INC NEWS - UDO Text Amendment TC07-04

Wed Nov 28 08:43:15 EST 2007

Good morning, everyone:

Just a point of clarification on TC07-04, Open Space, which the County
Board of Commissioners approved this past Monday, and which City Council
is scheduled to consider on December 17.  TC07-04 addresses the open
space requirements for certain very small subdivisions.  It allows
subdivisions with 10 or fewer units, no engineered stormwater controls,
and no other open space requirements, to make payment in lieu of
required open space.  The intent is to allow a very small subdivision to
avoid the significant administrative and financial burden of creating
and maintaining a homeowner's association to own and maintain common
open space if it does not otherwise need an HOA.  Required tree coverage
areas can be located on private lots if the subdivision has no buffers.
There is a safeguard, however, that allows the approving authority to
require open space even if the subdivision qualifies for the payment in
lieu option.  This is designed to ensure that the option is used as
intended and not abused.

TC07-04 does not address conservation subdivisions, which contain
primary and secondary conservation areas.  TC07-16, Conservation
Subdivision Technical Change, is scheduled for the Planning Commission
on December 11.  It proposes a technical change to the conservation
subdivision section to conform to recent state legislative changes.  The
Joint City-County Planning Committee has also directed staff to prepare
a comprehensive revision to the conservation subdivision section for its
review, which is currently in process.

Draft text for TC07-04 and TC07-16 is available at
www.durhamnc.gov/council/ord_changes.

The explanatory memo for City Council TC07-04 will be posted at
http://www.durhamnc.gov/agendas, under the December 17 agenda.  I would
be happy to send anyone interested a copy of the November 26 County
Board of Commissioners memo, which is basically the same.  The
explanatory memo for Planning Commission TC07-16 will be posted at
http://www.durhamnc.gov/departments/planning/planning_commission_calenda
r.cfm, under the December 11 agenda.  

Thank you and please feel free to contact me with any questions or
comments.

Regards,

Julia Mullen

Planner

Durham City-County Planning Department

julia.mullen at durhamnc.gov

560-4137 ext. 255

________________________________

From: inc-list-bounces at rtpnet.org [mailto:inc-list-bounces at rtpnet.org]
On Behalf Of Pat Carstensen
Sent: Wednesday, November 28, 2007 7:52 AM
To: inc-list at durhaminc.org
Subject: Re: INC NEWS - UDO Text Amendment TC07-04

The 2 things these amendments do are:
1) Let developers pay for open space somewhere else instead of reserving
it in their development.  Open space may still be required by the
approving authority where it determines that the provision of open space
would better serve the needs of the future residents of the development
than would payment in lieu.  

2) Secondary Conservation Areas (the UDO has a list of natural and
historical things that are "Primary" or really important and those that
are "Secondary" or worth conserving but less important) can be platted
into individual residential lots.    I can see that if these bits of
property are scattered, it would make sense to include them in
individual lots, ASSUMING we have a way to make sure they really get
preserved and someone doesn't decide they need to put a bigger house up
over the space 20 years from now.  I would also like to see the ability
of the approving authority to decide that it makes better sense for
common ownership for the Secondary Conservation Areas.

Regards, pat

> Date: Wed, 28 Nov 2007 01:46:24 -0500
> From: randy at 27beverly.com
> To: inc-list at durhaminc.org
> CC: fhna-list at fhnanews.com
> Subject: INC NEWS - UDO Text Amendment TC07-04
> 
> >From the Planning Department:
> 
> Proposed UDO Text Amendments
> 
> http://www.durhamnc.gov/businesses/ordinance.cfm
> 
> Please be advised of the upcoming proposed changes to the text of the
> Durham Unified Development Ordinance (UDO):
> 
> Text Change TC07-04 proposes revisions to the following sections of
the
> Unified Development Ordinance: Section 7.2.2, Required Open Space,
Section
> 7.2.4, Open Space Calculation; Section 7.2.6, Ownership and Management
of
> Open Space; and Section 8.3.1, Tree Coverage Standards.
> 
> The City Council public hearing is tentatively scheduled for December
17,
> 2007 at 7:00 p.m. in the City Council Chambers at 101 City Hall Plaza.

> Please contact the Planning Department for confirmation of the hearing
> dates.  The proposed revisions, once finalized, may be viewed at the
web
> site listed above.
> 
> Staff contact:  Julia Mullen, 560-4137 x255; email,
julia.mullen at durhamnc.gov
> 
>  
> 
> 
> _______________________________________________
> INC-list mailing list
> INC-list at rtpnet.org
> http://lists.deltaforce.net/mailman/listinfo/inc-list

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