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HomeMy WebLinkAboutAgenda - 08-22-1994 - C-3 (c) ORANGE COUNTY 061 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22, 1994 Action Agenda Item # C 3 c SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT Article 4. 1 Establishment of Use Regulations (uses permitted by right) Article 6. 16. 16 Borrow Pits for Federal and State Highway Projects DEPARTMENT: PLANNING PUBLIC HEARING 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 to the Zoning Ordinance to allow a borrow pit associated with a state or federal highway construction project as a use permitted by right in all zoning districts. BACKGROUND: The issue of borrow pits was recently brought to the attention of the Planning Staff by a contractor bidding for a NCDOT contract to replace the bridge on NC 54 which crosses the Haw River. A borrow pit is an area excavated to provide fill dirt for construction projects, including major road construction projects. After the excavation is completed, the area is generally reclaimed. Reclamation may include refilling the borrow pit with inert construction debris from the road project. Currently, the Zoning Ordinance does not provide a distinction between a borrow pit and a commercial quarry operation, nor does it distinguish between the reclamation of a borrow pit and the creation of a landfill. Both landfills and quarries require approval of a Class A Special Use Permit. The amendment would allow the creation and reclamation of a borrow pit associated with a State of Federal highway improvement project as a use by right, provided that certain conditions specified in the amendment text are met. 062 RECO1rQMMATION: 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 October 3, 1994. 063 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 4. 1 Establishment of Use Regulations (uses permitted by right) Article 6.16. 16 Borrow Pits for Federal and State Highway Projects ORIGIN OF AMENDMENT: _X_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High _x Middle Low PUBLIC HEARING DATE: August 22, 1994 PURPOSE OF AMENDMENT: To allow a borrow pit associated with a state or federal highway construction project as a use permitted by right in all zoning districts. IMPACTS/ISSUES: The issue of borrow pits was recently brought to the attention of the Planning Staff by a contractor bidding for a NCDOT contract to replace the bridge on NC 54 which crosses the Haw River. A borrow pit is an area excavated to provide fill dirt for construction projects, including major road construction projects. In some cases, fill material is obtained from area within the right-of-way. In other cases, the fill material is borrowed from private property, under a contract with the property owner. Borrow pits are located as close to the construction site as possible to minimize transportation costs. After the excavation is completed, the area is generally reclaimed. Reclamation often includes refilling of the pit with dirt, stumps and other debris which may be associated with the project. A four to five acre site on an existing farm is needed to provide fill to reconstruct the bridge across the Haw River on NC 54. The pit created by the borrowing activity would be filled with the debris from the demolition of the existing bridge. Existing Zoning Ordinance Requirements Under current regulations, two Special Use Permits would be required, one for the removal of the dirt and the other for the filling in the pit with the debris from the bridge. The Zoning Ordinance does not provide a distinction between a borrow pit and a commercial quarry operation, nor does it distinguish between the reclamation of a borrow pit and the creation of a landfill. 064 Extraction of Earth Products The Zoning Ordinance defines the extraction of earth products as "the process of removal of mineral ores, soils or other solids, liquid or gaseous matter from their original location. It does not include any processing of such material, beyond incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of further processing" . Extraction of Earth Products is listed in the Table of Permitted uses as a Class A Special Use, and is allowed only in the Agricultural Residential and Agricultural Services, and Industrial zoning districts. Landfill The Zoning Ordinance defines a landfill as "a site within which is deposited solid waste material, including trash, construction debris, stumps, branches and limbs, garbage and industrial waste" . Landfills larger than two acres are also a Class A Special Use, allowed only in the AR, R1, RB, AS and Industrial zoning districts. Approval Authority Orange County has no jurisdiction to require permit approval if borrowing and filling occurs within DOT right- of-way. If the borrow pit is located on private property, then approval of a Class A Special Use Permit would be required for the extraction of fill material, but only if the property were located in the AR zoning district. A borrow pit would not be permitted at all in any other district. Prior to the filling of the pit with material such as debris associated with the construction, a Special Use Permit for a landfill would be required. The Solid Waste Division of the Department of Environment Health and Natural Resources does not require a permit for projects which fall under the Beneficial Disposal Rule. This Rule exempts "beneficial fill" from State permitting requirements. Beneficial fill is defined as inert debris consisting of "uncontaminated soil, rock, stone, gravel, brick, and concrete" . The Beneficial Disposal Rule does not, however, exempt such activities from local land use regulations. Implication for Projects such as widening of I-85 Another issue is raised by this inquiry is the possibility of encountering borrow pits outside of the NCDOT right-of- way in connection with the widening of I-85. If the borrow pit was located in an area designated as Rural Residential in the Land Use Element of the Comprehensive Plan, then the property could not be rezoned to a district would allow the use. The only recourse in that case 0.65 would be for DOT to purchase the property, even if it will be reclaimed to a usable form at a later date. The proposed amendment seeks to address this issue before further situation similar to the Haw River bridge replacement are encountered. The amendment would allow the creation and reclamation of a borrow pit associated with a State of Federal highway improvement project as a use by right, provided that certain conditions specified in the amendment text are met. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE 4.1 Establishment of Use Regulations Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Schedule of Permitted Uses. Uses not expressly permitted are prohibited. Within all districts there are certain uses that are permitted as a matter of right. The uses are: 1. Above ground and buried utility lines for local distribution of electricity, telephone, and cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. 2. Bona fide farms. 3. Buildings and other temporary structures used in connection with the construction of a permanent building. 4. Neighborhood utility facilities located within a public right of way with the permission of the owner of the right of way (State, City or Town) . 5. Off street parking as a required accessory use to a permitted use. 6. Public and private streets and roads. Railroad rights-of-way. 7 . Water and sanitary sewer lines, gas and liquid fuel distribution lines. 8. Telephone exchanges (without business offices) , subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations. (See Article 6. 16. 12) . 9. Electrical substations, switching and metering stations and associated transmission lines, where incoming voltage does not exceed 100 kilovolts (kv) . (See Article 6. 16. 14) . 10. Solid waste collection facilities owned and operated by a public agency for the purpose of disposal of household waste by Orange County residents. (See Article 6.16. 15) . 066 11. Borrow Bits (including reclamation by landfilling) associated with _a State or Federal highway aroiect. (See Article 6. 16. . 16) . Uses requiring special permits must meet certain conditions specified in this ordinance. Only after the existence of these specified conditions has been determined by the Board of Adjustment, or the Board of Commissioners, as appropriate, will a special permit be issued; otherwise such uses are prohibited uses. Regulations governing the use of land and structures within a Planned Development district are as established in Article 7 . ARTICLE 6.16.16 Borrow Pits for Federal and State Highway Projects The following restrictions shall be aRRlied to the above uses in all zoning districts: a) The borrow pit is located within one-half mile of the construction site; b) An Erosion Control Plan has been aRRroved by the Department of Environment, Health and Natural Resources a) The material extracted is to be used solely for a State or Federal road construction project; b) Road construction plans include provision for reclaiming the excavated area. The excavated area may be filled with inert debris classified as beneficial fill by the Solid Waste Branch of the Department of Environment, Health and Natural Resources, provided that the debris is also associated with a State or Federal Highway road construction project. ORDINANCE REVIEW SUBCOKKITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: