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HomeMy WebLinkAboutORD-2003-032 Amendment to Open Space Standards for Flexible Development subdivisionsORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AND PLANNING BOARD AGENDA ITEM ABSTRACT Meeting Date: May 27, 2003 009 zl took 01-2, Action Agenda Item No. G -2 6 SUBJECT: Amendment to Open Space Standards for Flexible Development Subdivisions DEPARTMENT: Planning and Inspections ATTACHMENT(S): Proposed Amendments to the Orange County Subdivision Regulations PUBLIC HEARING: (Y /N) YES INFORMATION CONTACT: Craig Benedict, Director, ext. 2592 David Lentzner, Planner Il, ext. 2611 TELEPHONE NUMBERS- Hillsborough Chapel Hill Durham Mebane 732-8181 968 -4501 688 -7331 (336)227 -2031 PURPOSE: To receive a staff report and public comments on proposed Amendments to Open Space Standards in Subdivisions following the Flexible Development option. BACKGROUND: Flexible Development, Section IV -13-10 of the Subdivision Regulations, was adopted on July 1, 1996. Section C of the code requires that Flexible Subdivisions set aside at least 33% of the total land area as protected open space. The open space standards apply required compositional elements for Primary and Secondary Conservation Areas (open space designations), and some guidelines for open space shape design in Sections D and F. Open space design is believed to be an important component of rural character in county subdivisions. The preservation of rural character through open space comes from defining functionality in open space uses, and preventing the creation of urban - styled open space, which may lack conservation values and remove a rural sense of space. In particular, concern has been raised that a lack of a requirement for contiguous access to open space in Flexible Subdivisions has compromised the goals of the open space regulation, because it allows for the creation of urban or suburban `sprawl' development patterns with numerous adjacent lots that have no open areas between them. The proposed amendment would define open space in more detail. Significantly, it would require direct access to open space for 75% of subdivision parcels and require the remainder to be within 300 feet of open space (except where more than half of the site open space was Primary Conservation Area, in which case 50% of parcels would be required to have direct access and the remainder would have to be 600 feet from open space). It is anticipated that the use of 50 -foot wide pedestrian paths would be the easiest way to satisfy the requirement without causing a significant loss of buildable subdivision lots. However, the regulation would probably require, in most cases, that site plans pay considerable attention to open space planning to maximize the proximity of lots to open space areas. Primary Conservation Areas would be intended to be 2- accessible by the general public and Secondary Conservation Areas would be required to be accessible by, -at least, subdivision residents. Additional language would require connectivity of on- site open spaces to each other (again, likely through paths) and to potential open space on adjacent parcels when possible. Functionality of open space is defined by the proposed amendment, and is the basic impetus for the particular suggested changes. Functional open space is described as that open space which has one or more of seven identified open. space uses (for natural resources, rural character, visual amenities, outdoor recreation, managed resource production, public health and safety and public purpose infrastructure), evaluated based on three physical criteria (composition, access, and size /shape). The goal in all amendment additions is to ensure that open space is purposefully sited in accordance with county land values. To that end, some new definitions of open space have been created which fit in with local goals. The amendment proposes that areas used for expansion of Primary Conservation Area, pedestrian paths, identified wildlife corridors, identified greenbelt systems, and roadside buffers may be categorized as open space under Flexible Development regulations. Additionally, language has been inserted into Section F calling for creativity and site - specificity in open space design and agglomerated shapes for certain types of Secondary Conservation Area. Process: Public Hearing May 27, 2003 Ordinance Review Committee recommendation July 2, 2003 Planning Board Recommendation July 2, 2003 BOCC to make decision no sooner than August 19, 2003 FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision. RECOMMENDATION(S): The Planning Staff recommends APPROVAL of the proposed amendments. The Administration recommends that the proposed amendments be referred to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003. 