HomeMy WebLinkAboutPH ORD-3003-032 Orange County Subdivision Regulations Text Amendmentsoo~
~
ORANGE COUNTY
BOARD OF COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING ITEM ABSTRACT
Meeting Date: November 25, 2002
~~~ ~~fZ~~'U,~~
Action Agenda
Item No. C.1.a-e & C.2.b
SUBJECT: Growth Management Amendments to Zoning Ordinance and Subdivision
Regulations
DEPARTMENT: Planning and Inspections
,., PUBLIC HEARING: (Y/N) YES
ATTACHMENT(S):
Ordinance Amendments ,~^
Planning Staff Report on Gro~th!~ontrols
INFORMATIO ~ONTACT:
Craig Benedict, la ning Director Ext 2592
Geoff Gledhill, ~iatity Attorney
John Link, County Manager, Ext 2300 ~
TELEPH` NE NUMBERS:
Hillsbc~ro~gh 732-8181
' Chapel HiIF 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To receive citizen comments regarding the proposed Growth Management
amendments to the Zoning Ordinance and the Subdivision Regulations that require major
subdivisions of property creating twenty (20) or more lots or consisting of twenty (20) or more
acres to follow a Class A Special Use Permit process.
BACKGROUND: On May 6, 2002, the Orange County Planning forwarded a letter to the Board
of County Commissioners regarding the need for additional growth controls in large residential
developments. During a joint BOCC/Planning Board meeting on June 6, 2002 there was
additional discussion of some of the challenges of large developments. On June 18th the
BOCC passed a resolution requesting that relevant issues and possible actions be researched
prior to further deliberation. A brief discussion at the August 29, 2002 work session laid the
groundwork for the September 3, 2002 BOCC meeting where an issues report was presented
by the Planning Director, County Manager and County Attorney. A copy of that report is
attached. After the presentation, the Board directed the Administration to prepare a Special
Use Permit approval process for large-scale residential development projects. These
amendments are the result of that di~ective.
There are no projects `in the pipeline' (i.e. at Preliminary Plan submittal stage) that would be
required to follow the proposed Major Subdivision Class A Special Use process. Additionally,
no project has been submitted for concept approval that would be required, by these proposed
amendments, to follow the Class A process. Therefore, the two-week turnaround originally
proposed for the amendments will not be necessary.
G:Robert/November2002PH/AbstractNOV2002
ooz
Staff proposes that the Ordinance Review Committee review and the Planning Board discuss
the amendments at their respective December 2002 meetings. Should any questions or issues
arise at the December Planning Board meeting, staff will have time to perform research prior to
the January 2003 Planning Board meeting when the Planning Board makes their formal
recommendation. This will allow the amendrnents to return to the BOCC for consideration at
their first meeting after the holiday break.
Subdivision Requlation Chanc~es:
z
A. Allows the Flexible Development Option (NOTE: Excludes the Village Option) to be used for
all major subdivisions located in the Rural Buffer, but only in accordance with.the Joint
Planning Area agreement and rules.
B. Amends Concept Plan application requirements for all major subdivisions within the
County's Jurisdiction ,
1. Maintains the notification process to adjoining property owners
2. Requires Planning Staff to post a sign on proposed subdivision a minimum of seven (7)
days prior to the Neighborhood Information Meeting (NIM)
a. States date, time and location of the NIM
b. States total number of lots
c. States the Planning Department Telephone Number
C. Raises the percentage of residential lots on the "Yield" plan to show soil suitability for at
least 50% of the potential lots rather that 10-15% as currently required.
D. Sets the new criteria for determining whether a proposed Preliminary subdivision is to be
processed as a Major Subdivision Class A Special Use or under other ordinance provisions.
Zoninq Ordinance Chanqes
A. Amends the Permitted Use Table by adding a use identified as Major Subdivision Class A
Special Use under both the H and S categories
B. Amends Table of Contents Article VIII to create a new Special Use identified as 8.8.29 with
corresponding subheadings and nomenclature identified in the proposed amendment.
C. New Special Use Permit performance criteria .
1. Professionally prepared Groundwater Yield Analysis for lots proposed on wells.
2. Certification from the respective governing body that controls access to public water
and public sewer connections that adequate service provision availability is in place.
3. In designated Transition Areas plans for sidewalks or pedestrian/bike lanes as part of
the public road design guidelines.
4. Requires a Resources Management Plan that shows a location within subdivision for
solid waste convenience center to serve the subdivision and where appropriate the
general area where the subdivision is located.
5. Requirement to demonstrate Open Space connectivity and accessibility to for all lots in
the subdivision and the concept of `borrowed open space' for all lots in the subdivision.
6. Written and graphic site analysis showing soils, depth t,p water table, slope, hydrology,
vegetation, natural areas and habitats of special concern, historic sites, etc. and an
analysis of views into and from the site.
7. Requires a biological inventory that identifies habitat diversity, species diversity, and
species of special concern such as those designated as threatened or endangered.
8. Protection of Existing Vegetation '
9. Storm Water Management Enhancement
G:Robert/November2002PH/AbstractNOV2002
.-._._._...._._._._...._._...~ .................„,-_.......,....«,,.,~.....,~.,.,..., :.~..o.~.,~.~.....a~:,.,,.,,::.,.~~,:..e:<..~a:a:.~<m.,:~~.:~.,~:::au~~a»> >;ao-u~naHta::ua~ ::e~,mt:~ss~s.acatn~s'
a,•.nz<r,~,:v: ~sanncaoa,,.._.,inS:i~h~';iti:~;aYi~t41:.~is1{1Siiic;:Ci„i;,!!?'?~cSiCiSd;sYi;~?SS~tY~ aiti1:~2.U^.kaRi\j
~ o ~
10. Mitigation Plan requirement when proposal to disturb environmentally sensitive areas
as identified in the biological inventory. ~
11. Requires water conservation that indicates how irrigation systems for both the common
ownership lands and individual lots adhere to conservation principles.
12. Requires use of xeriscaping principles.
13. Requires that Public Road Access be in accordance with a consistent, County-adopted
public road access management plan.
14. Reserves a section to insert a future-adopted regulation concerning `Crime Prevention
Through Environmental Design.
15. Requires Maintenance of Improvements as set forth in the Resources Management
Plan.
FINANCIAL IMPACT: There is no public financial impact associated with this item.
RECOMMENDATION(S): Planning Staff recommends Approval of the amendments.
_ Administration recommends that the proposed amendments be
referred to the Planning Board for a recommendation returned to
the BOCC no sooner than January 21 st, 2002.
G:Robert/November2002PH/AbstractNOV2002
~ V ~
005
Bold = Proposed Lunguage
Str~i/Eetkretegh = Deleted Language
An Ordinance Amending the Zoning Ordinance and 5ubdivision
Regulations of Orange County
Be it ordained by the Board of Commissione~s of Orange County that the Orange County
Subdivision Regulations and the Orange County Zonang Ordinance are hereby amended as
follows: ~
Section 1. SUBDIVISION REGULATIONS. Amend the definition of SUBDIVISION,
MINOR (1) to read as follows: .
-(1) Create more than five (5) lots, including the residual acreage, from any orie
(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 }~-fla1 ~~,,;.,,D i.atr+nt r F+t~ D 1 D .c~
>~~t.~ ui~~cc~ai-amz,,Z-
Section 3. SUBDIVISION REGULATIONS. Amend the third paragraph of Section III-D-1-
c to read as follows:
Twenty-five (~5) ~e~} copies of a Concept Plan of the proposed major
subdivision pr~pared in accordance with the specifications for Concept Plan
drawings as contained in Section V-B of this Ordiriance. A Concept Plan sha11
, ~ include the following:
Section 4. SUBDNISION 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 sha11 schedule a Neighborhood Information Meeting (NIM) and
mail notices of the meeting to each owner of properiy 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 (7) 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 sha11 be mailed by
first class mail at least ten (10) days prior to the date of the meeting:
Section 5. 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 aud reserving
Section III-D-2 for fitture use. _
Section 6. SUBDIVISION REGULATIONS. Amend Section III-D-3 to read as follows:
Preliminarv Plat A~ rn oval
oo~
Application and approval procedures specified in this Section ~e apply to
a11 Preliminary Plats: except and to the extent that applicable Orange
County Zoning Ordinance application and approval procedures pertain.
The applicant of a major subdivisiori not otherwise classi~ed as a Class A
Special Use may ' , ~
~e~e~e~ choose to vest the Preliminary Plat for a longer time period than is
otherwise provided by this Section. If he/she wishes to exercise this option, the
application approval procedures required for Class A Special Uses shall apply
as specified in Article 8 of the Orange County Zoning Ordinance for a Site
Specific Development Plan Special Use.
Those subdivisions of land which are, a Class A Special Use under this
Ordinance and under the Orange County Zoning Ordinance shall comply
with the requirements of the Orange County Subdivision Regulations and
the Orange County Zoning Ordinance.
A major subdivision consisting of twenty (20) or more acres of land and a
major subdivision creating twenty (20) or more lots are each Class A
Special Uses of the land subdivided under the Orange County Zoning
Ordinance. For the purpose of determining whether a major subdivision is
a Class A Special Use, the number of acres of lantl and the number of lots
created shall be determined by counting the cumulative acres subdivided
and the cumulative number of lots created on a tract or parcel of land as
the boundaries of the tract or parcel of land existed in the Land Records of
Orange County as of .
[the effective date of these Ordinance Amendments]
Section 7. SUBDIVISION REGULATIONS. Amend Section IV-B-10, Section B to read as
follows:
Section B APPLICABILITY
PhEi7F1Fl~P-T~Pi7P~A1tm.~nf ~ - --- ' ' 11 ' ~ ...~:,,1 .-~ ~ a:..,,._:_~- - `~--
r r ~..~,«~.~r~ ------
. ' µ•
RFP~7t-Y1ifls11'v R~.nt 1~~~ +]a~ ~,,.~u .,i ~..u ` n -
> > 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 tliey 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 (RB) zoning district. Applicants seeking
approval of a Minor Subdivision Final Plat by the Planning Department aze
encouraged to work with the Planning Department staff in identifying and
preserving open space areas as part of such developments.
QQ~
Section 8. SUBDIVISION REGI~L,ATIONS. Amend the second paragraph of Section N-B-
10, Section E.1 to read as follows:
,
~'v~~~-ft"[„irE.'~11~11 4nru nni~ aii'~ t~'1'~ 1 ,,.~F,. a... Cn---- -- --- -
ui S
~ / J
f
. ~~~~~~~ ~~..v .. LT,. 1+1. T .a.,,,; ~~
avia va 41V 11V ~
If the residential lots are proposed tct be served by septic systems, the `~Yield"
plan shall show soil suitability for in `dividual 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 9. SUBDIV~SION 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: Concebt PIan ~~--~ D, D~~
~ ~~~.
Section 10. ZONING ORDINANCE. Amend Table of Contents, Article VIII to add a new
Special Use entitled "Major Subdivision Class A Special Use," and to identify it
as Section 8.8.29 with corresponding subheadings and nomenclature as specified
in Section 14 of this Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County. ~
Section 11. ZONING ORDINANCE. Amend Permitted Use Table by adding new uses
identified as "H-15 Major Subdivision Class A Special Use" and "S59 Major
Subdivision Class A Special Use" with a requirement for a Class A S
ecial Use
p
permit in each zoning district including Residential Secondary Development Area
in th~ EDD Design Manual.
Section 12. ZONIl~TG ORDINANCE: Amend Section 6.18 as indicated on Exhibit A.
Section 13. ZONING ORDINANCE. Amend Section 6.29.3 to read as follows:
6.29.3 Desi~n Standards
The design standards applicable within Economic Development
Districts are divided into
two categories, Land Use Intensity PerFormance Standards and
D~esign Criteria. The Performance Standards establish "land use
intensity ratios," or ratios of construction to natural features as well
~ o o-~
as standards to eliminate or mitigate nuisances and undesirable
impacts on the environment. The Design Criteria establish
standards for landscape and architectural features, parking and
circulation, service and storage, and signs and lighting; i.e., how
the use "fits" the site a~d how it relates to the surrounding area.
The applicable design standards are contained in The Oranse
Countv Economic Development Districts Design Manual. The
requirements for a Major Subdivision Class A Special Use
pertain to residential subdivisious located in any Secondary
Development Area of an Economic Development District.
LL ~ f! .. ~ .~ A --1 _ i n~ ~ ~
~GTG'ZTI2
~XP~~Kl~rar~ LTa~-n..panr-rnt ' ~ 4'~1,,,a 7~1 /1 n ~.
t+ bLVVllL11VI
th~ ~^:~:~~£, n..a: . i,. i,... a •~,_ , ,
va asu `~
ll„ 71.f,. ,./ ~~
Qoc»t ~i'ic nc c •7 ~+1._ '4'
~ u --r -- ---- ----~., .... ..~... ..........~..
Section 14. ZONING ORDINANCE. Amend Article 8 by adding a new Special Use to read
as follows: ~
8.8.29 Maior Subdivision Class A Special Use
8.8.29.1 AdditionalInformation
In addition to the information required in Subsections 8.2 and
8.8 and the Orange County Subdivision Regulations, the
following shall be submitted as part of the application:
a) Stamped envelopes addressed to each owner of property ~
within 500 feet of the property proposed to be
subdivided. The names and addresses of property
owners shall be based on fhe current listing as shown in
the Orange County Land Records system.
b) The statement from the applicant indicating the
anticipated development schedule for the build out of
the project
c) If the residential lots are proposed to be served by
individual wells or community wells, a professionally
prepared groundwater yield analysis relating the
proposed wells to the U.S. Geological Surve Water
~ Resources Investigafions Report 00-4286 and any later
USGS Water Resource Investigation Report data
available.
4
0~ 0 9
. d) If the residential lots are proposed to be served by a
public water system, proof of water supply and service
availability in the form of a certified copy of a
resolution to that effect enacted by the governi.ng body
of the water system providi.ng the water to serve the lots
in the subdivision. If the residential lots are proposed to
be served by a pu•blic sewer system proof of public
, sewer service availability in the form of a certified copy
of a resolution to that effect enacted by ~the governing
body of the sewer system providing the sewer service to
the lots in the s~bdivision. If the residential lots are
proposed to be served by a community water and/or
. sewer system, proof thaf the system(s) will be operated
either directly by or through contract with the water
and/or sewer provider whose service area or interest
area, as defined in the.Water and Sewer Management,
Planning and Boundary Agreement, includes .the
subdivided land. ~
e) A traffic impact study as provided in Article 13 and
include in that study the need for public road
improvements both onsite and offsite that reIates to the
level of service of public roads that will be impacted by
the development.
~ If the subdivision is located in a Transition Area
designated as such on the Land Use Element of the
Comprehensive Plan, a plan for sidewalks or
pedestrian/bike lanes as part of the public roads using
where appropriate alternative North Carolina .
Department of Transportation design guidelines that
include pedestrian/bike lanes as part of the public road
system.
~ A Resources Management Plan showing the location
within the subdivision of~ a solid waste convenience
center(s) to serve the subdivision and where
appropriate the area in which the subdivision is located.
h) A plan which demonstrates open space connectivity,
open space accessibility to all lots in the subdivision and
the concept of °Gborrowed open space" availability to all
lots in the subdivision.
5
~~~
i) A written and graphic site analysis illustrating soils,
depth to water table, slope, hydrology, vegetation,
natural areas and habitats of special concern,
infrastructure and other manmade features, historic
and archaeological sites, and visual analysis of views
into and from the site.
j) A biological inventory which identifies habitat diversity,
species diversity, species of special concern such as
- those designated as threatened or endangered, last
known siting, candidate species likely to be present
which may warrant protection, speciunen trees
outstanding in size andlor species, and the status and
source of tlie information compiled in the inventory.
The biological inventory shall be accompanied by an ~
analysis describing habitat integrity, relationships
between habitats and to ecological communities offsite,
any existing threats to flora and fauna and potential for
habitat enhancement.
8.8.29.2 Standards of Evaluation
The following spec~c standards shall be used in deciding on
an application for this use:
a) The project meets all applicable design standards and
other requirements. of the Zoning Ordinance and tT~e
• Subdivision Regulations.
b) Fire, police and rescue services and water supply and
wastewater treatment methods are adequate to serve
the proposed use.
c) Habitats shall be identifaed and evaluated in the
biological inventory required by 8.8.29.1(k) and are
subject to the following:
(1) An undisturbed buffer is required around the
boundary of habitats of rare, threatened, or
endangered species as shown on the biological
inventory. Buffer width shall be determined by
site evaluation in consultation with the
applicanf's biologist and officials from the NC
Department of Agriculture and/or the NC
Department of Environment, Health and Natural
Resources;
6
~~~
(2) Habitat enhancements as described in the
biological inventory shall be made for a broad
range of species to help mitigate the loss of
wildlife habitat during construction. Examples
include preserving, planting, and maintaining a
variety of native vegetation (also dead trees and
snags); installing structures conducive for
nesting such as bird houses or bat boxes
designed and located for various species; or
creating wetlands;
(3) Conservation easements are required to protect
wetlands and other habitats while insuring
proper lon;-term maintenance; and
(4) Provide barriers or fencing, and signage at the
edge of habitat buffers to prohibit vehicular and
pedestrian access. Limited access may be allowed
if proposed in a sensitive manner for
environmental education purposes.
d) Landscaping and Buffers
1) Protection of Existing Vegetation
(a) Existing vegetation shall be preserved as
indicated on the approved landscape plan
in accordance with the provisions of ~
Article 12.2 of the Zoning Ordinance;
(b) Tree protection measures shall be
installed and maintained between all-
areas of disturbance and trees to be
retained as shown on the approved
landscape plan. A detail of the tree
protection barrier proposed shall be
included as part of the landscape plan
submitted with the application; ~
(c) Corridors connecting habitats identified
in the biologicaL inventory shall be
preserved along fence rows, streams,
buffers, or other wooded areas. If
destroyed during construction, such
7
~ 01~~
.~
connections shall be restored using
appropriate plant materials;
(d) Stream buffers shall be provided as per
Section 6.23.
(e) Trees and stumps cleared for roads and
building construction shall either be used
for timber purposes or shredded for
landscape mulch, composted, buried or
otherwise disposed of BUT NOT
_ BU~.2NED.
,
2) Parking lots and outdoor storage areas shall be
landscaped and screened as per the standards set
forth in Article 12;
3) Berms, fences and landscaping walls may be
used with plant materials for screening, provided
such features are designed and located in
harmony with other site features and functions;
4) To minimize visual impact by blending
architecture into the surrounding landscape,
foundation plantings are required at all
structures, including free-standing entrance
signs;
5) Use of xeriscaping principles.
e) Stormwater Management
1) No net increase in peak flow leaving the site from
the predevelopment conditions for the 1 year, 24-
hour storm;
2) The stormwater management system must
respect existing drainage patterns. Direct runoff
away from erosion-prone slopes. Paved paths
may be used to channel runoff;
3) Energy dissipaters such as rip rap aprons shall
be used where runoff is concentrated and
discharged, for example, at downspouts from
rooftops and storm drains at parking areas.
Runoff shall not be discharged directly into
8
f~1~
surface water, stream buffers or other
environmentally sensitive areas;
4) Concentrated stormwater, conveyed by ditches,
channels, pipes, swales or other conveyance
systems must be dispersed and diffuse flow
reestablished prior to discharge to a stream
buffer;
5) Nitrogen load contribution must be held to 3.6
lbs per acre per year.
fl Mitigation Plan
A mitigation plan is required when any wetland or
other environmentally sensitive area identified in the
biological inventory will be altered as a result of -
development of the subdivision or construction of
homes or other buildings and structures associated with
the subdivision. The mitigation plan shall include the
following:
1) An assessment of the ecological value of
resources that will be lost and a statement of how
that value will be replaced through mitigation;
2) A specific statement of the goals and objectives,
i.e., exactly what steps will be taken to
compensate for lost habitat, etc.;
3) Detailed descriptions in the form of grading
pIans, construction plans, and planting plans to
illustrate how the objectives will be carried out;
4) A monitoring and maintenance plan to measure
success of the mitigation based on stated
objectives. Include a list of parties responsible
for monitoring and maintenance, a schedule for
each, and how results will be reported to the
Planning and Inspections Department;
5) A plan showing how the site will be protected
from impacts by human and unwanted animal
intrusion, alternate plant species ~ and
construction methods that could. be used in the
9
I ..v..n.....w.......~_......~..:u..~+..u.a~a~~N.u.~.us~+....w..u.+..........~.•..e....+w..~..w..»w...u~az.uva~u~v.v.ui~w.~nasvtn.nav.ss.»uu~~ttwuKfcv.~eu~~x~p~iv.~~u.u•ss~xtt~t~ikitt4atlYiSVtitu:lUttS.~E.lialCNll\tlf.~wetitl~Y\1t111i1Yi1Ii1T\lllSiriS.lilt61;5:4lYilti)iIIYli41illl'.lYDiBi\ii:lUillli1tk11iv]:LilI~1t34JS6X6UlS:S1Z1.1C1S.;51i;~ilC?i.L=;Sliis3~ ~~:r1va4
0 ~ ~
event adjustments or substitutions are needed
until the mitigation area is established; and _
~ A fmancial guarantee is required for the total
cost of the mitigation project. Once the
~installation is complete, thirty percent (30%) of
the amount of the letter of credit or escrow will
be held for twelwe (12) months or until the site is
established, whichever is greater.
g) Drainage
1) All dra'~nage structures will be installed and
maintained according to the approved
Stormwater Management Plan.
2) Subdivisions that include retention/detention
ponds shall comply with the requirements in
Section 6.23.4, Operation and Maintenance of
Structural Best Management Practices.
h) Grading and Erosion Control .
1) Plans for grading and erosion control comply
with standards contained in the Orange County
Erosion and Sediment Control Ordinance and
Manual;
2) Construction is phased to the extent practical to
m~nimiye disturbance and sedimentation;
3) Sediment control measures will be properly
installed to filter sediment from runoff during
construction and maintained until grading is
complete and a permanent vegetative cover has
been established and all slopes stabilized; and
4) Permanent landscaping, groundcover, mulch,
etc. will be installed as soon as practical after
construction activities for each phase are
completed.
i) , Solid Waste Management
The Solid Waste Management Plan submitted as part of
the Resources Management Plan shall include the
io
.. ,._,..._ .......................~.,,..~.,.~,..,.......,.,...._.,_~.,.~,.,..,..........,.,,~,..,<.,.,..~.....a..>.....,.........e...u,.~.r..r.,..wu,,.,,.w.s..+.~....,.~u..m.mu.o...~xvu~i_~,..ev~..aw'a+:tut:'.u~
4~~
method(s) of disposal and recycling of construction
debris.
j) Irrigation
1) Irrigation systems for the subdivision and the
lots in the subclivision are designed and can be
operated according to a water conservation plan
described in the Resources Management Plan
submitted with the application; ~ ~
2) The Resources Management Plan shall identify
the source(s) of water to be used for irrigation,
the volume available for that purpose, and
expected consumptio~ rates. The system design
and plan for operation will be evaluated based
on efficiency; and
3) Water recycled from stormwater retention
ponds or treated sewage effluent is used for
irrigation where it is a legally permitted
alternative.
k) Habitat Maintenance
1) Habitats identified in the biological inventory
and habitats created through mitigation shall be
maintained in accordance with the Resources
Management Plan andJor a conservation
easement agreement; and
2) . Maintenance of habitats shall be minimal,
consisting primarily of maintaining buffers and
enhancements, `removal of exotic (non-native)
plant species, and keeping drainage ways
functioning properly.
1) Crixue Prevention through Environmental Design
(Reserved)
m) Public Road Access
Access to the subdivision and access to lots within the
subdivision to eacisti.ng public roads shall conform to
and be in compliance with any public road access
management plan adopted by Orange County.
11
Q~~
n) Maintenance of Improvements
All site improvements such as roads, utilities (including
irrigation and drainage structures), habitat
enhancements, recreational amenities, signage,
landscaping, etc. will ~e maintained in function and
appearance. Maintenance specifications, if any, for on-
going site management shall be submitted as part of the
Resources Management Plan.
Section 15. ZONING ORDINANCE. Amend Article 22, the Definitions section of the Zoning
Ordinance, to create a new definition for,Major Subdivision Class A Special Use.
The definition shall read as follows: ~'
Major Subdivision Class A Special Use - A major subdivision consisting of
twenty (20) or more acres of land and a major subdivision creating twenty
(20) or more lots are each ~Class A Special Uses of the land subdivided. For
the purpose of determining whether a major subdivision is a Class A
Special Use, the number of acres of land and the number of lots created
shall be determined by counting the cumulative acres subdivided and the
cumulative number of lots created on a tract or parcel of.land as the
boundaries of the tract or parcel of land existed in the Land Records of
Orange County as of
[the effective date of this Ordinance Amendment] •
Section 16. ZO~TING ORDINANCE. Amend The Orange Countv Economic Develonment
Districts Desi~n Manual as indicated on Exhibit B.
Section 17. 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 Zoning Ordinance and Subdivision
Regulations of Orange County" be adopted.
Upon motion of Commissioner , seconded by Comrnissioner
, the foregoing ordinance was adopted this the day of
~
2002.
I, Donna S. Baker, Clerk to the Board of Cornmissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
12
....._......_,,,,,,,,,,,,,,,_....,..,.,..,,_..,,...«...,....,„,...»,.,,m.,_.«.,..ov.....u......uw..~,m,..µa..~~....~~.u.ou~y.>a.,_.i~ua.vonv~oe.nuuw~ssaUVaruuxs~u:U~acx«ss:umxmq~l:R:v.;.wHx;iltittlt:ti48:Ue
0 ~..1
Board at a meeting held on , 2002 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 . 2002.
SEAL
Clerk to the Board of Coxnmissioners
,,
lsg:orangecounty\ordinance amending zon ord and subd regs
13
'01~
s
Plan.nixa.g Staff Report for Au~ust 29, 2002
Board of County Commissioners Work Session
Growth Control Issues ~
ISSUE 1: Identify the details of a praposed moratoria including; size aad scale of a lazge
residential proj ect. ~
RESPONSE: August 7~', 2U02, the Planning Board agreed to define Iarge development ~
as any subdivision with 20 or more lots.
ISSiTE 2: Det~rmine what `~ipeliue" proposals would be affected.
1~SPONSE: The Planning Boazd discussed three "pipeline" options at which to stop an
existing project:
1.) A snbdivision that has been submitted ta staff; ,
2.) The praject's concept plan has been approved by fhe Planning Board;
3.) A pmject that has been issued a formal preliminary approval by the BQCC.
ISSUE 3: List the steps necessary to prodnce/implement a limited growth moraxorium or •
other growth control. ~
RESPONSE: 1. Report to the Orange County Board of County Comtnissianers of 7une
18, 2002, in response to the Orange County Planning Board "Growth Contral Letter of
May 6, 2002. A mora.torium could be enacted in the following time frame. The length of
the moratorium would be coordinated with the completion af a unified development
ordinance wluch would create a special use pmcess for major subdivisions. 'The Planning
Board has asked for additional time to process subd.ivision applicatians. The
coznprehensive plan land use element, adequate public facilities ordimance, and ordinance
revisions regarding water resource issues would be concurrent~y researched. and
implemented to some degree.
The shortest regular timeframe for the enactrnent of a moratorium would be as follows:
Request for Legai Ad November 6, 2002
Quarterly Public Hearing November 25, 2002
Planning Board Action December 4, 2002
BOCC Action December 10, 2002
A shorter tirneframe if requested. could be accomplished by creating a special public
hearing at a regular BOCC date.
RESPONSE: 2. Unified Development Ordinance Definition
A Uni.fied Development Ordinance (UDO) is a combined land development code that
integrates the present planning regulatory system of "free standing" codes of subdivision, zoning,
environmental impacts, erosion control, £lood management and economic development.
The Unified. Development Ordinauce creates a comprehensive and cross-referenced
document, combin.es variaus land use controls in a dif~erent procedural cantext. For example,
~ 6 019
the legislative review of special use zoning can be integrated. with the typical administrative '
context of subdivision review. Special conditio~as, therefore, can be put forth on subdivisions of
re~atively high impact,
Genaral and specific parameters of interest such as traffic, propsrty values, affordable
housing, phasi.ng, open space, dedicatians, eta. can be addressed through the Unified ~
Development Ordinance development approval process. '
The crearian of a Unified Development Ordinance is'time consuming and camplex
because all existing freestandin~ code must be collapsed and reorganized into one dvcwment.
Some existing code azeas will be deleted in their ~resent form and replaced with a tton-
COI1fJiGt~, IIpII-repetitive and all-inclusive systern afreview. •
A consultant is suggested for this iype of work, with a etose overview by tlxe Planning
Director and eventual legal proced.ural review by the County Attorney. The docuinent ~uvould
also be reformatted to the pmtotypical indexing used by the municipal code corporation, which
cazi then be codified and available on the intemet.
The time frame for Unified Development Ordinance develapment is about 8- 9 months,
and public hearing pracess~ng includi.ng final recammendations and adopt~on depending on the
exten.t of outreach, can be an additional 3- 6 months. ~
Staff' could first prooeed with a request for qualifications (RF~, and thax proceed with a
request for services. The cost of this type of Unified Developrnent Ordinance development for a
Caun.ty is in the invest~gation stage. The Town of Chapel Hill is presently in the Unified ~
Development Ordinance process and information regarding their experience can be given at the .
work-session. ~
ISSUE 4: Explore legal considera.tion. • ~
RESPONSL: Legal report to be provided by County Attomey.
ISSUE 5: ltesearch what other jurisdictions have employed ia other cases.
RESPONSE: In 1995 Huntersville, NC placed a 12-month moratorium on all
development in order to study traditional town plannin~g m~thods and rewrite ttieir existing •
zoning ordinaace. Warwick, New York implemented a development maratorium while updating
their comprehensive land use plan.
ISSUE 6: Research through Institute of Government and other government and land use
autb.orities the use of moratoriums to accomplish short-term goals. '
RESPONSE: Ongoing
~
f)20
~
SOCC Wcrk Session ,
~ S/29/U2
Growth Control Recommendataons
I. Aevelop an outline for a special use permit (SUP) process for the subdivision of land
creating 20 or more lats to be presented at 9J17/2002 BOCC~meeting
II. Notify* every applicant for resideatial subdivision approval:
(1) whose application or proposed application is not also ~or a planned development
sp~cial use permit; or
(2) whase application or plaxaned application involves the subc~ivision of land into
20 ar more lots
that the Boazd of Cornmissiotters will consider amending the Orange County Zoning
Ordinance. on ox before December 2, 2002, to provide.that any subdivisian of land
czeating 20 or more lots is a spe~ial use requiring a special use penmit.
• The amendments that will be considered ~pnay include other procedwral and
substantive requirements. These requirements may include:
(a) greater detail, coverage and confirmation of the `~-ield plan" reqttired in
the evaluation of whether the project may be approved as a conventianal plan or a
flexible plan;
(b) professionally prepared groundwater analysis if the residenrial lots are
proposed to be served by wells;
(c) public water supply availability if the residentiallots are pmposed to be
served by a public water system.
• The notifiaation sha11 advise the applicant that the applicant will not be considered to
have acted in good faith if the applicant proceeds, after the motification, with an
application while tb.e aznendments aze undcr consideration.
• An application that has received special use pemut approval, preli~n.i.uary plan
approval or that has been scheduled for Boazd of Comrnissioner proliminary plan
actioni, will not be so notified and may proceed according to its special use permit ar
preliminary plan approval and'the Orange County Zoning Ordinance and Subdivision
Regulati.ons in effect on the date of approval. ~
• Begin the notifioation process as soon as possible.
1 Only one residential subdivision that has not received either a special use permit or preliminary
plan ap~roval would likely qualify for cansideration by the Board of Commissioners under the
zoning and subdivision rules in place now. That subdivision is Eno Ridge which is scheduled. #'or
Board cansideration on September 17, 2002.
~ .~. ... ~.. ~. . .... . ........... ..~ .. ~. ..... ~ .. . . ....... ....~~ ~...'s•.~.. .. . .. . ~ ...._..... .~ . .....,.... .. ..,~... ~ ...
. ~
, ' $ o~~
III. Hold a special public hearing on October 15, 2002 for creating a special use permit
(SUP) process with decisivn by BQCC at either 11/19/2002 or 12/Q2/2002 Board
meeting. .
N. Advertise a request for qualifications (RF~ to identify consultants witli uni,fied
development ordinance (iJDO) experience as soon as possible.
V. Thereafter release~ a request for pmposals {RFP) or a request for services for a
cansultant to help with unified. development ordinance development and prepazation.
VI. • Develop a unified develapment ordinance (UD~O) that coxrelate's wi.xh the
comprehensive land use plan update.
~ Estimated Completion of UDO azad comprehensive land. use plan update: 6-12 ~
months .
.. .~ . ' . . . . .. . .... .. .
02~
, ~
~
~
E~
~
V
~
a
a
~
U
~
~
~
~
~
~
0
~
0
H
~
•.r: • ~ _ . .
.. ... . . . . . . . . . . ... . . ... . ' ....v. .~ . .. .. .. ... . . . . . . .. ~. ~ ~~ . .n. . . !~'.~.: . .t~. ~ .. ... .. . . , ,
~ ~ o~
~
~ ~ i~ ~ N) V , ~ ~ ~ ~"
~
.~ ~ ~ ~ ~~'~ ~ ~
~ c ~ ~ .~ ~ ~ t'' ~~ ,.. a~i
~ ~ 3 y ,.., ~' o '~ a, A ~. *'
~ ayi q ~ .~ . ~ rn ~ ~ ~ ~p
~ ~ O ~ ~ ~ 0 ~ N ~ ~ ~y ~ tZ
~WA ~ + ~ ~ o ~ :~.~ ~,~ ~ ~ :b ~
~, .~ ~ . ~ ~ ~ ~~ o
~~ ~ .~'.. N ~~ ~q ~?A `~ gPa
o.d .~ ~ ~ w,~;~~~ a~
~ ~
W o ~ ~ ~~'~~a~~~i >,~
~ r~ ~
~ ~ ~ o a ~~~AA~ ~ ~
M ~
V Ct• ~ ^ ^ ^ ^ ^ • ^ •~,,+ L~+
~
~ o ~
o~
~ ~ ~w
A , ~ ~~y ~ ~~
~ ~ x' ~ ~''~.s ~
..
~~* ~ ~= ~ ~ ~ ~.~ ~ ~
~o~~ ~ ~+~° ~ ~~~~ ~~
~~ O~ w W~ N ~ N' ~ b
~ W. ~S ~ .--. ~ ~ a~
VA ~ o ~ ~V~ ~,v
_ ~, ~ .~~
~~
~~
.~
~ ~ -~ ~ .~
~~~~~ ~ ~ ~,~ ~ a
~ . ~ ,..
~z a~ ~,~ ~~~ ~ °~ ~
~°x~ ~~ ~b ~~'~~• ~•
~
~c~~o ~ ~~~~"~x~'~, ~~
Ey ~ ° ~' o
ApAq~~.~a M ~ g ° . . . . ., w ~
~,~N~~ rr~ ~~
~~
~
~
A ~ ~.
.~~-y y ~
~i~z . ~ ~"~.W ~ p
Q~ O m y V ~ ,$ t)
GQ ~W C~ ~ `^~ ~ '~ y i.~
~3~ ~ ~~•~ ~
~ ~ ^
~~~ M ~ U,~ ~ ~ .
~ ~' ~ ~ '.~
m -d
. ,~ t7 y
~ ~ ~
F ~ ~ ~ ~
0 0 ~ ~ ~ g .~
`~ ~ ~ a
1
~~,~- .~oo~ ~ 0 3 z-.
APPROVED 2/4/2003
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
JOINT PUBLIC HEARING
NOVEMBER 25, 2002
7:30 P.M.
The Orange County Board of Commissioners and the Planning Board met in joint
session for a public hearing on Monday, November 25, 2002 at 7:30 p.m. in the F.
Gordon Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners
Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen H. Halkiotis
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Clerk to the
Board Donna S. Baker (All other staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Chair Nicole Gooding-Ray and Vice
Chair Hunter Schofield, Jay Bryan, Barry Katz, Craufurd Goodwin, Ted Triebel, Rachel
Preston, Howard McAdams, Jay Bryan, Maria Tadd, and Renee Price
PLANNING BOARD MEMBERS ABSENT:.
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
PERMANENT AGENDA FILE IN THE CLERK'S OFFICE.
A. OPENING REMARKS FROM THE CHAIR
Chair Jacobs asked for any comments from any of the County Commissioners.
Commissioner Gordon said that the County Commissioners are going to have to
make comments on the Long Range Transportation Plan. She is assuming that no one
else has anything more to input, but if they do, they should let her know.
Chair Jacobs turned the meeting over to the Planning Board Chair.
B. PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
C. PUBLIC HEARING ITEMS
Planning Board Chair Nicole Gooding-Ray chaired these items.
(C.1. a-e and C. 2. b- Orange County Subdivision Regulation Text Amendments
and Orange County Zoning Ordinance Text Amendments)
Orange County Planning Director Craig Benedict went over the items in the
agenda abstract. He gave a history of each item. He said that these items will not be
voted on this evening because this is a public hearing for public input. The primary topic
is the issue of growth management techniques for subdivisions.
1. ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS
a. Amend Section III-D-1 to require notification of adjacent property
owners, posting of a sign on property proposed for major subdivision
development and a Neighborhood Information Meeting for all Concept
Plan applications for major subdivision development including the
Rural Buffer.
Craig Benedict explained some maps. Presently there are certain processes
for subdivisions. Before a major subdivision comes forward in Orange County's
jurisdiction outside of the rural buffer, there is a neighborhood information meeting. The
purpose of this amendment is to standardize what occurs in both sections of the County,
so there is equity in the rural buffer and Orange County jurisdiction areas. The
suggested amendment is a sign on the property when major subdivisions come forward.
The sign will notify people of the Planning Board meeting to consider the subdivision.
Chair Jacobs asked about where the sign has to be located and Craig
Benedict said they will be visible from the public road.
There was no public comment on this item.
b. Delete the entire text of Section III-D-2 and reserve for future use.
c. Amend Section I11-D-3 to require Class A Special Use Permit in addition
to Preliminary Plat Approval for Major Subdivisions creating 20 or more
lots or involving 20 or more acres.
Craig Benedict said that, presently, a major subdivision goes through the
process of a concept plan where developers bring in a conventional plan and a flexible
option plan. This is brought forward to the Planning Board and the board decides which
plan is the best. The developer then brings forward a preliminary plat. The Planning
Board makes a recommendation to the Board of County Commissioners and the County
Commissioners make the decision. The purpose of the new process is to be able to
more comprehensively review the preliminary plat part of the subdivision and put it in a
special use process. He described the different standards for subdivisions. The
Planning Board is discussing the traffic impact study for subdivisions. Presently, a traffic
impact study is required for an 80-lot or above subdivision. This could be changed,
depending on which road the subdivision is proposing. Other issues include fire
protection, mitigation for resource damage, drainage and storm water management,
solid waste management, irrigation, open space maintenance, Crime Prevention
Through Environmental Design, etc. These aspects can be added to the subdivision
review process during the preliminary plat stage and the special use class A stage.
Before final adoption, there needs to be adequate public input.
The County Commissioners and the Planning Board have discussed the
threshold for the special use process being 20 lots. It could also be 20 acres.
Commissioner Gordon asked if Craig Benedict was recommending all of the
standards if the project is large enough. Craig Benedict said that they have discussed
this with the Planning Board and the County Commissioners in detail. They thought that
it would be best for this meeting to have the all inclusive list of the different options and
then pare this down or have a phase one or a phase two investigation.
Commissioner Gordon said that this would probably need some fine tuning
because that is a lot of standards for a small developer. She is especially interested in
groundwater availability. Some of the standards should apply to all subdivisions.
Commissioner Carey said that if the threshold would be 20 acres rather than
20 lots, then he is concerned. If there is a small project, it could be very daunting.
Craig Benedict explained the different densities on a map.
Commissioner Carey would like to hear from the public about the thresholds.
He encouraged the staff to look at some differentiation in the criteria for different levels
of projects and maybe even looking at increasing the acreage.
Chair Jacobs asked if it was possible to do the acreage so that you
differentiate based on the underlying zoning. For example, if it is one-acre lots, 20 acres
might work; whereas, if it is two-acre lots, maybe 40 acres might work. Craig Benedict
said that they could go in this direction.
Jay Bryan made reference to the standards and said that the board
considering the project has to make sure that the use will maintain or promote public
health, safety, and welfare and will enhance the value of contiguous property, and that
the character of the use will be in harmony with the area. He said that the standards
said that the board can deny the application if it finds that the use will not maintain or
promote public health, safety, and welfare. In Carrboro, the way the ordinance is
phrased, the board can deny an application where it is shown that the use will not
maintain or promote public health, safety, and welfare. He asked if the standards could
be changed to make it more flexible that would be in keeping with the present standards.
Craig Benedict said that these general standards are used for the other 28
special uses that are out there - both class A and class B special uses. He said that the
special use process is a quasi judicial findings of fact process. The standards are not
subjective. E
Geoff Gledhill said that he does not know how Carrboro does it, but the
standard in all of these evideritiary questions is going to be a greater weight of the
evidence. Regarding the general standard about maintaining or promoting public health,
safety, and welfare, the ordinance has a special provision that implies that it would. In
order for a project to be turned down because it fails to maintain or promote public
health, safety, and welfare, the burden shifts to those who oppose it to prove that in
some specific manner by substantial evidence, the use does not maintain public health,
safety, and welfare. It would require specific evidence that there is a specific problem.
Some examples are traffic problems.
Barry Katz asked if the County would be responsible to remedy a problem
that may arrive if all of the bodies approve a subdivision and it turns out that there are
public health failures. Craig Benedict said that sometimes a problem would come back
to the local government if the project was already completed.
