Agenda - 02-18-2016 - E1 - Review of Minimum Lot Size and Density Allowances for Subdivisions

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65 ISSUE(S): While current regulations encourage and promote clustering of subdivision lots, the following design limitations exist: 1. Section 7.12.3 of the UDO indicates lots within a typical Cluster Subdivision may be reduced to no less than 1 acre (43,560 sq.ft.) in area with the reservation of 20% open space. As the required minimum lot size in the rural areas of the County (i.e. AR and R-1 general use zoning designations) is 40,000 sq.ft., the Cluster Development option has no application within the majority of the rural area of the County. There is applicability for this type of subdivision within the Rural Buffer (RB) general use zoning district, which requires a 2 acre minimum lot size. Staff has found, however, there is more interest amongst both developers and staff to have subdivision projects adhere to the Conservation-cluster Flexible Development option requiring the reservation of a minimum 33% open space. 2. Section 7.13.4 (B) (6) of the UDO allows for lots within a Conservation-cluster Flexible Development Subdivision to be reduced by 65% of the typical required minimum lot size with the delineation/reservation of required open space. As an example: a property proposed for subdivision is located within a general use zoning district requiring a minimum lot area of 40,000 sq.ft. Lots within the project could be reduced to 26,000 sq.ft. (40,000 x .65) as part of the Flexible Development design process with the reservation of a minimum of 33% of the property as open space.4 Parcels located within a Watershed Protection Overlay District, however, cannot be reduced below 40,000 sq.ft. in land area if said lot(s) are served by individual septic systems. As most of the rural areas of the County are served by individual well/septic systems, and have a required minimum lot area of 40,000 sq.ft., the ability to reduce lot sizes through this provision is limited.5 Please refer to Attachment 1 for map(s) denoting the various Watershed Protection Overlay Districts. Attachment 3 contains a map outlining the Water Sewer Boundary Map (WASMBA) 3. Section 4.2.9 Water Supply/Sewage Disposal Facilities of the UDO prohibits off-site well and septic systems for parcels located within the University Lake Protected and Critical Watershed Protection Overlay Districts. Wastewater treatment/disposal (i.e. septic) and wells providing potable water are required to be located on the parcel they serve.6 4. For a subdivision proposing a private road where `private road justification' is required (i.e. for subdivisions proposing 4 to 12 lots served by a private roadway) per Section 7.8.4 (E) of the UDO the applicant is required to demonstrate compliance with 3 out of 7 4 Lots within the Rural Buffer(RB)general use zoning district cannot be reduced below 1 acre(43,560 sq.ft.)of land area per the Joint Planning Land Use Plan and Land Use Plan agreement adopted by Orange County and the Towns of Chapel Hill and Carrboro. 5 There has previously been concern over allowing the development of off-site septic or package treatment systems providing wastewater treatment/disposal due to ensuring proper maintenance of same. This concern is directly related to a failed package treatment system developed within a subdivision off of Mt. Sinai Road requiring sewer service to be extended from Durham County. The system was not properly maintained thereby causing it to fail. 6 The prohibition may be moot given the density within the University Lake Protected/Critical Watershed Overlay District(1 unit for every 5 acres)and a required minimum lot size of 1 acre through the cluster subdivision process. Per Section 7.8.4(D)there is no `right' to develop a private roadway in the County where said subdivision contains more than 3 lots. Part of the subdivision process requires `justifying' the creation of a private road with the voluntary imposition of several design features as detailed in Section 7.8.4(E)of the UDO.