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HomeMy WebLinkAboutAgenda - 10-19-1999 - 8iORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Dater October 19, 1999 Action Agenda Item No. S - ~' SUBJECT: TEXT AMENDMENTS: FLEXIBLE DEVELOPMENT PROVISIONS DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1) Administration Recommendation INFORMATION CONTACT: Karen Lincoln, Extension 2583 Craig Benedict,.Extension 2592: TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel .Hill. Durham Mebane 968-4501. 688-7331 (336)227-2031 PURPOSE: To consider proposed text amendment to the Orange County Subdivision Regulations provisions regarding septic system placement within flexible developments. BACKGROUND: Request At the meeting on October 13, 1999, the board approved amendments to the Orange County Subdivision Regulations and the Orange County Zoning Ordinance concerning flexible development provisions. Septic system placement provisions have been rewritten consistent with board and attorney discussion at that meeting. In summary, proposed amendments to Orange County Subdivision Regulations • Modify setbacks and percentage of open space allowed for placement of septic systems (25% of secondary conservation area).. Location The amendments, if adopted, will apply to the entirety of Orange County lying outside of the Rural Buffer and outside the municipalities and their extra-territorial jurisdictions, if any. Development Process, Schedule, and Action • Public Hearing May 24, 1999: Major comments were that flexible development would not be used if those options did not offer some incentive to the developer. • Public Hearing August 23, 1999: Additional amendments addressing comments from the May 24, 1999, Public Hearing were brought back for public comment. • First Action: Planning Board Recommendation: Approval per the Planning Board Recommendation submitted in the October 13, 1999, agenda packet. • Final Action: Board of Commissioners approved amendments October 13, 1999, and will consider approval of the rewording of septic system placement provisions. FINANCIAL IMPACT: Not Applicable. RECOMMENDATION(S): g:\txtamend\flexdev\ccabs.doc\8-18-99Uc1 RECOMMENDATION(S): Planning Board Recommendation: Approval per the PLANNING BOARD RECOMMENDATION submitted in the October 13, 1999, agenda packet. ~ - . Administration Recommendation: • Approval per the attached` ADMINISTRATION RECOMMENDATION. 2 g:ltxtamend\flexdevlccabs.docl8-18-99\kl 3 ADMINISTRATION RECOMMENDATION: Proposed Amendment SUBDIVISION REGULATIONS, ORANGE COUNTY, N, C. SECTION IV-B-10 FLEXIBLE DEVELOPMENT SECTION D, SUBSECTION D.1 (Proposed amendments are highlighted in bold underlined; proposed deletions are shown in °*''~~'^*"~^~ ~nh print.) SECTION IV-B-10 FLEXIBLE DEVELOPMENT Section D DEVELOPMENT STANDARDS Flexible Development subdivision plats shall be prepared in accordance with one or more of the following development options. D.1 Estate Lot Option For lots created as part of an estate lot development, the following standards apply: Each estate lot shall have a lot size of at least four (4) acres. • For each estate lot, a building envelope (buildable area) shall be defined of sufficient size to accommodate asingle-family detached dwelling and customary . accessory uses, including, but not limited to, storage buildings and garages, patios and decks, lawns, driveways, septic systems including repair areas and well sites. • The building envelope of an estate lot may not exceed fifty percent (50%) of the total lot area and shall not include designated Primary andlor Secondary Conservation Areas. • Only the area outside of the building envelope of an estate lot may be counted toward meeting the minimum open space. requirement. To the highest degree possible, the open space area shall be contiguous to open space designated on the adjacent lot(s) and shall not include required front yard .and side yard setbacks unless the front or side yard contains significant primary or secondary conservation areas. A septic system repair area and/or well s+te-pry can e~ be located e~+~~e-e€ a-bt~iad~~-ewd~c~ae within the- secondary conservation area provided+t-dees the land designated for the septic system and/or well is' not eeea~more than #at€ one u9 arter of the secondary conservation area ~eFaa~~a~ of the lot. No septic system, repair area and/or well can be located in the primary conservation area of a lot. g:\txtamend\flexdev\adminrec.doc\8-17-99Uc1 4 AMENDMENT 3(CONT.~ • Each building envelope on an estate lot shall adhere to the following spacing standards: Building Envelope Spacing Standards for Estate Lots Minimum spacing between building envelopes on adjacent lots 100 feet Minimum spacing befinreen building envelope and subdivision 150 feet boundary or off-site public street right-of--way Minimum spacing between building envelope and on-site public 50 feet or private street right-of--way Minimum spacing between building envelope and any other lot 30 feet line Minimum spacing between building envelope and wetlands or 100 feet water bodies (lakes, ponds, streams, etc.) • Provided the arrangement, design, and shape of estate lots is such that lots provide satisfactory and desirable sites for building; contribute to the preservation of designated Primary and/or Secondary Conservation Areas; provide convenient access for emergency service vehicles; and satisfy all building envelope spacing standards. The minimum required lot frontage may be reduced to not less than 20 feet for flag lots, and lots fronting on cul-de-sacs and "T" turnarounds. • Estate lots shall be restricted against further _ subdivision through deed restrictions andJor permanent conservation easements. Primary and Secondary Conservation Areas located outside building envelopes shall be restricted against further development through conservation easements and/or deed restrictions. • Estate lot subdivision road(s) shall be designed to provide internal access to all lots in the subdivision. Private driveways shall access existing state maintained roads only via subdivision roads providing internal access to lots in the subdivision. • A 150 foot Type F buffer meeting the requirements of Article IV-B-8-e shall be provided along the frontage of all existing state maintained roads adjacent to the subdivision boundaries. In areas of dense mature forest, existing vegetation may be used to fulfill the buffer requirements. If additional planting is required, new plant materials that satisfy the. buffer requirements of Article IV-B-8-e shall be installed and maintained in accordance with provisions of Article IV-B-8-f. g:\txtamend\flexdev\adminrec.docl8-17-99\kl 5 SECTION IV-B-10 FLEXIBLE DEVELOPMENT Section D DEVELOPMENT STANDARDS D.2 Conservation-Cluster Option A conservation-cluster subdivision is one in which building lots are grouped together through a transfer of allowable density within the subdivided tract provided the transfer of density within the subdivision does not increase the average density in any overlay zoning district. In aconservation-cluster subdivision designed with density transfer, lots smaller than the minimum lot size permitted in the zoning district are allowed provided such lots and subdivisions are developed in accordance with the following standards: • Land saved through lot size reductions shall consist of designated Primary and/or Secondary Conservation Areas. • The total amount of land set aside as Primary and Secondary Conservation Areas shall equal the sum of all reductions in minimum lot area and shall comprise at least thirty-three percent (33%) of the total land :area in the subdivision. • Both Primary and Secondary Conservation Areas shall be placed. in undivided preserves which adjoin housing areas that have been designed more compactly to create .larger conservation units that may be enjoyed by all residents of the subdivision and, if possible, enjoyed, visually by .the general public. Such undivided open space shall be accessible to the largest number of lots within the development. To achieve this, the majority of hauselots should abut undivided open space to provide residents with direct views and access. Safe and convenient pedestrian access to the open space from all adjoining houselots shall be provided, except in the case of farmland or other resource areas vulnerable to human disturbance. The design must meet Section F Evaluation Criteria which sets forth conservation area design characteristics. • Where undivided open space is designated as separate non-contiguous parcels, no parcel shall consist of less than three (3) acres in area, nor have alength-to- width ratio in excess. of 4:1, except such areas that are specifically designed for neighborhood commons or greens; playfields; buffers adjacent to wetlands, watercourses, and rural roads; wildlife corridors; or trail links. • Each lot must contain a buildable area of sufficient size to accommodate a single-family detached dwelling and customary accessory uses, including, but not limited to, storage buildings and garages, patios and decks, lawns, driveways, septic systems including repair areas and well sites. Aseptic system and/or well site may be located in a secondary conservation open space area provided it does not occupy more than one quarter of the secondary conservation area No g:\fxtamend\flexdev\adminrec.doc\8-17-99\kl 6 D.2 Conservation-Cluster Option • septic system, repair area and/or well can be located in the primary conservation area. • Provided the arrangement, design, and shape of cluster lots is such that lots provide satisfactory and desirable sites for building, and .contribute to the preservation of designated Primary and/or Secondary Conservation Areas, minimum lot area, lot width, and setback requirements as specified in Article 4.1.2 of the Orange County Zoning Ordinance may be. reduced as set forth below. 0 Minimum lot area requirements may be reduced by sixty-five percent (65%) of the minimum lot size permitted by the zoning district including any .overlay district requirements; however, minimum lot area may not be smaller than 40,000 square feet within a watershed protection overlay district where lots. are served by individual septic systems. 0 Minimum lot width requirements may be reduced to 100 feet in the AR and R1 Districts. Minimum lot width requirements may be reduced by 30% in all other zoning districts. 0 Minimum front, rear, and side setback requirements may be reduced by twenty-five percent (25%) but shall be no less than ten (10) feet. 0 Minimum lot frontage requirements may be reduced to twenty (20) feet for lots fronting on cul-de-sacs and "T" turnarounds. 0 Minimum spacing between building envelopes and the subdivision boundary- or off-site public street right-of way shall be 100 feet and .may be counted as open space. • Conservation-cluster subdivision road(s) shall be designed to provide internal access to all lots in the subdivision. Private driveways shall access existing state maintained roads only via subdivision roads providing internal access to lots in the subdivision. • Cluster lots shall be restricted against further subdivision through deed restrictions and/or permanent conservation easements. Primary and Secondary Conservation Areas shall be dedicated to Orange County, another unit of local government, the State of North Carolina, a private non-profit land conservancy or a homeowners association. g:\txtamend\flexdev\adminrec.docl8-17-99\kl AN ORDINAINACE AMENDING THE ORANGE COUNTY SUBDIVISION REGULATIONS SECTION IV-B-10, SECTIONS D.1 AND D.2 TO CLARIFY AND ENHANCE THE FLEXIBLE DEVELOPMENT PROVISIONS CONCERNING PLACEMENT OF SEPTIC SYSTEMS THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS: SECTION IV-B-10, SUBSECTION D.1 (DEVELOPMENT STANDARDS, ESTATE LOT OPTION) IS REWRITTEN UNDERLINED TEXT) TO READ AS FOLLOWS. D.1 Estate Lot Option For lots created as part of an estate lot development, the following standards apply: • Each estate lot shall have a lot size of at least four (4) acres. • For each estate lot, a building envelope (buildable area) shall be defined of sufficient size to accommodate asingle-family .detached dwelling and customary accessory uses, including, but not limited to, storage buildings and garages, patios and decks, lawns, driveways, septic systems including repair areas and well sites. The building envelope of an estate lot may not exceed fifty percent (50%) of the. total lot area and shall not include designated Primary and/or Secondary Conservation Areas. ® Only the area outside of the building envelope of an estate lot may be counted toward meeting the minimum open space requirement. To the highest degree possible, the open space area shall be contiguous to open space designated on the adjacent lot(s) and shall not include required front yard and side yard setbacks unless the front or side yard contains significant primary or secondary conservation areas. A septic system repair area and/or well can be located within the secondary conservation areaprovided the land designated for the septic system and/or well is not more than one quarter of the secondary conservation area of the lot. No septic system repair area and/or well can be located in the primary conservation area of a lot. ~-' Each building envelope on an estate lot shall adhere to the following spacing standards: Building Envelope Spacing Standards for Estate Lots Minimum spacing between building envelopes on adjacent lots 100 feet Minimum spacing between building envelope and subdivision 150 feet boundary or off-site public street right-of--way Minimum spacing between building envelope and on-site public 50 feet or private street right-of-way Minimum spacing between building envelope and any other lot 30 feet line Minimum spacing between building envelope and wetlands or 100 feet water bodies (lakes, ponds, streams, etc.) ® Provided the arrangement, design, and shape of estate lots is such that lots provide satisfactory and desirable sites for building; contribute to the preservation of designated Primary and/or Secondary Conservation Areas; provide convenient access for emergency service vehicles; and satisfy all building envelope spacing standards, the minimum required lot frontage may be reduced to not less than 20 feet for flag lots, and lots fronting on cul-de-sacs and "T" turnarounds. Estate lots shall be restricted against further subdivision through deed restrictions and/or permanent conservation easements. Primary and Secondary Conservation Areas located outside building envelopes shall be restricted against further development through conservation easements and/or deed restrictions. Estate lot subdivision road(s) shall be designed to provide internal access to all lots in the subdivision. Private driveways shall access existing state maintained roads only via subdivision roads providing internal access to lots in the subdivision. v A 150 foot Type F buffer meeting the requirements of Article IV-B-8-e shall be provided along the frontage of all existing state maintained roads adjacent to the subdivision boundaries. In areas of dense mature forest, existing vegetation may be used to fulfill the buffer requirements. If additional planting is required, new plant materials that satisfy the buffer requirements of Article IV-B-8-e shall be installed and maintained in accordance with provisions of Article IV-B-8-f. SECTION (V-B-10, SUBSECTION D.2 (DEVELOPMENT STANDARDS, CONSERVATION-CLUSTER OPTION) IS REWRITTEN TO READ AS FOLLOWS. D.2 Conservation-Cluster Option A conservation-cluster subdivision is one in which building lots are grouped together through a transfer of allowable density within the subdivided tract provided the transfer of density within the subdivision does not increase the average density in any overlay zoning district. In aconservation-cluster subdivision designed with density transfer, lots D.2 Conservation-Cluster Option (cont.) smaller than the minimum lot size permitted in the zoning district are allowed provided such lots and subdivisions are developed in accordance with the following standards: Land saved through lot size reductions shall consist of designated Primary and/or Secondary Conservation Areas. The total amount of land set aside as Primary and Secondary Conservation Areas shall equal the sum of all reductions in minimum lot area and shall comprise at least thirty-three percent (33%) of the total land area in the subdivision. • Both Primary and Secondary Conservation Areas shall be .placed in undivided preserves which adjoin housing areas that have been designed more compactly to create larger conservation units that may be enjoyed by all residents of the subdivision and, if possible, enjoyed visually by the general public. Such undivided open space shall be accessible to the largest number of lots within the development. To achieve this, the majority of houselots should abut undivided open space to provide residents with direct views and access. Safe and convenient pedestrian access to the open space from all adjoining houselots shall be provided, except in the case of farmland or other resource areas vulnerable to human disturbance.. The design must meet Section F Evaluation Criteria which sets forth conservation area design characteristics. Where undivided open space is designated as separate non-contiguous parcels, no parcel shall consist of less than .three (3) acres in area, nor have alength-to- width ratio in excess of 4:1, except such areas that are specifically designed for neighborhood commons or greens; playfields; buffers adjacent to wetlands, watercourses, and rural roads; wildlife corridors; or trail links. • Each lot must contain a buildable area of sufficient size to accommodate a --_ limited to storage buildings and garages patios and decks lawns, driveways, septic systems including repair areas and well sites. Aseptic system and/or well site mad be located in a secondary conservation open space area provided it does not occupy more than one quarter of the secondary conservation area. No septic system repair area and/or well can be located in the primary conservation area. • Provided the arrangement, design, and shape of cluster lots is such that lots provide satisfactory and desirable sites for building, and contribute to the preservation of designated Primary and/or Secondary Conservation Areas, minimum lot area, lot width, and setback requirements as specified in Article 4.1.2 of the Orange County Zoning Ordinance may be reduced as set forth below. D.2 Conservation-Cluster Option (cont.) 0 Minimum lot area requirements may be reduced by sixty-five percent (65%) of the minimum lot size permitted by the zoning district including any overlay district requirements; however, minimum lot area may not be smaller than 40,000 square feet within a watershed protection overlay district where lots are served by individual septic systems. 0 Minimum lot width requirements may be reduced to 100 feet in the AR and R1 Districts. Minimum lot width requirements may be reduced by 30% in all other zoning districts. 0 Minimum front, rear, and side setback requirements may be reduced by twenty-five percent (25%) but shall be no less than ten (10) feet. 0 Minimum lot frontage requirements may be reduced to twenty (20) feet for lots fronting on cul-de-sacs and "T" turnarounds. 0 Minimum spacing between building envelopes and the subdivision boundary or off-site public street right-of--way shall be 100 feet and may be counted as open space. • Conservation-cluster subdivision road(s) shall be designed to provide internal access to all lots in the subdivision. Private driveways shall access existing state maintained roads only via subdivision roads providing internal access to lots in the subdivision. Cluster lots shall be restricted against further subdivision through deed restrictions and/or permanent conservation easements. Primary and Secondary Conservation Areas shall be dedicated to Orange County, another unit of local government, the State. of North Carolina, a private non-profit land conservancy or a homeowners association. AT THE REGULAR MEETING OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS HELD ON OCTOBER 19, 1999, UPON MOTION BY Commissioner Ha 1 k i of i s AND SECONDED gy Commissioner Jacobs ,THE FOREGOING DOCUMENT WAS ADOPTED. AYES: UNANIMOUS NAYS: I ~'n I r~r ,°~-'j ~a ra ~ ~' ~ ( `• ~I~ , f~ ~ ~., ,,y ,l/_ ~ ~ ~' J ~~ r~ J ~7 R V G1,\ Beverly Blythe, rk to th Board of Commissioners \ ~ --- ®~ ~~, :o ye~~ Date AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ORDINANCE ARTICLE 6, SECTION 6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY DISTRICTS TO IMPLEMENT NEW DEVELOPMENT STANDARDS IN CANE CREEK WATERSHED THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS: ARTICLE 6, SECTION 6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY DISTRICTS IS AMENDED BY THE FOLLOWING. Orange County Zoning Ordinance SUBSECTION 6.23.2 IS AMENDED TO READ AS FOLLOWS: 6.23.2 RESIDENTIAL DENSITY Maximum residential density shall be as indicated in the Table below, or as required by the underlying zoning district, whichever is less. *Amended 1-17-95 10-19-99 DISTRICT MAXIMUM DENSITY UNIV-CA 1 du/five acres. UNIV-PW Lots of record existing on October 2, 1989 may contain up to, but no more than, five lots with a density of one du/two acres. Contiguous lots of record existing on October 2, 1989 may be combined into one parcel for development. The number of two-acre lots and the total number of lots in the combined parcel cannot exceed the sum of the number of lots which could be created from each lot of record. CANE-CA 1 du/five acres. CANE-PW Lots of record existing on October 19, 1999, may contain up to, but no more (Amended than, five lots as small as two acres in size. Contiguous lots of record 10-19-99) existing on October 19, 1999, may be combined into one parcel for development. The number of two-acre lots and the total number of lots in the combined parcel cannot exceed the sum of the number of lots .which could be created from each lot of record. U-ENO-CA 1 du / 2 acres LITTLE-PW HYCO-PW 1 du/ 40,000 square feet (.92 acre) FLAT-PW U-ENO-PW Maximum density is as permitted in the underlying zoning district. L-ENO-PW HAW PW Structural BMPs are required in some cases where density exceeds 1 JORDAN-PW dwelling unit per acre. Refer to Article 6.23.3c1. BACK-PW Orange County Zoning Ordinance 6.23.3 STORMWATER INFILTRATION AND DETENTION 2. Non-Residential Development AmPn~IPC~ 1/4/94 10/19/99 DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL) UNIV-CA Same as.Residential (See previous Table) UNIV-PW CANE-CA 5-acre minimum lot size, with potential of up to five lots as small as two acres for lots of record October 19, 1999 (Amended 10-19-99); AND 6% impervious surface limit. BMPs cannot be used to satisfy watershed requirements. CANE-PW 5-acre minimum lot size, with potential of up to five lots as small as two acres for lots of record October 19, 1999 (Amended 10-19-99); AND 50% ISR for all fire stations and solid waste collection centers; AND 12% ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff; AND a limit of 1.0% of the watershed for non-residential use (139 acres in ' CANE-PW ). BMPs cannot be used to satisfy watershed requirements. U-ENO-CA 2-acre minimum lot size AND 6% impervious surface limit BMPs cannot be used to satisfy watershed requirements. HYCO-PW 50% ISR for all fire stations and solid waste collection centers; FLAT-PW AND 12% ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff; AND a limit of 1 % of the watershed for non-residential use (37 acres in HYCO-PW, 66 acres in FLAT-PW). BMPs cannot be used to satisfy watershed requirements. HAW-PW 24% impervious surface limit. JORDAN-PW BMPs cannot be used to satisfy watershed requirements. SUBSECTION 6.23.8 IS AMENDED TO READ AS FOLLOWS: 6.23.8 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES *Amended 1-17-95 7-1-96 10-19-99 DISTRICT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA Water supply and sewage treatment systems shall be limited to UNIV-PW individual wells and on-site septic tanks systems or individual on- site alternative disposal systems. All Watershed Overlay No new treatment system will be permitted where effluent disposal Districts occurs on a separate lot from the source of wastewater generation; provided, however, off-site systems shall be permitted in all Watershed Overlay Districts except the University Lake Protected Watershed (UNIV-PW) and Critical Area (UNIV-CA) when located in a Flexible Development subdivision approved in accordance with Section IV-B-10 the Orange County Subdivision Regulations. UNIV-CA New septic tanks and their nitrification fields shall be located outside of any stream buffers, or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS Quadrangle maps, whichever is further. CANE-GA New septic tanks, pump tanks and their appurtenances shall be U-ENO-CA located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 150 feet from a reservoir. . New nitrification fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 300 feet from a reservoir. Orange County Zoning Ordinance 6.23.8 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES DISTRICT WATER SUPPLY/SEWAGE DISPOSAL CANE-PW Water supply and sewage treatment systems shall be limited to CANE-CA individual wells and septic tanks or individual on-site alternative disposal systems; provided however, off-site systems shall be U-ENO-CA permitted when located in a Flexible Development subdivision (Amended 10/19/99) approved in accordance with Section IV-B-10 of the Orange County .Subdivision Regulations. UNIV-PW New septic tanks and their nitrification fields shall be located CANE-PW outside of any stream buffers and at least 100 feet from a perennial U-ENO-PW or intermittent stream as shown on the USGS Quadrangle maps. HYCO-PW LITTLE-PW BACK-PW HAW-PW JORDAN-PW L-ENO-PW FLAT-PW SUBSECTION 6.23.10 15 AMENDED TO READ AS FOLLOWS: 6.23.10 APPLICABILITY *Amended 1-17-95 10-19-99 a) Existing Development For the purpose of determining compliance with or applicability of Article 6.23 of this Ordinance, existing development is defined as a residential or non- residential structure which 1) was constructed prior to January 1, 1994 (October 19, 1999, with respect to the October 19,1999, amendments related to the CANE-CA and CANE- PWdistricts); or 2) was constructed in accordance with a valid. building permit issued prior to January 1, 1994 (October 19, 1999, with respect to the October 19,1999, amendments related to the CANE-CA and CANE-PW districts); or 3) was included as part of a Site Specific Development Plan approved by the Board of Commissioners prior to January 1, 1994 (October 19, 1999, with respect to the October 19,1999, amendments related to the CANE-CA and CANE-PW districts); or Orange County Zoning Ordinance 6.23.10 APPLICABILITY 4) had otherwise established a vested right under North Carolina Zoning law prior to January 1, 1994 (October 19, 1999, with respect to the October 19,1999, amendments related to the CANE-CA and CANE-PW districts). Existing development is hereby deemed to be conforming with respect to requirements of Article 6.23 of this Ordinance. b) Redevelopment The rebuilding or replacement of residential or nonresidential structures which are defined as existing development according to Article 6.23.11 a is allowed, provided that the rebuilding or replacement does not result in an increase in the amount of impervious surface, and does not encroach any farther into stream buffers or setbacks from reservoirs than the previous development. A structure which is rebuilt or replaced in accordance with these provisions is deemed conforming with respect to setbacks from streams and reservoirs required by Articles 6.23.7 and 6.23.8 if this Ordinance. c) Existing Lots An existing lot, for the purpose of determining compliance with Article 6.23, is defined as a lot which was created prior to January 1, 1994, or a lot -within the Cane Creek watershed which was created prior to October 19, 1999, with respect to the October 19,1999, amendments related to the CANE=CA or CANE- PWdistricts, and nonconforming lots of record. c) Existing Lots Stream buffers as required by Article 6.23.7, and setbacks for septic systems as required by Article 6.23.8 may be reduced to the extent necessary to allow development of the lot, provided that all of the following criteria are met: 1. The septic system is sized to serve no more than four bedrooms; and 2. The septic tank, drainfield and repair area (where required) can be accommodated on 20,000 square feet of area or less; and 3. The Orange County Planning StafF, in consultation with Orange County Environmental Health and/or the Orange County Engineer has determined that encroachment of the structure into the stream buffer and/or encroachment, of the septic system or repair area into the stream buffer or reservoir setback is necessary in order to provide adequate area for septic disposal and repair while maintaining required separations between wells, septic systems, structures and property lines; and Orange County Zoning Ordinance 6.23.10 APPLICABILITY 4. The Orange County Planning Staff, in consultation with Orange County Environmental Health and/or the Orange County Engineer, has determined that the relative locations of the well, septic system and structure maximize the amount of watershed protection that can be achieved while allowing development of the lot. Generally, an exception to setbacks for repair area is preferable to an exception for the initial septic system, and encroachment of structures or gravity septic systems into the setback is preferable to the installation of a septic system pump. 5. The amount of encroachment into the stream or reservoir buffer is the minimum amount which can be obtained while meeting the above criteria. AT THE REGULAR MEETING OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS HELD ON OCTOBER 19, 1999, UPON MOTION BY Commissioner Stephen Na 1 k i of i s ~ ~kWp1 SECONDED BY Commissioner Margaret W. Brown, THE FOREGOING DOCUMENT WAS ADOPTED. AYES: Commissioners Brown, Gordon, Halkiotis and Jacobs NAYS: Commissioner Carey /~~~ ~'~ . Beverly Blythe Clerk t the Board of Commissioners Date ,. ; ,, a;~ ~a 1, •, _~!