NSN ORD-1995-003 Proposed Zoning Ordinance Text Amendment Article 6.23 - IX-A

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..�. v v .{r •V VV veer.r{wr.... YI{,11..{Y v[ +.....r7�.a. ..V. A {.{/ x14. ..♦./v v.,TZ4"t l . VV 19 Orange County Setback Requirements September 16, 1994 Page 2 This proposal is similar to the amendment considered last spring, except that administrative variances could only be granted upon specific staff findings listed in the ordinance (see attached). Any variances not granted through this administrative review could still be submitted to the Board of Adjustment, iscussion OWASA's opposition to the original proposal in February, 1994 was due to concern for possible effects on University Lake and Cane Creek Reservoir. Subsequent analysis by OWASA and County staff(see June 28, 1994 Orange County staff response, attached) indicated that the proposed amendment for lots created before January 1, 1994 would be unlikely to affect any property at Cane Creek or University Lake, Only three undeveloped lots of less than 10 acres in size (5.2, 5.9, and 7.0 acres) exist within 300 feet of Cane Creek Reservoir, and County staff believe that sufficient area exists on all three of these to meet existing setback requirements without a variance. County staff also point out that no variance requests have been received in the University Lake watershed, where the current (stringent) setback rules have been in place for almost 10 years. This is due is part to larger lot sizes those than at Lake Orange and to the existence of substantial shoreline buffers already in public ownership around University Lake. By contrast, County staff estimate that the owners of from 50 to 70 existing one to two-acre lots will apply for Board of Adjustment variances to building or septic system setback requirements around Lake Orange, Recmumenedation It is My professional opiniorn that, if adopted, the strategy proposed in the September 6 Commissioners' agenda would represent no discernable threat to the water quality of OWASA's University bake and Cane Creek Reservoirs, pzmculardy if the required findings of the ordinance included an additional item requiring the Orange County Health Department to verify that no existing water quality problems in nearby or adjacent waterbodies were attributable to malfunctioning septic systems installed under previously issued setback variances, Next SIC21 The September 6 strateg%has been referred to the Orange County Planning Board for development of a Ordinance Amendment to be presented at the Commissioners' quarterly public hearing sch for November 28, 1994. Edward A. Holland, AICP Director of Planning and Development I