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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48 purchased property allowing for the expansion of the reservoir) and updates existing references to the final normal pool elevation (NPE) of the reservoir, which according to the Town of Hillsborough is now going to be 642 ft. IMPACTS TO THE PROPERTY: The proposed amendments have the following impact on the property: 1. Amendment of Section 4.2.2 (E) General Locations of Watershed Protection Overlay Districts updating references to the NPE of the West Fork on the Eno Reservoir from 643 ft. to 642 ft. STAFF COMMENT: Originally, the amendment referenced changing the NPE for the reservoir from 643 ft. to 643.9 ft. based on data supplied by the Town. Recently, the Town provided additional information to staff indicating the NPE for the reservoir would actually be 642 ft. This results in a slight reduction in the required 150 ft. (structure) and 300 ft. (septic) setback areas around the reservoir. IMPACTS: Less area of the property is encumbered within established structure and septic setbacks for a reservoir. Attachment 2 provides a map denoting the revised setback areas for the property. 2. Amendment of Section 4.2.2 (F) Existing Development of the LIDO to include references to the February 12, 1997 date at which the final boundary of the West Fork on the Eno reservoir was established. STAFF COMMENT: Structures/septic systems installed with valid permits prior to the date the final boundary of the reservoir was established, in this case February 12, 1997, qualify as `existing development'. Existing development is allowed to be `replaced' provided: ... the rebuilding or replacement does not result in an increase in the amount of impervious surface, and does not encroach any farther into stream buffers or setbacks from reservoirs than the previous development. IMPACTS: The property had a 3-bedroom septic system installed in 1987 with a valid permit issued by Orange County Health — Well and Septic Division. This system is considered to be `existing development' and can be maintained as currently located. There was a mobile home on the property prior to February 12, 1997. In 2013 staff allowed the property owner to place a new single-family residence on the property consistent with the location of the aforementioned mobile home, previously removed, as it was viewed to constitute `existing development' (i.e. the mobile home was installed prior to established dates and the replacement did not result in an increase in impervious surface area and did not encroach any farther into the 150 ft. reservoir setback than the aforementioned mobile home). The property owner has already benefitted from the provisions of Section 4.2.2 (F) and the proposed amendment will not impact the existing septic system or residence. The property owner can even expand the existing residence so long as said expansion is outside of the 150 ft. structure setback from a reservoir.