HomeMy WebLinkAboutA-424 Staff Summary Updated for BOC updated 9.6.16A-424, (07/16) Page 1 of 11
ZONING ORDINANCE AMENDMENT REQUEST
CASE: A-424, 07/16
PETITIONER: Planning Staff
REQUEST: Amend the Zoning Ordinance to update references to the 2006 CAMA Land Use Plan to
coincide with the adoption of the Comprehensive Land Use Plan
PLANNING BOARD ACTION:
This text amendment request was heard at the July 7, 2016 Planning Board meeting. After some
discussion about the changes proposed by Staff for Section 72-42, the Planning Board voted 5-0 to
recommend approval of staff’s proposal, with one addition. The Planning Board added language to
Section 72-42 to state “An application for a Special Use Permit for High Intensity Mining activities shall
require an analysis of impacts to aquifer recharge areas.” The Planning Board’s language addition is
evaluated further in Note 17 near the end of this document.
The Planning Board’s motion to recommend approval found that the recommended version of the text
amendment is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan, as the
amendment is necessary to allow continued administration of land use regulations to facilitate
intelligent growth and economic development in the county.
2. Reasonable and in the public interest as the amendment allows for uninterrupted administration
of the county’s Zoning Ordinance in a manner consistent with the spirit and intent of the existing
regulations.
BACKGROUND AND SUMMARY:
In concert with the adoption of PlanNHC, the county’s comprehensive land use plan, the Zoning Ordinance
must be updated to remove references to the 2006 CAMA Land Use Plan (’06 Plan). Because the Zoning
Ordinance will remain the county’s effective land development ordinance until a new development
ordinance is created and adopted, the existing references to the 2006 CAMA Land Use Plan must be
removed and replaced with references to the place types within the comprehensive land use plan or other
designations as appropriate.
In anticipation of detailed discussions involving diverse stakeholders about updating the county’s land
development regulations, Staff approached this effort with the ambition of not making any fundamental
changes to the regulatory concepts in the Zoning Ordinance that are currently guided by references to the
2006 CAMA Land Use Plan.
However, the differences in the land use classifications from the 2006 CAMA Land Use Plan and the place
types in the Comprehensive Land Use Plan created a challenge in approaching some of the land use plan
references, particularly the Conservation land use classification from the 2006 CAMA Land Use plan that
includes areas within the 100 year flood zone (AE and VE special flood hazard areas) and CAMA Estuarine
Areas of Environmental Concern (AECs).
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The land use plan references in the Zoning Ordinance often guide density. In updating the 2006 CAMA
Land Use Plan references, Planning Staff analyzed the density guidance specified for the place types in the
Comprehensive Land Use Plan and have made recommendations for what place types or other
designations would be most appropriate to maintain the spirit of the regulation while also making a step
towards the guidance set forth in PlanNHC.
In summary, the recommended changes are harmonious with the existing development strategies within
the Zoning Ordinance, while simultaneously reflecting the visions for new opportunities created with
PlanNHC.
DETAILED AMENDMENT REQUEST:
Red and Underline/Strikethrough – Staff’s Proposed Additions/Deletions
Section 50: Establishment of Use District; Table of Permitted Uses 1
2
Permitted Uses PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
2
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
High Density
Development (3/22/82)
Permitted only within
Urban or Transition
Area
Employment Center,
Urban Mixed Use, or
Community Mixed Use
Place Types (2/16/87,
10/11/95)
P S S S S
Note 1: High Density Development projects are currently only permitted in areas classified as Urban
or Transition. These were areas identified in the 2006 CAMA Land Use Plan as either having or are
planned to have urban services available to concentrate intensive urban development. These two land
use classifications also correlated with the concept of the Urban Services Boundary, which was another
tool of the ’06 Plan to limit development sprawl.
Staff recommends High Density Development projects be limited to the Employment Center, Urban
Mixed Use, and Community Mixed Use place types only, as these place types call for moderate to high
densities for residential uses. The Employment Center and Community Mixed Use place types both
specify 12 to 15 dwelling units per acre (du/a) as the ideal density range for multifamily residential.
The remainder of the place types are not appropriate for High Density Development. Residential
development is not encouraged in the Commerce Zone or Conservation place types. Very low density
is appropriate for Rural Residential, and 2 to 6 du/a is the ideal density for General Residential which
could be achieved through a rezoning to R-7.
