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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3 This proposal was reviewed at the November 6, 2019 Ordinance Review Committee (ORC) meeting. Notes from this meeting are contained within Attachment 2. 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 minutes from this meeting, as well as the Planning 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 feet to 643.9 feet. This was based on data from the Town. The amendment package now reflects the Town's corrected NPE for the reservoir of 642 feet resulting in a slight the 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 UDO Text Amendment, as contained within Attachment 6. As a reminder, staff was directed to provide additional information related to development opportunities and constraints for a parcel of property located at 2520 Carr Store Road (PIN 9848-51-5777) owned by Mr. Robert Bush and Ms. Tabetha Trogdon. This information, supplied at the original public hearing, is contained within Attachment 8. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Existing staff, included in the Departmental staffing budget, will accomplish the work required to process this amendment. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies.