Loading...
HomeMy WebLinkAboutORD-2001-013 Clarified Amendment to Orange County Private Road StandardsZoe/ - d / 3 3 9� AN ORDINANCE AMENDING THE ORANGE COUNTY SUBDIVISION REGULATIONS SECTION IV- B- 3-d -1. ROADS AND APPENDIX A. ORANGE COUNTY PRIVATE ROAD STANDARDS ADOPTED OCTOBER 10, 2000 THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION REGULATIONS ARE HEREBY AMENDED AS FOLLOWS: (StFikethmugh print indicates language deleted. Underlined print indicates amended text. Bold print indicates revisions made by the Board at the meeting October 10, 2000, when the Board adopted these amendments.) Section numbers in this document refer only to this document, and do not agree with regulation section numbers or the order in which amendments were specified in the motion approving amendments to the ordinance. SECTION 1: THIS SECTION RELATES TO ITEM 1 OF THE BOARD'S MOTION. JUSTIFICATION FOR PRIVATE ROADS. ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV- 13- 3 -D -1. ROADS IS .AMENDED AS FOLLOWS: *IV- B- 3 -d -1. Roads Public roads are generally required in all subdivisions and will be required where it is found that: The subdivision roads would. be accepted by the State for maintenance if: a. They are built in a manner which satisfies the minimum State design and construction criteria for subdivision roads; and b. They would satisfy other requirements for addition to the State maintenance system, including, but not limited to, the general density standard of at least two occupied residences for each one -tenth of a mile of subdivision road. If; upon review of a subdivision plat, it is determined that the general density standard is met, but a design standard is not, a re- design will- be required where possible. For example, if the number of lots proposed along a subdivision road would clearly satisfy the density standard, but the road design was such that the centerline radius did not meet the minimum standard of 230 feet for level land, a new road design would be required. Another example is a situation where a landscaped island or entrance median prevents acceptance of the road for maintenance. The above criteria and standards are identified in a publication, Subdivision Roads- Minimum Construction Standards, prepared by and available from_ the N.C. Department of Transportation; or 4 2. The subdivision roads extend existing roads which are public; or 3. The subdivision roads are part of a development which is located in an area designated as Urban or Transition on the Orange County Comprehensive Plan; or 4. A proposed road is designated as an arterial or collector on an approved Thoroughfare Plan for a municipality or in the Orange County Comprehensive Plan; or 5. The subdivision roads are part of a non - residential development consisting of office, retail, industrial, and similar businesses, each located on a separate lot. This provision shall only apply to that portion of a subdivision being developed for non - residential purposes. features will be n nsodeFed: A private road shall be deemed justified for a minor subdivision resulting in no more than three lots. In such subdivisions, a private access easement may be granted to allow an adjacent lot to access the private road in order to reduce the number of access points on a public road. The intent of this provision is to allow subdivision of parcels of sufficient acreage to meet zoning ordinance requirements for minimum lot size or area per dwelling unit where a private road would not otherwise be permitted because the subdivision cannot comply with requirement 1.a. as follows and where the subdivision would not meet the density requirement-for a public road to be accepted into the state maintained system. For any other use of this provision, the final plat and a separate document to be recorded with the final plat shall contain a statement that any further development of any resulting lots, including the parent tract, shall be processed as a major subdivision. For all other subdivisions the Plannina Board and the Board of Countv Commissioners (in the case of major subdivisions) and Planning staff (in the case of minor subdivisions) shall consider the following design features when determining whether to permit private roads. There is no right to a private road in any subdivision larger than three lots. At a minimum, a private road may be justified if the subdivision meets standards of 1.a and at least two other design features listed below. r� ._ ._ - - - - - features will be n nsodeFed: A private road shall be deemed justified for a minor subdivision resulting in no more than three lots. In such subdivisions, a private access easement may be granted to allow an adjacent lot to access the private road in order to reduce the number of access points on a public road. The intent of this provision is to allow subdivision of parcels of sufficient acreage to meet zoning ordinance requirements for minimum lot size or area per dwelling unit where a private road would not otherwise be permitted because the subdivision cannot comply with requirement 1.a. as follows and where the subdivision would not meet the density requirement-for a public road to be accepted into the state maintained system. For any other use of this provision, the final plat and a separate document to be recorded with the final plat shall contain a statement that any further development of any resulting lots, including the parent tract, shall be processed as a major subdivision. For all other subdivisions the Plannina Board and the Board of Countv Commissioners (in the case of major subdivisions) and Planning staff (in the case of minor subdivisions) shall consider the following design features when determining whether to permit private roads. There is no right to a private road in any subdivision larger than three lots. At a minimum, a private road may be justified if the subdivision meets standards of 1.a and at least two other design features listed below. r� 5 1. The location and design of the subdivision is such that it clearly preserves the rural character of the County through: a. The provision of lot sizes and buildina setback lines sianificantl greater than required by the underlying zoning district, including any overlay district requirements, according to the following standards: 1) For zoning districts having a minimum lot size of 40,000 square feet or less, all lots in the subdivision must be at least 80,000 square feet. 2) For zoning districts having a minimum lot size or per dwelling unit area requirement of 87,120 square feet (two acres), all lots must be at least 130,680 square feet (three acres) except for subdivisions developed as flexible development subdivisions. 3) For clustered subdivisions developed as flexible development subdivisions preserving at least 33% of the land in open space, in a zoning district having a minimum lot size or per dwelling unit area requirement of 87,120 square feet (two acres) or greater, all lots must be at least 87,120 square feet (two acres) and the overall density of the subdivision must not exceed one dwelling unit per 130,680 square feet (three acres). 4) For all other cases, all lots must be at least five acres. 5) Building setbacks in all districts must be at least twice those reauired by Oranae Countv Zonina Ordinance. b. The retention and /or provision of landscaping and use of clustering of dwelling units to screen the view of the subdivision from public roads, maintain a wooded or forested character, maintain scenic views, or preserve wildlife, botanical, historic, archaeological and /or recreation sites; and /or c. The preservation of site features which directiv enhance the special or unique cultural, historical, archaeological or biological characteristics of the immediate area as referenced in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or, for historic sites, if the site is deemed eligible by the State Historic Preservation Office for inclusion in the National Register of Historic Places. - - ■r_[��etrt�r_zrsr_r.�rar�r_� 1. The location and design of the subdivision is such that it clearly preserves the rural character of the County through: a. The provision of lot sizes and buildina setback lines sianificantl greater than required by the underlying zoning district, including any overlay district requirements, according to the following standards: 1) For zoning districts having a minimum lot size of 40,000 square feet or less, all lots in the subdivision must be at least 80,000 square feet. 2) For zoning districts having a minimum lot size or per dwelling unit area requirement of 87,120 square feet (two acres), all lots must be at least 130,680 square feet (three acres) except for subdivisions developed as flexible development subdivisions. 3) For clustered subdivisions developed as flexible development subdivisions preserving at least 33% of the land in open space, in a zoning district having a minimum lot size or per dwelling unit area requirement of 87,120 square feet (two acres) or greater, all lots must be at least 87,120 square feet (two acres) and the overall density of the subdivision must not exceed one dwelling unit per 130,680 square feet (three acres). 4) For all other cases, all lots must be at least five acres. 5) Building setbacks in all districts must be at least twice those reauired by Oranae Countv Zonina Ordinance. b. The retention and /or provision of landscaping and use of clustering of dwelling units to screen the view of the subdivision from public roads, maintain a wooded or forested character, maintain scenic views, or preserve wildlife, botanical, historic, archaeological and /or recreation sites; and /or c. The preservation of site features which directiv enhance the special or unique cultural, historical, archaeological or biological characteristics of the immediate area as referenced in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or, for historic sites, if the site is deemed eligible by the State Historic Preservation Office for inclusion in the National Register of Historic Places. 0 2. The number, location and /or size of lots to be located in the subdivision are such that, even if constructed to State standards, the streets would not be accepted by the State for maintenance due to density or other State requirements. 3. At least %) of the site is to be dedicated and preserved inrvugn restnctive covenants and contains recreation and /or open space areas of significant botanical, wildlife, historic and /or archaeological sites as referenced in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Oranae Countv" 4. In subdivisions to be located in a Protected Watershed as designated in the Orange County Comprehensive Plan, stream buffers are increased by twenty -five percent (25 %) above those required by Article 6.23 of the 'Orange County Zoning Ordinance and the impervious surface allowed is decreased by fifteen percent (15 %) to allow greater infiltration of storm water runoff to prevent the pollution of water supply reservoirs. 5. The site contains Ttopographic and environmental features, such as streams, steep slopes, or watersheds, that would be adversely affected by the use of roads constructed to State standards because of factors such as significant amounts of earthwork (cut and fill) that would contribute to increased run -off of stormwater and siltation. 6. The site is already developed to 100% of the capacity which could be achieved after approval of the subdivision and some or all of the non- conforming aspects of existing development on the site will be made more conforming as a result of the proposed subdivision, and all conforming aspects of the development will remain conforming. 7. There is only one subdivision road proposed. Its length does not exceed 350', it serves no more than five (5) lots, its grade does not exceed 9 %, ON 3. At least %) of the site is to be dedicated and preserved inrvugn restnctive covenants and contains recreation and /or open space areas of significant botanical, wildlife, historic and /or archaeological sites as referenced in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Oranae Countv" 4. In subdivisions to be located in a Protected Watershed as designated in the Orange County Comprehensive Plan, stream buffers are increased by twenty -five percent (25 %) above those required by Article 6.23 of the 'Orange County Zoning Ordinance and the impervious surface allowed is decreased by fifteen percent (15 %) to allow greater infiltration of storm water runoff to prevent the pollution of water supply reservoirs. 5. The site contains Ttopographic and environmental features, such as streams, steep slopes, or watersheds, that would be adversely affected by the use of roads constructed to State standards because of factors such as significant amounts of earthwork (cut and fill) that would contribute to increased run -off of stormwater and siltation. 6. The site is already developed to 100% of the capacity which could be achieved after approval of the subdivision and some or all of the non- conforming aspects of existing development on the site will be made more conforming as a result of the proposed subdivision, and all conforming aspects of the development will remain conforming. 7. There is only one subdivision road proposed. Its length does not exceed 350', it serves no more than five (5) lots, its grade does not exceed 9 %, 7 and the land being subdivided is not connected to or part of another subdivision required to be served by public roads. In a dditie ^, th a�agn lot size within the n��bdoyisien is at leant 40,000 n uaFe feet r �.� w� �.z�. YTJT�TTTSGlCTGL(J GGr The Declaration of Development Restrictions, prepared by the. Planning Staff and recorded concurrently with the Final Plat, shall include a statement that further subdivision of any of the lots may require that the road be upgraded to a higher private road classification, or to public standards, and that the cost of the upgrade will be the responsibility of the subdivider. - Where a parcel being subdivided was created by a previous subdivision approved after July 5, 1983, then the previous subdivision as well as the proposed subdivision will be considered in determining whether a private road is still justified. It shall be the responsibility of the applicant for subdivision approval to supply a written statement justifying the reasons for private roads in the proposed subdivision. Compliance with one or more of the above standards does not insure approval of either a public or private road within a proposed subdivision. SECTION 2: PRIVATE ROAD STANDARDS. THE FOLLOWING SUBSECTIONS ARE AMENDMENTS TO ORANGE COUNTY SUBDIVISION REGULATIONS, APPENDIX A ORANGE COUNTY PRIVATE ROAD STANDARDS. SECTION 2a: THIS SUBSECTION RELATES TO ITEM 2 OF THE BOARD'S MOTION. DELETE THE PROVISION FOR PROFESSIONAL LAND SURVEYOR TO CERTIFY ROAD CONSTRUCTION; ADD PROVISION FOR PROFESSIONAL LAND SURVEYOR TO CERTIFY ROADWAY IS IN PLATTED R -O -W; EXEMPT PRIVATE ROADS SERVING 3 OR FEWER LOTS FROM PROVISION REQUIRING ROAD CONSTRUCTION CERTIFICATION. GENERAL SUBDIVISION APPROVAL AND PRIVATE ROAD CONSTRUCTION SEQUENCE IS AMENDED TO READ AS FOLLOWS: GENERAL SUBDIVISION APPROVAL AND PRIVATE ROAD CONSTRUCTION SEQUENCE 1. Submit request for subdivision with a private road to Current Planning Division. Check proposed road name with Planning Department list to avoid duplication. 2. Submit,erosion control plan for review if road construction will involve more than 20,000 square feet. 3. If necessary, apply for and obtain an NCDOT Driveway Permit. 4. Receive preliminary subdivision approval from the Planning Board. 5. Inform person inspecting and certifying construction that construction is to begin. 6. Schedule pre- construction conference if disturbance involves more than 20,000 square feet. 7. Construct road to private road standards, or post security bond for construction of the road. 8. Schedule inspections [with Planning Department staff and professional engineer] as construction progresses. 9. Have a professional engineer or registered land surveyor, respectively, provide written certification to the Planning and Inspections Department eerti€y that construction meets the required standards and that the travelway is within the right -of -way ' ; provided however, there is no requirement for written certification by a professional engineer for a private road serving three or fewer lots. 10. Record final subdivision plat with Register of Deeds. STANDARDS FOR PRIVATE ROADS, Certification of Construction SECTION IS AMENDED TO READ AS FOLLOWS: STANDARDS FOR PRIVATE ROADS The standards described herein are the minimum set forth by the County. Orange County has not determined, and is not responsible for determining that these standards are adequate or appropriate for all uses by landowners. The standards also may not meet NCDOT criteria. No road will be accepted for maintenance by NCDOT unless or until NCDOT standards are met. Certification of Construction must certify in writing to the Planning Department that either existing upgraded or newly constructed. is within the A professional engineer OF FegisteFed land suFveyeF must certify in writing to the Planning Department that a Private Road, either existing, upgraded, or newly constructed, meets the standards of the required class for the subdivision, provided however, there is no requirement for written certification by a professional engineer for a . private road serving three or fewer lots. The following must be inspected and - certified: -4-- the tFavelway is within the platted Fight of way; 2--1. the proper material has been used in the travelway and it is built to the required width and thickness; 3.2. the shoulders are the correct width and the typical cross section is in place; 4.3: the road is on the proper grade; 6.4. ditches are in place where necessary to provide adequate drainage, in accordance with sound engineering practice; 6.5. needed storm pipes of proper size, materials and construction are in place and energy dissipaters installed, in accordance with sound engineering practice; 7-.6. all disturbed areas are properly stabilized; 6.7. the required road sign is in place; 0 9.8. an adequate turn - around is in place at the end of the road; 467 required vertical and horizontal clearance is provided; and 4410. ffFepeF sight distance and construction at the intersection with a public road has been approved by NCDOT. SECTION 2b: THIS SUBSECTION RELATES TO ITEM 4 OF THE BOARD'S MOTION. ADD PROVISION FOR AMENDMENTS TO BE REVIEWED IN TWO YEARS OR LESS. SECTION ON PURPOSE IS AMENDED BY ADDING A FOURTH PARAGRAPH TO READ AS FOLLOWS: Purpose In Orange County, the preference is to serve subdivisions with State - maintained (NCDOT) public streets or municipal streets. The County recognizes, however, that private roads may be beneficial in some cases where the developer provides significantly larger lots, and where a private road graded to a narrower cross - section saves valuable vistas, trees, or natural resources, and reduces cut - and -fill and overall land disturbance. Where the developer clearly provides benefits such as enhancing entrances or streetscapes off an adjoining public road, saving trees, providing large lots, reducing disturbance, and "fitting" lots better into their natural surroundings, the County Staff, Planning Board and Commissioners may permit the use of private roads. The County is concerned about the logical and safe extension of public roads throughout the County and also notes that private roads cannot be served by school buses and sometimes not by rescue squads and fire trucks. Therefore, the County will only approve private roads where the "benefits" outweigh the negative aspects.' Private roads will never be approved simply to save money. Private roads are a privilege, and not a right, and must be justified by the particular lot arrangement and benefits provided by each development. It is hoped that the following regulations and standards convey the sense that private roads can be used, but only where they clearly meet the spirit as well as the letter of the criteria contained herein. The Board of County Commissioners amended Orange County Private Road Standards October 10, 2000. Planning staff shall track the use of private roads in subdivisions, and will report on private road subdivisions to the Board no later than October 10, 2002. 10 SECTION 2C: THIS SUBSECTION RELATES TO ITEM 5 OF THE BOARD'S MOTION. REDUCE THE NUMBER OF LOTS ALLOWED ON A PRIVATE ROAD FROM 25 TO 12 AND DELETE THE PROVISION FOR A CLASS C PRIVATE ROAD. THE FOURTH AND FIFTH PARAGRAPHS IN THE SECTION TITLED "GENERAL REQUIREMENTS" ARE AMENDED TO READ AS FOLLOWS: General Requirements Private Roads serve lots within subdivisions that do not have access to state - maintained roads. Furthermore, Private Roads insure that all lots have documented legal right -of -way and provide adequate access for residents and emergency vehicles. Private Roads may be allowed in a subdivision where, in the judgment of the Planning Board and with the approval of the Board of Commissioners, it is found that the nature and location of the subdivision are such that a private road is justified. In determining whether to permit Private Roads in subdivisions, the design features contained in Article IV -13-3 -d of the Subdivision Regulations will be considered. Note that it is the responsibility of the applicant for subdivision approval to supply a written statement justifying the reasons for Private Roads in the proposed subdivision. Compliance with one or more of the standards contained in Article IV -13-3 -d does not assure approval of a Private Road within a proposed subdivision. After approval of and initial construction of the Private Road, maintenance must be provided by the property owners that use. the .road. A Road Maintenance Agreement or Declaration between the lot owners is required to insure that the needed repairs are made. Since Private Roads are not constructed to North Carolina Department of Transportation standards, they will not be added to the Secondary Road System and will not be maintained by the State or Orange County. The standards and specifications for Private Roads apply to subdivisions in Orange County and the class of road required depends on the number of lots served by the road. A Glass G Fead sewes 1 tG 3 10tS OF dwelling units, a, Class B road serves 4 1 to 3 5 lots or dwelling units; and a =Class A road serves 6 to 26 12 lots or dwelling units. standards. PFOYEiie Feads sewing, MeFe than 26 lets 8F dwelling units may be peffRitted only-# All ^'� e r Private Roads in a major (five or more lots) subdivision require the approval of the Board of Commissioners. Before the final plat of the subdivision can be recorded, the Private Road must be built and approved, or the applicant must post a security instrument with the County in an amount that would cover the cost of constructing the.road. Class O B Private Roads intended to serve 2 lots or dwelling units are not required to be constructed to Orange County Standards or to be inspected before recordation of the final plat. However, Orange County recommends that these Class 6 B roads be built to these standards in order to provide adequate access, especially for emergency vehicles which require the clearances and turn areas shown on the specifications. 11 Criteria for Subdivision Private Roads Private road construction must be inspected and the construction certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer OF a NeFt" GaFelina RegisteFed Land Also, the location of the travelway within the right -of -way must be certified to be within the platted private road _ right -of -way by a North Carolina Registered Land Surveyor. The road must be inspected during construction so that any changes or improvements necessary to insure approval can be made before the stone is placed and the shoulders and ditches are seeded and mulched. In order for this to happen, the subdivider or representative must inform the professional making the certification prior to the start of construction and at intervals during construction when inspections are needed so that they can be scheduled. Inspections by the Planning Department are made only to insure that the road is built to the required dimensions; that the stone travelway is provided to the required width; adequate drainage is provided; any disturbed areas are seeded and mulched to establish permanent vegetation; and to see that the road sign is in place. The subdivider is responsible for supervising construction and for quality control inspections for clearing and grubbing of the right -of -way, compaction of fill, construction materials, and so forth. The subdivider or representative, should employ a qualified grading contractor (and supervisor if necessary) to insure that the road is in the correct location and that acceptable methods and materials are used. Bonds or letters of credit cannot be released or reduced until completion of the road is certified. Arrangements for payment between the subdivider and contractor are not the responsibility of the Planning Department staff. NOTE: Private road construction must also conform to the requirements of the Orange County Erosion Control Ordinance. The ordinance requires that reasonable measures be taken to keep sediment on the site of a land disturbance regardless of the amount of area uncovered. When the amount of disturbance exceeds 20,000 square feet, the property owner or agent is required to submit an erosion control plan and obtain a T e of Residential Subdivision Road Class A Private Class B Private Max. no. of lots 12 2 3 5 Right-of-way width 50 ft. 50 ft. 50 ft. 50 ft. Travel-way width 18 ft. No Standard 12 ft. 12 ft. Professional engineer road construction Yes No No Yes certification required Surveyor certification roadway in platted Yes Yes Yes Yes right-of-way Road Maintenance Agreement required Yes Yes Yes Yes Maintenance Property owners Property Property Property owners responsibility owners owners Private road construction must be inspected and the construction certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer OF a NeFt" GaFelina RegisteFed Land Also, the location of the travelway within the right -of -way must be certified to be within the platted private road _ right -of -way by a North Carolina Registered Land Surveyor. The road must be inspected during construction so that any changes or improvements necessary to insure approval can be made before the stone is placed and the shoulders and ditches are seeded and mulched. In order for this to happen, the subdivider or representative must inform the professional making the certification prior to the start of construction and at intervals during construction when inspections are needed so that they can be scheduled. Inspections by the Planning Department are made only to insure that the road is built to the required dimensions; that the stone travelway is provided to the required width; adequate drainage is provided; any disturbed areas are seeded and mulched to establish permanent vegetation; and to see that the road sign is in place. The subdivider is responsible for supervising construction and for quality control inspections for clearing and grubbing of the right -of -way, compaction of fill, construction materials, and so forth. The subdivider or representative, should employ a qualified grading contractor (and supervisor if necessary) to insure that the road is in the correct location and that acceptable methods and materials are used. Bonds or letters of credit cannot be released or reduced until completion of the road is certified. Arrangements for payment between the subdivider and contractor are not the responsibility of the Planning Department staff. NOTE: Private road construction must also conform to the requirements of the Orange County Erosion Control Ordinance. The ordinance requires that reasonable measures be taken to keep sediment on the site of a land disturbance regardless of the amount of area uncovered. When the amount of disturbance exceeds 20,000 square feet, the property owner or agent is required to submit an erosion control plan and obtain a 12 grading permit before starting any timbering, clearing, or grading. Generally, permits are required when a private road is more than 650 feet long, assuming the width of disturbance averages 30 feet. Contact the Erosion Control Supervisor in the Planning Department for assistance. STANDARDS FOR PRIVATE ROADS, Minimum Curve Radius (SECOND PARAGRAPH, ITEM 44) IS AMENDED TO READ AS FOLLOWS: Minimum Curve Radius New curves shall be constructed with a minimum centerline radius of 125'. The right -of -way must be designed with bends that will provide sufficient width to construct the road to this minimum radius. For example, a 90 bend in a 50' right -of -way will not provide enough area to construct a road 18' wide. The right -of -way must include sufficient width for the travelway and the necessary shoulders, ditches and slopes. A curve radius of less than 125 feet may be approved if all of the following conditions are met: 1. The road existed prior to the adoption of subdivision regulations or was approved as part of an earlier subdivision; 2. Reconstruction of the existing road to meet a 125' curve radius is not feasible due to the extent of earthwork which would be required and /or the inability to reconfigure the existing right -of -way location due to ownership or the location of existing structures, wells or septic systems; 3. Standards pertaining to road width and grade will be met; 4. The subdivision can be approved with a Class B private road; 5. Documentation is received from the Erosion Control Division that the proposed curve radius would provide for adequate vehicular access and circulation; 6. Documentation is received from the Department of Emergency Services stating that the proposed curve radius would provide access for the largest emergency vehicle, which would use the road. PAGE A -18, DIAGRAM "CLASS 'C' PRIVATE ROAD ", IS DELETED. 13 SECTION 2d: DELETE REQUIREMENT THAT PAVED PRIVATE ROADS MEET NCDOT PAVING STANDARDS. STANDARDS FOR PRIVATE ROADS, Surface Materials, IS AMENDED BY DELETING THE FIRST PARAGRAPH. Surface Materials STAIN Acceptable material for surfacing the travelway is Aggregate Base Course (commonly called "crusher run "). Soil type base materials .(commonly called "Chapel Hill Gravel' or "Chapel Hill Grit ") will be accepted under the following conditions: The material originates from a quarry approved by the North Carolina Department of Transportation. The grade of the road is less than 8 percent. Where the grade is greater than 8 percent a layer of crusher run stone will be placed over the Chapel Hill Gravel before compaction. Sources of surface material shall be verified with the certifying professional before placement. SECTION 3: This ordinance shall become effective upon adoption. AT THE REGULAR MEETING OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS HELD ON OCTOBER 10, 2000, UPON MOTION BY AND SECONDED BY s THE FOREGOING DOCUMENT WAS ADOPTED. AYES: NAYS: Beverly Blythe, Clerk to the Board of Commissioners Date T AN ORDINANCE AMENDING THE ORANGE COUNTY SUBDIVISION REGULATIONS SECTION IV- 6- 3-d -1. ROADS THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION REGULATIONS ARE HEREBY AMENDED AS FOLLOWS: (Striket#reug# print indicates language deleted... Bold print indicates amended text. These amendments relate to Item 6 of the Board's October 10, 2000, motion amending the Orange County Subdivision Regulations.) JUSTIFICATION FOR PRIVATE ROADS. ORANGE COUNTY SUBDIVISION REGULAT IONS, SECTION IV -B- 3 -D -1. ROADS IS AMENDED AS FOLLOWS: *1V- 13- 3 -d -1. Roads Public roads are generally required in all subdivisions and will be required where it is found that: 1. The subdivision roads would be accepted by the State for maintenance if: a. They are built in a manner which satisfies the minimum State design and construction criteria for subdivision roads; and b. They would satisfy other requirements for addition to the State maintenance system, including, but not limited to, the general density standard of at least two occupied residences for each one -tenth of a mile of subdivision road. If, upon review of a subdivision plat, it is determined that the general density standard is met, but a design standard is not, a re- design will be required where possible. For example, if the number of lots proposed along a subdivision road would clearly satisfy the density standard, but the road design was such that the centerline radius did not meet the minimum standard of 230 feet for level land, a new road design would be required. Another example is a situation where a landscaped island or entrance median prevents acceptance of the road for maintenance. The above criteria and standards are identified in a publication, Subdivision Roads - Minimum Construction Standards, prepared by and available from the N.C. Department of Transportation; or 2. The subdivision roads extend existing roads which are public; or 3. The subdivision roads are part of a development which is located in an area designated as Urban or Transition on the Orange County Comprehensive Plan; or 4. A proposed road is designated as an arterial or collector on an approved 15 Thoroughfare Plan for a municipality or in the Orange County Comprehensive Plan; or 5. The subdivision roads are part of a non - residential development consisting of office, retail, industrial, and similar businesses, each located on a separate lot. This provision shall only apply to that portion of a subdivision being developed for non - residential purposes. A private road shall be deemed justified for a minor subdivision resulting in no more than three lots. In such subdivisions, a private access easement may be granted to allow an adjacent lot to access the private road in order to reduce the number of access points on a public road. The intent of this provision is to allow subdivision of parcels of sufficient acreage to meet zoning ordinance requirements for minimum lot size or area per dwelling unit where a private road would not otherwise be permitted because the subdivision cannot comply with requirement 1.a. as follows and where the subdivision would not meet the density requirement for a public road to be accepted into the state maintained system. For any other use of this provision, the final plat and a separate document to be recorded with the final plat shall contain a statement that any further development of any resulting lots, including the parent tract, shall be processed as a major subdivision. For all other subdivisions the Planning Board and the Board of County Commissioners (in the case of major subdivisions) and Planning staff (in the case of minor subdivisions) shall consider the following design features when determining whether to permit private roads. There is no right to a private road in any subdivision larger than three lots. At a minimum, a private road may be justified if the subdivision meets standards of 1.a and at least two other design features listed below. 1. The location and design of the subdivision is such that it clearly preserves the rural character of the County through: a. The provision of lot sizes and building setback lines significantly greater than required by the underlying zoning district, including any overlay district requirements, .. With respect to lot sizes, the following shall be deemed as significantly greater than required by the underlying zoning district. 1 FOF zening diStFiets haying a minimum let size ef 40,000 square feet OF less, all lets an the subdiyasien must be at least 80,000 squaFe feet- ar-eaFequiFement of 87,120 squaFe feet (twe aeFes), all lets must subdoy's* Ang at least 0 haying a minimum lot size eF peF dwelling 16 1. Conventional subdivisions 2. Cluster Suhrlivicinnc 11n#-hi fnry Cls..:hl., r%,. -i Zoning district min.lot Zoning district min. lot All other IF :40,000 sq. ft. = 80,000 sq. ft. (1.84 ac) cases IF = 87,120 sq. ft. (2 ac.) = 80,000 sq. ft. (1.84 ac.) Min. lot size for 80,000 sq. ft. 120,000 sq. ft. (2.75 ac.) 5 acres THEN private road: % open space 130,680 sq. ft. (3 ac.) Min. lot size for private rd. Building setbacks 33%-40% Private road: Twice those required by Orange County Zoning Ordinance 2. Cluster Suhrlivicinnc 11n#-hi fnry Cls..:hl., r%,. -i b. The retention and /or provision of landscaping and use of clustering of dwelling units to screen the view of the subdivision from public roads, maintain a wooded or forested character, maintain scenic views, or preserve wildlife, botanical, historic, archaeological and /or recreation sites; and /or c. The preservation of site features which directly enhance the special or unique cultural, historical, archaeological or biological characteristics of the immediate area as referenced in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or; for historic sites, if the site is deemed eligible by the State Historic Preservation Office for inclusion in the National Register of Historic Places. 2. The number, location and /or size of lots to be located in the subdivision are such that, even if constructed to State standards, the streets would not be accepted by the State for maintenance due to density or other State requirements. 3. At least fifty percent (50 %) of the site is to be dedicated and preserved through restrictive covenants and contains recreation and /or open space areas of significant botanical, wildlife, historic and /or archaeological sites as - - -- - - - ■��■v■c vcvClV IIICIIL Zoning district min.lot Zoning district min. lot IF :40,000 sq. ft. = 80,000 sq. ft. (1.84 ac.) = 87,120 sq. ft. (2 ac.) THEN % open space Min. lot size for private rd. Min. lot size for private rd. 33%-40% 80,000 sq. ft. 130,680 sq. ft. (3 ac.) 41%-50% 70,000 sq. ft. >_ 50% 60,000 sq. ft. 60,000 sq. ft. Building setbacks for Twice those required by Orange County Zoning Private road I Ordinance b. The retention and /or provision of landscaping and use of clustering of dwelling units to screen the view of the subdivision from public roads, maintain a wooded or forested character, maintain scenic views, or preserve wildlife, botanical, historic, archaeological and /or recreation sites; and /or c. The preservation of site features which directly enhance the special or unique cultural, historical, archaeological or biological characteristics of the immediate area as referenced in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or; for historic sites, if the site is deemed eligible by the State Historic Preservation Office for inclusion in the National Register of Historic Places. 2. The number, location and /or size of lots to be located in the subdivision are such that, even if constructed to State standards, the streets would not be accepted by the State for maintenance due to density or other State requirements. 3. At least fifty percent (50 %) of the site is to be dedicated and preserved through restrictive covenants and contains recreation and /or open space areas of significant botanical, wildlife, historic and /or archaeological sites as 17 referenced in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" 4. In subdivisions to be located in a Protected Watershed as designated in the Orange County Comprehensive Plan, stream buffers are increased by twenty -five percent (25 %) above those required by Article 6.23 of the Orange County Zoning Ordinance and the impervious surface allowed is decreased by fifteen percent (15 %) to allow greater infiltration of storm water runoff to prevent the pollution of water supply reservoirs. 5. The site contains topographic and environmental features, such as streams, steep slopes, or watersheds, that would be adversely affected by the use of roads constructed to State standards because of factors such as significant amounts of earthwork (cut and fill) that would contribute to increased run -off of stormwater and siltation. 6. The site is already developed to 100% of the capacity which could be achieved after approval of the subdivision and some or all of the non- conforming aspects of existing development on the site will be made more conforming as a result of the proposed subdivision, and all conforming aspects of the development will remain conforming. 7. There is only one subdivision road proposed. Its length does not exceed 350', it serves no more than five (5) lots, its grade does not exceed 9 %, and the land being subdivided is not connected to or part of another subdivision required to be served by public roads. The Declaration of Development Restrictions, prepared by the Planning Staff and recorded concurrently with the Final Plat, shall include a statement that-further subdivision of any of the .lots may require that the road be upgraded to a higher private road classification, or to public standards, and that the cost of the upgrade will be the responsibility of the subdivider. Where a parcel being subdivided was created by a previous subdivision approved after July 5, 1983, then the previous subdivision as well as the proposed subdivision will be considered in determining whether a private road is still justified. It shall be the responsibility of the applicant for subdivision approval. to supply a written statement justifying the reasons for private roads in the proposed subdivision. Compliance with one or more of the above standards does not insure approval of either a public or private road within a proposed subdivision. in This ordinance shall become effective upon adoption. AT THE REGULAR MEETING OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS HELD ON APRIL 17, 2001, UPON MOTION BY AND SECONDED BY S THE FOREGOING DOCUMENT WAS ADOPTED. AYES: NAYS: Beverly Blythe, Clerk to the Board of Commissioners Date H • Y • -a �" -2 i1� "44 Am m, Y f± 4 2a { gig 5.:3 x••.Z.,iG ( iL. '§.fry! g�'4 t� % F UP L. 3:n.S:......� �. .: +.�G...d.`e}_s.w.3iY��!C.i$d: .0 � .w ».Gk= a.�.,�> .•. >" :Ysa ,«.auxsX�beix� i.... �'.�.' �� s 3� • ' d t 1 iyt' _ • � t • i � .k _ • 0 • " '" Y R e Tp 2 Z�K'.[?,F '� F, b { 4 .. " 'o'l #t 1b 'd' "'�^"' „`°"`�'°' .g tS ek vv !F.L SO i !p SY 'i • '� K � t .i e' �`Y�Y 4 • c .�i S q .Ltd 'k'}C., jF '✓YYV' S4 P14 1 471Z 0 is"5 9L 4Z,,.... 4 non Mgt 4 t f f • li k� §�°^t3� t i �F �2 *A� #1 � t i Y"�F # #$ i' � ? _SR ..!!yyi T � dIS' § and e ®b LEE . Rri C � �� ,.� -•,k c x`".z�F i a � �- °`.��x �� �5 aT� ` � � - r t fit'; k' � � • � p P s �RVhrE C i'3u y iV 5 e � • a . Mgt r ` 7;, ;9 f jY i tax 'SZ2 i' J 5t�,y f5 Y t_ H 20 DEVELOPMENT OF SLIDING SCALE A. Zoning Districts with Minimum Lot Size = 40,000 Square Feet Table Al. Minimum lot required for private road subdivision providin at least 33°/ The seventeen divisions in the preceding chart would be cumbersome to use. The following chart simplifies the sliding scale into four increments for minimum lot size according to percentage of preserved open space. g Lot size is decreased by Area is o open sNac;U, The effective increments of 2,352.94 sq. ft. based on a density or and rounded to .nearest whole 12 -lot number of acres number. 2,352.94 sq. ft. is the subdivision per each difference between 80,000 sq. ft. (max. buildable lot is (max. lot size) and 40,000 sq.ft. number of calculated by (min. lot size) divided by the lots dividing the total number of integral increments permitted acreage in the between 33% and 50% with a subdivision by private the number of A road). units allowed B C D E F Starting with X = 80,000 sq. ft. at 33% open space, C = 12 * B D = A *E E = C /(1 -A) F = (E/12) B = X minus /43,560 sq.ft (80,000 sq.ft.- 40,000 sq.ft.) /(50 -33) % Min. lot size Lots Open Total sq. ft. Acres /DU open (sq. ft.) (sq. ft). space space (sq. ft.) 0.33 80,000 960,000 472,836 1,432,836 2.7 0.34 77,647 931,765 480,000 1,411,765 2.7 0.35 75,294 903,529 486,516 1,390,045 2.7 0.36 72,941 875,294 492,353 1,367,647 2.6 0.37 70,588 8471059 497,479 1;344,538 2.6 0.38 68,235 818,824 501,860 1,320,683 2.5 0.39 65,882 790,588 505,458 1,296,046 2.5 0.40 63,529 762,353 508,235 1,270,588 2.4 0.41 61,176 734,118 510,.150 1,244,267 2.4 0.42 58,824 705,882 511,156 1,217,039 2.3 0.431 56,471 677,647 511,207 1,188,854 2.3 0.44 54,118 649,412 510,252 1,159,664 2.2 0.45 51,765 621,176 508,235 1,129,412 2.2 0.46 49,412 592,941 505,098 1,098,039 2.1 0.47 47,059 564,706 500,777 1,065,483 2.0 0.48 44,706 536,471 495,204 1,031,674 2.0 0.49 42,353 508,235 488,304 996,540 1.9 0.50 40,000 480,000 480,000 960,000 1.8 The seventeen divisions in the preceding chart would be cumbersome to use. The following chart simplifies the sliding scale into four increments for minimum lot size according to percentage of preserved open space. 21 Table A2. Sliding scale using four increments for open space provision: Percentage range (33% - 50 %) is Lot size is decreased by increments of 13,333.33 sq. ft. and divided into 3 equal increments rounded to nearest whole number. 13,333.33 sq. ft. is the of 5.67 33.00 difference between 80,000 sq. ft. (max. lot size) and 40,000 80,000 40.00 sq. ft. (min. lot size) divided by 3 (the chosen number of (50 -33)/3 33.00 divisions between 33% and 50 %) A 38.67 B Starting with 50 %, 65,882 Starting with X = 80,000 sq. ft. at 33% open space, 44.331 53,333 B = X minus 54,118 45.00 (80,000 sq.ft.— 40,000 sq.ft.) 40,000 50.00 /3 50.00 % open Min. space Lot size 33.00 80,000 38.67 66,667 44.33 53,3 50.00 40,00 The following chart shows the progression from calculations of equal intervals to the recommended open space requirement intervals to be used for the sliding scale. Table A3. Formulation of open space percentages recommended for sliding scale. Equal increments Minimum lot size (sq. ft.) (from Table A2.) Increments rounded to whole percentages Minimum lot size (sq. ft.) (from Table Al.) Recommended intervals 33.00 80,000 80,000 40.00 33.00 80,000 33.00 80,000 33.00 38.67 66,667 39.00 65,882 40.00 44.331 53,333 44.00 54,118 45.00 50.001 40,000 50.00 40,000 50.00 Table A4. Formulation of recommended sliding chart. % Open Space Minimum lot size (sq. ft.) (from Chart Al.) Min. lot size (rounded sq. ft.) 33.00 80,000 80,000 40.00 63,529 64,000 45.00 .51,765 52,000 50.00 40,000 40,000 22 B. Zoning Districts with Maximum Density of 1 Dwelling Unit per 2 Acres Table 131. Minimum lot required for private road subdivision nrovirlinn nt haast *Igoi nncn o., The seventeen divisions in the preceding chart would be cumbersome to use. The following chart simplifies the sliding scale into four increments for minimum lot size according to percentage of preserved open space. Lot size is decreased by Area is The effective increments of 5,124.71 sq. ft. based on a density or and rounded to nearest whole 12 -lot number of acres number. 5,124.71 sq. ft. is the subdivision per each difference between 3 acres (max. buildable lot is (max. lot size) and 1 acre (min. number of calculated by lot size) divided by the number of lots dividing the total integral increments between permitted acreage in the 33% and 50% with a subdivision by private the number of road). units allowed. A. B C D E F Starting with X = 130,680 sq. ft. at 33% open space, C = 12 * B D = A *E E = C/(1 -A) F = (E/12) B = X minus /43,560 sq.ft (130,680 sq.ft.- 42,560 sq.ft.) /(50 -33) % Min. lot size Lots Open Total sq. ft. Acres /DU open (sq. ft.) (sq. ft). space space (sq. ft.) 0.33 130,680 1,568,160 772,377 2,340,537 4.5 0.341 125,555 1,506,664 776,160 2,282,824 4.4 0.351 120,431 1,445,167 778,167 2,223,334 4.3 0.36 115,306 1,383,671 778,315 2,161,985 4.1 0.37 110,181 1,322,174 776,515 2,098,689 4.0 0.38 105,056 1,260,678 772,673 2,033,351 3.9 0.39 99,932 1,199,181 766,690 1, 965, 871 3.8 0.40 94,807 1,137,685 758,456 1,896,141 3.6 0.41 89,682 1,076,188 747,860 1,824,048 3.5 0.42 84,558 1,014,692 734,777 1,749,469 3.3 0.43 79,433 953,195 719,077 1,672,272 3.2 0.44 74,308 891,699 700,621 1,592,319 3.0 0.45 69,184 830,202 679,256 1,509,459 2.9 0.46 64,059 768,706 654,824 1,423,529 2.7 0.47 58,934 707,209 627,148 1,334,357 2.6 0:48 53,809. 645,713 596,043 1,241,756 2.4 0.49 48,685 584,216 561,306 1,145,522 2.2 0.50 43,5601 522,7201 522,720 1,045,4401 2.0 The seventeen divisions in the preceding chart would be cumbersome to use. The following chart simplifies the sliding scale into four increments for minimum lot size according to percentage of preserved open space. 23 Table B2. Sliding scale using four increments for open space provision. Percentage range (33% - 50 %) is Lot size is decreased by increments of 29,040 sq. ft. divided into 3 equal increments and rounded to nearest whole number. 29,040 sq. ft. Of 5.67 is the difference between 3 acres (max. lot size) and 1 acre (min. lot size) divided by 3 (the chosen number of (50 -33)/3 33.00 increments between 33% and 50 %). A 38.67 B Starting with 33 %, 99,932 Starting with X = 130,680 sq. ft. at 33% open space, X =A +5.67 72,600 B= Xminus 74,308 45.00 (130,680 sq.ft.— 43,560 sq.ft.) /3 43,5601 50.00 43,560 % open 55.671 Min. space 40,000 Lot size 33.00 130,680 38.67 101,640 44.331 72,600 50.001 43,560 A fifth increment is added to permit 40,000 sq. ft. lots with the provision of 54% or greater open space. (Forty- thousand sq. -ft. is the smallest lot allowed by the zoning ordinance for areas without water and sewer service. Public roads are required for subdivisions within transition areas, areas in the county where water and sewer service is available or may be extended.) A subdivision with 50% open space can be accommodated on the least amount of land required for a 12 -lot subdivision using the sliding scale because the overall density of the zoning district must be maintained. If smaller lots than allowed by the overall density requirement (1 DU /2acres) are permitted (i.e. 40,000 sq. ft. lots), more than 50% of the acreage must be preserved in open space in order to maintain zoning density requirements. Therefore, a 40,000 sq. ft. lot would still require 2 acres of land per buildable lot with 54% of the total acreage preserved in open space. 40,000 sq. ft. = 46% of the required 87,120 sq. ft. (40,000/87,120 =.4591 or 45.91 %); required open space = 54% or (100 % -46 %). However, 40,0.00 sq. ft. lots may be allowed with any open space requirement greater than 54 %. The following Tables B3. and B4. show the progression from calculations of equal increments to the recommended open space requirement intervals used for the sliding scale. Table B3. Formulation of open space percentages recommended for sliding scale. Equal increments Minimum lot size (sq. ft.) (from Table B2.) Increments rounded to nearest whole percentages Minimum lot size (sq. ft.) (from Table B1.) Recommended increments' 33.00 130,680 33.00 130,680 33.00 38.67 101,640 39.00 99,932 40.00 44.33 72,600 44.00 74,308 45.00 50.00 43,5601 50.00 43,560 50.00 55.671 40,000-1 56.00 40,000 55.00 24 Table B4. Formulation of recommended Slidinn mart % Open Space Minimum lot size (sq. ft.) (from Table 131.) Min. lot size (rounded sq. ft.) 33.00 130,680 130,680 40.00 94,807 94,800 45.00 69,184 69,180 50.00 43,560 43,560 55.00 40,000 40,000 25 SPREADSHEETS AND CHARTS The following charts demonstrate application of the sliding scale from two perspectives: 1. as applied, to a 12 -lot subdivision; and 2. as applied to the same acreage. Charts 1 -A and 2 -A pertain to zoning districts in which the minimum lot size is 40,000 sq. ft.; Charts 1 -13 and 2 -13 pertain to zoning districts or overlay districts in which the maximum density is 1 dwelling unit per 2 acres. 1. Chart 1 -A exhibits how the sliding scale applies to 12 -lot subdivisions, the largest subdivisions that could use the sliding scale, where the minimum lot size is 40,000 sq. ft. (The maximum number of lots permitted in a subdivision using private roads is twelve.) Table used to produce Chart 1 -A A B C C = 12 * B (C/43560) D D = A *E (D/43560) E E = C /(1 -A) (E/43560) C= [(1- A) *D] /B D= C F= G= H= (B *D) % open space Min. Lot size (sq. ft.) Lots (sq. ft.) Lots (acres) Open Space Open Space (acres) Total (sq. ft.) Total (acres) down to sq.ft. /acre) sq.ft. /acre 33 80,000 960,000 22.04 472,836 10.85 1,432,836 32.89 40 64,000 768,000 17.63 512,000 11.75 1,280,000 29.38 451 52,0001 624,0001 14.331 510,5451 11.721 1,134,545 26.05 501 40,0001 480,0001 11.021 480,0001 11.02 _960,00022.04 2. Chart 2 -A exhibits how the sliding scale. applies to a 24 -acre tract of land where the minumum lot size is 40,000 sq. ft.. The minimum amount of land required for a 12 -lot subdivision, using the sliding scale; is the acreage required for 1 -acre lots with 50% open space (24 acres). Application of the sliding scale (for a subdivision with 1 -acre lots) to a tract of land larger than 24 acres would create a subdivision having either more than twelve lots or' greater than 50% open space and would not be a true comparison of the given options. Table used to produce Chart 2 -A. A B C D E F G H C= [(1- A) *D] /B D= C F= G= H= (B *D) Rounded E(43,560 (A *E) /43,560 down to sq.ft. /acre) sq.ft. /acre whole no. % Minimum lot Number of Lots No. of Lots Total Total Open Lots Open size acres- Area space (acres) Space (sq. ft.) (sq. ft.) (acres) 0.33 80,000 8.03 8 22.00 958,320 7.26 14.74 0.40 64,000 8.98 9 22.00 958,320 8.80 13.20 0.45 52,000 10.14 10 22.00 958,320 9.90 12.10 0.50 40,000 11.98 12 22.00 958,320 11.00 11.00 W MEN- Vf i' %a� �$ `..is'.dd ' ��`R`yy�`'ffiFi 4e` -� 4''t` °'X • a,yt • 4���`•'�f�',y ,� aryl U"' x -6 +m��s�... .�'o"�p�F #CM1 ? �� �� ,,,��'.?'4}' � � t'n"�` s t -�- • t ��j �' Y'�1 kf; U •r- -..-.3 .''$> �y Y. �"f`�..� �,S ' '�.*f'�tl �yy. �°' t ��fi k � � t � � • ((�t%� zap r � � r '. ra� k �: �` t l � ' �� �..�. s�. '�s ��$��`-$��.}-� � F T �� • i � r x �9 � 5 � t �t� '-� i � � r ;may Y �. ?,���? � �# � �S • • � k �-k ' t � � � �i 7 i g •1 • �.E !E � "E'� k" „+`L+tu�.?n � 4 .� } � C� t' £ Sf'.:s.l.lca�txsS Y.G.,�ixwcc..+u..� on is «mot t ( t t ! • k r � � ( 'J' =1i t � r y K"�. gg -s i 27 1 • • �] 'v %F c ib it$.., }3- $�f �i �(M p'� �,,.y, 4"C, �>�i -� %'C: • ! 1 \ I / 1 \ Ili i.' �. '�'�""'�fs3NAS g- � � °�-, � • • ✓.*`� P � �! S 4 � � � � 4"i 5 y, �Y� y j't R3. y% �J� i�vf��$ �"�k`*.�� C� H flki ! k � � "iE 4 s'4 .� 'L,3 r^ 'K "�,�,^K(i"# � � -,'c 3 f� J�xz?..j�.. I � .Y' m` ,P a • r_ j�Y :I ` ���'�� a,i�� �F"� sg .�ti r:. ir,� • i R a.': 3..:: r. ii.,'xEw k rC ".�:'.a!,a,...k.,..d..a -t "T�.,''s...awc«a�n 4.uw:...&.a;:ss,,.usu : s;. x ,,r:tf�`f`Art ";..:Ltf°.,.z.'.Y .uw`'a. •• 1 4;{ �V "°--.-'t'^r :7�*,'° i,�.kPav' °'flT` °sr,��^4«S • t. y 71 t- '!yr ?F I • 1 $ } s S � P' t � { � S- i�4., to p -e-�rT � �"iy"�,}� { 5 ;� I ,.T{t ray • • � *� � �� � ! LT'S 3a '�5.,f��.� �¢W � i x � 3`k J-x �?" • 1k1��,t t �,..�� � � t t`'t �L� 4 Y {i�_ 3 � • ? i,` � ��' Y � �`3��utl, p� "4 �`Y' � a.nd' ^v�r5,�l..w r CL _1�. E � _ ,J �- ���PV' �'� y f N'}iry ! k >: •• 1 E Ill •• r` • I :�Fs`.'_.1.ex,..�. =. Ya.s`..:r�is'ax{`. 1 ",S "..:_�...%uS;aa$�.SaueZE. t.'E,3' '. •• � • 27 28 3. Chart 1 -13 exhibits how the sliding scale applies to 12 -lot subdivisions where the maximum allowable density is one dwelling unit per two acres. (The maximum number of lots permitted in a subdivision using private roads is twelve.) Table used to produce Chart 1 -13 A B C C = 12 * B (C/43560) D D = A *E (D/43560) E E = C /(1 -A) (E/43560) % open space Min. Lot size (sq. ft.) Lots (sq. ft.) Lots (acres) Open Space Open Space (acres) Total (sq. ft.) Total (acres) 33 40 45 50 55 130,680 94,807 69,184 43,560 40,000 1,568,160 1,137,600 830 ' 1601 5212,7201 480,000 36.00 26.12 19.06 12.001 11.02 772,377 758,400 679,222 522,720 586,667 17.73 17.41 15.59 12.00 � 13.47 2,340,537 1,896,000 1,509,382 1,045,440 1,066,667 53.73 43.53 34.65 24.00 24.49 4. Chart 2 -13 exhibits how. the sliding scale applies to a 24 -acre tract of land. The minimum amount of land required for a 12 -lot subdivision, using the sliding scale, is the acreage required for 1 -acre lots with 50% open space (24 acres). Application of the sliding scale (for a subdivision with 1 -acre lots) to a tract of land larger than 24 acres would create a subdivision having either more than twelve lots or.greater than 50% open space and would not be a true comparison of the given options. Table used to produce Chart 2 -13. A 7B C D E F G H C= [(1- A) *D] /B D= C Rounded down to whole no. F= E(43,560 sq.ft. /acre) G= (A *E) H= (B *D) 143,560 sq.ft. /acre % Open Space Minimum lot size (sq. ft.) ' Number of Lots No. of Lots Total acres Total Area (sq. ft.) Open space (acres) Lots (acres) 0.33 0.40 0.45 0.50 0.55 130,680 94,800 69,180 43,560 40,000 5.36 6.62 8.31 12.00 11.76 51 6 8 12 11 24.00 24.00 24.00 24.00 24.00 1,045,440 1, 045,440 1, 045,440 1,045,440 1, 045,440 7.92 9.60 10.80 12.00 12.96 .40 E12.00 .08 .20 11.04 29 F dv � F Ca . Ji«�� yy. R4" fS3 �„ J "2S �L ` a ..;` x E€ fa..r� 'i ^�-! #C Z"%v'Y fh 4a .�! _ .� »^.5..e .�`�i¢� • • • "yt rik, tW AL Nx •£'�`� 'R' n YS E t„dt; .'�*c. � ��" � I y G5 E r � zzr- i� �e�r � � �6 � � v ° � i*;`.3F d r �',�� , -i I ,� 6 €5e • '' {- �`,;+, i k d. `' { a -. -4� = zg t ' " Vii, , ., s- _ �.2 .4 , � �/ • k _ • �3w� 1I �««g xkk g- ! 4 ik E yh 4V � rp ���.xi �� "�� -. :SY> S •? Y7 fr ,er.! Y. 4 ?-m j' ap �` Y' U3 ; 4 -J � r� a « s �.. �• • rs«VL:�:,a.aaer.,,a • T„4y� �� ' �4F �S�k� si4 • ��3 �w 3 • �? E..S iNt 43 � 4l # 7 ` � E � F f� 'N3V �Vk }. , 'V" �. � I r w ff .3J Y cuss J �- • d N .N O N L d N CL � 11 W O C � Q •C O C O N d C! v ,E � C O O C 0 O N yr L V .Q 4 CL N aL m N L .0 U o� \ \ \ \ 0 0 0 0 O coo ti � C07 N O V- 4384 aJOB -VZ M04 10 a6e;ua3jad 0 N O O O_ t�9 P-; o ca N t 0 is N L O co N O O er CP Lo N O O �a N I to m c� a. N C N m o o _ o C C as •m L L V V 30 C?A,D - moo /. o i,3 4 � John Link said that the money that is going to be spent on the 'infrastructure is coming; from three or four sources. He recommended that the Board, by budget amendment, set aside in a reserve fund an appropriation equal to the expected cost of the infrastructure, with the intent that the Board would never be called upon to spend it. This would fulfill the requirement for the funding. The Board can endorse the concept in principle and it can come back on the consent agenda at the May 15th meeting;. Commissioner Gordon asked why background information was not provided prior to this meeting. John Link said that there are four or five issues that need to be addressed before the final plat is recorded. This particular issue would need the Board's approval and the other issues are part of the normal process of recording a final plat. He was not aware that this was something that would have to be addressed tonight. Craig Benedict said that this has been a special project that the staff has been working on since last August.. It is a very complex project for Habitat for Humanity. There are approximately seven issues that are administrative in nature. In this case, HUD was not able to support the bonding for this project. It was not realized until very recently that there could be a budget' amendment for a reserve fund to bond the project. Geoffrey Gledhill said that there were two ways to move ahead with the project - build the improvements and then record the final plat, or secure the improvements by putting up the cost of the improvements in a fund that is available only in the event that the construction contracts fail or the developer otherwise fails to complete the project. Commissioner Gordon is concerned that this is setting a precedent for all developers. John Link said that the only reason he is recommending the reserve fund is because this is an affordable housing project. Commissioner Jacobs noted that he supports Habitat for Humanity. He asked that when the budget amendment is placed on the May 15`h agenda that information be provided on the second phase and what will be required. He also asked staff for some criteria in the future for how the Board might offer a similar kind of support to another affordable housing entity. Commissioner Gordon asked where the money would come from and John Link said that it would come from the general fund — fund balance. This is simply to fulfill the requirement of what the Board has in their subdivision regulations. He said that the funding would revert back to the general fund as soon as the 24th' house has been completed. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs that the County Manager, the County Attorney, and the Planning Director expedite a budget amendment that would' cover the bond requirement for phase I improvements for the Richmond Hills project. This also approves in principle the appropriation of $500,000 and authorizes the County Manager to provide a policy for future projects. The money will be transferred back to the general fund after the completion` of the 24th house. Also, the staff will expedite every step necessary to get the final plat in place as soon as possible. VOTE: UNANIMOUS Commissioner Jacobs said that it was important to note that, despite the importance of this project and the difficulty of working this through, we are still requiring that the government live up to the same standards that we require of everyone else. private road standards. Craig Benedict said that on October 10, 2000, amendments were made to the private road standards to reduce the amount of lots from 24 lots to 12 lots on a private road. There were six amendments to the motion that night.; After reviewing the documents, it was found that there were four amendments that were adopted outright - 1) there is no right to a private road in any subdivision larger than three lots; 2) three-lot subdivisions will not require engineer certification; ( #3 was skipped),; 4) amendments will be reviewed in two years or Less; and 5) no more than 12 lots are permitted on a private road. Item three was that three -lot subdivisions could ask for a one -year time extension for minor subdivision approval after a one - year- expiration. This motion was not discussed during the public hearing process. This item has to go; to public hearing on May 29th. Item six was the most complex part of the motion. He said that, in private road subdivisions, we are requesting that they be twice the required lot size. Most of the discussion about item six was to reduce the provision of requiring twice the lot size when there is 50% or more open space in the subdivision. The staff is recommending that the lot size be lowered from 80,000 square feet (almost two acres) to 60,000 square feet (1.38 acres), if at least 50% open space is provided. In a typical 12-lot subdivision the amount of open space is 33% or 11 acres. If the lots are 60,000 square feet, there would be 50% open space, or 16.5 acres. He said that he believes that there was enough discussion during the public hearing process that the County Commissioners could adopt the provision of having a 60,000- square foot lot in a private road subdivision with at least 50% open space. It would not have to go to public hearing. Commissioner Gordon made some changes to the charts, which were so noted by Craig Benedict. By consensus the County Commissioners agreed to take the chart on page 11 and separate the templates for three or fewer lots and 4-12 lots. Commissioner Gordon made reference to page four and the statement, "A private road shall be deemed justified for a minor subdivision resulting in no more than three lots. In such subdivisions a private access easement may be granted to allow an adjacent lot to access the private road in order to reduce the number of access points on a public road." She questioned whether or not the rest of the paragraph could be removed regarding the intent of the provision. She said that she listened to the tape of the meeting and when the motion was listed out, it did not specifically request that this be deleted. She asked if it was the intent of the Board to leave this in. She thinks it should be sent to hearing for deletion. Geoffrey Gledhill said that the only way to get clarity on this issue was to send it back to public hearing and look at it again. By consensus the County Commissioners agreed that this ("the intent of this provision..." on page four) would be placed on the quarterly public hearing agenda on May 290'. Commissioner Brown verified that there would be no increase in density as a result of the sliding scale down to a 60,000 square foot lot. Commissioner Gordon said that it would be cleaner to take the sliding scale to public hearing because page five includes what was adopted and page 15 is in conflict with that. Commissioner Jacobs said that he would feel comfortable in not going back to public hearing if the County Attorney so recommends. He feels that this is a good way to achieve more open space with the same amount of density and encourage some developers to provide more open space. Geoffrey Gledhill said that his feeling was that at the public hearing on October 1d h , the Board did not adopt the sliding scale or anything like ft. However, the public hearing that was held was broad enough to include it. Therefore, it is available to be adopted if the public hearing has already been accomplished. He said that it would also be okay to take it back to public hearing. Technically, the County Commissioners could adopt this tonight. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to take the sliding scale issue back to public hearing on May 20h. VOTE: UNANIMOUS At this time, the Board agreed to extend the meeting to 11:00 p.m. and then adjourn into closed session. e. Legal Advertisement for May 29, 2UU1 ggarteriy t-umic nearing The Board considered authorizing a legal advertisement for the scheduled May 29, 2001 quarterly public hearing. Craig Benedict summarized the agenda items for the quarterly public hearing as stated in the agenda abstract. Commissioner Gordon asked Craig Benedict to give the County Commissioners the background information on the text amendments at the same time the public hearing notice is presented.