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HomeMy WebLinkAboutAgenda - 09-07-1999 - 9b~`P ._ *~ ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 7, 1999 Action Agenda Item No. a~-b SUBJECT: TEXT AMENDMENTS: FLEXIBLE DEVELOPMENT PROVISIONS DEPARTMENT: Planning and Inspections ATTACHMENT(S): 1) Administration Recommendation 2) Planning Board Recommendation 3) 5-24-99 Public Hearing Notice 4) 8-23-99 Public Hearing Notice 5) 5-24-99 Draft Public Hearing Minutes 6) July 13, 1999, Planning Board Minutes PUBLIC HEARING: (Y/N) No INFORMATION CONTACT: Karen Lincoln, Extension 2583 Craig Benedict, Extension 2592 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 PURPOSE: To consider proposed text amendments to the Orange County Subdivision Regulations provisions for flexible development and companion amendments to the Orange County Zoning Ordinance. BACKGROUND: Request Amendments to the Orange County Subdivision Regulations, Section II (Definitions), Section II-D-3 (Preliminary Plat Approval), and Section IV-B-10 (Flexible Development) propose changes to delete undesirable aspects of the conservation approach, to enhance preservation of rural character in flexible development subdivisions, and to provide incentives for using the estate lot approach. Proposed amendments to the Orange County Zoning Ordinance define "flexible development" and "open space" in a manner that is consistent with existing and proposed provisions of the subdivision regulations Location The amendments, if adopted, will apply to the entirety of Orange County lying outside of the Rural Buffer and outside the municipalities and their extra-territorial jurisdictions, if any. Existing and Proposed Conditions Existing: • Flexible development conservation option subdivisions have not demonstrated creativity in design to preserve open space as intended by the flexible development provisions and do not reserve/protect any natural areas that would not be protected by other existing provisions in the zoning ordinance and subdivision regulations. • The definition of "Flexible development" includes four approaches to preserving open space in flexible development subdivisions: an "estate" lot approach; a "conservation" approach; a "cluster" approach; and a "village" or modified cluster approach. g:\txtamend\flexdev\ccabs.doc\8-18-991k1 2 • "Open space" in the zoning ordinance is defined with respect to calculating land use intensity ratios for zoning applications and does not include a definition that compliments required "open space" in a flexible development subdivision. Proposed: Proposed amendments: • correct inadequacies of the conservation option to provide subdivisions with intended features of flexible development; • clarify other flexible development provisions including estate lot provisions; and address inadequacies of the conservation option that are common for other flexible development approaches. An attached document giving existing ordinance language and proposed amendments contains staff annotation for each proposed amendment. In summary, proposed amendments to Orange County Subdivision .Regulations, Section II Definitions, Section IV-B-10 Flexible Development and to Orange County Zoning Ordinance, Article 22 Definitions: 1. Delete undesirable elements of the conservation approach and combine the desirable elements of that approach with the cluster approach to create the conservation-cluster (cc) approach; 2. Clarify and define configuration and placement of open space (i.e. contiguous stretches); 3. Add provision fora 100'( cc approach) or 150'( estate approach) buffer along adjacent public roads to enhance preservation of rural character; 4. Modify setbacks and percentage of open space allowed for placement of septic systems; 5. Provide for Internal access for all lots in the estate approach; and 6. Add a definition to the Article II of the zoning ordinance for "Open space (flexible development)". Development Process, Schedule, and Action • Public. Hearing May 24, 1999: Major comments were that flexible development would not be used if those options did not offer some