Agenda - 02-27-1989 - Laserfiche WebLink

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Hon. Moses Carey, Chairman February 27, 1989 Page 4 The adjoining land owner (who presumably did not "volunteer', his land for appropriation by the public interest) can only construct a permitted use within 100 feet of his own property line. Reason 4: The "Voluntary" Nature Of The Designation is Tantamount To Spot Zoning. Because the decision to bring property within PID-I is strictly voluntary, it is tantamount to spot or contract zoning. This would be especially true with regard to the County's Seven Mile Creek site. It has an inherent conflict of interest because it would legislating the zoning status of its own property. [ Reason 5: PID-I Designation Is Not Needed As To The Seven Mile Creek Property. Finally, impressed on the zoning atlas are already numerous zonings and overlay zonings which adequately protect the public's interest as to the County's Seven Mile Creek site. For example, the Brown property is zoned agricultural - residential. Superimposed on that zoning as an overlay is the Protected Watershed-II designation. Superimposed, in turn, over that overlay is the Water Quality Critical Area designation. To superimpose over all the foregoing PID-I designation really borders on overkill. Under Water Quality Critical Area specifications, the minimum lot size is already 80,000 square feet (with impervious surface requirements which tend to increase the amount of square footage per lot) . There is a structural set back of 150 feet and a septic system set back of 300 feet. These restrictions adequately protect the public interest. There is no need to superimpose a non- disturbance buffer of 100 feet when Water Quality Critical Area zoning restricts structures within 150 feet of the edge of the floodplain and septic lines within 300 feet of the impoundment. Reason 6: Economics. If the newspaper reports are to be believed, either the County, the Town of Hillsborough or the Orange-Alamance Water System (or a combination of them) will soon be embarking upon an aggressive program of acquiring property for the proposed reservoir. If that reservoir is to be located at Seven Mile Creek, the PID-I 100 foot buffer will be a matter of immense concern to every property owner who will sell land to (or have it condemned by) the acquiring entity. The spectra of a PID- I buffer will be taken into account in computing severance damages due the landowner. At present, land zoned agricultural-residential has a front set back requirement of 40 feet and lateral and rear set back requirements of twenty feet. The Protected Watershed-II classification has a set back requirement of 50 feet. The 100 foot buffer may, in many instances, more than double the amount of land