0 .L An Ordinance Amending the Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Subdivision Regulations are hereby amended as follows: SUBDIVISION REGULATIONS Section IV-B -10. FLEXIBLE DEVELOPMENT (Pages 61 -65) (Amended to read as follows. Bold type indicates proposed new language and *r-iket^ -,ou '' type indicates proposed deleted language) Section C OPEN SPACE STANDARDS C.1 Minimum Required Open Space Where a developer elects to seek approval of a Flexible Development as specified herein, at least thirty-three percent (33 %) of the total land area in the Flexible Development must be set aside as protected open space. Such open space shall meet these standards unless the developer chooses to seek approval of a conventional subdivision as specified herein. C.2 Open Space Functionality A goal a Flexible Development subdivision plan is to provide open space that is functional. Functional open space is that which provides as many of the following beneficial goals as is feasible: • The Protection of Natural Resources • The Protection of Rural Character • The Improvement or Maintenance of Visual Amenities • The Creation or Protection of Space for Outdoor Recreation • The Creation or Protection of Managed Resource Production • The Improvement or Maintenance of Public Health and Safety • The Creation or Protection of Public Purpose and/or Utility Infrastructure The primary means of achieving these functionality goals in open space design is by addressing three primary land characteristics. All Flexible Development plans should highlight, to the greatest extent practicable, these characteristics in direct correlation to the functional open space goals listed above. An open space plan may also use other land characteristics in planning functional open space, if a direct link to those goals can be established. Composition — The on -site physical characteristics of land are an important means of determining what sorts of functionality goals it can support as open space. For each of the seven functional open space goals, certain characteristics are required or preferred. Compositional requirements and preferences are stated throughout this section. Accessibility — Shared functional open space must be publicly available. All Flexible Development plans shall strive to provide open space access to the public at large and/or subdivision residents, in accordance with Section CA. Size and Shape — The functionality of rural open space is often diminished when it is fragmented or disproportionately shaped in long narrow segments. Functional open space is ideally large enough in size to maximize the benefits of open space to ecological, environmental, recreational and /or visual uses. Size and shape requirements are listed in Section F.1. C.3G2Types of Open Space The types of open space conserved through Flexible Development shall be consistent with the following standards: a. Open space shall be comprised of two types of land: "Primary Conservation Areas" and "Secondary Conservation Areas ". b. Primary Conservation Areas eensist of the f llewi g site f "tuE These areas represent sensitive environmental features and/or significant cultural resource areas, which may make them legally or practically unbuildable. Primary Conservation Areas are, by definition, functional because the ecological and/or social benefits that mark their classification are significant. These areas are the first type of open space to be designated on a Flexible Development Concept Plan towards satisfying the minimum open space requirement. Secondary Conservation Areas may not be selected as part of the 33% requirement unless all potential Primary Conservation Areas, except expansion areas (as defined below), have been set aside. Wetlands, including, but not limited to, streams, creeks, ponds, reservoirs, stormwater management facilities for watershed protection purposes, and adjoining land areas identified as part of- 0 The National Wetlands Inventory Maps for the county, prepared by the U.S. Fish and Wildlife Service; 0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A, Soil Conservation Service; 0 The "Inventory of Natural Areas and Wildlife Habitats," as prepared by the Triangle Land Conservancy; 0 LANDSAT satellite data collected and analyzed under the Albemarle - Pamlico Estuarine Study; 0 A required environmental assessment or envirommental impact statement; and/or 0 A site analysis conducted by a registered engineer, land surveyor, landscape architect, architect or land planner using data from the U.S. Army Corps of Engineers. • Floodplains (100 -year) and alluvial soils identified as part of 0 The "Flood Insurance Study: Orange County, N.C.," prepared by the Federal Emergency Management Agency (FEMA); and 0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil Conservation Service. • Steep Slopes, defined as those greater than 25 percent, identified as part of- 0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil Conservation Service; and/or 0 A site analysis conducted by a registered engineer, land surveyor, landscape architect, architect or land planner and calculated using topographic maps from an actual survey or from the U.S. Geological Survey. • Natural Areas, and Wildlife Habitats and Gerride •" as identified as part of- 0 The "Inventory of Natural Areas and Wildlife Habitats," as prepared by the Triangle Land Conservancy; 0 A required environmental assessment or environmental impact statement; and/or 0 An independent site study conducted by a trained botanist and/or biologist. Historic and Archaeological Sites listed on the National Register of Historic Places or included on the state's national register study list, designated as a local historic landmark, designated as a local historic district, and/or identified as having a high potential for archaeological remains as part of. 0 The "Chapel Hill Township Architectural Survey: Final Report"; 0 The "Orange County Multiple Property Documentation Form: Historic Resources of Orange County "; 0 "An Archaeological Survey of Portions of Orange County, N.C. "; 0 A required environmental assessment or environmental impact statement; and/or 0 An independent site study conducted by a trained architectural historian or archaeologist. Where a historic or archaeological site is to be set aside as a separate lot, and preserved and/or restored as part of a flexible development, the entire area within the lot may be credited toward meeting the minimum open space requirement. • Wildlife Corridors as identified by Section 2.2 of the most recent Land Use Element of the Orange County Comprehensive Plan. Expansion of any of these areas A single, contiguous area of open space that meets one or more of the provided definitions of Primary Conservation Area may be expanded by up to 20% of its area to provide an additional buffer. Although the expansion area may not meet any other definitions of Primary Conservation Area, it may be considered as such, except: a) Expansion areas may not be, in turn, expanded under this provision, b) Expansion areas may not be selected as Primary Conservation Area unless all site areas meeting any other Primary Conservation Area definition have already been classified as open space, and c) Expansion areas should have the same composition as the Primary Conservation Area that they are expanding C. Secondary Conservation Areas eensist of the following site features When the 33% open space requirement is not filled by Primary Conservation Area, this secondary set of criteria is used to complete the requirement. These more electively sited spaces are used to increase and diversify the functionality of the site's total open space plan by following the criteria set forth in this section. These areas, unless specified otherwise, receive full credit toward meeting the minimum open space requirement of Flexible Developments. Access - Open space areas may be chosen as Secondary Conservation Areas because of their benefit in providing open space access to residential lots in accordance with regulations listed in Section CA. These areas shall also include desired compositional and size and shape attributes, as listed in this section. Composition - Sites chosen for Secondary Conservation Areas must have one or more of the following characteristics or uses: • Woodlands, including forest land for the planting and production of trees and timber, where management practices such as selective timber harvesting and el wildlife enhancement are employed. Such woodlands may consist of hardwood, pine, and/or mixed pine - hardwood forests identified as part of- 0 LANDSAT satellite data collected and analyzed under the Albemarle - Pamlico Estuarine Study; 0 A site analysis conducted by a registered engineer, land surveyor, landscape architect, architect or land planner using aerial photographs and/or satellite imagery; 0 A required environmental assessment or environmental impact statement; and/or 0 An independent site study conducted by a trained botanist and/or forester. Farmland, especially prime agricultural land as identified by the U.S.D.A. Soil Conservation Service in "Important Farmlands: Orange County, N.C." and which is in active use for the production of crops and/or raising of livestock. Farmland also includes space on individual lots used for gardens, ponds, horse paddocks and barns, and similar uses. • Slopes of 15% to 25% which require special site planning due to their erosion potential, limitations for septic tank nitrification fields, and terrain or elevation changes. Such areas may be suitable for building, but higher site preparation and construction costs are to be expected. • Other Historic andlor Archaeological Sites identified from the same sources as for primary conservation area sites. • Public and/or Private Recreation Areas and Facilities, including: 0 "Active recreation areas" such as public recreation areas, including district and community parks as identified in the master recreation and parks plan; and private recreation facilities, including golf courses, playing fields, playgrounds, swimming pools and courts for tennis, basketball, volleyball and similar sports. Because they represent uses in which natural lands are cleared, graded and managed for intensive activities, only half (50 percent) of the land in this category may be credited toward meeting the minimum open space requirement. 