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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: May 15, 2018 <br /> Action Agenda <br /> Item No. 8-d <br /> <br />SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment <br />Outline and Schedule – UDO Text Amendments Clarifying Impervious Surface <br />Regulations <br /> <br />DEPARTMENT: Planning and Inspections <br /> <br /> <br />ATTACHMENT(S): INFORMATION CONTACT: <br />1. UDO Amendment Outline Form 2018-06 – <br />Clarify and Update Impervious Surface <br />Regulations <br />Craig Benedict, Director, 919-245-2575 <br />Michael Harvey, Planner III, 919-245-2597 <br /> <br /> <br />PURPOSE: To consider and approve process components and schedule for proposed <br />amendments to the Orange County Unified Development Ordinance (UDO). <br /> <br />BACKGROUND: The Planning Director has initiated text amendments to the UDO intended to: <br />1. Clarify existing regulations related to the enforcement of impervious surface standards <br />on subdivisions platted and developed before January 1,1994, and <br />2. Modify existing standards governing the transfer of imperious surface area between <br />parcels located within the same watershed protection overlay district. <br />Current regulation(s) require subdivision applicants to identify the cumulative amount of <br />allowable impervious surface area on a parcel and subtract proposed road surfaces (public or <br />private roads). Once roadways are subtracted, the remaining area is distributed amongst the <br />proposed individual parcels. <br /> <br />Unfortunately the majority of subdivisions approved and recorded before 1994, the year the <br />County implemented county-wide watershed protection regulations, did not abide by this <br />practice. As a result impervious surface area within roads has to be included within the <br />calculation of allowable impervious surface area for a parcel on which they are located. <br />Concerns have been expressed this unduly restricts development opportunities. <br /> <br />Existing regulations also permit the transfer of impervious surface area between parcels with the <br />establishment of a conservation easement in accordance with State law. Per existing <br />regulations the parcels have to be adjacent to one another. <br /> <br />Staff believes there is an opportunity to modify existing regulations to address unintended <br />impacts. For more information please refer to Attachment 1. <br /> <br />FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding <br />for the provision of County services. Costs for the required legal advertisement for the text <br />amendment will be paid from FY2018-19 Departmental funds budgeted for this purpose. <br />1