HomeMy WebLinkAboutAgenda - 08-08-1994 - VIII-Q . 1
O R A N G E COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 8. 1994
Action Agenda
Item # y3g2=a?
SUBJECT: Z-2-94 ORANGE WATER AND SEWER AUTHORITY - ZONING ATLAS AMENDMENT
ACTION BY:
DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: Jim Hinkley
Extension 2584
Findings of Fact
Application for Change TELEPHONE NUMBERS:
Rezoning Request Checklist
Site Maps (4) Chapel Hill - 968-4501
Public Hearing Minutes 5/23/94 Durham - 688-7331
Planning Board Minutes 6/20/94 Hillsborough - 732-8181
Planning Bd. Draft Min. 7/18/94 Mebane - 227-2031
General Information Memorandum
Application for Environmental
Assessment
Finding of No Significant Impact
Letter (2-25-94)
PURPOSE: To receive the Planning Board's recommendation on a Zoning
Atlas Amendment request of the Orange Water and Sewer
Authority to rezone 10 acres of its property from AR
Agricultural-Residential to AS Agricultural Service
BACKGROUND: The property in question is situated in the northwest
quadrant of NC 54 and Orange Grove Road, and consists of a
68.4 acre tract owned by Orange Water and Sewer Authority
(OWASA) . The property is accessed from the north side of
NC 54 via a 2, 000-foot private road which crosses property
also owned by OWASA. The current zoning is AR
Agricultural-Residential. The proposed zoning is AS
Agricultural Service. All surrounding properties are
zoned AR Agricultural-Residential and owned by OWASA.
The requested rezoning has been initiated to accommodate
the construction of a wastewater biosolids (sludge)
storage facility required of OWASA by the State of North
Carolina. Although the storage facility will occupy only
a portion of the site, OWASA requested that the entire
68.4-acre lot be rezoned in order to accommodate its
possible future use for biosolids composting facilities.
2
In November 1993, the Planning Department received an
Environmental Assessment Application from OWASA to
accommodate the construction of a wastewater biosolids
(sludge) storage facility. This would consist of two
Aquastore Factory Coated Glass-Fused-to-Steel Bolted
Tanks, manufactured by A.O. Smith Harvestore Products on
the OWASA property in Bingham Township. The Planning
Staff broadly circulated the Application through the North
Carolina State Clearinghouse for comments from numerous
agencies at the Federal, State, Regional, and Local levels
in November and December 1993 . No adverse comments were
received. After more site information was provided by
OWASA, the Planning Department declared a "Finding Of No
Significant Impact" (FONSI) on February 25, 1994, in
accordance with Sections 2 and 3 of the Orange County
Environmental Impact Ordinance.
The rezoning request was presented at public hearing on
May 23, 1994. The Board of County Commissioners referred
the request to the Planning Board for a recommendation to
be returned no earlier than August 8.
At its regular meeting of June 20, the Planning Board
endorsed the rezoning request for a change from AR to AS
provided the size of the zoning lot be limited to no more
than 10 acres in accordance with the stipulation set forth
in Section 4.2.11(b) 3 of the Orange County Zoning
Ordinance, namely:
Normally, the maximum amount of land zoned AS at
any location shall not exceed ten acres.
The Planning Board asked OWASA and Planning Staff to
return to its July 18 meeting with a proposal for
placement of a zoning lot of no more than 10 acres on the
western side of OWASA's 68.4-acre tract with consideration
being given to: access, topography, and drainage.
At its regular meeting of July 18, the Planning Board
approved the proposal returned by OWASA for a 10-acre
zoning lot. The proposed zoning lot is situated on the
western property line of the tract to the northwest of the
intersection of NC 54 and Orange Grove Road. The proposed
lot lies mainly on a plain above the 550-foot contour line
above MSL. Its dimensions are 670' X 650' , consisting of
9.99 acres or 435,500-square feet. The proposed zoning
lot is surrounded entirely by OWASA-owned lands. Entrance
to the proposed lot is via a 2,225-foot road owned by
OWASA which accesses the north side of NC 54 approximately
2,000 to the west of Orange Grove Road.
The Planning Board recommends approval of the OWASA's
request for rezoning of the 10-acre lot from AR
Agricultural-Residential to AS Agricultural Service at the
location and of the size of the proposed 10-acre zoning
k
s
3
lot as described above and delineated on the attached
maps.
RECOMMENDATION: The Administration recommends that the Board of County
Commissioners approve the rezoning of the 10-acre parcel
recommended by the Planning Board from AR Agricultural-
Residential to AS Agricultural Service at the location and
of the 10-acre size of the proposed zoning lot as
described above and delineated on the attached maps.
•
1
FINDINGS OF THE ORANGE COUNTY PLANNING BOARD
PERTAINING TO
APPLICATION: Z-2-94 ORANGE WATER AND SEWER AUTHORITY
BASED ON THE APPLICATION MATERIAL SUBMITTED, THE PLANNING STAFF
RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS:
ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" indicates compliance: "No" indicates non-compliance)
PLANNING STAFF PLANNING
FINDINGS BASED BOARD
ON SUBMITTED EVIDENCE SUBMITTED TO RECOMMENDED
APPLICATION SUPPORT FINDINGS FINDINGS
Ordinance Requirements
The application must comply
with all requirements
specified in Article 20-
Amendments. Those
requirements include:
20.3.2 a)Map showing affected _X_Yes No Site plan provided at scale of 1" = 100' _X_Yes No
property at scale of not less than
1'=100" nor more than 1"=20'
20.3.2 b) Legal description of _X Yes No Deed provided. _X Yes No
property
20.3.2 c) Explanation of alleged error, Yes No Not applicable. Yes No
if any, to be corrected by proposed amendment
20.3.2 d)Changed conditions, if any, _X_Yes No AR zoning does not accommodate the use _X_Yes No
which make an amendment reasonably necessary to which OWASA needs to put the property.
to promote health, safety, and the public
welfare.
V
2
ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATION/REZONING (continued)
PLANNING STAFF PLANNING
FINDINGS BASED BOARD
ON SUBMITTED EVIDENCE SUBMITTED TO RECOMMENDED
APPLICATION SUPPORT FINDINGS FINDINGS
Ordinance Requirements
20.3.2 e)Manner in which proposed _X_Yes No The tract is categorized in the Land Use Element _X_Yes No
amendment will carry out the purpose as Agricultural Residential which allows for
and intent of the Orange County Agricultural Services Zoning and the respective uses
Comprehensive Plan. permitted in this District.
ARTICLE 4-DISTRICT ICT STATEMENTS OF INTEREST AND APPLICATION CRITERIA
PLANNING STAFF PLANNING
FINDINGS BASED BOARD
ON SUBMITTED EVIDENCE SUBMITTED TO RECOMMENDED
APPLICATION SUPPORT FINDINGS FINDINGS
Ordinance Requirements
Article 4.2 identifies the criteria
which will normally be used to
determine the application of a
zoning district designation. The
applicant has applied for an AS
Agricultural Service designation.
The criteria for that district are set
forth in Article 4.2.11 and are as follows:
(a) The purpose of the AS District is to _X_Yes No The applicant is required to create wastewater _X_Yes No
provide sites in the rural portion of the biosolids (sludge) storage facilities by the
County for rural non-farm, non-residential the State of North Carolina.
uses which support the horticultural,
silvacultural, and agricultural uses of
the AR districts.
(b) This district will usually be applied
crt
where the following conditions exist:
3
1. Site is within areas designated by the adopted _X_Yes No The site is located in the AR Agricultural _X_Yes No
Comprehensive Plan as Agricultural Residential. Residential Area designated by the Land Use
Element of the Comprehensive Plan
2. Lot size for individual uses would be _X_Yes No No water and sewer facilities are proposed _X_Yes No
appropriate to the method of water supply and or required for the planned facility.
sewage disposal.
3. Normally, the maximum amount of land _X_Yes No The Planning Board finds that the proposed zoning _X_Yes No
zoned AS at any location shall not exceed ten acres. lot is 9.99 acres.
al
1
c'"'" Orange Water and Sewer Authority
400 Jones Ferry Road
I OWASA I P.O. Box 366
Carrboro, NC 27510
(919) 968-4421
June 24, 1994
Mr. James R. Hinkley, AICP
Orange County Planning Department
306F Revere Road
Post Office Box 8181
Hillsborough, North Carolina 27278
Dear Mr. Hinkley:
SUBJECT: REQUEST TO REZONE A 10-ACRE PORTION OF PARCEL 6.26..8
FROM AR TO AS
During the Orange County Planning Board review of the above referenced subject on Monday
night, June 20, 1994, there was discussion relative to the original request to rezone the entire 68
acre parcel. The OWASA engineering staff has reviewed the site relative to the instructions to
identify a 10-acre portion of this parcel for rezoning. Two copies of the revised map which
illustrate the location of this 10-acre tract are enclosed.
A description of the location could be as follows:
The 10-acre portion of parcel 6.26..8 which is proposed for rezoning from AR to
AS is located entirely within the property boundary of the larger 68.366 - acre
parcel. It is located 225 feet north of the southwest corner of parcel 6.26..8 and
has a west and east side of 650 feet. The north and south sides of this rectangular
tract are both 670 feet in length. These four sides enclose the tract which totals
435,500 square feet (9.998 acres) in area.
Please contact me if you need any additional information.
Sincerely,
1 -
i- a. K k I .
Kathryn R. Kalb, P.E.
General Manager of Operations
ao
Enclosures
c: Everett Billingsley
Ed Holland
An Equal Opportunity Employer
8
Orange Water and Sewer Authority
400 Jones Ferry Road
I OWASA I P.O. Box 366
Cantata, NC 27510
(919) 9684421 April 4, 1994
Hand Delivered �j/R,
7
Mr. James R. Hinkl ey,, AICP � ,
Orange County Planning Department
306F Revere Road
Hillsborough,
lsborough NC 27278v I
SUBJECT: REQUEST TO REZONE PARCEL 6.26..8 FRO ' 0�
Dear Mr. Hinkley:
Attached are the following materials in application for the Authority's rezoning request
• Completed Application for Change of Zoning District (with two-page Attachment).
• Completed Rezoning Request Checklist.
• Fully dimensioned map (1 inch=100 feet) of parcel 6.26..8.
• Copy of Warranty Deed with legal description of subject property.
• Check for SS02 application fee. . .
Although the near term use for which the rezoning is requested (construction of a biolsolids
storage facility to support OWASA's Agricultural Nutrients Recycling Program) will require
only a few acres, we may desire to use remaining portions of the tract to accommodate
biolsolids composting facilities that the Authority might develop in the future. It is our -
understanding that such use would require AS zoning. It is for this long term option that we
request the entire 68.4 acre parcel be rezoned to AS rather than just a smaller zoning lot.
As noted in the application, constriction of the biosolids storage facility will not otherwise
alter OWASA's present Agricultural Nutrients Recycling Program. Fully treated wastewater
biosolids will continua to be used as a soil and nutrient supplement for farmland in Orange
and Chatham Camden.
Please let me know Wyatt need further information.
Yours very truly,
Edward A. Holland, AICP
Director of Planning and Development
cc: Everett Billingsley
An Equal Opportunity Employer
9
Orange County, North Carolina
Application for Change of Zoning District
AT'I'AC fEN'
•
I. The property is located approximately 2,000 feet north of Highway 54, and is accessed via
private road off Highway 54, approximately 2,000 feet west of Orange Grove Road. This
private road crosses other property owned by the applicant. The lot requested for rezoning
is 68.4 acres in area and contains no public road frontage. Its Orange County tax map
designation is 6.26..8 (PIN 9739-86-4820).
2. It is desired and requested that the foregoing property be rezoned from Agricultural
Residential (AR) to Agricultural Services (AS).
3. a. (See accompanying site map]
b. (Legal description of property is included in attached copy of Warranty Deed]
c(I). Not applicable]
c(2). The rezoning is requested to accommodate the construction of a wastewater
biolsolids (sludge) storage facility. In order to provide municipal wastewater
treatment capacity to the growing population of southern Orange County, the
applicant has requested from the North Carolina Division of Environmental
Management a one =Moo gallon per day capacity uprating at the Mason Farm
Wastewater Treatment Plant located in Chapel HiI1. In order to receive this
uprating, OWASA must comply with new state regulations that require storage
capacity for up to 30 days' biosolids production. Except for construction of this
facility, the Authority's Agricultural Nutrients Recycling Program will remain
unchanged. The wastewater biosolids will continue to be used as an agricultural
soil and itutdent supplement to farmland in Orange and Chatham Counties.
Although the storage facility will oaupy orgy a small portion of the site, the
applicant requests that the entire 68.4 acre lot be rezoned in order to accommodate
its possible future use composting for biosolids posting facilitia.
c(3). The requested rezoning will thus allow present and potential future activities that
are especially supportive of several of the Land Use Goals expressed in Orange
County's adopted Comprehensive Plan. Specific examples include:
Goal 1. The conservation and protection of Orange County's natural and
cultural environments by means which are equitable to all citizens of
• the County.
Goal 2. The conservation of natural resources in Orange County.
