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HomeMy WebLinkAboutAgenda - 11-20-2006-c6ORANGE COUNTY BOARD • COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT I Meeting Date: November 20, 2006 Action Agenda Item No. C.6 SUBJECT: Text Amendment for Additional Special Use Permit Submittal Requirement DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) YES ATTACHMENT(S): 1. Zoning Ordinance Text Amendment 2. Draft Cultural and Archaeological Survey Ordinance with Map . 3) Memo from.State Archaeologist INFORMATION CONTACT: Robert P. Davis, Planner 111, 245-2580 PURPOSE: To receive staff report and hear public comments on the proposed additional submittal requirement for Special Use Permits (SUP) and to receive a draft Cultural and Archaeological Survey Ordinance. The purpose of this zoning ordinance text amendment is to add an additional submittal requirement for some SUP applications. The additional submittal item. will be in the form of a letter, from the Environment and Resource Conservation Department (ERCD) to the applicant/owner of a development proposal, which states, effectively, that no sites of cultural or archaeological significance have been discovered within a project's boundaries. ERCD will be able to furnish their letter based on a report, from a qualified professional, indicating if cultural or archaeological resources are not present within a project's boundaries. Staff has included a draft proposal for a standalone Cultural and Archaeological Survey Ordinance that would set the guidelines to be used for determining whether or not a site has significance. This ordinance will apply to all projects unless exempted by the ordinance. As indicated in the attached memo from Stephen R. Claggett, State Archaeologist, there are sensitive issues surrounding the public disclosure of cultural and archaeological sites. Requiring that this sensitive data be a submittal item to a public document (i.e. SUP application) would defeat the purpose and intent of maintaining a confidential inventory of these types of sites. This public hearing will provide a forum for the Board of County Commissioners, Planning Board and the public to discuss the merits of a standalone Cultural and Archaeological Survey Vlavmn,? Div,0RNF%201)0 flubtic, lkmrinjs•Nlov M Sum y`.' uhuml 2 Ordinance. However, the first step will be to refer the draft Cultural and Archaeological Survey Ordinance to review agencies for comments and then to set a public hearing for the ordinance to be considered. If ultimately a Cultural and Archaeological Survey Ordinance is adopted, then the amendment to the zoning text can be adopted. FINANCIAL IMPACT: No fiscal impact is associated with this action. RECOMMENDATION: Administration recommends: 1) that the proposed zoning ordinance text amendment be referred to the Planning Board for a recommendation to be returned to the BOCC either along with or after the adoption of a Cultural and Archaeological Survey Ordinance 2) that the draft Cultural and Archaeological Survey Ordinance be referred to ERCD staff and to the Historic Preservation Commission for review and comment 3) that the Planning Board make a recommendation to the BOCC on the proposed Cultural and Archaeological Survey Ordinance after ERCD and the Historic Preservation Commission have made comments (.i `,an;veb¢a���iri: i'lanuin � Div (YINI :12( 06 1 ablic liearinrs"Nov 20 1, ?}' !1''Cuttur.a-- ;rcba�c�Lig,icfx! Surym Cuhmal Absixaci P!Ldoc Ordinance to Public Hearing 3 November 20, 2006 Bold = Proposed Text S•trikethough = Deleted Text An Ordinance Amending the Zoning Ordinance of Orange County The Board of Commissioners of Orange County ordains that the Orange County Zoning Ordinance is amended as follows: Section 1: That section 8.8 of the Zoning Ordinance be amended to read as follows: 8.8 Regulations Governing Individual Special Uses The regulations for each Class A and Class B Special Use are divided generally into two sections: the first consists of additional and specific components of the application beyond those necessary to comply with Section 8.6, while the second consists of the specific standards which are supplementary to the general standards in Section 8.2 and to the required conditions in Subsection 8.4.7. The following additional information is required for all Special Use Applications: a) For Class A Special Uses twenty -six (26) copies of the Site Plan, and for Class B Special Uses ten (10) copies of the Site Plan, prepared by a registered North Carolina land surveyor, landscape architect, architect, or engineer, which shall contain the information listed in Article 14.2.2. Where the application involves a Preliminary Subdivision Plat, twenty -six (26) copies of the Plat prepared in accordance with Section V of the Orange County Subdivision Regulations shall be provided. b) Elevations of all proposed structures to be used in the development. c) For Class A Special Uses twenty -six (26) copies and for Class B Special Uses ten (10) copies of the Environmental Assessment and/or Environmental Impact Statement, if required by the Orange County Environmental Impact Ordinance. d) A letter from the Orange County Environment and Resource Conservation Department indicating that no significant sites have been found on the subject property in accordance with the Cultural and Archaeological Survey Report, if required by the Orange County Cultural and Archaeological Survey Ordinance. de) A fee, as set by the Orange County Board of Commissioners. Ordinance to Public Hearing November 20, 2006 Section 2: This ordinance shall be placed in the file of published ordinances. Section 3: This ordinance shall be effective upon its adoption. NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County" be adopted. 0 Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this the day of , 2007. I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 200_ as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2007. Clerk to the Board of Commissioners SEAL Draft Ordinance Presented at Public Hearing November 20, 2006 Cultural and Archaeological Survey Ordinance WHEREAS, both the Federal and the North Carolina State Governments have passed numerous laws, regulations, guidelines and policies, as set forth below, to encourage the identification, evaluation, protection and management of Cultural and Archaeological resources: • The National Historic Preservation Act of 1966, • The Archeological and Historic Preservation Act; • The Archaeological Resources Protection Act of 1979; • The Native American Graves Protection and Repatriation Act; • 36 CFR Part 800 (Protection of Historic Properties); • 36 CFR Part 60 (National Register of Historic Places); • North Carolina Archaeological Resources Protection Act (G.S. 70, article 2), • The Unmarked Human Burial and Human Skeletal Remains Protection Act (G.S. 70, article 3), • The North Carolina Archaeological Record Program (G.S. 70, article 4), • The "Abandoned Shipwreck Law" (G.S. 121, article 3),, • Cemetery Protection (G.S. 14, G.S. 65). WHEREAS, in the spirit of stewardship, it is the policy of the Orange County Board of Commissioners to preserve cultural and archaeological resources, to the fullest extent possible, for the inspiration and benefit of present and future generations; and WHEREAS, the North Carolina State Historic Preservation Office and the North Carolina Archaeological Society provide invaluable assistance in research, interpretation and maintenance of an inventory of cultural and archaeological sites; WHEREAS, the Orange County Board of Commissioner's interest is to provide a mechanism to protect valuable resources within Orange County as an integral part of preserving the cultural and archaeological resources of the State of North Carolina and of the United States of America; WHEREAS, Orange County has adopted a policy that requires public, Orange County projects to assess development sites in order to determine if cultural or archaeological remains are present within the boundaries of the project; WHEREAS, there is neither an adopted policy nor an ordinance that requires private entities and public entities other than Orange County to assess development sites in order to determine if cultural or archaeological remains are present within the boundaries of the project; Draft Ordinance Presented at Public Hearing 6 November 20, 2006 WHEREAS, this ordinance is intended to promote co- operation between private sector and public sector entities and to encourage collaborative work in order to protect valuable cultural and archaeological resources within Orange County; NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Orange County, North Carolina: SECTION l: PURPOSE The Orange County Board of Commissioners adopts this ordinance, establishing a County policy, in order to encourage the documentation of potential archaeological sites within proposed development projects before they are compromised or destroyed and thereby eliminate a part of Orange County's heritage. This ordinance shall stand alone in certain situations, as set forth in SECTION 2 and that, this ordinance will also become an integral part of, and shall provide support for, the Orange County Environmental Impact Ordinance, in full force and effect, after its adoption on September 4, 1990. SECTION 2: APPLICABILITY The following projects are exempt from the provisions of this ordinance, and no Cultural and Archaeological Survey is required: • Bonafide farming operations; • Routine grounds maintenance and landscaping; • Single- and two - family dwellings and permits associated therewith; • Projects other single- and two- family dwellings involving less than ten (10) acres; • Single - family residential subdivision development, excluding Planned Developments, Special Use Permits, Class A and those projects involving lands identified as High or Medium potential on the `Archaeological Remains Potential' map located in Section 2.2 `Natural and Cultural Resources' of the Land Use Element; • Projects requiring Special Use Permits, Class B, excluding transmission lines and those projects involving lands identified as High or Medium potential on the `Archaeological Remains Potential' map located in Section 2.2 `Natural and Cultural Resources' of the Land Use Element; • Any project located outside of the Orange County Planning Jurisdiction, including areas identified as Transition Areas of the Joint Planning Agreement and Area Map and subject to development regulations of any municipality within Orange County. Draft Ordinance Presented at Public Hearing 7 November 20, 2006 SECTION 3: DEFINITIONS Phase I 'A survey in which qualified professionals evaluate the potential for properties .to contain significant cultural resources and to report such findings to the North Carolina Department of Cultural Resources (Office of State Archaeology) and Orange County Environment and Resource Conservation Department (ERCD). Phase II - -- An intensive archaeological study of identified sites to evaluate their potential eligibility for inclusion into the National Register of Historic Places, or to offer some other mechanism designed to protect sites without further evaluation such as conservation easements or alternative design planning. SECTION 4: REQUIREMENTS FOR PHASE I EVALUATION The following research methodology shall be followed for a Phase I evaluation: • Reconnaissance survey (aka surface survey) of the entire tract proposed for development that identifies the existence of any prehistoric or historic archaeological resources, •'' Preliminary background research on pertinent data to the general area; • Subsurface testing of sites that may have significance and potential for protection; • Analysis of recovered materials and data, and • Interpretive Cultural and Archaeological Survey Report (`Report') stating the results of research and testing including whether a Phase II analysis is recommended.. The Report shall contain professional recommendations regarding the disposition and any suggested future conservation requirements of any cultural resources identified on the property, which may include no further conservation efforts based on a lack of sites or poor preservation prospects. SECTION 5: REQUIREMENTS OF PHASE II EVALUATION The Phase II shall consist of the accumulation of data and other essential information that shall be provided to the North Carolina Department of Cultural Resources (Office of State Archaeology) in order to have the site placed into a protected classification. Said data and information shall be filed directly with the Office of State Archaeology with notice of said filing given to the Orange County ERCD. SECTION 6: ERCD FINDINGS REPORT TO APPLICANT The Orange County ERCD shall receive the Cultural and Archaeological Survey Report from the qualified professional. If the Report indicates that no significant sites were discovered during the PHASE I evaluation, a letter to that effect shall be sent to the originator of the survey. A copy of the ERCD letter shall be filed with any development Draft Ordinance Presented at Public Hearing 8 November 20, 2006 application submitted to the Planning and Inspections Department. If the Report indicates that cultural and archaeological artifacts are present then ERCD shall pursue their normal preservation and protection strategies. North Carolina Department of Cultural Resources Office of State Archaeology Stephen R Ctaggett, State Archaeologist Michael F. Easley, Governor Division of Historical Resources Lisbeth C. Evans, Secretary David Brook, Director TO: David Stancil, Director County of Orange Environment and Resource Conservation Department FROM: Stephen R. Claggett State Archaeologist DATE: October 3, 2006 SUBJECT: Archaeological Site Information To follow up on inquiries concerning our policy on the disclosure of archaeological site locations, I would like to offer the following comments. One of the mandates of the Office of State Archaeology is to provide for the preservation and protection of the archaeological resources of North Carolina. There are several ways to implement this mandate that involve both the restriction of site location information and the distribution of that information. Under the provisions of North Carolina General Statutes Chapter 70 -18, information regarding the location of archaeological resources may be made available only if such disclosure would not create a risk of harm to the archaeological resource or to the site at which it is located. Artifact collecting, vandalism and looting are perennial problems at a number of archaeological sites in the state and it has been our policy to restrict archaeological site location information from the general public. While the majority of citizens would not knowingly cause damage or destruction to archaeological resources, we do not have the staff or other resources to discern individual motivations or to monitor even a significant percentage of the over 35,000 recorded archaeological sites in North Carolina. As a consequence, we feel it is prudent to err on the side of overprotection of these finite resources. On the other hand, many of the state's citizens are interested in the protection and preservation of the cultural heritage of our communities, including the archaeological resources. Such interest in I Central Office OSA Research Center Underwater Archaeology Branch Queen Anne's Revenge Proiect Western Office 4619 Mail Service Center 4612 Mail Service Center Post Office Box 58 3431 Arendell Street Archives and History Raleigh NC 27699 -4619 Raleigh NC 27699-4612 Kure Beach NC 28449 Morehead City NC 28557 1 Village Lane Suite 3 919/733 -7342; fax 9i9/715 -2671 919/715 -5599; fax 919/715 -1386 910/458 -9042; fax 910/45 84093 252/726- 6841x155; fax 252/726 -2426 Asheville NC 28803 -2677 Location: 421 N. Blount Street Location: 215 W. Lane Street Location: 1608 Fort Fisher Blvd. 8281274 -6789; fax 828/274 - Raleigh NC Raleigh NC Kure Beach NC 6995 David Stancil October 3, 2006 Page Two manifested in the municipal and county ordinances and policies implemented by planning and conservation departments, suchas yours. In order to assist in the preservation of these resources, it is usually necessary that you know the nature and location of the archaeological sites. It has been our policy to share this information with agencies and departments on a need -to -know basis, with the stipulation that site locations are not made a part of the public record. Even well - meaning citizens have caused damage to sites in the name of preservation. Disclosure of archaeological resource and site information in these instances is believed to be an aid to preservation and protection and to outweigh the risk of harm. Professional archaeologists are given access to our files and site information to be used to develop cultural contexts and to aid in their interpretations of the results of their research. Other qualified researchers and students are given access to the same information on a case -by -case basis. Archaeological survey reports are not usually published or widely circulated due to the risk of harm. As a means of distributing archaeological information to the public, separate public reports are written, exhibits are developed and lectures are presented outlining the results of large archaeological projects. Our office is currently sponsoring a public lecture series on the historic archaeology of North Carolina. Archaeological site files and reports are submitted to us usually in paper format. The site information is entered into an ACCESS database. Site forms and reports of the surveys, testing and excavations. are microfilmed and a copy is placed in the fireproof vault of the State Archives. Given changing technologies electronic formats have not been seen as a long -term archival solution to preservation of the archaeological information. I hope this information is helpful in understanding our policies regarding the confidentiality of archaeological site locations. I will be glad to discuss this with you flu they at your convenience. cc: Tina Moon Dolores Hall