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November 2, 2009 (Work Session) Page 1673 Commerce Department - Proposed Text Amendment - TEXT2009-00011 - Proposed Changes to Chapter 8 Part II - Waterbody Buffer Zone and Public Hearing - 6:30 P.M. Susie Morris, Planning and Zoning Manager, presented the following information related to a proposed text amendment to clarify items in the Waterbody overlay: previous text changes were made to be consistent with the IBT (Interbasin Transfer) that Concord and Kannapolis agreed to for additional water supply; it was determined some of the regulations can be changed, including farm ponds, which will be exempt from the Ordinance if they are not located on a stream; the amendment allows property located in the Waterbody Buffer Zone (WBZ) to be counted towards the minimum lot size, which is contrary to text adopted from "Designing Cabarrus" initiative in 2005; the amendment removes the calculation for the class two streams; and the buffer on either side would be 30 feet with the 10-foot no build for a total of 90 feet. Ms. Morris responded to questions from the Board regarding definitions of farm ponds and class two (intermittent) streams. UPON MOTION of Commissioner Carruth, seconded by Commissioner Poole and unanimously carried, the Board voted to place the following item on the November 16, 2009 Agenda under New Business: "Proposed Text Amendment - TEXT2009-00011 - Proposed Changes to Chapter 4 Part II - Waterbody Buffer Zone". By the same vote, the Board scheduled a public hearing for 6:30 p.m. Commerce Department - Proposed Text Amendment TEXT2009-00009 - Female Chickens (Limited Number) in LDR and MDR Zoning Districts and Public Hearing - 6:30 P.M. Susie Morris, Planning and Zoning Manager, presented information related to a proposed text amendment to address female chickens in the LDR (Low Density Residency) and MDR (Medium Density Residency) zoning districts. She advised County staff researched urban chickens in conjunction with the local foods movement and that the Ordinance currently covers parcels of five (5) acres or more in LDR and MDR zoning districts, which allows livestock to be permitted on those lots. The text amendment addresses the following: (1) clarifies the definition of livestock; (2) provides an exception for female chickens on lots less than 5-acres in size which potentially allows people who live in subdivisions to have female chickens; (3) provides criteria for setbacks for chicken houses and runs; (9) allows people to have a limited number of hens for organic egg production; (5) does not allow on-site butchering; and (6) addresses issues of residential composting. Ms. Morris responded to questions from the Board concerning the following issues: health risks to individuals, nuisance and containment of chickens, having a rooster is a violation of the Ordinance, the limitation of 15 chickens on 2- to 5-acre lots, complaints related to setbacks, bird flu concerns, and enforcement actions against violators of the Ordinance. She advised permits are not required for the chickens or chicken house; however, if the Board wants them permitted, the text can be re-addressed. Susie Morris, Planning and Zoning Manager, presented the following information related to a proposed text amendment to address Commercial Design Standards. The proposed text amendment provides the following criteria: (1) establishes some standards for uses permitted in residential areas; (2) adds additional building materials and allows architectural metal; (3) adds standards to commercial projects located in residential areas; (9) eliminates the Planning and Zoning Commission from having to review every commercial design review; and (5) certain projects would remain in-house and be approved at an administrative level whereas those subject to Appendix B would proceed to the Planning and Zoning Commission for final approval. UPON MOTION of Commissioner Poole, seconded by Commissioner Carruth and unanimously carried, the Board voted to place the Proposed Text Amendment UPON MOTION of Commissioner Poole, seconded by Commissioner Carruth and unanimously carried, the Board voted to place Proposed Text Amendment TEXT2009-00009 - Female Chickens (Limited Number) in LDR and MDR Zoning Districts on the November 16, 2009 Agenda as a New Business item. By the same vote, the Board scheduled a public hearing for 6:30 p.m.