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 20 Section 4.2:Watershed Protection TABLE 4.2.2.E:WATERSHED PROTECTION OVERLAY DISTRICT GENERAL LOCATION reservoirs: Lake Orange(615' NPE and contour line used)and West Fork on the Eno(643'642' NPE, 640'642' contour line used)'; and the land area within one-half mile(straight line measurement)on each side of other streams designated for protection. These protected streams include portions of: Eno River, Seven Mile Creek, West Fork of the Eno River, East Fork of the Eno River, Rocky Run, Stream ID 1625, Stream ID 1498, Dry Run Creek, Crabtree Creek, and Stream ID 2109. (Source of elevation data: Atlantic Technologies Ltd., 1998 planimetric project approved by Orange Count GIS). U-ENO-PW Upper Eno Protected The portion of the Upper Eno drainage basin not covered by U-ENO- Watershed Overlay CA. Lower Eno Protected The Orange County portion of the Eno River Watershed within ten L-ENO-PW Watershed Overly miles of the City of Durham Emergency Water Intake east of US 501 Roxboro Road . Little River Protected The portion of drainage basin of the Little River Reservoir which is LITTLE-PW Watershed Overlay located in Orange County. District Back Creek Protected The portion of the drainage basin of Back Creek which is located in BACK-PW Watershed Overlay Orange County. District South Hyco Creek The portion of the drainage basin of South Hyco Creek which is HYCO-PW Protected Watershed located in Orange County. Overlay District Flat River Protected The portion of the drainage basin of the Flat River which is located in FLAT-PW Watershed Overlay Orange County. District Haw River Protected The portion of the drainage basin for the Haw River which is located in HAW-PW Watershed Overlay Orange County District Jordan Lake Protected The Orange County portion of the Jordan Lake Watershed which JORDAN-PW Watershed Overlay extends five miles from the normal pool elevation of the impoundment. District (F) Existing Development The following residential or non-residential structures shall be considered existing development for the purpose of determining compliance with or applicability of Sections 4.2 and 6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4, 6.14.10, 6.14.11, and 6.15.7(B)(3): (1) Was either constructed prior to, or constructed in accordance with a valid building permit issued prior to, or was included as part of a Site Specific Development Plan approved by the Board of County Commissioners prior to January 1, 1994; or i The LIDO currently makes reference to the anticipated future normal pool elevation (NPE)of the West Fork on the Eno reservoir,specifically 643 ft. Town of Hillsborough staff originally indicated the expansion of the reservoir would increase the NPE of the reservoir to 643.9 ft. Staff proposed to amend the UDO to reflect this increase which was ultimately reviewed and recommended for approval by the Planning Board. Recently, however,the Town provided new information indicating the NPE of the reservoir would, in actuality, be reduced to 642 ft. Staff has modified the amendment proposal to reflect this change,which will result in less property area being encumbered by required reservoir setbacks. Orange County, North Carolina—Unified Development Ordinance Page 4-3