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HomeMy WebLinkAboutAgenda - 02-28-1994 - C.1.b 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. 1 . b SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT ARTICLE 6.23.8 - Water Supply/Sewage Disposal Facilities DEPARTMENT: PLANNING PUBLIC BEARING _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 the use of septic easements as needed in all protected watersheds except the University Lake Watersheds. BACKGROUND: On December 21, 1993, the Board of Commissioners adopted amendments to the Orange County Zoning Ordinance, Zoning Atlas, Subdivision Regulations and Comprehensive Plan to implement mandated watershed protection standards and to extend zoning to Little River and Cedar Grove Townships. Those amendments included prohibition of off-site septic easements (except for repair area) in all protected watersheds. Prior to adoption of the amendments on December 21, the prohibition of septic easements applied only in the University Lake Watershed. There was little discussion of septic easements at the Commissioner's meetings after the August public hearing, . however, Zoning Ordinance amendments adopted on December 21, 1993, included the prohibition of septic easements in all watersheds. After receiving comments from citizens after the adoption of the amendments the Chair of the Board of Commissioners requested that the Planning Staff present an amendment for public hearing in February 1994 so that this specific provision can be revisited. Given the lack of specific discussion, and the magnitude lti and complexity of the amendment package adopted on December 21, the Planning Staff is unsure as to whether the restriction on septic easements was deliberately incorporated as a part of the response to concerns with the Cane Creek watershed. The Orange Water and Sewer Authority is opposed to the proposed amendment, as indicated in the attached memorandum and Resolution. RECOZMNDATION: 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 6.23.8 Watershed Protection Overlay Districts (Water Supply/Sewage Disposal Facilities) ORIGIN OF AMENDMENT: Staff Planning Board X BOCC Public Other: STAFF PRIORITY RECOMMENDATION: X_ High Middle Low Comment: PUBLIC HEARING DATE: February 28, 1994 PURPOSE OF AMENDMENT: To allow the use of septic easements as needed in all protected watersheds except the University Lake Watersheds. IMPACTS/ISSUES: Background On December 21, 1993, the Board of Commissioners adopted amendments to the Orange County Zoning Ordinance, Zoning Atlas, Subdivision Regulations and Comprehensive Plan to implement mandated watershed protection standards and to extend zoning to Little River and Cedar Grove Townships. Those amendments included prohibition of the use of off-site septic easements (except for repair area) in all protected watersheds. Prior to adoption of the amendments on December 21, the prohibition of septic easements applied only in the University Lake Watershed. In the watershed protection amendments presented for public hearing in August, 1993, it was proposed that the University Lake restrictions pertaining to septic easements be extended to apply to all protected watersheds. There were no comments on this issue prior to or during the August public hearing. Two letters (attached) expressing opposition to the provisions, however, were received after the public hearing. In response to those concerns, and after consultation with the Environmental Health, it was recommended that prohibition of septic easements not be extended beyond the University Lake Watershed. There was little discussion of septic easements at the Commissioner's meetings after the public hearing, however, when the watershed protection standards were adopted on December 21, 1993, changes to the Zoning Ordinance included the prohibition of septic easements in all watersheds. There was little specific discussion regarding the use of septic easements. There was some discussion of the use of alternative systems, particularly with regard to the Cane Creek Watershed. There was considerable discussion of similarities between the University Lake and Cane Creek Watersheds. OWASA as well as the Towns of Chapel Hill and Carrboro advocated the adoption of standards similar to those which applied in the University Lake Watershed. However, regulations related to the use of septic systems for individual systems was not specifically discussed. Given the lack of specific discussion, and the magnitude and complexity of the amendment package adopted on December 21, the Planning Staff is unsure as to whether the restriction on septic easements was deliberately incorporated as a part of the response to concerns with the Cane Creek watershed. After receiving comments from citizens after the adoption of the amendments the Chair of the Board of Commissioners requested that the Planning Staff present an amendment for public hearing in February 1994 so that this specific provision can be revisited. Effect of Septic Easements on Water Quality The Orange County Division of Environmental Health has indicated that the prohibition of individual off-site septic easements would not enhance water quality, and that allowing easements could be beneficial in some cases due to greater flexibility in locating and designing septic systems. In terms of maintenance, it was indicated that it was likely that system problems or failures would be reported and corrected more quickly where there was an off-site easement because the owner of the property would not own or be responsible for the septic system. • 1 ;� Also, there is as greater possibility that marginal soils would be used in some cases in order to maintain a desirable subdivision design and avoid the creation of lots with a very irregular shape. The prohibition of easements would also eliminate possibilities for cluster developments in which open space could be preserved. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 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 All WateEshed No new treatment system will be permitted QyeElay glst=_=t= where effluent disposal occurs on a separate lot from the source of wastewater UNIV-CA generation. UNIV-PW 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 plat recorded prior to 6/15/91, 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 Imaps, whichever is further. 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 reservoir. 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: Orange Water and Sewer Authority 400 Jones Ferry Road [OWASA P.O. Box 366 Carrboro, NC 27510 (919) 968-4421 MEMORANDUM i i TO Everett Billingsley FROM: Ed Holland DA'T'E: February 17, 1994 SUBJECT: Public Hearing on Proposed Changes to Orange County Watershed Regulations 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 Fog bTW STgUCTUgES ANp g P'i'If 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 Stgf Comment: As stated in the Resolution adopted by the Board of Directors on November 11, 1993 and specified in a November 5, 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 ISO 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 An Equal opportunity Employer RECEIVED FROM 9199684421 p 4 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. \ OFFSiTE EASEIV�N'r5 FOR SEMC SYSTEMS 7K Ex:'stfng: 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 systems. Health Department staff suggested that maintenance problems would more likely be reported for drainfields located 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 system design and subdivision configuration. I disagree, however, with the suggestion that failing systems arc more likely to be corrected when those systems are , rr .V—:.� —�. . _ -., V. +1• ..1 U. ,., . ';"! �Yn .,•vVVI..� c=. . , .,, �1 1 V1 J 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 offsite septic easements should be left in place for the Cane Creek and University Lake watersheds. Edward A. Holland, AICP Director of Planning and Development PROVIDE TO BOARD OF DIRECTORS AM I - 14 -IRESOLL"TION ALTMORIZV G CO?►Z� ENT5 TO THE ORANGE COUNTY BOAW,,O'F CONLtiIISSIONERS REGARDrgG WATERSHED PROTECTION REQL1 EMENTS�'OR> UNIVERSITY LAKE AND CANE CREEK RESERVOIR lip WHEREAS, the Orange County Board of Commissioners will hold a public hearing on February 280 1994 for the purpose of receiving comments on proposed amendments to the Orange County Zoning Ordinance; and WHEREAS, several of the proposed changes pertain to watershed protection requirements for University Lake and Cane Creek Reservoir, NOW, THEREFORE, BE IT RESOLVED: 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-Treasurer RECEIVED FROM 9199694421 P. 3