CITY OF DURHAM DURHAM COUNTY NORTH CAROLINA

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1 CITY OF DURHAM DURHAM COUNTY NORTH CAROLINA Date: To: Through: From: Subject: Mike Ruffin, County Manager Lee Worsley, Deputy County Manager Steven L. Medlin, AICP, Planning Director Sorrell Property Watershed Boundary Interpretation Summary. The Planning Department has received a request from property owner Mr. Clyde R. Sorrell to administratively interpret the Falls Lake water supply watershed protection overlay boundaries for his two parcels on Leesville Road (associated with the Leesville Road Active Adult Community development). Pursuant to Unified Development Ordinance (UDO) paragraph , Rules for Interpretation of Overlay Boundaries, upon the request of a property owner whose property is divided by an overlay boundary, the Planning Department Director is authorized to determine the exact boundary. The request includes a survey showing the ridgeline defining the Falls Lake Watershed in relation to the subject parcels. The Planning Department believes that the information is correct and accurate based on an evaluation of the survey in conjunction with Geographic Information System (GIS) data. The North Carolina Administrative Code requires that the North Carolina Environmental Management Commission (EMC) approve all expansions and contractions to the adopted critical and protected area boundaries prior to adoption by the local government. This agenda item asks for authority from the Board of Commissioners for the Planning Director to submit the proposed changes in watershed protection overlays to the EMC for approval. Recommendation. The Planning Department recommends that the Board of Commissioners authorize the Planning Director to seek approval from the EMC for this interpretation to the F/J-B boundary in eastern Durham County. Background Interpretations. Durham mapped watershed protection overlays in the early 1990s in response to State minimum requirements. At that time, Durham opted to apply the following two policies to guide mapping of overlay boundaries:

2 1. When an arc representing the one-mile Critical Area crossed a property, the property would be included inside the Critical Area; likewise for the five-mile Protected Area. 2. The Zoning Ordinance (subsequently, the UDO) would include language to allow the Planning Director to make an administrative interpretation in these instances at the requests of the property owner. The interpretation would delineate where the arc crossed the property lines and where the Critical Area and/or Protected Area regulations would apply. The language is included in the UDO at paragraph , Rules for Interpretation of Overlay Boundaries. This provision of the UDO has been used several times in the past by several planning directors to more accurately locate the watershed protection overlay boundaries. Request. In October 2011, the Planning Department received a request from Mr. Clyde R. Sorrell for an interpretation of the water supply watershed protection overlay boundaries for Falls Lake pursuant to the UDO paragraph The parcel identification numbers (PIN) for the properties under consideration are and (see the context map, Attachment 1). A survey on behalf of the owners was submitted by Horvath Associates (see Attachment 2). The survey references the location of the ridgeline defining the drainage basin of Falls Lake. In the UDO at paragraph , the F/J-B is defined as having the location from the edge of F/J-A Overlay to five miles from the normal pool of the Falls Reservoir and the Jordan Reservoir, or to the ridge lines that define their drainage basins, whichever is less. Attachment 2 illustrates the relationship between the parcel boundaries and the ridgeline defining the Falls Lake basin. The Planning staff has evaluated the survey in conjunction with the GIS topographic data and believes that the location of the ridgeline indicated in the survey is correct and accurate. Based on that evaluation, I am prepared to make a determination that the survey represents a more accurate boundary of the Falls/Jordan Protected Area (F/J-B) and that the subject properties are not within the Falls Lake basin. The total area of the parcels, which does not drain to Falls Lake and would be removed from the F/J-B, is 9.72 acres. Please note that this request does not suggest a new location for the normal pool of Falls Lake. The survey noted above seeks to more accurately locate the drainage basin ridgeline. EMC Approval Required. The North Carolina Division of Water Quality has informed Durham County that changes in Durham s watershed overlay district boundary require Page 2 of 6

3 State approval. The North Carolina Administrative Code, in Rule 15A NCAC 02B.0104(o), states that all revisions (expansions and contractions) to the EMC adopted critical and protected area boundaries, or to the local government s interpreted critical and protected area boundaries, must be approved by the EMC prior to adoption by the local government. Alternatives. The Board of Commissioners may elect to not authorize the Planning Director to submit the proposed watershed overlay boundary changes to the EMC for approval. This would effectively refuse Mr. Sorrell s request for a watershed interpretation. Contact. Steven L. Medlin, AICP, x28223, Steve.Medlin@DurhamNC.gov and Kathleen Snyder, X28269, Kathleen.Snyder@DurhamNC.gov Attachments Attachment 1, Sorrell Property Context Map Attachment 2, Sorrell Property, Ridgeline Survey Attachment 3, Sorrell Property, Proposed Interpreted F/J-B Area cc: Lowell Siler, County Attorney Page 3 of 6

4 Attachment 1, Sorrell Property Context Map Page 4 of 6

5 Attachment 2, Sorrell Property Ridgeline Survey Page 5 of 6

6 Attachment 3, Sorrell Property, Proposed Interpreted F/J-B Area Page 6 of 6

CITY OF DURHAM DURHAM COUNTY NORTH CAROLINA. Zoning Map Change Report. RR Existing Zoning. Rural Rural Density Residential Site Characteristics

CITY OF DURHAM DURHAM COUNTY NORTH CAROLINA Zoning Map Change Report Meeting Date: February 26, 2007 Reference Name Arrowhead () Jurisdiction County Proposed Zoning RR Existing Zoning RS-20 Request Proposed