Charlotte City Council Environment Committee Meeting Summary for June 18, 2007 COMMITTEE AGENDA TOPICS I. Subject: Follow up to “Blue Sky” Discussion No action. II. Subject: Proposed Post-Construction Controls Ordinance No action. III. Subject: Next Meeting – Special: Monday, July 9 at 10:00 a.m. in Rooms 270/271 COMMITTEE INFORMATION Present: Time: Anthony Foxx, Pat Mumford, Susan Burgess, Nancy Carter and Don Lochman 3:30 p.m. to 5:05 p.m. ATTACHMENTS 1. Agenda 2. Presentation: Sustainability and Environmental Business Practices (CMU) 3. Presentation: Discussion on Post Construction Controls Ordinance Environment Committee Meeting Summary for June 18, 2007 Page 2 DISCUSSION HIGHLIGHTS Committee Discussion: Council member Foxx welcomed everyone to the meeting and asked those in attendance to introduce themselves. I. Follow up to “Blue Sky” Discussion Council member Foxx reminded everyone that at the last meeting, the Committee had an open-ended conversation on subjects they would like to take back to the full Council relative to the environment. Julie Burch said staff took the list of ideas from May 21 and prepared a quick response to each item that was included in the agenda packet. Staff wants to get a sense from the Committee about any additional information that might be needed, next steps, what items should be pursued, and if possible, maybe prioritize the list. This is just a first cut. Staff is not going to review each item today, but asks the Committee to please do so over the next few weeks. Doug Bean will be making a presentation today about some of the proactive steps Utilities is already taking with water and wastewater. They are on the cutting edge with the environment as it relates to air and water quality. Utilities is an example of good things we are already doing as an organization. Council member Foxx said he counted 28 ideas from the last meeting. It would be great if we could implement 28 ideas, but that’s not going to happen. We need to do some prioritizing; we also need to talk about the Committee schedule going forward. It would be advantageous to prioritize this list for staff so they can be working on a parallel track with upcoming meetings. Julie Burch added that looking at the list and the Committee schedule, you can see, for example, the Post Construction Controls Ordinance relates to open space and brownfields (also on the list) was just referred to the Committee. There may be some additional items after the briefing to include. She then turned the meeting over to Doug Bean. Doug Bean began his presentation on Sustainability and Environment Business Practices (copy attached). Carter: [Rain Gardens] There were statements that came out of a study by Cambridge Partners that our soil is not conducive to rain gardens due to the clay sediment. Are you finding that to be true? Bean: We have had no experience with that yet. Environment Committee Meeting Summary for June 18, 2007 Page 3 Hammock: We have found rain gardens have worked okay. It could be a construction issue; the soil has not yet stabilized. With proper, attentive care we find they work well. Carter: How much maintenance are you doing? How much does it cost you? Bean: We don’t have enough experience yet to properly answer. Foxx: [Operations] Does the EPA program focus only on departments like CMU or does it apply to other City departments? Bean: Now, I think primarily it is us and stormwater. Carter: The focus on sustainability is escalating; I have seen that with NLC. Bean: We have signed on in support of the EPA initiated program. Carter: NLC is endorsing it. Burgess: [Sustainable Development] Are you doing some construction now? Bean: Yes, the pump station at Briar Creek. Burgess: How do you manage the odor? Bean: 10 years ago, we covered everything and started sending the solids to McAlpine for treatment. By sending them through the pipe we were able to eliminate the odors on site. Burgess: But, now you have odors at McAlpine? Bean: Yes, but we are doing some of the same things to minimize them. Mumford: I applaud your efforts. Is this something you and your management just decided to do; because we are not doing things citywide? How come you guys are out in front? Bean: What we have said at Utilities is we talk about protecting the environment being core to what we do, so we have been seeking ways to further that mission. Mumford: Do you track this on the balanced scorecard? Environment Committee Meeting Summary for June 18, 2007 Page 4 Bean: No, many of these initiatives are in our balanced scorecard, but as you know they are just now becoming Council initiatives. Until you had an environmental focus group, we were doing this without Council direction. But, I hope this fits right in with what you are trying to do and you can take credit for it. Foxx: I think there is some benefit to Council to making intentional choices like green buildings. I’d be interested in looking at the analysis that went into making that decision for large projects we have going on now. In the future, Council may have a policy to build green buildings. Are there other thoughts? Carter: I was just up in Minneapolis and saw their forced filtration plant. They were very proud of their end product that is 99.9% pure, but they had some redundancy. I am sure you do too, but they are not as green as you are and this is something I really want to applaud. Burch: This is just one example; we have some other areas where we are doing some innovative things. You may recall last summer we did some introductory presentations of other areas and we can go back and update those presentations at some point in the future. This is meant to be part of the response as we move forward. We can bring this list back at a later date for priority or other discussion. Foxx: I have a process question about how we get this list of 28 things down to a more defined list of priorities. I’d be open to thoughts from the Committee about how we do that. Mumford: One thought is to look at the things we are already doing. To some degree, we are addressing some of these. Maybe we take that category [things we are doing], take another category that looks at things that are in the short term feasible for staff or by cost or scope and then maybe there are some outside ones that are long