incentive to the developer Draft minutes are attached. • Public Hearing August 23, 1999: Additional amendments addressing comments from the May 24, 1999, Public Hearing were brought back for public comment. • First Action: Planning Board Recommendation: Planning Board reviewed the amendments July 13, 1999, including the proposed amendments presented at the August 23, 1999, Public Hearing. Minutes are attached. • Final Action: Board of Commissioners to consider amendments to the Orange County Zoning Ordinance. FINANCIAL IMPACT: Not Applicable. g:\bctamend\flexdev\ccabs.doc\8-18-99Uc1 3 RECOMMENDATION(S): Planning Board Recommendation: Approval of the proposed amendments to Section II, Definitions, Section III-D-3, Preliminary Plat Approval and Section IV-B-10, Flexible Development per the attached PLANNING BOARD RECOMMENDATION listing of proposed amendments 1 through 6. Administration Recommendation: Approval of proposed amendments to Section-II, Definitions and Section IV-B-10, Flexible .Development per the attached ADMINISTRATION RECOMMENDATION listing of amendments 1 through 5. (Note: the Administration does not recommend amendment 2 in the list of proposed amendments recommended by the Planning Board.) g:\txtamend\flexdev\ccabs.doc\8-18-99Uc1 4 ADMINISTRATION RECOMMENDATION: Proposed Amendments SUBDIV-SION REGULATIONS, ORANGE COUNTY, N. C. SECTION II DEFINITIONS SECTION IV-B-10 FLEXIBLE DEVELOPMENT (Proposed amendments are highlighted in bold underlined; proposed deletions are shown in~t~ilFe##><eeg# print.) g:\textamd\flexdevladminrec. doc\&17-99Uc1 5 AMENDMENT 1 AMEND THE DEFINITION OF FLEXIBLE DEVELOPMENT IN SECTION II DEFINITIONS TO REFLECT CHANGES PROPOSED THROUGHOUT SECTION IV-B-10. A. CLARIFY LANGUAGE AND ADD LANGUAGE TO DEFINITION OF THE ESTATE LOT APPROACH THAT CLARIFIES PROVISIONS FOR OPEN SPACE AND BUILDABLE LOT AREA. B. DELETE THE DEFINITION FOR THE CONSERVATION APPROACH AND ADJUST . C. MODIFY THE NAME OF THE CLUSTER APPROACH TO PRESERVE THE CONNOTATION OF "CONSERVATION" AND ADD LANGUAGE TO THE DEFINITION TO SPECIFY THE CONFIGURATION AND OWNERSHIP OF THE OPEN SPACE. SECTION II. DEFINITIONS Amended FLEXIBLE DEVELOPMENT - A subdivision in which greater flexibility and 7-1-96 .design creativity is encouraged and allowed to preserve agricultural and forestry lands, natural and cultural features, and rural community character that might otherwise be lost through conventional development approaches. At least one-third (33%) of the land within a Flexible Development subdivision must be set aside as open space which may be preserved through: (A) (a) An "estate lot" approach where all land is subdivided. into lots four (4) acres or greater in size, building s{gA-°,~e} lot area including setbacks are established on 50% #s;x of each lot, and the land area outside such Fits area is preserved as open space provided that front and side yard setback areas shall not be counted toward meeting the minimum oxen space requirement except as saecified by provisions of Article IV-B-10 Section D 1 • or (B) ~ ~~ ~~ (c) (s b) A "conservation-cluster" approach where lot sizes are reduced and the land saved through such reductions is preserved as open space on separate lots owned and maintained through a homeowners association, anon-profit land conservancy or unit of state of local government; or (d c) A "village" or modified cluster approach where dwelling units are clustered around a village green and supporting shops, and the village is surrounded by open space; or (e d) Some combination of the above. g:\txtamendlflexdev\admin rec. doc\8-17-99Uc1 6 (QAMENDMENT 2 .AMEND .SECTION IV-B-10, SECTION C.3 (OPEN SPACE STANDARDS) OWNERSHIP OF OPEN SPACE TO CLARIFY LANGUAGE AND TO MAKE LANGUAGE CONSISTENT WITH OTHER CHANGES THROUGHOUT BY A~ SPECIFYING THAT OPEN SPACE PRESERVATION RESTRICTIONS CANNOT BE REMOVED FROM RESTRICTIVE COVENANTS BY THE LANDOWNERS AND B~ CLARIFYING THAT THE ESTATE OPTION IS THE ONLY OPTION OF FLEXIBLE DEVELOPMENT WHICH ALLOWS THE INDIVIDUAL OWNERSHIP OF OPEN SPACE (AND INDIVIDUAL PROPERTY OWNER RESPONSIBILITY FOR MAINTAINING AND PRESERVING OPEN SPACE. SECTION IV-B-10 FLEXIBLE DEVELOPMENT Section C OPEN SPACE STANDARDS C.3 Ownership of Open Space Open space within a Flexible Development may be owned and/or administered by any of the following methods, either individually or in combination. All open space shall be permanently restricted from further subdivision. • Fee simple dedication to Orange County, another unit of local government, the State of North Carolina or a private non-profit land conservancy. • Dedication of conservation easements to Orange .County, another unit of local government, the State of North Carolina or a private non-profit land conservancy. Such easements may apply to a single property owned by a homeowners. association and/or to all or portions of individual lots owned by one or more property owners. • Ownership by a homeowners association where specific development restrictions and maintenance requirements are included as part of its bylaws and as irrevocable articles of restrictive covenants. • Ownership by individual property owners; e~spesially of estate lots ewflefs .only, where specific development restrictions and maintenance requirements are included as part of restrictive covenants and/or permanent conservation easements applicable to such lots. Where conservation easements have been dedicated prior to application for approval of a Flexible Development proposal, the land subject to the easement may be counted toward satisfying the thirty-three percent (33%) open space requirement provided it is a portion of and in the same ownership as the land to be subdivided. g:\textamd\flexdev\adminrec.doc\8-17-99Uc1 7 a? AMENDMENT 3 AMEND SECTION D.1 ESTATE LOT OPTION TO A~ REDUCE THE MINIMUM LOT SIZE FROM 4 ACRES TO 3 ACRES WITH AVERAGE LOT SIZE OF 3.5 ACRES; B~ CLARIFY WHAT MAY BE COUNTED AS OPEN SPACE; C~ REDUCE THE ALLOWABLE AREA IN THE OPEN SPACE THAT MAY BE USED FOR SEPTIC EASEMENTS FROM 5O% OF THE AREA IN OPEN SPACE TO 25%; D~ INCREASE SPACING REQUIREMENTS TO ENHANCE RURAL CHARACTER; E) DELETE CONFLICTING PROVISIONS; F) PROVIDE INTERNAL ACCESS TO ALL LOTS; AND G) PROVIDE A 150 FT. BUFFER ALONG FRONTAGE OF EXISTING STATE ROADS ADJACENT TO THE SUBDIVISION BOUNDARY. SECTION IV-B-10 FLEXIBLE DEVELOPMENT Section D DEVELOPMENT STANDARDS Flexible Development subdivision plats shall be prepared in accordance with one or more of the following development options. D.1 Estate Lot Option For lots created as part of an estate lot development, the following standards apply: (A) • Each estate lot shall have a minimum lot size of at least #e~-(4~ three 3 acres with an average lot size of three and one-half~3.5) acres for all lots. • For each estate lot, a building envelope (buildable area) shall be defined of sufficient size to accommodate asingle-family detached dwelling and customary accessory uses, including, but not limited to, storage buildings and garages, patios and decks, lawns, and driveways. • The building envelope of an estate lot may not exceed fifty percent (50%) of the total lot area and shall not include designated Primary and/or Secondary Conservation Areas. (B) Only the area outside of the building envelope of an estate lot may be counted toward meeting the minimum open space requirement. The open space area shall be contiguous to open space designated on the adjacent IotL) and shall not include required front yard and side yard setbacks unless the front or side yard contains significant primary or secondary conservation areas. ~~) • Aseptic system and/or well site may be located outside of a building e+~epe lot area provided it does not occupy more than ~qa#-one ua arter of the conservation area nor any part of a Primary Conservation Area. g:\textamd\flexdevladminrec.doc\&17-99Uc1 8 AMENDMENT 3(CONT.~ (D~ • Each building envelope on an estate lot shall adhere to the following spacing standards: (E~ Building Envelope Spacing Standards for Estate Lots Minimum spacing between building envelopes on adjacent lots X9100 feet Minimum spacing between building envelope and subdivision ~ 150 feet boundary or off-site public street right-of--way Minimum spacing between building envelope and on-site public 4~ 50 feet or private street right-of--way Minimum spacing between building envelope and any other lot 29~`~4 feet line Minimum spacing between building envelope and wetlands or 100 feet water bodies (lakes, ponds, streams, etc.). Provided the arrangement,, design, and shape of estate lots is such -that lots provide satisfactory and desirable sites for building; contribute to the preservation of designated Primary and/or Secondary Conservation Areas; provide convenient access for emergency service vehicles; and satisfy all building envelope spacing standards, 0 The minimum required lot frontage may be reduced to not less than 20 feet for flag lots, and lots fronting on cul-de-sacs and "T" turnarounds. • Estate lots shall be restricted against further subdivision through deed restrictions and/or permanent conservation easements. Primary and Secondary Conservation Areas located outside building envelopes shall be restricted against .further development through conservation easements and/or deed restrictions. (F~ • Estate lot subdivision road( shall be designed to provide internal access to all lots in the subdivision. Private driveways shall not have access to existing state maintained roads. (G~ • A 150 foot buffer shall be provided along the frontage of all existing state maintained roads adJacent to the subdivision boundaries In areas of dense mature forest, existing vegetation may be used to fulfill the buffer requirements. If additional planting is required new slant materials that satisfy the buffer requirements of Article IV-B-8-e shall be installed and maintained in accordance with provisions of Article IV-B-8-f. g:\textamd\flexdevladminrec.doc\8-17-99\kl AMENDMENT 4 DELETE SECTION IV-B-1 O, SECTION D.2 (DEVELOPMENT STANDARDS CONSERVATION OPTION. SECTION IV-B-10 FLEXIBLE DEVELOPMENT Section D DEVELOPMENT STANDARDS . DELETE ENTIRE SECTION • f?-kf$e'- ?~?°- E 9fl ir.~i~n S2F~4 rl r,v~l~r.m~r.4 ~.n4i~r~ ie. h. - - .~.} n~ '+..~J ~' r.' 4.~,e. h' ..h i aavrr ~r~ rvprrl~ITrvpsrrnrrs-, mss--aRr~aa-rvi-yr srra~rn vrr 1 1 0 1 1 ~~~~.,,,~.,,, yy ..}},, e ' ' .1 8 1 ~S .. II ~ ~ ~ T TI ~J'~ ~C~ L!1'I r~r~e~e r.io }hee. en ~~~~~ ~ re~n f f 1 1 1 ~~ irerl 1..4 ~r '~'p~'R~~-f ~ ir.~~ +~ r. ~~ I~nn"lh7'TG7TCV'TC~G'+C riiu..77 1'i7Li /1 11 7 g:\textamd\flexdev\adminrec.d oc\8-17-99Uc1 10 g:\textamd\flexdev\admin rec.doc\8-17-99Uc1 11 AMENDMENT 5 AMEND SECTION IV-B-10, SECTION D.3 (DEVELOPMENT STANDARDS CLUSTER OPTION BY A~ CHANGING THE NAME TO "CONSERVATION-CLUSTER"; B) CLARIFYING CONFIGURATION AND PLACEMENT OF OPEN SPACE; C) REDUCING ALLOWABLE AMOUNT OF OPEN SPACE THAT CAN BE USED FOR SEPTIC OR WELL EASEMENTS FROM SO% TO 25%; D) CLARIFYING MINIMUM LOT SIZE ALLOWED IN WATERSHED PROTECTION OVERLAY DISTRICTS; E) REDUCING MINIMUM LOT WIDTH TO ENCOURAGE CLUSTERING; F~ CLARIFYING LANGUAGE REGARDING REDUCTION OF MINIMUM LOT FRONTAGE; G) PROVIDING FORA 100 FT. BUFFER ALONG SUBDIVISION BOUNDARIES; AND H) ADJUSTING . SECTION IV-B-10 FLEXIBLE DEVELOPMENT Section D DEVELOPMENT STANDARDS (A) • D.2 Conservation-Cluster Option A conservation-cluster subdivision is one in which building lots are grouped together through a transfer of allowable density within the subdivided tract. Smaller lots than those required in conventional subdivisions are permitted, provided such lots and subdivisions are developed in accordance with the following standards: • Land saved through lot size reductions shall consist of designated Primary and/or Secondary Conservation Areas. • The total amount of land set aside as Primary and Secondary Conservation Areas shall equal the sum of all reductions in minimum lot area and shall comprise at least thirty-three percent (33%) of the .total land area in the subdivision. (B) • Both Primary and Secondary Conservation Areas shall be placed in undivided preserves which adjoin housing areas that have been designed more compactly to create larger conservation units that may be enjoyed by all residents of the subdivision and, if possible, enjoyed visually by the general aublic.. Such undivided open space shall be accessible to the largest number of lots within the development. To achieve this, the majority of houselots should abut undivided open space to provide residents .with direct views and access. Safe and convenient pedestrian access to the open space from all adjoining houselots shall be provided, except in the case of farmland or other resource areas vulnerable to human disturbance. The design must meet Section F Evaluation Criteria which sets forth conservation area design characteristics. • Where undivided open space is designated as separate non-contiguous parcels, no parcel shall consist of less than three (3) acres in area, nor have alength-to- width ratio in excess of 4:1, except such areas that are specifically designed for neighborhood commons or greens; playfields; buffers adjacent to wetlands, watercourses, and rural roads; wildlife corridors; or trail links. AMENDMENT 5(CONT.~ g:\textamdlflexdevladminrec.doc\8-17-99\kl 12 (c) • Each lot must contain a buildable area of sufficient size to accommodate a single-family detached dwelling and customary accessory uses, including, but not limited to, storage buildings and garages, patios and decks, lawns, and driveways. A septic system and/or well site may be located in an open space area provided. it does not occupy more than #~a#-- one quarter of the conservation area nor any part of a Primary Conservation Area. • Provided the arrangement, design, and shape of cluster lots is such that lots provide satisfactory and desirable sites for building, and contribute to the preservation of designated Primary and/or Secondary Conservation Areas, minimum lot area, lot width, and setback requirements as specified in Article 4.1.2 of the Orange County Zoning Ordinance may be reduced as set forth below. (~~ 0 Minimum lot area requirements may be reduced by sixty-five percent (65%) of the minimum lot size aermitted by the zoning district including anv_ overlay district requirements however, minimum lot area may not be smaller than 40 000 square feet within a watershed protection overlay district where lots are served by individual septic systems (E) 0 Minimum lot width requirements may be reduced wy *~~•^^*~• ^^-^^^+ i~noi ~ ~ to 100 feet in the AR and R1 Districts. Minimum lot width requirements may be reduced by 30% in all other zoning districts. 0 Minimum front, rear, and side setback requirements may be reduced by twenty-five percent (25%) but shall be no less than ten (10) feet. (F) 0 Minimum lot frontage- requirements may be reduced to twenty (20) feet for lots frontinu on cul-de-sacs and "T" turnarounds ~G~ 0 Minimum saacing between building envelopes and the subdivision boundary or off-site uublic street right-of-way shall be 100 feet and may be counted as oven space • Cluster lots shall be restricted against further subdivision through deed restrictions and/or permanent conservation easements. Primary and Secondary Conservation Areas shall be dedicated to Orange County, another unit of local government, the State of North Carolina, a private non-profit land conservancy or a homeowners association. g:\textamd\flexdev\adminrec.doc\8-17-99Uc1 13 AMENDMENT 5(CONT.) (H) D.3 Village Option H) D.4 Street Standards H) D.5 Water Supply and Sewage Disposal Facilities g:\textamd\flexdev\adminrec.doc\8-17-99\kl 14 ADMINISTRATION RECOMMENDATION: Proposed Amendments with Staff Notes to the ZONING ORDINANCE, ORANGE COUNTY, N, C. ARTICLE 22 DEFINITIONS (Proposed amendments are highlighted in bold underlined; proposed deletions are shown in~+l~~ print.) g:\textamd\flexdevladminrec.doc\8-17-99\kl 15 AMENDMENT 1 A)AMEND THE DEFINITION OF FLEXIBLE DEVELOPMENT IN ARTICLE 22 DEFINITIONS TO REFLECT CHANGES PROPOSED THROUGHOUT SECTION IV-B-10 OF THE SUBDIVISION REGULATIONS; B) TO DEFINE .OPEN SPACE IN THE ZONING ORDINANCE CONSISTENT WITH THE DEFINITION OF "OPEN SPACE" IN THE FLEXIBLE DEVELOPMENT REGULATIONS; AND C) TO DISTINGUISH BETWEEN THE DEFININTION OF OPEN SPACE USED FOR LAND USE INTENSITY CALCULATIONS REQUIRED FOR ZONING APPLICATIONS AND OPEN SPACE APPLICABLE TO FLEXIBLE DEVELOPMENT SUBDIVIS{ONS. ARTICLE 22 DEFINITIONS Amended FLEXIBLE