HomeMy WebLinkAboutAgenda - 12-04-2000-9dORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 4, 2000
Action Agen a
Item No.
SUBJECT: Stream Buffer Zoning Ordinance Amendments
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) NO
ATTACHMENT(S):
Administration Ordinance w/Attachment
Post PH to Planning Board Ordinance
Draft Minutes November 2, 2000 Planning
Board
Public Hearing Ordinance
Draft Minutes of August 28"' Public Hearing
INFORMATION CONTACT:
Robert P. Davis, Planner III, Ext. 2580
Craig Benedict, ,Director, Ext. 2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
--Durham 688-7331
Mebane 336-227-2031
PURPOSE: To make a decision on the proposed Stream Buffer Amendments.
BACKGROUND:
Request
• Amend the Stream Buffer and related sections in the Zoning Ordinance
• Provides clearer and language to users to help calculate stream buffers consistently
• Adds new definition in Zoning Ordinance for Usable Lot Area
• Adds new definition in Zoning Ordinance for Federal Emergency Management Agency
• Sets minimum square footage of lots that must be unencumbered by stream buffers,
easements, water bodies, wildlife corridors, etc.
• Establishes minimum 50-foot (each side) stream buffers for perennial (blue line) and
intermittent (dashed blue line) streams outside of Watershed Protection Overlay Districts
• This zoning text amendment does not affect bona fide farming operations. N.C. General
Statute 153A-340 specifically exempts bona fide farms from zo^ nina regulations. Stream
buffers enforced through zoning ordinances will not apply to bona fide farms. As a contrast,
the Neuse River Basin rules are not enforced through zoning and therefore do apply to bona
fide farms.
Location
Amendments will apply to the entirety of Orange County lying outside the municipalities and
their extraterritorial jurisdictions, if any.
Develo ment Process Schedule and Action
• First Action: Public Hearing was held on August 28, 2000
• Question raised as to whether these regulations will apply to farm operations
• Bona fide farm exemption (N.C. General Statute 153A-340) applies as long as the
County regulates stream buffers under the zoning ordinance
• Referred amendment to the Planning Board for a recommendation back to the Board of
County Commissioners
• Second Action: Ordinance Review Committee on November 2, 2000 reviewed and
recommended unanimously.that the Planning Baard approve the stream buffers
amendment
Third Action: Planning Board on November 2, 2000 recommended approval of the prapased
amendments to County Commissioners
• Recommended a maximum 65-foot stream buffer in si#uations where the average slope
is 0.00 - 7.50% over a distance of 250 feet
• Recommended a maximum 80-foot stream buffer in situations where the average slope
is greater than 7.5% over a distance of 250 feet
• Recommended vesting procedure for three existing situations
• ~) Lots with existing building permits
• 2) , Septic system repair areas
• 3) Existing structures within the stream buffer
• Clarified that the new, revised FEMA maps will not vest structures or situations within
the new floodplain cross-sections
FINANCIAL IMPACT: There is no direct financial impact associated with this decision.
RECOMMENDATION(S):
Administration Recommendation: Approval of the Administration Ordinance.
Planning Board Recommendation: Approval of the Post Public Hearing to Planning Board
Ordinance with changes as reflected above.
Administration Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
Bold =Proposed Text
Deleted Text
Section 1: Amend Article 22 DEFINITIONS by creating two new definitions as
follows:
Federal Emergency Management Agency (FEMA) -- An
independent agency of the federal government.
Lot, Usable -The portion of a zoning lot unencumbered by stream
buffers, conservation easements, drainage easements, public and
private rights-of-way, access easements, and utility easements. Lot,
Usable also excludes all areas within lots having slopes greater than
20%, all bodies of water including, but not limited to, ponds, lakes
and reservoirs as well as the area within wildlife corridors as defined
in the Land Use Element of the Orange County Comprehensive Plan.
For calculation of Lot, Usable the maximum width of a wildlife
corridor is 150 feet or the width of the stream buffer, whichever is
greater.
Section 2: Amend Section 6.23.7a and Article 22 DEFINITIONS of Stream Buffer to
clarify that the stream buffer is not to be included within the floodplain.
Stream Buffer -- a stream buffer is an area of land adjacent to perennial
and intermittent streams or FEMA identified floodplains, whichever is
greater, which, except as permitted in Article 6.23:7 of this Ordinance,
must remain undisturbed in its natural state. Perennial streams are shown
as solid blue lines and intermittent streams as broken lines on the USGS
Quadrangle maps. The stream buffer shall extend around the
perimeter of all water bodies including ponds, lakes and reservoirs.
Section 3: (page 6-41 -Zoning Ordinance) 6.23.7d. Calculating the Width of Stream
Buffer
Those streams identified by FEMA as having floodplains shall have
stream buffers calculated from the outside edges of the floodplain.
1) How to Calculate Slope (See illustration attached)
3
a. Draw a-lifle 250' length perpendicular *^ ~"° °~~^^m lines, at 200- foot
horizontal intervals along the entire length of the outside edges-of- - - -
the stream, , or the outer edge of the FEMA floodplain,
whichever is greater.
b. Determine the elevation at either the stream bank itself (1) or the outer
edge of the FEMA floodplain, whichever is highest, and at the point
r:•r,.ho,.rim..,.,.~*~nnn.,wir.ro.,.~.u..c~ ..n_,~:......,.,.~..a.........._,....__ ~,_.,:_____•
Administration Ordinance
250' from the stream or FEMA floodplain, whichever is applicable,
along the perpendicular line (2).
c. Subtract (1) from (2).
d. Divide c. by 250.
e. Multiply d. by 100.
f. Perform this calculation for both sides of the stream or floodplain.
(See Attachment A for example of how the calculations shall be
performed)
Hereafter, the number derived in e. will be referred to as "slope value".
2) Method A -Stream Buffer Based on Slope, and Graundcover
The width of the buffer shall be a minimum of fifty (50) feet from each
edge of the floodplain. ~~s tk~e-s'~a~Ql*~~ ~' " In addition
to the fifty (50) foot buffer, an additional 15 feet shall be added to the
50-foot buffer (65 feet total) where the slope value is less than 7.5%,
as measured 250 feet from the edge of the floodplain. For slope
values 7.5% and greater, as measured 25Q feet from the edge of the
floodplain, an additional 30 feet shall be added to the 50~foot buffer
(80 feet total). These calculations shall be made from each side of
either the stream bank or floodplain, whichever is greater.
Section 4: Amend Detailed Table of Contents Section 6.24 to read as follows:
Stream Buffers Outside of Watershed Protection Overlay Districts
Section 5. Amend new Section 6.24 to include a minimum stream buffer for areas
outside of Orange County Watershed Protection Overlay ,Districts to read
as follows:
In areas not identified on the OfFcial Zoning Attas as Watershed
Protection Overlay Districts, a stream buffer a minimum of 50 feet in
width shall be established along both sides of perennial streams and
intermittent streams, or along the FEMA identified floodplains,
whichever is greater. Perennial streams are #hose streams shown as
solid blue lines, and intermittent streams are those streams shown
as broken blue lines on the USGS Quadrangle maps for Orange
County.
Section 6: Amend Detailed Table of Contents Section 6.25 to read as follows:
- _ _ _ Minimum Usable Lot Area for Lots that Utilize Ground Absorption
_.
Wastewater Systems
4
Administration Ordinance
Section 7: Amend the new erection 6.25 to set minimum usable lot area when Ground
Absorption Wastewater Systems are used to read as follows:
The usable lot for parcels between 40,000 square feet and
1.99 acres in size shall be a minimum of 30,000 square feet. Zoning
lots two acres and greater shall have a minimum usable lot area of at
least 40,000 square feet.
Section 8: For purposes of this of this ordinance the following stream buffer
situations shall be vested:
1) Structures with valid building permits;
2) Septic system repair areas;
3) Existing structures within the stream buffer as of the adopted
date of this amendment.
(Signature)
Clerk, Board of County Commissioners
Date and Seal
(Signature)
Chair, grange County Commissioners
r_•.,.t,o..«/..........F7AAA«w /C,~,......D..CF .ri..a:....~....I w J~ __......_.. __ ~_~ ~_ _._ _ _ ~
A CALCULATION B CALCULATION
a. 250' LINE
b. 130' FLOODPLAI N
c. 140 -130 =10
d. 10/250 = 0.04
e. 0.04 X 100 = 4 % SLOPE VALUE
SLOPE VALUE LESS THAN 7.5% _
STREAM BUFFER = 50' + 15' = 65' TOTAL
(TO BE ADDED TO EXISTING FLOODPLAI N)
a. 250' LINE
b. 130' FLOODPLAIN
c. 150 -130 = 20
d. 20/250 = O.OS
e. 0.08 x 100 = 8 % SLOPE VALUE
SLOPE VALUE GREATER THAI 7.5 % _
STREAM BUFFER = 50' + 30' = 80' TOTAL
(TO BE ADDED TO EXISTING FLOODPLAI ~
~at~b ~~~~we ATTACHMENT A
y y
Orar-ge c,~nty ~-~,n;~
Post PH to Planning Board Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
Bold ~ Proposed Text
Deleted Text
Section 1: Amend Article 22 DEFINITIONS by creating two new definitions as
follows:
Federal Emergency Management Agency (FEMA) - An
independent agency of the federal government
Lot, Usable -The portion of a zoning lot unencumbered by stream
buffers, conservation easements, drainage easements, public and
private rights-of-way, access easements, utility easements. This
definition also includes all areas within lots having slopes greater
than 20% and all areas within wildlife corridors, ponds and lakes.
Section 2: Amend Section 6.23.7a and Article 22 DEFINITIONS of Stream Buffer to
clarify that the stream buffer is not to be included within the floodplain.
Stream Buffer- a stream buffer is an area of land adjacent to perennial
and intermittent streams, or FEMA identified floodplains, which, except
as permitted in Article 6.23.7 of this Ordinance, must remain undisturbed
in its natural state. Perennial streams are shown as solid blue lines and
intermittent streams as broken lines on the USGS Quadrangle maps.
Section 3: (page 6~1 -Zoning Ordinance) 6.23.7d. Calculating the Width of Stream
Buffer
Those streams identified by the Federal Emergency Management Agency
(FEMA) maps to have floodplains shall have stream buffers calculated from
the outside edges of the floodplain.
1) How to Calculate Slope
a. Draw a-~e 250' length perpendicular *° }"° °*~a.,w, lines, at 200- foot
horizontal intervals along the entire length of the outside edges of
the stream, ~~"° °*~°~~, or the outer edge of the FEMA floodplain,
whichever is greater.
b. Determine the elevation at either the stream bank itself (1) or the outer
edge of the FEMA floodplain, whichever is highest, and at the point
250' from the stream or FEMA floodplain, whichever is applicable,
along the perpendicular line (2).
c. Subtract (1) from (2).
d. Divide c. by 250.
e. Multiply d. by 100.
f. Perform this calculation for both sides of the stream or floodplain.
Post PH to Planning Board Ordinance
Hereafter, the number derived in e. will be referred to as "slope value".
2) Method A_-Stream BufFer,Based on Slope and Groundcover
The width of the buffer shall be a minimum of fifty (50) feet from each
edge of the floodplain. , In addition
to the fifty (50) feet buffer, an additional 30 feet shall be added to the
50 feet buffer where the slope value is less than 7.5%, as measured
250 feet from the edge of the floodplain. For slope values 7.5% and
greater, as measured 250 feet from the edge of the floodplain, an
addttiona150 feet shall be added to the 50 feet buffer (100 feet total).
These calculations shall be made from each side of the stream bank
or floodplain.
Section 4: Amend Detailed. Table of Contents Section 6.24 to read as follows:
Stream Buffers Outside of Watershed Protection Overlay Districts
Section 5: Amend new Section 6.24 to include a minimum stream buffer for areas
outside of Orange County Watershed Protection Overlay Districts to read
as follows:
In areas not identified on the Official Zoning Atlas as Watershed
Protection Overlay Districts, a stream buffer a minimum of 50 feet in
width shall be established along both sides of perennial streams and
intermittent streams, or along the FEMA identified ffoodplains,
whichever is greater. Perennial streams are those streams shown as
solid blue lines, and intermittent streams are those streams shown
as broken blue lines on the USGS Quadrangle maps for Orange
County. .
Section 6: Amend Detailed Table of Contents Section 6.25 to read as follows:
Minimum Usable Lot Area for Lots that Utilize Ground Absorption
Wastewater Systems
Section 7: Amend the new Section 6.25 to set minimum usable lot area when Ground
Absorption Wastewater Systems are used to read as follows:
The usable tot for parcels between 40,000 square feet and
1.99 acres in size shall be a minimum of 30,000 square feet. Zoning
lots two acres and greater shall have a minimum usable lot area of at
leas# 40,000 square feet
Section 8: This ordinance shall be effective upon its adoption.
Post PH to Planning Board Ordinance
(Signature) (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
9
Date and Seal
1Q
1
2
3
4
5
6
7
8
9
10
11'
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
4S
46
47
48
49
SO
51
52
53
DRAFT
MINUTES
ORANGE COUNTY PLANNING BOARD
,NOVEMBER 2, 2000
MEMBERS PRESENT: Leo Allison (Chair), Cranford Goodwin, Karen Barrows, Howard
McAdams, Nicole Gooding-Ray, Runyon Woods, Rachel Preston, Bob
Strayhorn, Barry Katz
MEMBERS ABSENT: James Selkirk (out of town -excused) and Lynn Holtkamp (unexcused)
STAFF PRESENT: Planning Director Craig Benedict, Carla Bateman, Joanna Bradshaw,
Eddie Kirk, Gene Bell, Robert Davis
AGENDA ITEM #1: CALL TO ORDER AND ROLL CALL
Chair Allison called the meeting to order.
AGENDA ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA
None
AGENDA ITEM #3: APPROVAL OF MINUTES -October 4, 2000
MOTION: Katz moved approval of the minutes from October 4, 2000 of the Orange
County Planning Board. Seconded by Gooding-Ray.
VOTE: Unanimous
AGENDA ITEM #4: COMMISSIONERS' MEETINGS ACTION REPORTS
(September S, 2000 and September 19, 2000)
AGENDA ITEM #5: PUBLIC CHARGE
Chair Allison read the public charge.
AGENDA ITEM #6: CHAIR COMMENTS
None
AGENDA ITEM #7: COMNII'TTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment - no meeting
b. Agricultural Preservation Board - Strayhorn reported that five new
members had been added to the board.
c. Ordinance Review -Chair Allison reported that they discussed --~-------...-_
stream buffers and this would be dealt with later in the agenda.
d. Report on Comprehensive Plan Update - no report -.
AGENDA ITEM #8: SUBDIVISIONS
a. Concept Plans __
1) Whisper Ridge
(Cheeks Township 15 Lots Coteservation/Cluster
17 Lots Conventional)
11
1 AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING (AUGUST 28, 2000)
2
3 a. Zoning Ordinance Amendments
4 (1) Proposed Stream Buffer Amendments
5
6 Davis made the presentation. He said that this item was referred back to the Planning Board at the public
7 hearing for a recommendation. It was brought to the Ordinance Review Committee to make a
8 recommendation to the Planning Boazd.
9
10 The ordinance restricts the amount of unencumbered lot space on lots. In other words, there would have
11 to be a minimum lot size that could be built on for a particulaz lot. For any lot between 40,000 squaze feet
12 and 1.99 acres, there would have to be a usable area of 30,000 square feet. For any lot that is two acres
13 and greater in size, there would have to be a usable area of 40,000 square feet. The definition of a usable
14 lot area is the portion of a lot unencumbered by stream buffer, conservation easements, drainage
15 easements, public or private rights-of--way, access easements, and utility easements. It also includes the
16 portion of a lot unencumbered by slopes greater than 20 percent and wildlife corridors, ponds, lakes, and
17 other bodies of water. The stream buffer has also been clarified to be from the edge of the floodplain.
18
19 On page S8, under "Method A -Stream Buffer Based on Slope and Groundcover" the Ordinance Review
20 Committee recommended same changes. The width of the buffer shall be "a minimum of SO feet. For
21 slope values less than 7.5 percent, the Ordinance Review Committee recommended that only an
22 additional 1 S feet should be added to the 50-foot buffer. For slope values 7.5 percent and greater, the
23 Ordinance Review Committee recommended that only an additiona130 feet should be added to the 50-
24 foot buffer.
25
26 Regazding Section 8, which reads, "This ordinance shall be effective upon its adoption," the Ordinance
27 Review Committee recommended that lots with building permits would be vested, septic system repair
28 areas would be vested, and any existing structures that are in the buffers would be vested.
29
30 Benedict said that if a FEMA floodplain is modified by the federal government, a rebuilding probably
31 would not be allowed.
32
33 Davis said that the Ordinance Review Committee agreed unanimously to recommend the ordinance
34 amendments to the Planning Board.
3S
36 There was a question about the last sentence of the definition of "lot, usable", and it was changed to say,
37 "Usable lot also excludes all azeas within lots having slopes greater than 20% and all areas within wildlife
38 corridors, ponds, and lakes."
39
40 Barrows asked about the definition of a wildlife corridor. Davis said that it should have been included in
41 the document to say, "a5 designated in the Land Use Element of the Comprehensive Flan."
42
43 McAdams asked if all of the people that would be affected by the ordinance amendment were notified of
_____- .- . _ .44- _ _the change and Davis said that they were not notified individually, but through the legal advertisement.
45 The main issue has to do with new lots that aze encumbered and not usable.
46
_ __ _ _ - 47 Woods asked about farming activities in the floodplain and said that they should be exempt. Bazrows
48 disagrees because of passible pesticides being used near the water.
49
50 Davis said that bona fide farms were exempt from zoning ordinances according to state rules.
51
52 Strayhorn would like it stated in the document that farms would be exempt.
53
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2S
26
27
28
29
30'
31
32
33
34
35.
36
37
38
39
40
41
42'
43
44
45
46
Gooding-Ray is opposed to exempting all farms because of the pesticides in the water,
It was decided that the document would remain silent about the exemption of farms.
Goodwin is concerned about the wildlife corridor and that 330 feet on either side of the major waterways
is not usable.
Woods said that he supports a minimum usable lot size, but he thinks it is a bad idea to not count 330 feet
on either side of the major waterways.
Barrows said that people should be notified enough to came to a public hearing if they are going to be
affected. Davis said that for text amendments, people are not notified.
Benedict said that the wildlife corridors could lie similar in width to the stream buffers.
The board agreed that along streams the wildlife corridor would be the same width as the stream buffer.
In areas where the wildlife corridor is not along a stream, it will be reduced to a total of 150 feet.
MOTION: Katz moved approval of the proposed Post Public Hearing to Planning
Board Ordinance as given in the Stream Buffer Zoning Ordinance
Amendments as revised above. Seconded by Woods.
VOTE: Unanimous
AGENDA ITEM #10: INFORMATIONAL ITEMS
a. Planning Calendar -November
b. Next Planning l3aard Meeting -November 16; 2000 @ 6:00 p.m.
Chair Allison reminded the board that he would not be at the public hearing on November 27, 2000.
McAdams will be sitting in for him.
Benedict indicated what would be on the quarterly public hearing -American Stone Company quarry
zoning and special use permit, school impact fee ordinance (Orange County system only), School
Adequate Fublic Facilities Ordinance, and subdivisions ofnon-residential land. The items on the
Economic Development District moratorium and the Pathways Preserve were taken off the agenda by the
Commissioners.
AGENDA ITEM #11: - ADJOURNMENT
With no further items to discuss, the meeting was adjourned at 10:15 p.m.
Leo Allison, Chair
Becky Sutler, Minutes Preparer
1~
Public Hearing Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
Section 1: Amend Article 22 DEFINITIONS by creating a new definition as follows:
Lot, Usable --The portion of a zoning lot unencumbered by stream
buffers, conservation easements, drainage easements, public and
private rights-of-way, access easements, utility easements. This
definition also includes areas in lots affected by steep slopes, (i.e.
greater than 15%), wildlife corridors, ponds, lakes and streams.
Section 2: Amend Section 6.23.7a and Article 22 DEFINITIONS of Stream Buffer to
clarify that the stream buffer is not to be included within the floodplain.
Stream Buffer _ a stream buffer is an area of land adjacent to perennial
and intermittent streams, or identified floodplains, which, except as
permitted in Arkicle 6.23.7 of this Ordinance, must remain undisturbed in
its natural state. Perennial streams are shown as solid blue lines and
intermittent streams as broken lines on the USGS Quadrangle maps.
Section 3: (page 6-41 -Zoning Ordinance) 6.23.7d. Calculatin the Width of Stream
Buffer
d. Calculating Width of Stream Buffer
Those streams identified by the Federal Emergency Management Agency
(FEMA) maps to have floodplains shall have stream buffers calculated from
the outside edges of the floodplain.
1) How to Calculate Slope
a. Draw a-liAe 250' length perpendicular lines, at 100- foot horizontal
intervals along the entire length of the outside edges of the stream,
*~ °`~~,, or the outer edge of the FEMA floodplain, whichever is
greater.
b. Determine the elevation at either the stream itself (1) or the outer edge
of the FEMA floodplain, whichever is highest, and at the point 250'
from the stream or FEMA floodplain, whichever is applicable, along the
perpendicular line (2).
c. Subtract (1) from (2).
d. Divide c. by 250.
e. Multiply d. by 100.
f. Perform this calculation for both sides of the stream or floodplain.
Hereafter, the number derived in e. will be referred to as "slope value".
Public Hearing Ordinance
Section 4: Amend Detailed Table of Contents Section 6.24 to read as follows:
Stream Buffers Outside of Watershed Protection Overlay Districts
Section 5: Amend new Section 6.24 to include a minimum stream buffer for areas
outside of Orange County Watershed Protection Overlay Districts to read
as follows:
In areas not identifi®d on the Official Zoning Atlas as Watershed
Protection Overlay Districts, a stream buffer a minimum of 30 feet in
width shall be established along both sides of perennial streams and
intermittent streams, or along the FEMA identified floodplains,
whichever is greater. Perennial streams are those streams shown as
solid blue lines, and intermittent streams are those streams shown
as broken blue lines on the USGS Quadrangle maps for Orange
County.
Section 5: Amend Detailed Table of Contents Section 6.25 to read as follows:
Minimum Usable Lot Area for Lots on Ground Absorption
Wastewater Systems
Section 7: Amend the new Section 5.25 to set minimum usable lot area when Ground
Absorption Wastewater Systems are used to read as follows:
The usable lot for parcels between 40,000 square feet and
1.99 acres in size shall be either 30,000 square feet or 40°~ of the
total zoning lot, whichever is greater. Zoning lots two acres and
greater shall have a minimum usable lot area of at least 40,000
square feet.
Section 8: This ordinance shall be effective upon its adoption.
(Signature)
Clerk, Board of County Commissioners
(Signature)
Chair, Orange County Commissioners
14
Date and Seal
15
1 MINUTES
2 ORANGE COUNTY BOARD OF COMMISSIONERS
3 AND
4 ORANGE COUNTY PLANNING BOARD
$ August.28, 2000
6
7 The Orange County Board of Commissioners and the Orange County Planning Board met on Monday,
$ August 28, 2000 at 7:30 p.m. in the Judge Gordon F. Battle Courtroom in Hillsborough, North Carolina.
9
10 COUNTY COMMISSIONERS PRESENT: Vice-Chair Stephen H. Halkiotis and Commissioners
11 Margaret W. Brown, Alice M. Gordon, and Barry Jacobs
12 COUNTY COMMISSIONER ABSENT: Chair Moses Carey, Jr.
13 PLANNING BOARD MEMBERS PRESENT: Leo Allison, Chair and members Runyon Woods, Bob
14 Strayhom, Crauford Goodwin, Karen Barrows, Howard McAdams, Barry Katz, and Rachel Preston
15 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
16 COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Planning Director Craig Benedict
17 and Clerk to the Board Beverly A. Blythe (all other staff members will be identified appropriately below)
18
19 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
20 AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE
21 KEPT FOR 5 YEARS.
22
23 A. OPENING REMARKS FROM THE VICE-CHAIR
24 He announced that Chair Carey was out of town and that he, Commissioner Halkiotis, would
25 be chairing this meeting along with Leo Allison, Chair of the Orange County Planning Board. The
26 Board of Commissioners agreed to address item C5 first -Shaping Orange County's Future
27 Report.
28
29 B. PUBLIC CHARGE
3o Commissioner Halkiotis read the public charge.
31
32 NOTE: Planning Board Chair Leo Allison chaired items C1 and 4
33 Commissioners' Vice-Chair Stephen Halkiotis chaired items 2, 3, and 5
34
3s C. PUBLIC HEARING ITEMS
36 1. O_ ranee Coun Zonins~ Ordinance Text Amendments
37 a. Article 22 Definitions for Lot, Usable
38 b. Article 22 Definitions of Stream Buffer
39 c. Section 6.23.7 Stream Buffers
40 ~ d. Detailed Table of Contents
41 e. Section 6.24 Stream Buffers Outside of Watershed Protection Overlay
42 ~IStrICtS
43 f. Section 6.25 Usable lot areas when using Ground Absorption Septic Systems
44
45 Planner Robert Davis summarized this item. He said that these text amendments were
46 coming forward to clean up a section of the ordinance for better interpretation and to consistently
47 interpret what the stream buffer section means. He said that right now there was not a stream
4s buffer requirement unless the land was in a watershed. He explained a map showing the stream
49 buffers and the edge of the flood plain. On the calculation of the width, the ordinance indicates that
so only a perpendicular line across the stream should be drawn, but it does not say how many times
51 this should be done along the stream. He said that the minimum feet that the staff is
52 recommending is 100 feet along the horizontal area. Also, the definition of a Usable Lot has been
53 clarified as, "the portion of a zoning lot unencumbered by stream buffers, conservation easements,
S4 drainage easements, public and private right-of--ways, access easements, and utility easements."
55 The definition also includes areas affected by steep slopes, which are slopes greater than 15%,
s6 wildlife corridors, ponds, lakes, and streams. This item will be going back to the Planning Board
z
1 with a recommendation back to the Commissioners no earlier than October 3`~. The Ordinance
2 Review Committee will also review these amendments.
3 Commissioner Gordon made reference to the statement on page four, Section 7,
4 "Usable lots for parcels between 40,000 square feet and 1.99 acres in size shall be either 30,000
5 square feet or 40% of the total zoning lot, whichever is greater. Zoning lots two acres and greater
6 shall have a minimum usable lot area of at least 40,000 square feet." She asked if some kind of
7 usable lot area could be settled on and required for everybody instead of stepping it up. Robert
8 Davis said that the 40% was added because there was quite a gap between 40,000 and two acres.
9 Commissioner Gordon said that her point was that the amount of square footage should
1o be justified. Her question is why more should be added to the justified amount.
11 Craig Benedict said that 30,000 square feet was the definite minimum because it would
1z accommodate the house site, driveway, septic area, and repair area with a margin for some
13 accessary structures. With zoning lots of two. acres or more, the people who are going to have a
is two-acre lot would most likely have other accessory structures that would need additional usable
15 area. He agrees that the 40% is not critical on the smaller lot size.
16 Commissioner Jacobs suggested that it would nice to include an illustration on the
17 definition of a steep slope. He asked about Section one and the Usable Lot. He asked about
18 conservation easements. Craig Benedict said that they were definitely not trying to discourage
19 conservation, but that stream buffers or conservation easements should not be included in the
20 accomplishment of the minimum lot size.
z1 Rachel Preston asked if there was any verbiage on what a homeowner could do to
zz streams and vegetation. Craig Benedict said that it was handled by the Erosion Control and
23 Sedimentation Ordinance, which says that natural water courses are not supposed to be diverted.
24 There is encroachment to some degree but changing water courses is limited in the majority of
zs .cases- If there is any disturbance of this nature, there has to be some kind of mitigation.
26 Commissioner Brown asked if this establishes a 30-foot buffer and Craig Benedict said
27 that it did establish a 30-foot bufFer in areas that are not part of the protected watershed:
28 Bob Strayhorn and Runyon Woods of the Planning Board made comments, but
z9 they were not speaking into the microphone, so I could not hear them.
30 .
31 PUBLIC COMMENT
3z Mr. Joe Phelps said that he did not know that his subdivision request would cause so
33 much work and so many drastic changes in the rules and regulations of the Zoning Ordinance. He
34 feels that the changes in the rules and regulations are very, drastic. He feels that most of these
3s amendments are not necessary. He questioned why the County Commissioners would want to put
36 stream buffers an areas that are in the non-protected watershed. He supports affordable housing
37 and thinks that with these new rules on development, no one could afford to buy land in Orange
38 County. His main concern is what is being taken away from present landowners with regard to the
39 33% of required open space with no compensation. He said that these new regulations would
4o greatly reduce the number of people that would be coming into Orange County in the next 30
41 years.
a2 Scott Radway had some questions on what was meant by the proposals.
43 Section 1 -Usable Lot Area -steep stapes (i.e., greater than 15°k). He prefers a 25%
44 grade.
45 Wildlife Corridors - as identified by whom, when, where, and for what purpose
4d _ Section 2 -Stream Buffer -who identifies the floodplains
47 Minimum buffers that are not in protected watersheds -why 30 feet and not more
4s Section 6 -Minimum Usable Lot Areas -should say minimum usable lot area for lots
49 that utilize ground absorption
50 30,000 or 40,000 square feet lot -much easier to say 30,000 or 40,000 and not 40%
51
5z Bobby Nichols said that he has stream buffers on his land that he is concerned about.
53 He made reference to page three, section two, which says, "must remain undisturbed in its natural
54 state," and asked for a definition. Craig Benedict said that if someone owned land that was within
1fi
I~
4
5
6
7
to
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
z7
zs
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
the floodplain and wants to have any type of agricultural production or forestry, they are exempted
by the majority of state laws.
With no further public comment, Chair Allison closed the public hearing.
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
refer the proposed zoning text amendments to the Planning Board for a recommendation to be
returned to the Board of County Commissioners no sooner than October 3, 2000.
VOTE: UNANIMOUS
2. ORANGE COUNTY TELECOMMUNICATIONS TOWER APPROVAL
REQUIREMENTS AND PROCESS
Craig Benedict made a correction to the agenda abstract that this item was a public
hearing. The abstract indicated that it was not a public hearing.
Craig Benedict made this presentation. He said that it had been four years since the
inception of the telecommunication rules in Orange County. A lot of improvements have been
made since that time. He explained in detail the following issues and suggestions. A section of
definitions could be added that describes the different types of antennae arrays that can be an the
towers. He explained the possibility of putting towers on existing structures such as hotels, etc.
One of the suggestions is for the County to put together a master plan where the County has more
involvement in the placement of telecommunications towers. Another suggestion is allowing
telecommunication facilities to be in electrical transmission lines. Another suggestion is the
development of utility corridors across the County. There are minimum standards that can be
augmented within the County's code to promote more co-location and multi-use. At this time, the
standards far telecommunications towers is that anything 200 feet and above is a Class A Special
Use and it goes to both the Planning Board and County Commissioners. If it is 199 feet, it is a
Class B and just goes to the Board of Adjustment. The staff provided the County Commissioners
with a report over the last year, and all of the towers were Class B with a height of 195 feet and
above. He said that the County Commissioners could change the height at which the tower would
require a Class A Special Use Permit. He said that there were other counties and towns that were
putting together master telecommunication plans. The reaction to these plans has been favorable
so far. He said that the Commissioners did not have to make any decisions tonight.
Commissioner Gordon made reference to page 7, Telecommunications Facilities, and
asked Craig Benedict why the facilities would be permitted as an accessory use in parks and
recreation greater than 125 acres and in community facilities. Also, at the top of page 9, Section
C, it says "it shall not be permitted within 200 feet of any residential district or residential portion of
a PUD unless a property is designated as part of the special utility overlay district. She asked if
that could sometimes negate the placement in parks, recreation areas, and community facilities.
Craig Benedict said that, in regards to the parks and community #acilities, they were zoning
designations that may or may not be on the zoning map at this time. He said that there was
enough latitude in the regulations so that there were no conflicting provisions.
Commissioner Gordon said that community facility needed to be defined. Craig
Benedict said that in his previous experience, towers were located in parks where there were
lights. He said that towers could be incorporated in parks and could sometimes reduce the cost of
sports lighting poles.
Commissioner Jacobs suggested having a differential fee structure, which would
encourage people to do the things that the County prefers, such as co-location, Also, regarding
the issue of the height of the poles, he would like for the County Commissioners to review all of the
applications. He said that if the requests for towers were going to the Board of Adjustment, then
the County Attorney should be present at the meetings. Craig Benedict will do some research with
the present ordinance and look at the rationale for the height number, which causes the application
to go to the Board of Adjustment instead of to the County Commissioners. Commissioner Jacobs
made reference to the $4,000 application fee and asked if the County's legal representation was
included in that. Craig Benedict will take a look at the fee structure, County staff time, attorney
time, etc.
Commissioner Halkiotis made reference to co-location and said that it seemed like the