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Home My WebLink AboutAgenda - 08-28-1995 - C 2 (a & b) :37 O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date August 28, 1995 Action Agenda Item # C 2(aft) SUBJECT: PROPOSED ZONING ORDINANCE AND SUBDIVISION REGULATIONS TEXT AMENDMENTS Article 12 Landscaping and Buffer Requirements Section IV-B-8 Landscape and Buffer Requirements DEPARTMENT: PLANNING & INSPECTIONS PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Extension 2580 Proposed Amendments TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To receive citizen comment on proposed amendments to the Zoning Ordinance and Subdivision Regulations regarding the amount of a financial guarantee for required landscaping. BACKGROUND: In most developments where landscaping is required in addition to preserving existing trees, the owner/ applicant usually proposes to install the landscaping without hiring a contractor to do the work. The difference in cost between an owner-installed job and the services of a contractor is 250 to 300 percent. In the event the County had to obtain funds guaranteed by a bond, letter of credit, or escrow agreement, the landscape improvements could only be completed if the amount guaranteed included labor costs as well as the cost of plant materials. The proposed amendment to the landscape regulations makes explicit the intent of the financial guarantee to cover the cost to purchase and install required landscaping, that is, to include labor costs. RECOMMENDATION: Article 20 of the Zoning Ordinance specifies that the public hearing is the time scheduled for presentation of the Zoning Officer's recommendation regarding proposed amendments to the ordinance. 38 Section VII-D of the Subdivision Regulations establishes amendment procedures for that ordinance. Zoning Officer Recommendation Provided that the Planning Board and the Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendments to the Zoning Ordinance and Subdivision Regulations. Administration Recommendation The Administration recommends that the proposed amendments be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 2, 1995. 3A PROPOSED AMENDMENT DOCUMENT: Zoning Ordinance, Article 12 Subdivision Regulations, Section IV-B-8 REFERENCES: LANDSCAPE AND BUFFER REQUIREMENTS Article 12 .3 Plan Review and Approval Section IV-B-8-b Landscape Plan Review and Approval ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: PUBLIC BEARING DATE: August 28, 1995 Purpose of Amendment: To add language to the landscape and buffer requirements in the Zoning Ordinance and Subdivision Regulations to specify that the amount of a financial guarantee for required landscaping shall include the cost to purchase plant materials as well as labor costs for installation. Impacts/ Issues: Applicants for subdivision and site plan approval often choose to delay planting required landscaping until the appropriate season when conditions are suitable. To record a subdivision plat or obtain a building permit, the planting must be guaranteed for twelve months with an approved letter of credit, escrow agreement, or performance bond. The amount of the guarantee is based on an estimate prepared by a nursery operator, landscape contractor, landscape architect, or other individual qualified to calculate the cost to complete the required improvements based on the approved landscape plan. In most cases, the applicant proposes to install the landscaping without hiring a contractor to do the work. The difference in cost between an owner-installed job and the services of a contractor is approximately 2.5 to 3 times the wholesale plant price. For example, a 5-6- foot red maple tree may have a wholesale price of $20. A contractor may charge $50 to $60 to pick up the tree at the nursery, deliver it to the site, plant it, water it, provide mulch, pruning, and other maintenance as necessary. Usually, the contractor's price includes a guarantee to replace the tree during a specific time period, generally one year or until the tree is established. In the event the County had to obtain funds guaranteed f f by a bond, letter of credit, or escrow agreement, the landscape improvements could only be completed if the funds included labor costs as well as the cost of the plant materials . The proposed amendment to the landscape regulations makes explicit the intent of the financial guarantee to cover the cost to purchase and install required land- scaping, that is, to include labor costs. Existing and Proposed Text: [proposed text underlined] Zoning Ordinance, Article 12 12.3 Plan Review and Approval No building permit shall be issued until the required landscaping plan has been submitted and approved.,. and -allo certificate of occupancy shall be issued until the landscaping is completed as certified by an on-site inspection by the Zoning Officer, unless a performance bond, letter of credit, or escrow agreement as a guarantee of improvements has been posted. The financial guarantee shall be accompanied by an estimate of the cost to purchase and install the required landscaping. The amount of the bond, letter of credit, or escrow agreement shall be 110 percent of the estimate. Subdivision Regulations, Section IV-B-8 IV-B-8-b LANDSCAPE PLAN REVIEW AND APPROVAL No subdivision shall be approved and no building permit shall be issued until the required landscape plan has been submitted and approved. No certifi- cate of occupancy shall be issued until the land- scaping according to the approved plan has been installed inspected and approved by the Orange County Planning and Inspections Department, unless a performance bond or other acceptable guarantee of improvements such as an escrow agreement or letter of credit has been posted. l l 41 The financial guarantee shall be accompanied by an estimate of the cost to purchase and install the required landscaping. The amount of the bond, letter of credit, or escrow agreement shall be 110 percent of the estimate. ORDINANCE REVIEW COMMITTEE: 7/5/95 PLANNING BOARD: BOCC: