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HomeMy WebLinkAboutORD-2003-107 Concurrent Amendments to Orange County Zoning Ordinance and Orange County Subdivision Regulations Regarding Subdivision Size, Location, Process, and Standards001 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS WORK SESSION PUBLIC HEARING ITEM ABSTRACT p �Q� �,2 C�d3-' /� 7 Meeting Date: August 25, 2003 Action Agenda Item No. C1 a & b SUBJECT: Growth Management System - Amendments to Zoning Ordinance and Subdivision Regulations DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) ATTACHMENT(S): Outline, Growth Management System Table, Growth Management System Map, Growth Management System Standards, Special Use Subdivision Ordinance, Special Use Subdivision INFORMATION CONTACT: Craig Benedict, Planning Director Ext 2592 Geoff Gledhill, County Attorney John Link, County Manager, Ext 2300 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 - 2031 PURPOSE: To hear citizen and public comments regarding the proposed Growth Management Amendments to the Zoning Ordinance and the Subdivision Regulations. The proposal would require major subdivisions of property to follow either the current process, a Planned Development process or a Class A Special Use Permit process depending upon the location and number of lots. BACKGROUND: Planninq Board request to BOCC - On May 6, 2002, the Orange County Planning Board forwarded a letter to the Board of County Commissioners regarding the need for additional growth controls in large residential developments among other issues. BOCC /PB Joint Meeting - During a joint BOCC /Planning Board meeting on June 6, 2002 there was additional discussion of some of the challenges posed to County services because of the location of large developments. BOCC Resolution - On June 18'�' the BOCC passed a resolution requesting that relevant issues and possible actions be researched prior to further deliberation. BOCC Requests Preparation of Special Use Permit (SUP) Process - A brief discussion at the August 29, 2002 work session laid the groundwork for the September 3, 2002 BOCC meeting where an issues report (copy attached) was presented by the Planning Director, County Manager and County Attorney. After the presentation, the Board directed the Administration to GACurrent Planning Division\ROBERT\August 2003 PH\Abstract -SUP Major Subd Process PH Revised 081803.doc 002 prepare a Special Use Permit approval process for large -scale residential development projects. These amendments are the result of that directive. Growth Management - The discussion of managing growth and development led to two primary issues; What was the scale of the project? (i.e. how many lots), and Where is the project being proposed? The facets of this proposal will encourage the appropriate scaling of subdivisions. For example, an 80 -lot subdivision in Cedar Grove would have a different impact, both visually, environmentally, and from a public services provision standpoint, than it would if it were located in a Water /Sewer Primary Service Area just outside of Hillsborough. The proposed System promotes subdivision design at scales consistent with a rural /agricultural character or urban character depending upon geographic location within the County. In addition to putting forth growth regulations that manage the size and location of projects, this proposal includes additional land development performance standards depending on the scale of the project. In essence, the larger the project, the more complex research and analysis is necessary to ameliorate the potential impact of the project. This proposal divides the subdivision approval process into three main categories depending on the location and the number of lots proposed. August 2003 proposal CATEGORY 1 1) Type: Standard Major Lots: 6 -19 Districts: All zoning districts (same subdivision process that is currently in effect) Map Color. Green, Rural Area and Tan, Urbanizing Area CATEGORY 2 2a) Type: Class A SUP Rural Lots: 20 -40 Districts: Rural Buffer, Agricultural Residential, and R1 Outside of Primary Service Area of Water and Sewer Boundary Agreement Map Color. Green, Rural Area 2b) Type: Class A SUP Urbanizing Level I Analysis Lots: 20 -40 Districts: R -1 and EDD zoning in Primary Service Area of Water and Sewer Boundary Agreement Map Color. Tan. Urbanizing Area 2c) Type: Class A SUP Urbanizing Level II Analysis Lots: 41 -79 Districts: R -1 and EDD zoning in Primary Service Area of Water and Sewer Boundary Agreement Map Color. Tan, Urbanizing Area GACurrent Planning Division\RO13ERT\August 2003 PHWbstract -SUP Major Subd Process PH Revised 081803.doc CATEGORY 3 003 3a) Type: PD /SUP Rural (Legislative Rezoning with Quasi-judicial Special Use Permit, Class A) Lots: 41 + Districts: Rural Buffer, Agricultural Residential, and R1 Outside of Primary Service Area of Water and Sewer Boundary Agreement Map Color. Green, Rural Area 3b) Type: PD /SUP Urbanizing (Legislative Rezoning with Quasi-judicial Special Use Permit, Class A) Lots: 80+ Districts: Rural Buffer, Agricultural Residential, and R1 Outside of Primary Service Area of Water and Sewer Boundary Agreement Map Color. Tan, Urbanizing Area Any project above 40 lots in a 'green' Rural Area (see map) and above 79 lots in a 'tan' Urbanizing Area would have the option to pursue rezoning. Rezoning would not necessarily, and in most cases would not, include any change in land use density. Projects would normally be filed for planned development in the rural areas based on design (reduction in lot size and increased open space, type of units, etc.) and whether or not the project as proposed by the developer advances the County's goals in housing and environmental related areas. There are currently no projects 'in the pipeline' (i.e. at Preliminary Plan submittal stage) that would be required to follow either of the proposed processes. Additionally, no project has been submitted for concept approval that would be required, by these proposed amendments, to follow either process. The attached amendments should be reviewed by the Board members prior to the August 25, 2003 public hearing so that pertinent questions may be asked and reflected in the official minutes of the meeting. This will allow staff to perform research prior to the return of the amendments to the Planning Board for a recommendation back to the BOCC. The proposed Growth Management System .amendments above were discussed at the August 6, 2003 Planning Board Meeting. Subdivision Regulation Changes: A. Sets the new criteria for determining whether a proposed Preliminary subdivision is to be processed as a Planned Development or a Major Subdivision Class A Special Use or under existing ordinance provisions. The determining factors are location (whether inside or outside of Primary Service Area of Water and Sewer Boundary Agreement) and the number of lots proposed. Zonina Ordinance Chanaes A. Amends the Permitted Use Table by adding new uses to be identified as either a Planned Development or Major Subdivision Class A Special Uses under both the H and S categories B. Amends Table of Contents Article VIII to create a new Special Use identified as 8.8.29 with corresponding subheadings and nomenclature identified in the proposed amendment. C. New Special Use Permit performance criteria GACurrent Planning Division\ROBERT%August 2003 PH\Abstract -SUP Major Subd Process PH Revised 081803.doc 004 1. Professionally prepared Groundwater Yield Analysis for lots proposed on wells. 2. Certification from the respective governing body that controls access to public water and public sewer connections that adequate service provision availability is in place. 3. In designated Transition Areas plans for sidewalks or pedestrian /bike lanes as part of the public road design guidelines. 4. Requires a Resources Management Plan that shows a location within subdivision for solid waste convenience center to serve the subdivision and where appropriate the general area where the subdivision is located. 5. Requirement to demonstrate Open Space connectivity and accessibility to all lots in the subdivision and the concept of `borrowed open space' for all lots in the subdivision. 6. Written and graphic site analysis showing soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, historic sites, etc. and an analysis of views into and from the site. 7. Requires a biological inventory that identifies habitat diversity, species diversity, and species of special concern such as those designated as threatened or endangered. 