HomeMy WebLinkAboutAgenda - 09-05-2017 - 8-l - Unified Development Ordinance (UDO) Amendment Outline and Schedule – Jordan Lake Nutrient Rules 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2017
Action Agenda
Item No. 8-I
SUBJECT: Unified Development Ordinance (UDO) Amendment Outline and Schedule —
Jordan Lake Nutrient Rules
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
Unified Development Ordinance (UDO) Allison Reinert, PE, Staff Engineer, (919)
Amendment Outline Form 245-2583
Craig Benedict, Planning Director, (919)
245-2575
PURPOSE: To consider and approve process components and schedule for government-
initiated amendments to the UDO to remove the Jordan Lake Nutrient Rules and references
related to Jordan Lake stormwater quality, in accordance with current State laws.
BACKGROUND: Orange County's UDO currently regulates erosion & sedimentation control for
non-farm land disturbing activity, as well as stormwater runoff from new development, under the
general oversight of the North Carolina Department of Environmental Quality (DEQ). The
DEQ's Division of Energy, Mineral and Land Resources (DEMLR) staff members provide
Orange County Engineering/Stormwater Division with regulatory oversight and technical
assistance related to erosion and sedimentation control and stormwater management.
This proposed text amendment to Orange County's UDO seeks to bring the County's UDO into
alignment with current DEQ regulatory requirements related to the Jordan Lake Rules. The
Jordan Lake Rules are a nutrient strategy designed to restore water quality in Jordan Lake by
reducing the amount of pollution (nutrients) entering upstream. The Jordan Lake rules became
effective August 11, 2009 with timelines related to implementation and Orange County adopted
amendments into the UDO in 2012. Subsequently, the Jordan Lake rules were modified and
delayed for implementation in later Session Laws. Due to the delay of implementation of the
nutrient rules for Jordan Lake, the UDO cannot continue to require enforcement of the rules in
Orange County's UDO.
Attachment 1 contains additional information and analysis regarding the proposed amendment.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional
funding for the provision of County services. Costs for the required legal advertisement for the
text amendment will be paid from FY2017-18. Departmental funds budgeted for this purpose.
Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process this amendment.
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SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline form and direct staff to proceed accordingly.
Attachment 1 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2017-04
Jordan Lake Nutrient Rules
A. AMENDMENT TYPE
Map Amendments
n Future Land Use Map:
From:
To:
n Zoning Map:
From:
To:
n Other:
Text Amendments
n Comprehensive Plan Text:
Section(s):
M UDO Text:
MUDO General Text Changes
LUDO Development Standards
MUDO Development Approval Processes
Section(s): 1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions
6.14: Stormwater Management (Development Standards)
Additional Sections may be identified as work proceeds
n Other:
B. RATIONALE
1. Purpose/Mission
The purpose of this amendment is to remove the Jordan Lake nutrient load rules and
all references related to Jordan Lake stormwater quality, in accordance with current
State rules. Jordan Lake stormwater quantity rules shall still be applicable as
amended.
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2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
In order to bring the UDO into conformity with current state regulations concerning
the water quality of stormwater within the Jordan Lake watershed, the Planning
Director is proposing to initiate a text amendment to the stormwater management
rules. The amendment proposes to:
• Remove the Jordan Lake Watershed nutrient load rules and associated references.
• Provide the Jordan Lake Watershed stormwater peak flow to trigger review for new
development by pre-development and post-development peak flow analysis by the
10% Rule.
Currently there are other nutrient rules in place in the UDO for other watersheds in
Orange County (i.e. Falls Lake Watershed) which shall continue to be enforced in
accordance with State regulations and recommendations.
Additional analysis will be available as work on the proposed amendment
commences.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 6: Natural and Cultural Systems Elements
Natural and Cultural Systems Goal 6: Sustainable quality and quantity of
ground and surface water resources.
4. New Statutes and Rules
The Jordan Lake rules became effective August 11, 2009 and Orange County
adopted amendments into the UDO in 2012; subsequently, the Jordan Lake rules
were modified and delayed for implementation in later Session Laws (2013-395).
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2017
b. Quarterly Public Hearing
November 2017
c. BOCC Updates/Checkpoints
September 6 — Ordinance Review Committee (receive materials)
Form Revised 09-29-16
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October 4 — Planning Board Recommendation (receive materials)
d. Development Advisory Committee (DAC)
September 7, 2017
e. LLegal Sufficiency Determination
To be determined prior to Planning Board Review
f. Other
Summer 2017 — Review by appropriate staff at the North Carolina Department of
Environmental Quality
b. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
September 6 — Ordinance Review Committee
October 4 — Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
Town of Chapel Hill
Town of Carrboro
d. Notice Requirements
Consistent with NC State Statutes — legal ad prior to public hearing
e. Outreach:
❑ General Public:
n Small Area Plan Workgroup:
❑ Other:
c. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of county services. Costs for the required legal advertisement will be paid
from the FY2017-18 Departmental funds budgeted for this purpose. Existing
Planning Staff included in the Departmental staffing budget will accomplish the work
required to process this amendment.
D. AMENDMENT IMPLICATIONS
Form Revised 09-29-16
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This amendment will remove the nutrient load requirements on stormwaters within the
Jordan Lake Watershed.
E. SPECIFIC AMENDMENT LANGUAGE
Will be available after work commences on this amendment.
Primary Staff Contact:
Allison Reinert, PE
Planning Department
919-245-2583
areinert @orangecountync.gov
Form Revised 09-29-16