HomeMy WebLinkAboutAgenda - 11-01-94-IX-D 1
ORANGE COUNTY
BOARD OF COMNIISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 1, 1994
Action Agenda
Item # l X-0
SUBJECT: ADVERTISEMENT - NOVEMBER 30, 1994 PUBLIC HEARING
NOTE: REFER TO AGENDA ITEM#X-A FOR SUPPORTING DOCUMENTATION RELATED TO
THE L40/OLD N.C. 86 ECONOMIC DEVELOPMENT DISTRICT PROPOSALS.
DEPARTMENT: PLANNING PUBLIC HEARING Yes _x_No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Legal Notice Mary Willis X2583
Proposed Public Hearing Items
TELEPHONE NUMBERS:
Hillsborough-732-8181
Durham -688-7331
Mebane -227-2031
Chapel Hill-967-9251
PURPOSE: To consider the legal notice for the quarterly public hearing scheduled for November 30,
1994.
BACKGROUND: The next regular quarterly public hearing is scheduled for November 30, 1994. The Board
of Commissioners reviews proposals to be considered at public hearing for consistency with
general County policy and presentation format. Items to be considered at the November
30, 1994 public hearing include the following:
• .1. Comprehensive Plan Amendment
a. CP-5-94 Economic Development Districts
The recommendations and supporting documentation for this amendment is
included in Agenda Item #X-A.
2. Zoning Atlas Amendment
a. Z-5-94 Economic Development Districts
The recommendations and supporting documentation for this amendment is
included in Agenda Item #X-A.
3. Zoning Ordinance Text Amendments
a. Article 6.23 -Watershed Protection Overlay Districts (subdividing two or more
lots of record in University Lake Watershed)
This amendment would allow the transfer of dwelling units across common
boundaries of adjoining lots of record for cluster subdivisions within the
University Lake Watershed,provided that the total number of dwelling units
does not exceed the sum of the number of dwelling units that would be allowed
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on each parcel. The amendment was initiated by a citizen of Orange County.
b. Article 4.1 - Uses Permitted by Right in All Zoning Districts (telephone/fiber
optic equipment)
This amendment would allow cabinetized telephone/fiber optic equipment as a
use permitted by right in all'zoning districts, with the provision that front
setbacks may be reduced to 20 feet in the AR, R1 and RB districts provided
that the equipment is screened from view by landscape materials. The
proposed amendment was initiated by the Planning Staff in response to
concerns expressed by Mebtel.
c. Article 6.23 - Watershed Protection Overlay Districts (setbacks from streams
and reservoirs)
The proposed amendment responds to recent concerns raised by property
owners in the vicinity of Lake Orange, and is summarized as follows:
1) Wells would be allowed in stream buffers; and
2) Nitrification fields would continue to be located 300 feet from reservoirs
and outside of stream buffers. Septic tanks and pumps could be located
150 feet from the reservoir or outside of the strewn buffer. (The setback
for structures is only 150 feet. It is often necessary or preferable to
locate the tank in close proximity to the residence.); and
3) Existing development would be deemed conforming with respect to
watershed standards; and
4) If destroyed, existing structures could be replaced in their current
location provided that there is no increase in impervious surface and no
increase in any existing encroachment into buffers or setbacks.
5) Setbacks and buffers for development on pre-existing lots could be
reduced if all of the following criteria were met:
a) The septic system is sized for no more than four bedrooms; and
b) septic area and repair can be accommodated on 20,000 square feet
or less; and
c) encroachment into setbacks is necessary in order to build on the
lot; and
d) the relative location of the well, septic system and structure
maximizes the degree of watershed protection which can be
obtained while allowing development of the lot; and
e) the amount of encroachment is the minimum that can be obtained
while meeting the above criteria; and
f) there are no existing water quality problems caused by
malfunctioning septic systems within 300 feet of the reservoir.
6) The requirement that the Environmental Management Commission
(EMC)approve major exemptions, as required by the State mandate, is
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clarified. EMC approval of a variance is required only if reduction
exceeds 10% of the State minimum.
d. Article 6.29.7 - Economic Development Districts Design Manual to incorporate
the recommendations of the I-40/Old N.G. 86 Work Group.
The recommendations and supporting documentation for these amendments
are included in Agenda Item #X-A.
Approval of the notice will permit advertisement on November 16 and November 23, 1994
as required by the N.C. General Statutes. The notice must be mailed on or before
November 11, 1994.
The Planning Board considered the proposed ordinance text amendments at its October 17,
1994 meeting and recommended that they be presented at the November, 1994 public
hearing for citizen comment.
RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for November 30,
1994.
•
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ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278 r� 77)
.; �.�/
'Y to
NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE
COMPREHENSIVE PLAN, ZONING ATLAS, AND ZONING ORDINANCE
FOR ORANGE COUNTY, N.C.
Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section 240, 323
and 343,and Articles 20.5,20.6,2.2.12 and 2.2.13 of the Orange County Zoning Ordinance,notice is hereby
given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse
(New), 106 East Margaret Lane,Hillsborough,North Carolina, on Wednesday,November 30, 1994 at 7:30
p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following
items:
COMPREHENSIVE PLAN AMENDMENTS
The proposed amendment to the Land Use Element of the Orange County Comprehensive Plan
is as follows:
1. CP-5-94 Economic Development Districts
a. Amend Section 3.5 -Land Use Goals and Draft Policies, Goal Six, to include the I-40/Old
NC 86 (HB-5) Economic Development (Transition) Activity Node.
b. Amend Section 3.9 - Hillsborough Township Plan (Text and Map) by adding a new
Economic Development Activity Node, I-40/Old NC 86 (HB-5). The node is located
generally at the intersection of I-40 and Old N.C. 86 (South Churton Street Extension)
and extends in a northerly direction along the west side of Old N.C. 86.The current Land
Use Element designations for the area are 10 and 20-Year Transition and Rural
-Residential The proposed designations are 10 and 20-Year Transition and Economic
Development Activity Node.-
ORANGE COUNTY ZONING ATLAS AMENDMENT
1. Z-5-94 Economic Development Districts
The following amendment to the Orange County Zoning Atlas is for the purpose of applying
Economic Development District zoning designations to properties which would have the designation
of Economic Development Activity Node in the Land Use Element of the Comprehensive Plan.The
area affected by the proposed changes is as follows:
a. Hillsborough Township • I.40/Old NC 86
The area proposed for rezoning is located generally at the intersection of I-40 and Old
N.C. 86 (South Churton Street Extension) and extends in a northerly direction along the
west side of Old N.C. 86. The area in question consists of approximately 744 acres. The
current base zoning district designations for the area are AR-Agricultural-Residential and
R-1 Rural 'Residential. The proposed zoning district designation is ED - Economic
Development District.
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ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
The proposed text amendments to the Orange County Zoning Ordinance are as follows:
1. Amend ARTICLE 6.23.2 WATERSHED PROTECTION OVERLAY DISTRICTS (RESIDENTIAL
DENSITY) to allow the transfer of dwelling units across common boundaries of adjoining lots of
record for cluster subdivisions within the University Lake Watershed, provided that the total
number of dwelling units does not exceed the sum of the number of dwelling units that would be
allowed on each parcel.
2. Amend ARTICLE 4.1 ESTABLISHMENT OF USE REGULATIONS to allow cabinetized
telephone/fiber optic equipment as a use permitted by right in all zoning districts, with the
provision that front setbacks may be reduced to 20 feet in the AR, R1 and RB districts provided
that the equipment is screened from view by landscape materials.
3. Amend ARTICLE 6.23.7b WATERSHED PROTECTION OVERLAY DISTRICTS (PERMITTED
USES WITHIN STREAM BUFFERS) to allow individual or community wells to be located within
stream buffers.
4. Amend ARTICLE 6.23.8 WATERSHED PROTECTION OVERLAY DISTRICTS (WATER
SUPPLY/SEWAGE DISPOSAL FACILITIES) to reduce required setbacks for septic tanks, septic
pumps, and related equipment, from 300 feet to 150' feet from a water supply reservoir.
Nitrification fields would continue to be located a minimum of 300 feet from a water supply
reservoir.
5. Amend ARTICLE 6.23.10a WATERSHED PROTECTION OVERLAY DISTRICTS
(APPLICABTT.ITY-EXISTING DEVELOPMENT) to more explicitly define existing development
as a residential or non-residential structure which had established a vested right under North
Carolina zoning law prior to January 1, 1994,and to deem existing development to be conforming
with respect o requirements of the Watershed Protection Overlay Districts.
6. Amend ARTICLE 6.23.10b WATERSHED PROTECTION OVERLAY DISTRICTS
(APPLICABILITY - REDEVELOPMENT) to allow for the rebuilding or replacement of existing
development in its current location provided that there is no increase in impervious surface and
no increase in any existing encroachment into buffers or setbacks.
7. Add ARTICLE 6.23.1Oc WATERSHED PROTECTION OVERLAY DISTRICTS(APPLICABTT.TTY
-EXISTING LOTS)to allow setbacks and buffers for development on lots created prior to January
1, 1994 to be reduced if all of the following criteria are met:
a) The septic system is sized for no more than four bedrooms; and
b) septic area and repair can be accommodated on 20,000 square feet or less; and
c) encroachment into setbacks is necessary in order to build on the lot; and
d) the relative location of the well, septic system and structure maximizes the degree of
watershed protection which can be obtained while allowing development of the lot; and
e) the amount of encroachment is the minimum that can be obtained while meeting the
above criteria; and
f) there are no existing water quality problems caused by malfunctioning septic systems
within 300 feet of the reservoir.
8. Amend ARTICLE 6.23.11 WATERSHED PROTECTION OVERLAY DISTRICTS
(ADMINISTRATION) to clarify that the requirement that the Environmental Management
Commission (EMC) approve variance requests applies only when a reduction in a requirement
which takes the form of a numerical standard exceeds 10%of the minimum required by the EMC.
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9. Amend ARTICLE 6.29.3 ECONOMIC DEVELOPMENT DISTRICTS. DESIGN MANUAL as
follows:
a. Amend Section 2.1 (Development Areas) by including a description of the proposed I-
40/Old N.C. 86 Economic Development District and identifying Primary, and Secondary
I and II Development Areas within that district.
b. Amend Section 2.2 (Permitted Uses) to include the I-40/NC-86 Economic Development
District,to specify the residential,office,retail,industrial,and other uses are allowed,and
to note that the feasibility of some permitted uses may be limited.
c. Amend Section 2.3 (Land Use Intensity) to increase the required Site Volume Ratios by
1.0 for all development within the proposed Secondary Development Area H.
d. Amend Section 2.4(Environmental Factors) to establish a threshold of 30,000 gallons per
day for high water usage. In addition, four options for water supply and sewage disposal
are to be considered, including the following:
(1) Limit public water and sewer service to the north side of I-40, delaying extensions
to the area south of I-40 until as-yet unspecified development thresholds are met.
(2) Limit public water and sewer service to the north side of I-40 for a two-year
period during which county-wide issues related to open space,rural character,and
farmland preservation are resolved. In two years, the issue of water and sewer
south of I-40 would be reconsidered. In the interim, allow alternative wastewater
disposal systems.
