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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Attachment 3 10 1 DRAFT—EXCERPT OF MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 FEBRUARY 5,2020 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Representative; David Blankfard (Vice-Chair), Hillsborough 7 Township Representative; Adam Beeman, Cedar Grove Township Representative; Kim Piracci, Eno Township 8 Representative; Susan Hunter, Chapel Hill Township Representative; Patricia Roberts, Cheeks Township 9 Representative; Randy Marshall, At-Large Representative; Hunter Spitzer, At-Large Representative; Carrie Fletcher, 10 Bingham Township Representative 11 12 MEMBERS ABSENT: Melissa Poole, Little River Township Representative; Gio Mollinedo, At-Large Representative; 13 Hathaway Pendergrass,At-Large Representative 14 15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor 16 17 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—EROSION CONTROL PERMITS-To make 18 a recommendation to the BOCC on proposed amendments to the LIDO pertaining to the West Fork on the Eno reservoir 19 to address concerns over reservoir setbacks. This item was introduced at the November 6,2019 ORC meeting and is 20 scheduled for BOCC public hearing on March 10, 2020. 21 22 PRESENTER: Michael Harvey, Current Planning Supervisor 23 24 Michael Harvey reviewed the abstract and proposed changes to the UDO and provided the Board within an updated 25 Attachment 4, an updated copy of the proposed amendment package. 26 27 Lydia Wegman: Does this amendment allow someone to expand an existing septic system or residence closer to the 28 reservoir? 29 30 Michael Harvey: No. Under Section 4.2.2 (F) you can make repairs to existing residences and septic systems and 31 even expand same but you cannot, in my mind, go closer to the actual reservoir. We do, however, want to recognize 32 the legal viability of the development and not penalize property owners for abiding by applicable rules at the time they 33 located their residences or septic systems. 34 35 Adam Beeman: Is there a discrepancy in the maps provided in the package? It seems the reservoir actually includes 36 property north of Carr Store Road. 37 38 Michael Harvey: The reservoir does extend north of Carr Store Road correct. That is why we have the revised map(s) 39 in your packet. Sorry for the confusion. 40 41 Hunter Spitzer: Why is the Town of Hillsborough not required to own the required buffer area? 42 43 Michael Harvey: (If you are referring to the required 150 ft.and 300 ft.setbacks for buildings and septic systems)State 44 law does not mandate the Town own the area required to comply with the established setbacks. That is one reason 45 for the amendment. 46 47 Craig Benedict: There probably should have been an easement required to ensure the area was protected by the 48 Town. And the Town had to negotiate with these property owners to secure the property necessary to accommodate 49 the reservoir. 50 51 Michael Harvey: This is one reason the County has regulations governing what constitutes existing development and 52 existing parcels when addressing compliance with required reservoir setbacks. 53 54 Patricia Roberts: Can someone replace an existing manufactured home with a stick built or modular residence?