Agenda - 08-26-1991 - Laserfiche WebLink

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. ' Land Use Compatibility. Almost all of the Critical Area and the Protected Area are inside the City's Urban Growth Area. With the exception of the commercial and office area at Roxboro Road and Latta Road5nfinity Road, most of the land in these areas are projected to be used for low density residential or park/open space purposes. The density restrictions associated with these watershed protection areas are generally compatible with Durham's adopted plans and established land use patterns, except as they relate to future non- residential development. Overall, these regulations represent a significant increase in the geographic area regulated for water supply protection purposes. Durham's two water supply watersheds, Lake Michie and Little River Reservoir, are much less affected than the southern watersheds. This is because the State's rules in these areas are similar to present City and County zoning ordinance provision. However, the State's proposed rules do not spell the end of development in Durham. Development using the high density option is limited to slightly less than three - quarters the density that could be permitted without these rules. The required stormwater controls, either on -site wet detention ponds or regional facilities, will add to the overall cost of development. Although, details are not yet finalized, this type of stormwater management will be required of the City by forthcoming EPA regulations (see below). IV. Relationship to EPA- Mandated Stormwater Regulations. The City of Durham will soon be subject to new EPA stormwater management regulations in addition to the State's water supply watershed rules. (The County will not be subject to these rules.) The City will be required to obtain from the State a stormwater permit, not unlike the NPDES permit obtained for point- source discharges. EPA's regulations for stormwater management are not yet final, so details of how the City will comply with the requirements have not been worked out. Consequently, it is difficult to assess exactly how these EPA requirements will mesh with the proposed water supply watershed rules. In general, EPA will require that the City require of private developments stormwater control measures similar to what is contemplated by the State for watershed protection. Consequently, the additional impact on development of the proposed State rules will be minimal. However, the City's interests will be served only if the State's rules for watershed protection are similar, or at least not incompatible with, the EPA requirements. The City Council and Board of County Commissioners should formally make this comment to the State. Also, if areas outside of the City but within the Urban Growth Area develop under the high density option of the State's rules, the County would have to assume responsibility for the operation and maintenance of stormwater control - devices. Therefore, if the County wishes to allow any development beyond the rather significant constraints of the low density option, the Count may be better served by joining the City's stormwater management utility. V. Alternate Scenarios for Watershed Protection. Several other watershed protection methods might be suggested to the EMC as alternatives to those proposed by the State. These could expand upon present water supply classifications or presently adopted and enforced local ordinances. Three examples are outlined below, with some indication of their land use and Comprehensive Plan compatibility. 12