MONROE COUNTY PLANNING COMMISSION November 16, 1999
CASE NUMBER: 9910-ZOA-07
TEXT AMENDMENTS: Section 804 (table 4-1); Section 811-3(E)5d; and 826-2
PETITIONER: Monroe County Plan Commission
PROPOSAL: To revise the minimum lot size for AG/RR and FR; revise the cluster subdivision standards for design; and eliminate PUD open space from individual lots.
EXHIBITS:
RECOMMENDED MOTION: Approve the text amendments subject to the findings of fact.
SUMMARY:
The Monroe County Planning Staff is proposing three text amendments within this petition.
The first text amendment would be to change the minimum lot sizes in the Agricultural/Rural Reserve Zone and the Forest Reserve Zone. The AG/RR zone would change from a minimum lot size of 2.5 acres to 5.00 acres. The FR zone would change from 5.0 acres to 10.00 acres. This amendment is based on the guidelines and principles set forth in the Monroe County Land Use Plan .
The second text amendment is to the overall density incentive for cluster subdivisions. Currently, the density bonus for cluster subdivision is only 15%. Through the two and a half years the ordinance has been in effect, there has not been one completed cluster subdivision that was not in the Business and Industrial Overlay (BIO). The existing 15% bonus in the BIO does not appear to be enough of an incentive to encourage cluster subdivisions. Therefore, staff is proposing a density incentive of 50% for clusters outside of the BI Overlay. The 15% incentive within the BIO will remain in effect in order to ensure enough conditional open space to provide adequate area for potential industrial uses.
The last text amendment is the removal of the option for open space to be contained in individual lots within a PUD development. Staff believes that the removal of this sub-section will increase the open spaces within the County while still providing a density bonus for developers.
ANALYSIS:
According to the Monroe County Comprehensive Plan, the AG/RR and FR zones are located in one of the following four land use categories. The principles of these land use categories are listed below: (emphasis added)
1. Natural Resource Residential - This category offers a very low density for approximately 4,300 acres of land located primarily on the east side of Benton South Township at the Monroe County/Brown County line. It also includes private inholdings within the Public Open Space category. The low density is necessary in order to protect sensitive watershed areas that have limited accessibility. Minimum lot sizes are recommended to be 10 acres. It is not recommended that clustering be an option in this area.
2. Agriculture - This category designated in the Plan totals about 17,500 acres. Protecting the opportunity to farm has been identified as an important land use policy of the Plan. Much of the rural character of Monroe County is derived from agricultural activities. Areas in the northwestern and southwestern portions of the County are designated as priority agricultural use areas as shown on the Plan Map. These areas are fairly large expanses of relatively flat land and are presently very sparsely developed. In these areas, agricultural uses shall be given priority over residential uses. Residential uses in agricultural priority zones should have a minimum lot size of 5 acres. Most farmsteads meet this requirement, and non-farm residences would be non-intrusive at this density. Clustering may be workable under strict guidelines that assure agricultural priority, even for high-impact agricultural operations. In locations where residential development occurs with clustered units, the open space created by the density requirement could be made available for crops and grazing.
3. Conservation Residential - This category recommends limitations on development within the environmentally sensitive watersheds of Monroe Reservoir, Lake Lemon and Lake Griffy. It is established to provide a residential options while protecting the lakes and water supply resources of the County. There are approximately 9,000 acres of land in this category. In general, critical water supply watersheds and areas of steep topography are not encouraged for development. Where development occurs, it should be for large lot residential uses with a minimum lot size of 5 acres.
4. Rural Residential - This category includes remote areas, environmentally sensitive areas and areas adjacent to quarry operations where lower densities and a more rural character are most appropriate and desirable. This category includes approximately 66,700 acres of land that cover most of Indian Creek Township and portions of Van Buren, Richland, Bean Blossom, Washington, and Benton Townships. Rural Residential areas are recommended to have a very low density with a minimum lot size of four acres per dwelling unit. However, clustering may be an option in this category with the remaining open space resulting from the density requirement being set aside as permanent open space. The open space within the development can serve a variety of uses including recreational opportunities for local residents, limited agricultural uses in the proposed Agricultural Overlay District or buffering of an adjoining use. Subdivisions in excess of 10 dwelling units are not recommended in these areas because public services or improvements are very limited.
The process to adopt the Comprehensive Land Use Plan included public comment sessions that spanned a period of almost 5 years. The general policies and recommendations of the Plan reflect the concerns and priorities of the population of Monroe County. The main reason for having a Plan is to guide the requirements of the Zoning Ordinance. The fact that the recommendations for large lots were included in the adoption of the Plan rationalizes the need for these large lots to be consistent with the Zoning Ordinance.
Staff has reviewed a number of planning research materials from nationally known planners in the field of rural zoning and open space preservation. During this review, staff has come to the understanding that large lot zoning by itself will not necessarily preserve open space. The result of large lot zoning without alternative cluster subdivision options has been to increase sprawl and to lose any of the economic or amenity advantages of preserved open space. Cluster Subdivisions have been proven, through national case studies, to be an economically viable method of preserving open space. Although, staff is not recommending the use of the Cluster Subdivision within the Lake Monroe and Lake Griffy Watersheds. The density bonus portion of a Cluster Subdivision increases the development potential of a site. Staff does not support providing options to increase development in the watersheds.
Monroe County has had a chapter providing an option for Cluster Subdivisions since its adoption in early 1997. Clustering is an alternative subdivision method that increases open spaces while at the same time gives a density incentive to developers so a given project is still economically viable. To date, the Planning Commission has not seen a Cluster Subdivision proposal that has finished the approval process. Staff's analysis of the current Cluster Chapter has revealed that perhaps the density incentive for a Cluster Subdivision is not high enough. The difficulty here is that unless the financial incentive is large enough, most developers will not be willing to change from their conventional and familiar "cookie-cutter" approach. But, when the incentive is too large, it becomes difficult to preserve much buildable land as open space. The resulting provision of open space has higher importance to Monroe County in the long run than the additional public costs associated with an increase in the number of new residents living in the subdivision. Once land is checkboarded into "wall-to-wall lots," it is nearly impossible to retrofit greenways, trails, parks, and neighborhood playing fields into the established pattern. Therefore, staff has recommended an increase in the density bonus for choosing a Cluster Subdivision to go from 15% to 50%. Staff believes that this percentage will provide enough of a density incentive to make a project economically feasible while at the same time provide a noticeable amount of open space.
Staff is also recommending a revision to the density bonus for endowing a maintenance fund. An endowment maintenance fund is a permanent fund to offset open space maintenance costs provided by the applicant/developer. This fund is then transferred by the developer to the designated entity with ownership and maintenance (e.g. a homeowners association, a land trust, or the County). Therefore, these entities would not have to be responsible for generating a maintenance fund themselves. This is a very attractive option for those groups that wish to aid in the preservation of open space but can not come up with the necessary start up funding. The current ordinance states that the amount designated for the Endowment Fund shall be 20 times the amount estimated to be required on a yearly basis to maintain the open space. Additionally, 75 percent of the net selling price of the density bonus lots shall be donated to the Endowment Fund for the preservation of open space lands within the subdivision. Staff does not anticipate that this is enough of an incentive to developers since they will only receive a profit of 25% from the additional lots they will gain from the density bonus. This cost is in addition to 20 times the average maintenance fund per year. Staff recommends a reduction in the percentage of the net selling price from 75% to 25%.
One of the main goals of the Comprehensive Land Use Plan is to maintain the beauty and integrity of the natural environment. Several objectives under this goals appear to be inconsistent with current development pattern of Monroe County. These objectives state:
1. Preserve the habitat for native species of flora and fauna.
2. Establish comprehensive standards for land use and development which minimize disruption to the natural environment, and encourage creative solutions to manage environmental problems in site development.
3. Protect karst, steep slopes, floodplains, wetlands and reservoir areas by establishing site specific development criteria for such areas.
4. Establish standards for providing open space and natural areas for new residential and commercial developments, especially for those that may otherwise reduce existing wildlife habitat, forests or agricultural lands.
5. Work with local, state, and federal agencies to identify and protect areas where endangered or threatened native species of plants and animals are found or may be re-introduced.
6. Establish landscaping, tree preservation and site design criteria for development plans that reinforce the aesthetic qualities of a natural setting.
7. Conserve the forests, geologic features, waters and wildlife of Monroe County that contribute to its natural beauty and tourism economy.
The Plan supports an increase in alternative design concepts to protect the natural features of Monroe County.
Cluster Subdivisions can create a positive alternative for development in the following ways;
When the current Zoning Ordinance was adopted, it is the current staff's understanding that there was concern about the maintenance of open space within residential PUDs. Therefore, the Planning Commission approved the option to have open space conveyed in individual single family lots under control of that lot owner. Staff believes that this location option does not meet the true intent of a residential PUD. Listed below is the purpose statement of the current PUD Chapter;
The purpose of the planned unit development is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new developments; to encourage a harmonious and appropriate mixture of uses; to facilitate the adequate and economic provision of streets, utilities and city services; to preserve the natural environmental and scenic features of the site; to encourage and provide a mechanism for arranging improvements on sites so as to preserve desirable features; and to mitigate the problems which may be presented by specific site conditions. It is anticipated that Planned Unit Developments will offer one or more of the following advantages:
A. Reflect the policies of the Comprehensive Plan specific to the neighborhood in which the PUD is to be located;
B. Provide substantial buffers and transitions between areas of different land use and development densities;
C. Enhance the appearance of neighborhoods by conserving areas of natural beauty, and natural green spaces;
D. Counteract urban monotony and congestion on streets;
E. Promote architecture that is compatible with the surroundings;
F. Buffer differing types of land use and intensities of development from each other so as to minimize any adverse impact which new development may have on existing or zoned development;
G. Promote and protect the environmental integrity of the site and its surroundings and provide suitable design responses to the specific environmental constraints of the site and surrounding area; and
H. Effectuate implementation of the Comprehensive Plan.
In PUD's, greater design flexibility is permitted by reducing standards for lot width and area, but the absence of any comprehensive standards for the quality and configuration of open space has allowed many uninspired designs to be proposed and approved. The standard concept of a PUD consists of minimal land that is set aside as open space, and this land typically consists of unbuildable areas, stormwater basins, and relatively narrow and unusable strips of property. Allowing open space to be located within individual lots does not serve this purpose. The concern over maintaining open space has adequately been addressed in the three remaining conveyance options that staff is supporting to remain in the PUD chapter. These options are to either convey the open space to a municipal or public corporation; to a not-for-profit corporation or entity established for the purpose of benefitting the owners and tenants of the PUD; or the home owners association. These options guarantee that the open space will be maintained in an appropriate manner to be pleasing to the residents of the PUD as well as all residents of Monroe County. These options are consistent with other jurisdictions throughout the Country that have PUD regulations.
The Monroe County Planning Commission has seen several residential PUDs within the past three years. A number of which, while they met the requirements for a PUD, did not truly fulfill the intent of a PUD. For many of these projects, there is not any open space that could be enjoyed by the residents, yet the developer received greater flexibility with the lots' dimensions because of completing the PUD process. Examples of such projects have been included in the staff report as Exhibit 3. It is staff's belief that without revising this portion of the Ordinance, the goal of increasing open space within the County will not be met.
The amended text would read:
Table 4-1
| Height, Bulk, Area, and Density Requirements for Zoning Districts | ||||||||||||||||
| Requirement | AG | FR | CR | ER | SR | LR | MR | HR | UR | LB | GB | PB | LI | HI | IP | ME |
| Gross Density | 0.20 (G) | 0.10 | 0.40 | 1.00 | 1.00 | 3.00 | 4.80 | 7.30 | 7.30 | --- | --- | --- | --- | --- | --- | --- |
| Minimum Lot Area (acres) | 5.0 | 10.0 | 2.5 (E) | 1.0 | 1.0 (F) | 0.34 | 0.21 | 0.14 | 0.14 | --- | --- | --- | --- | --- | --- | --- |
| Minimum Lot Width at Building Line | 200 | 200 | 200 | 100 | 50 | 75 | 60 | 50 | 50 | 50 | 50 | 50 | 60 | 100 | 100 | 200 |
| Minimum Required Setbacks (feet) | ||||||||||||||||
| Yard Fronting on any Street | ||||||||||||||||
| Local | 25 | 25 | 25 | 25 | 25 | 25 | 25 | 25 | 25 | 25 | 25 | 25 | 35 | 35 | 35 | 35 |
| Minor Collector | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 25 | 25 | 25 | 35 | 35 | 35 | 35 |
| Major Collector | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 |
| Minor Arterial | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 |
| Principal Arterial | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 |
| Side Yards | 50 (A) | 50 (A) | 15 | 15 | 5 | 10 | 5 | 5 | 10 | 6 | 6 | 6 | 3 | 3 | 3 | 50 |
| Rear Yard | 50 (B) | 50 (B) | 35 | 35 | 10 | 25 | 10 | 10 | 10 | 0 | 0 | 0 | 10 (D) | 10 (D) | 10 (D) | 50 |
| Minimum Open Space Area (percent) | 75 (C) | 75 | 40 | 40 | 40 | 40 | 40 | 40 | 40 | 15 | 20 | 15 | 20 | 20 | 20 | --- |
| Maximum Height (feet) | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 45 | 35 | 45 | 35 | 50 | 60 | 35 | --- |
| Maximum Floor Area Ratio | --- | --- | --- | --- | --- | --- | --- | --- | --- | 0.25 | 0.30 | 0.25 | 0.40 | 0.40 | 0.40 | --- |
Legend:
Section 811-3(E)5d (PUD)
(5) Conveyance. Permanent open space shall be conveyed in one of the following forms:
(a) To a municipal or public corporation; or
(b) To a not-for-profit corporation or entity established for the purpose of benefitting the owners and tenants of the Planned Unit Development or, where appropriate and where approved by the Plan Commission and the Board of Commissioners, adjoining property owners, or both. All conveyances hereunder shall be structures to insure that the grantee has the obligation and the right to effect maintenance and improvement of the common open space; and that such duty of maintenance and improvement is enforced by the owners and tenants of the Planned Unit Development and, where applicable, by adjoining property owners; or
(c) To owners other than those specified in Subsections (a) and (b) above, and subject to restrictive covenants describing and guaranteeing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners, or both; or
(d) Included in single family residential lots under the control of lot owners.
