4

4.4.5 Conservation Residential Overlay District

The Conservation Residential Overlay District is established to implement the goals and objectives established in the Southwest Area Land Use Plan.

(B) Location of District and Applicability

The Conservation Residential Overlay District shall apply to the geographic area covered by the Southwest Area Plan adopted by Town Council on August 12, 2004, or as may be amended. The district boundaries may not necessarily correspond to the Southwest Area Plan boundary. The current boundaries of the district are shown on the Official Zoning Map. The Conservation Residential Overlay District ordinance does not apply to parcels that are located within Planned Developments or valid site plans approved prior to July 15, 2004.

TABLE 4.4.1: SOUTHWEST AREA PLAN SUBDISTRICTS
Subdistrict	Description
LCR	Conservation Residential, Low Density
VLCR	Conservation Residential, Very Low Density
RURAL	Rural

Rezoning is not required for applications meeting the requirements stated in 4.4.5(E) below.

(D) Plan Approval Required

All development within the Conservation Residential Overlay shall require submission of a subdivision plan or site plan in accordance with Section 3.9 of this Ordinance, and approval of such plan by the appropriate decision-making body.

(E) Overlay District Planning Process is Mandatory

For lands within the Conservation Residential Overlay District, the planning process set forth in this Section is mandatory. No planned development rezoning shall be approved for lands designated on the Land Use Plan Map as the Conservation Residential Overlay District.

(F) Requirements for Developments within the Conservation Residential Overlay District
(1) Base Density Option

Subdivisions within the Conservation Residential Overlay District may be approved as subdivisions per Section 3.9 provided they comply with the standards established by the Southwest Area Plan, as follows:

TABLE 4.4.2: BASE DENSITY OPTION: CONVENTIONAL SUBDIVISIONS WITHIN THE CONSERVATION OVERLAY DISTRICT
Conservation Residential, Low Density (LCR)
Permitted Yield	Key Standards		Minimum Lot Size (Sq.ft.)	Housing Product
1.0 Units per acre, gross	Roadway Setback = 50 feet (See Note [1])		40,000 (See Note [2])	Single-family, detached
Conservation Residential, Very Low Density (VLCR)
0.5 Units per acre, gross	Roadway Setback = 50 feet American Tobacco Trail (ATT) buffer= 50 feet (See Note [3])	80,000 (See Note [2])		Single-family, detached
Rural
0.5 Units per acre, gross	Roadway Setback = 50 feet American Tobacco Trail (ATT) buffer= 50 feet (See Note [3])	80,000 (See Note [2])		Single-family, detached
NOTES: [1] Roadway Setbacks along collectors and thoroughfares identified in the Thoroughfare Element of the Comprehensive Transportation Plan. [2] All other lot dimensional standards shall be in accordance with LDO Table 6.1.1. [3] Buffer shall function as visual separation between public trail and private property; it shall contain native plant material, supplemented where necessary with deciduous and evergreen trees to provide an opaque screen for the benefit of trail users and adjoining property owners.

(2) Density Bonus Option

Subdivisions within the Conservation Residential Overlay District may increase their development yield by preserving open space and employing the incentive measures described in Section 4.4 of the Southwest Area Plan, Density Bonus Provisions to Encourage Preservation of Open Space.

Standards for conservation subdivisions utilizing this option are shown as follows:

TABLE 4.4.3: DENSITY BONUS OPTION: CONSERVATION SUBDIVISIONS[1] WITHIN THE CONSERVATION OVERLAY DISTRICT
Conservation Residential, Low Density (LCR)
Permitted Yield	Key Standards	Minimum Lot Size (Sq.ft.)	Housing Product
Maximum – 2.5 Units per acre, gross	Roadway Setback >50 feet (see Note [1]) Use of Low-Impact Development Techniques (LID) (see Note [5]) Preservation of contributing structure within the Green Level National Register Historic District (see Note [3]) Preservation of Upland Forest (see Note [6]) Additional buildable open space	10,000 (See Note [2])	Single-family, detached; attached (attached units, semi-detached and detached patio dwelling units shall not exceed 20% of development yield) (See Note [7])
Conservation Residential, Very Low Density (VLCR)
Maximum – 1.0 Units per acre, gross	Roadway Setback >50 feet (see Note [1]) American Tobacco Trail (ATT) buffer >50 feet (See Note [4]) Use of Low-Impact Development Techniques (LID) (see Note [5]) Preservation of Upland Forest (see Note [6]) Additional buildable open space	20,000 (See Note [2])	Single-family, detached
Rural
Maximum – 0.67 Units per acre, gross	Roadway Setback >50 feet (see Note [1]) American Tobacco Trail (ATT) buffer >50 feet (See Note [4]) Use of Low-Impact Development Techniques Preservation of Upland Forest (see Note [6]) Additional useable open space	60,000 (See Note [2])	Single-family, detached
NOTES: [1] Roadway Setbacks along collectors and thoroughfares identified in the Thoroughfare Element of the Comprehensive Transportation Plan. [2] If a parcel contains regulatory stream buffers comprising greater than 20% of the parcel, applicants may employ the Density Bonus Provisions and reduce lot sizes to a minimum of 8,000 sq.ft. For parcels containing stream buffers that comprise greater than 30% of the parcel, applicants may employ the Density Bonus Provisions and reduce lot sizes to no less than 6,000 sq.ft. Reduction in lot size will be calculated incrementally until the maximum permitted yield or minimum lot size is achieved, whichever occurs first. All other lot dimensional standards shall be in accordance with LDO Table 6.1.1. For LCR lots, all dimensions other than minimum lot size shall conform to R-12: Residential District standards. VLCR and Rural lot dimensions shall conform to R-20 and R-80: Residential District standards, respectively. [3] Refers to primary contributing structure on the site, such as the main farmhouse, as identified in the Green Level Historic District National Register Nomination document. Must be surrounded by at least 1 acre of contiguous open space. [4] Buffer shall function as visual separation between public trail and private property; it shall contain native plant material, supplemented where necessary with deciduous and evergreen trees to provide an opaque screen for the benefit of trail users and adjoining property owners. [5] The requirements of Section 7.3, Stormwater Management, shall be achieved using LID site planning and techniques or a combination of LID and conventional storm water management practices. The goal of LID is to develop site design techniques, strategies, and BMPs to store, infiltrate, evaporate, retain, and detain runoff on the site to more closely replicate pre-development runoff characteristics and to better mimic the natural and unique hydrology of the site thereby limiting the increase in pollutant loads caused by development. The selection of these strategies and techniques for compliance with Section 7.3 is at the applicant’s discretion and shall be detailed in the site plan. [6] Upland forest refers to the Mixed Upland Hardwoods plant community type identified in the Open Space and Historic Resources Plan. [7] These dwelling units (including patio dwellings, duplexes, subdivided attached, semi-attached, and townhouse developments) shall comply with Density and Dimensional Standards for Transitional Residential (TR) and Multifamily Residential Districts set forth in Table 6.1.1. of the LDO.

(3) Standards for Additional Preserved Open Space

Use of the Density Bonus Option requires preserved open space beyond the required streetscapes, perimeter buffers, and stream buffers. The following standards apply to the additional open space preserved under the Density Bonus Option:

(a) Primary Open Space: The classes of Primary Open Space are listed as follows in order of priority:

1. Streetscape, beyond the required minimum;

2. Primary contributing structure within the Green Level National Register Historic District shall count as 1 acre of primary open space, provided that the structure is preserved and/or rehabilitated to the Secretary of the Interior’s Standards for Rehabilitation and when included within at least 1 acre of open space to preserve additional rural character features;

3. Frontage along the American Tobacco Trail, beyond the required 50 feet;

4. Upland forest (upland hardwood and mixed hardwood/conifer) that is contiguous to other Primary open space;

5. Greenway corridors, outside of jurisdictional stream buffers, that are part of the Town’s greenway master plan.

The priority order of Primary Open Space may be altered when, at the discretion of the Planning Director, it is determined that preservation of specific resources is most important for meeting the goals and objectives of the Comprehensive Plan.

(b) Secondary Open Space: Includes all other additional preserved open space not contiguous to Primary Open Space; for example, non-contiguous upland hardwood or mixed hardwood forest, wetlands, or other land adjacent to existing stream buffers or perimeter buffers.

1. Ten (10) additional housing units for every acre of Primary Open Space preserved.

2. Five (5) additional housing units for every acre of Secondary Open Space preserved

(4) Dedication and Maintenance

Applicants shall demonstrate compliance with Open Space uses, ownership and maintenance standards in Section 8.3.5 and 8.3.6 of the Land Development Ordinance. The town requires that all conservation areas preserved under the Density Bonus Option be placed in common open space. Covenants or easements for additional open space preserved under the Density Bonus Option shall be recorded with the Wake County Register of Deeds. This recordation shall occur prior to or in conjunction with any required plats or the issuance of a certificate of occupancy. The Planning Director may approve the use of other protective agreements that will ensure no adverse impacts to preserved open space.

(5) Road Standards

Subdivisions within the Conservation Residential Overlay District developed under Options (1) and (2) above may employ standards for Rural Collectors and Rural Thoroughfares as delineated in the Comprehensive Transportation Plan. Curb and gutter and sidewalks are not required for Rural Collectors and Rural Thoroughfares. Median curbs are permitted for Rural Thoroughfares, and the median may be landscaped with shrubs and bushes.

(6) Pedestrian Connectivity

Greenways, instead of sidewalks, will be utilized to meet Town objectives of pedestrian connectivity. Sidewalks are not required along rural collectors and thoroughfares identified in Section 4.4.5.(D).(3) above.

New developments within the Conservation Residential sections will contain adequate greenways and secondary access trails to ensure connectivity to the public greenway system. Construction of primary greenway trails is required at the time of development. Secondary access trails, which will essentially function as sidewalks, are also required as development occurs. Secondary access trails will be 8’ wide with an asphalt surface. Additional private trails within communities may be designed, installed and maintained to further enhance pedestrian connectivity.

[1] Conservation Subdivision Design principles are described in Technical Appendix 17 of the Open Space and Historic Resources Plan.