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HomeMy WebLinkAboutORD-2003-147 - Amend Section IV-B-3 (Streets) to consider requiring bicycle facilities, sidewalks, and common access points concurrent with development projects that abut or adjoin roadways with approved access management plans.ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 24, 2003 SUBJECT: Subdivision Regulations Amendment: IV -B -3. Streets 139 1 Action Agenda Item No. C.4.a DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): Ordinance Amending Orange County Subdivision Regulations 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 receive citizen comment on a proposed amendment to the Orange County Subdivision Regulations, IV-B-3 Streets, subsection IV-B-3-a. BACKGROUND: The Board of County Commissioners, on May 20, 2003, approved recommendations contained in the Joint Orange Grove Road Transportation Group (JOGRTG) Report and Access Management Plan, and authorized staff to pursue actions to implement the recommendations. The proposed amendment to the Orange County Subdivision Regulations, Section IV- B -3 -a, would require developers of land abutting a roadway for which the Board has approved an access management plan or similar corridor study to meet provisions recommended by such plans or studies. Elements of access management plans may recommend provisions to reduce conflict points such as driveway spacing, street design and alignment and /or provision of facilities for bicycles, sidewalks, and public transportation. Development Process, Schedule, and Action • Public Hearing November 24, 2003: No decision is made on the proposed amendments . by either the Planning Board or the Board of County Commissioners at the public hearing. FINANCIAL IMPACT: There is no immediate financial impact associated with this item. RECOMMENDATION(S): Planning Staff recommends APPROVAL of the proposed Amendment. Administration recommends referring the proposed amendment to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner than January 26, 2004. G \Comprehensive Planning Div \GENE\2003 Public Hearings \Nov 24 \Sweets (Access Mgt)N 1 24- 03_PH_absAoc 2 1=4 1 Bold Text = Proposed Language 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) by adding a new element, IV- B- 3 -a -1, to subsection IV -B -3 -a of the Orange County, NC, Subdivision Regulations to read as follows: IV -13-3. STREETS *IV- B -3 -a. *Amended 4/4/88 11/19/01 The provision of street rights -of -way shall conform to and meet the requirements of such adopted Comprehensive Plan for Orange County as may be recommended by the Planning Board and adopted by the Orange County Board of County Commissioners, from its date of adoption, including, where appropriate, reservation for or dedication of street rights- of -way for future transportation facilities proposed in the Comprehensive Plan. A subdivider shall not be required to provide or dedicate right -of -way for a proposed street to which access would be prohibited by any governmental agency. IV- B- 3 -a -1. Subdivision of land abutting a roadway for which- the Orange County Board of County Commissioners has approved recommendations from a plan or corridor study is subject to provisions of the approved corridor plan or study. The subdivider, in such cases, shall provide any improvements or other means to ensure construction recommended in such plan or corridor study, such as facilities for bicycles, sidewalks, and public transportation. The subdivider, in cases where the recommendations address access management, shall use design elements recommended in the plan or corridor study to reduce conflict points. In addition, policies prescribed in Phase V of the Access Management Awareness Project and Report, or other adopted studies or strategies, shall be considered during subdivision and site plan review to assess access management and other corridor design considerations. GZomprehensive Planning Div\GFNE12003 Public Hearings \Nov 24lStreets (Access Mgt) \STREETSN- B- 3_amendment.doc 142 3 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 anyway 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 G:\Gonvrehensive Planning Div1GENE\2003 Public Hearings \Nov 2AStreets (Access Mgt)\STREETSIV- B- 3_arrendment.doc Commissioner Jacobs made a correction to a typographical error on page 16, that was noted by staff. Commissioner Jacobs asked about the time of the application and if it was when they apply or in February. Craig. Benedict said that it was originally in February. but it is now at the Annual Telecommunications Projection Meeting at the end of January, Commissioner Jacobs said that. the best time to have a balloon test is when. there are no leaves on the trees. Craig.Benedict said that they have not gone as far as saying that they should do all of the balloon tests in the winter months.. They can tell of their intent in January but not submit until August: Noah Rannell said that there has been disc ussion.about towers helping farmers by locating sites on1arms and it can be a significant source of income for farmers. Craig Benedict said that there IS interest in the agricultural community-and they will need to develop a task force for this. He pointed out on a map the ,gaps in cove. rage. He said that any farmer can write to telecommunication providers and let them know that property is available. Commissioner Gordon asked why they are putting the agricultural below the commercial. Craig` Benedict said that agricultural was part of a public interest site along with fire stations and these were part of-the: MTP. Commissioner Gordon asked why they were not doing the MTP at this time. Craig Benedict said that the public hearing notice said that`they were using the MTP as a planning too[ for information purposes. There needs to be more communication on how the MTP would be used. He suggested that by the February public hearing that they get it all to and understand how an MTP can be used and how it is considered in the class :A special use process. Commissioner Jacobs said that if this went to public hearing by February and the application review is February 1 St, then they would lose a whole year of applications. Craig Benedict said that they would have to ask the County Attorney's office about whether a permit that has been filed` but not approved is subject to the new regulations. If that is the case, then they could capture a lot. Sean Borhanian said that there would not be vesting until there is a permit. Craig Benedict said that they could capture the 2004 amendments by getting the MTP straightened out in February. Commissioner Jacobs said that he would like to include in the public record that the Board's intent is to include this if possible. No public comment. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept the Administration's recommendation to refer the proposed amendments to. the Planning Board fora recommendation to be returned to the;BOCC` no sooner than January 2'6, 2004: VOTE: UNANIMOUS 4 Text Amendments to the Orange County Subdivision Regulations a. 0 3 -,/ -IJ 7 Craig Benedict said that they put together a study with the Orange Grove Road Access Management System and they created some generic policies that have a universal application. There are ten different concepts that they would like to incorporate into the subdivision regulations and use them as policy considerations. If the County puts together a corridor plan for a specific road in its jurisdiction and it is adopted by the Board, then it would be a mandate. This item gives the opportunity to pursue a Roadway Corridor Master Plan Access Management Plan. In the absence of a Corridor Plan, you have these guidelines to use When the County is reviewing even subdivisions that may be in rural areas. Commissioner Jacobs said that DOT says that it will enforce an Access Management Plan if we adopt one. He asked if this was strictly something that will apply on Orange Grove Road at this point. Craig Benedict said that at this point, it would apply to Orange Grove Road. The specificity now applies to Orange Grove Road because that was an approved plan. The County gives that plan to DOT and DOT and the County both enforce it. Commissioner Jacobs said that the proposed process sounds time and effort intensive. He said that it would be more ideal to develop a set of standards that could be applicable anywhere. He asked how to make this more applicable Countywide in a more expeditious manner without doing an intensive study of every corridor. Craig Benedict said that it is hard to have general standards in a specific project. He agreed that it is very time intensive. There could be an analysis of some specific corridors in the County (i.e., US 70 Bypass or 70 Business). He said that the Board can direct Staff to look at some areas that are important to the County. No public comment. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to accept the Administration's recommendation to refer the proposed amendment to the Planning Board for a recommendation to be returned to the BOCC no sooner than January 26, 2004. VOTE: UNANIMOUS Craig Benedict said that this is just an update to the final plat sign-offs. This involves such areas as removing registered land surveyor replacing with professional land surveyor, which is the nomenclature that is necessary; requiring additional information about what lots are under common ownership; having some additional disclosure statements about lands that are part of our Biological Inventory; requiring setbacks that are in excess of the minimum requirements to be noted on there so that anybody that purchases the property does not have to do some extensive title search to find out if there was additional conditions put on a subdivision; resolution of approval — it can be noted on the plat; maximum impervious area requirements; environmental health statements; and adding a new certification statement concerning the Adequate Public Facilities Ordinance. Commissioner Gordon made reference to number9, "Require that both major and minor subdivisions record final plats within 90 days of final Planning Staff approval. Right now it is minor plats recorded within six months and major plats recorded within one year." She said that it seems a little restrictive. She asked how many of these changes go beyond what is needed to implement the SAPFO'. Craig'' Benedict said that if the Board thinks 90 is too short they can provide alternatives. Commissioner Jacobs asked if they have to be same one. Sean Borhanian said that these certificates are now 90 days in the ordinance. The certificates were not amended properly at the time the ordinance was amended. Craig Benedict said that this was referring to other certificates on the plat page. Noah Rannell asked if there was any consideration given to the Lands Legacy. Craig Benedict said that some of the Lands Legacy lands, if they are a natural area, will be shown. If it is not a natural area, it will show Orange County as owner if the County purchased it outright. They are working through the GIS to note all conservation easements that are being accepted. A motion was made by Commissioner Jacobs,, seconded` by Commissioner Halkiotis to accept the Administration's recommendation to refer the proposed amendments to the Planning Board for a recommendation to be returned to the BOCC no later than February 17, 2004. VOTE: UNANIMOUS D. D. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn the meeting at 10:00 p.m. VOTE: UNANIMOUS Alice Gordon, Vice -Chair Donna S. Baker Clerk to the Board'