(3) Allow development to extend public water and sewer within the entirety of the
EDD, including the area south of I-40.
(4) Recognize that, under certain circumstances, any property within the EDD,
including the area on the south side of I-40, could be annexed by the Town of
Hillsborough, particularly if a developer proposed to extend water and sewer
mains to serve the project. In that case, the property owner could request
voluntary annexation, and the Hillsborough Town Board could approve the
annexation.
e. Amend Section 3.1 (Architectural Design) and Section 3.4 (Service & Storage) to allow
communication towers and antennas as an accessory use, subject to screening
requirements and height limitations.
The specific text amendments proposed as described in this notice are available for public inspection at the
Orange County Pifnning Department.
All interested citizens are invited to attend this hearing and be heard. Public comment will be received
during the public hearing. Following the close of the public hearing, only date of the Planning my evidence received in writing by
Commissioners for od meeting following the public hearing will be considered by the Board of
Changes may be made in the advertised proposals which reflect debate, objections and discussion at the
hearing.
Questions regarding the proposals may be directed to the Orange the Planning and Agricultural Center,306F Revere miff r Planning Department located
Road, Hillsborough,N borough,North h Carolina. Office hours
6a
are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 (Hillsborough), 688-
7331 (Durham),967-9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension
2575 or 2585. You will be directed to a staff member who will answer your questions.
Marvin Collins, Planning Director
PUBLISH: November 16, 1994
November 23, 1994
i
• e.•r•s., inc. .
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,....•, _ •
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•
• October - 11 , 1994 ' .
• Mary Willis,, Planner 3 ' . . .
Orange County Planning Staff '
Hi l lsbo'rough, NC , . .
•
• .. RE: Amendment Water.' Shed Protecrtion Overlay
Districts, Article 6.'. 23 • ' .
Dear Mary: • •
Please receive this request to amend Article- 6. 23 of the
Orange County Zoning Ordinance to clarify and allow adjacent
lots of . record prior . to October 2, 1989 to transfer lot •
quantities• and •size .acros's• common boundaries. This will
fulfill •the intent • of Article 6. 23. 9 , Clustering, and allow
designers the .•flexibility needed to preserve .open space and .
reduce the impact ' of unnecessary impervious surfaces created
by long roads. ,and di•Oies.
•
The amendment/clar,ification could be added to Article
• 6. 2.3. 2, Residential' Density, and placed after the' second
sentence • ended: "maximum* density" - • .
Thank you. for your attention ,to this mattes. Please get
back to me for any necessary revisions or suggestions you
• might have. •
Sincere '•
i f 1 c 1
J.• n D. Hartley . •
• ••
•
•
•
•
Suite 205 • 125 Kingston Drive • Chapel"Hill, NC 27514 .Ofc. 919.942:0077 • FAX. 919.942:0015 .
• •John D. Hartley, President/Architect•General Contractors NC License#10362•Design and Construction of Residential and Light Commercial •
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(Submitted by John Hartley)
6.23.2 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 two 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. However, if
Clustering (Article 6.23.9) , adjoining parcels of record as
of October 2, 19b9 may transfer du's across common boundaries
as long as the combined total of du's do not exceed the sum
of the total du's allowed on each parcel.
CANE-CA
CANE-PW
U-ENO-CA 1 du/ 2 acres
LIITLE-PW
HYCO-PW
FLATPW 1 du/ 40,000 square feet (.92 acre)
-
U-ENO-PW
L-ENO-PW Maximum density is as permitted in the underlying zoning district.
HAW-PW
JORDAN-PW Structural BMPs are required in some cases where density exceeds 1 dwelling
BACK-PW unit per acre. Refer to Article 6.2.3.3c1.
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PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
REFERENCE: Article 4 . 1 - Establishment of Use Regulations (uses
permitted by right)
ORIGIN OF AMENDMENT: X_ Staff Planning Board
BOCC Public
Other: County Attorney
STAFF PRIORITY RECOMMENDATION: High x Middle Low
PUBLIC HEARING DATE: November 30, 1994
PURPOSE OF AMENDMENT: To reduce restrictions related to the placement of
telephone system equipment.
IMPACTS/ISSUES: The Zoning Ordinance lists uses allowed by right in all
districts. A number of those uses are related to the
distribution of utility services. Some also require
compliance with certain design standards such as those
pertaining to screening and lot size.
Planning Staff has been contacted by Mebtel concerning
requirements for certain telephone equipment. The
equipment in question is cabinetized, or containerized,
telephone or fiber optic equipment placed on a concrete
pad to provide local distribution of service. Currently,
such equipment would be categorized as a "subscriber loop
hut" in Article 4. 1 of the Zoning Ordinance, which would
require that the standards of Article 6. 16. 12 be met,
including a provision that the equipment be located within
a 5,000 square-foot easement.
Due to advances in technology, the equipment can be
contained in a smaller area. The equipment addressed by
this amendment is contained within a 3 1/2-foot wide by 7-
foot long cabinet. According to current regulations, the
cabinet would need to be placed on a parcel or easement at
least 5,000 square feet in area (typically 100' by 50 ' ) .
This is considerably more than the area needed to
accommodate the equipment, even with providing vehicular
access for maintenance and repair. The land area
requirements adds considerably to the cost, which is
passed on the subscribers.
The proposed amendment would allow cabinetized equipment
by right with no additional restrictions. It would also
allow the setback of such equipment to be reduced to 20
feet in the AR, R1, and RB districts if the equipment is
screened from view by landscape material.
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EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT:
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. Cabinetized telephone and/or fiber optic equipment
* associated with the local distribution of services.
Setbacks from the right-of-way for such equipment may
be reduced to 20 feet in the Agricultural Residential,
Rural Residential and Rural Buffer zoning districts
provided that the equipment is screened from view by,
landscape materials.
3.
2-1- Bona fide farms.
Buildings and other temporary structures used in
connection with the construction of a permanent
building.
5. 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) .
6. Off street parking as a required accessory use to
a permitted use.
7 . .6.11- Public and private streets and roads. Railroad
rights of way.
8. 4-Ir Water and sanitary sewer lines, gas and liquid
fuel distribution lines.
9. Telephone exchanges (without business offices) ,
subscriber loop huts, pressure regulator
stations,water and sanitary sewer pumping
stations. (See Article 6. 16. 12) .
10. 4-g- Electrical substations, switching and metering
stations and associated transmission lines, where
incoming voltage does not exceed 100 kilovolts
(kv) . (See Article 6. 16. 14) .
11 Solid waste collection facilities owned and
operated by a public agency for the purpose of
10
disposal of household waste by Orange County
residents. (See Article 6. 16. 15) .
6.16.12 Telephone Exchanges (without business offices) subscriber
loop huts, pressure regulator stations, water andsanitary
sewer pumping stations in all zoning districts
The following restrictions shall be applied to the above
uses in all zoning districts:
a) The design of structures shall conform as closely as
possible to the character of the area in which it is
located.
b) Building or structures shall conform to the minimum
building setback distances for the applicable zoning
district and shall not exceed 800 square feet in area.
c) All buildings and structures shall be landscaped and
screened according to the standards that follow:
1. Buildings and structures which resemble
residential accessory structures must be
landscaped and maintained in the character of a
residential area.
2. Any outside storage areas must be fenced with a
minimum 5 foot fence and the area screened from
adjacent property according to the standards in
this section.
3. Lighting in and around these facilities shall be
constructed and shielded so as not to shine
directly on adjoining property used for or zoned
for residential purposes. Electrical and
telephone service to the structure shall be placed
underground. Types of lighting to be considered
shall include, but not be limited to, indoor
lights when visible through windows, outdoor
lighting, automobile headlights and signs.
Devices to shield lighting may include shades,
fences, shrubs, trees and natural conditions.
4. Parking areas and driveways used in connection
with facilities constructed pursuant to this
Section 6.16.12 shall either be surfaced or shall
be located and maintained in a condition so that
dust and dirt will not settle on adjoining
properties as a result of their use. Driveway
entrances shall be located in a manner that will
create as few additional traffic hazards as
possible.
11
5 . Buildings, structures, equipment or material shall
be screened by either a durable masonry wall, or a
fence, or by natural planting,' designed to be
compatible with the character of adjoining
properties, in order to materially screen the uses
within the subject property from the view of
adjacent properties. Screening shall be required
along any portion of the perimeter of the parcel,
easement, or leasehold located adjacent to
property zoned for residential use, except where
such property is owned or leased by a utility, and
used by the utility for public utility purposes.
Where screening is required, walls and fences
shall be at least 5 feet in height, but need not
be greater than 7 feet in height, measured from
the ground along the common lot line of adjoining
properties. Walls and fences shall be constructed
and maintained in a safe and sound condition.
Where natural planting is used as screening, a
strip of land at least 10 feet in width shall be
reserved for this purpose. The planting strip
shall be composed of an arrangement of shrubs and
trees. The shrubs shall be evergreen and shall be
arranged in 2 rows as minimum and planted at an
initial height of at least 3 feet, with distance
between shrubs being not more than 5 feet. The
shrubs shall be of such variety that an average
height of at least 6 feet could be expected as
normal growth within no more than 2 years from the
time of planting. Trees, which may be eight
evergreen or deciduous, shall augment the
arrangement of shrubs so that there will be a
screening effect of opacity to materially screen
the use within the subject property from the view
of adjacent properties.
d) The minimum required lot area for such uses shall be
5,000 square feet. The facility shall be located on a
parcel or easement across the parcel, (whether owned
or leased by the utility) which has been recorded with
the Orange County Register of Deeds.
e) Access easements extending from an approved public or
private road to the facility shall be a minimum width
of 30 feet.
**********************************
ORDINANCE REVIEW SUBCOMMITTEE: October 10, 1994
PLANNING BOARD REVIEW:
BOCC REVIEW:
12
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
REFERENCE: ARTICLE 6.23 Watershed Protection Overlay Districts
(stream and reservoir buffers)
ORIGIN OF AMENDMENT: X_ Staff Planning Board
BOCC Public
Other:
STAFF PRIORITY RECOMMENDATION:
High
Low
Comment: Middle
PUBLIC HEARING DATE: November 30, 1994
PURPOSE OF AMENDMENT:
To consider a proposed amendment which would allow for the reduction of
setbacks adjacent to streams and reservoirs to the extent necessary to
allow development of an existing lot of record.
IMPACTS/ISSUES:
Attached is a report concerning stream buffer provisions of the Zoning
Ordinance, as applied to existing lots of record. There have been a
number of complaints concerning the impact of stream and reservoir buffer
requirements. In some cases, the required buffers may render an existing
lot unbuildable without a variance, since the width of the buffer was not
taken into account when the lot was created. This issue creates a
particular problem for the existing lots surrounding Lake Orange.
On September .6, 1994, the Planning Staff presented to the Board of
Commissioners a proposed strategy to address situations which now require
a variance of stream or reservoir buffer requirements. The Board of
Commissioners referred the proposed strategy to the Planning Board and
Ordinance Review Committee for development of an ordinance amendment for
the November 28, 1994 public hearing. The proposed strategy included in
the attached report would allow the Planning Staff, in consultation with
Environmental Health and/or the County Engineer, to issue a zoning
compliance permit for development which does not meet the minimum buffer
requirements, when specified findings could be documented. In all other
cases, a variance request would be presented to the Board of Adjustment
according to current procedures. It was also recommended that wells be
permitted in stream buffers and that consideration be given to providing
greater flexibility in setback requirements in cases where use of a septic
pump could be avoided.
Planning Staff and the County Attorney met with a group of Lake Orange
property owners on September 9 to discuss thd' proposed strategy. Two
major concerns which were expressed involved the classification of
existing structures as non-conforming, and the inability to locate a
structure in close proximity to the lake, particularly when adjacent
3
13
houses which existed prior to the regulations are close to the lake.
Correspondence which has been received from affected property owners is
attached.
The proposed amendment is summarized as follows:
1) Wells would be allowed in stream buffers; and
2) Nitrification fields would continue to be located 300 feet from
reservoirs and outside of stream buffers. Septic tanks and pumps
could be located 150 feet from the reservoir or outside of the stream
buffer. (The setback for structures is only 150 feet. It is often
necessary or preferable to locate the tank in close proximity to the
residence. ) ; and
3 ) Existing development would be deemed conforming with respect to
watershed standards; and
4 ) If destroyed, existing structures could be replaced in their current
location provided that there is no increase in impervious surface and
no increase in any existing encroachment into buffers or setbacks.
5) Setbacks and buffers for development on pre-existing lots could be
reduced if all of the following criteria were met:
a) The septic system is sized for no more than four bedrooms; and
b) septic area and repair can be accommodated on 20,000 square feet
or less; and
c) encroachment into setbacks is necessary in order to build on the
lot; and
d) the relative location of the well, septic system and structure
maximizes the degree of watershed protection which can be
obtained while allowing development of the lot; and
e) the amount of encroachment is the minimum that can be obtained
while meeting the above criteria; and
f) there are no existing water quality problems caused by
malfunctioning septic systems within 300 feet of the reservoir.
-6) The requirement that the Environmental Management Commission (EMC)
approve major exemptions, as required by the State mandate, is
clarified. EMC approval of a variance is required only if reduction
exceeds 10% of the State minimum.
Y
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EXISTING AND PROPOSED ORDINANCE PROVISIONS 14
6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY DISTRICTS
6.23.7 STREAM BUFFERS
a) Definition
A stream buffer is an area of land adjacent to perennial
and intermittent streams which, except as stated below,
must remain undisturbed in its natural state. Perennial
streams are those streams shown as solid blue lines and
intermittent streams as broken blue lines on the USGS
Quadrangle maps for Orange County.
b) Permitted Uses Within Stream Buffers
The following uses are allowed as a matter of right in
stream buffers. All other uses are prohibited, except as
provided in Article 6.23. 10 of this Ordinance.
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, and individual or community wells.
3rivntc Individual or community wastewater disposal
systems are not permitted in stream buffers.
Public water and sewer lines are permitted only as
allowed by the Orange County Water and Sewer Policy,
and may be located within stream buffers only to the
extent necessary to cross the stream buffer as closely
as possible to perpendicular.
2) Public and private streets, bridges and railroad
rights-of-way, provided that they enter and exit the
buffer area as nearly perpendicular as possible.
6.23.8 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
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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.
CANE-CA New septic tanks, pump tanks and their
U-ENO-CA nitrification ficldo appurtenances 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 344 150 feet
from a reservoir.
New nitrification 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.
6
16
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-PW New septic tanks and their nitrification
CANE-PW fields shall be located outside of any
U-ENO-PW stream 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
6.23. .10 APPLICABILITY
a) Existing Development
Existing dcvclopmcnt is not subject to the requirements of
this Article. Existing development° inc1ii =Eej •- t 1
under North Carolina zoning law.
For the purpose of determining compliance with or
applicability of Article 6.23 of this Ordinance, existing
development is defined as a residential or non-residential
structure which
II was constructed prior to January 1, 1994; or
21 was constructed in accordance with a valid building
permit issued prior to January 1, 1994; or
31 was included as part of a Site Specific Development
Plan approved by the Board of Commissioners prior to
January 1, 1994; or
Al had otherwise established a vested right under North
Carolina Zoning law prior to January 1, 1994.
Existing development is hereby deemed to be conforming with
respect to requirements of Article 6.23 of this Ordinance.
b) Redevelopment
net--have—a—inet in built apse area er larevidca
equal or greater stormwater control than the previouc
development.
The rebuilding or replacement of residential or non-
residential structures which are defined as existing
development according to Article 6.23. 11a is allowed,
Provided that the rebuilding or replacement does not result
17
in an increase in the amount of impervious surface, and
does not encroach any farther into stream buffers or
setbacks from reservoirs than the previous development. A
structure which is rebuilt or replaced in accordance with
these provisions is deemed conforming with respect to
setbacks from streams and reservoirs required by Articles
6 .23 .7 and 6 .23.8 of this Ordinance.
•
21 Existing Lots
An existing lot , for the purpose of determining compliance
with Article 6.23, is defined as a lot which was created
prior to January 1, 1994 .
Stream buffers as required by Article 6 .23 .7 , and setbacks
for septic systems as required by Article 6. 23 .8 may be
reduced to the extent necessary to allow development of the
lot, provided that all of the following criteria are met:
1 . The septic system is sized to serve no more than four
bedrooms; and
2 . The septic tank, drainfield and repair area (where
required) can be accommodated on 20,000 square feet of
area or less; and
3. The Orange County Planning Staff, in consultation with
Orange County Environmental Health and/or the Orange
County Engineer has determined that encroachment of
the structure into the stream buffer and/or
encroachment of the septic system or repair area into
the stream buffer or reservoir setback is necessary in
order to provide adequate area for septic disposal and
repair while maintaining required separations between
wells, septic systems, structures and property lines;
and
4 . The Orange County Planning Staff, in consultation with
Orange County Environmental Health and/or the Orange
County Engineer, has determined that the relative
locations of the well, septic system and structure
maximize the amount of watershed shed protection that
can be achieved while allowing development of the lot.
Generally, an exception to setbacks for repair area is
preferable to an exception for the initial septic
system, and encroachment of structures or gravity
septic systems into the setback is preferable to the
installation of a septic system pump.
5. The amount of encroachment into the stream or
reservoir buffer is the minimum amount which can be
obtained while meeting the above criteria.
8
18
6. All of the above criteria are met and the lot is
located ad 'acent to a water sugh .1 reservoir and
Oran•e Count Environmental Health has determined that
there are no existin. water •ualit •roblems in that
reservoir which can be attributed to malfunctionin.
s stems within 300 feet of the normal •ool
elevation.
6.23.11 ADMINISTRATION
a) Appeals
Decisions of the Zoning Officer and County Engineer in the
implementation of this Article may be appealed to the
Orange County Board of Adjustment in accordance with
Article 2.3. 7 of this Ordinance.
b) Variances
Development activities may be granted minor variances by
the Board of Adjustment in accordance with Article 2.3.6 of
this Ordinance.
A variance which results in one or more of the following
shall be considered a major exemption, requiring approval
by the Environmental Management Commission.
1. the complete waiver of a management requirement;
2.
the relaxation of an mana•ement re.uirement that
takes the form of a numerical standard to less than
291_91...th_q_MiniMUM_Ltalliktd_bv State mandate.
3. the relaxation of any management requirement that
applies to a development project requiring
construction of a BMP.
A description of each project receiving a variance and the
reason for granting the variance shall be submitted to the
Commission on an annual basis.
All other local governments having jurisdiction within the
watershed area and the entity using the water supply for
consumption shall be notified of the proposed exemption.
**********************************
ORDINANCE REVIEW SUBCOMMITTEE: October 10, 1994
PLANNING BOARD REVIEW:
BOCC REVIEW:
9
19
APPLICATION OF STREAM BUFFER PROVISIONS ON EXISTING LOTS OF RECORD
L DESCRIPTION OF PROBLEM
M
Article 6.23.7b of the Zoning Ordinance requires that new structures and septic systems be located
outside of stream buffers. Outside of watershed critical areas,the width of the buffer ranges from
50 feet to 150 feet, depending on slope, and is measured from the edge of the floodplain. Within
watershed critical areas, there is no upper limit on the width of the buffer.
Article 6.23.7e of the Zoning Ordinance 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 of the Zoning Ordinance requires that septic systems be located at least 300' from
a reservoir, 100' from a stream, or outside of the stream buffer, whichever is greater.
The current watershed regulations, which implemented the State mandate, became effective on
January 1, 1994. At that time, the Orange County portions of the Lower Eno, South Hyco Creek,
Haw River and Jordan Lake Watersheds were designated as protected watersheds for the first
time. Also, the portions of the Back Creek, Upper Eno, Flat River, South Hyco Creek and Little
River Watersheds in Cedar Grove and Little River Townships, which were previously designated
as protected watersheds only in the Comprehensive Plan, were made subject to requirements of
the watershed protection overlay districts through the zoning of those townships.
As a result, existing lots on which a stream is located, in most of Little River, Cedar Grove and
Eno Townships and a small portion of Chapel Hill and Bingham Townships, have recently (as of
1/1/94) been made subject to stream buffer requirements. In some cases, the application of these
setbacks may render an existing lot unbuildable without a variance, since the width of the buffer
was not taken into account when the lot was created.
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 Take
Orange, and would be unbuildable if the 300' septic system setback were applied. Most of the
lots surrounding Lake Orange are now non-conforming and may be unbuildable without a variance
if the 300' septic setback and 150' building setback are applied.
The same problem can arise with regard to stream buffers in cases where the lot was created prior
to the current stream buffer requirements. The extent of potential problems adjacent to streams
is difficult to identify because the lots which could potentially be impacted cover a large geographic
area.
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. An amendment to the Zoning
Ordinance was presented for public hearing on February 28, 1994 and would have allowed a
reduction in the septic and building setbacks on lots adjacent to reservoirs which were created
prior to January 1, 1994 to the extent necessary to build on the property, provided that septic
systems and structures remained outside of stream buffers, and the septic system remained at
least 100 feet from the reservoir (as required by the State mandate). The amendment was
proposed in an effort to address the concerns expressed by many of the property owners
surrounding Take Orange. The amendment was not approved due, at least in part, to opposition
from OWASA. OWASA was concerned that the proposed amendment would be perceived as a
relaxation of Orange County's commitment to watershed protection in the Cane Creek watershed.
