HomeMy WebLinkAboutAgenda - 08-28-2000-1~~
ORANGE COUNTY
BOARD OF COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: August 28, 2000
Action Agenda
Item No.
SUBJECT: Stream Buffer Zoning Ordinance Amendments
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) YES
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Ordinance Robert P. Davis, Planner III Ext. 2580
Craig Benedict, Director Ext 2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 9fi8-4501
Durham fi$8-7331
Mebane 336-227-2031
PURPOSE: To receive public comment on the proposed Stream Buffer Amendments in the
Zoning Ordinance
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
• Limits portions of lots that can be encumbered by stream buffers, easements, water bodies, etc.
• Adds a new provision for stream buffers outside Watershed Protection Overlay Districts
• .Establishes minimum 30-foot (each side) stream buffers for perennial (blue line) and intermittent (dashed
blue.line) streams
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
• Public Hearing On August 28, 2000
• Refer amendment to the Planning Board for a recommendation back to the Board of County
Commissioners no sooner than October 3, 2000
RECOMMENDATION(S): Plannin Staff Recommendation: Approval of the proposed
amendments as given in the attached documents.
Administration Recommendation: Refer proposed amendments
to the Planning Board for a recommendation to be returned to the
Board of Commissioners no sooner than October 3, 2000.
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 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 6-41 -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 Slo e
a. Draw awe 250' length perpendicular lines, at 100- foot horizontal
intervals along the entire length of the outside edges of the stream,
ts~e~, 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".
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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 identified 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 6: 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 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 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
f
Date and Seal