•
10
Orange water and Secret Authority
Rezoning Application to Orange County
April 4, 1994
Page 2 of Attachment
Goal 7. The continued use of agricultural land and the maintenance of the
farming way of life in rural areas as a viable put of the County's
Homy
Goal 11. Adequate and appropriate sewer disposal facilities for all current and
future residents.
•
d. All land within 500 feet of the property requested to be rezoned is owned by the
applicant except for two adjacent parcels, both of which are owned by Robert
8urnic a and Grace P. Sparrow, 3014 Eubanks Road, Chapel Hill, NC 27514.
These parcels are designated 6.26..9 (PIN 9739-85-6736) and parcel 6.26..10 (PIN
9739-85-8635).
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AP_PLICATION fkg ENVIRONMENTAI( ASSESSMENT 16
project Name Agricultural Nutrients Recycling Storage
Applicant Orange Water and Sewer Authority
Address Post Office Box 366
400 Jones Ferry Road
Carrboro, NC 27510 Phone 919/968-4421
Owner Orange Water and Sewer Authority
Address Post Office Box 366
400 Jones Ferry Road
Carrboro, NC 27510 Phone 919/968-4421
Location of property Bingham Township, Orange County, North Carolina. About
seven miles west of Carrboro off NC Highway 54. The site is north of NC 54
and west of Orange Grove Road.
Acreage 68.4 Township Bingham
Tax Map Reference Map 26, Lot 8 PIN(s) 9739-86-9820
Zoning District AR Land Use Plan Category AR
ei°11"1"4&
FOR DEPARTMENT USE ONLY
Date received /Pemr fi d, /0,�� Reviewed by dIP �•,.�.:..:'�
Date accepted/rejected 7•7094
Summary comments:
1//. .//.La/ ✓I% / /✓At t lt ., . tw■
I. GENERAL SITE INFORMATION
17
TO HE COMPLETED HT APPLICANT,
WITH ASSISTANCE FROM PLANNING DEPARTMENT AS NEEDED
A. Zoning and use of adjacent property.
North AR South AR
East AR - West AR
H. Topography:
highest elevation 570
lowest elevation 510
general direction of slope east
Estimate % of property with
0 - 5% slope 157.
5 - 15% slope 707.
15 - 25% slope 107.
more than 25% slope 57.
(Required only for the portion of the site associated with or
impacted by the proposed activity)
C. Drainage
Are there any streams or drainage easements located on the
property? yobs
Is any of the site located within a:
Watersupply Watershed No
Water Quality Critical Area No
Floodplain No
Describe This property is crossed by an intermittent stream which
is tributary to Collins Creek.
18
D. Does the property contain any of the following Inventory
Natural or Cultural Resources? (As identified in the "Inventory of
Sites of Cultural, Historical, Recreational, Biological, and
Geological Significance in the Unincorporated Portions of Orange
County" or the "Inventory of Natural Areas and Wildlife Habitats of
Orange County, North Carolina" . )
yes 2
*
a. cemeteries X
b. archaeological sites _JL__
c. historic sites
d. areas of geological significance
e. designated natural areas
f. designated habitat
g. other
*NOTE: This response is based on currently available information. The NC
Department of Cultural Resources has been requested to conduct an
inventory (see attached letter of October 2 19931.
For each "yes" answer above, please indicte 22 on site plan
and complete the following, with the .assistance of the Orange
County Environmental Planner. Also complete Attachment A.
( 1) Type of resource
Inventory reference no. or page
Description of Resource
A
(2) Type of resource
Inventory reference no. or page
Description of Resource
(3) Type of resource
Inventory reference no. or page
Description of Resource
•
• 19
II. TO BE COMPLETED BY APPLICANT
A. PROJECT DESCRIPTION
1 . Describe proposed use of property
This property is a part of the total lands owned by OWASA for use in
the recycling of water and wastewater treatment residuals. The state
regulations which govern the operation of this Agricultural Nutrients
Recycling Program require that OWASA provide a facility to store 30 days
of these treatment residuals.
2 . Number of lots 1
3. Number of structures 1
4 . Estimated square footage of area to be graded for
development of attached residential units (excluding roads, but
including parking areas) N/A
5 . Estimated square footage of area to be graded for non-
residential use (excluding roads) 40,000
6. Estimated area to be graded for roads
7 . Road Type: Public Private
Class A
Class B
Class C x
Total road length about 1,600 feet
8 . Hours of operation for commercial or industrial use
N/A
B. STATE PERMITS REQUIRED 20
l: Doss the project involve the mining of earth products? No
If so, how many cubic feet of material are expected to be
excavated?
Has an application for a Mining Permit been submitted to
NCDRCD?
Please attach map indicating expected extent of proposed
activity.
2. Doss the project involve generation or storage of hazardous
or toxic wastes, as identified by the Environmental
Protection Agency? (A listing of all hazardous materials is
available from the Planning Department) u�
Describe the wastes to be generated.
How much material is expected to be generated per month?
Will any material be treated onsite?
Volume?
Will any material be stored onsite? A
Volume?
Where will disposal of the material take place?
How will materials be transported to the disposal site?
What measures are proposed to protect water quality and air
quality in case of spills?
ORANGE. COUNTY PLANNING DEPARTMENT
306F REVERE ROAD 21
HILLSBOROUGH. NORTH CAROLINA 27278
{ February 25, 1994
Ms. Kathryn R. Kalb, P.E.
General Manager of Operations
Orange Water and Sewer Authority
P.O. Box 366
Carrboro, NC 27510
In the matter of: OWASA's Proposed Remote Sludge Storage
Facility Environmental Assessment Application
Dear Ms. Kalb:
On February 7, 1994, this office received OWASA's site plan
map of its proposed Remote Sludge Storage Facility prepared by
Brown and Caldwell on January- 20, 1994. The map is done to the
detail we require. Along with the other materials sent, the
Environmental Assessment Application is now complete.
Based on review of the environmental assessment, this office
declares a "finding of no significant impact" for the proposed
facility. Natural and Wildlife Habitats and Cultural Resources
are not severely impacted. There were no negative comments
received through the N.C. State Clearinghouse.
Your environmental assessment states, "This sludge is being
utilized as an agricultural resource by land application to farms
in Orange and Chatham Counties. " The proposed use is considered
to be an 'agricultural service, ' a use allowed by right solely in
the AS Agricultural Services zoning district.
The Land Use Element of the Orange County Comprehensive Plan
classifies the general area around the proposed facility as
Agricultural Residential. Although rezoning will be necessary,
amending the Plan will not be required. The Agricultural
Residential designation already allows for the tract to be
rezoned to AS Agricultural Services which will permit the Remote
Sludge Storage Facility.
Rezoning of the tract will require a public hearing held
jointly before the Orange County Board of Commissioners and
Planning Board. The next available public hearing date is May
23. Your first deadline for the rezoning process, however, is on
April 5.
22
Ms. Kathryn R. Kalb, P.E.
February 25, 1994
Page Two
To facilitate OWASA's rezoning endeavors, enclosed are:
1. An Application for Change of Zoning District;
2 . The May 1994 Public Hearing Schedule (key dates
highlighted) ;
3. A Rezoning Request Checklist; and
4 . A Planning Fee Schedule (rezoning highlighted) .
I shall be happy to shepherd OWASA's request through the
rezoning process. If you have questions, please call at me 968-
4501, X2584.
Sincerely,
R. Hinkley, AICP
Planner II
XC: Geoffrey E. Gledhill, County Attorney
Marvin E. Collins, Planning Director
Mary B. Willis, Planner III
Enclosures
5/23/94 Public Hearing Minutes
5 23
Jay Zaragosa said that although he has not had the opportunity to
read the document, he operates the open space program for Wake County and thus
has some knowledge about open space. He feels a big challenge is to define
open space. In Wake County it is essentially land that is not developable and
the amount can be as high as 70% He urged the Board to carefully monitor the
formation of homeowners associations, including the provisions for maintaining
open space areas.
Commissioner Gordon made reference to page 48 of the agenda packet
which amends Article 4.3 of the Zoning Ordinance Permitted Use Table to add
the Open Space Development District and which includes a list of permitted
uses within that zoning district. She asked that the Planning Board consider
using the same list of uses for the Open Space Development District as are
permitted in R-1 and R-2 districts and that all uses be included.
Commissioner Gordon made reference to page 49, Section 6.30.1 (a-1) which
states that a minimum of thirty percent (30%) of the total tract area shall
be designated as common open space and asked that the Planning Board consider
whether that percentage should be increased to 50 or something inbetween.
MOTION
A motion was made by Commissioner Wilihoit, seconded by Commissioner
Halkiotis to refer the proposed amendments to the Planning Board for a
recommendation to be returned to the Board of Commissioners no sooner than
August 8, 1994 and that the recommended revisions to the proposals be reviewed
by the County Attorney to insure compliance with statutory requirements
concerning public hearing procedures and that all evidence received at the May
5, 1994 public hearing pertaining to this topic be entered into the record of
this public hearing.
