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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19 34 property to encompass the phase 2 level, as well as the State buffer. She said the Town did not go further into the County setbacks, as it held public hearings at that time. She said the Town is working with the State to put its properties into a restrictive deed, which are areas well outside the buffer that the State wants the Town to maintain. She said the restrictive dead includes no trespassing, no swimming, hunting, fishing, and camping. She said the Town is required to post signage to this effect. Marie Strandwitz said the Town has not sent any letters of commendation. PUBLIC COMMENT Amber Broadwell said she has lived in the area for some time, and has fished the entire time, and she wants to know why fishing is not allowed. Marie Strandwitz said the State will not allow these types of activities, per the permit that was obtained in the 1990s. She said it requires the Town to keep protection of its water supply, which is why the County is having extra setbacks. She said it is a watershed protection area, and is the water supply for the Town. She said people may have been fishing for years, but should not have been doing so. Calvin Parrish asked if it is known who would be financially responsible, if a septic tank needs replacing. Michael Harvey said he feels inadequate to answer the question, but if the septic system fails, there is no provision in the UDO mandating the Town to pay for this. Commissioner Price asked if the expansion is expected to affect septic tanks. Michael Harvey said he does not have data to definitively answer that question, but the setbacks are in place to avoid such issues. He said such issues would have to be addressed as they arise. Commissioner McKee asked if staff knows if any of these septic fields will be submerged by the new water level. Michael Harvey said no, based on the information he has, there should be no submerging of septic fields. James Kennedy said this amendment will devalue the properties. He said any restriction to a property will scare off buyers. Chair Rich said currently these properties are following the UFO. Michael Harvey said the restriction has existed since 1997, and staff is not adding a restriction but rather clarifying what constitutes an existing lot and existing development for the purposes of permitting. A motion was made by Commissioner Bedford, seconded by Commissioner McKee to close the public hearing. (Note that, because this is a legislative decision, additional comments at a later date are permitted). Michael Harvey said since this is not quasi-judicial process, he said there can be additional comments made after the hearing is closed. Commissioner McKee said he was around when this reservoir was planned and built, and it was contentious to the point that there were threats of vigilante action. He said perhaps the Town should have put easements up to the setbacks, but that is irrelevant at this point. He said he wants to make sure that residents are not adversely affected. Commissioner Price asked if the BOCC must make a decision tonight, or can it just close the public hearing. Michael Harvey said staff has made a recommendation, but the BOCC can close the hearing and take whichever action it sees fit.