Barry Katz made reference to the notification and said that 500 feet from the
project is too small for a project that is going to impact people in a greater area. He
asked for consideration of 1,Q00 feet. He made reference to page three, number 11 and
irrigation. He asked if there were any standards for how irrigation systems can be
approved or not approved. Craig Benedict said that there are certain building code
requirements if it is from public water and sewer. They are trying to tie this in with the
conservation ordinance.
Geoff Gledhill said that the irrigation standard is in the draft. The system has
to be designed and can be operated according to a water conservation plan described in
the Resource Management Plan.
Barry Katz asked about borrowed open space that is referred to in the
document. Craig Benedict said that borrowed open space is where, instead of
everybody having a three-acre lot and having their own open space, there would be a
1.5-acre lot and the extra space is put into some kind of common area.
Rachel Preston said that the North Carolina Landscape Contractors
Registration Board is the licensing board and anyone doing landscaping has to have a
license and has to go through a rigorous exam. She asked for some type of reference to
this. She said that this should be enforced. Craig Benedict said that he agreed that we
need to look at the landscape standards. He said that they have added the concepts of
xeri-scaping, which is using native trees and low water use trees to reduce overall water
consumption.
Rachel Preston said that there are nurseries in the area that provide plants
native to Orange County and non-native plants that are not invasive. She suggested
putting in phrases that encourage people to purchase plants within Orange County -
both native and non-native.
Commissioner Brown asked about setbacks from creeks. Craig Benedict
said that storm water, drainage, and erosion control refer back to the stream buffer
requirements that are in other sections of the code. There are very good standards in
this area. There is a minimum of 50 feet on either side of the stream. In the Neuse
River Basin, there are additional requirements. The hope is to use these rules in the
Cape Fear Basin.
Chair Jacobs made reference to landscaping and Orange County becoming a
non-attainment area for air quality. He said that maybe we could take a leadership role
with landscaping requirements to be more energy efficient.
Commissioner Breswn asked if the ordinance will actually protect open space
in terms of design. She asked how this ordinance would affect design in terms of open
space. Craig Benedict said tt~at in the analysis, we define primary and secondary
conservation areas. Primary conservation areas are stream buffers, wildlife corridors,
etc. Secondary conservatior~areas could be a wooded area or an open field. This
amendment will ask develop~rs to do a more elaborate analysis of an inventory of a
native tree area and an open~~pace analysis.
Commissioner Brown said that a smaller developer is going to need
assistance in understanding what this says.
Craig Benedict said that there is an example that will be used for the general
public and property owners that is called Above and Beyond. It will be air photos
showing how subdivisions fit or do not fit into the landscape. Also, it will show what
happens over time to inappropriately placed open space areas. This was a very good
study of things that happened in the Vermont/New Hampshire area.
Discussion ensued about open space design in subdivisions.
Chair Gooding-Ray said that she did not see anything about light pollution.
Craig Benedict said that it is in the ordinance. He said that there is a Dark Skies
initiative coming forward.
There was no pubiic comment on this item.
d. Amend Section IV-B-10.B to allow all Flexible Development options
except the village option in the Rural Buffer.
Craig Benedict said that this amendment is to allow flexible development
within the rural buffer. He referred to the County map. Presently, in the rural buffer,
there is only the conventional plan allowed. The amendment is that any developer within
the rural buffer would provide two plans. In the rural buffer, it is suggested that flexible
development standards be identical to all other areas in County jurisdiction. Developers
could either bring in an estate option (four-acre lots) or a conservation cluster option,
which would be at least 33% open space. This is an effort to have the rules be similar,
both in the rural buffer and in other sections of the County.
Commissioner Brown asked about the village option and Craig Benedict said
that it is an option of flexible development. It is a very dense development. It is more
appropriate for transition areas.
Commissioner Brown would like this addressed at some point to make sure
that it is only an option that is available in public water and sewer areas.
Barry Katz asked the Board of County Commissioners to review the village
options. He said that the only place where a village option would make sense would be
where there was access to municipal services or public water and sewer.
Geoff Gledhill read from section 8.8.29.1, subsection `d' as follows: "If the
residential lots are proposed to be served by a community water and/or sewer system,
proof that the systems will be operating either directly or through a contract with the
water and/or sewer provider whose service area or interest area as defined in the Water
and Sewer Management Planning and Boundary Agreement include the subdivided
land." This is attempting to open the door to these community systems if the utility
provider would be responsible for them.
Commissioner Gordon said that the provision on page nine deserves further
scrutiny. She does not believe that this says what Geoff Gledhill explained. It needs to
be said more clearly somehow.
Craig Benedict will work with Geoff Gledhill on this.
Commissioner Gordon agreed that the village option should have public
water and sewer.
Renee Price is concerned about cost and the impact this has on others. She
asked who would pick up the"tab for running the line.
There was no pub~i~ comrnent on this item.
,~ ~
e. Amend the Subdivision Regulations to make major subdivisions of land
creating 20 or mbre lots or involving 20 or more acres a Class A Special
Use Permit. ~
This is addressed in item 2-b.
These items (1a-e and 2b) have similar subdivision and zoning issues and
the recommendation from staff is to refer them to the Planning Board and return to the
Board of County Commission~ers no later than January 21 St for review.
Item 2b is as follows:
Amend the Zoning Ordinance to make major subdivisions of land
creating 20 or more lots or involving 20 or more acres a Class A Special Use
Permit. ,
A motion was made by Commissioner Carey, seconded by Commissioner
Brown to refer items 1 a-e and 2b to the Planning Board to be returned to the Board of
County Commissioners no later than January 21, 2003.
VOTE: UNANIMOUS
2. ORANGE COUNTY ~ONING ORDINANCE TEXT AMENDMENTS
a. Amend Article 6.1~8 to allow development of a"Master
Telecommunications Plan' which identifies sites within the County
where an applica~t may construct a wireless telecommunications
facility by seeking issuance of a building permit in accordance with the
specifications s~t~forth in the Plan.
Craig Benedict said that this is something that the Board of County
Commissioners has heard to~ amend our telecommunications ordinance. Earlier this
year, there was a six-month moratorium on telecommunication towers. There was a
placeholder in the regulations that refers to a Master Telecommunications Plan, which
can identify sites in the County that can be used by the industry that would limit the