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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13 28 - An 'existing lot' qualifies for an administrative waiver where Planning ❑irector, in consultation with the Health Department, can modify the 300 ft, reservoir setback For septic systems based on established criteria; Amount of encroachment allowed is the minimum that can be obtained while meeting applicable criteria. IMPACTS OF AMENDMENTS: • Clarifieslupdates the NPE of the reservoir from 643 ft. to 642 ft. - This change will result in a reduction of the amount of land area subject to reservoir setback; • Establishes what constitutes existing development and an existing lot around the reservoir (i.e- development installed, and lots created. prior to February 12, 1997); WHAT THIS AMENDMENT DOES NOT ❑O: • Condemn or take property; Estabtish more restrictive regulations; - Current regulations do not specifically reference expansion of the West Fork on the Eno reservoir. - Staff is currently required to use January 1, 1994 to define existing development/lots {existing language}. • Prevent/restrict property owners from applying for variances from structure/septic setbacks off of a reservoir; - Appropriate fees have to be paid. No guarantee request will be approved. Staff Findings: - The amendment addresses existing deficiencies within the UDC referencing appropriate date for reservoir expansion; - Provides clear direction on what constitutes existing development and/or lot around the West Fork on the Eno Reservoir; - Corrects final NPE of reservoir; - Provides property owners with definitive information on where required setbacks are measured from. PLANNING BOARD RECOMMENDATION: - Reviewed item at its February 5, 2020 regular meeting; Voted to recommend approval - STAFF COMMENT: Amendment referenced changing the NPE for the reservoir from 643 ft. to 643.9 ft. based on data from the Town; Current amendment package corrected to reference the 642 ft. NPE of reservoir; Planning Board does not need to re-review as resulting change constitutes reduction in the 150 ft. (structure) and 300 ft. (septic) calculated setback area around the reservoir (i.e. does not create a more restrictive standard that originally proposed) RECOMMENDATION(S)- The Manager recommends the Board: 1. Receive the request; 2 Conduct the public hearing and accept comment;