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

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4 If adopted, the proposed amendments will: Continue Orange County's long history of water resource and environmental protection, especially in the Upper Eno and Seven Mile Creek confluence natural areas. Portions of the Seven Mile Creek and Upper Eno areas h«ve been designated significant natural heritage areas and the County currently owns more than 300 acres in these areas for the purpose of permanently protecting the lands through open space. Planning staff has worked with staff of ERCD on these proposed amendments. • Release some lands identified for growth and economic development in the Efland area from "Critical Area" designation. • Accurately reflect the fact that potential reservoir sites were designated for protection in 1994 while the-Town of Hillsborough was deciding where to site its needed reservoir. The Town's reservoir has since been constructed and the Town has no plans to site an additional reservoir. Attachment 8 contains a chart showing the basic zoning regulation differences between the "Protected" and "Critical Area" designations. The most salient differences between the two designations are maximum density and impervious surface limits. Zoning Officer Analysis As required under Section 20.3.3 of the Orange County Zoning Ordinance, the Zoning Officer is required to: `cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. In analyzing this proposal, the following information is offered: 1. Staff was authorized by the BOCC at the October 13, 2009 work session to initiate the proposed amendments in order to further implement the adopted Efland-Mebane Small Area Plan. 2. The request for the amendments has been deemed complete in accordance with the requirements of Article 20 of the Zoning Ordinance. 3. The proposed language will bring the Zoning Ordinance and Comprehensive Plan. Text up-to-date in regards to current reservoir plans in the Upper Eno watershed. Additionally, the proposed language will provide protection to sensitive water resources that flow into water supply reservoirs. 4. Applying the proposed language to the Watershed Protection Overlay District will result in an up-to-date Zoning Atlas and Comprehensive Plan Land Use Element Map upon which citizens can rely because of technical and descriptive language. 5. The amendments correct inconsistencies between the Zoning Ordinance text and Zoning Atlas (map). Notification Procedural Requirements In accordance with Articles 2 and 20 of the Zoning Ordinance, the public hearing for this item was advertised consistent with the requirements of the Ordinance. Legal ads were placed in two newspapers of general circulation in the County for two (2) successive weeks; notices were mailed to affected property owners and property owners within 500-feet of affected properties; and a total of 40 signs were posted in strategic areas of the affected areas, in accordance with State statutes. Attachment 5 includes the following: