Agenda 5-a - Unified Development Ordinance (UDO) Text Amendments – Enforcement of Nutrient Standards within the Jordan Lake Watershed

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2 Analysis: As required under Section 2.8.5 of the UDO, the Planning Director 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'. The amendments are necessary to bring the UDO into alignment with current DEQ regulatory requirements related to the implementation/enforcement of nutrient reduction strategies within the Basin. As previously indicated the County no longer has the legal authority to implement and enforce same. This amendment does not impact the enforcement of nutrient reduction strategies within the Neuse River Basin or impact the enforcement of water quantity standards (i.e. how much water is leaving a parcel) throughout the county. A copy of the proposed text amendment in contained within Attachment 4. Planning Director Recommendation: The Planning Director recommends approval of the Statement of Consistency, as contained in Attachment 3, and the UDO Text Amendment, as contained within Attachment 4. Planning Board Recommendation: At its January 2, 2019 meeting, the Planning Board voted 9 to 2 recommending approval of the Statement of Consistency and the UDO amendment package. Those recommending against adopting the amendment indicated concern that the State was taking too long to address this issue and felt obligated to register their concerns. An excerpt of the approved minutes from the January 2, 2019 meeting, as well as the Planning Board's approved Statement of Consistency, are contained within Attachment 2. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement for the text amendment will be paid from FY2018-19 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process these amendments. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the proposed amendments to the UDO as detailed in this abstract and attachments; 2. Conduct the public hearing and accept comment on the proposed amendments;