8. Protection of Existing Vegetation 9. Storm Water Management Enhancement 10. Mitigation Plan requirement when proposal to disturb environmentally sensitive areas as identified in the biological inventory. 11. Requires water conservation that indicates how irrigation systems for both the common ownership lands and individual lots adhere to conservation principles. 12. Requires use of xeriscaping principles. 13. Requires that Public Road Access be in accordance with a consistent, County- adopted public road access management plan. 14. Reserves a section to insert a future - adopted regulation concerning 'Crime Prevention through Environmental Design. 15. Requires Maintenance of Improvements as set forth in the Resources Management Plan. Process 1) Public Hearing to be held on August 25, 2003. 2) Planning Board to make recommendation to BOCC. 3) BOCC makes final decision FINANCIAL IMPACT: There is no public financial impact associated with this item. RECOMMENDATION(S): Planning Staff recommends Approval of the amendments. .Administration recommends that the proposed amendments be referred to the Planning Board for a recommendation returned to the BOCC no sooner than October 1, 2003. GACurrent Planning Division\ROBERT \August 2003 PH\Abstract -SUP Major Subd Process PH Revised 081803.doc I. 405 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 - `4441! If E ya ri r v s .,to e.c44 OUTLINE, GROWTH MANAGEMENT SYSTEM Evolution of Proaosed Growth Management System May 6, 2002- Planning Board Letter to BOCC Requesting Additional Growth Controls in Large Residential Developments June 6, 2002- Joint BOCC /Planning Board Meeting and Discussion of Challenges Posed by Large Developments June 18, 2002 BOCC Passed Resolution Requesting Relevant Issues and Possible Actions Be Researched August 29, 2002 Brief Discussion at BOCC Work Session September 3, 2002 Issues Report Presented at BOCC Meeting. Following Presentation, the Board Directed the Administration to Prepare a Special Use Permit Approval Process for Large -Scale Residential Development August 6, 2003 Planning Board Discussed Proposed Growth Management System II. Two (2) Primary Land Use Objectives Al. Major Subdivisions in Areas with Urban Infrastructure Potential A2. Minor Subdivisions in Areas Consistent with Rural /Agricultural Activities and Character B. Reduce Vehicle Miles Traveled (VMT) and Associated Air/Water Quality Impacts II. Zoning and Subdivision Ordinance Revisions Required to Achieve Objectives A. Special Use Subdivision Growth Management System Establishing Threshold Size And Location - August 2P Quarterly Public Hearing 1. Subdivision Process Changes A. Designates Areas Based on Growth Potential (Urbanizing vs. Rural) B. Adds Residential /Subdivision Categories to Permitted Use Table Creating Thresholds On the Number of Lots C. Based on Number of Lots and Location a. Special Use Permit (SUP) General Standards Currently in Effect Threshold Size and Location Standards Are Proposed b. SUP Rezoning • Planned Development Regulations Already Exist 2. Subdivision Requirements Changes . A. Added Additional Submittal Criteria for Application 3. Location A. Urbanizing /Rural Growth Boundary B. Promotes Larger (# lots) Subdivisions in Areas with Urban Infrastructure Potential C. Reduces Urban Sprawl Impacts and Promotes Countywide Environmental and Rural Sustainability 4. Scale A. The Proposed Special Use Subdivision Growth Management System Will Encourage the Appropriate Scaling of Subdivisions — An 80 -lot subdivision in Cedar Grove would have a different impact, both visually and from a public services provision standpoint, than it would if it were located in a Transition Area just outside of Hillsborough. The proposed System promotes subdivision design at scales consistent with a rural /agricultural character or urban character depending upon geographic location within the County. ©0% ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 TABLE, GROWTH MANAGEMENT SYSTEM URBANIZING AREA t : Zoning R-1 AND EDD ZONING LOCATED IN WATER AND SEWER BOUNDARY AGREEMENT District: SERVICE AREAS AN* (L) — Legislative (QJ) — Quasi - Judicial RURAL AREA 1 Zoning BALANCE OF COUNTY'S PLANNING (GREEN *) District: SUBDIVISION MAJOR CLASS A SPECIAL USE PERMIT PLANNED DEVELOPMENT 1. Number of Lots 6 -19 20 -40 41 -79 80+ 2. Zoning Process Admin. and PB Admin. and PB Admin. and PB Admin. and PB Review and BOCC (who ?) Review and BOCC Review and BOCC Review and BOCC Review and BOCC SUP Approval Approval SUP Approval SUP Approval SUP Approval 3. Planned No No No Yes Development Amendment L Zoning 4. Special Use Permit No Amendment L Yes J 4. Special Use Permit No Yes, Including Yes, Including Yes J Level I Analysis Level II Analysis (L) — Legislative (QJ) — Quasi - Judicial RURAL AREA 1 Zoning BALANCE OF COUNTY'S PLANNING (GREEN *) District: (L) - Legislative (QJ) — Quasi- Judicial *See Attached Special Use Subdivision Growth Management System Map (1] Subdivisions over 19 lots with multiple zoning districts and /or zoning district overlays shall be subject the Planned Development Process Note: No Change Recommended for Minor Subdivisions G :�Comprehenslve Planning D10,TAltierl, 1and use element GM System Table 082043 BOCC wkses.dcc 1 SUBDIVISION MAJOR CLASS A SPECIAL USE PERMIT PLANNED DEVELOPMENT 1. Number of Lots 6 -19 20 -40 41+ 2.. Zoning Process Admin. and PB Admin. and PB Review and BOCC SUP Admin. and PB (who ?) Review and BOCC Approval Review and BOCC Approval SUP Approval 3. Planned No No Yes Development Zoning Amendment L 4. Special Use Permit No Yes Yes J (L) - Legislative (QJ) — Quasi- Judicial *See Attached Special Use Subdivision Growth Management System Map (1] Subdivisions over 19 lots with multiple zoning districts and /or zoning district overlays shall be subject the Planned Development Process Note: No Change Recommended for Minor Subdivisions G :�Comprehenslve Planning D10,TAltierl, 1and use element GM System Table 082043 BOCC wkses.dcc 1 li . II. A. Part 1. Special Use Subdivision Growth Management System GIS map created by Miriam Coleman, Orange County Planning Dept, 8111103 DRAFT I I Bend Urbanizing: R1 and EDD in PSA Rural: Balance of County's Planning Jurisdiction RuralBuffer City Limits ETJ 'Cooperative Planning Analysis Area ` 'rimary Service Area of ter and Sewer Boundary eement An area of further study Neen the City of Durham Orange County, portions +hick may be considered transition area land use sification. 11' PLEASE NOTE: Pages 009 — 021 are part of a Planning Board Work Session on 8 -6 -03. Actual ordinance language is located on pages 023 -- 038. .wwn r.ne�u�ru uww�wOnC"CwaTCVCTCM R-1 & EDD ZONING IN WATER SEWER BOUNDARY URBANIZING TAN SUBDMSION - MA]OR J SUP 11 SUP II PD Number of Lots 6 -19 1 20 -40. 1 41 -79 80+ BALANCE OF ORANGE COUNTY PLANNING 7URI0DICTION IN WATER SEWER BOUNDARY RURAL GREEN SUBDMSION MAIOR SUP PD Number of Lots 6 -19 20 -40 41+ Maior Subdivision Class A Special Use Additional Information (To be submitted for all applications) In addition to a Preliminary Plan prepared in accordance with the Orange County Subdivision Regulation and the information required in Subsections 8.2 and 8.8, the following shall be submitted as part of the application: 1. NOTIFICATION Stamped envelopes addressed to each owner of property within 500 feet (radius drawing) of the property proposed to be subdivided. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records system. (Submittal: To be submitted on Land Records letterhead with signature and date of Land Record certification) R R R E 2. DEVELOPMENT SCHEDULE The statement from the applicant indicating the anticipated development schedule for the build out of the project. (Submittal: One -half page specifying the phasing of the project and timeline for each phase, if any.) R R R E 010 CrwwtnwonC r-on mYU MANeGFMFNT SYSTEM J aA��V/1�WV R -1 & EDD ZONING IN WATER /SEWER BOUNDARY URBANIZING TAN SUBDIVISION MAJOR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 80+ BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER /SEWER BOUNDARY RURAL GREEN SUBDMSION MAJOR SUP PD Number of Lots 6 -19 20 -40 41+ 3. PUBLIC WATER/SEWER COMMITMENT If the residential lots are proposed to be served by a public water system, proof of water supply and service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the water system providing the water to serve the lots in the subdivision. If the residential lots are proposed to be served by a public sewer system proof of public sewer service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the sewer system providing the sewer service to the lots in the subdivision. If the residential lots are proposed to be served by a community water and/or sewer system, proof that the system(s) will be operated either directly by or through contract with the water and /or sewer provider whose service area or interest area, as defined in the Water and Sewer Management, Planning and Boundary Agreement, includes the subdivided land. (Submittal: Certified letter from the public utility provider(s) indicating intent and ability to serve the project) NOTE: Public water and sewer is necessary in the transition areas which are part of the Water and Sewer Boundary Agreement. "There are areas not in transition that are within the Water and Sewer Boundary Agreement and limitations of scale and location that would still apply except as changed by special use rezoning. *N /A R R R STANDARDS. GROWTH MANAGEMENT SYSTEM R-1 & EDD ZONING IN WATER SEWER BOUNDARY URBANIZING TAN SUBDMSION MAJOR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 1 80+ BALANCE OF ORANGE COUNTY PLANNING 3URISDICTION IN WATER SEWER BOUNDARY RURAL GREEN SUBDMSION MAJOR SUP served by individual wells or community PD Number of Lots 6 -19 20 -40 41+ 4. WATER RESOURCE REPORT (For applications where more than 20% of total lots are less than 2 acres) If the residential lots are proposed to be served by individual wells or community wells, a professionally prepared groundwater yield analysis relating the R R R R proposed wells to the U.S. Geological II Survey Water Resources Investigations I II 11 Report 00 -4286 and any later USGS Water Resource Investigation Report data available. (Submittal: Certified letter from hydrologist indicating impact on groundwater resources, available supply, and possible alternate well zones and recharge areas.) 5. OPEN SPACE CONNECTIVITY A map that demonstrates both open space connectivity and open space accessibility E E E E to all lots in the subdivision and adheres to the concept of "borrowed open space" availability to all lots in the subdivision. (Submittal: Plan and one -half page explanation explaining how project meets comprehensive open space program, connectivity & accessibility, etc.) 6. NATURAL & HUMAN MADE RESOURCES A written and graphic site analysis illustrating soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, infrastructure and other manmade features, historic and archaeological sites, and visual analysis of views into and from the site. (Submittal: Plan and one page summary of R R R R how intent of this section is met) I I tl II 012 crANnARnS_ GROWTH MANAGEMENT SYSTEM R-1 & EDD ZONING IN WATER /SEWER BOUNDARY URBANIZING TAN SUBDMSION MAIOR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 1 80+ BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER SEWER BOUNDARY (RURAL) G71& SUBDMSION MAIOR SUP plan for sidewalks or pedestrian/bike lanes Number of Lots 6 -19 20 -40 7. PEDESTRIAN /BICYCLE PLAN If the subdivision is located in a Transition Area designated as such on the Land Use Element of the Comprehensive Plan, a plan for sidewalks or pedestrian/bike lanes as part of the public roads using where appropriate alternative North Carolina Department of Transportation design guidelines that include pedestrian /bike lanes as part of the public road system. For proposals not located in a transition area an off -road, open space pedestrian plan shall be submitted and/or other plans as approved by NCDOT. (Submittal: Plan and one half -page written summary) E R R R 8. SOLID WASTE (For applications of more than 40 lots) The location within the subdivision of a solid waste convenience center(s) intended to serve the subdivision and, where appropriate, the area in which the subdivision is located. (Submittal: Plan) N/A NIA R -R 9. LANDSCAPE PLAN DETAILS A landscape plan that shows: 1) the proposed locations, and types of, plantings, 2) the existing natural landscape with existing topography, 3) the width of roadside and perimeter buffers to be left undisturbed, 4) the open space (proposed undisturbed and proposed improved) as well as type of ownership shall be submitted with the application. (Submittal: Plan and material list) E E E E CTeNneRnc ranwTH MANOrFMFNT SYSTEM 0 1 3 R -1 & EDD ZONING IN WATER /SEWER BOUNDARY URBANIZING TAN SUBDIVISION MAJOR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 1 80+ BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER /SEWER BOUNDARY RURAL GREEN SUBDMSION MAJOR SUP J PD Number of Lots 6 -19 20 -40 41+ 10. TRAFFIC STUDY A traffic impact study as provided in Article 13 within transition areas and for all applications of more than 40 lots outside of transition areas, and include in that study the need for public road improvements both onsite and offsite that relates to the level of service of public roads that will be impacted by the development. (Submittal: Report prepared in accordance R R R with Ordinance) N/A I II II NEW Additional Information (For all applications over 40 lots or for any site identified on the Resource Protection Area map) 11. BIOLOGICAL INVENTORY A biological inventory, performed by Planner which identifies habitat diversity, species diversity, species of special concern such as those designated as threatened or endangered, last known sighting, candidate species likely to be present which may warrant protection, specimen trees outstanding in size and/or species, and the status and source of the information compiled in the inventory. The biological inventory shalt be accompanied by an analysis describing habitat integrity, relationships between habitats and to ecological communities offsite, any existing threats to flora and fauna and potential for habitat enhancement. [Submittal: Report and analysis R R (appro)imately 5 pages)] GS GS 1 II 014 CTArinARnc r.RnwTH MANAGEMENT SYSTEM R -1 & EDD ZONING IN WATER /SEWER BOUNDARY URBANIZING TAN SUBDMSION MA]OR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 80+ BALANCE OF ORANGE COUNTY PLANNING JURISDICTION IN WATER SEWER BOUNDARY RURAL GREEN SUBDMSION MAIOR SUP biological inventory will be altered as a PD Number of Lots 6 -19 20 -40 41+ 12. ENVIRONMENTAL MITIGATION A mitigation plan is required when any wetland or other environmentally sensitive area identified in the biological inventory will be altered as a result of development of the subdivision or construction of homes or other buildings and structures associated with the subdivision. The mitigation plan shall include the following: a. An assessment of the ecological value of resources that will be lost and a statement of how that value will be replaced through mitigation; b. A specific statement of the goals and objectives, i.e., exactly what steps will be taken to compensate for lost habitat, etc.; c. Detailed descriptions in the form of grading plans, construction plans, and planting plans to illustrate how the objectives will be carried out; d. A monitoring and maintenance plan to measure success of the mitigation based on stated objectives. Include a list of parties responsible for monitoring and maintenance, a schedule for each, and how results will be reported to the Planning and Inspections R R Department; GS GS 1 II CTANnARnS_ rRnWTH MANAGEMENT SYSTEM R-1 & EDD ZONING IN WATER SEWER BOUNDARY URBANIZING TAN SUBDIVISION MAIOR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 80+ BALANCE OF ORANGE COUNTY PLANNING JURISDICTION IN WATER SEWER BOUNDARY RURAL GREEN SUBDMSION MA70R SUP construction methods that could be PD Number of Lots 6 -19 20-40 41+ e. A plan showing how the site will be protected from impacts by human and unwanted animal intrusion, alternate plant species and construction methods that could be used in the event adjustments or substitutions are needed until the mitigation area is established; and f. A financial guarantee is required for the total cost of the mitigation project. Once the installation is complete, thirty percent (30 %) of the amount of the letter of credit or escrow will be held for twelve (12) months or until the site is established, whichever is greater. [Submittal: Report and Analysis (approximately 10 pages)] 13. LOW IMPACT DESIGN (Design booklet) R R R GS I II II Standards of Evaluation The following specific standards shall be used in deciding on an application for this use:. A. The project meets all applicable design standards and other requirements of the Zoning Ordinance and the Subdivision Regulations. E E E E B. The project meets all service provision criteria as set forth below: 1. Fire, 2. Police, 3. Rescue Services, 4. Water Supply, 5. Wastewater Treatment Methods. R R R R 01 CTAWnAQnc_ [:RnWTH MANAGEMENT SYSTEM R-1 & EDD ZONING IN WATER /SEWER BOUNDARY URBANIZING TAN SUBDMSION MAJOR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 80+ BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER SEWER BOUNDARY RURAL GREEN SUBDMSION MAJOR SUP PD Number of Lots 6 -19 20 -40 41+ C. Habitats shall be identified and evaluated in the biological inventory required.by GS R R R 8.8.29.1 B (a) and are subject to the I II II following: 1. An undisturbed buffer is required around the boundary of habitats of rare, threatened, or endangered species as shown on the biological inventory. Buffer width shall be determined by site evaluation in consultation with the applicant's biologist and officials from the NC Department of Agriculture and /or the NC Department of Environment, Health and Natural Resources; 2. Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction. Examples include preserving, planting, and maintaining a variety of native vegetation (also dead trees and snags); installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species; or creating wetlands; 3. Conservation easements or other acceptable means such as dedication to a public agency, or conservancy or a homeowner's association are required to protect wetlands and other habitats while insuring proper long -term maintenance; and STANDARDS, GROWTH MANAGEMENT SYSTEM R -1 & EDD ZONING IN WATER SEWER BOUNDARY URBANIZING TAN SUBDMSION MAJOR SUP I SUP II PD Number of Lots 6 -19 1 20 -40 41 -79 1 80+ BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER /SEWER BOUNDARY RURAL GREEN SUBDIVISION MAJOR SUP allowed if proposed in a sensitive PD Number of Lots 6 -19 1 20-40 1 1 41+ 4. Provide barriers or fencing, and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access. Limited access may be allowed if proposed in a sensitive manner for environmental education purposes. D. Landscaping and Buffers 1. Protection of Existing Vegetation a. Existing vegetation shall be preserved as indicated on the approved landscape plan in accordance with the provisions of Article 12.2 of the Zoning Ordinance; E E E E b. Tree protection measures shall be installed and maintained between all areas of disturbance and trees to be retained as shown on the approved landscape plan. A detail of the tree protection barrier proposed shall be included as part of the landscape plan submitted R R R R with the application; I I 11 II c. Corridors connecting habitats identified in the biological inventory shall be preserved along fencerows, streams, buffers, or other wooded areas. If destroyed during construction, such connections shall be restored using R R R R appropriate plant materials; I I 11 11 r� 0 1 U STANDARDS. GROWTH MANAGEMENT SYSTEM R -1 & EDD ZONING IN WATER /SEWER BOUNDARY URBANIZING TAN SUBDMSION MAJOR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 80+ BALANCE OF ORANGE COUNTY PLANNING JURISDICTION IN WATER /SEWER BOUNDARY RURAL GREEN SUBDMSION MAJOR SUP composted, buried or otherwise R PD R Number of Lots 6 -19 20 -40 1 II 41+ d. Trees and stumps cleared for roads and building construction shall either be used for timber purposes or shredded_ for landscape mulch, composted, buried or otherwise R R R R disposed of BUT NOT BURNED. t 1 II II 2. Berms, fences and landscaping walls may be used with plant materials for screening, provided such features are designed and located in harmony with other site features and functions; 3. Use of xeriscaping principles. E. Stormwater Management 1. No net increase in peak flow leaving the site from the predevelopment conditions for the 1 year, 24 -hour R R R R storm; I 1 11 2. The stormwater management system must respect existing drainage patterns. Runoff shall be directed away from erosion -prone slopes. Paved paths may be used to channel R R R R runoff; I I II I I 3. Energy dissipaters such as rtprap aprons shall be used where runoff is concentrated and discharged, for example, at downspouts from rooftops and storm drains at parking areas. Runoff shall not be discharged directly into surface water, or other R R R R environmentally sensitive areas; I 1 11 1 II cTeNnARnc_ GROWTH MANAGEMENT SYSTEM 019 R-1 & EDD ZONING IN WATER /SEWER BOUNDARY URBANIZING TAN SUBDIVISION MAJOR SUP I SUP II PD Number of Lots 6 -19 20 -40 1 41 -79 1 80+ BALANCE OF ORANGE COUNTY PLANNING•7URISDICTION IN WATER SEWER BOUNDARY RURAL GREEN SUBDIVISION MAJOR SUP reestablished prior to discharge into a R PD R Number of Lots 6 -19 20 -40 1 II 41+ 4. Concentrated stormwater, conveyed by ditches, channels, pipes, swales or other conveyance systems must be dispersed and diffuse flow reestablished prior to discharge into a R R R R stream buffer; I 1 II 11 5. Nitrogen toad contribution must be R R R R held to 3.6 Ibs per acre per year. I I 11 II F. Drainage 1. All drainage structures will be installed and maintained according to the approved Stormwater Management R R R R Plan. I I II II 2. Subdivisions that include retention /detention ponds shall comply with the requirements in Section 6.23.4, Operation and Maintenance of R R R R Structural Best Management Practices. I I II II G. Grading and Erosion Control 1. Plans for grading and erosion control comply with standards contained in the Orange County Erosion and Sediment R R R R Control Ordinance and Manual; I t tl II 2. Construction is phased to the extent practical to minimize disturbance and sedimentation; 3. Sediment control measures will be properly installed to filter sediment from runoff during construction and maintained until grading is complete and a permanent vegetative cover has been established and all slopes stabilized; and 020 STANDARDS, GROWTH MANAGEMENT SYSTEM R-1 & EDD ZONING IN WATER /SEWER BOUNDARY URBANIZING TAN SUBDMSION. MAJOR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 80+ BALANCE OF ORANGE COUNTY PLANNING JURISDICTION IN WATER /SEWER BOUNDARY RURAL GREEN SUBDMSION MAJOR SUP H. Solid Waste Management PD Number of Lots 6 -19 20 -40 41+ 4. Permanent landscaping, groundcover, mulch, etc. will be installed as soon as practical after construction activities for each phase are completed. H. Solid Waste Management The Solid Waste Management Plan submitted as part of the Resources Management Plan shall include the method(s) of disposal and recycling of construction debris. I. Irrigation 1. Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated. according to a water conservation plan described in the Resources Management Plan submitted with the application; 2. The Resources Management Plan shall identify the source(s) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and 3. Water recycled from stormwater retention ponds or treated sewage effluent is used for irrigation where .it is a legally permitted alternative. STANneRDS_ cROUVTH MANAGEMENT SYSTEM 0 2 1 R-1 & EDD ZONING IN WATER SEWER BOUNDARY URBANIZING TAN SUBDIVISION MAJOR SUP I SUP II PD Number of Lots 6 -19 20 -40 41 -79 80+ BALANCE OF ORANGE COUNTY PLANNING JURISDICTION IN WATER/ SEWER BOUNDARY RURAL GREEN SUBDMSION MAJOR SUP accordance with the Resources PD Number of Lots . 6 -19 20 -40 41+ J. Habitat Maintenance 1. Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and /or a conservation easement agreement; and 2. Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic (non- native) plant species, and keeping drainage ways functioning properly. K. Crime Prevention through Environmental Design (Reserved) L. Public Road Access Access to the subdivision and access to lots within the subdivision to existing public roads shall conform to and be in compliance with any public road access management plan adopted by Orange County. M. Maintenance of Improvements All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, etc. will be maintained in function and appearance. Maintenance specifications, if any, for on -going site management shall be submitted as part of the Resources Management Plan. 022 - This page left blank intentionally - Ordinance to Public Hearing Bold = Proposed Language ugh = Deleted Language An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Subdivision Regulations and the Orange County Zoning Ordinance are hereby amended as follows 023 Section 1. SUBDIVISION REGULATIONS. Amend Definitions Section II to create a new definition for Resources Management Plan as follows: A document and map, submitted as a part of a Major Subdivision, Class A Special Use Permit application or a Major Subdivision, Planned Development Atlas Amendment with SUP application, that sets forth, in detail, the location of and the proposed methods for: 1) protection of natural resources (i.e. habitat maintenance, existing vegetation, and mitigation of environmentally sensitive areas), 2) ownership and maintenance of open spaces (common open space, proposed conservation easements, and landscape buffers) 3) provision of services (solid waste management to include recycling, storm water management (temporary and permanent), irrigation systems to include the source of water, 4) the method of handling of land clearing debris. Section 2. SUBDIVISION REGULATIONS. Amend Definitions Section II to create a new definition for Wetland as follows: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Definition taken from EPA regulations at 40 CFR Section 230.3(t) and COE Regulations at 33 CFR Section 328.3(b), as of July 2nd, 2002.). Section 3. SUBDIVISION REGULATIONS. Amend Section III-D -3 to read as follows: Preliminary Plat Approval Application and approval procedures specified in this Section may be apply to all Preliminary Plats.- except and to the extent that applicable Orange County Zoning Ordinance application and approval procedures pertain. The applicant of a major subdivision not otherwise classified as a Major Subdivision, Class A Special Use (Rural or Urbanizing) or a Major Subdivision, Planned Development (Rural or Urbanizing) may I areas h b b , ^rr , + lied the � plie ,„* m ,,,..t ay ever- choose to vest the Preliminary Plat for a longer time period than is otherwise provided by this Section. If he /she wishes to exercise this option, the application approval procedures required for Class A Special Uses shall apply as specified in Article g: currentplanning /RoberVmajorsubdivisionSUPOnly with Headings 024 Ordinance to Public Hearing 8 of the Orange County Zoning Ordinance for a Site Specific Development Plan Special Use. Those subdivisions of land which require a Class A Special Use under this Ordinance and under the Orange County Zoning Ordinance shall comply with the requirements of the Orange County Subdivision Regulations and the Orange County Zoning Ordinance. For the purpose of determining whether a major subdivision is a Class A Special Use, the number of lots created shall be determined by counting the cumulative number of lots created, through a regulated subdivision, on a tract or parcel of land as the boundaries of the tract or parcel of land existed in the Land Records of Orange County as of [the effective date of these Ordinance Amendments] Section 4. ZONING ORDINANCE. Amend Table of Contents, Article VIII to add four new uses entitled "Maior Subdivision Class A Special Use, Rural ", "Maior Subdivision Class A Special Use, Urbanizing ", "Maior Subdivision, Planned Development, Rural' and "Maior Subdivision, Planned Development, Urbanizing" and to identify them as Section 8.8.29 with corresponding subheadings and nomenclature as specified in Section 6 of this Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County. Section 5. ZONING ORDINANCE. Amend Permitted Use Table by adding eight new uses identified as "H15 Major Subdivision Class A Special Use, Rural (20 -40 Lots)" and, "H16 Maior Subdivision Class A Special Use, Urbanizing (20 -79 Lots )", `H17 Maior Subdivision, Planned Development, Rural (41+ Lots)' and "1118 Maior Subdivision, Planned Development, Urbanizing (80+ Lots)' and "S59 Maior Subdivision Class A Special Use, Rural (20 -40 Lots)' and "S60 Major Subdivision Class A Special Use, Urbanizing (20 -79 Lots) ", "S61 Major Subdivision, Planned Development, Rural (41+ Lots)', and "S62 Maior Subdivision, Planned Development, Urbanizing (80 Lots)" with a requirement for either a Planned Development Atlas Amendment with Class A Special Use Permit or a Class A Special Use Permit for areas designated as either within or outside of Primary Service Areas, as appropriate, identified in the Water and Sewer Management Planning and Boundary Agreement Map adopted December 3, 2001 and as amended from time to time Section 6. ZONING ORDINANCE. Amend Article 8 by adding a new Special Use to read as follows: 8.8.29 Maior Subdivision Class A Special Use (Rural or Urbanizing) 8.8.29.1A Additional Information (To be submitted for all applications) g:currentplanning/ Robert /majorsubdivisionSUPOnly with Headings Ordinance to Public Hearing 0 2 �- In addition to a Preliminary Plan prepared in accordance with the Orange County Subdivision Regulation and the information required in Subsections 8.2 and 8.8, the following shall be submitted as part of the application: a) NOTIFICATION Stamped envelopes addressed to each owner of property within 500 feet of the property proposed for subdivision. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records system. (Submittal: To be submitted on Land Records letterhead with signature and date of Land Record certification) b) DEVELOPMENT SCHEDULE A statement, from the applicant, indicating the anticipated development schedule for the build out of the project. (Submittal: One -half page specifying the phasing of the project and timeline for each phase) cl) PUBLIC WATER/SEWER COMMITTMENT If the proposed residential lots are to be served by a public water system, proof of water supply and service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the water system providing the water to serve the lots in the subdivision. If the residential lots are proposed to be served by a public sewer system proof of public sewer service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the sewer system providing the sewer service to the lots in the subdivision. If the residential lots are proposed to be served by a community water and/or sewer system, proof that the system(s) will be operated either directly by or through contract with the water and/or sewer provider whose service area or interest area, as defined in the Water and Sewer Management Planning and Boundary Agreement adopted December 3, 2001, includes the subdivided land. (Submittal: Certified letter from the public utility provider(s) indicating intent and ability to serve the project) c2) WATER RESOURCE REPORT (For applications where more than 20% of total lots are less than 2 acres) g:currentplanning / Robert /majorsubdivisionSUPOnly with Headings 026 Ordinance to Public Hearing If the residential lots are proposed to be served by individual wells or community wells, a professionally prepared groundwater yield analysis relating the proposed wells to the U.S. Geological Survey Water Resources Investigations Report 00 -4286 and any later USGS Water Resource Investigation Report data available. (Submittal: Certified letter from hydrologist indicating impact on groundwater resources. d) OPEN SPACE CONNECTIVITY A map that demonstrates both open space connectivity and open space accessibility to all lots in the subdivision and adheres to the concept of "borrowed open space" availability to all lots in the subdivision. (Submittal: Plan and one -half page explanation explaining how project meets open space connectivity & accessibility) e) NATURAL & MAN MADE RESOURCES A written and graphic site analysis illustrating soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, infrastructure and other manmade features, historic and archaeological sites, and visual analysis of views into and from the site. (Submittal: Plan and one page summary of how intent of this section is met) i) PEDESTRIANBICYCLE PLAN If the subdivision is located in a Transition Area designated as such on the Land Use Element of the Comprehensive Plan, a plan for sidewalks or pedestrian/bike lanes as part of the public roads using where appropriate alternative North Carolina Department of Transportation design guidelines that include pedestrian/bike lanes as part of the public road system. For proposals not located in a transition area an off -road, pedestrian plan shall be submitted. (Submittal: Plan and one half -page summary) g) SOLID WASTE (For applications of more than 40 lots) The location within the subdivision of a solid waste convenience center(s) intended to serve the subdivision and, where appropriate, the area in which the subdivision is located. (Submittal: Plan) g:currentplanning / Robert /majorsubdivisionSUPOnly with Headings Ordinance to Public Hearing h) LANDSCAPE PLAN DETAILS A landscape plan that shows: 1) the proposed locations, and types of, plantings, 2) the existing natural landscape with existing topography, 3) the width of roadside and perimeter buffers to be left undisturbed, 4) the open space (proposed undisturbed and proposed improved) as well as type of ownership shall be submitted with the application. (Submittal: Plan and material list) i) TRAFFIC STUDY A traffic impact study as provided in Article 13 within transition areas and for all applications of more than 40 lots outside of transition areas, and include in that study the need for public road improvements both onsite and offsite that relates to the level of service of public roads that will be impacted by the development. (Submittal: Report prepared in accordance with Ordinance) 8.8.29.1B Additional Information (For all applications over 40 lots or for any site identified on the Resource Protection Area Map) a) BIOLOGICAL INVENTORY A biological inventory which identifies habitat diversity, species diversity, species of special concern such as those designated as threatened or endangered, last known sighting, candidate species likely to be present which may warrant protection, specimen trees outstanding in size and/or species, and the status and source of the information compiled in the inventory. The biological inventory shall be accompanied by an analysis describing habitat integrity, relationships between habitats and to ecological communities offsite, any existing threats to flora and fauna and potential for habitat enhancement. (Submittal: Report and analysis) b) ENVIRONMENTAL MITIGATION A mitigation plan is required when any wetland or other environmentally sensitive area identified in the biological inventory will be altered as a result of development of the subdivision or construction of homes or. other buildings and structures associated with the subdivision. The mitigation plan shall include the following: g:currentplanning / Robert /majorsubdivisionSUPOnly with Headings 027 Qz8 Ordinance to Public Hearing 1) An assessment of the ecological value of resources that will be lost and a statement of how that value will be replaced through mitigation; 2) A specific statement of the goals and objectives, i.e., exactly what steps will be taken to compensate for lost habitat, etc.; 3) Detailed descriptions in the form of grading plans, construction plans, and planting plans to illustrate how the objectives will be carried out; 4) A monitoring and maintenance plan to measure success of the mitigation based on stated objectives. Include a list of parties responsible for monitoring and maintenance, a schedule for each, and how results will be reported to the Planning and Inspections Department; 5) A plan showing how the site will be protected from impacts by human and unwanted animal intrusion, alternate plant species and construction methods that could be used in the event adjustments or substitutions are needed until the mitigation area is established; and 6) A fmancial guarantee is required for the total cost of the mitigation project. Once the installation is complete, thirty percent (30 %) of the amount of the letter of credit or escrow will be held for twelve (12) months or until the site is established, whichever is greater. 8.8.29.2 Standards of Evaluation The following specific standards shall be used in deciding on an application for this use: a) The project meets all applicable design standards and other requirements of the Zoning Ordinance and the Subdivision Regulations. b) The project meets all service provision criteria as set forth below: g:currentplanning / Robert /majorsubdivisionSUPOnly with Headings Ordinance to Public Hearing 029 (1) Fire (2) Police (3) Rescue services (4) Water Supply (5) Wastewater Treatment Methods c) Habitats shall be identified and evaluated in the biological inventory required by 8.8.29.1B (a) and are subject to the following: (1) An undisturbed buffer is required around the boundary of habitats of rare, threatened, or endangered species as shown on the biological inventory. Buffer width shall be determined by site evaluation in consultation with the applicant's biologist and officials from the NC Department of Agriculture and/or the NC Department of Environment, Health and Natural Resources; (2) Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction. Examples include preserving, planting, and maintaining a variety of native vegetation (also dead trees and snags); installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species; or creating wetlands; (3) Conservation easements or other acceptable means such as dedication to a public agency, or conservancy or a homeowner's association are required to protect wetlands and other habitats while insuring proper long -term maintenance; and (4) Provide barriers or fencing, and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access. Limited access may be g:currentplanning/ Robert/majorsubdivisionSUPOnly with Headings 030 Ordinance to Public Hearing allowed if proposed in a sensitive manner for environmental education purposes. d) Landscaping and Buffers 1) Protection of Existing Vegetation (a) Existing vegetation shall be preserved as indicated on the approved landscape plan in accordance with the provisions of Article 12.2 of the Zoning Ordinance; (b) Tree protection measures shall be installed and maintained between all areas of disturbance and trees to be retained as shown on the approved landscape plan. A detail of the tree protection barrier proposed shall be included as part of the landscape plan submitted with the application; (c) Corridors connecting habitats identified in the biological inventory shall be preserved along fencerows, streams, buffers, or other wooded areas. If destroyed during construction, such connections shall be restored using appropriate plant materials; (d) Trees and stumps cleared for roads and building construction shall either be used for timber purposes or shredded for landscape mulch, composted, buried or otherwise disposed of BUT NOT BURNED. 2) Berms, fences and landscaping walls may be used with plant materials for screening, provided such features are designed and located in harmony with other site features and functions; 3) To minimize visual impact by blending architecture into the surrounding landscape, foundation plantings are required at all freestanding entrance signs; g:currentpianning/ RoberttmajorsubdivisionSUPOnly with Headings Ordinance to Public Hearing 4) Use of xeriscaping principles. e) Stormwater Management 1) No net increase in peak flow leaving the site from the predevelopment conditions for the 1 year, 24- hour storm; 2) The stormwater management system must respect existing drainage patterns. Runoff shall be directed away from erosion -prone slopes. Paved paths may be used to channel runoff; 3) Energy dissipaters such as riprap aprons shall be used where runoff is concentrated and discharged, for example, at downspouts from rooftops and storm drains at parking areas. Runoff shall not be discharged directly into surface water, or other environmentally sensitive areas; 4) Concentrated stormwater, conveyed by ditches, channels, pipes, swales or other conveyance systems must be dispersed and diffuse flow reestablished prior to discharge into a stream buffer; 5) Nitrogen load contribution must be held to 3.6 lbs per acre per year. f) Drainage 1) All drainage structures will be installed and maintained according to the approved Stormwater Management Plan. 2) Subdivisions that include retention/detention ponds shall comply with the requirements in Section 6.23.4, Operation and Maintenance of Structural Best Management Practices. g) Grading and Erosion Control 1) Plans for grading and erosion control comply with standards contained in the Orange County g: currentplanning /RoberVmajorsubdivisionSUPOnly with Headings 032 Ordinance to Public Hearing Erosion and Sediment Control Ordinance and Manual; 2) Construction is phased to the extent practical to minimize disturbance and sedimentation; 3) Sediment control measures will be properly installed to filter sediment from runoff during construction and maintained until grading is complete and a permanent vegetative cover has been established and all slopes stabilized; and 4) Permanent landscaping, groundcover, mulch, etc. will be installed as soon as practical after construction activities for each phase are completed. h) Solid Waste Management The Solid Waste Management Plan submitted as part of the Resources Management Plan shall include the method(s) of disposal and recycling of construction debris. i) Irrigation 1) Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; 2) The Resources Management Plan shall identify the source(s) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and 3) Water recycled from stormwater retention ponds or treated sewage effluent may be used for irrigation where it is a legally permitted alternative. j) Habitat Maintenance g:currentplanning / Robert /majorsubdivisionSUPOnly with Headings Ordinance to Public Hearing 1) Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and/or a conservation easement agreement; and 2) Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic (non - native) plant species, and keeping drainage ways functioning properly. k) Crime Prevention through Environmental Design (Reserved) I) Public Road Access Access to the subdivision and access to lots within the subdivision to existing public roads shall conform to and be in compliance with any public road access management plan adopted by Orange County. m) Maintenance of Improvements All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, open space, etc. will be maintained in function and appearance. Maintenance specifications, if any, for on -going site management shall be submitted as part of the Resources Management Plan and incorporated into Homeowners' Association documents. Section 7. ZONING ORDINANCE and SUBDIVISION REGULATIONS: Amend Article 22, the Definitions section of the Zoning Ordinance, and Section II Definitions of the Subdivision Regulations to create new definitions for following uses: Major Subdivision, Class A Special Use; Rural (20 -40 Lots) - -A tract of land zoned AR, Rl or RB located outside of a Primary Service Area (PSA), as defined in the Water and Sewer Management Planning and Boundary Agreement adopted December 3, 2001 and as may be amended from time to time, that is proposed for subdivision of 20 -40 lots, cumulatively. �1 Maior Subdivision, Class A Special Use, Urbanizing (20 -79 Lots) - -A tract of land zoned R -1 or EDD located within a Primary Service Area (PSA), as defined in the Water and Sewer Management Planning and Boundary g:currentplanning / Robert /majorsubdivisionSUPOnly with Headings Ordinance to Public Hearing Agreement adopted December 3, 2001 and as may be amended from time to time, that is proposed for subdivision 20 -79 lots, cumulatively. Major Subdivision, Planned Development, Rural (41+ Lots) -- A tract of land zoned AR, Rl or RB outside of a Primary Service Area (PSA), as defined in the Water and Sewer Management Planning and Boundary Agreement adopted December 3, 2001 and as may be amended from time to time, that is proposed for subdivision of 41 or more lots, cumulatively. Major Subdivision, Planned Development, Urbanizing (80+ Lots) -- A tract of land zoned R -1 or EDD located within a Primary Service Area (PSA), as defined in the Water and Sewer Management Planning and Boundary Agreement adopted December 3, 2001, that is proposed for subdivision of 80 or more lots, cumulatively. For the purpose of determining whether a subdivision is a Major Subdivision, Class A Special Use (Rural or Urbanizing), or a Major Subdivision, Planned Development, (Rural or Urbanizing) the number of lots created shall be determined by counting the cumulative number of lots created, through a regulated subdivision, on a tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land Records of Orange County as of [the effective date of these Ordinance Amendments Section 8. ZONING ORDINANCE Amend Definitions Article 22 to create a new definition for Resources Management Plan as follows: A document and map, submitted as a part of a Major Subdivision, Class A Special Use Permit application or a Major Subdivision, Planned Development Atlas Amendment with SUP application, that sets forth, in detail, the location of and the proposed methods for: 1) protection of natural resources (i.e. habitat maintenance, existing vegetation, and mitigation of environmentally sensitive areas), 2) ownership and maintenance of open spaces (common open space, proposed conservation easements, and landscape buffers) 3) provision of services (solid waste management to include recycling, storm water management (temporary and permanent), irrigation systems to include the source of water, 4) the method of handling of land clearing debris. Section 9. ZONING ORDINANCE Amend Definition Article 22 to create a new definition for Wetland as follows: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for g: currentplanning /Robert/majorsubdivisionSUPOnly with Headings Ordinance to Public Hearing life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Definition taken from EPA regulations at 40 CFR Section 230.3(t) and COE Regulations at 33 CFR Section 328.3(b), as of July 2 "d, 2002.). Section 10 ZONING ORDINANCE Amend 4.3 Permitted Use Table to create two classifications of the R -1 zoning district --- Rl* and Rl * *. R1* --- for properties located outside of the Primary Service Area as defined by Water and Sewer Management Planning and Boundary Agreement adopted December 3, 2001 and as maybe amended from time to time. Rl * * --- for properties located within the Primary Service Area as defined by Water and Sewer Management Planning and Boundary Agreement adopted December 3, 2001 and as may be amended from time to time. Section 11. ZONING ORDINANCE. Amend EDD Permitted Use Table by adding two new uses identified as "Maior Subdivision Class A Special Use, Urbanizing (20 -79 Lots " "Maior Subdivision, Planned Development, Urbanizing (80+ Lots)" with a requirement for either a Planned Development Atlas Amendment with Class A Special Use Permit or a Class A Special Use Permit in areas designated as Primary Service Areas as identified in the Water and Sewer Management Planning and Boundary Agreement Map adopted December 3, 2001. Section 12. This ordinance is effective upon its adoption. 05- NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance and 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 Orange County, 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 g:currentplanning / Robert /majorsubdivisionSUPOnly with Headings - This page left blank intentionally - c� M r,M Amendments: (1) 104-92 (8) (2) 2 -19.85 (8) (3) 10442 (7) (4) 1-5-87 (8) R1* = Outside Primary Service Area R1 ** = inside Primary Service Area 1-3-89 4.3 PERMITTED USE TABLE ii-91 * = PERMITTED USE 11 -19 01 A.= CLASS A SPECIAL USE (ARTICLE 8) B = CLASS B SPECIAL USE (ARTICLE 8) P = PLANNED DEVELOPMENT (Articles 7 & 8) (4) RB AR R1 R1* R1*' R2 R3 R4 R5 RS R13 LC1 NC2 CC3 GC4 EC5 01 El 11 12 13 AS Ht Day Care Fadlity, other than Large Day Care Home (1) (5) (8) B B B B B B B B B . His Day Care Home, Large (8) H2 Dwelling; Single - Family, wMo erfidency ' apartment . H3 Dwelling; Two Family H4 Dwelling; MulUPle Family H5 Dwelling; Mobile Home ' He Family Care Home H7 Grou Care Facill B B B B B B B B B B B B B B B H8 Rehabilative Care Facility H9 Hotels & Motela H10 Residential Hotel (Fraternities, Sororities, A A A A A and Dormitories H11 Rooming House H12 Tpmporery Mobile Home (Custodial Care) B B B B B B B B B B H12a Temporary Mobile Home (Use during constructiorvinstallation of permanent residential unit and for 30 days following Issuance of Certificate of Occupancy) 2 H13 Tourist Home 3 H14 Rural Guest Estabiistvnents (8) - - H14a Bed & Breakfast (8) ' H14b Bed & Breakfast Inn (e) B B H74c Country Inn (8) A A H15 Major Subdivision Class A Special Use, Rural (2040 Lots) A A A H16 Major Subdivision Class A Special Use, UrbanWng (20 -79 Lots) A H17 Major Subdivision, Planned Development, Rural (41+ Lots) P P P H18 Major Subdivision, Planned Development Urbani7Jng (80+ Lola) P Accessory Uses RB AR R1 R1* R1*" R2 R3 R4 R5 R8' R13 LC1 NC2. CC3 GC4 EC5 X01 El 11 12 13 AS m (4) gr CO Amendments: 4-1 -s5 6-16 -89 9-3.96 4.3 PERMITTED USE TABLE 3 -18-86 10 -1 -90 12 -17 -96 1-5-87 4-1 -91 '10 -21 -97 10-"7 3.1 -94 "= PERMITTED USE A = CLASS A SPECIAL USE (ARTICLE 8) R1• = Outside Primary Service Area B = CLASS B SPECIAL USE (ARTICLE 8) R1"• = Inside Primary Service Area (3) (8) RB AR R1 R1• R11— R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 ECS 01 El 11 12 13 AS ED PID 845 Deleted (5) S46 Deleted (5) S47 Deleted (5) S48 Sawmills S49 Stockyards + S50 Storage of Goods, Outdoor + S51 Storage of Warehousing: Inside Building S51a Studio (Art) (6) S52 Waste Management Facility; Hazardous 8 Toxic A A A