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3
Section 51.1: Regulations Applicable to the Following Residential Districts 4
51.1-2: Performance Residential: In addition to the density limit established in the applicable zone, all 5
Performance Residential Development shall comply with the following regulations: 6
(11) In calculating the density for a proposed development, the following areas shall first be subtracted 7
from the gross area of land to be committed to development. In lieu of subtracting Dorovan, 8
Johnston, and Pamlico soils, the developer may choose to preserve 100% of such areas as 9
conservation space. Such designation shall follow the requirements of Section 55.1-4(4) Methods 10
of Conservation Space Preservation with all improvements limited to Section 55.1-4(3) 11
Improvements. 12
13
(A) all natural lakes, ponds, rivers, or marshes; and, 14
(B) all areas of Class IV soils as defined in A Classification of Soils in New Hanover 15
County for Septic Tank Suitability. All calculations shall be rounded to the nearest 16
whole unit. (1/4/84)(9/6/94) 17
(C) Residential units shall not be clustered at a density greater than 2.5 units per net 18
tract acre in areas classified Rural Residential place type, Conservation place type, 19
AE or VE special flood hazard areas, or CAMA Estuarine Areas of Environmental 20
Concern, Conservation, Rural or Resource Protection in the Wilmington - New 21
Hanover Land-Use Plan, except under the following circumstances. If a 22
Permitted Uses PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
2
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
Mobile Home Park
(Density shall not
exceed 2.5 Units
beyond Urban
Transition area
Employment Center,
Urban Mixed Use, or
Community Mixed Use
Place Types) (2/16/87,
10/11/95)
P S S S S
Note 2: Currently, the density for areas of Mobile Home Parks that fall outside of the Urban or
Transition land use classes is limited at 2.5 du/a. Staff recommends maintaining the 2.5 du/a density
cap for areas of Mobile Home Parks that are not classified as Employment Center, Urban Mixed Use,
or Community Mixed Use.
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development encompasses Rural Residential place type, Conservation place type, 23
AE or VE special flood hazard areas, or CAMA Estuarine Areas of Environmental 24
Concern, Resource Protection or Rural areas, and Conservation areas, then 25
density may exceed 2.5 units per acre in the areas of the site outside of the AE or 26
VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern, 27
the Resource Protection or Rural area, provided the number of units in the AE or 28
VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern 29
the Conservation area is reduced by an equal amount. At no time shall any portion 30
of the project designated as AE or VE special flood hazard areas, CAMA Estuarine 31
Areas of Environmental Concern, Rural Residential place type, or Conservation 32
place type classified conservation exceed the 2.5 units/acre limitation, nor shall 33
the overall density of the project exceed the limits specified in the respective 34
residential zoning districts. For the purposes of this section, the conservation area 35
shall include all lands following their natural topography that are at or below the 36
100 year flood elevation as shown on the Flood Insurance Rate Map and upland 37
of any marsh line. (2/16/87)(10/99) 38
Section 51.8: R-7 Medium Density Development 39
Purpose: The purpose of this section is to encourage medium density development in General Residential, 40
Community Mixed Use, and Employment Center place types Urban and Transition areas where adequate 41
services are available. The district will allow greater variety of housing types provided that environmental 42
impacts are minimized and adequate open space is provided. 43
Section 52.2: B-2 Highway Business District 44
52.2-4: Dimensional Requirements: 45
46
(4) Maximum Building Height - 40 feet; except that buildings located within the Employment Center, 47
Community Mixed Use, Urban Mixed Use, or Commerce Zone place types Urban Transition Area 48
and fronting along a collector, Minor Arterial or Principal Arterial as indicated on the County's 49
Note 3: Section 51.1-2(11) prescribes how density is calculated for Performance Residential projects.
Subsection (C) currently allows for a transfer of units from a portion of a project that is classified as
Conservation, Rural, or Resource Protection by the ’06 Plan to other areas of the project outside of
those land use classifications. In the 2006 CAMA Plan, AE and VE Special Flood Hazard Areas and
CAMA Estuarine AECs were included in the Conservation land use classification. Staff recommends
applying the 2.5 du/a density cap to areas designated as AE or VE special flood hazard areas, CAMA
Estuarine AECs, and the Conservation and Rural Residential place types, and updating the references
to allow the transfer of units from only the areas of the site designated as AE/VE SFHAs or CAMA
Estuarine AECs to other portions of the site outside of these areas.
Note 4: Section 51.8 describes where the R-7 Medium Density Development residential zoning district
is appropriate, which is currently Urban and Transition areas. Staff recommends updating the
references to General Residential, Community Mixed Use, and Employment Center based on the
guidance for density and land use types. Residential uses are not encouraged in the Commerce Zone
or Conservation place types. The density attainable through R-7 is too high for Rural Residential, and
too low for Urban Mixed Use.