0 "Passive recreation areas" such as pedestrian, bicycle and equestrian trails, picnic areas, community commons or greens, and similar kinds of areas, whether public or private. Land in this category receives full credit toward meeting the minimum open space requirement. • Scenic Views, especially of natural and cultural features from designated scenic road corridors, including views from the road as well as views outward from potential home sites. Landscape buffers which screen the view of development and preserve the character of rural public roads are also included in this category. `I N' • Pedestrian Access Paths, corridors of at least 50 feet in width, which should be able to accommodate recreational uses and conservation goals, and allow pedestrians to reach other open space areas in the subdivision on foot. Pedestrian access paths should be consistent with definitions and guidelines for paths set forth in existing Orange County ordinances and regulations. All paths must be connected at least once to another type of open space. If a single Flexible Subdivision area has more than one path, the open space plan should, if practicable, be redrawn to connect them into a single path system. All paths should reach at least one outside edge of the subdivided property so that they may potentially be connected to pedestrian paths on future projects on adjacent properties. • Roadside Buffers, areas buffering public roads, when they are at least 100 feet in width, measured in one direction from the nearest edge of the road. Roadside buffers must be composed of undisturbed natural vegetation. Greenbelt Linkages, areas that can be used as part of a connected greenbelt path, within an approved County Greenbelt program. Size and Shape - Whenever possible, Secondary Conservation Areas should be,part of substantially sized and/or contiguously linked open space sections and meet guidelines as put forth in Section F.I. CA Access to Open Space The level of public access to open space is determined based on the type of space that is being preserved. Primary Conservation Areas, because of their considerable public value for recreation and scenery, are intended to be made available to the public at large through public paths accessible by public road and/or direct access by public road. Secondary Conservation Areas of common use shall be, at least, accessible to site subdivision residents Open space plans shall provide direct contiguous access to Primary or Secondary Conservation Area to at least 75% of project lots, and access to Primary or Secondary Conservation Area within 300 feet of each of the remaining lots. In cases where the majority of open space is Primary Conservation Area, which is sited by composition and not by elective locational value, only 50% of project lots must be directly contiguous to Primary or Secondary Conservation Area. All remaining lots must be within 600 feet of Primary or Secondary Conservation Area. C -5 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 the county, another unit of local government, the state or a private nonprofit land conservancy. Dedication of conservation easements to the county, another unit of local govermnent, the state or a private nonprofit land conservancy. Such easements may apply to a single property owned by a homeowner's association and/or to all or portions of individual lots owned by one or more property owners. • Ownership by a homeowner's 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, of estate lots 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 33 percent open space requirement, provided that it is a portion of and in the same ownership as the land to be subdivided. C -6 G4—Maintenance of Open Space Natural features shall be maintained in their natural condition, but may be modified to improve their appearance, functioning or overall condition, as recommended by experts in the particular area being modified. Permitted modifications may include the following: • Reforestation; • Woodland management; • Pasture or cropland management; • Buffer area landscaping • Stream bank protection; and/or • Wetlands management 09-_8 Unless accepted for dedication or otherwise agreed to by the county, another unit of local government, the state or a private nonprofit land conservancy, the cost and responsibility of maintaining open space and any facilities located thereon shall be borne by the property owner and/or homeowner's association. Section F EVALUATION CRITERIA All site planning for open space should evidence a consideration of the specific nature of the parcel being developed and a creativity in design which maximizes aspects of functionality. At Bm any given site, the types of resources may vary widely in importance ; (e.g., a natural area compared to a historic site) and Likewise, fiai� r each type of resource may have areas of greater or lesser significance ;(e.g. a notable example of local vernacular building traditions compared to a much altered older home). Priorities for conserving such resources should therefore be based upon a thorough site analysis and an understanding of what is more special, unique, noteworthy, environmentally sensitive and/or historic as compared with other similar features of different types of resources. In evaluating the layout of lots and open space, the following criteria will be considered as indicating design appropriate to the site's features and meeting the intent of the Flexible Development standards. Whereas diversity and originality in lot layout are encouraged, it is recognized that not all objectives may be achieved on a given site. Each applicant must therefore achieve the best possible relationship between development and preservation objectives. F.1 General Criteria The following criteria apply to all Flexible Development projects: The shape and placement of the open space shall be reasonably contiguous, coherently configured, and shall abut existing or potential open space on adjacent properties, and shall be beneficial to stated functional open space goals. fig, naffew a- t be avoided a pt in the f trail stream a landseape -1 er-s adjoining ,. rights of way and/or neighbor-heed �.,,,.d buff Open lltl ivvauvvu space should not be overly fragmented or in long narrow segments (except in the case of pedestrian paths, stream or wildlife corridors, greenbelt paths or landscape buffers adjoining street rights -of -way and/or neighborhood boundaries). Electively sited individual open space areas (e.g. Secondary Preservation Areas) should typically have agglomerated shapes. Open space shall be connected, when applicable and reasonable, to other open space in the same project and/or to existing or potential off -site open space or pedestrian paths in land parcels adjacent to the Flexible Development area. s • The pedestrian circulation system shall be designed to ensure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood open space system. All roadside footpaths should connect with off -road trails, and link with existing or potential open space on adjoining parcels. • Protect and preserve all wetlands, floodplains and steep slopes from clearing, grading, filling or construction except as may be approved by the board of commissioners. Landscape common areas (neighborhood greens), cul -de -sac islands, and both sides of new streets with native specie shade trees and flowering shrubs with high wildlife conservation value. Yl NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this Ordinance entitled "An Ordinance Amending the Subdivision Regulations of Orange County" be adopted. Upon motion of Commissioner , seconded by Commissioner , the foregoing Ordinance was adopted this the day of , 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2003. SEAL Clerk to the Board of Commissioners A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to refer the proposed amendments to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003. ` VOTE: UNANIMOUS 2. Orange County Subdivision Regulations Text Amendments a. Amend Sections II, IV and other related sections to define and regulate the open burning of trees, limbs, stumps and construction debris associated with the development of subdivisions. This item was addressed above. b. Amend' Section IV -13-10. Flexible Development —Section C, Open Space Standards to require that at least 75% of residential lots in a proposed development be contiguous on one or more sides to the system of open space. Craig Benedict said that this is a requested amendment to the subdivision requirements related to flexible development. Presently, the requirement for open space is 33% if the flexible development option is used. The proposed amendment is an effort to explain more about the functionality of the open space and the characteristics of it. He gave some examples of subdivisions in the County and the configuration of the open space. The intention is not to reduce the amount of lots, but to increase the accessibility of the open space Commissioner Gordon asked about the 50 -foot easement. Craig Benedict said that this would just be open space and a 50 -foot corridor would make the open space accessible and would not encroach upon the adjacent properties. Commissioner Gordon asked how big the path would be. Craig Benedict said that this is not a requirement for a path to be put in. Commissioner Gordon pointed out that the language says "pedestrian access paths ". Craig Benedict said that this language could be changed. The subdivision applicant will decide, with direction, what the 50 -foot area should' look like. Commissioner Jacobs asked about the side yard setbacks and Craig Benedict said 20 feet. Commissioner Jacobs said that this is an improvement to the open space provisions. He suggested on page 11 — C2 — Open Space Functionality, "maintenance of wildlife habitat. He also suggested putting some of the language in more understandable terms for the public. Hunter Schofield said 'that some high- density developments such as affordable housing might come into conflict with these amendments. He said that we might' need to look at how we use our open space standards to help or hinder some other County priorities. Renee Price asked about the setback requirements and open space and the impact it would' have on lower and moderate - income housing, A motion was made by Commissioner Jacobs; seconded by Commissioner Halkiotis to refer the proposed amendments to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003. VOTE: UNANIMOUS' 2. Orange County Subdivision Regulations Text Amendments a. Amend Sections Il, IV and other related sections to define and regulate the open burning of trees, limbs, stumps and construction debris associated with the Development of subdivisions. This item was addressed above. b. Amend Section IV -8-10. Flexible Development -- Section C, Open Space Standards to require that at least 75% of residential lots in a proposed development be contiguous on one or more sides to the system of open space. Craig Benedict said that this is a requested amendment to the subdivision requirements related to flexible development. Presently, the requirement for open space is 33% if the flexible development' option is used. The proposed amendment is an effort to explain more about the functionality of the open space and the characteristics of ft. He gave some examples of subdivisions in the County and the configuration of the open space. The intention is not to reduce the amount of lots, but to increase the accessibility of the open space. Commissioner Gordon asked about the 50 -foot easement. Craig Benedict said that this would just be open space and a 50- foot corridor would make the open space accessible and would not encroach upon the adjacent properties. Commissioner Gordon asked how big the path would be. Craig Benedict said that this is not a requirement for a path to be put in. Commissioner Gordon pointed out that the language says "pedestrian access paths ". Craig Benedict said that this language could be changed. The subdivision applicant will decide, with direction, what the 50 -foot area should look like. Commissioner Jacobs asked about the side yard setbacks and Craig Benedict said 20 feet. Commissioner Jacobs said that this is an improvement to the open space provisions. He suggested on page 11 — C2 — Open Space Functionality, "maintenance of wildlife habitat. "` He also suggested putting some of the language in more understandable terms for the public. Hunter Schofield said that some high- density developments such as affordable housing might come into conflict with these amendments. He said that we might' need to look at how we use our open space standards to help or hinder some other County priorities.. Renee Price asked about the setback requirements and open space and the 'impact it would have on lower and moderate - income housing. Craig Benedict said that they would accent this about the impacts as they move forward. He said that in some cases the open space adds to the value of the lots and it also supports clustering lots and could make them more affordable. Richmond Hills; in Efland is a good example of affordable housing and open space working together. Craufurd .Goodwin asked about open space in primary conservation areas and if it was open to the general public. Craig; Benedict said that there is no mandate for it to be open to the general public. If it is a primary conservation area and it is dedicated to the public, this will be determined during the subdivision process. Commissioner Gordon asked about the 300 feet or less from the open space access point and 600 feet or less. She asked Craig Benedict how he came up with these numbers. Craig Benedict said they looked at existing subdivisions over the last four years and which ones had good access and ones that were not meeting the goal of connectivity. He said that they would elaborate more on some of the examples of the standards. Commissioner Gordon just wants the staff to think about it and what it means. Commissioner Jacobs said that since the 300 -foot and the 600 -foot standards are arbitrary numbers based' on previous experience, he suggested having some flexibility without sacrificing the intent. Craig Benedict agreed that flexibility is important. Public Comment- none A motion was ,made ,by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept the Manager's recommendation to refer the proposed amendments to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003. VOTE: UNANIMOUS c. Amend Section IV -B-3. Streets, IV -B-3 -b to require that major subdivisions have access on a paved public road. Craig Benedict said that this amendment has to do with major subdivisions that are five lots or more, having access to a paved road and not just a dirt road. This would not be affecting the small subdivisions He said that sometimes major subdivisions encroach upon a rural area that is not prepared for development. This provision would say that the major subdivision does not go forward until the right -of -way is available. Public Comment - none A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to accept the Manager's recommendation to refer the proposed amendments to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003. VOTE: UNANIMOUS 3. Orange County Erosion and Sedimentation Control Ordinance Regulations Text Amendments