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36 <br /> Phase 2 of the project involves the actual clearing of property and expanding the existing NPE <br /> of the reservoir. The Town has already begun Phase 2 of the project, including land clearing <br /> and increasing the elevation of the dam. <br /> While the Town purchased sufficient property to accommodate the approved expansion of the <br /> actual reservoir, the required reservoir setback could still potentially impact adjacent parcels of <br /> property. Adjacent property owners have expressed concern the UDO does not specifically <br /> reference the expansion of the reservoir, thereby making their properties potentially <br /> nonconforming to applicable watershed management regulations (i.e. required reservoir <br /> setbacks). <br /> In an effort to address this concern, staff proposed a text amendment (Attachment 6) to <br /> reference the expansion of the West Fork on the Eno from the date the Town secured property <br /> allowing for the approved expansion. In consultation with the County Attorney's Office, staff has <br /> determined this date is February 12, 1997. While property owners are still required to abide by <br /> applicable setbacks per Section(s)4.2.9 and 6.13.4 of the UDO, owners will have greater <br /> latitude in demonstrating compliance with applicable standards. This amendment will not <br /> necessarily allow for additional development of structures closer to the actual reservoir. It will, <br /> however, recognize the conforming status of existing development and not arbitrarily make <br /> same non-conforming. The status can be important with respect to property transactions and <br /> mortgage applications. <br /> This proposal was reviewed at the November 6, 2019 Ordinance Review Committee (ORC) <br /> meeting. Notes from this meeting are contained within Attachment 2. <br /> Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: `... <br /> cause an analysis to be made of the application and, based upon that analysis, prepare a <br /> recommendation for consideration by the Planning Board and the Board of County <br /> Commissioners'. The amendments are necessary to address current inconsistencies within the <br /> UDO relating to the definition of what constitutes `existing lots' and/or `existing development' <br /> with respect to compliance with applicable reservoir setbacks. This amendment should likely <br /> have been completed in 1997 when the Town was purchasing property to establish the <br /> reservoir. <br /> Planning Board Recommendation: At its February 5, 2020 regular meeting, the Planning Board <br /> voted unanimously to recommend approval of the Statement of Consistency and the proposed <br /> UDO Text Amendment. Excerpts of the minutes from this meeting, as well as the Planning <br /> Board's signed Statement of Consistency, are included in Attachment 3. <br /> Agenda materials from the meeting can be viewed at: <br /> https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26. <br /> It should be noted the amendment presented to the Planning Board referenced changing the <br /> NPE for the West Fork on the Eno from 643 feet to 643.9 feet. This was based on data from the <br /> Town. The amendment package now reflects the Town's corrected NPE for the reservoir of 642 <br /> feet resulting in a slight the reduction in the 150 ft. (structure) and 300 ft. (septic) setback areas <br /> around the reservoir. <br /> Planning Director Recommendation: The Planning Director recommends approval of the <br /> Statement of Consistency, as contained in Attachment 5, and the UDO Text Amendment, as <br /> contained within Attachment 6. <br />