20
The Board of Commissioners directed staff to develop a process by which variances could be
considered in a more expedient and inexpensive manner,and suggested that a window of time be
established within which multiple variances could be considered with elimination or reduction of
fees. The Planning Staff has talked with a number of property owners around Lake Orange and
explained that option. Only one variance request has been receive
the owner is ready to build that the septic �since it is generally not until
has also been contacted by several potential system
expressing concern with purchasing.sj g Planning arty Stair
with restrictions which could prohibit development of the property,and uncertainly property
or not a variance would be approved. y as to whether
II. INFORMATION REGARDING SEP'T'IC SYSTEM DESIGN ANT)LOCATION
A. SQUARE FOOTAGE REQUIRED FOR SEPTIC SYSTEMS
According to Environmental Health,about 130 linear feet of'drainfield line is needed per
bedroom. Trenches must have a separation of at least 10 feet. Under normal
circumstances, this translates to about 2,000 square feet of area per bedroom for the
septic system,and an additional 2,000 square feet of repair area. Environmental Health
has estimated that an additional 20% of area is generally sufficient to accommodate site
constraints. Normal circumstances would include suitable soils, gentle topography, and
limited presence of trees or other physical constraints.
The Rules of Sewage Disposal for Orange County require that septic
for at least three bedrooms. Under this provision, a two-bedroom house would still
required to have a septic system sized for a three bedroom house.
Using the rule of thumb of 2,000 square feet per bedroom for the septic system, 2,000
square feet for repair area,and an additional 20%to accommodate site constraints,septic
systems require the following land area:
Number of Capacity Minimum Area
Required for Septic System
' Bedrooms Required
(gallons - and Repair Area
a
per day) Without Site With Site
Constraints Constraints
square feet acres square lign
F feet
IMAM 360 12,000 .26 14,400 Mil
1=1 360 12,000 .26 14,400 Illm•LLII
480 16,000 Mall 19,200
5____ 600 20,000 .46 24,000 litill
Lots approved by Environmental Health during the subdivision approval process generally
have adequate soil to accommodate a four-bedroom house.
21
B. EXCEPTIONS TO REPAIR AREA REQUIREMENTS
In order for an improvements permit to be issued by Environmental Health, repair area
adequate to install a replacement system in the event of failure of the initial system is
generally required. If sufficient repair area is not available within the boundaries of the
lot, then an easement may be needed to reserve a repair area on adjacent property.
Section.1945 of"Laws and Rules for Sanitary Sewage Collection,Treatment,and Disposal
15 NCAC As Amended by the Orange County Board of Health (also referred to as"Rules
of Sewage Disposal for Orange County") states the following:
"(c) The repair area requirement shall not apply to a lot or tract of land:
(1) which is specifically described in a document on file with the local health
department on July 1, 1982, or which is specifically described in a
recorded deed or recorded plat on January 1, 1983; and
(2) which is of insufficient size to satisfy the repair requirement ... as
determined by the local health department; and
(3) on which a ground absorption sewage treatment and disposal system
with a design daily flow of:
(A) no more than 480 gallons is to be installed; or
(B) more than 480 gallons is to be installed if application for an
improvements permit is received by the local health
department on or before April 1, 1983.
(d) Although a lot or tract of land is exempted under paragraph (c)from the repair
area requirement , the maximum feasible area, as determined by the local
health department, shall be allocated for repair area."
C. STREAM CLASSIFICATION
Planning The Orange County Zoning Ordinance requires that septic systems be located
at least 300 feet from a reservoir, and at least 100 feet from a perennial or intermittent
stream within a protected watershed. Perennial and intermittent streams are identified
by a solid or dotted blue line on the USGS quadrangle maps.
Environmental Health The Rules of Sewage Disposal for Orange County require a
100-foot setback for septic systems adjacent to classified reservoirs and adjacent to
streams classified as WS-I,and a 50-foot setback adjacent to streams in which flow for at
least 50% of the year. Whether or not a particiiiir stream flows at least 50% of the year
is determined on a case by case basis in the field.
D. SETBACKS AND SEPARATIONS
Septic systems must be located at least 15 feet from a structure.
Wells are required to be at least 100 feet from any part of a septic system and 40 feet
from property lines.
22
All components of a conventional septic system must be located at least 10 feet from
property lines. All components of a low-pressure pipe system must be located at least 12
1/2 feet from property lines.
Trenches for line in the drainfield must be at least ten feet apart for a conventional
system and five feet apart for a low-pressure pipe system.
E. PUMPS
In some cases, septic setbacks can be met only if a pump system is installed. Use of a
pump provides more flexibility in the location of the drainfield relative to the septic tank,
and could allow the drainfield to be located farther from the stream or reservoir.
However, a pump system is more complex, and could cause problems with a back up of
septage in the septic tank in the event that the pump failed. These two factors should be
balanced. For example, a minor encroachment into the buffer may be preferable to
installing a pump system, whereas a pump system may be preferable to a substantial
encroachment into the buffer.
II[. PROPOSED REVIEW AND APPROVAL PROCEDURE
It is recommended that the Board of Commissioners reconsider possible alternatives to variance
requests for stream and reservoir buffers on lots which existed before January 1, 1994. One
option would be to allow the Planning Staff, in consultation with Environmental Health, and the
County Engineer, to issue a zoning compliance permit when specified fmdings could be
documented. In all other cases,a variance request would be presented to the Board of Adjustment
according to current procedures.
Below is a proposed list of findings to be met in order for Staff to issue a zoning compliance permit
where the stream or reservoir buffer is less than required by Article 6.23.7 or 6.23.8.
