The resolution could allow increased density everywhere in Unincorporated Hamilton County. It also deletes or changes statements related to floodplains, stormwater and emergency services.
The resolution could make significant changes to Plan Hamilton which consists of five area plans that will guide growth. The resolution includes the Home Builders Association and Realtors Association requested changes to the area plans.
Commissioner Lee Helton presented a chart at last Wednesday's County Commission that uses comparisons to Zoning Regulations which are separate from the Plan. Any comparisons should have been made between the Plan and the Plan Changes in his Resolution.
The chart:
Claims R-1 would be reduced from seven housing units per acre to five per acre, but that's not in the Resolution.
Claims A-1 is reduced from two per acre to 1.5 per acre. But, that's only for septic. Sewer stays at two per acre.
Claims "Rezonings" are limited to every other month. But, that's not in his Resolution.
Doesn't include that, currently, infrastructure improvements are required for some rezonings.
Excludes that the current Plan has buffer and setback requirements, instead a comparison appears to be made to zoning regulations.
Compares the floodplain fill allowed in the resolution to the zoning regulations instead of the current version of the Plan. The Zoning Regulations allow 100 percent of the floodplain to be filled. The resolution allows 75 percent which makes it seem like a decrease. But the current version of the Plan allows 67 percent, The resolution increases the floodplain fill allowed from 67 to 75 percent. Residents want 0 percent floodplain fill.
Density Increases in the resolution not included in the chart --
The Countryside Residential Place Type, the lowest density residential Place Type in the Area plans, would increase from two housing units per acre to three per acre if the development is using sewers. That's a 50 percent increase. For decentralized sewage systems, density would increase from 2 to 2.75 per acre. That's a 37.5 percent increase. For septic systems density would decrease from 2 to 1.5 per acre. That's a 25 percent decrease. Overall, the density would increase for the lowest density residential Place Type in the Plan.
The Countryside Residential 2.5 Place Type allows 2.5 per acre. According to the resolution, this Place Type would be eliminated and the CR 2.5 areas would convert to the Suburban Residential Place Type (five per acre), if sewers are available. That's a 100 percent increase. If no sewer is available, the areas would convert to Countryside Residential (explained above).
This resolution could allow density increases everywhere in Unincorporated Hamilton County and could bring more runaway development without the infrastructure to support it.
What is the plan's effect on zoning? The plan designates a Place Type for every property in Unincorporated Hamilton County. If the property is currently zoned as A-1 that allows two per acre but the place type allows three per acre, the property owner can apply for an R-1 rezoning with a maximum density of three per acre. It's basically a rezoning fast pass if it aligns with the plan.
In this resolution plan changes would be allowed every month, alternating on each side of the river each month. That means rezonings could still occur every month. Rezonings that align with the plan could also occur every month.
Why have a plan if it can change that frequently? Residents asked for plan changes to only be allowed once a year, but compromised to twice a year. This Resolution does not even come close to a compromise.
The recent tragic flooding is a wake up call! Currently, Hamilton County allows 100 percent floodplain fill. The I-24 section that flooded is located in a floodplain that has seen recent floodplain development. When floodplains are filled, water is pushed to other areas which can make flooding worse and can result in higher, faster surges.
Residents asked for 0 percent floodplain fill/development. A compromise would be 50 percent. Plan Hamilton currently allows 67 percent. This Resolution would increase it to 75 percent. This is not a compromise and filling in the floodplain shouldn't be allowed.
Stricter regulations are also needed for the amount of stormwater created and released by developments. For example, a site releasing 1,000 gallons of stormwater before development can release 20,000 gallons after development as long as the hourly release rate remains the same. The extra volume can raise flood levels, and when a stormwater pond’s emergency spillway engages, it bypasses hourly release rate limits and releases water faster to protect the stormwater pond from overflowing.
This resolution also changes or deletes statements in the plan related to the floodplain, stormwater, and emergency services. A few examples are below with some comments.
The resolution would:
Delete -- "Prohibiting development in the floodplain ensures necessary storage of floodwaters," as development in floodplains is governed by current regulations" COMMENT - There are no current regulations that prohibit floodplain filling in Hamilton County.
Remove -- "These constraints dictate that residential and commercial density should remain low," to avoid requiring less density than permitted by Place Types." COMMENT -- The "constraints" mentioned in this statement refer to longer travel distances for fire and emergency services resulting in slower response times. Is higher housing density more important than emergency response times?
Delete -- "Lower density residential development patterns with large, clustered lots, setbacks from flood plain and roadways, and significant open Areas are recommended in this Area," COMMENT -- Requiring setbacks from floodplains can help prevent homes from flooding.
Remove paragraph which suggests rezoning to higher density only in incorporated areas with sewer and emergency services or at identified center Place Types, to avoid restricting development in unincorporated areas. COMMENT -- Shouldn't emergency services be considered before higher density development is allowed?
Delete the phrase "or be required to pay for regional solutions" from Policy 15.3.1 on Page 74 in Area 13, to avoid introducing requirements for developers to fund regional flood solutions. COMMENT -- The original sentence says, "The low lying nature of much of the terrain makes flooding a problem during storm events. New development should be required to provide engineered stormwater plans providing adequate detention area on property or be required to pay for regional solutions." Should the developer have to pay for regional flooding solutions if their development doesn't provide adequate stormwater detention? We say yes.
Please attend the County Commission meeting for the vote on Commissioner Helton's Resolution 825-18 on Wednesday, Aug. 20. Please call and email all of the County Commissioners to ask them to vote no.
Kim Helton