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Home My WebLink AboutORD-2003-115 Amendment to the Subdivision Regulations Regarding Street Access for Major SubdivisionsORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 16, 2003 cO/e�D Action Aged Item No. SUBJECT: Amendment to the Subdivision Regulations Regarding Street Access for Major Ci hrlivicinnc DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No ATTACHMENT(S): 1. Ordinance Amending Orange County Subdivision Regulations (Planning Board revision) 2. Ordinance Amending Orange County Subdivision Regulations (from Public Hearing) 3. May 27, 2003 Joint Public Hearing Minutes 4. August 6, 2003 Planning Board Minutes INFORMATION CONTACT: Craig Benedict, ext. 2592 Karen Lincoln, ext. 2594 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane (336)227 -2031 PURPOSE: To consider a proposed amendment to the Orange County Subdivision Regulations, Section IV- B -3 -b. BACKGROUND: Staff, at the May 27, 2003 Quarterly Public Hearing, presented a proposed change to the Orange County Subdivision Regulations to require that major subdivisions access paved public roads. The proposed amendment was then referred to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner August 19, 2003. The Planning Board voted 5 to 3 to approve a revised amendment. The revision requires major subdivisions of 13 or more lots to access a paved public road, and exempts major subdivisions of 6 to 12 lots that meet justification standards to provide private roads. Private roads are permitted in subdivisions having 12 or fewer lots provided the application meets private road justification requirements. Those voting against the revised amendment cited ease of understanding/ interpreting the ordinance. Currently, subdivision regulations require that "All subdivisions shall have at least one street which intersects with or joins a public, municipal street, or a public, State maintained street." Not all State maintained roads are currently paved. A major consideration in reviewing subdivision proposals is land suitability. The road providing access for the subdivision should be considered as part of the suitability of a parcel for subdivision since moderate to large developments can have a significant impact on the public transportation infrastructure. Orange County Subdivision Regulations (Appendix A) require paved public roads in subdivisions having more than 12 lots. To ensure a safe and coordinated street system, the road providing access to the paved subdivision road should be at least comparable to the same standard of construction as the subdivision roads. A public road that provides access to a major subdivision (six or more lots) should conform to current State standards for public roads, which 2 includes being paved. FINANCIAL IMPACT: There is no immediate financial impact associated with this item. RECOMMENDATION(S): Planning Staff Recommendation: Approval of the proposed Amendment presented at the Public Hearing. Planning Board Recommendation: Approval of the amendment with the exception that 6 —12 lot major subdivisions that meet private road standards may have access off an unpaved public road. Administration Recommendation: Approval of the amendment with the exception that 6 —12 lot major subdivisions that meet private road standards may have access off an unpaved public road. Bold Text = Proposed Language; Italic Bold Text = Planning Board Revision = Language Deleted; Underlined Bold Text = County Attorney Revision An Ordinance Amending the Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Subdivision Regulations are hereby amended as follows: (page 27) Amend Section IV -B -3 (Streets) subsection IV- B -3 -b. of the Orange County, NC Subdivision Regulations to read as follows: *IV- B -3 -b. *Amended 10/16/90 (eff. 12/3/90) 11119/01 All subdivisions shall have a coordinated street system with public or private streets that access a public, municipal street or a public, State maintained street. All Major subdivisions shall directly access a paved public, municipal street or a paved public, State - maintained road, with the exception that a major subdivision of 6 to 12 lots may take direct access from an unpaved public road provided the subdivision otherwise meets qualifications for private roads in the subdivision. A coordinated street system shall consider the following: (a) Public street rights -of -way shall abut adjacent properties as necessary to provide connectivity to the countywide transportation network; and (b) Lot access to streets serving the subdivision shall be limited in the case of streets that provide a link between two or more roads designated in the Comprehensive Plan as arterials or collectors. All subdivisions shall have at least one street which intersects with or joins a public, municipal street, or a public, State maintained street. 