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HomeMy WebLinkAboutAgenda - 02-28-1994 - C.1.a O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 28, 1994 Action Agenda Item # C• -cx SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT ARTICLE 6.23.7 - Watershed Protection Overlay Districts (Stream Buffers) ARTICLE 6.23.8 - Watershed Protection Overlay Districts (Sewage Disposal and Watersupply) DEPARTMENT: PLANNING PUBLIC HEARING —X—Yes No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Extension 2583 Proposed Amendment OWASA Memorandum TELEPHONE NUMBERS: OWASA Resolution Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive citizen comment on a proposed amendment to the Zoning Ordinance to allow for a reduction in the 150 ' building setback and 300' septic system setback adjacent to reservoirs and/or streams for lots created prior to January 1, 1994. BACKGROUND: Article 6.23.7 requires that new structures be located at least 150' from a reservoir, or outside of the stream buffer, whichever is greater. Article 6.23.8 requires that septic systems be located at least 300 ' from a reservoir or outside of the stream buffer, whichever is greater. Application of these setbacks may render some existing lots unbuildable. The remedy available at this time is for the property owner to seek a variance of the setback requirements to the extent necessary to develop the property in a reasonable manner. The proposed amendment would allow a reduction in the septic and building setbacks on lots which were created prior to January 1, 1994 to the extent necessary to build on the property, provided that septic system and structures remain outside of stream buffers, and the septic system remains at least 100' from the reservoir (as required by the State mandate) . The Orange Water and Sewer Authority is opposed to the proposed amendment, as indicated in the attached 4 memorandum and Resolution. R£COMMMATION: Article 20.3 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 amendments be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 4, 1994. PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6.23.7 - Watershed Protection Overlay Districts (Stream Buffers) ARTICLE 6.23.8 - Watershed Protection Overlay Districts (Sewage Disposal and Watersupply) ORIGIN OF AMENDMENT: _x_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High Middle _x_ Low Comment: PUBLIC HEARING DATE: February 28, 1994 PURPOSE OF AMENDMENT: To allow for a reduction in the 150' building setback and 300' septic system setback adjacent to reservoirs and/or streams for lots created prior to January 1, 1994. IMPACTS/ISSUES: Article 6.23.7 requires that new structures be located at least 150' from a reservoir, or outside of the stream buffer, whichever is greater. Article 6.23.8 -requires that septic systems be located at least 300' from a reservoir or outside of the stream buffer, whichever is greater. Application of these setbacks may render some existing lots unbuildable, particularly those which were not subject to any watershed protection standards at the time of their creation. For example, the Bellechene East Subdivision, located adjacent to Lake Orange, was approved prior to the zoning of Cedar Grove Township and the application of watershed protection standards. Eighteen of the 30 lots are located entirely or almost entirely within 300 feet of Lake Orange, and would be unbuildable if the 300' septic system setback were applied. There are a number of other existing subdivision lots surrounding Lake Orange which may be unbuildable if the 300' septic setback and 150' building setback are 6 applied. There may also be lots adjacent to University Lake or Cane Creek which existed prior to the adoption of watershed standards that have not yet been built on. The remedy available at this time is for the property owner to seek a variance of the setback requirements to the extent necessary to develop the property in a reasonable manner. The proposed amendment would allow a reduction in the septic and building setbacks on lots which were created prior to January 1, 1994 to the extent necessary to build on the property, provided that septic system and structures remain outside of stream buffers, and the septic system remains at least 100 ' from the reservoir (as required by the State mandate) . EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 6.23.7 STREAM BUFFERS e) Minimum Buffer Width Required DISTRICT MINIMUM STREAM BUFFER WIDTH UNIV-CA The buffer width adjacent to streams shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150' from the reservoir or outside of the stream buffer, whichever is greater; EXCEPT when the lot was created prior to 1/1/94 and it is shown that acolication of the 150' setback would render the lot unbuildable. In that case, the 150' setback may be reduced to the extent necessary to develop the lot in a reasonable manner, provided that the reduced buffer width remains at least as wide as the stream buffer. UNIV-PW The buffer width shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. DISTRICT MINIMUM STREAM BUFFER WIDTH CANE-CA The buffer width adjacent to streams shall be the U-ENO-CA width calculated using Method A. The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150 ' from the reservoir or outside of the stream buffer, whichever is greater; EXCEPT when the lot was created prior to 1/1/94 and it is shown that application of the 150' setback would render the lot unbuildable. In that case, the 150 ' setback may be reduced to the extent necessary to develop the lot in a reasonable manner, provided that the reduced buffer width remains at least as wide as the stream buffer. U-ENO-PW The buffer width shall be as calculated using L-ENO-PW Method A, or 1501 , whichever is less, except HACK-PW where density exceeds 1 du/ac and impervious surface exceeds 12%. 