Agenda - 09-01-20; 6-a - Unified Development Ordinance (UDO) Text Amendments – Clarification of Setbacks from the West Fork on the Eno Reservoir

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i, 27 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 address current inconsistencies within the UDO relating to the definition of what constitutes 'existing lots' and/or 'existing development' with respect to compliance with applicable reservoir setbacks. This amendment should likely have been completed in 1997 when the Town was purchasing property to establish the reservoir. Planning Board Recommendation: At its February 5, 2020 regular meeting, the Planning Board voted unanimously to recommend approval of the Statement of Consistency and the proposed UDO text amendment. Excerpts of the draft minutes from this meeting, as well as the Board's signed Statement of Consistency, are included in Attachment 3. Agenda materials from the meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26. It should be noted the amendment presented to the Planning Board referenced changing the NPE for the West Fork on the Eno from 643 ft. to 643.9 ft. This was based on data from the Town. The amendment package now reflects the Town's corrected NPE for the reservoir of 642 ft. resulting in a slight reduction in the 150 ft. (structure) and 300 ft. (septic) setback areas around the reservoir. Planning Director Recommendation: The Planning Director recommends approval of the Statement of Consistency, as contained in Attachment 5, and the UFO Text Amendment, as contained within Attachment 6. Michael Harvey made the following PowerPoint presentation: ITEM 5 (a) - PUBLIC HEARING Unified Development Ordinance (UDO) Text Amendment —West Fork on the Eno Reservoir Setbacks Background: • County enforces setbacks for structures and septic systems as part of its Watershed Management Protection Program (Section 4.2 of the UDO inclusive) from a reservoir; • Structures are required to be 150 ft. and septic systems are required to be 300 ft. from the Normal Pool Elevation (NPE) of a reservoir; — STAFF COMMENT: We currently exceed State minimum requirements. • NPE of the reservoir is defined/referenced within Section 4.2.2 (E) of the UDO; West Fork of the Eno (aerial map) Background (continued) • Section(s) 4.2.2 (F) and (1) establishes applicability of setback standards, specifically: Section 4.2.2 (F) Existing Development - structures/septic systems installed prior to establishment of final reservoir boundary (i.e. NPE) can be replaced provided same: does not result in an increase in the amount of impervious surface. and does not encroach any farther into stream buffers or setbacks from reservoirs than the previous development. — Section 4.2.2 (1) Existing Lots - lots legally created prior to the establishment of the final boundary (i.e. NPE) of a reservoir;