ORD-2010-025 Upper Eno Watershed Critical Area-Zoning Ordinance

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3 Comprehensive Plan Consistency A Text Amendment to Chapter 5: Land Use Element of the Orange County 2030 Comprehensive Plan is also being proposed to revise existing Conservation Land Use Categories and add additional Categories/D~finiticns to be consistent with the changes proposed for water supply watersheds, reservoirs, and critical area in the Zoning Ordinance. Attachment 2 contains the proposed changes to the 2030 Comprehensive Plan. Attachment 7 contains several supporting Objectives of the 2030 Comprehensive Plan. Rationale For Amendments Rationale for the proposed amendments include: • Matching the Zoning Ordinance text with the Zoning Atlas (map). The present Zoning Atlas does not match the text language, which can lead to disputes. • Clarifying and adding definitions pertaining to watersheds, critical area, and water supply reservoirs. • Using best available technology to map clearly written descriptions of Watershed Critical Areas. • Correcting general typographical errors in Section 4.2.27. • Revising the Watershed Protection Overlay Districts pertaining to "Critical Area." • Protecting headwaters of fragile water supply and groundwater resources. • Improving water quality for consumption and endangered aquatic species. • Ensuring the 2030 Comprehensive Plan and Zoning Ordinance contain similar provisions in regards to Watershed Protection Overlay Districts with this concurrent amendment. Effects of New Criteria The proposed revised criteria in Section 4.2.27 of the Zoning Ordinance will change existing boundaries of Critical Areas in the Upper Eno watershed. If the amendments are adopted, some properties (2,274 acres) will be removed from "Protected" designation and placed into "Critical Area" designation. Other -areas (1,154 acres) will be removed from "Critical Area" and placed in the "Protected" designation. It should be noted that in the Upper Eno watershed, all properties are classified as either. "Protected" or "Critical Area" under the Watershed Protection Overlay District regulations. Adoption of these amendments will result in an increase of designated Critical Areas in the Upper Eno watershed of approximately 8% (13,230 acres in 1994 boundary; 14,350 acres in 2010 boundary, an increase of 1,120 acres). The entire Upper Eno watershed is comprised of approximately 38,500 acres. The protection criteria proposed by staff in Section 4.2.27 is expected to result in the following positive environmental impacts: • Reduced sediment • Slowed eutrophication by reduction of nutrients such as Nitrogen and Phosphorus Larger streams (third order and higher) have been suggested for protection within certain distances from Class I reservoirs because these streams have a: • Greater capacity to transport pollutants • Greater capacity in the event of a spill to rapidly affect a down stream water supply