VOTE: UNANIMOUS
OTHER ZONING ATLAS ENDMEN S
a. Z-2-94 Orange Water and Sewer Authority
Jim Hinkley presented for public comments a proposed Zoning
Atlas amendment in Bingham Township requested by Orange Water and Sewer
Authority. The property in question is situated in the northwest quadrant of
NC 54 and Orange Grove Road and consists of a 68.4 acre tract owned by Orange
Water and Sewer Authority (OWASA) . The current zoning is AR Agricultural-
Residential. The proposed zoning is AS Agricultural Service. The requested
rezoning has been initiated to accommodate the construction of a wastewater
biosolids (sludge) storage facility required of OWASA by the State of North
Carolina. This rezoning would also allow for future facilities for recycling
sludge. They plan to construct one large tank and then a second one for
additional storage.
QUESTIONS/COMMENTS FROM MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR
PLANNING BOARD
Commissioner Wilihoit made reference to composting the sludge and asked
if this would be a permitted use or one which would require a conditional use
permit. Jim Hinkley indicated that composting sludge as a service for a
bonafide farm would be a permitted use. However, composting sludge for other
uses in the County than farms may require a conditional use permit but he was
24
6
not certain. Commissioner Willhoit asked that another option be considered for
the tank.
CITIZEN COMMENTS
Burnice Sparrow said that the waste would ruin the property value for the
whole area. He suggested putting the sludge in the towns where it is
generated. He said he has suffered enough and does not want the waste put on
him. He asked that it be stored in Chapel Hill and not out in the County.
MOTION
A motion was made by Commissioner Halkiotis, seconded by Commissioner
Willhoit to refer the proposed Zoning Atlas amendment to the Planning Board
for a recommendation to be returned to the Board of County Commissioners no
sooner than August 8, 1994.
VOTE: UNANIMOUS
b. Z-4-94 Bobby Kirk
Emily Cameron presented for citizen comments a proposed Zoning
Atlas Amendment in Bingham Township as requested by Bobby Kirk. In summary,
the property is located at the northwest corner of Orange Grove Road and
Bradshaw Quarry Road in the Cane Creek Protected Watershed. The applicant
proposes to rezone five (5) acres to Neighborhood Commercial.
CITIZEN COMMENTS
Bobby Kirk, the applicant, stated he plans to put a community store
on this site. It will be a rustic type building with a porch on the front and
back. He said there is a need for a store of this type in this area. He
asked that the Board approve this rezoning. The Bingham Township Advisory
Board voted unanimously in support of this rezoning.
Alan Miller stated that he lives adjacent to the proposed rezoning.
He has no objections to a country store but noted that there are other uses
permitted in a "Neighborhood Commercial" designation including a motor vehicle
service station. He noted that there are five service stations from I-40 to
the courthouse and he objects to a service station in this location. The Cane
Creek Protected Watershed is directly across the road from this area.
QUESTIONS/COMMENTS FROM THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR
PLANNING BOARD
Commissioner Halkiotis asked for an explanation of motor vehicle
service station and if it included gasoline pumps.
Commissioner Willhoit noted that all runoff would have to be
contained onsite. He does not feel there is much different between a full
service station and one with gasoline pumps.
MOTION
A motion was made by Commissioner Halkiotis, seconded by
Commissioner Insko to refer this proposed Zoning Atlas Amendment to the
Planning Board for a recommendation to be returned to the County Commissioners
no sooner than August 8, 1994.
VOTE: UNANIMOUS
,¢s, OTHER- SUBDIVISION REGULATIONS TEXT AMENDMENTS
1
6/20/94 Planaing=8oard Minutes
* 25
(1) Z-2-94 Orange Water and Sewer Authority
Presentation by Jim Hinkley.
This item is to consider a proposed Zoning Atlas
amendment in Bingham Township.
The proposed zoning lot is situated in the
northwest quadrant of NC 54 and Orange Grove
Road. The lot encompasses an entire 2,978,023
square foot or 68.4 acre tract owned solely by
Orange Water and Sewer Authority (OWASA) . The
proposed zoning lot is accessed from NC 54 via an
approximately 2,000 foot private road which lies
approximately 2,000 feet west of the intersection
with Orange Grove Road. The private road crosses
property also owned by OWASA. The current zoning
is AR Agricultural Residential. Proposed zoning
for the property is AS Agricultural Services.
All surrounding properties are within Orange
County's jurisdiction and are zoned AR
Agricultural Residential.
The requested rezoning has been initiated to
accommodate the construction of a wastewater
biosolids (sludge) storage facility. Although
the storage facility will occupy only a small
portion of the site, OWASA requests that the
entire 68.4 acre lot be rezoned in order to
accommodate its possible future use for biosolids
composting facilities.
The Planning Department received an Environmental
Assessment Application from OWASA for the sludge
storage tank. The tank is 30 feet high and 70
feet in diameter and could hold up to 900,000
gallons of sludge. The Application was
circulated through the North Carolina State
Clearing House for comments from numerous
agencies at the Federal, State, Regional, and
Local levels in November and December 1993. No
adverse comments were received. After more site
information was provided by OWASA, the Planning
Department declared a "Finding of No Significant
Impact" (FONSI) on February 25, 1994, in
accordance with Sections 2 and 3 of the Orange
County Environmental Impact Ordinance.
This item was heard at the May 23, 1994 public
hearing.
Commissioner Willhoit referred to composting
sludge and asked whether it would be a permitted
26
use or one which would require a special use
permit. Composting sludge for the purpose of
creating a fertilizer for off-site use is allowed
in the Agricultural Service District. Sludge
storage or composting for on-site application on
a bona fide farm would be considered an
agricultural use and would be exempt from zoning
regulation.
One citizen expressed opposition to the use of
the property for sludge storage and suggested
that the sludge be stored in the towns where it
was generated.
The Planning Staff recommends approval of the
rezoning request per the findings (attachment to
these minutes on pages ) .
Two OWASA representatives were available for
questions: Kathryn Kalb, General Manager of
Operations, and Ron Williamson, Plants Manager.
Hoecke asked the structural characteristics of
the tanks. Kathryn Kalb responded that the tanks
are pre-fabricated fiber glass tanks like those
commonly used in agricultural applications.
Jobsis asked about the entire tract being
rezoned for future composting. Kalb responded
that EPA has implemented new regulations for
treatment of biosolids. There is a new class of
biosolids, Class A, which would require a higher
degree of treatment and the benefit of this is
that the end product would be allowed to be put
on any land. While the sludge is good quality,
at this point it does not meet Class A criteria.
She continued that OWASA feels that there are
definite benefits in this process. Compost is a
type of biosolids where the biosolids are taken
from the waste treatment plant and mixed with
wood chips and other organic materials to create
a product that can be used by landscapers and
individuals. Kalb noted that even though OWASA
feels there is a market for such a product
for individual gardens and landscapes, there are
no design plans for such a use at this time.
Barrows asked about the Class A and Class B
Special Uses and if they would be potential uses
in the AS district. Hinkley responded that Class
A Special Uses require Board of Commissioners
approval and Class B Special Uses require
approval by the Board of Adjustment. Hinkley
continued that there is only one principal use
27
allowed per lot in Orange County; if OWASA should
consider more than one principal use, subdivision
would be required.
Willis stated that there is a possibility that
composting could be considered an accessory use
to the sludge operation. If that were the case,
both could be allowed. If, after review and
consideration it was determined that both would
be principal uses, then, subdivision would be
required. Willis emphasized that many of the
uses permitted in the AS district are also
permitted in the AR district.
Brown asked the location of the tanks on the
property. Hinkley stated that the facility would
be on the western side next to the road. He
continued that only an acre will be used for the
sludge operation at this time. Using a map
included in agenda materials, Hinkley indicated
the tank location. Brown continued, asking which
parcels were owned by the citizen who spoke at
public hearing. Hinkley noted the two parcels
stating that OWASA had been negotiating for a
number of years to purchase those parcels, and,
that an agreement to purchase may be completed in
the very near future. Brown asked about Collins
Creek. Hinkley indicated the location on the
map.
Brown asked which drainage basin would be
involved if the tank should break. Hinkley
responded that the tank will be located on a high
plateau and indicated that drainage would go into
Collins Creek. Ms. Kalb reviewed the area around
the tank noting that area is higher than the tank
itself. She explained how the trucks would come
to the tanks for pickup and indicated the area
for containment rather than drainage.
Brown asked about the area for composting. Ms.
Kalb responded that there are no plans on the
books for a composting project. OWASA would like
to keep its options open for possible future
uses.
Reid expressed concern that the rezoning request
is for the entire 68.4 acre tract if such a small
area is needed for the storage facility and the
intent is not to have a composting facility as
well. Ms. Kalb responded that it was felt it
would simpler to rezone the entire tract at one
time. Reid continued expressing concern with the
number of uses that could occur without further
review.
28
Rosemond noted that her concerns were similar to
Reid's regarding future uses.
Waddell noted that one of the findings-of-fact
states that "Normally, the maximum amount of land
zoned AS at any location shall not exceed ten
acres. " He continued that he did not find the
reason of 'convenience' compelling and asked for
a better understanding. Ms. Kalb responded that
initially they had requested only one acre, and
that they were encouraged to apply for the entire
tract by a member of the Planning Staff.
Boland also expressed concern with the rezoning
of the entire 68 acres.
The Board reviewed the findings-of-fact.
Article 20.3.2a - 20.3.2e
MOTION: Burklin moved acceptance of the Planning Staff's
findings. Seconded by Barrows.
VOTE: 9 in favor.
1 opposed (Brown - 20.3.2d - not convinced that
this request promotes health, safety and the
public welfare) .
Article 4.2a
MOTION: Walters moved acceptance of the Planning Staff's
findings. Seconded by Reid.
VOTE:
Unanimous.
Article 4.2b
( 1)
MOTION: Barrows moved acceptance of the Planning Staff's
findings. Seconded by Burklin.
VOTE: Unanimous.
Article 4.2b (2)
MOTION: Burklin moved acceptance of the Planning Staff's
findings. Seconded by Hoecke.
VOTE: Unanimous.
Article 4.2b (3)
Hoecke asked who suggested to OWASA that the
request be for the entire tract. Hinkley
29
explained that Staff review led to discussions
regarding the issue of composting. He noted that
such a facility in Durham provides a service to
the community by selling the compost wood chips
and leaves to individuals. It was felt this
was a way that a public entity can serve the
community both environmentally and provide the
service of removing wood chips, leaves, etc.
Hinkley stated that he made the suggestion to be
futuristic and plan ahead.
Reid asked if the suggestion to plan ahead covers
the possible outcome of allowing sales of
agricultural products. Hinkley responded that an
AS district does allow for sale of agriculturally
related products. Reid continued expressing
concern with the possibility of yard waste.
Barrows asked what would happen to the request if
the Planning Board found negative to this
finding. The response was that the applicant
could reapply.
Waddell stated that he would prefer to approve a
request for rezoning 10 acres. Willis responded
that since the public hearing was advertised for
the entire tract (68 acres) the Planning Board
has the option to recommend a reduction to 10
acres.
Brown stated that she did not feel reassured
about the possibility of composting. She was
concerned that some other use would be applied.
MOTION: Brown moved a negative finding on Article 4.2b
(3) . Seconded by Rosemond.
VOTE: 9 in favor.
1 opposed (Hoecke - felt it was not clear
enough) .
Discussion followed whether to recommend that 10
acres be rezoned rather than the entire tract.
Willis stated that, if such a recommendation is
to be forwarded to the Board of Commissioners,
she felt the Commissioners would expect the
Planning Board to designate the location of the
ten acres. Discussion led to the suggestion of
10 acres west of the road.
Ms. Kalb indicated OWASA would be agreeable to
the suggestion of 10 acres.
MOTION: Reid requested a map drawn by OWASA
30
indicating an appropriate area west of the
road not to exceed 10 acres. Seconded by
Burklin.
VOTE: 9 in favor.
1 opposed (Waddell - felt there was sufficient
information to make a recommendation) .
Adjournment time was reached.
MOTION: Reid moved to extend the meeting to complete the
agenda. Seconded by Barrows.
VOTE: 8 in favor.
2 opposed.
AGENDA ITEM #11: PLANNING BOARD ITEMS
a. Fiscal Impact Analysis Methodology
(The abstract and information provided for
discussion are on file in the Planning
Department. )
Barrows expressed concern that the statistics
used were historical and that she did not think
that they reflect the demographics of the
population attracted to new subdivisions. She
continued that, at the very least, they are
misleading. She asked if some updated statistics
could be gathered from some of the subdivisions
being implemented now. When Collins responded
that 1990 census data was used, Barrows
indicated that she was not aware that the data
were so current.
Further discussion indicated the feeling that
families with school age children were in older
established subdivisions/neighborhoods rather
than in newer subdivisions.
Brown expressed concern with the use of averages
in preparing the impact analyses. Waddell
responded that he felt the only thing that could
be done would be to use "averages" .
Collins indicated that a "per capita" methodology
was used in development of the residential
template. If "built" subdivisions were analyzed,
a "case study" approach would be used, and the
data might reflect reality better. He stated
that it is difficult to take an actual situation
and apply it to something proposed. The "per
capita" method is an accepted and widely used