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 adopted. Upon motion of Commissioner Commissioner the day of , , seconded by the foregoing Ordinance was adopted this 2003. 1, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 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 Commissioners SEAL Bold Text = Proposed Language StFikethFGugh = Existing Language Deleted An Ordinance Amending the Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Subdivision Regulations are hereby amended as follows: (page 27) Amend Section IV -B -3 (Streets) subsection IV- B -3 -b. of the Orange County, NC Subdivision Regulations to read as follows: *IV- B -3 -b. *Amended 10/16/90 (eff. 12/3/90) 11/19/01 All subdivisions shall have a coordinated street system with public or private streets that access a public, municipal street or a public, State maintained street. All major subdivisions shall access a paved public, municipal street or a paved public, State- maintained road. A coordinated street system shall consider the following: (a) Public street rights -of -way shall abut adjacent properties as necessary to provide connectivity to the countywide transportation network; and (b) Lot access to streets serving the subdivision shall be limited in the case of streets that provide a link between two or more roads designated in the Comprehensive Plan as arterials or collectors. All subdivisions shall have at least one street which intersects with or joins a public, municipal street, or a public, State maintained street. 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 adopted. Upon motion of Commissioner seconded by Commissioner , the foregoing Ordinance was adopted this the day of , 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 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 Commissioners SEAL APPROVED 08/19/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD JOINT PUBLIC HEARING AGENDA May 27, 2003 The Orange County Board of Commissioners and the Orange County Planning Board met in joint session for a public hearing on Tuesday, May 27, 2003 at 7:00 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Vice -Chair Hunter Schofield and members Crauford Goodwin, Barry Katz, Sam Lasris, Renee Price, Noah Ranells, and Ted Triebel PLANNING BOARD MEMBERS ABSENT: Chair Nicole Gooding -Ray and members Jay Bryan, Howard McAdams, Rachel Preston, and Maria Tadd NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE C. PUBLIC HEARING ITEMS Chaired By Planning Board Vice Chair Hunter Schofield 2. Orange County Subdivision Regulations Text Amendments c. Amend Section IV -13-3. Streets, IV -B -3 -b to require that major subdivisions have access on a paved public road. Craig Benedict said that this amendment has to do with major subdivisions that are five lots or more, having access to a paved road and not just a dirt road. This would not be affecting the small subdivisions. He said that sometimes major subdivisions encroach upon a rural area that is not prepared for development. This provision would say that the major subdivision does not go forward until the right -of -way is available. Public Comment - none A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to accept the Manager's recommendation to refer the proposed amendments to the Plarming Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003. VOTE: UNANIMOUS I MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 AUGUST 6, 2003 4 REGULAR MEETING: 6:30 -9:30 P.M. 5 6 7 MEMBERS PRESENT: Jay Bryan, Chapel Hill at Large; Nicole Gooding -Ray, Chapel Hill at 8 Large; Craufurd Goodwin, Hillsborough Representative; Dr. Bang Katz, Chapel Hill at Large; 9 Sam Lasris, Chapel Hill at Large; Howard McAdams, Cheeks Representative; Renee Price, 10 Chapel Hill at Large; Hunter Schofield, Cedar Grove Representative; Theodore Triebel, Little 11 River Representative 12 13 MEMBERS ABSENT: Noah Ranells, Bingham at Large; Maria Tadd, Bingham Representative; 14 15 STAFF PRESENT: Craig Benedict, Orange County Planning Director; Tom Altieri, 16 Comprehensive Planning Supervisor, David Lentzer, Planner II; Eddie Kirk, Planner H; Karen 17 Lincoln, Transportation Planner; Dianne Reid, Economic Development Director 18 19 OTHERS PRESENT: Bill Bird (Developer), Forest Evans (sales for BB Walker), Steve Yuhasz 20 (Surveyor) 21 353 AGENDA ITEM ##9: ITEMS HEARD AT MAY 27, 2003 PUBLIC HEARING 643 iii Amend Subdivision Regulations Regarding Street Access for Major Subdivisions 644 Presenter: Karen Lincoln PURPOSE: To make a recommendation to the BOCC regar ling apxoposed amendment to the Orange C wVySub&&k Regulasions, Section IV- B -3 -b. BACKGROUND: Staff, at the May 27, 2003, Quarterly Public Hearing, presented proposed changes to the Orange County Subdivision Regulations to require that major subdivisions access paved public roads. The proposed amendment was then referred to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner August 19, 2003. Currently, subdivision regulations require that "All subdivisions shall have at least one street which intersect with or joins a public, municipal street, or a public, State maintained street." Not all State maintained roads are currently paved. A major consideration in reviewing subdivision proposals is land suitability. The road providing access for the subdivision should be considered as part of the suitability of a parcel for subdivision since moderate to large developments can have a significant impact on the public transportation infrastructure. Orange County Subdivision Regulations (Appendix A) require paved public roads in subdivisions having more than 12 lots. To ensure a safe and coordinated street system, the road providing access to the paved subdivision road should be at least comparable to the same standard of construction as the subdivision roads. A public road that provides access to a major subdivision (six or more lots) should conform to current State standards for public roads, which includes being paved. FINANCIAL IMPACT: There is no immediate financial impact associated with this item. RECOMMENDATION(S): Planning Staff recommends APPROVAL of the proposed Amendment. 645 646 Bold Text = Proposed Language 647 Str-ikethfough = Existing Language Deleted 648 649 An Ordinance Amending the Subdivision Regulations of Orange County 650 651 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF 652 ORANGE, NORTH CAROLINA, THAT THE SUBDIVISION REGULATIONS ARE 653 HEREBY AMENDED AS FOLLOWS: 654 655 656 (page 27) Amend Section IV-B -3 (Streets) subsection IV- B -3 -b. of the Orange County, NC 657 Subdivision Regulations to read as follows: 658 659 *IV- B -3 -b. 660 *Amended 661 10/16/90 662 (eff.12/3/90) 663 11/19/01 All subdivisions shall have a coordinated street system with public or private 664 streets that access a public, municipal street or a public, State maintained street. 665 All major subdivisions shall access a paved public, municipal street or a 666 paved public, State - maintained road. 667 668 A coordinated street system shall consider the following: 669 (a) Public street rights -of -way shall abut adjacent properties as necessary to 670 provide connectivity to the countywide transportation network; and 671 672 (b) Lot access to streets serving the subdivision shall be limited in the case of 673 streets that provide a link between two or more roads designated in the 674 Comprehensive Plan as arterials or collectors. 675 676 All subdivisions shall have at least one street which intersects with or joins a 677 public, municipal street, or a public, State maintained street. 678 679 NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners 680 that this Ordinance entitled "An Ordinance Amending the Subdivision Regulations of Orange 681 County" be adopted. 682 683 Upon motion of Commissioner , seconded by Commissioner 684 the foregoing Ordinance was adopted this the day of 685 , 2003. 686 687 I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North 688 Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the 689 proceedings of said Board at a meeting held on , 2003 as relates in any 690 way to the adoption of the foregoing and that said proceedings are recorded in the minutes of 691 said Board. 692 WITNESS my hand and the seal of said County, this day of , 2003. 693 694 695 Clerk to the Board of Commissioners 696 SEAL 697 698 Chair Gooding -Ray asked if a major subdivision consisted of 6 lots or more. 699 700 Karen Lincoln replied yes. All subdivisions must have access off a public road and NC 701 Department of Transportation has rights to maintain the street ditch to ditch if the State does not 702 own the right of way. 703 704 Craig Benedict said there have been a few cases when major subdivisions would meet the public 705 road standards - that they would have to pave the road within the subdivision and dedicate the 706 right of way - and then access an unpaved public road. This amendment would state that if the 707 public access road is unpaved and there is (State - owned) right of way, the developer would have 708 the option to pave the access road in order to have a major subdivision. If not, approval of the 709 subdivision would have to wait until right of way is dedicated and the road is paved. 