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 HYCO-PW The buffer width shall be the width calculated FLAT-PW using Method A, or 1501 , whichever is less. HAW-PW JORDAN-PW 6.23.11 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES DISTRICT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA Water supply and sewage treatment systems UNIV-PW shall be limited to individual wells and CANE-PW on-site septic tanks systems or individual CANE-CA on-site alternative disposal systems. U-ENO-CA DISTRICT WATER SUPPLY/SEWAGE DISPOSAL All Watershed No new treatment system will be permitted Overlay Districts where effluent disposal occurs on a separate lot from the source of wastewater generation. Repair systems are permitted on a lot other than the lot which is the source of wastewater generation provided that the Orange County Health Department certifies that: 1. The residence or use has a failing system, AND there is not a suitable location for a repair system on the same lot as the residence or use, or 2. In the case of an unimproved lot created by recorded deed, valid probated will or recorded plat prior to 6/15/91 for UNIV-CA and UNIV-PW, and 1/1/94 for all other watershed overlay districts, there is not a suitable location for a repair system on the same lot as the residence or use. UNIV-CA New septic tanks and their nitrification fields shall be located outside of any stream buffers, or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS Quadrangle maps, whichever is further/ EXCEPT when the lot was created prior to 1/1194 and it is shown that application of the 300, setback would render the lot unbuildable. In that case, the septic system setback may be reduced to the extent necessary to develop the lot in a reasonable manner, provided that the reduced buffer width remains at least 100 feet. DISTRICT WATER SUPPLY/SEWAGE DISPOSAL CANE-CA New septic tanks and their nitrification U-ENO-CA fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 300 feet from a reservoirl_ EXCEPT when the lot was created prior to 1/1/94 and it is shown that application of the 300' setback would render the lot unbuildable. In that case, the septic system setback may be reduced to the extent necessary to develop the lot in a reasonable manner, provided that the reduced buffer width remains at least 100 feet. UNIV-PW Septic tanks and their nitrification fields CANE-PW shall be located outside of any stream U-ENO-PW buffers and at least 100 feet from a HYCO-PW perennial or intermittent stream as shown LITTLE-PW on the USGS Quadrangle maps. BACK-PW HAW-PW JORDAN-PW L-ENO-PW ********************************** ORDINANCE REVIEW SUBCOMMITTEE: January 19, 1994 PLANNING BOARD REVIEW: BOCC REVIEW: 1�� � tt Orange Water and Sewer Authority 400 Jones Ferry Road QWAS P.O. Box 366 Carrboro, NC 27510 (919) 968-4421 MEMORAT'DUM i TO: Everett Billingsley FROM: Ed Holland DATE: February 17, 1994 SUBJECT: Public Hearing on Proposed Changes to Orange County Watershed Regulations i The Orange County Board of Commissioners will hold-a public hearing on Monday, February 28, 1994 at 7:30 p.m. in the Superior Courtroom of the Orange County Courthouse (New) in Hillsborough to receive comments on proposed changes to portions of the Orange County Zoning Ordinance pertaining to water supply watersheds. A copy of the Public Notice and description of the proposed action are attached. SETBACKS FOR NEW STRUCTURES AND SEPTIC SYSTEMS Existing: The Zoning Ordinance now requires that new structures be located at least 150 feet from a reservoir, or outside of a designated stream buffer, whichever distance is greater. Septic systems must be located at least 300 feet from a reservoir, or outside of a designated stream buffer, whichever distance is greater. Proposed: Because these requirements may render a number of existing lots unbuildable, especially around Lake Orange, the County proposes reducing the setbacks to the extent necessary to build on the property for all lots created before January 1, 1994, provided that new buildings remain outside of stream buffers and septic systems remain at least 100 feet from a reservoir or stream. The more stringent current requirements would remain in effect for all lots created after January 1, 1994. OWASA Sw f Comment: As stated in the Resolution adopted by the Board of Directors on November 11, 1993 and specified in a November S, 1993 staff memorandum referenced by the Resolution (copies attached), the Authority's most recent position is as follows: 'Existing setback requirements of 300 feet for septic systems and 150 feet for structures should remain in place along the shorelines of University Lake and the Cane Creek Reservoir and along the perennial streams discharging to these impoundments. This is somewhat less restrictive than the current regulations, which apply to all streams. (The OWASA recommendation would only apply to perennial streams.) It is my opinion that the i An Equal Opportunity Employer Orange County Watershed Protection. February 17, 1994 Page 2 Board's position represents a reasonable balance between the stringent regulations currently in place and the more permissive rollback proposed by the County. I recommend that the Authority's November 1993 position be reaffirmed for the University Lake and Cane Creek watersheds. OF_F M EASEMENTS FOR SEPTIC SYSTEMS Existing: Except to correct a failing system, current County regulations prohibit the use of offsite septic system easements in all Orange County water supply watersheds. That is, no portion of an individual septic system may be located on a separate piece of property. This restriction has been in effect in the University Lake watershed for several years, but was not applied to the County's other water supply watersheds until recent changes were.adopted in December 1993. Although no comments were addressed to this issue during last year's public hearings, the County received two letters of opposition after the hearing record was closed. Proposed: The proposed amendment would allow the use of offsite septic system easements in all areas except the University Lake watershed; i.e., this issue would return to its pre-December 1993 status. Rationale for the Proposal• Given the lack of specific attention given to this issue either by the public or the County Commissioners during lengthy deliberations over the complex and comprehensive watershed protection matters, the County desires to revisit the issue and clarify its intent. Orange County Health Department staff have indicated that the prohibition of individual off-site easements would not enhance water quality, but that allowing such easements could be beneficial in some cases due to greater discretion in locating and designing septic systeins. Health Department staff suggested that maintenance problems would more likely be reported for drainfields looted on offsite easements than on a resident's own property. County staff also state that the current prohibition of offsite easements tends to foster the creation of lots with very irregular shapes and to inhibit more creative subdivision design, such as cluster developments. OWASA Staff Comments: This issue has not been the focus of previous comments by the Authority. In 1989 OWASA did oppose a subdivision proposed for the University Lake watershed that would have relied extensively on offsite septic system easements, but this was only one of several points of the Authority's opposition. OWASA's 1993 statements to the County " Commissioners recommended that the overall level of watershed protection for Cane Creek should be equivalent to what was already in place for University Lake, but the specific item of offsite septic easements was not addressed. I believe that there is merit to County staff suggestions that offsite easements may offer more flexibility in optimizing septic systern design and subdivision configuration. I disagree, however, with the suggestion that failing systems are more likely to be corrected when those systems are Orange County Watershed Protection February 17, 1994 Page 3 not located on the resident's own property, especially if the easement exists on an undeveloped parcel or on a remote portion of a developed lot not normally seen or encountered during day to day homeowner activities. It has certainly been OWASA's experience that some of the most intractable utility problems are ones in which private sewer lines are located on someone else's property. To the extent that offsite easements result in increased numbers of unresolved septic system problems, I believe that the potential water quality risks represented by the County's proposal outweigh the potential benefits of design flexibility. Accordingly, it is my opinion that the current prohibition for offshe septic easements should be left in place for the Cane Creek and University Lake watersheds. Edward A. Holland, AICP Director of Planning and Development VIDE TO BOARD OF DIRECTORS APP] 14 ^1 RESOLUTION AUTHORSZV G CO?►5fENZ'S TO THE ORANGE COUNTY BOAW/OF COMhIISSIOINERS REGARDING WATERSHED PROTECTION REQLURENMNTS,,,MR, IJtiTV'ERSITY 1.AKE AND CANE CREEK RESERVOIR l% WHEREAS, the Orange County Board of Commissioners will hold a public hearing on February 28, 1994 for the purpose of receiving comments on proposed amendments to the Orange County Zoning Ordinance; and MiEREAS, several of the proposed changes pertain to watershed protection requirements for University Lake and Cane Creek Reservoir. NOW, THEREFORE, BE ff RESOLVED: ..f 1. That the Board of Directors of Orange Water and Sewer Authority opposes changes to the Orange County Zoning Ordinance that would reduce setback requirements for new structures and septic systems to the extent proposed by the subject amendments, and reaffirms its position of November 11, 1993 on this issue: "Existing setback requirements of 300 feet for septic systems and 150 feet for structures should remain in place along the shorelines of University Lake and the Cane Creek Reservoir and along the perennial streams discharging to these impoundments. 2. That the Board supports the continued prohibition of individual offshe septic system easements in the University Lake and Cane Creek Reservoir watersheds and opposes amendments that would allow such easements in either watershed. 3. That the Board hereby authorizes and directs its Chairman and staff to pursue these recommendations, as further justified in the OWASA staff memorandum dated February 17, 1994 and attached hereto, through appropriate contact with County officials. 4. That copies of this Resolution and attachment be transmitted to the Orange County Board of Commissioners, Carrboro Board of Aldermen, and Chapel Hill Town Council. Adopted the 24th day of February 24, 1994. Julianne M. Andresen, Chairman ATTEST: Riley Wilson Secretary-Treasures REGEIUED FROM 9199604421 P. 3