HomeMy WebLinkAboutAgenda - 11-20-2006-c5I *
ORANGE COUNTY
BOARD • COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
I Meeting D. November 20, 200•
Action Agenda
Item No. C - 5-
SUBJECT: Proposed Conservation Cluster Subdivision Perimeter Buffer Text
Amendments
DEPARTMENT: Planning and Inspections
ATTACHMENT(S.):
1. Proposed Ordinance with strike and
delete highlights
.2. Comparison of existing & proposed
regulations map
PUBLIC HEARING: (Y/N) Yes
INFORMATION CONTACT:
Name Phone Number
Craig Benedict, Director 245-2592
Robert P Davis, Planner 111 245-2580
Jennifer Leaf, Planner 1 245-2603
PURPOSE: To hear staff presentation and public comments on proposed subdivision text
amendments to Section IV-13-10 D.2 of the Subdivision Regulations.
BACKGROUND: The stated purpose of Flexible Development is to preserve agricultural and
forestry lands, natural and cultural features, and rural community character that might be lost
through conventional development approaches (Section IV-13-10 Sub Regs.). Of the three
options available within Flexible Development (Estate Lot, Conservation-Cluster, and Village)
the Conservation-Cluster has been the option of choice in the majority of applications. A unique
requirement of the Conservation-Cluster option is a *mandatory 100 -foot building setback from
the subdivision perimeter. The original intent of this 100 -foot setback was to lessen the impact
of higher density clusters of housing on the surrounding, lower density [generagy] dwellings. In
rural areas without public sewer this has not been a problem due to the minimum 40,000 square
foot lots in the AR and R1 zoning districts (2 acres in Rural Buffer). However, the 100-foot
setback has presented design challenges in smaller acreage sub * divisions and also on
irregularly shaped tracts. Additionally, there are no planting requirements for the 100-foot
building setback, except in cases along public right-of-ways.
The 100' building setback requirement in the conservation-cluster option hinders good, compact
design in the Transition Areas (I.e. Urban Designated Areas on the Growth Management
System map with public water/public sewer potential now or in the future). Where public sewer
is provided as a part of the development, the lot sizes may be reduced by 65% of the minimum
lot size (from 40,000 sq. ft to 14,000 sq. ft). In these transition areas, higher density housing is
anticipated and the 100-foot building setback heavily impacts the 'buildable' area of a proposed
subdivision, especially if the tract is small to begin with. Another complication is that the 100 -
foot structure setback may be 'in-lot' where the 33% open space criteria have been met
elsewhere on the site.
2
REQUEST: Staff proposes an amendment to the mandatory 100-foot building setback
requirement and to allow a more flexible perimeter buffer with landscape planting.
The proposed amendments would accomplish the following:
Allow flexibility for perimeter buffers in Rural Designated Areas and Urban/Transition
areas as per the Land Use Element and Map and per the Growth Management System
Map. Staff's proposal is to require the subdivision perimeter buffer be a minimum 60 feet
in Rural Designated Areas, and a minimum of 40 feet in Urban/Transition Designated
Areas. Roadside buffers will remain at 100 feet in the Rural Areas, but may reduced to
50 feet minimum in the Transition Areas. All buffers will be in-common ownership.
2. Establish planting standards to compensate for the 'reduced setback width. Current
regulations do not require the building setback buffers to.be vegetated. Staff proposes
that subdivisions in Rural Designated Areas have perimeter buffers planted or preserved
to a Type A standard and that subdivisions in the Urban/Transition Designated Areas
have perimeter buffers preserved or planted to a Type B standard. Planting standards
within roadside buffers will remain the same as the regulations state now.
3. Ensure that all buffers are in-common open space and are administered in -accordance
with Section IV-13-10 C.S. T_ his will ensure that individual lot owners do not compromise
the perimeter buffers.
4. Small sized and irregularly shaped tracts will be able to better design their projects.
5. Rural character will still be preserved in the Rural Designated Areas with the proposed
buffer widths because a perimeter-planting standard will be required, where currently
there is no planting requirement.
6. Subdivisions in urban/transition areas will have a more urban Type B perimeter-planting
. requirement around the subdivision, where currently there is no planting requirement.,
FINANCIAL IMPACT: No County financial impact at this time with human resources being
used from existing departmental staff.
RECOMMENDATION: Administration recommends that the proposed text amendments
be referred to the Planning Board for a recommendation to be
returned to the County Board of Commissioners no sooner than
February 6, 2007.
2.006 Pith! it; 1h%ri(igqVov 210 Clw;tcl-,Voa I. I )OC'
Ordinance to Public Hearing
November 20, 2006
Bold = New Text
Strikethreugh = Deleted Text
An Ordinance Amending the Subdivision
. Regulations of Orange County
Be it ordained by the Board of Commissioners of Orange County, North Carolina, that
the Subdivision Regulations are hereby amended as follows:
Flexible Development
Section IV -B -10 D.2 (Page 65-d) Conservation Cluster Option (twelfth paragraph)
Section 1: Amend Section D.2 of the Subdivision Regulations to read as follows:
D.2 Conservation-Cluster Option
3
A conservation-cluster subdivision is one in which building lots are grouped together
through a transfer of allowable density within the subdivided tract provided the transfer
of density within the subdivision does not increase the average density in any overlay
zoning district. In a conservation-cluster subdivision designed with density transfer, lots
smaller than the minimum lot size permitted in the zoning district are allowed provided
such lots and subdivisions are developed in accordance with the following standards:
Land saved through lot size reductions shall consist of designated Primary and/or
Secondary Conservation Areas.
The total amount of land set aside as Primary and Secondary Conservation Areas
shall equal the sum of all reductions in minimum lot area and shall comprise at least
thirty-three percent (33%) of the total land area in the subdivision.
• Both Primary and Secondary Conservation Areas shall be placed in undivided open
space presep�es whiGh adjein housing areas that have beeR designed
GGFnpaGtly tO Greate !aFger Gensen.ratiman units, that may be enjoyed by all residents of
the subdivision and, if possible, enjoyed visually by the general public. Such
undivided open space shall be accessible to the largest number of lots wit ' hin the
development. To achieve this, the majority of house lots should abut undivided open
space to provide residents with direct views and access. Safe and convenient
pedestrian access to the open space from all adjoining house lots shall also be
provided, except in the case of farmland or other natural or cultural resource areas
vulnerable to human disturbance. The design must meet Section F Evaluation
Criteria, which sets forth conservation area design characteristics.
Where undivided open space is designated as separate non - contiguous parcels, no
parcel shall consist of less than three (3) acres in area, nor have a length-to-width
ratio in excess of 4:1, except such areas that are specifically designed for
Ordinance to Public Hearing 4
November 20, 2006
neighborhood commons or greens; playfields; buffers adjacent to wetlands,
watercourses, and rural roads; wildlife corridors; or trail links.
Each lot must contain a 'buildable' area of sufficient size to accommodate a single-
family detached dwelling and customary accessory uses, including, but not limited
to, storage buildings and garages, patios and decks, lawns, driveways, septic
systems including repair areas and well sites. A septic system -and/or well site may
be located in a sSecondary GConservation Gpe-n space aArea provided it does not
occupy more than one quarter of the sSecondaryqConservation aArea. No septic
system, repair area and /or well shall can be located in the parimary GConservation
aArea. (Amended 10119199)
Provided the arrangement, design, and shape of cluster lots is such that lots provide
satisfactory and desirable sites for building, and contribute to the preservation of
designated Primary and/or Secondary Conservation Areas, minimum lot area, lot
width, and setback requirements as specified in Article 4.1.2 of the Orange County
Zoning Ordinance may be reduced as set forth below.
o Minimum lot area requirements may be reduced by sixty-five percent (65%) of
the minimum lot size permitted by the zoning district including any overlay district
requirements; however, minimum lot area may not be smaller than 40,000
square feet within a watershed protection overlay district where lots are served
by individual septic systems.
o Minimum lot width requirements maybe reduced to 100 feet in the AR and R1
Districts. Minimum lot width requirements may be reduced by 30% in all other
zoning districts.
o Minimum front, rear, and side setback requirements may be reduced by twenty-
five percent (25%) but shall be no less than ten (10) feet.
o Minimum lot frontage requirements may be reduced to twenty (20) feet for lots
fronting on cul-de-sacs and "T" turnarounds.
[]Mini . ig between building envelopes and the subdivisien beundary or off-
site publiG s-tFeet right--of way shall be 100 feet and may be GGunted as open
Conservation-cluster subdivisions shall provide a minimum perimeter buffer,
as set forth below, between the proposed lot property lines and the
subdivision boundary. Buffers shall be in common ownership and
administered in accordance with Section IV-13-110 C.5. This perimeter buffer
may be credited toward minimum open space requirements provided all other
open space requirements have been met. The Planning and Inspections
Department shall determine the adequacy of existing vegetation towards
meeting the required planting standards.
Ordinance to Public Hearing
November 20, 2006
o Subdivisions located within Rural Designated Areas as per the .
Growth Management System Map shall provide a minimum 60 -foot
buffer between the building lots and the perimeter of the subdivision.
The buffer shall be preserved or vegetated to the Type A standards
as found in Section IV- 13-8 -e. If the buffer is un- vegetated, plantings
equivalent to a Type A buffer shall be installed or a letter of credit
posted to ensure plantings are installed at the appropriate time of the
year. A 100 -foot roadside buffer along off -site public street right -of-
ways shall be preserved or vegetated per Section IV -13-8 -e of the
Subdivision Regulations.
o Subdivisions within Urban Designated Areas per the Growth
Management System Map and also defined as Transition per the
Land Use Plan Categories of the Land Use Element and Map shall
provide a minimum 40 -foot buffer between the building lots and the
perimeter of the subdivision. The buffer shall be preserved or
vegetated to Type B standards as found in Section IV- 13-8 -e. If the
buffer is un- vegetated, plantings equivalent to a Type B buffer shall
be installed or a letter of credit posted to ensure plantings are
installed at the appropriate time of the year. .A minimum 50 -foot
roadside buffer along off -site public street right -of -ways shall be
preserved or vegetated per Section IV -13-8 -e of the Subdivision
Regulations.
® Conservation- cluster subdivision road(s) shall be designed to provide internal
access to all lots in the subdivision. Private driveways shall access existing state
maintained roads only via subdivision roads providing internal access to lots in the
subdivision.
Cluster lots shall be restricted against further subdivision through deed restrictions
and /or permanent conservation easements. Primary and Secondary Conservation
Areas shall be dedicated to Orange County, another unit of local government, the
State of North Carolina, a private non - profit land trust cep or a
homeowners association.
Section 2: That this ordinance shall be placed in the file of published ordinances.
Section 3: That this ordinance shall be effective from its date of adoption.
NOW THEREFORE BE IT ORDAINED by the Orange County Board of Commissioners
that this ordinance entitled "An Ordinance Amending the Subdivision Regulations of
Orange County" be adopted.
Ordinance to Public Hearing
November 20, 2006
Upon motion of Commissioner seconded by Commissioner
the foregoing ordinance was adopted this the day of
2007.
M
1, Donna S. Baker, Clerk to the Board of Commissioners for the County of
I
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on 200 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded, in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of
2007.
Clerk to the Board of Commissioners
SEAL
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