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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49 3. Amendment of Section 4.2.2 (1) Existing Lots of the UDO 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: This section of the UDO is utilized to identify an `existing lot' (i.e. lots legally created prior to the establishment of the final boundary of the reservoir). For the West Fork on the Eno reservoir, an existing lot is one created on or before February 12, 1997 (i.e. the date the Town completed purchasing of property allowing for the expansion of the reservoir). Parcels meeting the definition of an `existing lot' can qualify for an administrative waiver where the Planning Director, in consultation with the Health Department — Well and Septic Division, can modify the 300 ft. reservoir setback for septic systems based on the following criteria: 1. The septic system is sized to serve no more than four bedrooms; 2. The septic tank, drainfield and repair area can be accommodated on 20,000 square feet of area or less; Staff is required to officially determine the encroachment of the septic system/repair area into the reservoir setback is necessary in order to provide adequate area for septic disposal and repair while maintaining required separations between wells, septic systems, structures and property lines and that the relative locations of the well, septic system and structure maximize the amount of watershed protection that can be achieved while allowing development of the lot. Per the UDO, the amount of encroachment into the reservoir setback buffer is the minimum amount which can be obtained while meeting applicable criteria. IMPACTS: The lot was originally created with the recordation of a plat within Plat Book 77 Page 126 of the Orange County Registrar of Deeds Office on February 11, 1997. This plat was associated with the Town of Hillsborough purchasing property for the reservoir. With the recording of this plat (i.e. Plat Book 77 Page 126) the parcel (Original PIN 9848-51-1449) was approximately 31 acres in area and qualified as an `existing lot' under Section 4.2.2 (1) of the UDO. The parcel has been subdivided a total of 3 times from 1997 to 2018 resulting in the property as it exists today. The property does not qualify as an `existing lot' under the provisions of Section 4.2.2 (1) of the UDO, meaning an administrative waiver allowing for the reduction of the reservoir setback for a structure or septic system cannot be granted by staff. It should be noted the lot ceased to qualify as an `existing lot' when subdivided in 2000 by the former property owner. If the current property owner seeks to modify applicable setbacks (i.e. 150 ft. for structures and 300 ft. for septic systems), they will have to apply for a variance in accordance with provisions of Section 2.10 of the UDO. Attachment 3 provides copies of the various plats associated with the property.