S53 Wholesale Sales S54 Historic Sites Non- Residentlat /Mixed Use (1) A A A S55 Assembly and Packaging Operations Including Mail Order Houses, But Excluding On- Premises Retail Outlets (2) " S56 Crematoria (4) " S57 Golf Driving and Practice Ranges (7) B S58 Special Events (Less than 150) B B B S59 Major Subdivision Class A Special Use, Rural (20-40 Lots) A A A S60 Major Subdivision Class A Special Use, Urbanizing (20-79 Lots) A S61 Major Subdivision, Planned Development, Rural (41+ Lots) P P P S62 Major Subdivision, Planned Development, Urbanizing (80+ Lots) P RB AR R1 R1" R1'" R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 E05 01 Ell 11 12 13 AS ED PID (3) (8) C. Public Hearing Items vX AD - vfeo3 - /a7 G/ Orange County Planning Director Craig Benedict gave an introductory summary of the four items on agenda: 1. Zoning and subdivision amendments 2. EDD — Buckhorn EDD — suggested changes to permitted uses 3. Additional standards needed for EDD - Buckhorn 4. Water and Sewer Boundary Agreement and Map 1. Concurrent Amendments to Orange County Zoning Ordinance and Orange County Subdivision Regulations Regarding Subdivision Size, Location, Process, and Standards a. Amend Article IV, VIII, and XXII of the Zoning Ordinance and Section II of the Subdivision Regulations to incorporate by reference, the Water and Sewer Management Planning and Boundary Agreement Map adopted December 3, 2001. b. Amend Article VIII of the Zoning Ordinance and Section II and III of the Subdivision Regulations to create a special use permit process that sets special use standards and location criteria for subdivision size (number of lots) based on zoning district and service areas identified in the Water and Sewer Management Planning and Boundary Agreement Map. Craig Benedict gave a PowerPoint presentation. He showed a map of the entire County. He said that in May 2002, the Planning Board expressed concern about the amount of development activity in the rural sections of the County. The existing regulations may not have been able to address the impacts upon the rural environment. The County Commissioners and the Planning Board asked the staff to investigate other manners of reviewing subdivisions in these areas that could address the impacts. Through a series of meetings, a special use process was discussed to review subdivisions. It has been suggested that subdivisions over a certain size would go through this special use process. He pointed out the areas on a map where growth would be promoted. In the urban areas of the County, subdivisions would follow a process based on the size, as follows: 6 -19 lots would follow the same process that exists now; 20-40 lots would follow the process of a class A special use permit; 41 -79 lots would require a more strict analysis; and 80+ lots would require a rezoning process (planned development). In the rural areas of the County, there is a different threshold number. Again, 6 -19 lots would follow the same major subdivision process. A class A special use permit would be needed for 20-40 lots, and planned development would be used for 41+ lots. Craig Benedict showed four different growth management options on different maps. Option four includes the greatest amount of land. If there were a planned development subdivision (40+ in the rural area or 80+ in the urban area), then it would be presented at a quarterly public hearing with the Planning Board and the Board of County Commissioners. The Board of County Commissioners would hear public input and refer it to the Planning Board, which would make a recommendation back to the County Commissioners for a decision. Commissioner Gordon made reference to the process and said that she is concerned that this approach seems to do two things at once —1) we are trying to improve the subdivision process so that there is a higher standard of performance for larger developments and 2) we are basically changing the map. She said that it is not as logical as what she thought the process was supposed to be. She would like to leave the comprehensive plan and zoning plan alone, and focus on trying to improve the subdivision process. Commissioner Jacobs asked for information on subjective cut -off sizes for the different threshold sizes. He would like to see some real examples to see what impacts there actually are that led the staff to these numbers. He also asked about the current thinking of pursuing updating the comprehensive land use plan. Craig Benedict said that this is a procedural and standard process and these amendments do not have any linkage to comprehensive land use planning density changes. He said that they are suggesting an outreach proposal using a facilitation firm to propose some changes to the overall plan of the County. This will be coming back to the Board for approval soon. Regarding the threshold numbers, they did some research on existing subdivisions. They considered traffic, location, and impacts on water and sewer. Commissioner Gordon said that, as a practical matter, there is a land use plan map as part of the comprehensive plan and a zoning map, and Craig Benedict is suggesting another map. She submits that it makes a lot more sense to get the comprehensive plan straight and the rezoning map straight and then do this. Then there would not have to be the different options. She said that this is extremely confusing. Commissioner Gordon made some suggestions about the text language as follows: - page 23, section 3, Subdivision Regulations — reword this so it is clear - page 24, section 5, New Classifications — check on level 1 versus level 2 analysis - page 25, section c1, word it so that there is always a public utility handling it - page 26, Open Space Connectivity, section d, define "borrowed open space" - section a on the same page, "natural, man, and manmade resources" — she suggests "natural and constructed resources" (something gender neutral) - page 29, c1, define this better - page 30, d1c, she asked if fenced rows should be included in the list, along with streams and other things, in terms of connectivity - page 31, e5, Nitrogen load contribution must be held to 3.6 pounds per acre, and she asked for a justification of this number - page 37, in the permitted use table, star is used two ways - page 38, explain what 'S' means Renee Price asked about the various options and to make sure the planning process does not appease the developer but is not good for the County. She said that there were too many categories. She would like to focus more on the process and how much the citizens of Orange County understand where they are in the County. Barry Katz said that the land use element map and the zoning map do not harmonize and asked if the intent was to create a map that does harmonize. Craig Benedict said that R -1 zoning may have different densities in different sections of the County. The land use map does not differentiate between densities. They are adding another map to the land use plan - a water and sewer boundary map. He said that they were not suggesting four different options, but they wanted to show the most restrictive intersection of land use and water sewer boundaries to the most liberal of intersecting water sewer boundaries in total. Chair Brown made reference to page one and the background on this issue when the Planning Board gave the Board of County Commissioners their concerns about residential development in the County. She remembers this and is glad that the Planning Board members came forward with their concerns. She said that this is a very good plan and long overdue and she understands it with great clarity. There was no public comment on this item. Commissioner Gordon agreed with Renee Price and said that the process and the map changes are hard for the public to understand. Hunter Scofield made reference to the background and said that the main issue is sustainability. He agreed with Commissioner Gordon and said that he sees this as a new subdivision overlay district. His concern is about where these lot number thresholds come from. He is also concerned about the unintended consequences of establishing certain thresholds at certain levels. Chair Brown asked that Jay Bryan's commentary letter be added to the public record. MOTION BY BOCC: A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to accept the Planning's Staff recommendation to refer the proposed amendments to the Planning Board for a recommendation to be returned no sooner than October 1, 2003. VOTE: UNANIMOUS