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Thoroughfare Classification Plan, may exceed 40 feet provided their FAR does not exceed 1.0 50
(2/7/83) (10/5/95) 51
Section 53.2: I-1 Light Industrial 52
(4) Maximum Building Height - Forty (40) feet except for buildings located within the Employment 53
Center or Commerce Zone place types Urban Transition Area and fronting along a Collector, Minor 54
Arterial, or Principal Arterial as indicated on the Wilmington Metropolitan Planning Organization’s 55
most current Roadway Functional Classification Map, may exceed forty (40) feet provided their 56
FAR does not exceed 1.0. (2/7/83) 57
Section 54: Mixed Use Districts 58
54.1: Exceptional Design Zoning District (EDZD) 59
54.1-2: Applicability – Areas classified as Rural Residential place type, Conservation place type, AE or VE 60
special flood hazard areas, or CAMA Estuarine Areas of Environmental Concern Conservation on the 61
current CAMA Land Classification Map are not eligible for residential density greater than 2.5 units per 62
acre, and such acreage, with the exception of area within the Rural Residential place type, must be 63
subtracted from the acreage upon which density on other portions of the district is calculated. All other 64
areas of the unincorporated planning jurisdiction for New Hanover County are eligible for the EDZD. 65
54.2 Planned Development (PD) District 66
54.2-2: District Regulations: 67
(2) Maximum Building Height - The maximum building height for residential, commercial, and office 68
and institutional structures shall be forty (40) feet; except that the maximum height for 69
buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Center 70
place types urban or transition area as indicated on the County's Land Classification Map and 71
Note 6: Section 53.2 prescribes a 40’ building height maximum for buildings in the I-1 Light Industrial
zoning district, unless the site is within the Urban or Transition areas and meet other criteria. Staff
recommends updating the references to Employment Center and Commerce Zone due to the
appropriateness of the light industrial zoning district and uses in these two place types.
Note 7: 54.1-2 sets a density cap of 2.5 du/a for areas of an EDZD project that is currently classified
as Conservation by the ’06 Plan. Staff recommends maintaining the 2.5 du/a density cap for areas of
an EDZD project that are designated as Rural Residential place type, Conservation place type, AE or VE
special flood hazard areas, or CAMA Estuarine Areas of Environmental Concern. The revised language
also would require that areas of an EDZD site designated as Conservation place type, AE or VE special
flood hazard area, or CAMA Estuarine AEC must be subtracted from the gross site acreage when
calculating density for the EDZD project.
Note 5: Section 52.2-4 describes the maximum building height for the B-2 zoning district, and allows
this maximum to be exceeded in Urban and Transition areas when certain criteria are met. Staff
recommends changing these references to the Employment Center, Community Mixed Use, Urban
Mixed Use, and Commerce Zone place types based on the building height guidance provided by the
place type cut sheets. Appropriate nonresidential uses are limited in the General Residential and Rural
Residential place types, and Staff recommends the applying the 40’ building height maximum in B-2
zoning that may occur in General Residential and Rural Residential place types.
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fronting along a collector, minor arterial or principal arterial as indicated on the Wilmington 72
Urban Area MPO functional classification map shall be eighty (80) feet. (10/5/95) (8/1/11) 73
(6) Maximum Density: (1/2/90) 74
(A) Allowable density shall be determined by the Site Capacity Standards for High Density 75
Development as authorized in Section 72-43 of this Ordinance, except that land intended 76
for commercial, office and institutional, and industrial uses shall also be subtracted from 77
the gross site area. The residential density factor of the PD district shall be 4.25 dwelling 78
units per acre if the PD shall be located within the Urban Mixed Use, Community Mixed 79
Use, General Residential, or Employment Center place types Urban or Transition area. 80
The residential density factor of the PD district shall be 2.5 dwelling units per base site 81
acre if the PD shall be located beyond the Urban or Transition area. (10/5/95) 82
(B) Residential units shall not be allowed at a density greater than 2.5 units per acre in the 83
AE and VE special flood hazard areas and CAMA Estuarine Areas of Environmental 84
Concern. areas classified Rural, Conservation, or Resource Protection in the Wilmington - 85
New Hanover Land-Use Plan. In cases where a Planned Development includes Rural or 86
Resource Protection areas, and Conservation areas, then density may exceed 2.5 units 87
per acre in the Resource Protection or Rural area, provided the number of units in the 88
Conservation area is reduced by an equal amount. (2/16/87) 89
Note 8: Staff recommends changing the references for where a building height may exceed 40’ in the
PD district from the ’06 Plan classifications of Urban and Transition areas to the Urban Mixed Use,
Community Mixed Use, and Employment Center place types based on the building height guidance on
the place type cut sheets.
Note 9: Section 54.2-2(6) dictates how residential density is determined for PD projects by referring to the
calculation procedure in the High Density Development section of the ordinance. To calculate density, the
“base site area” is multiplied by a density factor. Currently, for areas within the Urban or Transition land
use classifications from the ’06 Plan, the density factor is 4.25 units/acre. Staff recommends changing these
references to the Urban Mixed Use, Community Mixed Use, General Residential, and Employment Center
place types, as such a density is appropriate in them.
Additionally, this section (as well as 72-43(D)) limits density for portions of PD projects outside of the Urban
or Transition land use classifications. Staff recommends striking this sentence and allow PD projects only
within the Urban Mixed Use, Community Mixed Use, General Residential, and Employment Center place
types. The residential requirement for PD conflicts with the Commerce Place type, which is established for
office, commercial, and industrial uses.
Note 10: This section currently limits density to 2.5 du/a in areas of a PD project classified as Rural,
Conservation, or Resource Protection by the ’06 Plan. Staff recommends revising this section to limit
density to 2.5 du/a in the AE and VE special flood hazard areas and also CAMA Estuarine AECs. The
place types in the Comprehensive Plan do not include areas included in the 2006 CAMA Plan Resource
Protection classification, such as AE/VE flood zones and estuarine CAMA Estuarine AECs, which are
currently limited to 2.5 du/acre by both policies in the 2006 Plan and regulations in the Zoning
Ordinance, such as above. The revised language bridges the gap by tying the density to more specific
areas until stakeholder discussions during the UDO process can determine if more substantial changes
are appropriate. Note that even with maintaining the 2.5 du/a density limit in certain areas, the new
place types will allow for more density in more areas of the county that were limited by the 2.5 du/a
cap in the 2006 CAMA Plan Resource Protection land use classification.
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(C) If the PD District shall be located within the Employment Center, Urban Mixed Use, or 90
Community Mixed Use place types Urban or Transition Area, the residential density factor 91
of the PD District may be increased by using the following "Density Bonus Chart". An 92
increase in density from 4.25 to 10.2 dwelling units per acre requires a total score of 75 93
points or more. An increase in density from 10.2 to 17 units per acre requires a total score 94
of 165 points or more. (2/16/87) (10/5/95) (8/1/11) 95
(7) The following minimum improvements and public services shall be provided in accordance with 96
all standards set by the County or appropriate local or State agency: 97
(O) Recognizing the County’s need for adequate housing for the elderly population as stated 98
in the Comprehensive Land Use Plan 2006 CAMA Plan Update, the following district 99
regulations shall apply in instances where at least twenty-five percent (25%) of the PD 100
district number of units are included in a Continuing Care Retirement Facility as described 101
and regulated under NCGS 58 Article 64: 102
a. The maximum height for a continuing care retirement facility building shall be up 103
to 55 feet. 104
b. The thoroughfare requirements in Section 54.2-2(7) (N) and Section 61.3 may be 105
satisfied if a traffic study supports a finding by the Board of County 106
Commissioners that the roadway providing access for the proposed PD 107
development to and from an existing major or minor arterial will operate at an 108
acceptable level of service (LOS), and will not cause the LOS to drop below Level 109
C. (1/07/08) at build-out. 8/1/11) 110
Section 54.3: RFMU Riverfront Mixed Use District 111
Section 54.3-1: Purpose - The Cape Fear River is one of the region’s most valuable natural resources and 112
is the focal point of activity in downtown Wilmington. The Riverfront Mixed Use District is established to 113
support seven main objectives: to enhance and preserve environmentally sensitive areas along the river; 114
to protect public access to the river through the creation of quality public spaces, to preserve cultural and 115
natural resources, to effect quality design and a variety of built forms that result in a pedestrian scale as 116
well as a compelling skyline; to promote and enhance transit options, particularly pedestrian and water-117
oriented transportation options; to provide an opportunity for intensive development consistent with the 118
urban form; and to encourage a mix of uses that foster a sense of community and create a destination for 119
residents and visitors alike. 120
121
The RFMU is an elective district available only to parcels of land fronting the Cape Fear and Northeast 122
Cape Fear Rivers east of Hwy. 421, between the Holmes Bridge and the Memorial Bridge in 123
Unincorporated New Hanover County. A height restriction overlay for the area directly across from the 124
Note 11: Similar to the changes proposed in Section 54.2-2(6), Staff recommends changing the
references in this section from the ’06 Plan classifications of Urban and Transition to the Employment
Center, Urban Mixed Use, and Community Mixed Use place types, as these place types are appropriate
for increased density.
