 40 receiving. citizen comment on, a proposed Zoning Atlas amendment. The 41 property in question is located southwest of Cornwallis Hills 42 ',SLd')div1sion and will have access to Oakdale Drive (SR 1133) and Old 43 OChapel Hill.-Hillsborough Road (SR 1009) through Cornwallis Hills . The 44 total area proposed for rezoning contains 48 .68 acres and is described 45 as Lot 1 , Block C of Tax Map 42 in Hillsborou8h Township. In the 46 adopted Land Use Element of the Comprehensive Plan , the property is 47 designated Ten Year Transition . The current zoning is Residential-1 48 (R-1 ). The zoning district proposed isl Residential-4 (R-4 ) . A 49 portion of the property is in the Transportation Corridor (MTC ) 50 overlay district. Adjacent property to the south and west is zoned 51 Residential-1 and undeveloped. CornwallisiHills subdivision is north 52 and east, which is zoned Residential-3 (R-3 The property will have RECEIVED FROM 919 644 3004 P. 3