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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Article 4: Overlay zoning Districts Section 4.2:Watershed protection 44 ■ PROTECTlON OVERLAY DISTRICTS rGENERAL LOCATION reservoirs: Lake Orange(615'NPE and contour line used) and West Fork on the Eno(643.9'NPE,6440'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 lanimetrio project approved by Orange County 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 basil 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 Creels which is HYCO-PW Protected Watershed located in Orange County- Overlay District Fiat 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-17 W 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(8)(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 (2) 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 February__11. 1997 with respect to the Town of Hillsborough purchase of property associated with expandin4 the West Fork of the Eno reservoir; o 1 The UDO made reference to what was identified as the normal pool elevation of the reservoir. Based on recent Information from the Town,the expansion of the reservoir will result In a normal pool elevation of 643.9 ft. Staff is tweaking existing language to reference the correct normal pool elevation and identify the methodology staff will utillze to map the new boundary of the reservoir for regulatory compliance purposes, 2 This language is consistent with how the UDO currently references what constitutes'existing development'. What the proposal does is formalize what constitutes existing development as it relates to the West Fork on the Eno. Orange County, North Carolina—Unified Development Ordinance Page 4-3