Note 12: Section 54.2-2(7)(O) includes a reference to the need for elderly population in the ’06 Plan.
This reference can be easily updated to point towards the new comprehensive plan as suggested
above.
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Wilmington Historic District is subject to additional restrictions on building height. In the event of conflict 125
between regulations for riverfront mixed use developments and those in other sections of the Zoning 126
Ordinance, the Riverfront Mixed Use regulations shall supersede unless specifically stated otherwise. All 127
development projects within riverfront mixed use districts are subject to the CAMA Land Classification 128
regulations. 129
Section 72-43: High Density Development 130
Purpose: The purpose of this section is to encourage high density development in Employment Center, 131
Urban Mixed Use, or Community Mixed Use place types Urban or Transition areas where adequate 132
services are available, provided that environmental impacts are minimized and adequate open space is 133
provided. (10/5/95) 134
All High Density Developments shall comply with the following requirements: 135
(D) Determination of site capacity 136
137
1. The maximum number of dwelling units that may be built may be determined by 138
multiplying the BASE SITE AREA by the appropriate density factor from the table 139
below. (1/2/90) (10/5/95) 140
141
DISTRICT DENSITY FACTOR 142
R-10 17 units/acre 143
R-15 10.2 units/acre 144
R-20 4.25 units/acre 145
O&I 10.2 units/acre 146
PD (inside Employment Center/Urban Mixed Use/Community Mixed 147
Use/General Residential Place Types Urban Transition area) 4.25 units/acre 148
PD (outside Urban Transition area) 2.5 units/acre 149
Note 14: Section 72-43 prescribes supplemental regulations for High Density Development projects.
Currently, these projects are permitted only in the Urban or Transition land use classifications. Staff
recommends changing these references to the Employment Center, Urban Mixed Use, and Community
Mixed Use place types. See Note 1 for an explanation of a similar change to the Table of Permitted
Uses.
Note 15: The recommended changes in this section pertain to the density calculation for PD projects,
and are explained further in Note 9.
Note 13: Section 54.3-1 discusses the purposes of the Riverfront Mixed Use District (RFMU), including
objectives of development within the district and where in the county RFMU is applicable. The final
sentence states that projects within an RFMU district should be guided by the land use classifications,
which is predominately Conservation. A 2008 amendment to the ’06 Plan excepted RFMU from the
density and impervious surface coverage limitations in the Conservation land use classification. Staff
recommends deleting this sentence, finding it unnecessary. Density will be guided by the applicable
Urban Mixed Use place type, and density and impervious surface coverage will reviewed by staff, the
Technical Review Committee, the Planning Board, and the Board of Commissioners.
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2. Each high density development shall be located either totally or primarily in 150
areas classified Employment Center, Urban Mixed Use, or Community Mixed Use 151
place types Urban Transition in the Wilmington - New Hanover Land-Use Plan. In 152
cases where a high density development includes primarily Employment Center, 153
Urban Mixed Use, or Community Mixed Use Urban or Transition areas and 154
limited Conservation place type or AE or VE special flood hazard areas or CAMA 155
Estuarine Areas of Environmental Concern Conservation or Rural or Resource 156
Protection areas, the residential units shall not be clustered at a density greater 157
than 2.5 units per BASE SITE acre in the AE or VE special flood hazard areas or 158
CAMA Estuarine Areas of Environmental Concern areas classified Conservation, 159
Rural, or Resource Protection. (10/5/95) 160
Section 72-42: Mining 161
High Intensity Mining Operations 162
High intensity mining operations shall be permitted in accordance with the use tables in Section 50-2, 163
subject to the following: 164
(1) The minimum lot size shall be one acre. 165
(2) Soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or topsoil) 166
may be removed for use off-site. Additional on-site processing shall be permitted (i.e. Use of 167
conveyor systems; screening machines; crushing; or other mechanical equipment). 168
(3) All mining operations and their associated activities shall comply with the following standards 169
when dewatering occurs: 170
a. Must be located a minimum of 100 feet from all property lines. 171
(4) High Intensity Mining activities shall not be allowed in areas classified as aquifer resource 172
protection or watershed resource protection on the CAMA Land Classification Map. 173
Note 16: Section 72-43(3)D-2, above, reiterates where High Density Development may occur, which is
currently only the Urban or Transition classifications from the ’06 Plan. Consistent with previous similar
references, Staff recommends updating these references to Employment Center, Urban Mixed Use, and
Community Mixed Use.
This section also creates a density cap of 2.5 du/a for areas of a High Density Development project
within areas classified as Conservation, Rural, or Resource Protection by the ’06 Plan. Staff
recommends revising this language to limit density to 2.5 du/a for portions of a High Density
Development project that fall within areas designated as AE or VE special flood hazard areas or CAMA
Estuarine AECs. Areas classified as Conservation place are discouraged from any development, so the
2.5 du/a density cap is unnecessary.
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REVIEW AND ACTION:
This request has been processed and reviewed per Section 110 – Amending the Ordinance. Notices of the
petition request have been disseminated per the requirements of the Zoning Ordinance.
Staff recommends the approval of the amendment as presented above. Staff concludes that the
amendment is necessary to amend language in the Zoning Ordinance that refers to land use classifications
from the 2006 CAMA Land Use Plan to reference the place types in the Comprehensive Land Use Plan, in
order to administer the Zoning Ordinance. Changes suggested by staff are intended to reflect the spirit
and intent of the existing regulations as much as possible until robust conversations involving a diversified
set of stakeholders necessitates more substantial changes to the ordinance language.
Action Needed
Motion for approval of the either the staff version of the proposal, the Planning Board’s
recommended version of the proposal, or another version of the amendment.
Motion to “table” the item in order to receive more information
Motion to deny the amendment request based on specific reasons
Note 17: Section 72-42 sets supplemental regulations for High Intensity Mining Operations, including
subsection (4) that disallows the use in the Aquifer Resource Protection or Watershed Resource
Protection land use classifications from the ’06 Plan.
High Intensity Mining is currently only permitted in the I-2 zoning district by Special Use Permit. Based
on the limited areas of I-2 zoning that overlap with the Aquifer Resource Protection and Watershed
Resource Protection areas, Staff recommended to the Planning Board to remove this subsection and
rely on the special use permit process to address any concerns related to aquifers, surface and
groundwater, and other potential external effects of the proposed mining operation.
At their July 7, 2017 meeting, the Planning Board recommended that the existing language under 72-
42(4) be replaced with “An application for a Special Use Permit for High Intensity Mining activities shall
require an analysis of impacts to aquifer recharge areas”.
Planning Staff feels that the language suggested by the Planning Board may help address potential
issues to aquifer recharge areas that may be realized from a high intensity mining operation, but the
suggested language leaves some uncertainties as to what impacts should be evaluated as part of the
analysis, what methods, industry standards, or best management practices should be used for the
analysis, and the minimum qualifications, certifications, or licenses that an individual or firm must
possess to prepare the analysis. Additionally, Staff observes that the language suggested by the
Planning Board imposes a new requirement for all high intensity mining special use permit requests,
regardless of their geographical location within the county. Staff suggests to either further refine the
language to address these uncertainties, or to omit the Planning Board’s suggested language and
request such an analysis on a case-by-case basis for requests for special use permits for high intensity
mining, at which time the request for analysis can be tailored to the specific concerns or impacts
pertaining to the proposal.
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Example Motion for Approval:
Motion for approval, as the Board of Commissioners finds that this request for a zoning ordinance
amendment is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and the 2016
Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how
the amendment is consistent].
2. Reasonable and in the public interest because [Briefly explain why. Factors may include public
health and safety, applicable plans, or balancing benefits and detriments.].
Example Motion for Denial:
Motion for denial, as the Board of Commissioners finds that this request for a zoning ordinance
amendment is:
1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and the 2016
Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how
the amendment is not consistent].
2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include
public health and safety, applicable plans, or balancing benefits and detriments.].
Staff Suggested Motion:
Motion to approve the staff-recommended version, as the Board of Commissioners finds that this request
as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and the 2016
Comprehensive Land Use Plan, as the amendment is necessary to allow continued administration
of land use regulations to facilitate intelligent growth and economic development in the county.
2. Reasonable and in the public interest as the amendment allows for uninterrupted administration
of the county’s Zoning Ordinance in a manner consistent with the spirit and intent of the existing
regulations.
Board of Commissioners - September 6, 2016 ITEM: 14-2-11