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HomeMy WebLinkAboutORD-1999-012 Ordinance Amending Subdivision Reguulations Section II and Section IV-B10 /,:ol 5 c-52 ct g - e,) /,9 AN ORDINAINACE AMENDING THE ORANGE COUNTY SUBDIVISION REGULATIONS SECTION II AND SECTION IV-13-10 TO CLARIFY AND ENHANCE THE FLEXIBLE DEVELOPMENT PROVISIONS TO MEET OBJECTIVES SPECIFIED IN SECTION IV-B-10, SUBSECTION A PURPOSE THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS: Section II Definitions is amended by changing the definition of flexible development to read as follows. FLEXIBLE DEVELOPMENT -A subdivision in which greater flexibility and design creativity is encouraged and allowed to preserve agricultural and forestry lands, natural and cultural features, and rural community character that might otherwise be lost through conventional development approaches. At least one-third (33%) of the land within a Flexible Development subdivision must be set aside as open space which may be preserved through: (a) An "estate lot" approach where all land is subdivided into lots four (4) acres or greater in size, building lot area including setbacks are established on 50% of each lot, and the land area outside such area is preserved as open space provided that front and side yard setback areas shall not be counted toward meeting the minimum open space requirement except as specified by provisions of Article IV-13-10, Section D.1; or (b) A "conservation-cluster" approach where lot sizes are reduced and the land saved through such reductions is preserved as open space on separate lots owned and maintained through a homeowners association, a non-profit land conservancy or unit of state of local government; or (c) A "village" or modified cluster approach where dwelling units are clustered around a village green and supporting shops, and the village is surrounded by open space; or (d) Some combination of the above. Section IV-13-10, Subsection C Open Space Standards is rewritten to read as follows. Section C OPEN SPACE STANDARDS C.3 Ownership of Open Space Open space within a Flexible Development may be owned and/or administered by any of the following methods, either individually or in combination. All open space shall be permanently restricted from further subdivision. • Fee simple dedication to Orange County, another unit of local government, the State of North Carolina or a private non-profit land conservancy. • Dedication of conservation easements to Orange County, another unit of local government, the State of North Carolina or a private non-profit land conservancy. Such easements may apply to a single property owned by a homeowners association and/or to all or portions of individual lots owned by one or more property owners. • Ownership by a homeowners association where specific development restrictions and maintenance requirements are included as part of its bylaws and as irrevocable articles of restrictive covenants. • Ownership by individual property owners, of estate lots only, where specific development restrictions and maintenance requirements are included as part of restrictive covenants and/or permanent conservation easements applicable to such lots. Where conservation easements have been dedicated prior to application for approval of a Flexible Development proposal, the land subject to the easement may be counted toward, satisfying the thirty-three percent (33%) open space requirement provided it is a portion of and in the same ownership as the land to be subdivided. Section IV-B-10, Subsection D Development Standards is rewritten to read as follows. Section D DEVELOPMENT STANDARDS Flexible Development subdivision plats shall be prepared in accordance with one or more of the following development options. DA Estate Lot Option For lots created as part of an estate lot development, the following standards apply: • Each estate lot shall have a lot size of at least four (4) acres. • For each estate lot, a building envelope (buildable area) shall be defined of sufficient size to accommodate a single-family detached dwelling and customary accessory uses, including, but not limited to, storage buildings and garages, patios and decks, lawns and driveways. • The building envelope of an estate lot may not exceed fifty percent (50%) of the total lot area and shall not include designated Primary and/or Secondary Conservation Areas. • Only the area outside of the building envelope of an estate lot may be counted toward meeting the minimum open space requirement. To the highest degree possible, the open space area shall be contiguous to open space designated on the adjacent lot(s) and shall not include required front yard and side yard setbacks unless the front or side yard contains significant primary or secondary conservation areas. • A septic system and/or well site may be located outside of a building envelope provided it does not occupy more than half of the conservation area nor any part of a Primary Conservation Area. Each building envelope on an estate lot shall adhere to the following spacing standards: Building Envelope Spacing Standards for Estate Lots Minimum spacing between building envelopes on adjacent lots 100 feet Minimum spacing between building envelope and subdivision 150 feet boundary or off-site public street right-of-way Minimum spacing between building envelope and on-site public 50-feet or private street right-of-way Minimum spacing between building envelope and any other lot 30 feet line Minimum spacing between building envelope and wetlands. or 100 feet water bodies (lakes, ponds, streams, etc.) • Provided the arrangement, design, and shape of estate lots is such that lots provide satisfactory and desirable sites for building; contribute to the preservation of designated Primary and/or Secondary Conservation Areas; provide convenient access for emergency service vehicles; and satisfy all building envelope spacing standards, the minimum required lot frontage may be reduced to not less than 20 feet for flag lots, and lots fronting on cul-de-sacs and "T" turnarounds. • Estate lots shall be restricted against further subdivision through deed restrictions and/or permanent conservation easements. Primary and Secondary Conservation Areas located outside building envelopes shall be restricted against further development through conservation easements and/or deed restrictions. • Estate lot subdivision road(s) shall be designed to provide internal access to all lots in the subdivision. Private driveways shall access existing state maintained roads only via subdivision roads providing internal access to lots in the subdivision. • A 150 foot Type F buffer meeting the requirements of Article IV-13-8-e shall be provided along the frontage of all existing state maintained roads adjacent to the subdivision boundaries. In areas of dense mature forest, existing vegetation may be used to fulfill the buffer requirements. If additional planting is required, new plant materials that satisfy the buffer requirements of Article IV-B-8-e shall be installed and maintained in accordance with provisions of Article IV-13-8-f. D.2 Conservation-Cluster Option A conservation-cluster subdivision is one in which building lots are grouped together through a transfer of allowable density within the subdivided tract provided the transfer of density within the subdivision does not increase the average density in any overlay zoning district. In a conservation-cluster subdivision designed with density transfer, lots smaller than the minimum lot size permitted in the zoning district are allowed provided such lots and subdivisions are developed in accordance with the following standards: • Land saved through lot size reductions shall consist of designated Primary and/or Secondary Conservation Areas. • The total amount of land set aside as Primary and Secondary Conservation Areas shall equal the sum of all reductions in minimum lot area and shall comprise at least thirty-three percent (33%) of the total land area in the subdivision. • Both Primary and Secondary Conservation Areas shall be placed in undivided preserves which adjoin housing areas that have been designed more compactly to create larger conservation units that may be enjoyed by all residents of the subdivision and, if possible, enjoyed visually by the general public. Such undivided open space shall be accessible to the largest number of lots within the development. To achieve this, the majority of houselots should abut undivided open space to provide residents with direct views and access. Safe and convenient pedestrian access to the open space from all adjoining houselots shall be provided, except in the case of farmland or other resource areas vulnerable to human disturbance. The design must meet Section F Evaluation Criteria which sets forth conservation area design characteristics. • Where undivided open space is designated as separate non-contiguous parcels, no parcel shall consist of less than three (3) acres in area, nor have a length-to- width ratio in excess of 4:1, except such areas that are specifically designed for neighborhood commons or greens; playfields; buffers adjacent to wetlands, watercourses, and rural roads; wildlife corridors; or trail links. • Each lot must contain a buildable area of sufficient size to accommodate a single-family detached dwelling and customary accessory uses, including, but not limited to, storage buildings and garages, patios and decks, lawns, and driveways. A septic system and/or well site may be located in an open space area provided it does not occupy more than one quarter of the conservation area nor any part of a Primary Conservation Area. • Provided the arrangement, design, and shape of cluster lots is such that lots provide satisfactory and desirable sites for building, and contribute to the preservation of designated Primary and/or Secondary Conservation Areas, minimum lot area, lot width, and setback requirements as specified in Article D.2 Conservation-Cluster.Option (cont.) 4.1.2 of the Orange County Zoning Ordinance may be reduced as set forth below. 0 Minimum lot area requirements may be reduced by sixty-five percent (65%) of the minimum lot size permitted by the zoning district including any overlay district requirements; however, minimum lot area may not be smaller than 40,000 square feet within a watershed protection overlay district where lots are served by individual septic systems. 0 Minimum lot width requirements may be reduced-to 100 feet in the AR and R1 Districts. Minimum lot width requirements may be reduced by 30% in all other zoning districts. 0 Minimum front, rear, and side setback requirements may be reduced by twenty-five percent (25%) but shall be no less than ten (10) feet. 0 Minimum lot frontage requirements may be reduced to twenty (20) feet for lots fronting on cul-de-sacs and "T" turnarounds. 0 Minimum spacing between building envelopes and the subdivision boundary or off-site public street right-of-way shall be 100 feet and may be counted as open space. • Conservation-cluster subdivision road(s) shall be designed to provide internal access to all lots in the subdivision. Private driveways shall access existing state maintained roads only via subdivision roads providing internal access to lots in the subdivision. • Cluster lots shall be restricted against further subdivision through deed restrictions and/or permanent conservation easements. Primary and Secondary Conservation Areas shall be dedicated to Orange County, another unit of local government, the State of North Carolina, a private non-profit land conservancy or a homeowners association. In accordance with combining subsections D.2 and D.3, subsections DA D.5 and D.6 are renumbered as follows: D.3 Village Option DA Street Standards D.5 Water Supply and Sewage Disposal Facilities AT THE REGULAR MEETING OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS HELD ON OCTOBER 13, 1999, UPON MOTION BY Commissioner. Jacobs AND SECONDED BY Commissioner Ha l k i of i s , THE FOREGOING DOCUMENT WAS ADOPTED. AYES: UNANIMOUS NAYS: 7_ Beverly Blyth Clerk t the Board of Commissioners Date i ,.ti as