HomeMy WebLinkAboutAgenda - 08-23-1993 - Agenda ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
AGENDA
JOINT PUBLIC HEARING NOTE: BACKGROUND MATERIAL
AUGUST 23, 1993 IS AVAILABLE IN THE
7:30 P.M. PLANNING DEPARTMENT
SUPERIOR COURTROOM OR THE CLERK'S OFFICE
ORANGE COUNTY COURTHOUSE (NEW)
106 EAST MARGARET LANE
HILLSBOROUGH, NORTH CAROLINA
NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio
amplification equipment is available on request. If you need this
assistance, please call the County Clerk's Office at 732-8181 or 966-4501.
A. OPENING REMARKS FROM THE CHAIRMAN
B. PUBLIC CHARGE
The Board of Commissioners pledges to the citizens of Orange County its respect.
The Board asks its citizens to conduct themselves in a respectful, courteous manner,
both with the Board and with fellow citizens. At any time should any member of the
Board or any citizen fail to observe this public charge, the Chair will ask the
offending member to leave the meeting until that individual regains personal control.
Should decorum fail to be restored, the Chair will recess the meeting until such time
that a genuine commitment to this public charge is observed.
C. PUBLIC HEARING ITEMS
1. Comprehensive Plan Amendments
(a) CP-3-93 Bobby Kirk Sr. and Jr.
(b) CP-4-93 Watershed Protection
2. Zoning Atlas Amendments
(a) Z-5-93 Little River Township
(b) Z-6-93 Cedar Grove Township
(c) Z-7-93 Watershed Overlay Districts
3. Zoning Ordinance Text Amendments
(a) Article 4.2.27 Watershed Protection Overlay Districts - Intent and
Application Criteria
(b) Article 6.23 Extra Requirements for Watershed Protection Overlay
Districts
(c) Article 22 Definitions
(d) Appendix Detention Pond Design Standards
4. Subdivision Regulations Text Amendments
(a) Section IV-B-1 Lot Standards
(b) Section IV-B-5 Lot Layout
(c) Section IV-B-8 Landscape and Buffer Requirements
(d) Section IV-B-9 Watershed Protection Standards (delete)
(e) Section IV-B-10 Cluster Developments
(b) Section V-C Specifications for Plat Drawings (Prelim. Plan)
(c) Section V-D Specifications for Plat Drawings (Final Plat)
All items proposed for public hearing (with exception of CP-3-93 Bobby Kirk Sr. and
Jr.) relate to the application of State-mandated watershed protection standards and the
related zoning of Cedar Grove and Little River Townships.
D. ADJOURNMENT
Note: The Planning Board will make a recommendation no sooner than its
meeting of September 20, 1993. The Board of Commissioners will
consider the items for decision no sooner than October 4, 1993.
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NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE
COMPREHENSIVE PLAN, ZONING ATLAS, ZONING ORDINANCE AND
SUBDIVISION REGULATIONS FOR ORANGE COUNTY, N.C.
Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section
240, 323 and 343, and Article 20, Section 20.5 and 20.6, and Articles 2.2.12 and 2.2.13 of the
Orange County Zoning Ordinance and Section VIII of the Orange County Subdivision
Regulations, 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 Monday, August 23, 1993 at 7:30 p.m. for the purpose of giving all interested
citizens an opportunity to speak for or against the following items:
ORANGE COUNTY COMPREHENSIVE PLAN
The proposed amendments to the Land Use Element of the Orange County Comprehensive Plan
are as follows:
1. CP-3-93 Bobby Kirk Sr., and Jr.
The property in question is located at the intersection of Orange Grove Road and
Bradshaw Quarry Road in central Bingham Township. The area proposed for
amendment consists of a 1/4-mile radius around the intersection, specifically described
as all or part of lots.3, 4, 5, 8G, 8J, 8M, 8N, 9, 9A, 9F, 9G, 9H, 12, 12C, 19F, and
22 of Tax Map 11 in Bingham Township. The area is located within the Cane Creek
watershed and is currently used for agricultural and residential purposes. The area is
currently zoned AR(PW-II).
The property is being considered for re-designation in the Bingham Township component
of the Land Use Element of the Comprehensive Plan from Agricultural-Residential
(Protected Watershed) to Rural Neighborhood Activity Node (Protected Watershed).
Areas designated as Rural Neighborhood Activity Nodes are located in rural areas at
intersections of collector or arterial roads and are suitable for small scale commercial and
service uses.
2. CP-493 _ Watershed Protection
Various sections of the Land Use Element of the Comprehensive Plan are proposed for
amendment to:
- designate South Hyco Creek, Lower Eno, Jordan Lake and Haw River
Watersheds as Watersupply Watersheds;
- update definitions of watershed-related terms; and
- include informational paragraphs on the State mandate for watershed protection
and Orange County's approach for implementing that mandate.
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ORANGE COUNTY ZONING ATLAS
1. Z-5-93 Expansion of Zoning Atlas to Include Little River Township
a. Zoning to Rural Residential (R-1)
An area roughly located between Kiger Road and New Sharon Church
Road, south of Guess Road, extending generally to the southeast in an
irregular fashion to the Durham County line to the east and boundary of
Little River Township to the south.
An area roughly located in the area between Guess Road, Green Riley
Road and NC 57, extending westward to include the area south of the
North Fork of the Little River east and slightly to the west of Mary Hall
Road, and south to the vicinity of Kiger Road and Jackson Road
b. Zoning to appropriate commercial zone
Scattered commercial properties located within the Rural Neighborhood
and Rural Community Activity Nodes as identified in the Land Use
Element of the Orange County Comprehensive Plan.
c. Zoning to Existing Commercial District (EC-5)
- Scattered commercial properties located outside of the Rural
Neighborhood and Rural Community Activity Nodes as identified in the
Land Use Element of the Orange County Comprehensive Plan.
d. Zoning to Existing Industrial District (E-I)
- Scattered industrial properties.
e. Zoning to Agricultural Residential (AR)
-- All parcels not included in a. through d. above.
2. Z-6-93 Expansion of Zoning Atlas to Include Cedar Grove Township
a. Zoning to appropriate commercial zone
- Scattered commercial properties located within the Rural Neighborhood
and Rural Community Activity Nodes as identified in the Land Use
Element of the Orange County Comprehensive Plan.
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b. Zoning to Existing Commercial District (EC-5)
- Scattered commercial properties located outside of the Rural
Neighborhood and Rural Community Activity Nodes as identified in the
Land Use Element of the Orange County Comprehensive Plan.
c. Zoning to Existing Industrial District (E-I)
Scattered industrial properties located outside of the Rural Industrial
Activity Node as identified in the Land Use Element of the Orange
County Comprehensive Plan.
d. Zoning to Agricultural Residential (AR)
- All parcels not included in a. through c. above.
3. Z-7-93 New Watershed Protection Overlay Districts
The following zoning overlay districts are proposed to be applied for the purpose of
protecting public drinking water supplies in a manner at least as restrictive as that
mandated by the Environmental Management Commission in carrying out the provisions
of the Watersupply Watershed Protection Act of 1989.
a. UNIV-CA (University Lake Critical Area Overlay)
One-half mile from the normal pool of University Lake, or ridgeline of the
watershed, whichever is less.
An alternative which may also be considered is designation of the entire
University Lake watershed within the University Lake Critical Area Overlay.
b. UNIV-PW (University Lake Protected Watershed Overlay District)
The portion of the drainage basin of University Lake not covered by UNIV-CA.
c. CANE-CA (Cane Creek Critical Area Overlay District)
One-half mile from the normal pool of Cane Creek Reservoir, or to the ridgeline
of the watershed, whichever is less.
An alternative which may also be considered is designation of the entire Cane
Creek watershed within the Cane Creek Critical Area Overlay.
d. CANE-PW (Cane Creek Protected Watershed Overlay District)
The portion of the drainage basin of Cane Creek Reservoir not covered by
CANE-CA.
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e. U-ENO-CA (Upper Eno Critical Area Overlay District)
One-half mile from the normal pool of Lake Orange, Corporation Lake, and
potential reservoir sites on the West Fork of the Upper Eno and Seven Mile
Creek, or to the ridgeline of the watershed, whichever is less.
f. U-ENO-PW (Upper Eno Protected Watershed Overlay District)
The portion of the existing or potential drainage basins of Lake Orange,
Corporation Lake, West Fork of the Upper Eno and Seven-Mile Creek not
covered by U-ENO-CA.
g, L-ENO (Lower Eno Protected Watershed Overlay District)
The Orange County portion of the Eno River Watershed within 10 miles of the
City of Durham Emergency Water Intake east of US 501 (Roxboro Road).
h. LITTLE-PW (Little River Protected Watershed Overlay District)
The portion of drainage basin of the Little River Reservoir which is located in
Orange County.
i FLAT-PW (Flat River Protected Watershed Overlay District)
The portion of the drainage basin of the Flat River which is located in Orange
County.
L BACK-PW (Back Creek Protected Watershed Overlay District)
The portion of the drainage basin of Back Creek which is located in Orange
County.
k. HYCO-PW (South Hyco Creek Protected Watershed Overlay District)
The portion of the drainage basin of South -Hyco Creek which is located in
Orange County.
L JORDAN-PW (Jordan Lake Protected Watershed'Overlay District)
The Orange County portion of the Jordan Lake Watershed which extends 5 mile
from the normal pool elevation of the impoundment.
m. HAW-PW (Haw River Protected Watershed Overlay District)
The portion of the drainage basin for the Haw River which is located in Orange
County.
ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
The proposed text amendments to the Orange County Zoning Ordinance are as follows:
1. Delete district intent and application criteria contained in ARTICLE 4.2.27 - Protected
Watershed II (PW-II) District, ARTICLE 4.2.28 - Water Quality Critical Area (WQCA)
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District, ARTICLE 4.2.29 - Protected Watershed Industrial (PW-I) District and
ARTICLE 4.2.30 - University Lake Watershed (ULW) District, and replace with a new
ARTICLE 4.2.27 - Watersupply Watershed Overlay Districts, which will include intent
and application criteria for each of the 13 proposed watershed protection overlay districts
described under #3 of the Zoning Atlas Amendments above.
2. Delete ARTICLE 6.23 - Extra Requirements for Protected Watershed Districts (PW-II),
ARTICLE 6.24 - Extra Requirements for Water Ouality Critical Areas, and ARTICLE
6.25 - Development Standards for the University Lake Watershed (ULW) District and
replace with a new Article 6.23 - Extra Requirements for Watershed Protection Overlay
Districts.
The standards contained within the new Article 6.23 are proposed to be applied to 13
watershed protection overlay districts for the purpose of protecting public drinking water
supplies in a manner at least as restrictive as that mandated by the Environmental
Management Commission in carrying out the provisions of the Watersupply Watershed
Protection Act of 1989.
The lot size and impervious surface requirements proposed for the 13 Watershed
Protection Overlay Districts are as follows:
a. UNIV-CA No substantive change from the standards currently required by the
University Lake Watershed Overlay District is proposed.
b. UNIV-PW No substantive change from the standards currently required by the
University Lake Watershed Overlay District is proposed.
c. CANE-CA Two-acre minimum lot size and 6% impervious surface limit
proposed. (No substantive change from the standards currently required by the
Water Quality Critical Area (WQCA) Overlay District.)
d. CANE-PW 40,000 square foot (.92 acre) minimum lot size and 12% impervious
surface limit proposed. (No substantive change from the standards currently
required by the Protected Watershed (PW-II) Overlay District.) Up to 5% of the
'CANE-PW overlay, if permitted by the underlying zoning district, may be
developed for non-residential use with an impervious surface limit of 70%.
e. U-ENO=CA Two-acre minimum lot size and 6% impervious surface limit
proposed. Within the portion of U-ENO-CA in Cheeks and Hillsborough
Townships, the proposed standards do not represent a substantive change from the
standards currently required by the Protected Watershed Overlay(PW-II)District.
Within the portion of U-ENO-CA in Cedar Grove Township, there is currently
a 40,000 square foot minimum lot size and no impervious surface limit.
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0 f U-ENO-PW The minimum lot size is as required by the underlying zoning
district. It is proposed that up to 5% of the district, if permitted by the
underlying zoning district, be allowed to develop for non-residential use with an
impervious surface limit of 70%, with stormwater detention ponds required when
impervious surface exceeds 12%. Residential developments with a density greater
than 1 dwelling unit per acre, where permitted by the underlying zoning district,
would have an impervious surface limit of 30%, with stormwater detention ponds
required when impervious surface exceeds 12%.
L-ENO-PW The minimum lot size is as required by the underlying zoning
district. The impervious surface limit for non-residential and residential use is
proposed to be 50%, with stormwater detention ponds required in some cases
where impervious surface exceeds 24%.
h. JORDAN-PW and HAW-PW The minimum lot size is as required by the
underlying zoning district. The impervious surface limit for non-residential use
is proposed to be 24%. The impervious surface for residential use is proposed
to be 50%, with stormwater detention ponds required in some cases where density
exceeds 2 dwelling units per acre and 24% impervious surface.
i. LITTLE-PW A two-acre minimum lot size and 6% impervious surface is
proposed for residential development. Within the portion of LI'Yl LE-PW overlay
in Cedar Grove and Little River Townships, there is currently a 40,000 square
foot minimum lot size and no impervious surface limit. Within the portion in
Hillsborough and Eno Townships, there is currently a 40,000 square foot
minimum lot size and 12% impervious surface limit. Up to 5% of the LITTLE-
PW overlay, if permitted by the underlying zoning district, may be developed for
non-residential use with an impervious surface limit of 70%.
FLAT-PW A two-acre minimum lot size and 6% impervious surface is proposed
for residential development. There is currently a 40,000 square foot minimum
lot size and no impervious surface limit. Up to 5% of the FLAT-PW overlay,
if permitted by the underlying zoning district, may be developed for non-
residential use with an impervious surface limit of 70%.
k. BACK- PW 40,000 square foot (.92 acre) minimum lot size and 12% impervious
surface limit. Within the portion of BACK-PW in Cheeks Township, the
proposed standards do not represent a substantive change from the standards
currently required by the Protected Watershed Overlay (PW-II) District. Within
the portion of the BACK-PW overlay in Cedar Grove Township, there is
currently a 40,000 square foot minimum lot size and no impervious surface limit.
Up to 5% of the BACK-PW overlay, if permitted by the underlying zoning
district, may be developed for non-residential use with an impervious surface
limit of 70%.
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1. HYCO-PW 40,000 square foot (.92 acre) minimum lot size and 12% impervious
surface limit. The HYCO-PW overlay is located in Cedar Grove Township,
where there is currently a 40,000 square foot minimum lot size and no
impervious surface limit. Up to 5% of the HYCO-PW overlay, if permitted by
the underlying zoning district, may be developed for non-residential use with an
impervious surface limit of 70%.
In addition to minimum lot size and impervious surface restrictions, some of the
proposed watershed protection overlay districts include additional restrictions such as land
use restrictions, building and septic tank setbacks, amount of area to remain undisturbed
stream buffers, administrative requirements, and construction, operation and maintenance
of structural stormwater controls.
3. Amend ARTICLE 22 - Definitions to revise or add the following definitions:
Best Management Practices (BMPs), Detention Pond, Engineered Stormwater Controls,
Critical Area, High-Density Option, Impervious Surface (revised to include gravel
surfaces), Infiltration, Landfill (Discharging), Landfill (Non-Discharging), Low-Density
Option, Non-Point Source Pollution, Non-Residential Development, State Mandate,
Stream Buffer, Water-Dependent Structures, and Watersupply Watershed (or Protected
Watershed).
4. Add new Appendix providing design standards for stormwater detention ponds.
ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS
The proposed text amendments to the Orange County Subdivision Regulations are as follows:
1. Delete Section IV-B-9 Watershed Protection Standards, which contains standards
pertaining to stream buffers and infiltration of stormwater, and replace with a new
Section IV-B-9 makes reference to standards required by the Orange County Zoning
Ordinance.
2. Revise Section V-C Specifications for Plat Drawings (Preliminary Plat) and Section V-D
Specifications for Plat Drawings (Final Plat) to make appropriate references to the
revised Articles of the Orange County Zoning Ordinance
Large-scale maps showing the various zoning and overlay districts proposed and the specific
amendments proposed to the text of the Zoning Ordinance and Subdivision Regulations as
described in this notice are available for public inspection at the Orange County Planning
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 evidence
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received in writing by the date of the Planning Board meeting following the public hearing will
be considered by the Board of Commissioners for decision.
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 County Planning Department
located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North
Carolina. Office hours 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: August 11, 1993
August 18, 1993
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