ORD-2006-101 - Proposed Stream Buffer Zoning Text Amendment

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ORANGE COUNTY QQ�Q -- c�140 /w BOARD OF COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 20, 2006 Action Agenda Item No. CA SUBJECT: Proposed Stream Buffer Zoning Text Amendments DEPARTMENT: Planning and Inspections ATTACHMENT(S): 1. Proposed Ordinance changes with strike and delete highlights (pages A- 1 through A -14) 2. Graphic examples of existing regulations and proposed amendments. (pages B -1 through B -6) PUBLIC HEARING: (YIN) Yes INFORMATION CONTACT: Name Phone Number Craig Benedict, Director 245 -2592 Robert P Davis, Planner III 245 -2580 Michael D. Harvey, Planner II 245 -2607 Ren Ivins, Erosion Control 245 -0758 PURPOSE: To consider staff initiated zoning text amendments to Section 6.23.7 through Section 6.24.1 Stream Buffers of the Orange County Zoning Ordinance. BACKGROUND: For the past few months, staff has been. reviewing the need to develop a comprehensive planting standard to require individuals to re- establish a required buffer in the event it has been disturbed. Staff has also been reviewing the need to. modify the types of uses allowed within protected stream buffers, along with appropriate mitigation standards, that are consistent with existing North Carolina Division of Water Quality (DWQ) standards. REQUEST: Staff recommends amending the existing Stream Buffer regulations to address the following issues: 1*. There is a lack of uniform, comprehensive, planting and mitigation standards for a property owner to adhere to in situations where they either illegally disturb the required stream buffer or propose to develop a parcel of property where required stream buffers do not exist and need to be re- established, 2. There is currently a lack of appropriate mitigation standards designed to offset or minimize the impact of encroachment into a required stream buffer, as currently permitted under Section 6.23.7 (b), 3. There is currently no flexibility within the Ordinance allowing for minor encroachment into the required stream buffer for noninvasive, passive, uses of property, and 4. There is currently no effective way to work with a property owner to address changes in the location and size of a stream buffer resulting in a change in the FEMA Flood maps. f:;`. Pubis r {e_ ^r .`ti :.....; teT'i!' SS't ...,; T's Ner i' ht ..rt_;,`,:;'.•anr' ; Public i3carii,� ;?' „tc�, Nov i;ii.`' -t)f: