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HomeMy WebLinkAboutAgenda - 12-11-2007-11b~-n~o~tY1a`~'ican ~~~ ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ~opntY o! 0r Current Planning ~~` ,~ ~ °s 306E Revere Road (919) 245-2575 ~7 ~ 5z P O Box 8181 ,~ (919) 644-3002 (FAx) ~~ Hillsborough, www.co.orange.nc.us ~°r~4 ~aY~~~"° North Carolina, 27278 • ~ ;= ~'___ _~ ~ _ ~ _ ~_ ,, 's.. ~ _r' ~~ o~,~ ~'Tf ~ ~ ~ -~-,- MEMORANDUM Date: December 3, 2007 To: Laura E. Blackmon, County Manager Board of County Commissioners Craig Benedict, Planning Director From: Robert P. Davis, Current Planning Supervisor ,~ Re: BOCC 2007 Goal -Land Conservation Report (Land Development) The attached report and associated attachments are an update the Board's 2007 Land Conservation Goal Report as it relates to the Land Development Approval Process, i.e. subdivision administration. The adopted BOCC goal on Land Conservation in April 2007 reads as follows: "To protect and conserve the County's important natural and cultural land resources" The three primary categories within which land conservation efforts occur in Orange County government are: 1. Lands Legacy Program 2. Land Development Approval Process 3. Locally Administered Federal and State Conservation Programs This report focuses on Item number 2, the Land Development Approval Process. Within the context of the report are specifics pertaining to the amount of public and private open space conservation that has been achieved in recent years through the regulated subdivision process as well as the dollar amounts of recreation payment in lieu received on major subdivision recorded plat activity from May 2000 to the' date of this report. The Payment in Lieu Fee Report, included as an attachment, is a cumulative total derived from all regulated subdivision activities in the period of January 2002 through November 27, 2007. 2 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ~opntP °/ ®~ Current Planning ~~` ~ ~ °g 306E Revere Road (919) 245-2575 ir' 5z P O Box 8181 (919) 644-3002 (FAx) ~,~ Hillsborough, Www.co.orange.nc.us '''°<<h QT0.t~`~~b North Carolina, 27278 Report to BOCC on 2007 Land Conservation Goal Purpose of Report To present to the Board of Commissioners a report as directed in the 2007 Land Conservation Goal and to provide information on open space land preservation, both public and private, within the Land Development Approval Process, specifically subdivisions. Also, information on the Recreation Payment in Lieu program is provided. 2007 BOCC GOAL STATEMENT To protect and conserve the County s important natural and cultural land resources There are three primary categories within which land conservation efforts occur in Orange County government: 1. Lands Legacy Program 2. Land Development Approval Process 3. Locally-Administered Federal and State Conservation Programs Introduction In practice, conservation and preservation of lands within a land development scenario occur only in the context of a subdivision development proposal. In other words, there is no preservation without a development proposal in this particular conservation approach. For major conservation and preservation efforts this is probably the least ideal mechanism available to the County because land has to be disturbed and developed in order to trigger preservation efforts. However, if the subdivision process can preserve open space in roughly equal amounts as development occurs, then land consumption to accommodate new populations is not as high as sometimes reported. Subdivision Process The stated purpose of the subdivision regulations is to guide and regulate the subdivision of land within Orange County, for sale or building development, in order to ensure the public health, safety, and welfare, and to provide for the sound use of land. The Current Planning staff is responsible for determining the classification (either Major, Minor or Exempt) of any proposed 3 subdivision of land. All major subdivisions are processed through the Development Advisory Board, the Planning Board and the Board of County Commissioners. Minor Subdivisions are processed through the Development Advisory Board and Planning Staff. Any planning staff member whose signature is on file at the Register of Deeds may review and approve Subdivisions Not Subject to Subdivision Requirements (aka Exempt) if all regulatory minimums are met. Upon approval, plats are signed and maybe taken to the Register of Deeds for recordation. Background of Land Preservation Efforts In early 1996, the Land Use Element of the Orange County Comprehensive Plan (hereafter LLTE/OCCP) was amended to add the text of the Inventory of Natural Areas and Wildlife Habitats of Orange County, North Carolina (hereafter `Inventory') to the plan and map. The Inventory had previously cataloged, in 1998, areas of significant importance to the County's character from both a natural area and a wildlife habitat prospective. The text amendment created Section 2.2 Natural and Cultural Resources in the LUE/OCCP and a subsection entitled The Environmental Framework. There were, and are now, four primary elements in the environmental framework---Water Resources, Land Resources, Plant and Animal Resources, and Cultural and Scenic Resources. Subsequently, in 1997, the subdivision Regulations were amended to create a new construct entitled Flexible Development, which incorporated a preservation component into the subdivision regulations. The Flexible Development component of the regulations set forth open space minimums (33% of total acreage) for subdivisions. The rules in Flexible Development guidelines mandated that open space components [see below] roughly parallel The Environmental Framework subsection 2.2 of the Land Use Element amendment. With this new method open space with a specific purpose became an achievable. aspect of subdivision development reviews and approvals. The Flexible Development 33% open space components are as listed below: Primary Open Space (These areas analyzed and preserved first) • Wetlands • Floodplains (100-year) • Steep Slopes (greater than 25%) • Natural Areas • Historic and Archaeological Sites • Wildlife Corridors Secondarypen Space (These areas are analyzed and preserved after the Primary Areas) • Woodlands • Farmland • Slopes of 15% to 25% • Other Historic and/or Archaeological Sites • Public and/or Private Recreation Areas and Facilities • Scenic Views • Pedestrian Open Space (POSA) • Roadside Buffers 4 ® Greenbelt Linkages Other Non Classified Oben Space ® Meadows (not farmland) ® Timbered Land (not farmland) ® Water Bodies (ponds, creeks, streams, marshes) ® Stream Buffers (protected areas along water bodies) The preservation of environmentally sensitive lands (listed above) is achieved through flexible development subdivisions when protected lands fall into either a public or private preservation category as determined by the zoning ordinance, the subdivision regulations, the LUE/OCCP and, at times, by other departmental County Staff members. The public category ownership is usually by fee simple dedication or through public conservation easements and the private ownership category is usually by fee-simple title conveyed into a Homeowner's Association or through private conservation easements (i.e. by deed restrictions) on individual lots. History of Major Subdivision Regulation Changes In the early years of flexible development there was not a large amount of open space preservation accomplished in subdivision approvals. The regulations required that the applicant submit both a conventional plan and a flexible development plan and-then allowed the applicant to choose which one to submit for preliminary review. Usually the applicant would opt for the conventional design (with little or no open space) at the preliminary plan stage because of a higher lot yield or a preferable layout of lots. In order to address the open space shortcoming the BOCC, in the years 2000 and 2003, approved two major amendments to the Subdivision Regulations regarding process and standards that increased land preservation in subdivisions. Staff has included, as attachments to this report, subdivisions in the Rural Buffer that occurred before the amendments and after the amendments (Tuscany Ridge -before and Westhampton - after). The two subdivision amendments approval dates are as follows: May 16, 2000 -Flexible Development Plan became a requirement (not voluntary) in the entire County's jurisdiction, except for JPA/Rural Buffer. This amendment required the Planning Staff to make a recommendation to the Planning Board regarding which subdivision option should be approved (i.e. Flexible Development Plan or Conventional Plan Option). The Staff recommended plan, approved by the Planning Board, became the plan that the applicant was required to follow. February 24, 2003 -Flexible Development Plans became a requirement in the JPA/Rural Buffer, with the exception of the Village Option which is not permitted in the JPA /Rural Buffer. This amendment also expanded the notification requirements throughout the County's jurisdiction. Also, in 2003 the BOCC amended the Open Space Standards to incorporate additional usefulness, efficiency and compatibility into subdivision design with regard to usability of the open space by residents. The amendments focused on furthering the regulations toward protection of Rural Character and the Protection of Space for. Outdoor Recreation. The primary means of accomplishing these goals was through size, shape accessibility and composition criterion. Lots Created Through Subdivision Activity S Year Minor (Approved lots) Major (Platted lots) Exempt (Approved lots) TOTALS 2007 (to date) 32 0 48 80 2006 42 73 S3 168 2005 108 91 14S 344 2004 S1 92 146 289 2003 66 102 7S 243 2002 79 SS S2 186 Totals 378 413 519 1310 Exempt Subdivisions: Because these subdivisions are not subject to subdivision regulations no payment in lieu, public dedication nor open space preservation occurs iri subdivisions of these types. While the County probably. cannot do much to affect State Law on this issue, the County can consider a process that would present an alternative to the 10+-acre option that is so prevalent. Minor Subdivisions: The payment in lieu is the option of choice for most minor subdivisions. On occasion there has been public conservation easements secured during the approval process, but outright public dedications are rare. The table below shows major subdivisions that were. approved from May 2006 to present with the acreages of public and private open space shown, as well as recreation payment-in-lieu for those subdivisions with final plats recorded and/or are under final plat review by the department. 6 Open Space in Approved Major Subdivisions since May 3, 2006 Project Name Date Total Public Open Private Open Payment in Lieu Approved Acreage Space Space Amount Acreage Acreage Received with (Dedication) Final Plat Rural Buffer ro'ects in Sold Triple Crown May 3, 2006 111.29 - 45.68 No Preliminary Estates Approval Conce t Westhampton September 130.08 6.37 46.39 $0.00 (Preliminary) 12, 2006 (Public Dedication) The Orchard December 4, 66.12 2.86 18.47 $0.00 (Preliminary) 2006 (Public Dedication) The Bluffs at December 6, 35.22 - 14.95 No Preliminary Moorefields 2006 Approval (Concept) Carramore March 27, 0.31 - 0.214 $0.00 (Preliminary) 2007 (No lots) Bramco Partners June 6, 2007 88.87 20.39 12.43 No Preliminary (Concept) Approval Swallow's Ridge August 1, 60.09 - 21.5 No Preliminary (Concept) 2007 Approval Beverly Oaks August 1, 46.9 - 18.85 No Preliminary (Concept) 2007 Approval The Hastings August 21, 20.14 0.89 7.17 $0.00 (Preliminary) 2007 (Public Dedication) Pleasant Green September 73.47 17.34 19.41 $0.00 Woods 19, 2007 (Public (Preliminary) Dedication) T®TALS 632.49 47.85 205.06 $0.00 (7.57 %) (32.42%) Based on the above calculations approximately 40% of the gross acreage of approved subdivisions since 2006 has been preserved as open space [252.91 acres / 632.49 acres = 0.3999 or ~ 40%]. Approximately 23% of the total open space area has been targeted for public dedications to either Orange County or the Eno River State Park. Onen Space in Avvroved Preliminary Plans from Mav 2000 through Avril 2004 Project Name Date Approved Total Public Open Private Open Payment in Acreage Space Space Acreage Lieu Amount Acreage Received with Final Plat Buckhorn May 16, 2000 141.8 - 25.26 $12,740 Ridge Bricewood June 29, 2000 27.04 - - $S, 91S Acres Richmond August 1S, 40.96 4.6 17.36 $0.00 Hills 2000 (Public Dedication) Woodlands September 19, 94.8 in - 1 S.2 $16,380 2000 Orange County High Ridge November 1, 33.53 - 4.00 $10,465 2000 Ashwick May 1 S, 2001 50.93 4.46 19.14 $0.00 (Phases 1,2,3, (Public and 4) Dedication) High Rock June 19, 2001 71.3 - 25.3 $18,6SS Village Gold Mine August 21, 41.9 - 14.12 $4,095 2001 Duck Landing October 16, 31.72 - 18.24 $3,574 2001 Birdsong December 11, 66.0 - 20.44 $11,830 2001 Fox Hill Farm December 11, 307.43 - 101.8 $31395 Central 2001 Mill Creek February 19, 42.99 - 17.42 $7,280 2002 Davis Farm June 18, 2002 21.31 - 0.47 $2,730 (Conservation easement) Tuscany June ~27, 2002 54.86 - 5.47 $10,010 Rid e Eno Ridge December 2, 54.76 ~ - 17.23 $14,560 (previously 2002 James Woods) Mill Creek October 1, 98.25 - 38.21 $7,280 2003 Weldon Ridge August 17, 47.35 - 20.5 $4,220 (previously 2004 Davi-Net) TOTALS 1226:93 9.06 360.66 $161,129 (0.73%) (29.4% 8 I~VEI2ALL ASSESSIIZENT: Overall, the subdivision regulations are working well to protect environmentally sensitive areas within development proposals. The regulations are accomplishing the stated goals of preserving areas set forth in the 1981 Comprehensive Plan, as amended. Land is being dedicated or protected for the public through the process and other lands beneficial to residents within or in the vicinity of subdivisions are being protected through Homeowners' Associations. The recent spike in public dedications in subdivisions over the past 18 months has been due to development proposals containing land suitable for public dedication, i.e. those areas designated for preservation (Eno River and greenways in the JPA). This is more of a location factor than any amendment at play. Many of the earlier subdivisions were not adjacent to lands targeted for preservation, hence no public dedications. If, through the updated Comprehensive Plan process, recommendations by committees and boards are forthcoming then a revision to the subdivision regulations may be needed. However, to make changes without a specific purpose would not be prudent. Recommendations For Future Consideration On occasion, the amount of environmentally sensitive land to be protected takes virtually all of the mandatory 33 percent open space and leaves little or no land for other important issues such as centrally located recreation or roadside buffers. Some potential options are listed below: ® Increasing the open space percentage to 40%, or higher, would help somewhat cases where there is a high amount of environmentally sensitive lands to protect. ® Another option is to remove certain types of credit for flexible development open space (i.e. steep slopes, wetlands, floodplains) from the flexible development portion of the regulations, and place them in the general regulations for all subdivisions. This would have the same effect as an increase in the open space percentage for those properties with highly sensitive areas for protection and a need for active recreation area for residents. ® Create an urban option for Flexible Development to be applied in urban designated areas as identified on the Growth Management System Map. The standards applicable in rural areas of the County do not necessarily transfer easily into more urban areas (e.g. Hillsborough growth areas, Efland area, EDD yeas with residential components) where different development types are encouraged. Recommendation on Recreation Pa~rrient in Lieu The price of providing public recreation continues to escalate along with land acquisition costs, development costs and ongoing operations expenses. The fees assessed to each newly created lot in subdivisions do not reflect the real costs of providing recreation to County residents. Also, the actual geographical areas on the existing Community and District Parks [see attached] may need to be revised based on newer population distributions and commuting patterns. Information provided on payment in lieu in this report is backward looking, meaning historical numbers. Both the public costs of recreation versus private contribution rates of new development as well as the physical location of proposed parkland and parks should be studied with the intent of providing an updated recreation report for the Board within timeframes specified by the Board. Report prepared on: December 3, 2007 by Robert P. Davis, Current Planning Supervisor 9 0 R1 Cheeks Community Park R2 North Hillsborough East Cheeks Community Park R3 Little River Community Park R4 Bingham Community Park RS Cedar Grove Community Park R6 Eno Chapel Hill Hillsborough Community Park N Park Districts ~ Parcel Boundary Reservoirs and Lakes Community & District Parks (Parks Plan, 1988) 1 Miles ~...,. 0'•4 v u County of Orange Environment 8 Resource Conservation Department M Jones 11/5/07 10 Orange County Planning and Inspections Payment in Lieu Fee Report Date Range From 01/01/2002 to 11/27/2007 PARK $ AMOUNT Cedar Grove Community Park 844.00 Little River Community Park 5,908.00 Northern District Park 36,400.00 North Hillsborough/East Cheeks Park 5908.00 Cheeks District Park 36,855.00 Bingham Community Park 2,176.00 Bingham District Park 17,645.00 Eno Chapel Hill Hillsborough Community Park 4,220.00 Chapel Hill District Park 39,585.00 Cheeks Community Park 0 TOTALS $149,541 c [z. ~~ x ~~-° - o O~ J { ' 1 0 ~r` i ":•~,`. .~+.~~;~~.~ _- ..Fs ``.•: •;•`,(• 'jy'~i`p \•} °d \: '•'..r k a~ ' 1 mN 1 ^$.. 1 ou.~>;.\,••:;yF •Oc"fo. .:•:~ .`~k ~~.:~.i' rJ `- ~~ ~'~4\ ..s''""-•" --•^c"'•g ~gryl ~i u. gi ( 1. •• `.`:`,'M.. -•.+., X;• :'s•' ~,"_` ..,^.!. \ ` mod. p r- r .ti_~_.~t~::~••.!:\~' W _ ___ -__-'-- ~.•~\,''~•.~ti;••~~`'•T •;I ~' r\ mod` ••L: `nk (~~jJ~~ +` ~` ~ s - ~d •,~ •, .,~.;; ~,••'".'fir ~..::;~:.:;;?rrr +:,;~-' ~; • ~ • a~ , W`t~ i ') < .J. l• t`ti; \:`: ~~'~' ,`~~ •`+•, mid ~•• ,'' ! °d \\ O (._ .. h nil :::•: ::•• _ ,' ', \ < \ ~ - t/,: • •.'_-,. ./ ~_ ~A l md. l { `''~N ~...\ spa .z ~ Y, o<~ \ •\ 'I '. ,£'`.` ;,^/' Y't'•' / •%``~•~.~•'~•c. // J "r '•~o-°'li•.. 1~ .. }' .ate ~:~' •/ .'•~•~ ''ir-.: '/,!d` ..~• +r °^%y :v~N. ,~' ^~ Ni r\\ 1 \\ ~.,•.;.:+:. y~4 Wla{a._. f~~~-_~••, ,\,~ z;'••.~. •r,...: •:•;.,::••' 1 _ •V~,A~o~~\ •d~-"•~' ,. `;• a o'~6(`3~'{ `1~•.;.,` ;•i~~ F:'~`•`~.,~"~.kl ./ _ ~•":%"r- •i .~ ~'; v ,,•.,, .. ` l- ice'-1-jai ~:y^^~•~•y: ' -' {,Q.Z :Ills / ',• ^1.,,1; ~~•\+'•~~ ~:.,;•,.; *J.' •~ H•~k~~~i • } ~ r' F. _ Cdr ~ } /'` : • : d•. - ~~"C7 r - r i e s a e' .. ~:ta ox ,' d~`e•: , t~.~,.~~x>i:, `ter.. ••i f ..... ... > • . z tali a m ... , ..l}:t.•:-xS_^••$:.,Y., ,~ _., ~- ~-••, = V ' ._ - ~ - 3 it 4 U'~ • r' f , • 1" ~ i f ~ •• 4' \ r. 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