(A) Introduction. The purpose of this section is to allow for the usage of density credits in association with the dedication of road right-of-way. The Thoroughfare Plan of the Gaston Urban Area shows the location of existing and proposed thoroughfares in the Dallas area. Per G.S. § 136-66.10, dedication of right-of way in conformance with the Thoroughfare Plan, may be required by a local government. In association with such dedication, G.S. § 136-66.10 also permits local elected bodies to grant density credits. Such right-of-way dedication and the allowance of density credits is viewed as a means of fostering the orderly, timely, and cost-effective development and/or improvement of thoroughfares in the Dallas area.
(B) Definitions.
(1) For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DENSITY CREDIT. The potential for the improvement or subdivision of part or all of a parcel of real property as permitted under the terms of this chapter.
FUNCTIONAL DESIGN. A preliminary roadway design shall be approved by the Board of Aldermen on a topographic map at a scale no smaller than one inch equals 200 feet (1" = 200') showing the horizontal width, centerline and typical cross-section for a proposed roadway. Cross-sections shall show roadway and lane width, and right-of-way width, and may also show utility easements, and other roadway improvements that describe the final appearance of the road (i.e., sidewalks, tree plantings, bikeway facilities, etc.). Typical cross-sections should be based on NCDOT recommended street designs. All functional designs are maintained at the Metropolitan Planning Office facilities located in the Gastonia City Hall and are available for public inspection during normal business hours.
THOROUGHFARE PLAN. The version of the Thoroughfare Plan of the Gaston Urban Area most recently adopted by the Board of Aldermen.
(2) The following terms are to be used in computing and applying density credits:
A1 = Entire area of land to be dedicated for thoroughfare right-of-way purposes if direct access to such thoroughfare by abutting lots from the tract in question is not permitted.
A2 = lf direct access from abutting lots (on the tract in question) to the thoroughfare is allowed, the difference between the area of land dedicated for right-of-way purposes.
B = Area of tract prior to right-of-way dedication.
C = A- (A1 of A2), (i.e., land in tract remaining after dedication is made).
D = Minimum lot size requirement prior to application of density credit bonus.
E = Minimum lot size after application of density credit bonus (A1 or A2/B x D).
F = Maximum multi-family units per acre without density credit bonus.
(C) Right-of-way dedication.
(1) Per G.S. § 136-66.10, density credits may be granted by the Board of Aldermen whenever right-of-way dedication, in accordance with the Thoroughfare Plan, is required for a tract of land located within the planning jurisdiction of the town, and such tract is proposed for subdivision or use of land pursuant to a zoning permit.
(2) Right-of-way dedication may be so required by the Board of Aldermen in situations where land subdivision is not involved, if the Board of Aldermen determines that:
(a) Said dedication does not result in the deprivation of all reasonable use of the original tract; and
(b) The dedication is reasonably related to the traffic generated by the proposed use of land, or the impact of the dedication is mitigated by other measures including the use of density credits, as herein prescribed, on contiguous land owned by the sub-divider.
(3) (a) If the full width of the thoroughfare for which land is to be dedicated is completely contained within the tract of land to be used or developed, up to 100% of the right-of-way needed to construct or enlarge the thoroughfare on that tract shall be provided.
(b) If a portion of such thoroughfare is located on the property proposed to be subdivided or developed, the corresponding proportion of land on that tract may be required to be dedicated.
(4) Dedication of land, as provided herein, shall be offered to the public. Proof (in the form of an instrument having been recorded in the Gaston County Deeds Office) of such dedication having been made shall be furnished to the Zoning Enforcement Officer prior to the issuance of any zoning permit.
(5) Any land so dedicated shall substantially be that as needed for the thoroughfare right-of-way in question as shown on the Thoroughfare Plan.
(D) Application of density credits.
(1) The usage of density credits shall be applicable on a particular tract only if approved by the Board of Aldermen.
(2) The amount of density credits granted by the Board of Aldermen shall be computed as follows:
(a) If the tract(s) which abuts the proposed thoroughfare, or lots created from said tract which abut the thoroughfare, will be able to directly access the thoroughfare, density credits will be computed only for that area of land dedicated (per the Thoroughfare Plan). Irrespective of the above, the Board of Aldermen shall have the authority to issue density credits based on the full right-of-way width, having determined that the proposed road location will significantly aid in the flow of traffic both in the immediate vicinity and throughout the community.
(b) If the tract(s) which abuts the proposed thoroughfare, or lots created from said tract which abut the thoroughfare, are not permitted access or are otherwise unable to access the thoroughfare, density credits are to be calculated using the full-width of the right-of-way dedication area.
(3) The result of the application of density credits shall be to allow for a level or intensity of development above that which would normally be allowed in the underlying general zoning district and the creation of lots which may be smaller in area that otherwise called for in the underlying zoning district.
(E) Density credit calculations.
The following formulae shall be used in calculating the additional amount of development allowed using density credits:
(1) Single-family (including lots containing individual manufactured homes) and two-family lots.
(a) The density credit bonus is derived by dividing the area dedicated for thoroughfare right-of- way purposes (A1) or (A2) by the area of the entire tract and then multiplied by 100 [(A1 or A2)/B x 100]. The ensuing figure may be used on a percent-by-percent basis to reduce the minimum lot size by up to 25%. Irrespective of the use of density credits, all yard, height, parking, and setback requirements as stated in this chapter are to be observed.
(b) Additionally, all lots will either utilize a well and/or septic system or are located within the Watershed District must meet the minimum lot area, maximum density, and other standards prescribed by the Gaston County Environmental Health Division or the Gaston County Watershed Administrator. (Refer to Figure 1 for an illustrative example.)
Figure 1: Subdivision
Note: Drawing not to scale
FACTS:
1. The tract has an area of 871,200 square feet (20 acres).
2. The area of the thoroughfare right- of-way = 100, 000 square feet.
3. Access onto the thoroughfare from the subdivision lots is not allowed.
4. Maximum allowable density credit = 0.25.
DENSITY CREDIT APPLICATION:
1. 100,000/871,200 = 0.115.
2. 0.115 is less than 0.25.
3. Minimum lot sizes can be reduced by up to11.5% for single- and two-family dwellings.
4. All applicable yard requirements must be met on each lot.
A subdivision is proposed for the above 20 acre lot. 100,000 square feet (or 11.5%) of the tract's area is taken up by the proposed thoroughfare right-of-way. Access from the subdivision lots to the thoroughfare shall not be permitted. Thus, the full density credit (100,000/871,200 or 0.115 is applicable.
The full density credit, 0.115, is below the maximum allowable (0.25). Thus, minimum lot sizes can be reduced by 11.5%.
(2) Two-family developments and any other developments where density is measured on a units per acre basis.
(a) The density credit bonus (A1 or A2/B) shall be multiplied by the maximum density level (F) in the underlying zoning district. The resulting figure is then added to F and then multiplied by C, the remaining developable land in the tract once the right-of-way dedication has been made. In no case may the subsequent density level be raised by more than 25% over that level which is normally allowed in the underlying zoning district. Irrespective of the use of density credits, all yard, height, parking, and setback requirements stated in this chapter are to be observed.
(b) Additionally, all lots that will either utilize a well and/or septic system or are located within the Watershed District must meet the minimum lot area, maximum density, and other standards prescribed by the Gaston County Environmental Health Division or the Gaston County Watershed Administrator. (Refer to Figure 2 for an illustrative example.)
Figure 2: Multi- Family
Note: Drawing not to scale
FACTS:
1. The tract has an area of 871,200 square feet (20 acres).
2. The area of the thoroughfare right- of-way = 100, 000 square feet.
3. Access onto the thoroughfare from the development is allowed.
4. Maximum allowable density credit = 0.25.
5. Normal maximum density = 10 units per acre.
DENSITY CREDIT APPLICATION:
1. One-half of the right-of-way area, 50,000 square feet, can be used towards the density credit bonus.
2. 50,000/871,200 = 0.057.
3. 0.057 is less than 0.25.
4. Minimum density of developable area (17.7 acres) can be increased by 5.7% (10 units/acre x 0.057= 10.57).
5. 17.7 X 10.57 units/acre = 187 units.
6. All applicable yard and parking requirements must be met.
A multi-family development is proposed for the above 20 acre lot. 100,000 square feet (or 11.5%) of the tract's area is taken up by the proposed thoroughfare right-of-way. Access from the tract up by the proposed thoroughfare is permitted. Thus, half of the right-of-way (50,000 square feet) is available for the density credit bonus. Thus, 50,000/871,200 = 0.057.
Normal zoning allows a maximum density of 0 units/acre. The allowable maximum density is 10 x 1.057 = 10.57 units/acre with the density credit. The amount of developable land (i.e., excluding the right-of-way) is 17.7 acres. Therefore, 17.7 x 10.57 = 187 multi-family units which can be built on the tract. The full density credit, 0.115, is below the maximum allowable (0.25). Thus, minimum lot sizes can be reduced by 11.5%.
(3) Non-residential developments.
(a) The area to be computed for the density credit shall first be determined (A1 or A2). Such area may be used to reduce the number of required off-street parking spaces at a ratio of one off-street parking space reduction per 330 square feet of available density credit area. In no case may the number of off-street parking spaces be reduced by greater than 10% over that which is normally required. All other applicable provisions of this chapter shall be observed.
(b) Additionally, all lots that will either utilize a well and/or septic system or are located within the Watershed District must meet the minimum lot area, maximum density, and other standards prescribed by the Gaston County Environmental Health Division or the Gaston County Watershed Administrator (Refer to Figure 3 for an illustrative example.)
Figure 3: Office Development
Note: Drawing not to scale
FACTS:
1. The tract has an area of 871,200 square feet (20 acres).
2. The area of the thoroughfareright- of-way = 100, 000 square feet.
3. Access onto the thoroughfare from the development is allowed.
4. The proposed commercial development normally requires 200 off-street parking spaced
5. The density credit can be used to reduce the required number of off-street parking spaces by one space per 330 square feet of available density credits.
DENSITY CREDIT APPLICATION:
1. One-half of the right-of-way area, 50,000 square feet, can be used towards the density credit bonus.
2. 50,000/330 = 151.5.
3. Parking spaces can be reduced by on greater than 20 spaces (10% of 200).
4. To maximize the use of density credits, a large building could be developed on-site, so long as all applicable yard requirements were meet.
An office development is proposed for the above 20 acre lot. 100,000 square feet (or 11.5%) of the tract's area is taken up by the proposed thoroughfare right-of-way. Access from the development to thoroughfare is permitted. Thus, half of the right-of-way (50,000 square feet) is available for the density credit bonus. Thus, 50,000/871,200 = 0.057.
Normal zoning requires this building to have 200 off-street parking spaces. The available density credit, 50,000 square feet, can be used to reduce the number of parking spaces by up to 20 (i.e., 10%). Use of the full available density credit will not be made. The developer may wish to build a larger building to make full use of the density credits.
(Ord. passed 5-11-1999)