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Home My WebLink AboutAgenda - 11-30-94 - C-1 (a) 05 ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 30, 1994 Action Agenda Item # ) SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT Article 6.23 - Watershed Protection Overlay Districts (subdividing two or more lots of record in University Lake Watershed) DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT(S): INFORMATION CONTACT: Citizen Request for Amendment Mary Willis Proposed amendment Extension 2583 TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill-967-9251 PURPOSE: To receive citizen comment on a proposed amendment to the Zoning Ordinance to allow the transfer of dwelling units across common boundaries of adjoining lots of record for cluster subdivisions within the University Lake Watershed. BACKGROUND: Article 6.23.2 of the Zoning Ordinance regulates the maximum residential densities allowed in Orange County's 13 protected watershed overlay districts. The following requirement pertains to residential density in the University Lake Watershed, including its Critical Area: "Up to five lots at least two acres in size can be created from a lot of record as of October 3, 1989. Thereafter, each lot shall contain at least five acres, and the density shall not exceed one (1) dwelling unit per five acres." Under current regulations, all of the lots which could be created from a lot of record would be contained within the exact lot boundary in existence on October 3, 1989. This requirement limits design flexibility in cases where a subdivision consists of two or more adjacent lots of record. The proposed amendment was initiated by a citizen after inquiring into possibilities for creating a cluster subdivision on two existing lots in the University Lake Watershed. RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's Recommendation. 06 ZONING OFFICER RECOMMENDATION Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendment. ADMINISTRATION RECOMMENDATION The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 17, 1995. PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 6.23 - Watershed Protection Overlay Districts (subdividing two or more lots of record in University Lake Watershed) ORIGIN OF AMENDMENT: Staff Planning Board BOCC x Public Other: STAFF PRIORITY RECOMMENDATION: _x High Middle Low PUBLIC HEARING DATE: November 30, 1994 PURPOSE OF AMENDMENT: To consider a proposed amendment to the Zoning Ordinance to allow the transfer of dwelling units across common boundaries of adjoining lots of record for cluster subdivisions within the University Lake Watershed. IMPACTS/ISSUES: Article 6.23.2 of the Zoning Ordinance regulates the maximum residential densities allowed in Orange County's 13 protected watershed overlay districts. The following requirement pertains to residential density in the University Lake Watershed, including its Critical Area: "Up to five lots at least two acres in size can be created from a lot of record as of October 3, 1989. Thereafter, each lot shall contain at least five acres, and the density shall not exceed one (1) dwelling unit per five acres." Under current regulations, all of the lots which could be created from a lot of record must be contained within the lot boundary in existence on October 3, 1989. This requirement can limit design flexibility in cases where a subdivision consists of two or more adjacent lots of record. The proposed amendment was initiated by a citizen after inquiring into possibilities for creating a cluster subdivision on two existing adjoining lots in the University Lake Watershed. Two separate subdivisions could be created, each of which would contain five two-acre lots with the remaining lots averaging five acres. A single unified subdivision containing the same number of lots, with ten of them containing two acres, could not be created if any more than five of the two-acre lots was to be located on one of the original parcels. Correspondence from the applicant is attached. Below is the proposed amendment as recommended by the Planning Staff. The text of the amendment as submitted by the applicant has been modified for clarity. Ob EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 6.23.2 RESIDENTIAL DENSITY Maximum residential density shall be as indicated in the Table below, or as required by the underlying zoning district, whichever is less. DISTRICT MAXIMUM DENSITY UNIV-CA _ _ ._ - - . .. . -• - . • UNIV-PW :.r. dwelling unit (du) per fivc ucrcc. 1 du/five acres. Lots of record existing on October 2, 1989 may contain up to, but no more than, five lots with a density of one du/two acres. Contiguous lots of record existing on October 2, 1989 may be combined into one parcel for development. The number of two-acre lots and the total number of lots in the combined parcel cannot exceed the sum of the number of two-acre lots and the total number of lots which could be created from each lot of record. CANE-CA CANE-PW 1 du/2 acres U-ENO-CA LITTLE-PW HYCO-PW 1 du/ 40,000 square feet (.92 acre) FLAT-PW U-ENO-PW Maximum density is as permitted in the underlying zoning district. L-ENO-PW HAW-PW Structural BMPs are required in some cases where density exceeds 1 dwelling unit per acre. JORDAN-PW Refer to Article 6.23.3c1. BACK-PW ********************************** ORDINANCE REVIEW SUBCOMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: • - ' e.r.s., inc. • . 03•• • .I • ' • ,-.lei 4--,!'..-'-c ' , '--- , . , . . . - • . . 4E411\\,‘. . . . • October • 11 , 1994 ' . ' , • ' Mary W,i•llis , Planner 3 Orange County Planning Staff Hillsborough, NC ' . • . . . RE : Amendment Water Shed Protection Overlay . Districts , Article 6:. 23 • . •• • . Dear Mary: ' • . . Please receive this request to amend Article. 6 . 2.3 of the Orange County Zoning: Ordinance to clarify and allow adjacent • . lots of record prior to October 2 , 1989 to transfer lot quantities . and size' .across• common boundaries. This will • fu.lf i 1'1 the. intent • of Article 6 . 23 . 9 , Clustering,. and allow • designers th.e .•flexibil.ity needed to preserve open space and . reduce the impact ' of unnecessary .impervious surfaces created . . by .long roads and. drives. : • . ; The .-amendment clarification could be added to Article - • 6. 2.3. 2 , Residential: Density, and placed after the' second . s.entence'• ended; ."maximum density" • . , . . Thank you for your attention ,to this, matter. Please get back to me for any necessary revisions or, suggestions'you . , • might have. - . . , , . Sincere , _ • if . Jo n D. Hartley ' , - • Suite 205 • 125 Kingston Drive • Chapel"Hill, NC 27514 . Ofc. 919.942:0077 0 FAX. 919.942:0015 • ' . ' John D, Hartley, President/Architect• General Contractors NC License#10362 •Design and Construction of Residential and Light Commercial • 10 SUBMITTED BY JOHN HARTLEY 6.23.2 RESIDENTIAL DENSITY Maximum residential density shall be as indicated in the Table below, or as required by the underlying zoning district, whichever is less. DISTRICT 1 MAXIMUM DENSITY UNIV-CA Up to five lots at least two acres in size can be created from a lot of record as UNIV-PW of October 2, 1989. Thereafter, each lot shall contain at least five acres, and the density shall not exceegl one dwelling unit (du) per five acres. However, if Clustering (Article 6.23.9), adjoining parcels of record as of October 2, 19b9 may transfer du's across common boundaries as long as the combined total of du's do not exceed the sum of the total du's allowed on each parcel. CANE-CA CANE-PW 1 du/ 2 acres U-ENO-CA LITTLE-PW HYCO-PW 1 du/ 40,000 square feet (.92 acre) FLAT-PW U-ENO-PW L-ENO-PW Maximum density is as permitted in the underlying zoning district. HAWW Structural BMPs are required in some cases where density exceeds 1 dwelling JORDAN-PW BACK-PW unit per acre. Refer to Article 6.23.3c1.