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HomeMy WebLinkAboutAgenda - 10-02-1995 - VIII-F e � 1 O R A N G E C 0 U N T Y BOARD OF -COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date October 2 , 1995 Action Agenda Item # 1=4 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: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Extension 2580 Proposed Amendments 8/28/95 Public Hearing Minutes TELEPHONE NUMBERS: 9/18/95 Draft Planning Hillsborough - 732-8181 Board Minutes Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: Consideration of 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. The amendment also specifies that the person who prepares the cost estimate shall have no direct or indirect ownership interest in the project. The proposed ordinance revisions were presented at the August 28 public hearing. No questions or comments t 2 were received. The Board of Commissioners referred the matter to the Planning Board for a recommendation to be returned no sooner than October 2, 1995 . On September 18, the Planning Board recommended approval of the amendment to the landscape regulations with a unanimous vote. RECOMMENDATION: The Administration recommends approval of the proposed text amendments to the Zoning Ordinance and Subdivision Regulations as per the Planning Board recommendation. 4 3 PROPOSED AMENDMENT DOCUMENT: Zoning Ordinance, Article 12 (Revised 8/28/95) 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 i i 4 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. The amendment would also specify that a qualified individual other than the owner must prepare the cost estimate. 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- -NNo 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 cost estimate must be prepared by a nursery operator, landscape contractor, landscape architect, or other individual qualified to calculate the cost to complete the required improve- ments based on the approved landscape plan, who has no direct or indirect ownership interest in the project for which landscaping is required. The amount of the bond, letter of credit, or escrow agreement shall be 110 percent of the estimate. Subdivision Regulations, Section IV-8-8 IV-8-8-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- ti 5 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. The financial guarantee shall be accompanied by an estimate of the cost to purchase and install the required landscaping. The cost estimate must be 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, who has no direct or indirect ownership interest in the subdivision for which landscaping is required. 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: 9/18/95 BOCC: .i. SEP-12-1995 10:40 FROM ORANGE CTY COMMISSIONERS TO EROSINiPLAN r 8129/95 Puft-1 a N EA RIA4 6 6 HIAJUMS Commissioner Gordon said it was her understanding that they don' t discuss Comprehensive Plan Amendments and Zoning Amendments at the same quarterly public hearing. Marvin Collins said that there is a policy. However, in the case of the first two EDD, they heard both the Comprehensive Plan Amendments and Zoning Amendments at the same time. In the case of I-40 on two separate cases they did the same. The reason they did that is because it is all a package and it all fits together. 2. Amendments Related to Landscaping and Buffer Requirements a. Article 12.3 Plan Review and Approval (Zoning Ordinance Text Amendment) b. Section SV-3-8 Landscape Plan Review and Approval (Subdivision Regulations Text Amendment) Planner Emily Cameron presented for citizen comments a proposed amendment to the Zoning Ordinance and Subdivision Regulations regarding the amount of a financial guarantee for required Landscaping. This amendment would make it clear that the intent of the financial guarantee submitted for required landscaping must cover the cost to purchase and install the required landscaping to include labor cost so in the event the County ever had to get the money guaranteed by a bond, letter of credit or escrow, there would be enough money there to hire someone to complete the improvements if the developer does not do so. She distributed a revision to this amendment which included the sentence that would make it clear that the person preparing the estimate needs to be a qualified individual and someone other than the owner or someone with an ownership interest in the project. THERE WERE NOT C0I-2IENTS OR QUESTIONS. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to refer this to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 2, 1995. VOTE: UNANIMOUS 3. Amndments Related to the Flood Damage Prevention Ordinance Planner Lary Willis presented for citizen comments a proposal that would replace the Flood Damage Prevention Ordinance to correspond exactly with the model ordinance that has been prepared by the Federal Emergency Management Agency (FEMA) . Every several years representatives from FEMA meet with the various counties to see how the federal standards are being administered for the flood insurance program. They met with FEMA and there are no problems with what the County is doing to meet the FEMA standards. In fact, the County regulations. are more stringent than the thresholds of FEMA in that the County does not allow development in the floodplains whereas the FEMA requirements are more geared on how to develop in the floodplain. The changes are relatively few with some new additions -added as well as 1 �/t1✓9s Daa� r�w„� - D � n � 6a�RV Mt�lu1'ES 7 maintaining nice vistas in Orange County. b. Amendments - Landscaping & Buffer Requirements ( 1) Article 12 - Landscaping and Buffer Requirements (2 ) Section IV-B-B-Landscape and Buffer Requirements Presentation of these items by Mary Willis. These items are for consideration of proposed amendments to the Zoning Ordinance and Subdivision Regulations regarding the amount of a financial guarantee for required landscaping. 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. The amendment also specifies that the person who o prepares the cost estimate shall have no direct or indirect ownership interest in the project. There were no questions or comments from the public. The Board of Commissioners referred the matter to the Planning Board for a recommendation to be returned no sooner than October 2, 1995. 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. Allison asked if the owner was the developer, would he have to get an estimate elsewhere and Willis responded yes, there must be an unbiased estimate. Whenever any financial guarantee is required, it must be specified what is to be 1 91mles HI_AgAi't 6oArV V 8 r done. This is just to assure than any required landscaping is comple ed. Reid asked for clarification where this requirement would apply. Willis responded that this would apply any time that the County would be obtaining a letter of credit guaranteeing installation of improvements. The financial guarantee must cover cost of materials and cost of installation. Brown stated that she felt it is vague in the ordinance as to who may do this. Willis responded that there is a Landscape Architect on staff who reviews the landscape plans and provides assistance as needed. Katz asked about the situations where this would be required. Willis esponded that a landscape plan is required for all subdivisions. However, all do not require additional planting. If additional planting is not required, then this amendment would not apply. Waddell noted that this amendment was brought about due to an instance(s) where landscaping was promised and not provided. The money secured with the letter of credit was not sufficient to purchase and plant the remaining trees. Price asked if a landscape plan has to be provided when a tract is subdivided that already has a residence. Willis responded that any subdivision must have a plan even if it only shows existing vegetation. It would be determined by the Landscape Architect if additional planting was needed. There are instances where a waiver is approved. Howie stated that this proposal is typical everywhere in relation to landscaping requirements and development. It is not unusual for builders and developers not to complete landscaping on projects. MOTION: Barrows moved approval as recommended by the Planning Staff. . Secon ed by Jobsis. VOTE: Unanimous.