HomeMy WebLinkAboutAgenda - 05-23-1994 - C-4 (a-c) 033
ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 23, 1994
Agenda Abstract
Item #_L4 L
L-c)
SUBJECT: AMENDMENTS RELATED TO OPEN SPACE DEVELOPMENT AREA PROPOSALS
DEPARTMENT: Planning PUBLIC HEARING: _X Yes No
ATTACHMENTS: INFORMATION CONTACT:
Proposed Amendments Planning Director X2592
NOTE: REFER TO 5-5.94 PUBLIC HEARING AGENDA PHONE NUMBERS:
MATERIALS FOR INFORMATION CONCERNING Hillsborough 732-8181
LAND USE PLAN AMENDMENT PROPOSALS. Mebane 227-2031
Durham 688-7331
Chapel Hill 967-9251
PURPOSE: To receive citizen comment on proposed amendments to the Land Use Element of the
Comprehensive Plan, Zoning Ordinance, and Subdivision Regulations through which to
implement the intent of a new land use plan category entitled "Open Space Development
Area"
BACKGROUND: On December 16, 1993,the governing boards of Orange County and Hillsborough met in joint
session to discuss matters of mutual interest concerning the Hillsborough CPZ Agreement.The
governing boards agreed to establish a Work Group comprised of two members of each
governing board to seek solutions to the University Station development issue;i.e.,annexation
by the Town or approval by the County.
On January 4,1994,the Work Group held its first meeting and considered a resolution drafted
by Town Attorney Michael Brough.The resolution proposed the establishment of a Small Area
Planning Group with a specific charge for dealing with University Station.
On January 18, 1994, the Board of Commissioners adopted a resolution containing a charge
to the University Station Planning Group. A similar resolution was adopted by the Town of
Hillsborough at about the same time. The basic differences between the two resolutions is
summarized below.
Orove CoM& Preserved open space means, in principle, at least 30% of the
buildable land in the development tract. Though not specifically
stated,buildable land includes all land except wetlands,floodplains,
and steep slopes.
To make water and sewer line extensions viable, the tract may, in
principle, be developed at an overall density of up to two dwelling
units per buildable acre.
Hilltbnnorrgh Preserved open space means at least 30% of the development tract;
e.g., 852 acres.
To make water and sewer line extensions viable, such developments
may be developed at an overall density equivalent to not more than
two dwelling units per acre on the 70% of the tract that is not
required to remain as open space.
040
The University Station Planning Group met initially on January 27 and completed its work
on March 9. On April 4, 1994, the recommendations of the Planning Group were presented
to the Board of Commissioners.oners. A summary of the Planning Group's recommendations with
respect to public utilities, density, and open space is provided below. A copy of the full
recommendation is provided as an attachment.
Public Utilities:The sewer line capacity and utility would be limited to the University Station
development and that such limitation would be enforceable.
D. '#Y.. The density of University Station would be limited to 946 individual units, subject
to the following.
' Impacts of this density would be addressed by the County as a part of the Public
Hearing process.
' This level of density could be a4justed subject to monetary advantages of land
conservancy to the developers.
Open SDacx/Golf Intensive discussion focused on the use of the 160 acres between Old
N.C. 10 and the railroad track. Original consensus gravitated toward the following:
' The area to the west of the floodplain will be left in natural condition -but in a well-
maintained and attractive state-and donated to a conservancy(except for a new street
right-of-way).
' The area to the east of the floodplain is to be developed with housing units.
' The golf course is to be contained north of the railroad tracks.
A retrenchment in consensus on the above elements requires that a yet-to-be defined option be
established for this area which incorporates an appropriate mix of open space,elements of the
golf course, wildlife corridor, and/or necessary number of housing units. ("Necessary' is
defined as the number required on this acreage that would address the total number of
individual housing units with none of the units represented in multi-story buildings..)
As part of its recommendations, the Planning Group suggested that a public hearing be held
on a proposed amendment to the County's Comprehensive Land Use Plan text and map that
would create an open space classification and apply that classification to the University Station
Property. If the amendments were approved, the developers could then apply for the
corresponding rezoning and planned development approval.
Proposed amendments to the teat of the Land Use Element of the Comprehensive Plan were
presented at public hearing on May 5, 1994. The amendments sought to create a new "Open
Space Development Area"land use plan category and were based on the following.
1. The provisions of the Hillsborough Cooperative Planning Agreement;
2. The work of the University Station Planning Group; and
3. On similar amendments presented at public hearing in 1992.
On the same date,consideration was given to applying the new classification to the University
Station property.If the amendments are approved, the developers of the project could apply
for rezoning and planned development approval. However, staff has identified the lack of
specific standards in the Zoning Ordinance through which to implement the intent of the Open
Space Development Area land use category. The proposed amendments seek to correct this
problem and are summarized below.
1. Intent/Application Criteria: This proposal involves an amendment to Article 4.2
- District Statements of Intent and Application Criteria - of the Zoning Ordinance.
Under the proposed Article 4.2.6, a new zoning district, OSD - Open Space
Development Area, would be created, including a statement of intent and criteria
applicable to the proposed new district.
Related to this proposal is an amendment to Section 4.1 of the Land Use Element
which would provide for a new zoning district, OSD, to match the proposed "Open
Space Development Area" land use plan category.
2. Permitted Uses: This proposal involves an amendment to Article 4.3 - Table of
Permitted Uses -of the Zoning Ordinance to provide a list of permitted uses in the
OSD - Open Space Development District.
3. Dimensional Requirements:This proposal involves an amendment to Article 5.1.2
-Establishment of Dimensional Requirements(Schedule for Residential Development)
-of the Zoning Ordinance to provide a notation that open space development projects
are subject to the design standards contained in Article 6.30 of the Zoning Ordinance.
4. Development Standards:This proposal involves an amendment to Article 6 of the
Zoning Ordinance and would add a new Article 6.30 - Development Standards for
Open Space Development (OSD)Districts to establish a set of development standards
which all projects in an Open Space Development District must comply.
5. Planned Developments: This proposal involves an amendment to Article 7.2.1 of
the Zoning Ordinance to include the PD-H-OSD Planned Development-Housing-Open
Space Development District as a permitted Planned Development District.
6. Definitions:This proposal involves an amendment to Article 22-Definitions-of the
Zoning Ordinance and would add a definition of"Open Space Development Area'.
7. Subdivision Approval: This proposal involves an amendment to Section IV -
Required Minimum Design Standards - of the Subdivision Regulations. The proposal
would add a new Section IV-B-12, requiring subdivisions proposed within an Open
Space Development zoning district to adhere to the development standards proposed
under #4 above.
Copies of the complete proposals are provided as attachments.
RECOMMENDATION: Applications for amendments to the Comprehensive Plan and/or Zoning Ordinance by
an individual or agency are treated in the same manner;e.g., the public hearing is the
time for the presentation of the Zoning Officer's analysis and recommendation. Such
are also bound by the time limits contained in Article 20.7 of the Zoning Ordinance in
terms of preparation of a Planning Board recommendation.
Amendments initiated by the County,including amendments to the Zoning Ordinance
text, are not bound by the same procedure. Although the Zoning Officer normally
presents a recommendation in such cases,the only time limitations are those specified
by the Board of Commissioners during the public hearing process.
Zoninst Officer Recommendation
As embodied in the proposed amendments, various options for open space
development are being presented for citizen comment. Thus, no recommendation is
being presented by the Zoning Officer.
Administration Recommendation
V��
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 August 8, 1994. The Administration further recommends that all
recommended revisions to the proposals be reviewed by the County Attorney to insure
compliance with statutory requirements concerning public hearing procedures.Finally,
the Administration recommends that all evidence received at the May 5, 1994 public
hearing pertaining to this topic be entered into the record of this public hearing.
043
PROPOSED ORDINANCE/PLAN AMENDMENT
ORDINANCE/PLAN: Land Use Element of the Comprehensive Plan
REFERENCE: Section 4.1 Overview of---- Strategies
ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Citizen
Other:
PRIORITY RECOMMENDATION: X_High Middle Low
PUBLIC HEARING DATE: May 23, 1994
PURPOSE OF AMENDMENT
This amendment would add language to the test of the Land Use Element of the Orange County
Comprehensive Plan to include a proposed new plan category entitled"Open Space Development Area"to
the "Land Use Element Categories - Zoning District Matrix".
UdPACTS/ISSUES
Proposed amendments to the text of the Land Use Element of the Comprehensive Plan are being
presented at public hearing on May 5, 1994. The amendments seek to create a new "Open Space
Development Area" land use plan category and are based on the following:
1.The provisions of the Hillsborough Cooperative Planning Agreement;
2.The work of the University Station Planning Group; and
3.On similar amendments presented at public hearing in 1992.
On the same date,consideration will be given to applying the new classification to the University Station
property. If the amendments are approved, the developers of the project could apply for rezoning and
planned development approval.However, staff has identified the lack of specific standards in the Zoning
Ordinance through which to implement the intent of the Open Space Development Area land use category.
Amendments to the Zoning Ordinance which seek to correct this problem are being presented at the May
23, 1994 public hearing. This proposal is related to the Zoning Ordinance amendments in that it will
provide the linkage between the "Open Space Development Area" land use plan category and the "Open
Space Development (OSDY zoning district.
EXISTING ORDINANCE/PLAN PROVISIONS (No changes to existing text proposed)
PROPOSED ORDINANCE/PLAN PROVISIONS
The proposed changes to the text of the Land Use Element are as follows:
Section 4.1 - Overview of l[mulementation Strategies
Proposed Change: Add Open-Space Development Area row to"Land Use Element Categories-
Zoning District Matrbe (between Rural Residential and County Residential
Transition)and create a new"Zoning District"column entitled"OSD"(see attached
table).
Proposed Change: Add a new section before existing description of RURAL BUFFER, as shown
below:
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OPEN-SPACE DEVELOPMENT AREA.Identifies areas adjacent to Urban or Transition areas
which are generally non-urban in character and which will remain as such. Land in this
category will generally contain low-density residential uses(e.g.,no more than two units per
acre)which may be served by individual wells and septic tanks or by public water and sewer.
Public water and sewer would be an option available to large-scale developments, or a
combination of small developments. All open space residential development with density
greater than one unit per two acres would be required to set aside and preserve significant
amounts of open space (e.g., at least 30 percent of the total project acreage or, another
option under consideration,at least 30 percent of the developable area of the project after
certain undevelopable open space areas such as wetlands and steep slopes are excluded).The
applied zoning district would be OSD (Open Space Development).
ORDINANCE REVIEW CObDIITTEE:
PLANNING BOARD REVIEW:
BOARD OF CONMMSIONERS REVIEW:
r
046
04 !
PROPOSED ORDINANCE/PLAN AMEND11XW
ORDEVANCR/PLAN.• Zoning Ordinance
Subdivision Regulations
R JTJMVCK OSD - Open Space Development Zoning District
See"Existing/Proposed Ordinance/Plan Revisions" below.
ORIGIN OF Ab[ENDKWr X Staff' Planning Board BOCC Citizen
— —Other.
STAFF PRIORITY RECOI®IENDAT ION.• X High Middle Low
E"ECTED PUBLIC HEARING DATK-May 23, 1994
PURPOSE OF AIGMA ENT.
The proposed amendment adds language to the text of the Zoning Ordinance to create a new zoning
district entitled "OSD - Open Space Development". The proposal includes dimensional requirements,
permitted uses, and development standards applicable within the new district.
[PACTS/ISSUES:
Proposed amendments to the text of the Land Use Element of the Comprehensive Plan are being presented
at public hearing on May 5, 1994. The amendments seek to create a new"Open Space Development Area"
land use plan category and are based on the following.
1. The provisions of the Hillsborough Cooperative Planning Agreement;
2. The work of the University Station Planning Group; and
3. On similar amendments presented at public hearing in 1992.
On the same date, consideration will be given to applying the new classification to the University Station
property If the amendments are approved, the developers of the project could apply for rezoning and
planned development approval.However,staff has identified the lack of specific standards in the Zoning
Ordinance through which to implement the intent of the Open Space Development Area land use category.
The proposed amendments to the Zoning Ordinance seek to correct this problem.
MSTRVG ORDIIVANCRIPLAN RRVISION&No changes to the existing text are proposed.
PROPOSED O DVANCRIPLAN REVISIONS:
1. Amend Article 4 of the Zoning Ordinance by adding a new Article 4.2.6-Open Space Development
(OSD)District to read as follows.
4.2.6 Open Space Development (OSD) District
a) Intent
The intent of the Open Space Development(OSD)District is to provide locations
for low intensity residential development and supporting recreational,community
048
service,educational,and small-scale commercial uses.The primary purpose of the
district is to provide an alternative to conventional subdivisions in rural areas.
Such clustered development is intended to better harmonize rural development
with designated Urban or Transition areas in the Comprehensive Plan through
the conservation of agricultural and forest land, and historic and natural areas.
b) Application Criteria
This district will usually be applied where the following conditions exist:
1. The site is within an area designated as Open Space Development Area
by the adopted Comprehensive Plan.
2. Water and sewer service is available to the site or is to be provided as
part of the development process or the lot size for individual uses is
appropriate for the method of water supply and sewage disposal.
3. Vehicular seem must consist of direct access to a street or streets
designated as either arterial or collector by the adopted Comprehensive
Plan. Access to transit corridors is desirable but not required.
2. Amend Article 4.3 of the Zoning Ordinance - Permitted Use Table to add the Open Space
Development(OSD)District and include the following list of permitted uses within that zoning
district:
Day Care Facility By Right
Dwelling, Single-Family By Right
Dwelling, Two-Family By Right
Dwelling, Multiple Family By Right
Family Care Home By Right
Group Care Facility Class B Special Use
Residential Hotel Class A Special Use
Botanical Gardens&Arboretums By Right
Church By Right
Community Center Class B Special Use
Governmental Protective Services By Right
(Police &Fire Station,
Rescue Squads,Volunteer Fire
Departments)
Parks, Public& Non Profit By Right
Schools, Elementary, Middle, By Right
& Secondary
Transmission Lines Class B Special Use
Governmental Facilities& Office By Right
Buildings
Water & Sanitary Sewer Pumping By Right
Station
Clubs or Lodges; Social; Fraternal By Right
Clubhouses
Riding Stables Class B Special Use
Recreational Facilities (Non-Profit) By Right
Recreational Facilities (Profit/Non-Profit): By Right
Golf Club & Country Club
Historic Structures: Non-Residential/Miaed Use Class A Special Use
0.13
Non-residential uses may be permitted as part of an open space development but only in
accordance with the provisions of Article 7 - Planned Developments. Such uses must be
located in small, commercial mixed-use centers in a village setting or context and be
designed to be to scale with the residential community proposed and planned with the
center.
3. Amend Article 5.1.1 of the Zoning Ordinance - Establishment of Dimensional Requirements
(Schedule for Residential Development,Single and Two-Family,Multi-Family,Residential Hotels,
Rooming Houses, Etc.) by adding the Open Space Development (OSD) zoning district and
providing the following notation in the OSD row:
Refer to Article 6.30 - Development Standards for Open Space Development (OSD)
Districts.
4. Amend Article 6 by adding a new Article 6.30 - Development Standards for Open Space
Development(OSD)Districts to read as follows:
6.30 Development Standards for Open Space Development (OSD) Districts
All open space residential development with density greater than one unit per two
acres shall be required to set aside and preserve significant amounts of open space
in accordance with the development standards specified herein.
6.30.1 Percentage of Open Space
The minimum percentage of land that shall be designated as permanent open
space, protected by donation to or through a conservation easement held by
Orange County, a recognized land trust or conservancy, or by a homeowners
association, shall be as specified below.
Based on the work of the University Station Planning Group, a range of options
is provided.)
a-1. A minimum of thirty percent (30%) of the total tract area shall be
designated as common open space.
(This option is based on the resolution adopted by Town of
Hillsborough.)
a-2. A minimum of thirty percent(30%)of the total tract area,after deducting
"Primary Conservation Areas" as defined below, and land required for
street, railroad, powerline, and similar rights-of-way, shall be designated
as common open space.
(This option is based on the resolution adopted by Orange County.)
b. All common open space shall be restricted from further subdivision
through a permanent conservation easement or restrictive covenants in
a form acceptable to Orange County and duly recorded in the Orange
County Register of Deeds Office.
6.30.2 Location of Open Space
The location of open space conserved through cluster development shall be
050
consistent with the following guidelines:
a. Open space shall be comprised of two types of land "Primary
Conservation Areas" and "Secondary Conservation Areas". The first
category shall consist of wetlands, water bodies, 100-year floodplains and
alluvial soils, and slopes greater than 25%.
b-1. In addition to the Primary Conservation Areas, the remaining land
necessary to comprise thirty percent (30%)of the total tract area shall be
designated and permanently protected as Secondary Open Space.
(This option is based on the resolution adopted by Town of
Hillsborough.)
b-2. In addition to the Primary Conservation Areas and land required for
street,railroad,powerline,and similar rights-of-way,thirty percent (30%)
of the remaining land shall be designated and permanently protected as
Secondary Open Space.
(This option is based on the resolution adopted by Orange County.)
C. Secondary Open Space may include farmland, natural areas and wildlife
habitats,wildlife corridors,mature woodlands,historic and archaeological
sites,recreation uses such as parks, community commons or greens, play
fields,and golf courses,landscape buffers,and scenic views or viewsheds.
In the case of recreational uses,no more than fifty percent (50%) of such
use(s) may be counted toward satisfying the Secondary Open Space
requirements.
6.30.3 Density Standards
a-1. Open space developments that preserve at least thirty percent (30%) of
the total tract area in common open space may be developed at a density
of not more than two units per gross acre.
(This option is based on the resolution adopted by Town of
Hillsborough.)
a-2. Open space developments may be developed at a density of not more than
two units per buildable acre. "Buildable acreage" is the amount of land
remaining after deducting Primary Conservation Areas and land required
for street, railroad, powerline, and similar rights-of-way from the total
tract area
(This option is based on the resolution adopted by Orange County.)
6.30.4 Dimensional Requirements
Within open space developments,the following dimensional standards shall apply:
Minimum lot size: 10,000 square feet
Minimum lot width: 75 feet
051
Minimum front and rear yards: 25 feet
Minimum side yards: 10 feet
Maximum building height: 25 feet
Minimum distance between building 400 feet
area of cluster lots facing
across a village common or green:
These dimensional requirements may be reduced but only through approval of an
open space development in accordance with the provisions of Article 7- Planned
Developments.
6.30.8 Utility Requirements
Open space developments may be served either by.
a. Individual wells and septic tanks on each lot; or
b. A community water and/or sewage disposal system designed,constructed,
and maintained in conformity with all applicable state, federal, and local
rules and regulations; or
C. Connection to a water and/or sewage disposal system operated by a
municipality,association,or water or sewer authority. System extensions
shall be sized only to serve the open space development(s) for which the
system(s) are extended.
5. Amend Article 7 of the Zoning Ordinance by revising Article 7.2.1 to include the PD-H-OSD
Planned Development-Housing-Open Space Development District as a permitted Planned
Development District as follows.
7.2.1 Establishment of the Planned Development Districts
Planned Development districts that correspond to the following districts authorized in
Article 4 are hereby created.
R-13 -PD-H -R-13
R-8 -PD-H - R-8
R-5 -PD-H -R-5
R-4 -PD-H- R-4
R-2 -PD-H - R-2
R-1 -PD-H -R-1
RB -PD-H - RB
OSD -PD-H - OSD
LC-1 -PD-C - LC-1
NC-2 -PD-C - NC-2
CC-3 -PD-C - CC-3
GC-4 -PD-C- GC-4
01-1 -PD - 0I-1
I-1 -PD - I-1
I.2 -PD -I-2
I-3 -PD - I-3
052
ED -PD - ED
PW-I -PD - PW-I
PD - MU
PD - R
PD - MHP
6. Amend Article 22-Definitions -of the Zoning Ordinance by adding a definition of"Open Space
Development Area"to read as follows:
Open Space Development Area - Land adjacent to Urban or Transition areas which are
generally non-urban in character and which will remain as such. Land in this category will
generally contain low-density residential uses (e.g.,no more than two units per acre) which may
be served by individual wells and septic tanks or by public water and sewer. Public water and
sewer would be an option available to large-scale developments, or a combination of small
developments.All open space residential development with density greater than one unit per two
acres would be required to set aside and preserve significant amounts of open space (e.g.,at least
30 percent of the total project acreage or,another option under consideration,at least 30 percent
of the developable area of the project after certain undevelopable open space areas such as
wetlands and steep slopes are excluded).
7. Amend Section N-B of the Subdivision Regulations by adding a new Section N-B-12,Open Space
Development, to read as follows:
IV-B-12. OPEN SPACE DEVELOPMENT
All subdivisions located in an OSD-Open Space Development zoning district shall
conform to each and all of the requirements of the Orange County Zoning
Ordinance applicable to that district.
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