Loading...
HomeMy WebLinkAboutORD-2003-003 Major Subdivision and Rural Buffer Notification and Flexible Development Amendments3 ~~~ a _ ~o0 3 - do 3 a /1 ~/~3 oR gG An Ordinance Amending the Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Subdivision Regulations is hereby amended as follows: Section 1. SUBDIVISION REGULATIONS. Amend the definition of SUBDIVISION, MINOR (1) to read as follows: (1) Create more than five (S) lots, including the residual acreage, from any one (1) tract of land in any ten (10) year period; Section 2. SUBDIVISION REGULATIONS. Amend Section III-D-1 to read as follows: Concept Plan Approval Section 3. SUBDIVISION REGULATIONS. Amend the third paragraph of Section III-D-1-c to read as follows: Twenty-five (25) copies of a Concept Plan of the proposed major subdivision prepared in accordance with the specifications for Concept Plan drawings as contained in Section V-B of this Ordinance. A Concept Plan shall include the following: Section 4. SUBDIVISION REGULATIONS. Amend the first paragraph of Section III-D-1-d to read as follows: Upon receipt and acceptance of the Concept Plan application, the Planning Department shall schedule a Neighborhood Information Meeting (NIM) and mail notices of the meeting to each owner of property within 500 feet of the property proposed to be subdivided. Additionally, the staff shall place a sign on the property indicating the total number of lots proposed, the date, the time, the location of the NIM, and the Planning Department telephone number. The sign shall be posted on the property at least seven ('n days prior to the NIM. The NIM shall be held a minimum of 14 days prior to the Planning Board meeting at which the concept plan is scheduled to be heard. Notices of the NIM shall be mailed by first class mail at least ten (10) days prior to the date of the meeting. Section S. SUBDIVISION REGULATIONS. Amend Sections III-D-2, III-D-2a, III- D-2b, III-D-2c, III-D-2d and III-D-2e by deleting them in their entirety and reserving Section III-D-2 for future use. G:currentplann ing/robert/majorsubdivisionsup/ruralbufferflexibledevelopment 4 Section 6. SUBDIVISION REGULATIONS. Amend Section IV-B-10, Section B to read as follows: Section B APPLICABILITY All Flexible Development subdivision plats shall comply with the requirements and standards specified herein and in all respects with other applicable codes and ordinances to the extent that they are not in conflict with these provisions, provided, however, that Flexible Developments located within the Stoney Creek Basin Overlay District shall comply with provisions of Article 6.30 of the Orange County Zoning Ordinance and the Village Option for a Flexible Development cannot be located in the Rural Buffer ijRB) zoning district. Applicants seeking approval of a Minor Subdivision Final Plat by the Planning Department are encouraged to work with the Planning Department staff in identifying and preserving open space areas as part of such developments. Section 7. SUBDIVISION REGULATIONS. Amend the second paragraph of Section IV-B-10, Section E.l to read as follows: If the residential lots are proposed to be served by septic systems, the "Yield" plan shall show soil suitability for individual septic tanks by a preliminary soil suitability analysis performed in the field on at least 50% of the proposed lots with all of the proposed lots located on a map showing the location of soil types suited for septic systems based on the Orange County, N.C. Soil Survey. The soil suitability analysis and map shall be prepared by a Soil Scientist in consultation with the Soil Scientist of the Environmental Health Division of the Orange County Health Department. Section 8. SUBDNISION REGULATIONS. Amend Section V-A by deleting it in its entirety and reserving Section V-A for future use; amend Section V-B to read as follows: Concept Plan Section 9. This ordinance is effective upon its adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Subdivision Regulations of Orange County" be adopt Upon motion of Commissioner , seconded by Commis Toner ,the foregoing ordinance was adopted this the day of , 2002. G:currentpianning/robert/majorsubdivisionsup/ruralbufferflexibledevelopment 5 I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on February 24, 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this ~ day of 2003. Clerk to the Board of ommissioners ~\~4 ~% G: currentplanning/robert/majorsubdivisionsup/ru ralbufferflexibledevelopment Z ~~ ~~~~ ~~~ 0200 3 - o0 3 4C process for the park, fix the membership of the Concept Plan Review Committee, and authorize staff and the Clerk's office to begin recruitment. Commissioner Jacobs made two suggestions about the proposed committee. Instead of saying a member of Habitat for Humanity, he thought we were trying to get someone from Richmond Hills. He also suggested having an Efland-Cheeks Elementary PTA member. Commissioner Halkiotis and Commissioner Carey have already volunteered to serve on this committee. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to approve the proposed mission and process for Efland-Cheeks Park, Phase II; fix the membership of the Concept Plan Review Committee (Commissioner Halkiotis and Commissioner Carey); and authorize staff to begin recruitment for the Concept Plan Review Committee, to be appointed in March. This also includes the changes as suggested by Commissioner Jacobs above. VOTE: UNANIMOUS c. Maior Subdivision and Rural Buffer Notification and Flexible Development Amendments The Board considered an amendment to the County's subdivision regulations to allow flexible development guidelines to be applied in the rural buffer zoning district, enhance the notification procedures by requiring that an informational sign be placed on major subdivision proposals in the County's planning jurisdiction, and increasing, at the concept stage, the percentage of lots that requires soil analysis. Craig Benedict summarized the information in the agenda. The new proposal requires notification and a neighborhood information meeting on all subdivisions within the County's jurisdiction, and it also includes a sign to be posted on the property announcing that a subdivision is in process. Also, flexible development has been added to the rural buffer in two of the mechanisms -conservation cluster option and the estate option. Another area that is suggested to be changed is the percentage of soils that must be checked to see the feasibility of septic systems. The suggested change is from 15% to 50% to find out if soils are suitable. This investigation should be done during the concept plan stage. Commissioner Gordon verified that the change in percentage applies to all lots and not just the rural buffer. She also verified that the flexible development changes were for major subdivisions. Commissioner Jacobs asked if the Board of County Commissioners could still choose the option for flexible development after the Planning Board. Craig Benedict said yes, to his knowledge. He deferred to the County Attorney. Geoff Gledhill said that his recollection is that there is an appeal to the County Commissioners from a decision about whether or not the option is flexible or conventional. This decision is made at the preliminary plan stage and it can be appealed by the owner of the property to the Board of County Commissioners. If the County Commissioners do not like the option selected, he thinks that the response is to send it back to the Planning Board to start over again. Commissioner Jacobs said that as someone who has criticized the rural buffer for failing to provide any open space, he would like to congratulate staff on its creativity and responsiveness. He thinks this is a big improvement. He said that he believes that we are being responsive to the citizens that the Board has heard regarding the rural buffer. The citizens have repeatedly said in recent years that they want the rural character to be preserved in their area and they want open space. A motion was made by Commissioner Jacobs, seconded by Chair Brown to approve the amendments to the subdivision regulations to 1) allow flexible development guidelines to be applied in the Rural Buffer Zoning District; 2) enhance the notification procedures by requiring an informational sign to be placed on major subdivision proposals in the County planning jurisdiction prior to Neighborhood Information Meetings; and 3) increase, at concept stage, the percentage of lots that requires a soil analysis by a soil scientist. VOTE: UNANIMOUS d. Appointments 1) Human Relations Commission The Board considered two appointments to the Human Relations Commission.