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Home My WebLink AboutAgenda 02-06-24; 12-5 - Information Item - Memorandum - Water Supply Watershed and Stormwater Concerns Related to the Proposed Orange County WASMPBA Amendment 1 ORANGE COUNTY UH CAROLINA MEMORANDUM TO: Board of County Commissioners Bonnie Hammersley, Orange County Manager Travis Myren, Orange County Deputy Manager FROM: Cy Stober, AICP, Planning & Inspections Director CC: Perdita Holtz, AICP, Deputy Director, Long-Range Planning & Administration DATE: January 19, 2024 SUBJECT: Water Supply Watershed and Stormwater Concerns Related to the Proposed Orange County Water And Sewer Management, Planning, and Boundary Agreement (WASMPBA) Amendment ATTACHMENTS: 1. Water Supply Watershed Map of the Proposed Amendment Area 2. Detail of Affected Properties within Both the Proposed Amendment Area and the University Lake Protected Watershed At its November 15, 2023, meeting the Town of Chapel Hill Council voted to adopt a resolution to amend the Water And Sewer Management, Planning, and Boundary Agreement (WASMPBA) to allow for Orange Water And Sewer Authority (OWASA) utilities along the US 15-501 corridor to the Chatham County boundary (Attachment 1). Per the WASMPBA, all other signatories need to vote on a resolution whether or not to allow for the amendment. The Town of Carrboro considered the matter as a report at their January 9 meeting and are scheduling a vote on the resolution for their February 7 meeting. At the public meetings held as part of informing the public of the proposed amendment and the Chapel Hill meeting where the council voted, the public shared the observation that the Town's water supply watershed (WSW) maps do not match those of the State of North Carolina. The relevant watersheds for this area are the Jordan Lake protected watershed and the University Lake protected watershed. WSW regulations are State laws that are locally enforced and should be, minimally, the delineated watersheds identified by the NC Department of Water Resources (DWR). Orange County has identified the same watershed geographies as the NC DWR for these water supplies and expects that the Town will comply with State laws that apply within the delineated areas. Most of the properties omitted from the Town's University Lake protected WSW maps are the twelve (12) properties east of Smith Level Road. There are four (4) properties east of US 15-501 that have very small areas within the University Lake protected is watershed that are unlikely to be affected by the University Lake watershed regulations. WSWs are classified numerically (using Roman numerals), with lower-numbered watersheds have greater regulation: University Lake is a WSW-ll and Jordan Lake is a WSW-V. NC DWR has established density, impervious cover, and stream buffer standards for water supply protections within the WSWs. The Town of Chapel Hill and Orange County both apply more stringent regulations than the State requirements to the University Lake watershed, but they do differ, with Orange County's being more restrictive for residential density and impervious surface allowances (see table below). 2 WASMPBA Amendment: • Development Regulations Orange County Chapel Hill University Lake: 1 DU/5 acres Max. Density Jordan Lake: 1 DU/acre 1 DU/acre (RLD-1 zoning). Small portion zoned Neighborhood (Residential) Does not include 25-50%Affordable Housing Density Bonus per UDO 6.18.3 Commercial(NC)near Starpointe. Zoning Districts Min. Lot Size Rural Buffer: 1-2 Acres (Residential) Rural Residential &Agricultural 1 acre (43,560 sq.ft.) Residential: 10-40,000 sq.ft. Max. Impervious University Lake: 6%,9%with SCMs Low Density option w/C&G: 2 DU/acre (Residential) Jordan Lake: 24% Low Density option w/No C&G: 3 DU/acre High density option w/SCMs: 50%of site University Lake: 12%, 50%for Fire Multifamily/Commercial Max. Impervious Stations and Solid Waste Facilities Low Density option w/C&G: 24%of site (Non-residential) Jordan Lake: 24%with SCMs Low Density option w/No C&G: 36% High density option w/SCMs : 70% Stormwater Threshold University Lake: 1/2 acre Jordan Lake: 1 acre for Multi-family All new and redevelopment (Non-residential) and Recreational uses Erosion Control Threshold University Lake: 10,000 sq.ft. University Lake: 10,000 sq.ft. (Residential and Non- Jordan Lake: 20,000 sq.ft. Jordan Lake: 20,000 sq.ft. residential) DU= "Dwelling Unit" SCM=Stormwater Control Measure (aka Best Management Practice(BMP)) C&G=Curb and Gutter The differences between the jurisdictions reflect, in part, the Town's status as a federally-regulated stormwater community in the US Environmental Protection Agency's National Pollutant Discharge Elimination System's Municipal Separate Storm Sewer System (MS4) program. This requires effective treatment of stormwater runoff that allows for more intensive development, as would be typical for a municipality served by urban services. It also reflects expected policy differences between the incorporated, densely-populated Town and the largely-rural Orange County, which does not offer urban services, namely water and sewer utility service. With properties generally being smaller and structures built closer together, the Town allows for larger relative development footprints (impervious surfaces) than the County, especially for multifamily and non-residential developments. The County, on the other hand, allows for single- and two-family residential development by-right without stormwater treatment, while the Town requires all new development to have stormwater treatment. Under State laws, overtreatment of stormwater to redress impacts from past unregulated development is not permitted, but it can be incentivized and encouraged, particularly through a conditional zoning process. 2 3 The North Carolina 2023 "Regulatory Reform Act" (RRA; NCSL23-137, ratified in October 2023) had two impacts on the development potential in WSWs. Both changes better enable higher-density residential redevelopment projects, including all developed properties in this area of consideration. Section 1 of the RRA introduces a somewhat complex change that allows for WSW density regulations to be eliminated when a non-residential property is redeveloped for residential purposes. This process presumes a publicly-noticed hearing to review either a rezoning or special use application, and does not affect height or parking regulations or stormwater regulations. RRA Section 2 clarifies that, for development that existed prior to the introduction of stormwater regulations around 2008, the existing stormwater runoff does not need to be treated in a redevelopment project. For example, if a property has a 10,000-square foot building on it, that 10,000-s.f. footprint cannot be required to be included in the stormwater treatment of a redevelopment project. Please contact Perdita Holtz, Deputy Director, at pholtz(a-)-orangecountync.gov or at(919)245-2578 with any questions on this topic. 3 4 Attachment 1 : Proposed WASM PBA Area - Water Supply Watersheds ..r '1 I- University. L6 e rtica, G �: Jor',den--a e— � Protected Y I .5 1, {,. 1 r/ University Lake, l __- -' i I — C,+ 0 # I � 444 ,g1 y }ry 7-1 t-�Jj�,�,�v ", �Egrf P opose(j New saw Afoa 1%AnnLml Gltance rpt I`loocitng Carrboro ETJ Cwange caunly Boundary Regulatory Fbcudway M Chapal HIII Cily Limils PI:>, 0_2%Annual Qhanceof Fioodrns Cna el HIII ETT ^In a9sa+er 11301313KED w Chapel H 711 Palrcals Streams Q, Hurltag9 HIIIS S,ul)dIMIslon o I,oCC Water Bodlea Unlvarsrly Lake Protecbad WaIGF Supply Watsrshad � 5 Attachment 2: Proposed WASM PBA Area - `'Water Supply Watersheds f�T � s Ui�CversItV" Lake _- Protected 1 -'` ,Jordan Lake { Protected P`arrahr Horilage HMIs Subdivision Slreems Uniy'en�q take Pmtec#ed V11arer SuppayWatershed Carrboro ETJ CM proposed Now se"jow Aro4 Chapel Hall ETJ r�b•mm3DI!inRXCUo OEPArn�n IHF:I tr'igYka�.4 5