HomeMy WebLinkAboutAgenda - 06-30-1994 - C-2
15
Y
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:June 30, 1994
Agenda Abstract
Item#—L2—_
SUBJECT: RURAL CHARACTER PRESERVATION STRATEGIES
DEPARTMENT: Planning PUBLIC HEARING:—X—Yes No
ATTACHMENT(S): INFORMATION CONTACT:
Planning Director X2592
Issue Papers
PHONE NUMBERS:
Hillsborough 732-8181
Mebane 227-2031
Durham 688-7331
Chapel Hill 967-9251
PURPOSE: To receive citizen comment on rural character/open space preservation strategies and
issues.
BACKGROUND: At its May 17, 1994 meeting, the Board of Commissioners received a report on proposed
Rural Character Strategies. Discussion was continued to the May 26, 1994 budget
presentation meeting. At that meeting, the Commissioners decided to conduct a special
hearing at the end of June to consider the following items:
1. Rezoning of the remaining 37% of the County's planning and zoning jurisdiction
from one dwelling unit per acre to one dwelling unit per two acres to establish a
"baseline" from which to implement rural character strategies; and
2. Receipt of citizen comment on the following open space preservation issues:
a. Whether clustering was a desirable and marketable form of development;
b. Whether a 50 percent open space requirement was appropriate,and how
should open space be defined, and
C. Whether density bonuses should be provided as incentives for preserving
open space.
Specific ordinance amendments are not being proposed.Comments received at the public
hearing will be used by the Planning Board and Board of Commissioners in developing
specific rural character/open space preservation proposals.Issue papers highlighting major
considerations associated with these topics are provided as attachments.
RECOMMENDATION: The Administration recommends that all comments received at the public hearing
be referred to the Planning Board for use in developing/finalizing inalizing specific rural
character/open space preservation prop.
16
ISSUE PAPER
DESIRABILITY OF OPEN-SPACE DEVELOPMENT (CLUSTERING)
Background
In the pest 20 years,many counties across the nation have examined or implemented the concept
of"rural cluster" or "open-space development" ("OSD"). The term, popularized by Randall Arendt of the
Natural Lands Trust, denotes the difference between high-density urban"cluster" development and low-
density rural"cluster" developments.In general, Open-Space Developments are residential or mixed-use
developments that differ from conventional subdivisions in that development activity is focused on a portion
of the site, leaving part of the tract in some type of open space.
As an example,a 100-acre tract of land could be developed as a conventional subdivision with 47
two-acre lots, excluding street rights-of-way.An Open-Space Development might preserve 50 acres of the
site in permanent open space, clustering 47 homes on one-acre lots adjacent to the open space.
This development style has found favor primarily in high growth counties on the edge of urbanizing
regions, such as Loudoun County,Virginia;Newcastle and Sussex Counties,Delaware; Gwmnett County,
Georgia; Bucks County, Pennsylvania; and several counties in California, Oregon, New Jersey, and
Washington.In some counties,Open-Space Development is mandatory.In others,developers are required
to prepare and submit conventional as well as OSD concept plans, but the option of which plan to
implement is the developer's choice.
I
Copies of an article by Mr.Arendt and a strategy adopted by Montgomery County,Pennsylvania
are provided to highlight various issues surrounding the concept of cluster development. The principal
advantages and disadvantages cited most often about cluster developments are summarized below.
Advsataaes and Oonortunities
A significant advantage to Open-Space Developments is the creation of permanent open space.
Open space may be set aside to protect special natural areas, and wildlife habitats and corridors (such as
sites in the Inventory of Natural Areas and Wildlife Habitats)from development impacts.Open space may
also be used to protect a scenic vista or historic site, thus protecting the rural character and heritage of
particular areas. Where agricultural operations exist, it can be used as an method for farmers to receive
monetary return on their property,while still continuing to farm the unused portion of the development.
Another advantage a indicated by studies conducted in Massachusetts and New Jersey. In
comparative studies of lot sales in Open-Space Developments and conventional subdivisions, open-space
lots have appreciated at a higher value than lots in conventional subdivisions without open space.
Disadvantams and Limitations
Acxompa�ring the advantages listed above are some possible disadvantages to Open Space
Developments. FSrst, there have been few open space or cluster developments in the county or region.
Because of this, it a difficult to gauge the marketability or desire for open-space lots.
Another disadvantage is that financing from lending institutions for innovative development styles
is often more difficult to obtain than for conventional development.Because they may require public water
and sewer, or alternative sewage treatment systems, Open Space Developments could be more costly to
develop than conventional subdivisions.
Finally, open-space lots may carry a higher price tag per acre to go along with a possible higher
value.If Open-Space Development is mandatory,conventional development styles would not be permitted,
1 `
limiting the type of lots on the market and possibly affecting the affordability of certain housing types.
Imi icatione for Rural Land Use Pattern
If Open-Space Developments are permitted in Orange County, the long-term land use pattern of
the county may be changed considerably,dependent on whether OED's were optional or mandatory.The
amount of subdivision development encompassing entire tracts of land would be replaced with
developments where home sites were interspersed open space corridors. The application of mandatory
OED's may accelerate the change in pattern over an optional program.The impact and use of an optional
program of Open-Space Development would be largely dependent on perceived and real incentives(e=tmg
and/or new) which accompanied the program. Another approach might be some combination of optional
and mandatory programs. In that case, Open Space Developments would only be mandated where
significant, defined resources were impacted by a proposed development.
18
D 1 '�
Cluster men Develo •
p
t.
A Profitable Way to
Save O en Space
p
a M ost suburban and rural resi- achieve cost savings by adopting the
By Randall Arendt,MRTPI denial developers probably cluster approach (see Cost-Effective
Natural Lands Trust Mhave not fully considered Site Planning: Single-family Devel-
the political and economic advantages opment. NAHB. 1986). Studies
Building/comes in clusters can offered by cluster or "open space" recently completed at the Center for
development. The cluster approach Rural Massachusetts have revealed
reduce development costs while allows developers to build the usual another pertinent fact: initial sale
preserving permanent open spaes for number of homes on a given site prices and subsequent resale prices
while reducing roadbuilding and utili- can be higher in cluster or open space
recreation,wildlife,or agriculture. ty costs. In addition. open space developments than in comparable
development provides permanently conventional developments. Attrac-
protected open space (for recreation, tive views of and access to protected
wildlife. agriculture), which adds tan- areas appear to enhance the value of
gible economic value to individual downsized lots (see LAND DEVEL-
house lots. Best of all. the increased OPMENT.Winter 1991).
value is created at no additional cost In Amherst, Massachusetts. for
to the developer or to the local juris- example, a comparison of two late
diction and involves no sacrifices by 1960s subdivisions—whose house
the original land owner(who receives sizes are similar but whose lot sizes
the usual selling price). In fact, the and patterns are markedly different—
cluster approach rewards all partici- indicates a strong market preference
pants in the development process and for cluster development. in the stan-
penalizes no one. dard subdivision. where lots are twice
In an era of substantial buyer resis- the size of the cluster development
tance to condominiums and other lots, houses originally sold for
attached units. it is important to note S26,300. or S600 (2.3 percent) less
that cluster developments can be easi- than the homes in the cluster subdivi-
ly designed to maintain the traditional sion. After 25 years, during which
American standard of the single-fami- time the prices of the homes in both
ly detached home on its own lot.Open developments increased many times
space is created by downsizing and over,houses in the cluster subdivision
clustering lots on a site and thereby now sell for S17.000 (12.7 percent)
protecting the property's valuable nat- more than their counterparts in the
ural features or scenic attributes. The conventional "cookie-cutter" develop-
classic New England village settle- ment.The chief difference between the
ment pattern is a superb example of two developments, which were Bevel-
clustered single-family homes. with oped at similar gross densities, is that
the central village green constituting one provides scenic and recreational
the permanently preserved open space. open space (low-cost active and pas-
Many studies conducted over the sive), while the other offers nothing
years by the National Association of more than house lots and streets.
Home Builders and others have clear- Cluster development can also offer
ly demonstrated that developers can a political benefit. In Connecticut,
26 Land Development/Fall 1991
i t ti-. - ;,�•�.• • '1,17'!�.���{♦'�_`��..
20 r,
r iii +r - ♦. �4�•�.t`=`�yi��...`#i`T�r•� 1
The New England village pattern—small lots and small setbacks and village greens—is an early example of the
cluster concept.
where open space advocates are standards such as maximum densities office or industrial parks ha\e a prac-
increasinsly lockinet horns with devel- and minirnurn setbacks. In practice, tical and effective alternate\a in the
opers. the cluster approach is provid- however, these ordinances generally form of cluster de\elopment or"open
ing an excellent way for home do nothing to protect open space or to space"zoning.To avoid redistributing
builders and others to demonstrate conserve rural character. the equity held by existing land own-
that their proposals can, in fact. help Conventional zoning assigns a ers. cluster zoning allows the game
totvns maintain them cherished rural development designation— generally gross density or overall amount of
character. Cluster development can be residential. commercial, or industri- development that is already permitted.
an effective "mitigation technique" to alto even• acre of land in a commu- The difference is that clustering
rebut legal challenges that develop- nity. The only lands not designated requires all new construction to be
mint �� producing •an adverse impact for development are unbuildable areas limited to (typically) one-half of the
on -uch \:clued natural assets as farm- such as \%etlands and flood plains. parcel. The remaining open 'pace is
land. ri\erbanks. steep hillsides or Conventional zoning has been accu- permanently protected under a con.er-
summit,;. and deeryards. To quote rately described as "planned spraulI vation easement and recorded in the
land use consultant Robert Lemire, because every square foot of each deed for the land.
the challenge is to "build what needs development parcel is converted to Local regulations can offer cluster
to be built. and sa\e \\hat needs to be front yards. back yards. streets, side- development as an option to the
saved." Walks,or driveways. Nothing remains developer or can make clustering
Fey\ people realize that conven- to become open space through this compulsory. in Massachusetts. about
tional zoning is essentially a blueprint land-consumptive process of regula- one-third of the to\%ns offer "permis-
for de\elopment and development tion. sive cluster' as an option for develop-
alone. Most rural residents consider Local officials, residents. and ers. Mandatory or "compulsory clus•
their to\%ns fairly %%ell "protected" by developers who are interested in ter" has been used by a number of
zoning regulations that \\ere original- ensuring that their towns will not ulti- rural towns in southern )Maine and
ly intended to separate incompatible mately become a seamless web of upstate New York for mam dears but
uses and to establish development subdivisions. shopping centers. and has only recently been introduced in
Land Development Fall 1991 27
21
Massachusetts. where about a dozen parcel so that the remainder of the sions. Some towns address this issue .
towns have adopted it within the last tract can be preserved as unbuilt open by requiring developers to demon-
two to three years.In Connecticut.the space. The degree to which clustering strate that their cluster plan would not
town of Cromwell made state history achieves a significant savings in land produce a greater number of new
when it became the first municipality while providing an attractive and homes than would be allowed under a
to mandate open space development comfortable living environment standard layout. For this reason,
designs for subdivisions located in depends largely on the zoning regula- developers may be required to submit
certain types of natural resource areas. tions and the expertise of the land two inexpensive sketch plans for
Although the basic concept of clus- planner. comparison.
tering is fairly simple and well estab- Open Space:What Size and Shape? Will It Harmonize with Its
lished, those who do not associate it Surroundings?
with traditional townscapes tend to Unless local regulations specify
view it as a new form of development. minimum area and dimensions for the Communities are often concerned
Interestingly, it is the conventional open space. the"open space"can end that cluster housing will not blend
suburban model that is actually the up being nothing more than a long. with a town's rural character. It is true
more alien pattern in otherwise tradi- narrow fringe that abuts rear lot lines that some cluster developments built
tional landscapes such as New Eng- and the parcel's outer perimeter. To in the past have failed to harmonize
land. Conventional subdivisions look avoid awkward, unusable spaces, the with their surroundings. Recognizing
"at home"only in places where, after zoning ordinance should require lots this potential problem, a few towns
several years, they have become the and roads to cover not more than,say. now require new cluster plans to con-
predominant building pattern. 50 percent of the parcel and should sist only of detached, single-family
Ultimately, of course, community specify that at least one-half of the homes. each set on its own smaller
residents and decision makers must open space must be configured to be lot. By resembling a traditional vil-
address the question of the cluster usable for recreation or agriculture. lage pattern, a single-family cluster
approach's appropriateness in rural or Counting Only Truly Usable Land plan ensures that every family will
suburbanizing municipalities.The fol- have its own separate yard in addition
lowing points arc useful in addressing Many communities require hous- to the larger open space created by
the principal concerns typically ing density to be based on"net build- clustering.
expressed at local meetings when the able area." which typically eliminates Architectural Design Issues
open space or cluster development from the density calculation all or a
concept is proposed. certain percentage of unbuildable To permit some variation in hous-
The Open Space(Cluster)Concept lands such as wetlands or extremely ing types, a few towns have adopted
in Practice steep slopes. Without this require- special permit procedures that autho-
ment, the cluster approach could be rize their planning boards to approve
The basic principle underlying used to propose a greater number of attached units under certain circum-
cluster development is to group new dwellings than would be buildable stances. e.g., when units are carefully
• homes onto part of the development under conventional subdivision provi- designed to reflect traditional archi-
•. -
Suburban zoning and subdivision standards have given us a "planned sprawl
28 Land Development/Fall 1991
22
-��` � � _•' •Vii.. �
i
t
,6
Most older small-town roads in New England are 18 feet wide and have worked well.
tectural w,les. Typicalh. such regula- est. at the time owners sell their cluster ordinances typically prohibit
tions set an upper limit on the number house. Unpaid dues cloud the title and further subdivision of the parcel.
of dwellings per building (four. for effectively pre%ent resales. some ordinances provide for an added
example) and provide standards relat- if the open space is agricultural. safeguard by requiring a local. region-
ing to features such as roof pitch.sid- other options apply. The open space al.or statewide land trust or conserva-
ing material.roofline breaks.and win- can be sold "in fee"to the homeown- tion commission to be a cosigner and
dow proportions.thus giving develop- ers' association. which. in turn. can enforcer of any conservation ease-
ers an incentive to hire architects %%ho lease the land to local farmers. Alter- ment that permanently restricts devel-
are sensiti%e to the building forms that natively. the original farmers can opment in the open space.
blend a tth the town*s character. retain ownership of the land and sell Buffering Farm Operations
Open Space Maintenance only their "development rights." The
latter option affords farmers the To reduce potential conflicts
Another issue of concern is main- opportunity. upon retirement. of sell- between new residents and existing
tenance of the open space created by ing their field-, to younger farmers at agricultural practices.a few tow ns are
clustering. if the open space is recre- an affordable price that reflects the beginning to require cluster lots to be
ational (playing fields.joeging trails. land's agricultural value (rather than separated from the protected farmland
tennis courts. etc.). a hotneoW ners its potential building value). thus by a buffer strip that is typically 75 to
association—to which all residents strengthening the local farming econ- 100 feet wide. Where the de%elop-
are contractually obligated to con- omy. This is essentially a private sec- ment can be so designed. existing
tribute w hen they purchase their for version of a"purchase-of-develop- woodland should be used as the
home—typically handles the upkeep. ment-rights'program. buffer. Otherwise. tow ns can require
At Echo Hill in Amherst. !alas- ..Locking 1n"the Open Space new buffer areas to be thickly planted
sachusetcs.home buffers sign a legally with a variety of rapidly grow ing
binding agreement that authorizes the Another commonly expressed fear native trees and shrubs Ouch as white
homeow ners' association to collect is the possibility of future develop- pine. birch, poplar. American yibur-
any unpaid dues. with accrued inter- ment in the open space. Even though num.honeysuckle.wild rose).
Land Development.Fall 1991 29
2"'1
Adjacent Property Values side the individual lot in an easement valve" for a limited amount of con-
within the protected open space. The ventional (noncluster)development so
Cluster's impact on surrounding flexibility of cluster siting allows that applicants have other options that
property values is often cited as an either approach. do not require them to submit to a
issue. Along any part of the parcel Why Require Open Space(Cluster) special permit process.
perimeter where downsized lots Design?
would adjoin standard-sized lots, Cluster Design and Rural Character
towns can require buffer strips similar Perhaps the most controversial Last, but certainly not least, is the
to the ones described above. Along issue surrounding the cluster concept issue of whether cluster development
other edges,buffers may not be desir- is the suggestion that local ordinances is "appropriate" in a rural setting.
able or logical as lots bordering per- could mandate an open space Without proper regulatory safeguards
manently protected open space almost approach. The rationale behind a and design criteria, it is clear that
always enjoy enhanced property val- mandatory approach is that certain clustering can produce results that are
ues. In fact, buffers may not be need- irreplaceable natural resources must be incompatible with its surroundings.
ed anywhere because the value of protected, including wildlife habitat. However. many rural residents are
cluster lots appears to be initially wetlands, riverfront land. productive beginning to recognize the advantages
higher and to appreciate faster than farm fields, large rock formations, that well-designed cluster develop-
the value of conventional lots, as scenic views, and mature tree stands. ment can offer. It is the only develop-
noted previously. Clustering permits flexibility in land ment approach that sets aside land,for
Private Streets,Different Standards? design so that developers can avoid permanent open space.
these and other important or valuable Conclusion
When cluster developments are areas. It remains a local decision
designed with privately maintained whether to require the cluster approach Had the Pilgrims not run out of ink
road systems, developers often ask when development is proposed on any or parchment after finishing the
local planning officials to relax stan- or all of these resource lands. Mav wer Compact and had they the
dard street width requirements. If sub- time and"foresight"to draft a modern
division street construction standards Degrees of Mandating Open Space zoning and subdivision rulebook, all
are excessive,as they often are,panic- It is possible to limit the cluster of our attractive New England towns
ularly for pavement width,they should requirement to certain zoning dis- would have a thoroughly suburban
be revised for all types of new devel- tricts. It is also feasible to authorize character by today's standards. It is a
opment. not just for cluster develop- local planning officials to require sobering thought, but New England
ments. In this way, residential street clustering on a case-by-case basis would be virtually indistinguishable
design will not compromise a commu- when a proposed conventional plan from many other parts of the nation.
nity's rural character. It is useful to would destroy or remove more than a As towns shape their landscape
note that most small-town roads in specified percentage of certain listed with standardized, suburban-style
New England outside new subdivi- resources. However. proponents of municipal regulations, we must ask
sions are designed for an 18-foot-wide "compulsory open space" zoning in whether continuous coverage by
paved surface. which is much mono in any of its various forms argue that large-lot subdivisions will be more
scale than the 22-foot to 30-foot paved anything less than a mandatory attractive than a mixture of village-
travel surfaces commonly required by approach cannot guarantee resource sized cluster lots surrounded by per-
"modem"subdivision regulation& protection because developers remain manently protected farm fields,wood-
Sewerage and Septic Systems free to ignore cluster "recommenda- lands, or open space. This is a ques-
tions from town officials. tion for developers, residents, and
Because of the shorter road lengths L al Points officials in each town to address. As
needed to serve villags-sized lots in a long as everyone understands and mc-
cluster development. substantial sav- Towns considering "compulsory ognizes the ultimate consequences of
ings are possible in the construction open space zoning" are strongly the various types of development.
of roads, sewers, and water lines. encouraged to work closely with legal each participant in the debate can
Where sewer service is unavailable, counsel to ensure that their ordinances make an informed decision. O
however, people have expressed con- are not inconsistent with statutory or
cems about siting septic systems on case law, in particular. two points Randall Arendt,MRTPI,is Vice
the smaller cluster lots. Some towns, should be noted. First, compulsory President of the Natural Lands Trust
as a result, require house lot " be open space.zoning should be used to- in Me�.Petrsj&anie.and is for-
located on the section of th I— protect ldetuiflable and Important. merly irector of Planning god
where soils are mosvoitable-for ref a lands and should not be a= Research amhe Center for Rniraf
leaching fields. Another option, how- "bl et"over all rural properties. _Wassachuseus.University of Mas-
ever, is to locate septic systems out- Second, it must leave an "escape=%achuserrs:
30 Land Development/Fall 1991
24
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LAND
1 PRESERVATION
Old Challenge . . •
—7-7-77. New Ideas
■
hewed by W Mompmary Comm Plummy Communal
-_
'mad a du Merpmmry Cam Primus mm
Montgomery County, Pennsylvania 9M mN3
,••..' 1
I Dilemma . . . ,...,
..,-)
How to allow
•
.' Fr• . ,$r :.,, . residential
;
y -to me
nt T A:
----r- ` - • al areas
- " thout
• . destroying
'� � a rural character.
.' MONTGOMERY COUNTY,PENNSYLVANIA a
BOARD OF COUNTY C MMISSIONERS
Mario Mele,Chairman
Ion D.Fox I In recent years resi- ".
Joseph M.Hoeffel,III S
dents have shown a '
concern with the ` *.
COUNTY PLANNING COMMISSION ` y
deterioration of ! -3 •
Feodor U.Pitcairn,Chairman % r
Clarence W Holing,Vice Chairman quality of lif -, . - «
Richard S.Buckman
Stewart R.Cedes standard - - j `�=-- "—''
developmen - .... :
Gloria M.Calise bring. ,I,,., 4014:'t
I Icnry DePaoli
Richard S.Frain "' ` M M �-
Richard N.Sundheim Y7
Charles I.Torncua r Important issues t' —1'„ ` f
include the degrada-
Arthur F Loeben,Director tion of environmen- destructio ,
tally sensitive areas, farmland,loss a y.
To address these concerns,the Montgomery County Plan n
(MCPC)has created the LAND PRESERVATION DISTRICT a1i'i t!,'",f;l
alternative to standard residential lotting. t'
1
The Land Preservation District . • • ,_
The purpose of the LPD character that would be designed to reduce the
is to permit a reasonable lost under conventional perceived intensity of
amount of residential development. This is the development,to
development while done by locating the provide privacy and .
preserving open space, homes in small,com- neighborhood identity,
sensitive natural areas, pact neighborhoods in and to preserve natural
and rural community an open space setting, features or farmland.
4 re-a 'air 4fy ,
J ,) ^ -416-'
çTT- JNeighborhoods ) _ -
Key features y . _ - . _
of the LPD - '- _ car __ /' _
include: . •• =-' _ _ -=..- - ,.
CV Requirement for 75 _ - - - _ ___r.; '' _
percent open space _ -- .,-.:- — - _ - --
' Design criteria for ,., ,�..-, -- - - _ - - - - __-- ' � r-
neighborhoods a - <<.A., f4 ,n-;
-r 3�1. Cy.'.
�` w 75 percent - F - r lam' .,;,
ow Emphasis on 4 open space - .�- '� �t"` .
community open `�''4 - - - �.-',.�o�� ,,-,,,- --41. ,:
space goals _ ,, 4. �w '' '.,
qt K
Smaller lot size
2 3 r)
•
What happens to our rural 1 Permanent open space can be uo
created through the concept
open space . . . g •, p .: :
The typical one-to or woods of neighbor- properties are also of lot size reduction . • _,_ ,_._ . 4 _
two-acre lot in a ing properties. How- developed for home
conventional zoning ever,this is"bor- sites,the surroundings In the LPD the concept lot,in the LPD this tract,20 units would
district will seem rowed"open space, will be suburban in of lot size reduction is dwelling would be be allowed on 20
"rural"only as long as temporary in nature. character,and the used to create perma- restricted to a quarter- quarter-acre lots
it borders farm fields When those abutting feeling of"living in the nent open space. For acre lot and the re- (occupying a total of
country"will be lost. example,if under the maining one-and five acres),and the
The view of houses, regulations of a stan- three-quarter acres remaining 35 acres
driveways,and large dard residential dis- would become perma- would become perma-
Two-Acre Zoning private yards with trict,one dwelling is nent open space. nent open space to be
their fences,sheds,and allowed on a two-acre Thus,on a 40-acre enjoyed by all residents.
shrubs all change the
--- _ pe pe 1e°tly' LPD Development
II -
i - , • �. 13/4 acres .. 2-acre
' open space le lot
4
•"` •�<' • : ,t Views are to temporary, ;•• 1 ,
-' .T.�. • "borrowed"open space IV ..• 1/4-acre II1 r
0t : ..,:ii 1
rofyY. • t �' 4A...... Y �I.1` 1
Stf. '1.1'4,!,i1%%i dye ".�. -'1 0 •;14 .?' +,'N
,,fi ,��� •r . 7.� I� �
Y I l �1 v,.,, l
I____._,_1. __-• I .:4. . ,. . ,Views to borrowed V�, • • -. [' w
open space are lost to I �, • , _.l•i development I•!, •' ' ' ten,,,
LI—
a On a 40-acre tract,
• • •1. • . 20 1/4-acre lots benefit Views are to permanent open space•4 L•' • •J J. I• from 35 acres of /
5
permanent open space • •
Hasn't this concept been Quality of life.through
used before? design criteria . . •
Many municipalities These developments Furthermore,while
use the concept of lot have reduced lot sizes, these"cluster"dis- Neighborhood open space
size reduction in so- but not enough open tricts may succeed in Preserved woodland
called"cluster"dis- space to have a notice- protecting some ...
tricts in their zoning able impact(usually 25 sensitive natural areas,
ordinances. Yet, percent or less). The they contain inad- ,
development in many view from the road is of equate design scan
of these districts looks houses and driveways, dards governing how
and feels much like and most of the open the development and -' • 44. �`, - `'
conventional suburban space is often hidden on the open space should a ,' y � `
development. "leftover,"unusable land. be laid out. ,-'!.:'' ._
The LPD provides: k.,..•Common -. .
- ' open land :; ;--. •
' 75 percent open space located for maximum visibility '-`' . = _ '
. ` ,,__ _ . ,.. . • .
•v;.. "fat,c.'r pri
+}' r • t ,. TAIIINW ? '' A minimum of 75 percent open space is required.
' Typical lot size is 10,000 square feet,but this can be
�� - �. reduced to 6,000 square feet.
Neighborhoods must contain at least five, but no
more than 25 dwellings.
Ci Open space within the neighborhood is required
Design criteria for neighborhoods for groups of ten or more dwellings.
cv Setbacks are required between neighborhoods and
��� ���# " ; , from certain site elements such as roads,croplands,
t In ,,t• r,,� ,-j �1 r .. �' and floodplains.
7 tJ
"G
Community g oals for Neighborhood quality . . .a _,An LPD neighborhood should open space can be met . . •
g d be designed as a
unified whole in which all the elements work well The best method for open space plan. A A site analysis on a
together. Because the neighborhoods are corn-
establishing commu- community can set its particular tract will
pact,their scale is smaller and more intimate nity goals is through own goals as to which determine its natural
than the typical suburb,yet they still accommo i the community's features should be features and,corn-
date the automobile and give residents privacy. comprehensive plan or I protected. bined with compre-
The municipal zoning ordinance deals with the hensive planning
placement of homes,dimensions of yards,and 1 goals,will lead to
relationships to open space. The municipal , appropriate locations
subdivision and land development ordinance Site Analysis for dwelling units and
should contain standards for streetscape elements open space.
--street widths,sidewalks,curbs,street trees, -
driveways,and parking spaces--that are suited - Floodplain The LPD provides the
to the special characteristics of the LPD. 4 design flexibility
needed to locate uses
'
• ,I# on a site where they
r .O3 sa.
a ,x • I, x .
can best meet the
chosen community
?- .;,� .,:�. I Steep slopes goals.
., 3.,11 //���� Pasture -
iiii ;;Ipie . ..:_-,:...-.7:. , . .: i e
..._.P
Woods
1 .. �� -� Y. 1, Concept Plan.,. ,.... •,.. . ,_ :.,... . . , . .....
i ' L
.. 1.7...of• ie,--,,. \
`- 1 Neighborhoods
*/// limit' .- ,....,.Sr ' . , , - / ---::•••• .1IP : • '
r-
8 9
. .
On a particular site an one of several communi goals
any community
can be reached . . .
--.--: . ., Goal B
i ` _ . ,,� Farmland
I II - :fi Preservation
I
1Fasmiattel--
G - s Fields suitable for farming
■
. . . for example `\I _-
r \ are not built upon: homes 1
v \ \ \ _ 4 are located in the woodland.
—' . : ,■ 1 ;•Z :� i
\ 4 z. 1 i I
Om
•
Goal A a -
Woodland • . T'`. ,r .:
(lttais.
I r .Preservation - .1f_wS;,., �. Goal C - �� x>
Homes are located Nitta. ' •.<
Preservation of 1-"e , I- 7` '
in the open fields, r Scenic Views +
saving the woodland. ` '$ 0
"c Homes are located on the - '
y '*� � View. •�. ..
�,, ' 1' slopes below the ridge lines, a.
preserving long-distance • �' -
J P g -distance g
views over the rooftops. ;t o . •• • 'sz�{
, \•
in
10 11 C,,)
Abutting LPD develo
_ pm,
lants will provide greater
community benefits • • •
•,, , 4.. -. .,:•• •. The municipal
fit le.-i.. .-11.• _ •• „4,•..........z... .
Farmland •.-' •111 •,1 ..7..., ,-..Ai, ..,. ,
, •:'•-• open space network
...,- , ii,ock4,1„.?-4"4410r
can be •, . .....1 16" ' 1 '•'''.••-14: . . can be enlarged
preserved 50..refo -- ...,.,•1„,,,f,_....;,,,..4 , •,,...
■ - ....'7.-- -''C'''eL441 ."i'6;.: ti ''. '. .
,i.00011111111.111.
.*Abb, -.• ., .
•,. .
'..., • . ''i 1,40, A • •:: -, .....it. ,-.- ' *. 4,1: :• . :
.,4 --:: .. '!•1'.;1'1,1... ' ' ■•••••.. ' . ,,k-. !, k 1 r r, -<P' 4.s.1".. 4',-- :r ',-...;00 •- t' . • r
, ..,.. .. ., :. . . .. • • , V ..4 . .. .---, T''-,-%--1.'" , - ---' -
, - . , ..t. -.7, - - ,,,,r_ . ., ., .... ,.
if r . • .
Or ' C•-, , 4
' ..•*' • '. •• 410-' s•••••• c,,, -' • ' -1... ,• • • •. .'4: ""l, 4111( , • . . I
-..x.„.°- .1., - • • .. . • • , . • ,
' 4 .4 44 , -4 4:*-- . :".-. • • : . ' . ** - ;
.,.. . . ..
. ... . .:
5 ..
ii, J . . elliet,i.•-... ..7rzt;,,,• . .,. f'
sr"
Dwellings can be ..< ,,., .v. , •-
,1 , . \ k• • .
.:, t ../-4,-.., ..4. „I 4::)q- • 4,. lit A, ,.,. . :.- .
hidden from • "
.., - f 1%., L., .• ., ■Iiiiii-;,-.6,- ( ._,-- • ..- .
. .
.existing roads
•
•- .•—_
.••_,
..),..'- a•.....,...,-,4-,.. - - . .
,**4■■,%-,...., —
'A•:.,•.."..,t
-.'•..
.ffi.W.
v -•1.
.. . ' , 1
O ...
11•1 6. •
1.6.•
• • ,• , --...111VIII .vrzw__, w •
• * • 1
. . . ",‘'t • . - •
. . ...•• •••., • . • IP
•• .T:
. . .
• . . .
... .: ,...t _
•
Rural vistas
12 can be preserved
13, ,
How will the eb
open s ac
p p e managed? -
g
Many alternatives exist for the ownership and management of the open
space: it can be left in its natural state,farmed,or used in whole or in part
for park and recreation purposes.
No matter which management option is used,the open space is restricted by
permanent easement from any further development. 1 Estate Lots
A unique feature of the LPD is a provision that allows
",.... open space to be held on"estate lots"-- large,private
lots with a minimum size of 5 to 15 acres,depending on
Homeowners the size of the original tract. As with open space owned
Association �'+' •'s":; by the municipality,a conservation group,or an HOA,•
A homeowners association ;` - the open space is restricted by permanent easement from
(HOA)can be formed to own - 1 any further development.
and manage the open space. .
The association can use the land •''� .'
in many ways,as determined by �� •:,..
the residents,and may lease all =`• `�' �; • -
orpart of it for agriculture. The '� >' 5-acre (y, Dwellings on estate
open space need not be acces- e,. :6 •, estate r �' .• ,
� - lot s- '" `' + �' lots are counted
sible to the general public. ` r
.� }}- toward the maximum
��. s; ' density permitted on
1 acr p , i i
-�' ‘‘ buildable / ( the tract.
Municipal Ownership , --,-•r _:; 3 area
r i, �� % ".
nv No more than one
Another option is for the mu- (.. i I a I acre of the estate lot
nicipality to take title to all or �� I.-----1 may be used for a
part of the open space;this area _ ''"=:
P P P \ Total ' •• � "�-.,: home site and acces-
could be developed as part of a 75 r '•'-•:"'' ''. sory buildings. The
larger municipal open space and -;�\ percent ;i� -` �` remainder of the lot
park plan. In this case,the land open �'( may be used for•would be accessible to the space \. •' � agriculture or left in
general public. Private Conservation Group ;;:; ' its natural state.
•.
A private,nonprofit conservation group j Q � Public access to estate
(such as a watershed association,land i'• s lots may be permitted
trust,or conservancy)may also hold title j - 'I ?;
through trail easements
ts
to the open space and manage it to . • t• or other agreements,
achieve conservation goals. Public
but is not required.
access may or may not be permitted.
Neighborhood lots
W
14 15 ....)
What about sewage treaent? c...,
Most LPD developments will be located in rural areas,away from Individual Systems
public sewage treatment facilities. There are numerous other alterna-
tives for handling the collection,treatment,and disposal of sewage. __ The system most commonly used in con-
ventional,large-lot development is the
Many of these alternatives involve the use of a portion of the open individual septic tank or aerobic tank
•
space,as depicted below. The parts of the system that would be locat- a with a subsurface drain field or sand
ed on individual lots would be maintained by the individual home- ,' ; ; • I ,; • mound located on each lot. In the LPD,•
owner,while components that are shared would be the responsibility ��� individual septic or aerobic tanks could
t • also be located on the lot. The drain field
LLJ
of the homeowners association or the municipality. 3 or sand mound,however,would be lo-
cated in the common open space.
Subsurface Disposal... '' ,
Ina community system,either indi- }�. I I
vidual or community tanks could be ' How does the LPD fit: into a typical
used Disposal is accomplished w�'� _i',. °:t-? ' ' '.. zo awl 4" ' '
non
through the use of community drain ,'�. Wi "°"` "" " °"
fields or sand mounds,which can be R,. ^ •., !' The LPD would not areas are already zoned district that meets
incorporated in a landscaped berm N. `' replace all other resi- for one-or two-acre certain criteria. For
°` ri.�''� , .• • • 1k"" dential zoning dis- lots. The LPD simply example,the LPD might
located in the common open space. B P Y P tnigh
tricts;rather,it would uses this density in a apply to all parcels of at
work in conjunction different manner. least ten acres.
The Spray System... with them. The LPD
■a `• can either be applied If the LPD is applied as a Whether the LPD is
Another alternative is a centralized as a mapped district or mapped district,it applied as a mapped
�: lagoon system consisting primarily of as an overlay district to would replace one or or an overlay district,
r� '_ ,,Al several ponds equipped with aerators to ( those areas of the more selected existing we recommend that its
�" + •..-, facilitate biological treatment and municipality where zoning districts on the provisions be manda-
��at '•_ prevent odors. The ponds can easily be open space,rural zoning map. If the LPD tory,to ensure that the
�� % ' integrated into the landscaping scheme character,and envi- is applied as an overlay municipality's open
spar''%V ronmentai resources district,its requirements Fields'_� :, of the project. The treated effluent I eQ � tmentS space and environ-
would be sprayed in fields or woodlands ' are considered impor- would apply to any tract mental goals are met.
iiir. -. in the common open space. tant. Generally,such within the underlying
, I
16 17
W the LPP? s.i
(‘%, Community Goals ew Flexibility cw Design cw Open Space
Comprehensive planning The LPD creates the Design requirements At 75 percent of the tract,
goals for open space location flexibility to site the guide development enough open space is
and design can be met. homes in a way that best toward desired results. created to have a definite
preserves woods, farms, positive impact.
and rural views.
*a
viivilll....%1°.. 6'11 '........„::______--------- . 7: -7:%.---` ,.-.Lt,u. '' - , 6416:tiLtimipika-_. I ..:, . .... .. 7.'',- ''..-
4"'1111141k4ttc
10,4114, bh_' .- ,,''''''''.7-11.-1"-'.----.'_ Ale .
�4 • ► '" so---"-• `:, ..,e ' 4"."--
. w j
e '. _, :_a , ,t,1 —ic.,, .. ..-...i :..:....-. .. ' /X-411Ni■-\\L-_,::::::::;;,--. •,..„,.,..2„,.....
�. �, �, ��, •.� By Comparison . . .. \
", r ... No open space
o `'` •
i
s.ti
*eir J' Rigid lotting
�� - • `' .. . No design guidelines
•'1.!a luf', . .. ' . .. . Community goals are not•• • • • • identified or achieved
•• 's.,. • Rural character is lost
18 19 W
W
Growth Managem1tiotg( . rnery Ct : i
If there are any two There has also been a In 1990 the Montgom- and rural character, Montgomery County. concentrated on village
singular words that can rapid growth of busi- ery County Planning and provide for the 1 planning and the
best describe what has ness and industry, Commission embark- recreational needs of In the upcoming years concept of using
been happening in which is just as im- ed on a program to residents to a degree this commission will transfer of develop-
Montgomery County portant in terms of develop growth man- that is virtually im- continue to develop ment rights to pro-
and much of south- its impact on the agement tools to possible under con- new model ordinances mote growth where it
eastern Pennsylvania physical and econo- address this rapid and ventional suburban and development is wanted,while pre-
during the past few mic landscape of the often uncontrolled zoning. It is limited guidelines that will serving open land
decades,they would county. In 1950 the development. The to single-family, address some of the where needed.ow
have to be"growth" number of jobs locat- Land Preservation detached housing-- many problems of
and"change." Since ed in Montgomery District(LPD)is the the predominant I unmanaged growth.
1950 our county has County represented 9 first such tool. housing type in Current efforts are
seen a rate and amount percent of all the jobs
of growth and change in the Philadelphia re- The LPD is a zoning
that is unprecedented gion. By 1987 the district that addresses
in its history. number of jobs in the residential growth
county grew to a total only. It restricts nei- For additional information on the Land Preservation District, the
Our population has of over 493,000,which ther the amount(i.e.,
almost doubled during was 20 percent of all density)nor the timing following reports are available from:
the past four decades, the jobs in the region. of growth. It does Montgomery County Planning Commission
from about 353,000 in regulate the physical Courthouse, Norristown,Pennsylvania 19404
1950 to about 678,000 The impact of this location of growth by phone(215)278-3722
today. The number of continuing growth is guiding the location of
housing units has phenomenal. We esti- houses on a tract,thus Land Preservation District: Model Zoning Provisions
increased 175 percent mate that over 17,000 strongly influencing
during that same time acres(approximately the visual perception . '' Land Preservation District: Land Development Standards
period to almost 27 square miles or 6 of density. It will
266,000 today. Accord- percent of the county's enable communities N., Guidelines for Successful Homeowners Associations
ing to the 1990 census, land area)were devel- to protect valuable
we added over 33,000 oped during the last natural resources, N., Guidelines for Open Space Management in the LPD
units during the 1980s. ten years alone! preserve open land
N.. Sewage Treatment Alternatives for the LPD
20 • 21
ISSUE PAPER
DEFINITION&AMOUNT OF OPEN SPACE
Background
Two concerns are of particular importance to the issue of Open-Space Developments (OSD) in
Orange County.
• What defines open space within an open-space (rural cluster) development?Stated another way,
what types of uses should be permitted in areas designated permanent open space?
• Is 50% of the total tract an appropriate percentage of land to require as permanent open space
in an Open-Space Development?A related question is - 50% of what?Total site area? Buildable
area?
Rural Character Study Committee Recommendations
The Rural Character Study Committee considered the issue of open space during 1990-92. The
question of allowed uses within designated open space was one with which the Committee spent many
hours in deliberation. Issues of active recreation use,utility easements,and wastewater treatment fields
were debated over several meetings.The Committee eventually came to a compromise definition on these
issues.This definition can be found in the Committee report,Conceptual Guideline for Rural Orange(see
attachment).
In general, the Committee defined open space as natural, scenic or agricultural areas- Under
certain conditions or situations, however, other uses would be permitted in open space areas, including
entrance roads, historic and archaeological sites, wastewater nitrification fields, and open, vegetated
playfields and recreation sites-both public and private.
The Committee also spent a great deal of time on the issue of percentage of open space that should
be required for Open Space Developments.A number of draft development strategies were devised,and
arguments were presented in favor of higher open space percentages for resource protection-and lower
percentages for financial considerations. In the end, the Committee folded both arguments into a
compromise package. The Committee recommended that open space requirements be tied to density
bonuses for Open-Space Developments in a aiiding sole.The more open space protected,the greater the
density bonus.The Committee also recommended a range of open space requirements at 10%increments.
On the low end of the sole, an Open-Space Development with 20% open space could attain 0.8 lots per
gross acre. On the top end,an Open-Space Development with 70%open space would be allowed 1.3 lots
per acre.In this wady,the Committee attempted to provide for a wide range of options as an incentive to
pursue Open-Space Developments.
University Station Work Groun Efforts
In the spring of 1994, a work group of County and Town of Hillsborough officials was formed to
prepare a small area plan to resolve development issues on the proposed 852-acre University Station
development site Using a design studio approach, members of the work group attempted to design the
optimum project under each jurisdictions'goals.
Using the ideas of open space planner Randall Arendt,the work groups considered defining areas
to be protected or preserved by identifying "primary" and "secondary conservation areas-" There was
agreement on the types of areas within each to be protected in "primary conservation areae"; e.g.,
unbuildable area such as water bodies,steep slopes,alluvial soils,fioodplains,and wetlands. In terms of
"secondary conservation areas", there was less agreement.The Hillsborough team included historic sites,
a significant hardwood forest area, a golf course, and landscape buffers as part of its "secondary" area,
38
while the County team included a wildlife corridor,the same hardwood forest area,the same historic sites,
old farm fields and a viewshed (scenic vista).
A third plan was prepared, for purposes of comparison, based on the methodology advocated by
Randall Arendt.The"primary conservation areas"were the same as identified by both the Hillsborough
and County teams.In terms of"secondary"areas,the"Arendt Plan"preserved ant area of upland
pine and hardwood forest in lieu of viewshed areas,and included all golf course and grassy common areas
The percentage of open space required was the basis for the starting point of the work group,since
both jurisdictions had adopted different standards.The Hillsborough team worked on the premise that at
least 30%of the total site should be protected in open space,with a density of two units per acre on the
remainder of the site.The County team worked under the standard of at least 30%of the buildable area
of the site as open space, with a density of two units per buildable acre.The"Arendt Plan"was based on
the premise that after eliminating"primary conservation areas",at least 50%of the remaining"buildable"
area had to consist of"secondary conservation areas".Attachments are provided which summarize/illustrate
the Work Group's efforts Estimates of the amount of open space resulting from each option are as follows:
Hillsborough Team 33.5%
Orange County Team 42.2%
Arendt Method 65.9%
Deftnitions and Amounts of Open Spam Used in Other Areas
The two issues of open space uses and percentage are not exclusive to Orange County. These
questions have arisen in other counties around the nation. In his design guidebook for Sussex County,
Del aware, Randall Arendt argues for a standard of 50% of the buildable area of a site as open space,
although he has also recommended 40%of the buildable area in other locales Arendt also ells for a more
protective stance on secondary conservation areas(mature hardwoods,bluffs,natural sites,vistas).Chicago
Newcastle County, Delaware uses a formula to designate a percentage of designated "protection areas",
which can range from 50-100%depending on the assumed value of the area.Loudoun County,Virginia has
no percentage standard but requires certain types of area on site to be protected- similar to Arendt's
apps
Y-
Excerpt from Conceptual Guidelines for Rural Orange
Definition of "Open Space"
OPEN SPACE: Generally, open space is defined as natural areas,
scenic vistas or lands used for agricultural purposes, in
accordance with the goals of the Rural Character Study. However,
the quality of open space is very important. Further definition of
qualifying natural areas will be accomplished by a participative
implementation process (see Attachment 3) . This process will
involve citizen participation and review of the package by a number
of organizations and civic groups, before the draft ordinances are
presented to the Ordinance Review Committee plus representatives
from each group.
In this manner, assistance in defining quality natural
areas/wildlife habitat open space may be solicited from the
Triangle Land Conservancy and other similar organizations.
Assistance in defining qualifying scenic vistas may be solicited-
from the Transportation Advisory Subcommittee - currently working
on the Scenic ,Roads Study. Finally, assistance in defining quality
agricultural open space will be solicited from the Agricultural
Districts Advisory Board.
Additionally, the following uses are permitted in voluntary open
space:
1. New entrance roads bounded on one or both sides by open
space as defined herein, provided they do not extend
through portions of the site occupied by those features
identified in #2, #3, and V. Existing roads in site may
be utilized where no adverse impacts to features
identified above are created.
2. Sites identified in the Inventory of Natural Areas and
Wildlife Habitats, including wildlife corridors, and the
Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geologic Interest.
3. Structures and sites identified in the countywide
inventory of historic and archaeological sites.
4. Sites other than the above which are identified as
significant as part of a required Environmental
Assessment (EA) and/or Environmental Impact Statement
(EIS) .
5. Up to 50 percent of the area of nitrification fields for
community and/or individual ground absorption sewage
disposal systems, provided approval of such systems is
obtained from the Orange County Division of Environmental
Health or the North Carolina Division of Environmental
Management, whichever is applicable.
40
However, there are two means by which 100% of the field
may be counted as open space:
A) Where nitrification fields are designed in
accordance with environmentally-sensitive
development recommendations in the Rural Orange
Design Guidebook, provided the open space uses would
not be active recreational facilities, or
other uses deemed inappropriate as per state and
local health regulations.
B) Additionally, open space left entirely in its
natural state (where the natural state is not active
recreation) . Nitrification fields may not occupy
portions of the site identified in #2, #3, and V.
6. Agricultural and forestry activities which involve the
cultivation of soil for the production of crops,
including but not limited to fruits, vegetables, flowers,
and ornamental plants, the planting and production of
trees and timber; and the raising of livestock, for
individual and public use, consumption, and marketing.
Open water bodies may also be counted as open space
7. Active and passive public recreation sites identified in
the County's Master Recreation & Parks Plan, including
district and community parks owned by the County.
8. Private or other public recreational facilities such as
open vegetated fields for recreational activities such as
golf courses, driving ranges, baseball and soccer fields
may count partially in fulfilling open space
requirements. However, since many of these facilities may
not fully achieve the goals of this study, this type of
open space should count only as 50% of the required open
space set-aside. Furthermore, these types of open space
should comply with applicable design standards and
monitoring and maintenance requirements to be developed.
Further study is recommended on the subject of specific
criteria evaluating the quality of such open space.
Provision must be made for permanent protection of the open space
through:
a) Conservation as private property through platted ownership or
conservation easements.
b) Ownership by a Homeowner's Association as shown on the recorded
plat, including specific upkeep requirements as part of its bylaws
and restrictive covenants; or
c) Public dedication to Orange County or another unit of local
government, a: nonprofit conservation organization, or the State of
North Carolina.
41
PRIMARY CONSERVATION AREAS
Open Spade Acreage
Feature Hillsborough Orange County
Plan Plan Arendt Plan
Floodplain 91.4 Acres 91.4 Acres 91.4 Acres
Alluvial Soils Included in 71oodplain"
Farm Ponds 5.7 Acres 5.7 Acres 5.7 Acres
Water Bodies
Beaver Ponds Included in 71oodplain"
Steep Slopes [>25%] 54.8 Acres 54.8 Acres 54.8 Acres
Wetlands Included in"Floodplains"
Total Area 151.9 Acres 151.9 Acres 151.9 Acres
NOTE: Acreage in"Steep Slopes"reduced fibm 58.2 to 54.8 acres to exclude 1.4 acres incorrectly picked up beyond project
boundaries in original GIS plot.
42
4 �
Univers ity Station
Pnmary Conservation Areas
���� borough & County Plans)
•
N4 f 1�
1� %ft ft"w
aw
.W
am m 16
air POWW
&V
cmpw
s
i
s
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Eli
1
LEGEND
UP Wader Bodes 5.7 Acres
ounce courrr,r steep slopes 54.8 Acres
PL.Ar NDIO DIM (((� F6*la n 91.4 Acres
44
SECONDARY CONSERVATION AREAS
Open Space Acreage
Feature Hillsborough Orange County
Plan Plan Arendt Plan
�.':.'K x�x'�;:{v{:•ir{:: :fi:::::•::$'i i':ir }j`T:$IX$fiT}.ii"•{i
��p ::w,.,;,\ky'xY'.:;`,':{.{••}••?::•.•:;�.}. {:{:$?:�{;$$;`$ "i;Ey`: °•T}a:x::•x:}QT�,t,}s$..r..:;k.;:v� 'i�7c••f:}
i iiiiiCr .Y$v4': .'v:•v.Yi:vLq }..}.. ;}{..•.:.:{::v:. .J�','+i"�,�yv�,,y
$•: v::i•::$.: +•\ v,$:::•`.`•x...{:.{T..;}:•:•}}fir.',+.i: • <:k•}•: .}?,.:::T•.ti,LT•.�:J.xry•: Y.v.
:.:.,(.,J, .%:'.vi:�' Ti.i•}$: :i,�{N x$�'?:. r.::$v..J::f{}i^+• ..^.v y '{:ii'':.
�;, •• -0"•!';'•k '•:ti}�ri,:•titi i:+>C:$Ykx} Y?•r•.;.;:. f'• ":+T :
Farmland State&Local ;'k{:? .. .,, )s{Y$... 2}}4..}.:xsx; .;..}r:$$:%G s*t i'.:},.:k x y •? x$ t�i�uv
'}.$:�{::$} ::•:.•::. ti.{i;:$.ni}tiv.;il•:i::.. } ♦.r~•'.�,+�'�`7'.:.i•'i'.•:x:'' •\•{�••.,•:•... :''•'4�: }•�:${
...,:.,.::...::::::.:..,.:::::....:::.Y:.>}:.......::.. :.�.�:::::.:.,{{{:.;:{":}:.::.::.,.,i:i.::.i}..T:.;.{•.�•: <. ::v: .}•:.{:::.:
: ,'•:},y,.;+ :?.::�;:{$• :'•'ix:•<^::•{x$» ,:$$$:•::•:•}•:r,}:::x: WIN y'{}:;'.i..:•'J:<2k}•.::•::7
,;.;T:t:-$Tx: �''a3::'•"?,x/C4'Y�e.v'•.:.�;: yv :;^•.:}..} C.: : ':a.. .•}••'.; �'{S�' `x
( ��. ...:v`v',u};:'.{::••;•{::::}:: :'•k�•r r.;:J:::.:.:'% {:.?.:.... .n•:$:.xT:,`XJ�•.,.1 '; {,i+.'.;r.ti,T:4'�•`.:::$},$s'i:''
�'w"'� ..r:..{...:.::••::.:•.,'.at.r:...::.••:.: 'T.u:.;}.xto?•T:.:+{,>it;{'.'•+f..{•T.:+.: 'ky,f):"'•"•`.:••.,{+.;•:??;•'•+.rr
•.$M. .'�,:.v. i? :::}" .,•'{`i:;`.'.� is y..v.?$$<}'.t::
' ::$"s :.i.. {..:::as „zs wc<.,<i.''``;>: x}>;$t${., .i+ r :: r:.•z Y•T:::::•::...•.
Beaver POIIdB ?::;$$:>:>:..�i�•>${ •:$'{.{3$?:;$:{:`x,:{:x}:; . ,:•.• •;.. {i5,x :a J
Natural Areas Bottomland
Hardwood 63.3 Acres 20.0 Acres/1 20.0 Acres/1
Beech Bluffs 32.8 Acres 19.5 Acres/1 19.5 Acres/1
Wildlife Corridor >„ {:vY{ J,'.f:$:i+ 130.5 Acres 130.5 Acres
Y..r..Y•Y;}� .. !.{.�::'+,4,:,v,T:":4:vv'vv:•'•i;, .,nw[:
Upland Hardwood
<;ry. . .}:}::}....:;.:#< .: 136.1 Acres/8
Upland Pine i;:<x>xx{:;.:
:::{.$aa:}v/i:k ;.:4;ca.;;•;..:.}•::•.v'{} w:.;;::..}}::•:::;:'T'.aJ,t: � :{i�•}; Yf`'sY:'.2' �C{}$.• .}:.TT•:.::
Y, .L::'r'i•.•:•:.v ;.xtiry. .;:})':'iti:: ...'{{.' v}N`.{.�6;•. t"J...,�/: {• ..L JI.::i:.:.
ii::.}v •:4.• ivN,.,f;:}':ry}...'::::.:' ".::{ri.. .;:;+i$C;y. v .{>.:::. ` V y/.•}
Early Pine
:::.; '.sue.;:.. ::{.T.xi[{.:...•i::x?;$::.
Vegetation ...i••::�:<::..:::........................ :::.}::::::.:.::.::::::.: .:.
Old Field • .;;; "..' }:.:«:;.$
:1 X.; �,., '"�"''�:::.:•:.::...: 89.8 Acres
':•{::/:+{. "t :.:' ti: Tx}:.ti:: :y '4$:?yC:{:.xi::,•' T:Wv..:.;i• :•xYry:.'}}•
•}.iri :'{':i}.v:$::..'........ .n'v v:.`.i:::: {..::{•}:•::{.}n.:..:.n •:
qv$}$::}•};•TT}::;i
Old Past \${..1... •?•r , ..1.. •Tk{:i:4} ..nf} '. nYvl{' 'J: '"$:�:F:•:•:'t{:\•}:ti:;:;•.,
Dairy Farm 2.0 Acres 5.0 Acres 5.0 Acres
Strayhorn Cemetery 2.0 Acres 5.0 Acres 5.0 Acres
Historic & Boyd House 2.0 Acres 5.0 Acres 5.0 Acres
Archaeological Craig Manor Ruins 2.0 Acres 5.0 Acres 5.0 Acres
Sites
Mac House 2.0 Acres 3.4 Acres 3.4 Acres
Steep Slopes [15% ::<' }
••• vri}..•.
Nvn.}I.,.%...:.. .•.L,•:::;v is y:. r �: �,4w$} YJJ:v.,:. :.$},0:. .}:'•?'4:;%4}T.i}:>:..}::}i'
p -v:
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{nv
93.5 Acres/6 /
Golf Course/Recreation ..,��5`y'{f�,�"t�i �..>�n :��: ��:�;»>r 1�.0 Acres 4
Viewshed :A n• i.. �Ti:}$it•'}Yk;.vpxK Fh;.S
y <i{$:44]]vw::''• {.- •Fr Acres/2 25.9 tAl
:�'"•::• �:.` >a t.$<:> <x.:.::: 28.5
ri:,$y'.f$ri, :':j:.:. ...:.k.:...} i+C•.{.{}j';;'.}•:.T'•f:T:•}::T^_ Q� •J} C ;: ,, v;. ..}.x•T v$;{ vLan Buffers 1$1:fvi W.,..'•:f xi i:•T:I•T6 wy T: {\::•:49.2 s,, /3 $. >{:s: .;.,�,,: $4.: •�c�/ ;•.3fi • • ta hi^xrx:ti�;ov::: :: '•:`9:;:Total Area 248.8 Acres 308.7 Acres 523.4
NOTES: 1/Includes area outside other Secondary Conservation features.
2/Includes area along east side of New Hope Church Road and south side of Old N.C. 10.
3/Includes area outside other Secondary Conservation features.
41 Includes all 155 acres of golf course and 13 acres in grassy commons.
5/Includes only 50% of golf course.
6/ Shown on plot as"Forest Land" and is comprised predominantly of upland hardwood forest.
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48
SUDBURY OF OPEN SPACE AND DEVELOPMENT CHARACTERISTICS `
FOR UNIVERSITY STATION SITE
Plan Categmy Hillsborough Plan Orange County Plan Arendt Plan
OPEN SPACE CHARACTERISTICS
Primary Conservation Area
151.9 Acres 151.9 Acres 151.9 Acres
Secondary Conservation
Area 133.3 Acres 209.0 Acres 408.1 Acres
Total Open Space Area 285.2 Acres 360.9 Acres 560.0 Acres
Open Space as % of Total
Project Area 33.5% 42.4%
DEVELOPMENT CHARACTERISTICS
Total Project Area (acres) 850.0 850.0 850.0
Lees: Rights-of-Way (Acres) 24.0 24.0 24.0
Net Project Area (Acres) 826.0 826.0 826.0
Primary
Conservation 151.9 151.9 151.9
Area Space
(Acres) secondary►
Conservation 133.3 209.0 408.1
Area
Total Area 285.2 360.9 560.0
Buildable Area (Acres)
[for density calculation] 540.8 465.1 674.1
Development Area(Acres)
[for building purposes) 540.8 465.1 266.0
Density Standard
(Units/Acra) 2.00 2.00 1.83
Allowable Units 1,082 930 464
Total Project
Density Area 1.27 1.09 0.54
(Units/Acre)
Development
Area 2.00 2.00 1.74
Average Lot Size (SgFt) 21,739 21,785 24,972
University Station 49
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ORANGE COUNTY
PLANNING DEIST
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PLANNING DEPT Secondary Camsavadw Areas
abc 2M 408.1 Acme
52
1.•'
ISSUE PAPER
ALLOWING DENSITY BONUSES FOR OPEN-SPACE DEVELOPMENTS
Background
The Rural Character Study Committee has recommended the use of Open-Space Developments
as a means to protect the County'e natural, agricultural, and visual resources. The Committee has also
recommended incentives for property ownere/developers who choose to protect open space within their
development projects. The primary incentive recommended is a density bonus. However, some citizens
have argued that density bonuses are not necessary for Open-Space Developments. They argue that the
natural tract"yield"should be the density of development allowed,and that there are incentives inherent
with the Open-Space Development style(design and service efficiency,lower infrastructure costa,etc.)that
make density bonuses unnecessary.
The Caen for Density Bonuses
Because Open-Space Developments represent something new and different for many developers
of conventional subdivisions, proponents of density bonuses argue that incentives are needed to open the
door and make developers and financial institutions willing to change from the old style.
The Rural Character Study Committee density bonus is part of a sliding scale,where the greater
the open space preserved, the greater the density bonus. The bonus is coupled with a proposed
"disincentive"for conventional subdivision development-an increase in the minimum required lot size for
conventional development from one acre to two acres.Property owners/developers who opt for Open-Space
Developments can"regain" or even exceed the maximum one-acre density, depending on the amount of
open space protected. Beginning at a starting point of 20%open space and 0.8 lots per acre, developers
would realize a density bonus of 0.1 lots per gross acre for every additional 10%of open space protected.
At 40`b open space, the development density would equal the one-acre lot maximum density. The scale
stops at 70% open space, which allows 1.3 lots per gross acre in the development.
Studies to date have indicated that density bonuses must be of a substantial lot yield in order to
generate response from the development community.Bonuses in the range of 10-15%in some jurisdictions
have not generated use of this development style.
The Case Against Density Bonuses
Opponents of density bonuses base their case on three factors: (1) that the natural carrying
capacity of the tract should not be altered; (2) that there are ample incentives for Open-Space
Development use without duty bonuses;and(3) that the needed bonus is so great that it turns rural
projects into p mpets with urban scale.
The Srst factor relates to the "yield plea". This concept ties project density to the site's natural
capacity. A conventional subdivision design is done to generate the number of lots that could be created
and served with adequate sewage disposal sites. That number then becomes the density for the Open.
Space Development design.This means that tracts with severe environmental constraints will have a lower
density than tracts with few constraints.
Open Space Development design, by its very nature, produces compact form. Roads are shorter,
utility line expansion less necessary, and previously unusable corners of the tract are buildable. Service
provision is also thus more efficient,covering more houses in less time or distance. Opponents of density
bonuses assert that these incentives,once realized by the development community,will produce the desired
increase in Open-Space Development style.
54
e
Finally,an argument sometimes advanced relates to the amount of density bonus needed to make
a switch to Open-Space Development financially feasible.Although there is no density bonus threshold that
is wideiraccepted,bonuses on the order of 30-100%may be needed to accomplish the goal of encouraging
more developments of this style.Development projects with more than one unit per acre overall represent
an increase in the number of lots that could be currently created.
Ezveriences in Other Counties
Counties like Loudoun County,Virginia and Clallam County,Washington have seen significant use
of Open-Space Development styles in their counties since adoption of standards.However,in both counties
the starting base density was considerably lower than Orange County.In Loudoun County,the basic rural
zoning requires three acres per lot. In Clallam County, base rural zoning is one unit per lb acres. Thus,
a significant amount of density bonus was available to offer without approaching urban densities.In other
locales like Concord, Massachusetts, open-space design has been little used, perhaps because of a low
density bonus.