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12 <br /> 1 This proposal was reviewed at the November 6, 2019 Ordinance Review Committee (ORC) <br /> 2 meeting. Notes from this meeting are contained within Attachment 2. <br /> 3 <br /> 4 Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: `... <br /> 5 cause an analysis to be made of the application and, based upon that analysis, prepare a <br /> 6 recommendation for consideration by the Planning Board and the Board of County <br /> 7 Commissioners'. <br /> 8 <br /> 9 The amendments are necessary to address current inconsistencies within the UDO relating to <br /> 10 the definition of what constitutes `existing lots' and/or `existing development' with respect to <br /> 11 compliance with applicable reservoir setbacks. This amendment should likely have been <br /> 12 completed in 1997 when the Town was purchasing property to establish the reservoir. <br /> 13 <br /> 14 Planning Board Recommendation: At its February 5, 2020 regular meeting, the Planning Board <br /> 15 voted unanimously to recommend approval of the Statement of Consistency and the proposed <br /> 16 UDO text amendment. Excerpts of the draft minutes from this meeting, as well as the Board's <br /> 17 signed Statement of Consistency, are included in Attachment 3. Agenda materials from the <br /> 18 meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26. <br /> 19 <br /> 20 It should be noted the amendment presented to the Planning Board referenced changing the <br /> 21 NPE for the West Fork on the Eno from 643 ft. to 643.9 ft. This was based on data from the <br /> 22 Town. The amendment package now reflects the Town's corrected NPE for the reservoir of 642 <br /> 23 ft. resulting in a slight reduction in the 150 ft. (structure) and 300 ft. (septic) setback areas <br /> 24 around the reservoir. <br /> 25 <br /> 26 Planning Director Recommendation: The Planning Director recommends approval of the <br /> 27 Statement of Consistency, as contained in Attachment 5, and the UDO Text Amendment, as <br /> 28 contained within Attachment 6. <br /> 29 <br /> 30 Michael Harvey made the following PowerPoint presentation: <br /> 31 <br /> 32 ITEM 5 (a) - PUBLIC HEARING <br /> 33 Unified Development Ordinance (UDO) Text Amendment—West Fork on the Eno <br /> 34 Reservoir Setbacks <br /> 35 <br /> 36 Background: <br /> 37 County enforces setbacks for structures and septic systems as part of its Watershed <br /> 38 Management Protection Program (Section 4.2 of the UDO inclusive) from a reservoir; <br /> 39 Structures are required to be 150 ft. and septic systems are required to be 300 ft. from <br /> 40 the Normal Pool Elevation (NPE) of a reservoir; <br /> 41 — STAFF COMMENT: We currently exceed State minimum requirements. <br /> 42 NPE of the reservoir is defined/referenced within Section 4.2.2 (E) of the LIDO; <br /> 43 <br /> 44 West Fork of the Eno (aerial map) <br /> 45 Background (continued) <br /> 46 Section(s) 4.2.2 (F) and (1) establishes applicability of setback standards, specifically: <br /> 47 — Section 4.2.2 (F) Existing Development - structures/septic systems installed prior <br /> 48 to establishment of final reservoir boundary (i.e. NPE) can be replaced provided <br /> 49 same: does not result in an increase in the amount of impervious surface, and <br />