DEVELOPMENT - A subdivision in which greater flexibility and 7-1-96 design creativity is encouraged and allowed to preserve agricultural and forestry lands, natural and cultural features, and rural community character that might otherwise be lost through conventional development approaches. At least one-third (33°I°) of the land within a Flexible Development subdivision must be set aside as open space which may be preserved through: (a) An "estate lot" approach where all land is subdivided into lots four (4) acres or greater in size, building 1•iI~1H#~e} lot area including setbacks are established on 50% #eF of each lot, and the land area outside such s area is preserved as open space provided that front and side yard setback areas shall not be counted toward meeting the minimum open space requirement except as specified by provisions of Article IV-B-10, Section D.1; or ~ ~~ ~~ (s b) A "conservation-cluster" approach where lot sizes are reduced and the land saved through such reductions is preserved as open space on separate lots owned and maintained through a homeowners association, anon-profit land conservancy or unit of state of local government; or (d c) A "village" or modified cluster approach where dwelling units are clustered around a village green and supporting shops, and the village is surrounded by open space; or (e d) Some combination of the above g:\textamd\flexdev\adminrec.doc\8-17-99Uc1 16 AMENDMENT 1 (CONT.) (B) ARTICLE 22 DEFINITIONS Open Space - (flexible development) "Primary Conservation Areas" and "Secondary Conservation Areas", as defined in Section IV-B-10. C.2 of the Orange County Subdivision Regulations, which are preserved through conservation easements or other restrictions in a flexible development subdivision. (c1 Open Space -(land use intensity) 1) Open space is the total horizontal area of uncovered open space plus half the total horizontal area of covered open space subject to limitations set forth below. 2) Uncovered open space is total gross residential land area not covered by buildings, plus open exterior balconies and roof areas improved as recreation space. 3) Covered open space is usable open space closed to the sky, but having two clear unobstructed open or partially open sides. Partially open sides is to be construed as fifty percent or more. Examples of covered space are covered balconies, covered portions of improved roof areas, or space under buildings supported on columns or posts or cantilevered. The square footage countable as covered open space shall not exceed the square footage of the open space sides. g:\textamd\flexdev\adminrec.doc\8-17-99\kl r~ ~ur~ ~ ~~~~ ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ,. d` v ,, ~~4 C..`~ TO: JOHN M. LINK, JR., COUNTY MANAGER FROM: CRAIG. N. BENEDICT, AICP, PLANNING DIRECTlJR DATE: SEPTEMBER 7,1999 RE: AGENDA ITEM 9b -Text Amendments Flexible Development Provisions After discussion with you concerning the above agenda item, I respectfully request the item to be rescheduled for September 21, 1999. Changes made to the agenda the end of last week incorporated recommendations from the September 2 Wednesday meeting of the Planning Board and additional language clarification from the County Attorney. This new information was not available at the Chair -Vice Chair agenda review of August 30. In any event, I apologize for the confusion and would suggest that the September 21 meeting would be more appropriate to hear the text amendments. The text amendments came forward in two batches; first batch at the May 24 quarterly public hearing and the second batch at the August 23 quarterly public hearing which included four additions to the first batch. I discussed at the August 23 meeting that the two batches would come forth in one agenda to review comprehensively. I now request this to be done at the September 21 meeting. There was not any new general topic areas regarding flexible development provisions that were not discussed and well-received in previous public hearings. The overlap in the sequence of agenda review and Planning Boazd meetings will be avoided in the future.