Loading...
HomeMy WebLinkAboutORD-2003-133 Amendments to Open Space Standards for Flexible Development Subdivisions!o ~- ~ ~- ~©03 ~~ Revision to Ordinance Text Page 4: Reworded for clarity (changes in red) Page 5: Added lead in sentence to explain purpose and also corrected typo. Page 8 & 9: Replaced the word `Passive' with `Low-Impact' _ _ __ __ October 1, 2003 Open Space Standards Item #96 Page 9: Added language to prevent misuse of Pedestrian Open Space Areas (POSA). Added language to restrict the amount of POSA that can be counted toward the 33% open space requirement. Page 10 & 11: clarified language (in red) Pagel l: At Section 2 Reworded first sentence under Evaluation Criteria to remove `functionality' and to refer back to other sections within ordinance. Page 12: Under General Criteria clarified language. Ordinance as recommended by Planning Board and Administration 4 REVISED Bold-proposed new ordinance language stRketgreugq- proposed deleted ordinance language 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: Section 1 Amend Section IV-B-10. FLEXIBLE DEVELOPMENT (Pages 61-65) to read as follows: Section C OPEN SPACE STANDARDS C. l 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 Planning For Open Space Open space design in subdivision projects shall be planned as part of a comprehensive project design. The long-term success of open space is improved when a layout is chosen with a perspective of future usefulness, efficiency, and compatibility with both existing development and other types of open spaces. Open space is an important amenity for subdivision. residents and an essential part of the County's character and environmental quality. Open space planning must indicate a thoughtful understanding of that importance, and shall be evaluated based on its merits. A Flexible Development subdivision plan shall always provide open space which prominently p-rev~des_-at meets at least one of the three following goals in open space design uses: • The Maintenance of Wildlife Corridors and/or Habitat; • The ~rr.~on Preservation of Rural Character • The Creation or Protection of Space for Outdoor Recreation and, when relevant, address the following additional uses goals in open space • The Protection of Other Natural Resources • The Improvement or Maintenance of Visual Ame~ties f The Creation or Protection of Managed Resource Production • The Improvement or Maintenance of Public Health and Safety Ordinance as recommended by Planning Board and Administration REVISED The Creation or Protection of Public Purpose and/or Utility Infrastructure. The primary means by which foals in open space design are addressed are composition, accessibility, size and shape. The primary way to achieve these open space design goals is by the application of standards to threse fundamental land characteristics defined below. • Composition -The natural and constructed n}an-nmde features of land indicate what types of open-space goals it can support. For each of the listed open space goals, certain characteristics are required or preferred. Compositional requirements and preferences are stated throughout this section. • Accessibility -All Flexible Development plans shall, unless the open space is to preserve conservation values that require minimal disturbance, provide open space access to the public at large and/or subdivision residents, in accordance with Section C.4. • Size and Shape -The usefulness of open space can be lessened when it is fragmented or shaped in long narrow segments. The most functional open space is large enough to maximize the benefits to ecological, environmental, cultural, recreational and/or visual uses. Size and shape requirements are listed in Section F.1. An open space plan may use other land characteristics as well, if a direct link to the goals of Section C.2 is shown. C.3C~Types 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 ' + ~+'~ ~^"^~"'"^ °=:e ~ ~~'»"e~ These areas have sensitive environmental features and/or significant cultural resource areas, which may make them legally or practically unbuildable. These areas are the first open spaces to be chosen,€e~towards meeting the minimum 33% requirement. Secondary Conservation Areas may not be counted towards the 33% requirement unless all potential Primary Conservation Areas, other than expansion areas as defined below, have been set aside. Ordinance as recommended by Planning Board and Administration 6 REVISED • 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 environmental 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 a 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 Ordinance as recommended by Planning Board and Administration 7 REVISED 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 maybe 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 anv of these areas • A single, connected area of open space that meets one or more of the provided definitions of Primary Conservation Area maybe expanded by up to 20% of its area to provide an additional buffer. Although the expanded area might not meet any other definitions of Primary Conservation Area, it may be considered as such, except that: 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 selected as open space, and E} Expansion areas must be in the same natural state as the Primary Conservation Area that is being expanded. c. Secondary Conservation Areas w~r~_.~= _ ~'+«~ o==^"""'~ "=`-° f-'~'= "°" If there is not enough Primary Conservation Area acreage on site to meet the mandatory 33% open space requirement and there is no off-site Primary Conservation areas proposed, then Secondary Conservation Areas shall be used to complete the 33% requirement. Secondary Conservation Areas have fewer restrictions, with regard to location, and allow more flexibility to improve overall open space design and purpose. These areas, unless specified otherwise, receive full credit toward meeting the minimum open space requirement of Flexible Developments. Access -Open space maybe chosen as a Secondary Conservation Area because of its benefit in providing open space access to residential lots in accordance with regulations listed in Section C.4. These areas shall also include desired compositional, 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 forestland for the planting and production of trees and timber, where management practices such as selective timber harvesting and wildlife enhancement are employed. Such woodlands may consist of hardwood, pine, and/or mixed pine-hardwood forests identified as part of Ordinance as recommended by Planning Board and Administration 8 REVISED 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 1 S% to 25% that require special site planning due to their erosion potential, limitations for septic tank nitrification fields, and terrain or elevation changes. Such areas maybe suitable for building, but higher site preparation and construction costs are to be expected. • Other Historic and/or 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 maybe credited toward meeting the minimum open space requirement. 0 "ga~s~i-v~Low-impact 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 that screen the view of development and preserve the character of rural public roads are also included in this category. Ordinance as recommended by Planning Board and Administration 9 I REVISED Pedestrian Open Space Areas (POSA) -- traversable corridors at least 50 feet wide, undeveloped except for pedestrian recreation amenities, and in common ownership. POSA's are not required to have constructed walking paths, but they must be reasonably passable on foot. The fmal composition of a POSA's shall be evaluated of the intent of the overall access plan in the subdivision. If the POSA's connect active or p-assive low impact recreation areas, or if the POSA's are identified as a recreation amenity, then a constructed path can be required as a part of the approval process. Landscaping to ensure compatibility with the natural and scenic goals of open space shall also be evaluated. POSA's may not be used in order to connect significant habitat and wildlife open-space sections. Wildlife corridors are for this purpose. All POSA's shall be connected to nnether-other types of open space. In a Flexible Development subdivision, all existing access ways shall, if practicable, be connected into a single system. Flexible Subdivisions shall also have at least one PO5A and, when practicable, connect to at least one outside edge of the subdivided property, in .order to preserve the ability to connect the POSA with future, adjacent projects. POSA's may be used to satisfy up to 5% of the 33% open space requirement for flexible development (for example, in a subdivision containing 100 acres of total land area, up to 1.65 acres of the total POSA in the subdivision would count towards meeting the 33% (33-acre) open space requirement). • Roadside Buffers, areas buffering public roads, when they are at least 75 feet in width, measured in one direction from the nearest edge of the right-of--way. Roadside buffers must be composed of undisturbed natural vegetation or where enhanced vegetation is installed as a condition of the approval. • Greenbelt Linkages, areas that can be used as part of a connected greenbelt path, within an approved County Greenbelt program. Size and Shape -Secondary Conservation Areas, to the extent possible, shall be part of substantially sized and/or contiguously linked open space sections and meet guidelines as stated in Section F.1. t - -- o or+ ;,, r7 .;t.lo Tle.,o1,.„....,o„~.. Y K ' Ordinance as recommended by Planning Board and Administration 10 l REVISED I C.4 Access to Open Space • General public accessibility to and within open space shall be evaluated on a case-by-case analysis of the goals and the intended use(s) of the open space in that particular development. Primary Conservation Areas, due to their considerable recreation, scenic and cultural public values, shall be made available for the use of the public at large through access by public road. However, it will not be feasible for public use to be provided in alI cases (e.g. fragile cultural sites, protected and/or private habitat areas, hazardous slopes and wetlands, etc.). Secondary Conservation Areas shall be available to, at least, subdivision residents, particularly when it includes active and passive-low impact recreation areas. In some cases, this level of public entry may not be appropriate (e.g. worlung timber or agricultural resource areas). • If less than half of designated open space is Primary Conservation Area, the subdivision plan shall provide direct access to Primary or Secondary Conservation Area to at least 75% of project lots. The remaining lots shall be within approximately 300 feet of an accessible point of Primary or Secondary Conservation Area. If the majority of open space is Primary Conservation Area, the subdivision plan shall provide direct access to Primary or Secondary Conservation Area to at least 50% of project lots. The remaining lots shall be within approximately 600 feet of an accessible point of Primary or Secondary Conservation Area. C-5 Ownership of open space. Open space within a flexible development maybe 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. The county may reject any proposed dedication at its discretion prior to or during the appliCatfon rp ocess. • Dedication of conservation easements to the county, another unit of local government, 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. The county may reject any Ordinance as recommended by Planning Board and Administration 11 REVISED proposed dedication at its discretion prior to or during the application rp ocess. • 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 and accepted prior to application for approval of a flexible development proposal, the land subject to the easement maybe 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 C--4-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 landscapingi • Stream bank protection; and/or • Wetlands management 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 2 Section F EVALUATION CRITERIA All open space planning shall show consideration of the specific physical characteristics of the land parcel being developed, meet open space -~i~ design goals and adhere to the three fundamental land characteristics of open space as set forth in Section C.2. At l~ any given site, the types of resources may vary widely in character ~pertanEe ; (e.g., a natural area compared to a historic site) and T ''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. Ordinance as recommended by Planning Board and Administration 12 I REVISED 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 maybe 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 ~e open space shall be reasonably contiguous, coherently configured, shall abut existing or potential open space on adjacent properties, and shall be supportive of l~e~aefieiai-te stated open space goals. leg, . Open space should not be overly fragmented. _er-i~-1 Long narrow segments are discouraged except in the case of POSA's, stream or wildlife corridors, greenbelt paths, view preservation areas (~ aka vistas or visual amenity preservation areas - an area left open to allow for the public viewing of one or more natural or constructed features of high visual quality), or landscape buffers adjoining street rights-of--way and/or neighborhood boundaries): 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. • 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. A~-rRoadside footpaths ~ and off road -trails shall connect with each other '+'' ~~ ~'^^`' *"^"~, 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 County Commissioners. • ~~a~All landscape Qlantin~s used within open space and other common areas (i.e.neighborhood greens), cul-de-sac islands, and''^e~alon s~ ides -of new streets shall be only native specie shade trees and flowering shrubs with high wildlife conservation value. Section 3 This ordinance is effective upon adoption. Ordinance as recommended by Planning Board and Administration 13 REVISED NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that this Ordinance entitled "An Ordinance Amending the Subdivision Regulations of Orange County" is 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, Norkh 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. Clerk to the Board of Commissioners SEAL BOCC Approved Ordinance ~'a ~ ` ~ dv ~~ 1 `~~ ~.~P p; 1 October 2003 ~~ `~ ~ ~ 9 ~ v ~ -~ q8 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: Section 1 Amend Section IV-B-10. FLEXIBLE DEVELOPMENT to read as follows: 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 Planning For Open Space Open space design in subdivision projects shall be planned as part of a comprehensive project design. The long-term success of open space is improved when a layout is chosen with a perspective of future usefulness, efficiency, and compatibility with both existing development and other types of open spaces. Open space is an important amenity for subdivision residents and an essential part of the County's character and environmental quality. Open space planning must indicate a thoughtful understanding of that importance, and shall be evaluated based on its merits. A Flexible Development subdivision plan shall always provide open space which prominently meets at least one of the three following goals in open space design: • The Maintenance of Wildlife Corridors and/or Habitat; • The Preservation of Rural Character • The Creation or Protection of Space for Outdoor Recreation and, when relevant, address the following additional goals in open space design: • The Protection of Other Natural Resources • The Improvement or Maintenance of Visual Amenities • The Creation or Protection of Managed Resource Production • The Improvement or Maintenance of Public Health and Safety • The Creation or Protection of Public Purpose andlor Utility Infrastructure. The primary means by which goals in open space design are addressed are composition, accessibility, size and shape.. The primary way to achieve these open space design goals is by the application of standards to these fundamental land characteristics defined below. BOCC Approved Ordinance 1 October 2003 • Composition -The natural and constructed features of land indicate what types of open-space goals it can support.. For each of the listed open space goals, certain characteristics are required or preferred. Compositional requirements and preferences are stated throughout this section. • Accessibility -All Flexible Development plans shall, unless the open space is to preserve conservation values that require minimal disturbance, provide open space access to the public at large and/or subdivision residents, in accordance with Section C.4. • Size and Shape -The usefulness of open space can be lessened when it is fragmented or shaped in long narrow segments. The most functional open space is large enough to maximize the benefits to ecological, environmental, cultural, recreational and/or visual uses. Size and shape requirements are listed in Section F.l . An open space plan may use other land characteristics aswell, if a direct link to the goals of Section C.2 is shown. C.3 Types 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---These areas have sensitive environmental features and/or significant cultural resource. areas, which may make them legally or practically unbuildable. These areas are the first open spaces to be chosen towards meeting the minimum 33% requirement. Secondary Conservation Areas may not be counted towards the 33% requirement unless all potential Primary Conservation Areas, other than 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; BOCC Approved Ordinance 1 October 2003 6 0 A required environmental assessment or environmental impact statement; and/or 0 A site analysis conducted by a registered engineer, land surveyor, landscape architect, azchitect 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, azchitect or land planner and calculated using topographic maps from an actual survey or from the U.S. Geological Survey. • Natural Areas, and Wildlife Habitats as identified as part o£ 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 maybe 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, connected area of open space that meets one or more of the provided definitions of Primary Conservation Area maybe expanded BOCC Approved Ordinance 7 1 October 2003 by up to 20% of its area to provide an additional buffer. Although the expanded area might not meet any other definitions of Primary Conservation Area, it maybe considered as such, except that: 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 selected as open space, and c) Expansion areas must be in the same natural state as the Primary Conservation Area that is being expanded. c. Secondary Conservation Areas- If there is not enough Primary Conservation Area acreage on site to meet the mandatory 33% open space requirement and if there are no off-site Primary Conservation areas proposed, then Secondary Conservation Areas shall be used to complete the 33% requirement. Secondary Conservation Areas have fewer restrictions, with regard to location, and allow more flexibility to improve overall open space design and purpose. These areas, unless specified otherwise, receive full credit toward meeting the minimum open space requirement of Flexible Developments. Access -Open space maybe chosen as a Secondary Conservation Area because of its benefit in providing open space access to residential lots in accordance with regulations listed in Section C.4. These areas shall also include desired compositional, 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 forestland for the planting and production of trees and timber, where management practices such as selective timber harvesting and 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 the raising of livestock. Farmland also includes space on individual lots used for gardens, ponds, horse paddocks and barns, and similar. uses. BOCC Approved Ordinance 1 October 2003 8 • Slopes of 1 S% to 25 o that require special site planning due to their erosion potential, limitations for septic tank nitrification fields, and terrain or elevation changes. Such areas maybe suitable for building, but higher site preparation and construction costs are to be expected. • Other Historic and/or 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 aze cleazed, graded and managed for intensive activities, only half (50 percent) of the land in this category maybe credited toward meeting the minimum open space requirement. 0 "Low-impact 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 that screen the view of development and preserve the character of rural public roads are also included in this category. Pedestrian Open Space Area (POSA) -a traversable corridor at least 50 feet wide, undeveloped except for pedestrian recreation amenities, and in common ownership. POSA's are not required to have constructed walking paths, but they must be reasonably passable on foot. The final composition of a POSA's shall be evaluated of the intent of the overall access plan in the subdivision. If the POSA's connect active or low impact recreation areas, or if the POSA's are identified as a recreation amenity, then a constructed path can be required as a part of the approval process. Landscaping to ensure compatibility with the natural and scenic goals of open space shall also be evaluated. POSA's may not be used in order to connect significant habitat and wildlife open-space sections. Wildlife corridors are for this purpose. All POSA's shall be connected to other types of open space. In a Flexible Development subdivision, all existing access ways shall, if practicable, be connected into a single system. Flexible Subdivisions shall also have at least BOCC Approved Ordinance 9 1 October 2003 one POSA and, when practicable, connect to at least one outside edge of the subdivided property, in order to preserve the ability to connect the POSA with future, adjacent projects. POSA's maybe used to satisfy up to 5% of the 33% open space requirement for flexible development (for example, in a subdivision containing 100 acres of total. land area, up to 1.65 acres of the total POSA in the subdivision would count towards meeting the 33% (33- acre) open space requirement). • Roadside Buffers, areas buffering public roads, when they are at least 75 feet in width, measured in one direction from the nearest edge of the right-of--way. Roadside buffers must be composed of undisturbed natural vegetation or where enhanced vegetation is installed as a condition of the approval. Greenbelt Linkages, areas that can be used as part of a connected greenbelt path, within an approved County Greenbelt program. Size and Shape -Secondary Conservation Areas, to the extent possible, shall be part of substantially sized and/or contiguously linked open space sections and meet guidelines as stated in Section F.1. C.4 Access to Open Space • General public accessibility to and within open space shall be evaluated on a . case-by-case analysis of the goals and the intended use(s) of the open space in that particular development. Primary Conservation Areas, due to their considerable recreation, scenic and cultural public values, shall be made available for the use of the public at large through access by public road. However, it will not be feasible for public use to be provided in all cases (e.g. fragile cultural sites, protected and/or private habitat areas, hazardous slopes and wetlands, etc.). Secondary Conservation Areas shall be available to, at least, subdivision residents, particularly when it includes active and low impact recreation areas. In some cases, this level of public entry may not be appropriate (e.g. working timber or agricultural resource areas). • Tf less than half of designated open space is Primary Conservation Area, the subdivision plan shall provide direct access to Primary or Secondary Conservation Area to at least 75% of proj ect lots. The remaining lots shall be within approximately 300 feet of an accessible, point of Primary or Secondary Conservation Area. If the majority of open space is Primary Conservation Area, the subdivision plan shall provide direct access to. Primary or Secondary Conservation Area to BOCC Approved Ordinance 1 October 2003 10 at least 50% of prof ect lots. The remaining lots shall be within approximately 600 feet of an accessible point of Primary or Secondary Conservation Area. C-5 Ownership of Open Space Open space within a flexible development maybe 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. The county may reject any proposed dedication at its discretion prior to or during the application process. • Dedication of conservation easements to the county, another unit of local government, 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. The county may reject any proposed dedication at its discretion prior to or during the application process. • 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 and accepted prior to application for approval of a flexible development proposal, the land subject to the easement maybe 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 Maintenance of Open Space Natural features shall be maintained in their natural condition, but maybe modified to improve their appearance, function 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 BOCC Approved Ordinance 11 1 October 2003 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 2 Section F EVALUATION CRITERIA A11 open space planning shall show consideration of the specific physical characteristics of the land parcel being developed, meet open space design goals and adhere to the three fundamental land characteristics of open space as set forth in Section C.2. At any given site, the types of resources may vary widely in character (e.g., a natural area compared to a historic site} and 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. F1 General Criteria The following criteria apply to all Flexible Development projects: The shape and placement of open space shall be reasonably contiguous, coherently configured, shall abut existing or potential open space on adjacent properties, and shall be supportive of stated open space goals. Open-space should not be overly fragmented. Long narrow segments are discouraged except in the case of POSA's, stream or wildlife corridors, greenbelt paths, view preservation areas (aka vista or visual amenity preservation area - an area left open to allow for the public viewing of one or more natural or constructed features of high visual quality), or landscape buffers adjoining street rights-of--way and/or neighborhood boundaries. 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 inland parcels adjacent to the Flexible Development area. 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. Roadside footpaths and off road trails shall connect with each other and link with existing or potential open space on adjoining parcels. BOCC Approved Ordinance 1 October 2003 12 • Protect and preserve all wetlands, floodplains and steep slopes from clearing, grading, filling or construction except as may be approved by the Board of County Commissioners. • All landscape plantings used within open space and other common areas (i.e.neighborhood greens), cul-de-sac islands, and along sides of new streets shall be only native specie shade trees and flowering shrubs with high wildlife conservation value. Section 3 This ordinance is effective upon adoption. NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that this Ordinance entitled "An Ordinance Amending the Subdivision Regulations of Orange County" is adopted. Upon mof on of Commissioner J 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 fore oing 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 ~ d day of , 2003. ~~~~ ~~~ 1 ~ 1s---~ Clerk to the Board of Commissioners v 4K A -aoo3 - ~.~~~ io - ~/ - ~. ~ .3 b. Amendments to Open Space Standards for Flexible Development Subdivi ~ ns The Board closed the public hearing and considered proposed amendments to the Open Space Standards in subdivisions following the Flexible Development option. Craig Benedict said that this amendment would further help in the review process to ensure that open space is distributed throughout sites to the highest degree possible. He made reference to some changes that were made by Commissioner Jacobs and Commissioner Gordon. He said that they did anticipate questions about pedestrian open space areas and whether they are paved pathways or mulch. These areas are not required to be paved. Geof Gledhill said that the amount of the pedestrian open space areas can be greater than 5%, but they only count for 5% of the 33% total open space. Commissioner Gordon asked if making this more restrictive is a problem. She said that when this went to public hearing, the public was not told that there would be this limitation concerning the amount of pedestrian open space that could be counted as total open space. She believes that provision should go back to the public hearing. Commissioner Gordon made reference to page 10 and said that her point is that right now we are requiring either 300 feet or 600 feet between access points to open space. This means that a lot of land must be devoted to pedestrian paths which access open space. She is saying that this is too much to require. She said that, in comparison, a common standard for walking to bus stops was one quarter of a mile, or approximately 1300 feet. She said that where the proposed ordinance says 300 feet between access points, it should be moved up to 600 feet and where it says 600 feet, it should be moved up to 1200 feet. She explained some other changes, which were outlined on her handout. She would like to make it more flexible for the developer to design and not have so many access points. A motion was made by Commissioner Gordon to approve the staff recommendations, with the changes on her handout. There was no second. The motion failed. Commissioner Jacobs said that on page 10, the Board changed it to make it more flexible. It says approximately 300 feet and approximately 600 feet. He would rather leave it alone. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the ordinance as recommended by the staff, with the revisions (blue sheet). VOTE: Ayes, 4; No, 1(Commissioner Gordon -she thinks it is too restrictive with respect to the points she raised) c. Buckhorn EDD -Proposed Amendments to Permitted Use Table The Board considered correction of a text error in the EDD Design Manual and to Consider adoption of proposed amendments to the Permitted Use Table for the I-85/Buckhorn Road Economic Development District (Buckhorn EDD). Craig Benedict said that the correction of the text error was mentioning that class A goes to the Board of Adjustment. Class B actually goes to the Board of Adjustment. The more substantive correction to the EDD was adding additional uses to the I-85/Buckhorn Road EDD. These were discussed at a public hearing, and it included the addition of schools into the district as a class A special use permit. Also, allowing golf driving and practice ranges as a permitted use. Other uses were deleted such as water freight terminals, storage of petroleum products, and body shops. Also, the Planning Board did not unanimously approve this as it was stated. The Planning Board approved the special use standards for schools within the Buckhorn EDD. They approved this on a 6-3 vote. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the proposed amendments consistent with the Planning Board recommendation. Chair Brown asked about the motor vehicle maintenance body shops and why they are going to be eliminated. Craig Benedict said that the existing use category for this is a class A special use permit. Chair Brown asked if our design standards for the EDD are strong enough or sophisticated enough to allow these types of businesses to have a good design. Craig Benedict said that our standards are elaborate and good. He thinks that any project like this would be scrutinized enough.