term, potentially expensive, and we put those in another category and look at it that way. Burch: We didn’t have an opportunity to do that in time for this meeting. We tried to get some basic information. Mumford: I would suggest we look at some quick successes, some things that need more focus, and some things that may happen over the next year that we don’t want to forget. Carter: I would add the impetus of joining with the County and the State. Foxx: I think CM Mumford has made a good suggestion for our direction. Next Environment Committee Meeting Summary for June 18, 2007 Page 5 time, let’s look at the tiers as he has suggested and come up with a workable framework. I think it would be valuable to the Committee to figure out what the City is doing in each area, like, Engineering and Property Management, Neighborhood Development. It might take longer to compile, but I’d like to see what the City is already doing. Burgess: Maybe we could have a 10-minute presentation from each department at each meeting. It would be a kick-off report. I thought today’s presentation was outstanding. Burch: We can update you on what we did a year ago. We had a presentation then of what is being done in the City. We also have the issue of your meeting schedule. There are some heavy topics before the Committee and brownfields was just referred. Lochman: I think we could just get a list by department of each particular issue that has been addressed, just bullet points. I am more concerned with what we are not doing and how we improve. Burch: The Focus Area initiatives will help us improve. We have a baseline of information that you can look at today. But, we are just embarking on things like green products; this is a work in progress. Foxx: Why don’t we table this issue for now and take it up under schedule. We are already looking at possibly needing six meetings on the next issue. II. Proposed Post-Construction Controls Ordinance Julie Burch reminded the Committee they had a presentation on the stakeholders’ process at their April 23 meeting. This issue was then referred to Committee. We have prepared a notebook to help you keep up with the information. A copy of today’s powerpoint is behind the first tab. There is a lot of information to absorb. Ms. Burch then turned the meeting over to Darryl Hammock. Darryl Hammock began his presentation [copy attached]. Lochman: [Impaired Streams] You mention “State/Federal requirements push us to progressively reverse this condition”; however, later in the presentation I noted you said State requirements are inadequate to meet our needs. Isn’t this a contradiction? Hammock: We have to meet minimum standards set by the State, but those standards don’t always meet our goal. We try to be more proactive than reactive. Carter: Is the dividing line the river basin? Environment Committee Meeting Summary for June 18, 2007 Page 6 Hammock: Yes, a creek or river basin. Carter: Does the blue line represent a healthy stream? Hammock: The State monitors the streams in red. The blue streams are not monitored by the State. Carter: Do we monitor those? Hammock: Yes, we monitor those locally. Mallard Creek (blue) does not meet the standards. Burgess: What about Paw Creek and Reedy Creek? Hammock: They are okay; the area around them is not well developed yet. Foxx: Is there a causal connection other than impervious surface? Hammock: It could be agricultural. By removal of the buffers and cutting - this usually goes hand-in-hand with development. Foxx: There is also a velocity issue? Hammock: Yes, the increased sheer stress can cause the vegetation to rip away. Carter: [Stakeholder Consensus Meets These Four Local Objectives] In number three “help reverse stream impairment,” do we have to advance beyond our normal control responsibility? Hammock: There are some new State minimums for new development that do not apply to existing development. Long term we need to consider how we retrofit redevelopment. Carter: [State Minimum Requirements] Who has to “ensure perpetual operation and maintenance of structural controls?” Hammock: That depends on us. Other municipalities leave it to the homeowner or property owner for maintenance. The stakeholders recommended partial municipal funding for repairs through the stormwater fee. It will be a decision for Council. Burgess: The first bullet says “all” new development. Does that apply to just one home or to large developments? Hammock: I believe it is any development over one acre. Burgess: But, it could be one residence on one acre? Environment Committee Meeting Summary for June 18, 2007 Page 7 Hammock: It comes into play during the permitting process, but I think it is more three or four homes on one acre. Burgess: So, more like a subdivision? Hammock: Yes. Burgess: But, it could be as few as three homes? Hammock: I need to confirm the trigger point, but I don’t think it is one house on one acre lot. Carter: [Stakeholder Recommendation exceeding the State Minimum to Meet Local Objectives] What is the recommended percentage for undisturbed open space? Hammock: It varies, but usually there is 10% to 17½ % of the site undisturbed. I think commercial sites are 10% and single-family residential sites are 17%. Burgess: How does that compare to the current tree save? Brewer: We now have a 10% residential tree save. Burgess: So, we are increasing to 17½ %? Hammock: We will go into that with more detail at a subsequent meeting. Burgess: I’d like to go back to the slide showing the six towns and their adoption status. We are the only entity that has not signed on, why are we signing on two years from now? Hammock: We are considered a Phase 1 community and our schedule differs from the Phase 2 communities. They had to have their NPDES by 2005 and renewed in 2007. We have until 2009. Burgess: When does Mecklenburg County have to have theirs? Hammock: Now, June 30. Burgess: I was at a COG meeting with Jennifer Roberts a few weeks ago and the County approved the huge increase associated with these controls. Hammock: They did. All the towns, but Cornelius approved an accelerated level of investment. We have done cost analysis of ten development scenarios and plan to go Environment Committee Meeting Summary for June 18, 2007 Page 8 into those in more detail with the Committee at the next meeting. Burgess: So, again all seven entities have signed on. Rozzelle: That is accurate. Cornelius is the hybrid, but they have all set the bar high. Carter: Do we know what the impact will be of South Carolina vs. North Carolina with the state of water and IBT? I’m curious of your opinion. Hammock: I don’t know what the outcome of that was. Lochman: I think you have spoken well to cost and obviously this will have some positive results. My experience has been there is less effort put into defining cost, so when you bring back the definitions it will be important for me to know who did the analysis and how they did the analysis. My concern is the economic impact. I’m not suggesting anything; I just want to know about the analysis. Hammock: We have lots of detailed information on the cost analysis we can get to you. Foxx: There is a slide about local redevelopment versus new development. Is there a definition to separate those two? One could argue that infill development permitting is really new development. Hammock: We can get that to you, but a quick way to look at it is if it is woods today and you pave it, that’s new development. If it is a parking lot today and you put a building on it, it is redevelopment. Lochman: Regarding the State minimums, it seems municipalities throughout the State no longer operate to the minimums. Hammock: Concord is a good example of a city that is working outside the minimums. But, a lot of the smaller communities are adopting the minimums and complying with the law. They are different from Charlotte. Burgess: Have we looked at any other technologies to capture water, like cisterns? Hammock: There are some choices we have not discussed. The State has a list of approved bmps that meet their goals and give local municipalities some extra flexibility. We need more data on some of those; we don’t typically approve things that don’t work. I haven’t had any experience with cisterns. There are nine bmps we propose using locally and nine management strategies, so there is some flexibility. Environment Committee Meeting Summary for June 18, 2007 Page 9 Burgess: I think we should give a credit or bonus points to encourage alternative choices. Foxx: That was on our list of 28. Burgess: We give points for meeting with staff, but I think it is important to get the development community thinking and then give them credit. Foxx: Mr. Hammock, thank you for your presentation. III. Next Meeting Council member Foxx then brought up the issue of scheduling. There are at least two more presentations needed on the Post Construction Controls Ordinance and the Committee is not scheduled to meet again until September. The Committee agreed to schedule a July and August meeting as follows: Monday, July 9 at 10:00 a.m. (before Housing & Neighborhood Development) Monday, August 27 at 1:30 p.m. (before Transportation) Meeting adjourned. Environment Committee Monday, June 18, 2007 at 3:30 p.m. Charlotte-Mecklenburg Government Center Room 280 Committee Members: Anthony Foxx, Chair Patrick Mumford, Vice Chair Susan Burgess Nancy Carter Don Lochman Staff Resources: Julie Burch AGENDA I. Follow-up to “Blue Sky” Discussion Staff Resources: Julie Burch and Key Business Staff At the May 21 meeting, the Committee brainstormed several ideas and suggestions for further development of the City’s environmental initiatives. Attached is the list of those ideas as well as a staff response to each. Staff seeks guidance on the next steps. As part of the response, Doug Bean, Utilities KBE, will make a brief presentation about proactive environmental practices in water and wastewater operations. II. Proposed Post-Construction Controls Ordinance Staff Resource: Daryl Hammock, Engineering and Property Management The Council received a briefing and referred the proposed ordinance to Committee on April 23, 2007. Staff will provide more detailed information and context about the proposal as the Committee begins its review to develop a recommendation for Council. Members of the PCCO Stakeholders group have been notified of this meeting. III. Summer Meeting Schedule/Future Agenda Topics There are currently no meetings scheduled in July and August. In addition to the topics under discussion above, the Council has referred the topic of Brownfields to the Committee. Distribution: Mayor/City Council Mac McCarley Environmental Cabinet Pamela A. Syfert, City Manager Leadership Team Keith Henrichs Brenda Freeze Environmental GDP Stakeholders PCCO Stakeholders Environment Committee “Blue Sky” Discussion of May 21, 2007 Preliminary Staff Response I. II. III. Green Space Source: Planning • From a planning and zoning perspective, the City focuses on ensuring development proposals meet guidelines and regulations for providing on-site open space • Tree save, swim buffer, and greenway dedication are the three main tools Planning currently uses to preserve open space • See Attachment 1 for more detailed information on green space including local initiatives that address open space preservation and potential strategies for increasing open space preservation. More collaboration with County and CMS Source: City Manager’s Office • One current example of collaboration on the environment with the County includes the private-public Clean Air Works! initiative to reduce emissions, especially on high ozone days • City staff will be working with County environmental staff to gain the benefits of their expertise as we develop the inventory of greenhouse gas emissions from City operations. • A representative f Mecklenburg County is a regular participant in the City’s Environmental Cabinet staff meetings • Staff will continue to explore additional opportunities for collaboration with both the County and CMS. Catalog Brownfields in Charlotte Source: Economic Development • IV. Per Council’s June 11th referral, staff will brief the Committee at a future meeting. Create an Award(s) for Environmental Stewardship Source: City Manager’s Office • Staff will put together a list of current awards programs related to the environment. With that information in hand, additional opportunities to recognize private, public and non-profit contributors to a better environment can be identified. V. VI. Green Buildings Source: E&PM • Energy monitoring at facilities maintained by EP&M has occurred since 2002. • Energy audits have taken place at a few large City facilities (conducted by the State Energy Office for $600 apiece) • Some recent examples are provided in Attachment 2 Green Infrastructure Source: E&PM • VII. Staff will provide additional information at a later date Green Development Source: Planning • Zoning and subdivision ordinances have little guidance on building materials because such things are not viewed as being in the purview of land use planning • The Environmental chapter of the General Development Policies (GDP-E) recommends that environmental impacts of development be considered and minimized during the site design process • See Attachment 3 for more information and a list of potential future strategies VIII. Need to be Environmentally Creative (like Millennium Park in Chicago) and recognize that actions need to make economic sense IX. X. Can the Charlotte area become a home for green industries/technologies, i.e., a center for sustainability? Source: Economic Development • The City provides assistance to two organizations, Carolinas EcoCrescent and Green and Greater Charlotte, that promote recruitment of green industry and sustainable business practices • Economic Development has joined both organizations and participated in their programs Land Trust/Conservation Easements Source: City Attorney’s Office XI. • Staff has deliberated and discussed this concept with the Catawba Lands Conservancy and could not identify any obstacles to donating land within City limits. • Property owners need to consult with their own accountants or tax experts to determine what restrictions or limitations may apply. Recycling Reforms Source: SWS • XII. The Environment Focus Area Plan contains an objective to implement SingleStream Recycling for residential units by July 2009. Staff is doing additional analysis of the costs and benefits and will be reporting to Council this fall Youth/Lower Income Communities and Environment Source: City Manager’s Office • Staff will provide information about what is currently being done in the school system and other areas of the community at a later date XIII. Lead Based Paint Initiative Source: Neighborhood Development • The City’s Lead Based Paint Program recently received a “Green” rating from HUD and has been recognized as one of the leading LBP programs in the nation. XIV. Neighborhood Based WIFI Source: BSS • The City’s strategy is to facilitate the private sector’s entry into our marketplace • Staff is holding meetings with potential partners to assess the will for creating a formal alliance and issuing an RFP Staff is also examining the business processes associated with access to the City’s right-of-way along with pole attachment requirements in order to make entry into the market easy for potential investors. • • XV. A City provided WIFI network would require at least $20 million in initial capital investment and $5 million annually Performance Contracting Source: E&PM • Performance contracting is having a private firm design and install new heating, lighting, etc. equipment at their cost. The private firm takes the risk that resulting energy savings will recover the cost and bring profit. • This is a good solution under certain circumstances, such as if current equipment is very old or if funding doesn’t exist to regularly replace equipment • The City’s proactive energy management program in place for the 4 million square feet maintained by Engineering & Property Management, most of those buildings have equipment in good to excellent condition, produces significant energy savings to the City each year. • For more information, see Attachment 4 XVI. Affordable Housing Source: Neighborhood Development • The City could decide to give bonus points in project selection for projects exhibiting LEED characteristics. XVII. Look for ways to stay on cutting edge of air and water quality technology/approaches Source: City Manager’s Office • All KBUs make an effort to stay abreast of new technologies in their given areas. • At the June 18th Committee meeting, Doug Bean from Utilities will make a brief presentation to the Committee about several innovative approaches to environment in his area. XVIII. Prescriptive vs. Flexible regulations Source: City Attorney’s Office • City Codes that address environmental issues offer flexibility on how one meets the basic regulations • A developer with a new and innovative approach is allowed to approach staff with the new idea and, if it meets the burden of proof, staff will approve it and the developer may use the new approach. Attachment 1 I. Green Space Source: Planning Committee: “Where and how are we preserving land/greenspace?” Current Approach & Application From a planning and zoning perspective, the City focuses primarily on ensuring development proposals meet guidelines and regulations for providing on-site open space. Tree save and SWIM buffer requirements, along with greenway dedication are the three main tools the Planning Department currently uses to help preserve open space. The draft Post Construction Controls Ordinance (PCCO), as proposed by the PCCO Stakeholder’s group, currently has an open space component. When considering open space preservation, it is important to remember that all property within the City’s jurisdiction is zoned for development, with the lowest intensity use being residential development at a density of up to 3 dwelling units per acre. Likewise, the City’s land use plans typically recommend that specific parcels remain as open space only if: 1) They are owned by the City/County or some other entity that finds such use designation acceptable (eg. Land Conservancy); and/or 2) There are plans to purchase the property for such use; and/or 3) The land is located within the floodplain. Some existing local initiatives that address open space preservation include: • • • • • Floodplain Acquisition – a grant driven program initiated in 2000 that has removed flood damaged structures out of the floodplain. Following demolition, some areas remain open and grow under natural succession; some areas are restored with stream restoration, wetland creation, or stormwater best management practice structures. Floodplain Regulations – restrict development within the regulated floodplains to allow more areas for natural and beneficial uses of the floodplains. Currently, development is heavily restricted, on average, in approximately 75% of the floodplain area. Water Quality Stream Restoration and Pond Restoration Programs – these programs not only result in tree and vegetation planting, but also protect that space in conservation easements. Greenway Master Plan, Parks Master Plan, Nature Preserve Master Plan – these plans were developed by the County and address open space, park and recreation needs in Charlotte-Mecklenburg Central Carolina Conservation Corridors Summary - a GIS map prepared by Mecklenburg County for northern Mecklenburg County identifying critical wildlife corridors so that they can be protected and the natural habitats can be sustained. • Open Space Framework - a conceptual plan intended to act as a reference and guide for preserving land for a wide range of open space benefits. The Framework contains consensus-based principles and criteria to be used by the region’s open space organizations to achieve the vision of an interconnected, multi-faceted open space system by the year 2020. Covering a 14-county, 2-state region, the Framework focuses on 6 types of open space: 1) Natural habitat; 2) Wetlands & floodplains; 3) Farmland & timberlands; 4) Rural heritage & scenic areas; 5) Urban greenspace; and 6) Parks & recreation. Potential Strategies for Increasing Preservation of Green/Open Space • Provide for open space requirements within the draft PCCO or some other development regulation. • Ensure that as the tree ordinance is updated, it includes appropriate tree save and tree planting requirements. • Devote more resources to floodplain acquisition. • Require that future development be restricted in a greater percentage of the floodplain. • Consider using the Open Space Framework as a guide for the City to partner with the County to acquire land for open space purposes. • More aggressively partner with the County to implement greenway plans. • Complete an inventory of environmentally significant areas and seek ways to preserve those areas identified as priorities for preservation. • Consider revising the City’s policy on sale of surplus property to retain ownership of land that could serve as community open space. Attachment 2 V. Green Buildings Source: E&PM Committee: “City needs to be more aggressive and lead by example” Listed below are some examples of recent energy improvements or tests: 1. Energy monitoring of City facilities maintained by Engineering and Property Management since 2002. This information is used to determine what energy improvement projects will be implemented annually. First projects were ones with the largest savings and shortest payback period. 2. Since the late 70’s, the City has experimented with and utilized different technologies and used energy efficient products in building designs and and building construction. When certain experimental systems are judged to save energy and are cost effective, they are used in other facilities. 3. We strive to balance environmental friendly design with capital costs and life cycle costs, to provide the best options possible within available funding. 4. Water atomization system at the Mint Museum of Art. The system eliminated steam boiler used for required humidification. Mint was cited in a recent publication as example of art museum with low utility cost. Low watt halogen exhibit lighting was also installed. 5. Gasification technology for carcass disposal at Animal Control. Installation of this technology was cooperative effort between Engineering – Building Maintenance and NCSU. This technology is commonly used on poultry and hog farms. The City is using it in a municipal setting and working with NCSU and the manufacturer to debug and make ready for use by animal control operations. Natural gas consumption of this type burner is < 60% (conservative estimate) than what we currently use in our standard crematory type unit. 6. Installed microturbines in 2002(paid for by Duke Energy and Piedmont Natural Gas) at Fire Station 23. Cooperative project used microturbines manufactured in California. Units were fuel efficient when running but reliability and availability of qualified service was a problem. Duke, PNG and the City decided to sell the units. The City may try this technology again now that the microturbine industry has a stronger local base. 7. The CMGC was relamped in 1998 to T8 lamps with electronic ballast. The only incandescent bulbs in the CMGC are used on dimmer circuits. 8. The City is currently installing solar assisted hot water heating in Fire Station 39. 9. The use of automated building controls and the City’s ongoing comprehensive efforts to save energy costs by - sound construction/design decisions - sound maintenance and operation - have enabled the City to have a EUI (energy use index) of 65Kbtu/SqFT. This is compared to 131Kbtu/SqFt for NC State Government facilities – 102Kbtu/SqFt for Federal government facilities and 87Kbtu/SqFt for South Atlantic Facilities (data reported from Energy Information Administration) Committee: “Conduct energy audits of city facilities” 1. The North Carolina State Energy Office provides funding for energy audits through a grant. Through them Charlotte gets quality energy audits for approximately $600. E&PM has completed audits at the CMGC, Old City Hall, CMUD – Brookshire Blvd., CMUD General Commerce Drive, CMPD Headquarters, etc. We implement as many of the suggestions as practical taking into consideration - budget, payback and any pending renovations or moving schedules. Committee: “Look for opportunities for green roofs (CMGC?)” 1. Discovery Place was the first opportunity to retrofit a roof to green due to the additional weight of a green roof. E&PM will continue to look for opportunities to green our roofs. Committee: “Switch over to CFLs.” 1. The City has installed energy efficient fluorescent fixtures in most City facilities. Most facilities have fluorescent ceiling mounted fixtures. The City does not mandate CFLs in desk lamps. Committee: “What has Raleigh done?” Charlotte keeps up with practices of other municipalities and the State through our association with the NC State Energy Office. Staff will provide more information about Raleigh at a later date. Attachment 3 VII. Green Development Source: Planning Committee: “30 developers in the area who do energy star building . . . any way to give incentives for this type of development, i.e., green development?” Current Approach & Application Zoning and subdivision ordinances include little guidance in terms of building materials. Planning policy, too, has met considerable resistance from the development community to addressing such issues. In developing the draft General Development Policies for the Environment (GDPE), considerable debate occurred over the issue of green buildings. While the draft policies do not speak specifically to green buildings, or the use of green materials, they do speak to “sustainable sites,” also part of the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. The GDP-E stakeholders recognized site design as being within the purview of land use planning, while building design was not. Rather than suggesting incentives for sustainable sites, the draft GDP-E recommends that environmental impacts of the development be considered and minimized during the site design process. The Mecklenburg County Building Development Commission (BDC) has proposed a fee incentive program for sustainable designed and implemented projects. The proposed program requires legislative approval and a bill has already passed in both the House and Senate to allow the program to be implemented. Development of the program details is expected to be underway by the end of summer. The program would ultimately impact building permit fees in the way of a rebate for completed sustainable building projects. Potential Future Strategies • Promote participation in the BDC Sustainable Design Fee Modification Program • Communities across the country have taken various approaches to providing incentives to encourage green development. Examples of the various types of incentives include: - Expedited plan review - Communication/education/promotion about green projects – For example, one community provides builders signs to post at the job site that informs the general public of the builder’s commitment to environmentally responsible building. They also provide “green logos” for advertisements and elicit media exposure for green projects. - Technical assistance and design guidance - Facilitation of building design charrettes - Financial incentives including grants and reduction of fees (e.g., plan review, building permit) Committee: “How do we preserve the terrain of Charlotte so that it is not all graded flat?” Current Approach & Application The draft General Development Policies for the Environment (GDP-E), provide policy guidance to help ensure that environmentally sensitive areas, including steep slopes and treed areas, are protected and/or development impacts mitigated. Additionally, the policies promote environmentally sensitive site design and include “minimizing site disturbance and related erosion and sedimentation” as a characteristic of such design. Potential Future Strategies • Ensure that as the GDP-E are adopted, they include adequate guidance for discouraging mass grading. This could include adding a policy to directly address preservation of steep slopes, something that was not acceptable to the stakeholder group during the policy development process. Defining the term “steep slopes” was a particularly controversial part of the stakeholder discussion. Attachment 4 XV. Performance Contracting Source: E&PM Engineering & Property Management has reviewed performance contracting as an option for realizing energy cost savings. Performance contracting is contracting with a private firm to evaluate, design, and install new heating, ventilation and air conditioning systems, lighting and other energy saving improvements, at their cost. The private firm takes the risk that resulting energy savings will recover the capital and financing costs of the equipment and a profit, while the City commits to operational and temperature parameters in the buildings, independent measurement and verification of results, and investment grade energy audits required by financing entities. The most direct benefits of performance contracting are that the City would be able to reallocate the funding being used for HVAC and other energy improvements, and perhaps realize a small portion of the energy savings. In contrast, making self-funded, regular energy improvements would allow the City to realize all of the energy savings. Many public agencies use performance contracting. Our review indicates it is a good solution when certain conditions exist, such as: • • • Mechanical and lighting equipment is at the end of, or past, its service life, and in poor condition; Energy costs exceed $1.50 per square foot per year (benchmark from the North Carolina State Energy Office); and Funding and management resources are not available to regularly replace and upgrade equipment in-house. For example, a study was made of a Charlotte Mecklenburg Schools performance contract covering 1.3 million square feet of space. The equipment cost was $5.6 million with projected energy savings of $553,000 per year. “Extra” costs associated with the performance contract are approximately $2.4 million, including finance charges, measurement and verification by the contractor and an investment grade energy audit. A local, independent Professional Engineer concluded that the total, life cycle cost to the school system was greater using a performance contract than it would have been to make the improvements themselves. However, given the circumstances of obsolete equipment and very limited capital investment resources, it was reasonable for the school system to make the improvements through a performance contract. Some four million square feet of space in over 100 City facilities are maintained by Engineering & Property Management. A comprehensive energy management program was begun 9 years ago: • • • • • • The average annual cost of energy is $1.15 per square foot. For comparison, the Building Owners and Managers Association (BOMA) lists the average cost of utilities for a standard office building in 2003 in Charlotte as $1.33 per square foot. 83% of the City facilities operate at least 2 shifts – many (such as fire stations) run 24 hours/7 days a week. Annual appropriations of approximately $400,000 are used to replace and upgrade mechanical and lighting equipment. Equipment in each building is replaced at the end of its service life to minimize overall life cycle costs. As replacements occur, one-quarter to one-half of the funding is used for upgrades to more efficient equipment that will result in energy savings in all future years. Annual savings from improvements total $180,000 (efficiency improvements + rate corrections). Within only a few years, the annual energy savings will be fully recovering the annual $400,000 costs of capital improvements. Last year’s rate structure analysis included a review of enterprise fund accounts and an additional $380,000 in savings was realized. By keeping equipment in good to excellent condition, making use of the full service life, and incurring only incremental costs for more efficiency when replacements occur, the City realizes all energy savings and avoids performance contracting costs, such as financing, audits, and contract administration. In conclusion, performance contracting can be a good method for replacing energy equipment under the right circumstances. However, due to the City’s proactive energy management program in place for the 4 million square feet maintained by Engineering & Property Management, most of those buildings have equipment in good to excellent condition, producing significant energy savings to the City each year. Performance contracting will always be an option for improvements when the circumstances of the individual building might make it the best overall solution. Charlotte-Mecklenburg Utilities Sustainability and Environmental Business Practices June 18, 2007 Environmental Efforts Under Way at Utilities Green buildings Land preservation Resource conservation Environmental education Community awards Operations Sustainable development Green Buildings Environmental Services Facility Expect to be first City LEED-certified building Irwin WWTP ESF Green Buildings Sugar Creek WWTP Exploring green roof technology Green Buildings Exploring LEED-certification for other facilities: Administration Field Operations, West Tyvola Sugar Creek Plant expansion Long Creek Plant Land Preservation Meadow project at Irwin Creek WWTP Migratory bird habitat and native plants Land Preservation Passive recreation at Sugar Creek WWTP Bird watching and walking Land Preservation Lake Norman Intake Lee S. Dukes WTP for watershed protection McDowell WWTP Lake Norman Intake Resource Conservation Reuse of Treated Wastewater Tradition Golf Course Resource Conservation Reuse of Treated Wastewater Opportunity: Mallard Creek Park Resource Conservation Reuse at McDowell Creek Opportunity: City-owned agricultural property Resource Conservation Reuse at wastewater plants Conserves drinking water Resource Conservation Land application of biosolids Recycling on 10,000 acres avoids storage in landfills Resource Conservation Recovering digester methane Methane gas powers on-site digesters Resource Conservation Recovering digester methane Partnerships and grant for methane recovery at McAlpine Resource Conservation High-efficiency vehicles hybrid, low-fuel, electric Resource Conservation Rain Gardens Storm water BMP at McDowell Creek WWTP Environmental Education to about 10,000 people in FY07 Photo by Trent Pitts Photo by Trent Pitts Blue Planet Water Environmental Center Environmental Education National Drinking Water Week School kick-off and symposium for 960 students Environmental Education School, community presentations & festivals Environmental Education School service projects: water-efficient landscaping and other water-related projects Tuckaseegee Elementary Hornets Nest Elementary Thomasboro Elementary Hidden Valley Elementary Westerly Hills Elementary Bruns Avenue Community Awards Poster, Photo and T-shirt contests Environmental Excellence Award Water Star Awards for innovative water conservation Operations Environmental Management System (ISO 14001) Certification at Mallard Creek WWTP EPA Green Infrastructure Initiative ICMA Forum on Sustainability Energy efficiency Recycling Sustainable Development Sugar Creek WWTP Expansion Greenway LEED elements Storm water management Adaptive reuse Green roof Land use planning Vegetative buffers Joint use with community Land conservation Public education Sustainable Development Sugar Creek WWTP Expansion G re en wa y Sugar WWTP Clariant Sustainable Development Long Creek WWTP Mount Holly WWTP Long Creek Pump Station U.S. National Whitewater Center Sustainability and Environmental Business Practices Post-Construction Stakeholders’ Group Name Mark Cramer Chris Micci (alternate) Chuck DiLullo Dale Stewart Dan Duval Edna Chirico (alternate) Rusty Rozzelle Rich Keagy Dan Latta (alternate) Jim Bowen Roy Alexander John McLaughlin Mark Loflin Rick Roti Tim Mead Amy Ringwood (alternate) Mark Houle Tim Bahr Affiliation REBIC Address 1201 Greenwood Cliff, Suite 310 Charlotte, NC 28204 REBIC 1201 Greenwood Cliff, Suite 310 Charlotte, NC 28204 Southern Towns 2834 Patten Hill Drive Matthews, NC 28105 Charlotte Chamber 223 N. Graham St. Charlotte, NC 28202 Marine 8701 Mallard Creek Commissions Rd. Charlotte, NC 28262 Marine P. O. Box 680486 Commissions Charlotte, NC 28216 Mecklenburg 700 N. Tryon St. County & Towns Charlotte, NC 28202 Home Builders 5265 Parkway Plaza, Association Suite 130 Charlotte, NC 28217 Home Builders Haden Stanziale 421 Association Penman St Suite 300 Charlotte, NC 28203 UNC-Charlotte 9201 University City Blvd. Charlotte, NC 28223 SWAC 2538 Jeff St. Charlotte, NC 28205 CMU Advisory 309 East Morehead St. Committee Suite 160 Charlotte, NC 28202 Char.-Meck. 9128 Royal Highlands Planning Court Charlotte, NC Commission 28277 Sierra Club 7322 Versailles Lane, Charlotte 28277 City of Charlotte 7124 Chapparall Ln. Property Owner Charlotte, NC 28215 City of Charlotte UNCC 9201 Property Owner University City Blvd. Charlotte, NC 28223 Subdivision P.O. Box 7007 Steering Charlotte, NC 28241 Committee Commercial Board Cambridge Partners of Realtors 2102 Cambridge /NAIOP Beltway Dr. Suite D Charlotte, NC 28273 Work Number (704) 940-3171 Email cramer@rebic.com (704) 940-3171 micci@rebic.com (704) 969-7984 chuck.dilullo@us.endress.com (704) 376-7777 dstewart@landdesign.com (704) 547-0683 ext 116 groupfive@usa.net (704) 393-4010 echirico@chiricohuber.com (704) 336-5449 rozzers@co.mecklenburg.nc.us (704) 329-0900 rkeagy@stantec.com (704) 373-0534 dlatta@hadenstanziale.com (704) 687-3130 jdbowen@uncc.edu (704) 672-6977 sueroy@prodigy.net (704) 373-7125 jmclaughlin@brwncald.com (704) 537-1541 mloflin@carolina.rr.com (704) 973-4583 rroti@carolina.rr.com (704) 568-0445 tdmead@aol.com (704) 687-4054 ahringwo@email.uncc.edu (704) 556-1990 march@y-wh.com (704) 731-5524 tim.bahr@cambridgepartners.net Discussion on Post Construction Controls Ordinance Environment Committee June 18, 2007 Regulatory Framework Clean Water Act - 1972 -“The objective of this Act is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” NPDES Program administered by State DWQ – 1990’s Municipal Storm Drainage …develop and implement programs to control non-point sources of pollution…. “Phase 1” Cities (1993, >100,000) “Phase 2” 100 Towns statewide (2005, >10,000) Charlotte and “Phase 1” cities – NPDES Permit renewal in June 2007 – Requires post construction controls in June 2009 Environmental Impacts Resulting from Development Unmitigated storm water runoff scours creek banks, degrades water quality, and harms animal habitat Affects streams, lakes, water supplies, and quality of life Increased flows worsen flooding Mitigating these impacts is possible Environmental Effects of Current Controls These conditions result from the unmitigated storm water runoff of impervious surfaces: Stream erosion that results in property loss and silt deposition that chokes streams Citizens call Storm Water Services to repair these conditions Impaired Streams Most of our streams are impaired Environmental Report Card: – Streams not adequately capable of sustaining fish and aquatic life – Streams not fit for secondary human contact State/Federal requirements push us to progressively reverse this condition Stop behaviors that led to this condition Environmental Effects of Current Controls 6,000 unrepaired stream erosion calls Current protection level resulted in stream buffer loss and stream erosion Existing Flood Control Regulations – Provides some flood protection – Not aligned with local standards Floodplain Ordinance – Limits building structures in harms way along Federally Regulated streams Regulated Floodplain re ek Commercial Detention Regulation Br iar C Minor Tributary Briar Creek Watershed and its Tributaries shown in Blue Existing Water Quality Regulations SWIM Buffer Regulation – Protection from tree removal & stream manipulation – Does not meet state minimum – SWIM alone will not protect streams Watershed Protection Overlays – Provides some protection adjacent to Lake Wylie & Mountain Island Lake – Incorporates structural controls like ones required in proposed ordinance Cumulatively, these do not meet state requirements, stop watershed decline, or address flooding problems Lake Wylie is identified in the 2004 Catawba River Basin Plan as Impaired and “nutrient enriched”. The State’s 1991 strategy did not prevent the lake from decline. Minor Tributary Process to Date Council directed participation in stakeholder process 2004-2006 Diverse stakeholder participation Consensus ordinance recommendation reached Each municipality to make own decisions Stakeholder Consensus Meets These Four Local Objectives 1. 2. 3. 4. Comply with State Permit Requirements Address “Wildlife Agency” concerns for the Federally endangered species in the Yadkin Basin Help reverse stream impairment (Regulatory driver and permit requirement) Provide detention for control of flooding and stream erosion Status of Ordinance Adoption Stakeholder Recommendation Mecklenburg County Stakeholder Recommendation with variation Low Impact Development 5 5 Cornelius 5 5 Davidson Huntersville Matthews 5 5 Mint Hill Pineville State Minimum Requirements Plus Buffers 5 Effective date for Towns is June 30, 2007 5 State Minimum Requirements Applies to all new development (new impervious surfaces) Remove 85% of pollution from impervious surfaces using structural controls Provide stream buffer setbacks on most streams Ensure perpetual operation and maintenance of structural controls The State Minimum Requirement Fails to Meet Local Objectives State regulations are not customized to local water quality conditions and drivers The minimum does not address our stream erosion problem The State minimum does not: – address flooding – address existing water quality problems – support growth in the Yadkin River Basin Jordon Lake Example Stakeholder Recommendation exceeding the State Minimum to Meet Local Objectives Wider stream buffer setbacks Requirements for redeveloping areas – Existing problems are caused by existing development Added storm water detention measures – Moderate size increase will address flooding and stream erosion Undisturbed Open Space (Trees) What are the drawbacks of not addressing each local objective? • Difficulty obtaining permits for water/wastewater; slowed annexation; decline of endangered species • Increased cost to fee payers through State mandated restoration programs • Continued growth of flooding and stream erosion problems • Quality of life diminished / economic impact / Less attractive City Proposed Ordinance supports Other City Policy Supports draft policies of the Environmental-GDP and Centers/Corridors Framework Reduces growth of storm water service requests Environment Focus Area Plan – Protect natural ecosystems – Support sustainability Environment Focus Area Plan: Charlotte will safeguard the environment, balancing environmental health, sound fiscal policy, and growth. Policy Alignment Concern over possible conflicts between USDG, Environmental GDP, and Post Construction Controls Costs of Post Construction Ordinance and the cumulative costs of all these regulations Process Forward Be thinking about: Level of Proactivity Who should provide maintenance Applicability First Meeting: • Regulatory Drivers , Existing Conditions, & Local Drivers Second Meeting: • Proposed Regulations and What They Mean & Policy Alignment Third Meeting: • Costs & Benefits Future Meetings: TBD Discussion Daryl Hammock E&PM Storm Water Services dhammock@ci.charlotte.nc.us 704-336-2167 Little Sugar Creek Greenway and Stream Restoration Examples Structural BMP’s are often incorporated into the landscape as amenities Bioretention Areas Constructed Wetland Stream Buffers