HomeMy WebLinkAboutORD-2003-139 Growth Management System - Amendments to Zoning and Subdivision OrdinancesDiQA-~oa3 - /:~'~
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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 #e~B- 9 (~ ~
Page 9: Added language to prevent misuse of Pedestrian Open Space Areas (POSA).
Added language to restrict the amount of POSH 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
strikethreugk-- 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.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 p~ev-ides_ a-t meets at least one of the three following goals in open space
desi n•ttses:
• The Maintenance of Wildlife Corridors and/or Habitat;
• The P'retectieu Preservation of Rural Character
• The Creation or Protection of Space for Outdoor Recreation
and, when relevant, address the following additional aces foals in open space
desi n. ,,,~„ ..~~,,.,.,.,.:
• 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
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 ~e 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 ^^„~~~* ^r*'~° ~ "^~°~„^ °~*° ~°~*~•~°~ 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~na~e~is~-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
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 any of these areas
• A single, connected area of open space that meets one or more of
the provided definitions of Primary Conservation Area may be
expanded by up to 20% of its area to provide an additional buffer.
Although the 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
s} 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 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 may be 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 "Ras~'~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
iri this category.
Ordinance as recommended by Planning Board and Administration 9
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 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 p~a~ive
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 bye used in order to connect
significant habitat and wildlife open-space sections. Wildlife corridors
are for this purpose.
All p~u~~t: iu:. ^ ° POSA's shall be connected to
~n~~~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 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 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.
Ordinance as recommended by Planning Board and Administration 10
REVISED
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 passive-low impact
recreation- areas. In some cases, this level of public entry may not be
appropriate (e.g. working 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 E-3-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, anothef 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 rocess.
• 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 E-4^Maintenance of Open Space
Natural features shall be maintained in their natural condition, but maybe modified to
improve their appearance, function~g 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
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-rt design~oals
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
ice- ; (e.g., a natural area compared to a historic site) and I~lor 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
RF.VT~F.T)
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 tie open space shall be reasonably contiguous,
coherently configured, shall abut existing or potential open space on adjacent
properties, and shall be supportive of bene~eisl-te stated open space goals. Leng;
. Open
space should not be overly fragmented. er-in-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. Roadside footpaths ~ and off
road -trails shall connect with each other ~_^*'~ ^~~ r^^a *r~~'~, 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 maybe approved by the
Board of County Commissioners.
• T ^^All landscape plantings used within open space and other common areas
(i.e.neighborhood greens), cul-de-sac islands, and''^~~~alon sg 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, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2003
as relates in any way to the adoption of the foregoing and that said proceedings are
recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of ,
2003.
Clerk to the Board of Commissioners
SEAL
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c. Growth Management Svstem -Amendments to Zoning and Subdivision
Ordinances)
The Board was to consider closing the Public Hearing and making a decision on the
proposed Growth Management Amendments to the County's Zoning and Subdivision
Ordinances, a proposal which 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 location, (which is a product of transition areas and water and sewer
availability) and number of lots.
Recommendations:
Planning Board -The Planning Board, by majority vote (8-1, See Draft Minutes, Attachment 8)
on September 3, 2003, recommended that the Board of County Commissioners (BOCC)
approve the proposed Growth Management System amendments with the following
specifications:
a. The use of the attached map (Option 1 presented at the August 25th Joint Public
Hearing) for designating Urban and Rural areas; and
b. In the Rural Designation area, a Planned Development zoning amendment requirement
for all subdivisions containing 20 or more lots (versus greater than 40 lots as proposed
by the Administration).
Administration -The Administration recommends the BOCC approve the proposed Growth
Management System amendments with the following specifications:
a. The use of the attached Growth Management System Map (Option 1 presented at
the August 25th Joint Public Hearing) for designation "Urban and Rural Designated"
areas; and
b. In the Rural Designation area, a Planned Development zoning amendment
requirement for all subdivisions containing greater than 40 lots.
The legal advertisement (Attachment 9) for the August 25, 2003 Joint Public Hearing does not
support, from a legal notification standpoint, the Planning Board's recommendation stated
above in Planning Board, Part "b".
Therefore, should the BOCC choose to consider the Growth Management System, including
the Planning Board's recommendation, it is suggested that the BOCC approve and adopt the
amendments as noted in "Administration" above and then direct Staff to proceed towards the
new lot number threshold (41 lots to 21 lots) through a new legal ad process and a November
2003 Public Hearing.
DEFERRED
d. APPOINTMENTS
(1) Human Relations Commission
The Board was to consider an appointment to the Human Relations Commission
(HRC) to Position #10, resident within Chapel Hill City Limits, for a term to expire June 30,
2004.
DEFERRED