Agenda - 03-10-20; 5-a - Unified Development Ordinance (UDO) Text Amendments – Clarification of Setbacks from the West Fork on the Eno Reservoir

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Article 4: Overlay Zoning Districts 19 Section 4.2:Watershed Protection §143-214.5. In accordance with the State Mandate, 13 Watershed Protection District Overlays, as listed in the table in subsection (D), are hereby established. (C) Areas designated as "Critical Area" under the Orange County designation are hereby established using the following criteria: (1) The land area in the Upper Eno watershed (straight line distance)within one-half mile of the normal pool elevation (NPE), or nearest available contour line used for the calculation, of an existing Class I or Class II reservoir or proposed water supply reservoir designated for protection, or the ridgeline of the sub-watershed, whichever is less; and (2) The land area within one-half mile on each side for an upstream distance of 2.5 miles (straight line distance) of any fifth order or higher stream flowing into a Class I reservoir, or the ridgeline of the sub-watershed, whichever is less; and (3) The land area within one-half mile on each side of a fourth order or higher stream flowing between any Class 11 and Class I reservoir; and (4) The land area within one-half mile on each side for an upstream distance of 1.5 miles (straight line distance)of a third or fourth order stream flowing directly into any Class I reservoir; and (5) The land area within one-half mile on each side for an upstream distance of 1.0 mile (straight line distance)of a third or fourth order stream flowing into a fourth order or higher stream that is within 1.0 miles (straight line distance) of a Class I reservoir; and (6) Any isolated areas within the overall critical area boundary that drain into any of the streams listed above. (7) Areas designated as Transition Areas on the Land Use Element Map of the Orange County Comprehensive Plan are excluded from designation as a Critical Area, except for land areas located within one-half mile from the normal pool elevation of a Class I reservoir. (8) The land area north of the centerline of West Ten Road and west of the centerline of the Interstate 85/U.S. 70 Connector is excluded from designation as a Critical Area, except for land areas located within one-half mile from the normal pool elevation of a Class I reservoir. (D) The designation of"Protected"applies to areas of watersheds classified as WS-II, WSIII, or WS-IV outside of areas designated as "Critical Area." (E) General Locations of Watershed Protection Overlay Districts TABLE 4.2.2.E:WATERSHED PROTECTION OVERLAY DISTRICT GENERAL LOCATION UNIV-CA University Lake Critical One-half mile from the normal pool elevation of University Lake, or to Area the ridgeline of the watershed,whichever is less. University Lake The portion of the drainage basin of University Lake not covered by UNIV-PW Protected Watershed UNIV-CA. Overlay District CANE-CA Cane Creek Critical Area One-half mile from the normal pool elevation of Cane Creek Reservoir, Overlay District or to the ridgeline of the watershed, whichever is less. Cane Creek Protected The portion of the drainage basin of Cane Creek Reservoir not CANE-PW Watershed Overlay covered by CANE-CA. District One-half mile from the normal pool elevation, or to the ridgeline of the watershed,whichever is less, of the following Class I reservoirs: U-ENO-CA Upper Eno Critical Area Corporation Lake(538' actual NPE, 540'contour line used)and Lake Overlay District Ben Johnson (515' NPE and contour line used). One-half mile(straight line measurement)from the normal pool elevation, or to the ridgeline of the watershed,whichever is less, of the following Class II Orange County, North Carolina—Unified Development Ordinance Page 4-2