FINDINGS REQUIRED FOR STAFF REDUCTION OF SEPTIC SYSTEM SETBACK
REQUIREMENTS
1. The lot was created prior to January 1, 1994; and
2. The septic system is sized to serve no more than four bedrooms; and
3. The septic tank, drainfield and repair area (where required) can be accommodated on
20,000 square feet of area or less; and
4. Environmental Health has determined that there is not a sufficient amount of suitable soil
beyond the required setback or buffer to accommodate a septic system and any required
repair area for the proposed residence while maintaining the separation required by
Environmental Health between wells, septic systems, structures and property lines;
OR
Environmental Health has determined that although there is a sufficient amount of
suitable soil beyond the required setback or buffer to design a septic system and required
repair area while maintaining the separation required by Environmental Health between
wells,septic systems, structures and property lines,utilization of those soils would trigger
the use of a septic pump. In addition, the amount of encroachment into the buffer is less
than 10% of the required buffer or setback width, and placement of a gravity system
which encroached into the buffer would have a lesser potential impact on water quality
than would the installation and use of the septic pump; and
23
5. The location of the proposed septic system, well and structures meets all requirements of
Environmental Health, including distances for setbacks and other separations.
6. Where possible,the exception is to be granted for repair area,and the initial septic system
is to be installed outside of the required buffer or setback.
7. The amount of encroachment into the stream or reservoir buffer is the minimum amount
which can be obtained while meeting the above criteria.
FINDINGS REQUIRED FOR STAFF REDUCTION OF BUILDING SETBACK
REQUIREMENTS
1. The lot was created prior to January 1, 1994.
2. The location of the septic system and repair area (where required) has been established
in accordance with requirements of Environmental Health and the Orange County Zoning
Ordinance; and
3. The residence contains no more than four bedrooms,as defined by Environmental Health;
and
4. Due to the location of suitable soils, slope, floodplain, or other features or constraints,
Environmental Health and the Planning Staff have determined that there is not a location
outside of the stream or reservoir buffer which on which a residence can be constructed.
OR
Environmental Health and the Planning Staff have determined that although the
residence could be constructed outside of the buffer, such location would require the use
of a pump. In addition, the amount of encroachment into the buffer is less than 10% of
the total buffer width, and encroachment of the structure into the buffer would have a
lesser potential impact on water quiality than would the installation and use of the pump
system; and
5. The amount of encroachment into the stream or reservoir buffer is the minimum amount
which can be obtained while meeting the above criteria.
It is also recommended that wells be permitted in stream buffers in cases where the additional
flexibility in well location could eliminate the need for an exception to or variance of setback
requirements for structures or septic systems. Another issue which should be addressed is the
possibility of providing greater flexibility in setback requirements in cases where use of a pump
could be avoided.
Implementation of a review and approval process which incorporates the above findings and other
recommendations would require an amendment to the Zoning Ordinance through the public hearing
process.
a
24
Sept.21, 1994 4320 Arrowhead Trail
Hillsborough,N.C. 27278
Orange County Planning Department
306 F Revere Rd.
Hillsborough, N.C./27278
Attn: Mary Willis
Mary, Monday (Sept.19) evening was an educational meeting for us. We now have a
much better understanding of the great amount of time and energy required to
accomplish county planning that will be of benefit to the citizens.
For clarification of the new codes, developed lots need to be addressed. Homes deeded
prior to 1/1/94 are conforming. Otherwise, we would not have been given an occupancy
permit. Since we are conforming, we are not required to conform to the most recent
changes (1-1-94). This is covered as to minimum lot size and minimum lot width.
Neither should we be required to meet the front setback,side and rear setback and
maximum building height. The extreme set back distances that have been established
would require 26,850 square feet of my "pie shaped"lot. Then, one side of the lot is 309
feet which would put the septic area in the road.
As to being able to rebuild my home in case of 75% loss, it would have to be located
where it is. To do otherwise would require a new well in front of the house, and a new
septic system much closer to the road. Then, the house would be sited over the present
septic system. Much additional cost ! This just wouldn't work.
These changes would become a REAL deterrent to a prospective buyer and to a lender
for that buyer.These changes are all "ex post facto" --after the deed has been done-and
can not apply to a home that conforms when it was built. "Grandfathering"
without exceptions is a must.
Since ely,
Robert J Perry
25
September 22, 1994
Orange County Planning Department
306F Revere Road
Hillsborough, NC 27278
Attn: Mary Willis
Dear Mary,
First of all, we would like to say thank you to the planning staff and the board for
realizing the need to amend the setback requirements as they pertain to the stream buffer
regulations passed on January 1, 1994. The time you have spent with all of us has been quite
educational and informative.
We are now non-conforming by your definition. We ( the citizens of Orange County )
truly feel we are conforming, based on the fact of compliance of every regulation you can
think of when these houses were built. In general, we feel any law passed should not include
those whose deeds were recorded prior to the effective date.
The planning board staff is now proposing a method to allow con-compliant
undeveloped lots a simpler method of applying for a variance through the planning board
versus the board of adjustment, with all the associated fee's involved. This is commendable.
There is no reference to existing lots with structures in your current report. The planning
board staff must make some provisions for these structures. The minimum lot non-complaint
regulation , Classification of Non-Conformities section 11.10c states, a non-conforming
residential structure located on a non-conforming lot shall not be required to comply with
either or both dimensional requirements regulating;
1. minimum lot size
2. minimum width
But shall comply with the dimensional requirements regulating;
1. required front setback
2. required side and rear setback
3. maximum building height.
Our stance is, we shouldn't have to comply with the new setback regulations. If the
recommendations are not approved, then a provision through amendment must be created with
the appropriate verbiage to include existing developed lots with structures. It is far easier to
conform with new construction on an undeveloped lot than on a lot with a pre-existing house.
It would be more costly and time consuming to move a foundation and the house also. In
addition, I would have to move my existing LP septic system, because moving the house back
to the 150 setback would put it on top of the existing septic system.
For the ci:tens of Orange County,
Gary Lubarsky
4222 Arrowhead Trail
Hillsborough, NC 27278
(919) 732-2175