710 711 Jay Bryan asked, with respect to the project that was in controversy regarding Arthur Minnis 712 Road, how that subdivision would have been affected by this amendment. 713 714 Craig Benedict answered that the developer would have been able to have the major subdivision 715 and pave that portion of Arthur Minnis Road since the road right of way for that section was 716 available (had been dedicated to NCDOT). 717 718 Howard McAdams asked if someone proposed a subdivision coming out an an unpaved road 719 where there was existing NCDOT right of way and they decide to pave only 400 feet on either 720 side of the access, would the subdivision be approved. 721 722 Craig Benedict answered that the road would have to be paved to the nearest existing paved 723 section. 724 725 Chair Gooding -Ray asked if it was possible for them not to have to pave the road in a major 726 subdivision. 727 728 Craig Benedict responded - if there were less than 12 lots. 729 730 Chair Gooding -Ray said that in this case they are required to pave the public road but then they 731 can have a dirt road. 732 733 Craig Benedict responded yes, if they met the private road standards. Directed to Nicole, she 734 would like a provision to meet the private road standards and have a dirt road and still access a 735 dirt road. 736 737 Chair Gooding -Ray answered yes. 738 739 Craig Benedict confirmed that when you get 13 lots, the road has to be paved because that is the 740 code. If that is the recommendation of the Board, it will be brought forward. 741 742 Renee Price asked if the developer paved the road who would maintain the road. 743 744 Karen Lincoln answered that DOT maintains all public roads whether they are paved or not. 745 746 Jay Bryan asked if there could be a paved private road. Craig Benedict answered yes. 747 748 Karen Lincoln said if you have a major subdivision of 6 —12 lots and then you have other 6 —12 749 lot major subdivisions accessing a public road, these add up so the public access road needs to be 750 to public road standards including being paved. 751 752 Chair Gooding -Ray noted that all subdivisions with up to 12 lots can have private unpaved roads 753 and should be excluded from the proposed requirement. 754 755 MOTION was made by Howard McAdams to accept these recommendations with the 756 stipulation that you meet the private unpaved standards that you do not have to pave the public 757 road. Barry Katz seconded this motion. 758 VOTE: All ayes except Jay Bryan, Craufurd Goodwin and Renee Price. 1042 1043 Tina L. Owen, Minutes Preparer O R•� - goo 3 -11� Commissioner Gordon asked the staff to mark the amended areas on the abstract. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the Notice of Public Hearing for October 15, 2003. VOTE: UNANIMOUS 9. ITEMS FOR DECISION -- REGULAR AGENDA a. Employee Health Insurance Renewal for 2004 The Board was to consider renewal of employee health insurance plans through the North Carolina Association of County Commissioners (NCACC) Health Insurance Trust and CIGNA effective January 1, 2004 including continuing the dependent subsidy at 52 percent. DEFERRED b. Amendment to the Subdivision Regulations Regarding Street Access for Maior Subdivisions The Board was to consider a proposed amendment to the Orange County Subdivision Regulations, Section IV- 13-3 -b. DEFERRED c. Amendments to Open Space Standards for Flexible Development Subdivisions The Board was to consider closing the public hearing and consider proposed amendments to the Open Space Standards in subdivisions following the Flexible Development option as proposed by Administration, Planning Board, and Planning Staff. DEFERRED d. Mill Creek II Subdivision (Section Two) — Preliminary Plan The Board was to consider the Preliminary Plan for Mill Creek II Subdivision (Section Two) in accordance with the Resolution of Approval for Administration, Planning Board, and Planning Staff. DEFERRED A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the September 16, 2003 meeting until 1:00 p.m. on September 17, 2003 at the Government Services Center in order to have a conference call on whether or not to postpone the Public Hearing on the HSUS Animal Shelter Study (scheduled for September 18, 2003) to a later date due to the possibility of inclement weather due to Hurricane Isabel. VOTE: UNANIMOUS CONFERENCE CALL MEETING SEPTEMBER 17, 2003 1:00 P.M. COMMISSIONERS PRESENT: Stephen Halkiotis