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A. Purpose:

  1. The purpose of this chapter is to provide a mechanism that permits short-term acreage development in portions of the Douglas County planning jurisdiction that will receive urban services within a relatively long-term future, including, but not limited to, those areas identified as Urban Reserve in the County's Comprehensive Plan.

    It is intended to allow property owners the opportunity to realize a reasonable return on their property and to accommodate a continuing demand for acreage development in Douglas County, without obstructing future urban development. The BTA Overlay District allows owners to develop a portion of their property with low-density residential development, while reserving the majority of the property for future long-term development with urban services. It also provides for the eventual transition of the previously developed acreage subdivision to higher densities with the extension of urban services.
  2. The BTA District is intended to be a zoning overlay district, and will generally be used in combination with the AG Agriculture zoning district.

B. Application:
New subdivisions within the BTA Overlay District shall be developed according to the regulations set forth in this chapter.

C. Development as Planned Developments:
All new subdivisions developed under this chapter shall be developed as PD-1 Planned Developments, in accord with the provisions and requirements of this Section.

D. Minimum Site Size for Applications in the BTA Overlay District:
The minimum site size of an application for a new residential development utilizing the BTA Overlay District is 40 acres, except as provided below.

E. Permitted Uses:
Uses permitted in a BTA Overlay District are those permitted in the underlying zoning district.

F. Acreage Development on Parcels: Limitations and Minimum Lot Sizes:
A development parcel in the BTA Overlay District shall be divided into two components: an Acreage Component and an Urban Reserve Component. The Acreage Component may be subdivided into residential lots consistent with the comprehensive plan. The Urban Reserve Component shall be reserved and maintained as a single parcel until such time as urban utilities, defined as municipal sanitary sewer and water utilities, are available to serve the parcel.

  1. The Acreage Component may comprise a maximum of 25% of the area of the development parcel if the subdivision utilizes on-site wastewater systems, by which each individual lot maintains an independent, self-contained device for collection and disposal of wastewater. The minimum size of any residential lot created by such a subdivision shall be 3 acres.
  2. The Acreage Component may comprise a maximum of 15% of the area of the development parcel if the subdivision utilizes a community wastewater system, by which wastewater is collected from each lot and connected to a central point for disposal and/or treatment. Community lagoon and mound systems are not permitted. The maximum gross density of any such residential development within such a subdivision shall be one unit per acre. The gross density is determined by dividing the acreage component area by the number of proposed units.

G. Development Bonus for Preservation of Natural Environmentally Sensitive Areas:

  1. An additional 5% of the area of the development parcel may be used for the Acreage Component if the subdivision provides for the permanent reservation of Primary and Secondary Conservation Areas, as defined by Article 7. Qualifying areas may also include degraded natural areas that the applicant will fully restore, provided that the applicant demonstrates a high likelihood for successful restoration of the area and a commitment of resources sufficient to fully restore and maintain the area. Such restoration shall commence prior to beginning development on the additional area of land permitted by this bonus to be included in the Acreage Component.
  2. In order to qualify for a bonus under the natural environmentally sensitive areas provision, the following requirements must be satisfied:

    1. The bonus, if granted, will not degrade the natural environmentally sensitive area. Appropriate buffers shall be provided to ensure that such degradation does not occur; and
    2. The natural environmentally sensitive area shall be accessible to residents of the subdivision, and may also be accessible to the public, for very limited passive recreation uses.
    3. The land shall remain undeveloped and preserved, and protective covenants, conservation or preservation easements, or other similar restrictions of record are in place to expressly prohibit any change in use of the area for a period of at least 99 years.

H. Form and Elements of the Development Plan within the BTA Overlay:
All new residential developments in the BTA Overlay District must be approved as a binding development plan or development agreement, subject to the provisions and requirements of this Section. All applications for preliminary and final plats shall also follow the requirements and procedures set forth by the Douglas County Subdivision Regulation. In addition to these requirements, the planned development and subdivision applications in the BTA district shall include the following elements:

  1. An Urban Framework Master Plan for the Urban Reserve Component of the development parcel. The Urban Framework Master Plan is a component of the PD-1 application, and establishes the major systems that serve the overall development, documenting the relationships between the acreage plat and ultimate urban development of the Urban Reserve Component. The Urban Framework Master Plan indicates:

    1. The layout of arterial and collector streets on the site. These will typically include streets approximately on half section lines, along with connections to adjacent parcels.
    2. Major infrastructure lines, including water distribution, sanitary sewers, and storm sewers.
    3. A stormwater management plan, indicating general grading concepts and directions, stormwater retention and detention structures, storm sewers and all BMPs and LID techniques proposed to be used, consistent with the Comprehensive Plan.
    4. Easements and dedications for all major utility services.
    5. Proposed parks, open spaces, trails, and greenways.
    6. Resource conservation or preservation areas, including wetlands, wooded areas, streams and waterways, and other features that will be maintained and incorporated into future development concepts.
    7. An intent statement on the Master Plan that the ultimate objective is the development of the Urban Reserve Component to urban density, with a gross residential density of no less than four units per acre on the portion of the site that is developed for residential purposes.
    8. The Urban Framework Master Plan may propose a land use plan, displaying the location and relationship of various uses, but such a plan is not a requirement for approval.
  2. A BTA Development Agreement that establishes the respective obligations and commitments of the parties to the development, including Douglas County and the developer/applicant. The Development Agreement shall include, but not be limited to, the following provisions:

    1. A plan for funding infrastructure costs for the implementation of the transition plat, including the establishment, terms, and administration of any internal or private financing mechanism to fund all or part of such costs.

      These include costs related to street improvement to urban design standards set forth by the Douglas County Subdivision Regulations; transition from private community or on-site wastewater systems to municipal sewer systems; transition from individual, private, community, or rural water supply to municipal water supply, including applicable reimbursement to any rural water district; and modifications of stormwater management systems to comply with the Douglas County Regulations.
    2. Waiver of the right to protest assessment of any infrastructure costs related to the transition to urban services.
    3. Commitment to file deed covenants or restrictions that disclose the reservation of the Urban Reserve Component for future urban development and the future obligations and commitments included in the BTA Development Agreement, including waiver of the rights to protest assessments related to the costs of urban conversion or eventual annexation by a Douglas County municipality.
  3. In the acreage development, drafts of deed covenants that will be filed on all lots in the Acreage Component, disclosing to all owners that the Urban Reserve Component is reserved for future urban development, consistent with the approved PD-1 Plan; and disclosing the future obligations, including waiver of protest rights, contained in the subdivision agreement.

 



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