Section 826-2 (Cluster Subdivision)
Standards for Design
(1) To Encourage the Use of Cluster Subdivision
A density bonus of 15 percent above the permitted gross density for the Business and Industrial Overlay zoning district is offered to encourage the use of cluster subdivisions. For all other zones, the density bonus of 50% above the permitted gross density is offered. No density bonus is allowed in the ECO District. A minimum bonus of one dwelling unit is guaranteed by this provision.
(2) To Endow Maintenance Fund
Monroe County allows a density bonus to generate additional income for the applicant
for the express and sole purpose of endowing a permanent fund to offset open space
maintenance costs. The amount designated for the Endowment Fund shall be 20 times
the amount estimated to be required on a yearly basis to maintain the open space. 75
25 percent of the net selling price of the density bonus lots shall be donated to the
Endowment Fund for the preservation of open space lands within the subdivision. Such
estimates shall be prepared by an agency or organization with experience in open
space management acceptable to the Plan Commission. This fund shall be transferred
by the developer to the designated entity with ownership and maintenance
responsibilities (e.g. a homeowners association, a land trust, or the County).
A density bonus is offered for the dedication of land for public use, including trails, active recreation, municipal spray irrigation fields, etc. The density bonus is calculated on the basis of one dwelling unit per five acres of publicly accessible open space. The decision whether to accept an applicant's offer to dedicate open space for public access shall be at the discretion of the County Commissioners with a recommendation provided by the County Parks and Recreation Board, and shall be guided by the recommendations contained in the County's Comprehensive Plan for Recreation, Parks, and Green Space, particularly those sections dealing with trail networks and/or recreation facilities.
A density increase is permitted where the subdivision proposal provides on-site or off-site housing opportunities for low- or moderate-income (LMI) families. For each LMI housing unit provided under this section, one additional building lot or dwelling unit shall be permitted, up to a maximum 15 percent increase in dwelling units. LMI housing is herein defined as units to be sold or rented to families earning 70 to 120 percent of the county median income, adjusted for family size, as determined by the US Department of Housing and Urban Development.
The minimum percentage of land that shall be designated as permanent open space, and protected through a conservation easement shall be as specified below:
(1) The open space shall comprise a minimum of 50 percent of the buildable area of the tract. The buildable area of the tract is calculated by taking the total tract area and deducting the following kinds of unbuildable land (which are also required to be deducted when calculating net permitted density for conventional subdivisions as well):
(a) wetlands and land that is generally inundated (land under ponds, lakes, creeks, etc.).
(b) all of the floodway and floodway fringe within the 100-year floodplain, as shown on
the official FEMA maps.
(c) land under permanent easement prohibiting future development (including easements).
(d) land required for street rights-of-way (10 percent of the net tract area).
The above areas shall generally be designated as undivided open space, to facilitate easement monitoring and enforcement, and to promote appropriate management by a single entity according to approved land management standards.
.
FINDINGS OF FACT case # 9904-ZOA-01
831-3 Standards for Amendments
In preparing and considering proposals to amend the text or maps of this Zoning Ordinance the Plan Commission and the Board of County Commissioners shall pay reasonable regard to:
(A) The Comprehensive Plan;
Findings: The proposed changes would further improve the use of flexible design techniques and improve the efficiency of development review within the County. The changes further clarify the intent of larger residential lots, the function of the Cluster Subdivisions, and role of the Planned Unit Development, while providing for additional flexibility in the development of residential uses and improved site design.
(B) Current conditions and the character of current structures and uses in each district;
Findings: This criteria does not apply.
(C) The most desirable use for which the land in each district is adapted;
Findings: The proposed changes would enable better site design, and would improve the flexibility in implementing the design standards included in the Zoning Ordinance and Subdivision Control Ordinance.
(D) The conservation of property values throughout the jurisdiction; and
Findings: No change of property value is anticipated.
(E) Responsible development and growth.
Findings: The introduction of alternative residential development, with the use of open space, sharing of impervious resources, and improved flexible design are ways in which development and growth can happen responsibly.