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Specifically, the amendments to the Zoning Ordinance would alter a definition and change the <br />existing protected watershed (CANE-PW) and critical area (CANE-CA) overlay districts for Cane <br />Creek. The changes to the definitions section would reflect the special 50% open space <br />standards for the Flexible Development option within the watershed. The changes to the overlay <br />districts would apply a minimum lot size of five acres in the watershed, and allow for up to five lots <br />as small as two acres in size for lots of record as of January 1, 1999. Also, changes are <br />proposed to the Flexible Development section of the Subdivision Regulations to implement these <br />new watershed protection measures for Cane Creek watershed. Specifically, these amendments <br />to Section IV.B.10 of the Subdivision Regulations would amend the open space standards of <br />Flexible Development to recognize these special standards in Cane Creek Watershed, and also <br />clarify other subsections which specify the previous open space percentage. <br />QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS: <br />None. <br />QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD: <br />None. <br />QUESTIONS AND/OR COMMENTS FROM CITIZENS: <br />Mr. Bill Strom, a member of the OWASA Board of Directors, spoke on behalf of the <br />OWASA Board. He stated that forty counties in North Carolina contain portions of WS-II water <br />supply watersheds. Of these forty, Orange County contains almost twice as much in both <br />absolute area and percentage within its jurisdiction as any other county within the State of North <br />Carolina. It is therefore appropriate that Orange County's watershed protection requirements are <br />the most progressive and proactive in the State of North Carolina. OWASA staff provided him <br />with a map showing that aside from certain critical Class I Watersheds, Class II are considered <br />the most important watersheds to protect. A copy of that map is in the permanent agenda file in <br />the Clerk's office. In Orange County we are the stewards of 100% more than any other county in <br />North Carolina. That is the driving force behind this request for rezoning. A copy of his <br />comments along with the map, in their entirety, are in the permanent agenda file in the Clerk's <br />office. <br />Ms. Marie Albright, a resident of this area, spoke in opposition to this proposal. She felt <br />that her land would lose a great deal of its value if this were adopted. She could not give her <br />children anything. She asked the Board of Commissioners to consider her concerns when <br />making their decision. <br />Ms. Joyce Stanford, a resident of Stanford Road, stated that they have been stewards of <br />this land for over 200 years. They have defended the property against the British, the <br />carpetbaggers, and Yankees. For the last 30 years she has been defending this property against <br />OWASA. They have taken her home, dairy business and land. Now they seek to deny her <br />further use of the land left in the watershed by asking for 5-acre zoning. This is a "taking" from <br />her and her descendents. The 5th amendment of the Constitutions guarantees no private <br />property being taken for public use without just compensation. The 5th and 14th Amendments <br />Q:\19981123.doc®