INC NEWS - Proposed changes to Conservation Subdivisions in UDO

[Pat Carstensen]

On further consideration, here are two possible improvements to the proposed amendment:

1) If the property is over a certain size (say the preserved primary conservation areas would be over 25 acres), invite representatives of land conservation organizations (Eno River, Ellerbe Creek, TLC, for example) to the pre-application conference with planning.  The land conservation organizations can obviously could come to the neighborhood meeting, but this would recognize their professional expertise.

2) At the extreme, you could have a lake and a swamp big enough to make it hard to fill legally, so the developer would get higher density for "preserving" acreage that couldn't have been built on.  This would make the buildable land more valuable, and thus harder to buy if it would also make good parkland.  I don't know if the density calculation could be done on the basis of "buildable" land as opposed to total land.

Regards, pat

From: pats1717 at hotmail.com
To: inc-list at durhaminc.org
Date: Sun, 17 Feb 2008 12:37:05 -0500
Subject: INC NEWS - Proposed changes to Conservation Subdivisions in UDO








The text of the proposed amendment  on Conservation Subdivision is now available at
http://www.durhamnc.gov/council/ord_changes/

I think the changes are overall very good and we should be supporting them, but would defer to folks who have been seeing the idea misapplied to see whether all the issues have been addressed.

Regards, pat
------------

What is changed:
Neighborhood meetings and pre-application conference with planning would be required.

A major special use permit would be needed for spray irrigation in a Conservation Subdiv

The % of open space would be increased to 50% -- and at least 80% of this would be primary conservation uses, specifically
a. Special Flood Hazard Areas and Future
Conditions Flood Hazard Areas;
b. Required riparian buffers along all perennial and intermittent
streams;
c. Wetlands that are protected by either the Army Corps of Engineers
or the North Carolina Department of Environment and Natural
Resources, and any provided or required
buffers;
d. Lakes, ponds, and other water bodies, excluding created
stormwater management facilities; {I'm not sure about this -- if you couldn't build there, why get a free pass, it is a new item}
d.e. Areas at least 5,000 contiguous square feet in size with any
slope greater than 25%;
f. Existing forests at least one contiguous acre in size, in which
healthy hardwood trees at least 10 inches in diameter at breast
height comprise at least 50 percent of the trees;
g. Wildlife corridors, wildlife habitats, and other sites, trail corridors
and other open spaces shown on adopted plans identified in the
Durham County Inventory of Important Natural Areas, Plants and
Wildlife (Inventory) or adopted plans;
i.h. Sites identified inby the North Carolina Natural Heritage Program
that are not identified in the Inventory;
i. Greenways, rail trails, and other open space identified in adopted
plans;
j. Historic sites or structures currently designated in, or eligible for,
the National Register of Historic Places;
k. Sites identified in the Durham Architectural and Historic
Inventory;
k.l. Sites identified in the Durham County Archaeological Inventory
and other knownidentified archeological sites, including
cemeteries and burial grounds;
m. Sites at least five contiguous acres in size identified by the city,
county, state, or federal government as farmland or agricultural
land that is prime, unique, or of statewide or local importance; and
n. Viewsheds from designated federal and North Carolina Scenic
Byways.

(some of these are new, and these were taken out -- in many cases, as redundant, I think)
Existing trails that connect the tract to neighboring areas;
g. Known cemeteries and burial grounds;
h. Sites identified in the Durham Inventory of Natural Areas and
Rare Species;
j. Sites identified in the Durham County Inventory of Cultural and
Natural Resources; 

(There are also changes in the secondary conservation area list, mostly just tightening up the language)

THis comment would be added to clarify the purpose

Commentary: A conservation subdivision should be considered for any
tract that contains sizeable environmentally sensitive areas. It is intended
to allow increased density and design flexibility in exchange for at least 50%
open space. A potential applicant should carefully assess whether the site is
conducive to an increased density and the required 50% open space,
including the required amount of primary conservation areas.

There would be new requirements on the open space:
G. Open Space
Open space in a Conservation Subdivision shall be established in accordance
with Sec. 7.2, Open Space., except that required open space shall contain
primary conservation areas and, if required, secondary conservation areas in
conformance with this section, and shall otherwise be limited to the
following:
1. Any land used for agricultural purposes that is not a primary conservation
area;
2. Naturally vegetated areas or areas re-vegetated to appear naturally
vegetated that are not primary or secondary conservation areas;
3. Playing fields surfaced with natural turf;
4. Golf courses identified by the city or county as "green" due to use of best
management practices, excluding club houses, parking areas, and other
impervious surfaces;
5. Created stormwater management facilities engineered as bio-retention
areas or wetlands provided they comprise 10 percent or less of required
open space.
Commentary: Areas allowed in required open space, other than primary
and secondary conservation areas, are limited to those listed above. For
instance, required open space shall not include community wastewater
systems or utility, access, or drainage easements.

The changes are propagated into the open space section

Open space in Conservation Subdivisions wouldn't need to be "usable"






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