HomeMy WebLinkAboutAgenda - 05-27-2003-c2bORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS ~ ~ ~
PUBLIC HEARING AND PLANNING BOARD
AGENDA ITEM ABSTRACT
Meeting Date: May 27, 2003
Action Agenda
Item No. G ~,
SUBJECT: Amendment to Open Space Standards for Flexible Development Subdivisions
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
Proposed Amendments to the Orange County
Subdivision Regulations
PUBLIC HEARING: (Y/N) YES
INFORMATION CONTACT:
Craig Benedict, Director, ext. 2592
David Lentzner, Planner II, ext. 2611
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To receive a staff report and public comments on proposed Amendments to Open
Space Standards in Subdivisions following the Flexible Development option.
BACKGROUND: Flexible Development, Section IV-B-10 of the Subdivision Regulations, was
adopted on July 1, 1996. Section C of the code requires that Flexible Subdivisions set aside at
least 33% of the total land area as protected open space. The open space standards apply
required compositional elements for Primary and Secondary Conservation Areas (open space
designations), and some guidelines for open space shape design in Sections D and F.
Open space design is believed to be an important component of rural character in county
subdivisions. The preservation of rural character through open space comes from defining
functionality in open space uses, and preventing the creation of urban-styled open space, which
may lack conservation values and remove a rural sense of space. In particular, concern has been
raised that a lack of a requirement for contiguous access to open space in Flexible Subdivisions
has compromised the goals of the open space regulation, because it allows for the creation of
urban or suburban `sprawl' development patterns with numerous adjacent lots that have no open
areas between them.
The proposed amendment would define open space in more detail. Significantly, it would require
direct access to open space for 75% of subdivision parcels and require the remainder to be within
300 feet of open space (except where more than half of the site open space was Primary
Conservation Area, in which case 50% of parcels would be required to have direct access and the
remainder would have to be 600 feet from open space). It is anticipated that the use of 50-foot
wide pedestrian paths would be the easiest way to satisfy the requirement without causing a
significant loss of buildable subdivision lots. However, the regulation would probably require, in
most cases, that site plans pay considerable attention to open space planning to maximize the
proximity of lots to open space areas. Primary Conservation Areas would be intended to be
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accessible by the general public and Secondary Conservation Areas would be required to be
accessible by, at least, subdivision residents. Additional language would require connectivity of on-
site open spaces to each other (again, likely through paths) and to potential open space on
adjacent parcels when possible.
Functionality of open space is defined by the proposed amendment, and is the basic impetus for
the particular suggested changes. Functional open space is described as that open space which
has one or more of seven identified open space uses (for natural resources, rural character, visual
amenities, outdoor recreation, managed resource production, public heallth and safety and public
purpose infrastructure), evaluated based on three physical criteria (composition, access, and
size/shape). The goal in all amendment additions is to ensure that open space is purposefully sited
in accordance with county land values. To that end, some new definitions of open space have
been created which fit in with local goals. The amendment proposes that areas used for expansion
of Primary Conservation Area, pedestrian paths, identified wildlife corridors, identified greenbelt
systems, and roadside buffers may be categorized as open space under Flexible Development
regulations. Additionally, language has been inserted into Section F calling for creativity and site-
specificity in open space design and agglomerated shapes for certain types of Secondary
Conservation Area.
Process:
Public Hearing May 27, 2003
Ordinance Review Committee recommendation July 2, 2003
Planning Board Recommendation July 2, 2003
BOCC to make decision no sooner than August 19, 2003
FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision.
RECOMMENDATION(S): The Planning Staff recommends APPROVAL of the proposed
amendments.
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The Administration recommends that the proposed amendments be referred to the Planning
Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003.
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An Ordinance Amending the Subdivision Regulations of Orange County
Be it ordained by the Board of Commissioners of the County of Orange, North Carolina,
that the Subdivision Regulations are hereby amended as follows:
SUBDIVISION REGULATIONS
Section IV-B-10. FLEXIBLE DEVELOPMENT (Pages 61-65)
(Amended to read as follows. Bold type indicates proposed new language and
r*-~'-°*'~r^~~^'' type indicates proposed deleted language)
Section C OPEN SPACE STANDARDS
C.1 Minimum Required Open Space
Where a developer elects to seek approval of a Flexible Development as specified herein,
at least thirty-three percent (33%) of the total land area in the Flexible Development must
be set aside as protected open space. Such open space shall meet these standards unless
the developer chooses to seek approval of a conventional subdivision as specified herein.
C.2 Open Space Functionality
A goal a Flexible Development subdivision plan is to provide apen space that is
functional. Functional open space is that which provides as many of the following
beneficial goals as is feasible:
• The Protection of Natural Resources
• The Protection of Rural Character
• The Improvement or Maintenance of Visual Amenities
• The Creation or Protection of Space for Outdoor Recreation
• The Creation or Protection of Managed Resource Production
• The Improvement or Maintenance of Public Health and Safety
• The Creation or Protection of Public Purpose and/or Utility
Infrastructure
The primary means of achieving these functionality goals in open space design is by
addressing three primary land characteristics. All Flexible Development plans
should highlight, to the greatest extent practicable, these characteristics in direct.
correlation to the functional open space goals listed above. An open space plan may
also use other land characteristics in planning functional open space, if a direct link
to those goals can be established.
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Composition -The on-site physical characteristics of land are an
important means of determining what sorts of functionality goals it can
support as open space. For each of the seven functional open space goals,
certain characteristics are required or preferred. Compositional
requirements and preferences are stated throughout this section.
Accessibility -Shared functional open space must be publicly available.
All Flexible Development plans shall strive to provide open space access
to the public at large and/or subdivision residents, in accordance with
Section C.4.
Size and Shape -The functionality of rural open space is often
diminished when it is fragmented or disproportionately shaped in long
narrow segments. Functional open space is ideally large enough in size to
maximize the benefits of open space to ecological, environmental,
recreational and/or visual uses. Size and shape requirements are listed
in Section F.1.
C.3C-Types of Open Space
The types of open space conserved through Flexible Development shall be consistent
with the following standards:
a. Open space shall be comprised of two types of land: "Primary Conservation
Areas" and "Secondary Conservation Areas ".
b. Primary Conservation Areas ^^^~~~+ ^r+''° ~ "^~T^^T ^~+° ~ ~'~~~°~ These areas
represent sensitive environmental features and/or significant cultural resource
areas, which may make them legally or practically unbuildable. Primary
Conservation Areas are, by defmition, functional because the ecological and/or
social benefits that mark their classification are significant. These areas are the first
type of open space to be designated on a Flexible Development Concept Plan
towards satisfying the minimum open space requirement. Secondary Conservation
Areas may not be selected as part of the 33% requirement unless all potential
Primary Conservation Areas, except expansion areas (as defined below), have been
set aside.
Wetlands, including, but not limited to, streams, creeks, ponds, reservoirs,
stormwater management facilities for watershed protection purposes, and
adjoining land areas identified as part of
0 The National Wetlands Inventory Maps for the county, prepared by the
U.S. Fish and Wildlife Service;
0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil
Conservation Service;
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0 The "Inventory of Natural Areas and Wildlife Habitats," as prepared by
the Triangle Land Conservancy;
0 LANDSAT satellite data collected and analyzed under the Albemarle-
Pamlico Estuarine Study;
0 A required environmental assessment or enviromnental impact statement;
and/or
0 A site analysis conducted by a registered engineer, land surveyor,
landscape architect, architect or land planner using data from the U.S.
Army Corps ofBngineers.
Floodplains (100-year) and alluvial soils identified as part of:
0 The "Flood Insurance Study: Orange County, N.C.," prepared by the
Federal Emergency Management Agency (FEMA); and
0 The "Orange County, N.C. Soil Survey," prepared'by the U.S.D.A. Soil
Conservation Service.
Steep Slopes, defined as those greater than 25 percent, identified as part of:
0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil
Conservation Service; and/or
0 A site analysis conducted by a registered engineer, land surveyor,
landscape architect, architect or land planner and calculated using
topographic maps from an actual survey or from the U.S. Geological
Survey.
• Natural Areas, and Wildlife Habitats ~Ma ~'~°~•~~-'~•-~ as identified as part of:
0 The "Inventory of Natural Areas and Wildlife Habitats," as prepared by
the Triangle Land Conservancy;
0 A required environmental assessment or environmental impact statement;
and/or
0 An independent site study conducted by a trained botanist and/or biologist.
Historic and Archaeological Sites listed on the National Register of Historic
Places or included on the state's national register study list, designated as a local
historic landmark, designated as a local historic district, andJor identified as
having a high potential for archaeological remains as part of:
0 The "Chapel Hill Township Architectural Survey: Final Report";
0 The "Orange County Multiple Property Documentation Form: Historic
Resources of Orange County";
0 "An Archaeological Survey of Portions of Orange County, N.C.";
0 A required environmental assessment or environmental impact statement;
and/or
0 An independent site study conducted by a trained architectural historian or
archaeologist.
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Where a historic or archaeological site is to be set aside as a separate lot, and
preserved and/or restored as part of a flexible development, the entire area within
the lot maybe credited toward meeting the minimum open space requirement.
• Wildlife Corridors as identified by Section 2.2 of the most recent Land Use
Element of the Orange County Comprehensive Plan.
Expansion of any of these areas
• A single, contiguous area of open space that meets one or mare of
the provided definitions of Primary Conservation Area may be
expanded by up to 20% of its area to provide an additional buffer.
Although the expansion area may not meet any other definitions of
Primary Conservation Area, it may be considered as such, except:
a) Expansion areas may not be, in turn, expanded under this
provision,
b) Expansion areas may not be selected as Primary Conservation
Area unless all site areas meeting any other Primary
Conservation Area definition have already been classified as
open space, and
c) Expansion areas should have the same composition as the
Primary Conservation Area that they are expanding
c. Secondary Conservation Areas ^^~~~~+ ^F+''° ~ "~~•~~r^ ~~*° ~ ^*~~r°~ When the
33% open space requirement is not filled by Primary Conservation Area, this
secondary set of criteria is used to complete the requirement. These more electively
sited spaces are used to increase and diversify the functionality of the site's total
open space plan by following the criteria set forth in this section.. These areas,
unless specified otherwise, receive full credit toward meeting the minimum open
space requirement of Flexible Developments.
Access -Open space areas maybe chosen as Secondary Conservation Areas
because of their benefit in providing open space access to residential lots in
accordance with regulations listed in Section C.4. These areas shall also
include desired compositional and size and shape attributes, as listed in this
section.
Composition -Sites chosen for Secondary Conservation Areas must have one
or more of the following characteristics or uses:
• Woodlands, including forest land for the planting and production of trees and
timber, where management practices such as selective timber harvesting and
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wildlife enhancement are employed. Such woodlands may consist of
hardwood, pine, and/or mixed pine-hardwood forests identified as part of:
0 LANDSAT satellite data collected and analyzed under the Albemarle-
Pamlico Estuarine Study;
0 A site analysis conducted by a registered engineer, land surveyor,
landscape architect, architect or land planner using aerial photographs
and/or satellite imagery;
0 A required environmental assessment or environmental impact
statement; and/or
0 An independent site study conducted by a trained botanist and/or
forester.
• Far~nlaTZd, especially prime agricultural land as identified by the U.S.D.A.
Soil Conservation Service in "Important Farmlands: Orange County, N.C."
and which is in active use for the production of crops and/or raising of
livestock. Farmland also includes space on individual lots used for gardens,
ponds, horse paddocks and barns, and similar uses.
• Slopes of 1 S% to 25% which require special site planning due to their erosion
potential, limitations for septic tank nitrification fields, and terrain or elevation
changes. Such areas maybe suitable for building, but higher site preparation
and construction costs are to be expected.
• Other Historic and/or Archaeological Sites identified from the same sources
as for primary conservation area sites.
• Public and/or Private Recreation Areas and Facilities, including:
0 "Active recreation areas" such as public recreation areas, including
district and community parks as identified in the master recreation and
parks plan; and private recreation facilities, including golf courses,
playing fields, playgrounds, swimming pools and courts for tennis,
basketball, volleyball and similar sports. Because they represent uses
in which natural lands are cleared, graded and managed for intensive
activities, only half (50 percent) of the land in this category maybe
credited toward meeting the minimum open space requirement.
0 "Passive recreation areas" such as pedestrian, bicycle and equestrian
trails, picnic areas, community commons or greens, and similar kinds
of areas, whether public or private. Land in this category receives full
credit toward meeting the minimum open space requirement.
• Scenic Views, especially of natural and cultural features from designated
scenic road corridors, including views from the road as well as views outward
from potential home sites. Landscape buffers which screen the view of
development and preserve the character of rural public roads are also included
in this category.
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Pedestrian Access Patlzs, corridors of at least 50 feet in width, which
should be able to accommodate recreational uses and conservation goals,
and allow pedestrians to reach other open space areas in the subdivision
on foot. Pedestrian access paths should be consistent with definitions and
guidelines for paths set forth in existing Orange County ordinances and
regulations.
All paths must be connected at least once to another type of open space.
If a single Flexible Subdivision area has more than one path, the open
space plan should, if practicable, be redrawn to connect them into a single
path system. All paths should reach at least one outside edge of the
subdivided property so that they may potentially be connected to
pedestrian paths on future projects on adjacent properties.
• Roadside Buffers, areas buffering public roads, when they are at least 100
feet in width, measured in one direction from the nearest edge of the
road. Roadside buffers must be composed of undisturbed natural
vegetation.
• Greenbelt Linkages, areas that can be used as part of a connected
greenbelt path, within an approved County Greenbelt. program.
Size and Shape -Whenever possible, Secondary Conservation Areas should
be part of substantially sized and/or contiguously linked open space sections
and meet guidelines as put forth in Section F.1.
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C.4 Access to Open Space
The level of public access to open space is determined based on the type of space
that is being preserved. Primary Conservation Areas, because of their considerable
public value for recreation and scenery, are intended to be made available to the
public at large through public paths accessible by public road and/or direct access
by public road. Secondary Conservation Areas of common use shall be, at least,
accessible to site subdivision residents
Open space plans shall provide direct contiguous access to Primary or Secondary
Conservation Area to at least 75% of project lots, and access to Primary or
Secondary Conservation Area within 300 feet of each of the remaining lots.
In cases where the majority of open space is Primary Conservation Area, which is
sited by composition and not by elective locational value, only 50% of project lots
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must be directly contiguous to Primary or Secondary Conservation Area. All
remaining lots must be within 600 feet of Primary or Secondary Conservation Area.
C-5 E-~-Ownership of open space.
Open space within a flexible development maybe owned and/or administered by any of
the following methods, either individually or in combination. All open space shall be
permanently restricted from further subdivision.
• Fee simple dedication to the county, another unit of local government,
the state or a private nonprofit land conservancy.
Dedication of conservation easements to the county, another unit of
local government, the state or a private nonprofit land conservancy.
Such easements may apply to a single property owned by a
homeowner's association and/or to all or portio~ls of individual lots
owned by one or more property owners.
• Ownership by a homeowner's association where specific development
restrictions and maintenance requirements are included as part of its
bylaws and as irrevocable articles of restrictive covenants.
Ownership by individual property owners, of estate lots only, where
specific development restrictions and maintenance requirements are
included as part of restrictive covenants and/or permanent
conservation easements applicable to such lots.
Where conservation easements have been dedicated prior to application for approval of a
flexible development proposal, the land subject to the easement maybe counted toward
satisfying the 33 percent open space requirement, provided that it is a portion of and in
the same ownership as the land to be subdivided.
C-6 C-4-Maintenance of Open Space
Natural features shall be maintained in their natural condition, but maybe modified to
improve their appeazance, functioning or overall condition, as recommended by experts
in the pazticulaz area being modified. Permitted modifications may include the following:
• Reforestation;
• Woodland management;
• Pasture or cropland management;
• Buffer area landscaping
• Stream bank protection; and/or
• Wetlands management
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Unless accepted for dedication or otherwise agreed to by the county, another unit of local
government, the state or a private nonprofit land conservancy, the cost and responsibility
of maintaining open space and any facilities located thereon shall be borne by the
property owner and/or homeowner's association.
Section F EVALUATION CRITERIA
All site planning for open space should evidence a consideration of the specific
nature of the parcel being developed and a creativity in design which maximizes
aspects of functionality. At F~ any given site, the types of resources may vary widely
in importance ; (e.g., a natural area compared to a historic site) and I~l~~ each
type of resource may have areas of greater or lesser significance ;(e.g;. a notable example
of local vernacular building traditions compared to a much altered older home). Priorities
for conserving such resources should therefore be based upon a thorough site analysis
and an understanding of what is more special, unique, noteworthy, environmentally
sensitive and/or historic as compared with other similar features of different types of
resources.
In evaluating the layout of lots and open space, the following criteria will be considered
as indicating design appropriate to the site's features and meeting the intent of the
Flexible Development standards. Whereas diversity and originality in lot layout are
encouraged, it is recognized that not all objectives maybe achieved on a given site. Each
applicant must therefore achieve the best possible relationship between development and
preservation objectives.
F.1 General Criteria
The following criteria apply to all Flexible Development projects:
The shape and placement of the open space shall be reasonably contiguous,
coherently configured, ~ shall abut existing or potential open space on adjacent
properties, and shall be beneficial to stated functional open space goals. Leng,
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space should not be overly fragmented or in long narrow segments (except in the
case of pedestrian paths, stream or wildlife corridors, greenbelt paths or
landscape buffers adjoining street rights-of--way and/or neighborhood
boundaries). Electively sited individual open space areas (e.g. Secondary
Preservation Areas) should typically have agglomerated shapes.
Open space shall be connected, when applicable and reasonable, to other open
space in the same project and/or to existing or potential off-site open space or
pedestrian paths in land parcels adjacent to the Flexible Development area.
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The pedestrian circulation system shall be designed to ensure that pedestrians can
walk safely and easily on the site, between properties and activities or special features
within the neighborhood open space system. All roadside footpaths should connect
with off-road trails, and link with existing or potential open space on adjoining
parcels.
• Protect and preserve all wetlands, floodplains and steep slopes from clearing, grading,
filling or construction except as maybe approved by the board of commissioners.
• Landscape common areas (neighborhood greens), cul-de-sac islands, anal both sides
of new streets with native specie shade trees and flowering shrubs with high wildlife
conservation value.
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NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that this Ordinance entitled "An Ordinance Amending the
Subdivision Regulations of Orange County" be adopted.
Upon motion of Commissioner seconded by
Commissioner ,the foregoing Ordinance was adopted this
the day of _ , 2003.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
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 , 2003
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 ,
2003.
Clerk. to the Board of Commissioners
SEAL