HomeMy WebLinkAboutORD-2001-029 Clarified Amendments to Orange County Private Road Subdivision Regulations: Section IV-B-3-d-1 and Appendix A Private Road Standards 9_lk 131ythe:-:ordain_sln.9,:scale_clean.doc..:...::.:::.:................................................................................ ................... . Page
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an ordinance amending the orange county
subdivision regulations
section iv-b-3-d-1. roads and
appendix a. orange county private road standards
the board of county commissioners of orange county ordains that the
subdivision regulations are hereby amended as follows:
Section numbers in this document refer only to this document, and do not agree with
regulation section numbers.
section 1: reword beginning paragraph of justification for private roads; reduce the
double lot size provision to 60,000 sq. ft. if at least 50% open space is provided.
orange county subdivision regulations, section iv-b-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:
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
;Bever! BI_ythe-_ordain sliding scale_c4ean.doc . . a9�-:?->
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.
A private road shall be deemed justified for a minor residential subdivision resulting in
no more than three lots provided:
1. No new lots have been created from the parent tract, through subdivision or
other manner exempted from subdivision regulations, since the more recent:
a. date of adoption of this provision; or
b. ten years from the date of recordation of the parent tract if the lot being
subdivided was created using the three-lot private road justification provision.
The parent tract, for the purpose of this provision, is the lot or tract of land
that is being subdivided.
2. All resulting lots meet Orange County Zoning Ordinance minimum lot area per
dwelling unit and maximum density requirements for the zoning district, including
any overlay district, in which the subdivision is located; and
Such subdivision of three or fewer would be encouraged to provide a private
access easement for one adjacent lot to access the private road in order to
reduce the number of access points on a public road.
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 containing
more 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 f
than required by the underlying zoning district, including any
overlay district requirements, according to the following standards:
1) The following,with respect to lot sizes, shall be deemed as significantly great 'r t
required by the underlying zoning district for_ conventional
subdivisions.
(a) All lots in the subdivision must be at least 80,000 square
feet if the minimum lot size of the zoning district is 40,000
square feet or less.
(b) All lots must be at least 120,000 square feet (2.75 acres) if
.:Beverl Blythe- ordain sliding_scale_clean.doc Page 3
the minimum lot size or area per . dwelling unit of the
zoning district is 80,000 square feet.
(c) All lots must be at least 130,680 square feet (three acres) if
the minimum lot size or area per dwelling unit of the zoning
district is 87,120 square feet (two acres).
(d) All lots must be at least five acres for all other cases.
Zoning district area =80,000 sq. ft. = 87,120 sq.ft. All other
IF per dwelling unit: :_40,000 sq. ft. (1.84 ac) (2 ac.) cases
Minimum area per
T dwelling unit for Private 80,000 sq.ft. 120,000 sq.ft. 130,680 sq. ft. 5 acres
H road: (2.75 ac.) (3 ac.)
E,
N
Building setbacks for
Private road: Twice those required by Orange County Zoning Ordinance
2) The following, with respect to lot sizes, shall be deemed as significantly great(:'r t
required by the underlying zoning district for cluster
subdivisions or subdivisions developed using flexible
development provisions in Section IV-13-10 that are not eligible
for a density bonus. The following do not apply to subdivisions
developed using provisions of Section IV-B-10 Section G.
(a) In zoning districts having a minumum lot size of 40,000
square feet:
• All lots must be at least 80,000 square feet in
subdivisions providing 40% or less open space;
• All lots must be at least 70,000 square feet in
subdivisions providing 41% -49% open space;
• All lots must be at least 60,000 square feet in
subdivisions providing 50% or greater open space.
(b) In zoning districts having a minumum lot size or area per
dwelling unit of 80,000 square feet or two acres (87,120
square feet):
• All lots must be at least 130,680 square feet (3 acres) in _
subdivisions providing 40% or less open space;
• All lots must be at least 90,000 square feet (2.07 acres) in
subdivisions providing 41% - 49% open space;
• All lots must be at least 60,000 square feet (1.38 acres) in
subdivisions providing 50% or greater open space;
Beverl Blythe- ordain slidmg_scale_clean.doc Page.4:
Zoning district area per =80,000 sq. ft. = 87,120 sq.ft.
IF dwelling unit: s 40,000 sq. ft. (1.84 ac.) (2 ac.)
AND % open space T Minimum Lot Size for Private Road
H
E
N
33%-40% 80,000 sq.ft. 130,680 sq. ft. 130,680 sq. ft.
3 ac. 3 ac.
41%-49% 70,000 sq.ft. 90,000 sq. ft. 90,000 sq.ft.
2.07 ac. 2.07 ac.
>_50% 60,000 sq. ft. 60,000 sq. ft. 60,000 sq.ft.
1.38 ac. 1.38 ac.
Building setbacks for Private
road Twice those required by Orange County Zoning Ordinance
3) Building setbacks in all districts must be at least twice those
required by Orange County Zoning 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 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
:Beverly::Blythe:-ordain
.:.sliding_scale_clean.doc
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'feet , 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.
Section 2: Private road standards. Orange County Subdivision Regulations,
APPENDIX A ORANGE COUNTY PRIVATE ROAD STANDARDS, is amended as
follows:
add language to clarify differences between public and private roads. the second
paragraph in the section titled "purpose" is amended to read as follows:
Purpose
In Orange County, the preference is to serve subdivisions with State-maintained
:Beverly_Blythe_- ordain:sliding.:scale_clean.doc............................................ .......:................._...................................... ........................................Page 6
i
(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.
z
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. Private roads are
generally unpaved and property owners who use the road are solely responsible for
maintenance of the road. Therefore, the County wiii 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.
section 3:This ordinance shall become effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners
that this Subdivision Regulation endment is effective-upon approval.
Up9,9 motion of Commissioner , -, seconded by Commissioner
& , the foregoing ordinance was adopted this the 1A71 day of
2001.
1, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on 2001 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No..XO of the minutes of said Board.
WITNESS my hand and the seal of said County, this Z day of ,
200 .,
Clerk to th Board of Commissioners
''13everly_I31.yttte-.ordain sliding scale.doc
Page 1
an ordinance amending the orange county
subdivision regulations
section iv-b-3-d-1. roads and
appendix a. orange county private road standards
the board of county commissioners of orange county ordains that the
subdivision regulations are hereby amended as follows:
(Bold print indicates language to be added. StFikethr-oug4 print indicates language to
be deleted. Bold underlined print indicates language added based on comments from
the public hearing. Bold s *1 11 _1 print indicates proposed language deleted
based on comments from the public hearing.)
Section numbers in this document refer only to this document, and do not agree with
regulation section numbers.
section 1: reword beginning paragraph of justification for private roads; reduce the
double lot size provision to 60,000 sq. ft. if at least 50% open space is provided.
orange county subdivision regulations, section iv-b-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:
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 lie
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,
. ................. .......
Beverly.Blythe.-,ordain.:.slidin�ale.doc............................................................................................. Pa a 2
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
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 read shall he deemed justified for subdivision rAr,, Iting
granted to allow an acqaGent lot tG aGGess the private read On order to r4ed-r-A the
number Of aGG966 points on a PUbliG read. The intent of this
allow subdivision of parrels of sufficient ar.Feage to meet zoning eFdinanGe
qrnAnts; far Minimum lot per dwelling unit Mere a private Foad
size or area
;AQ 11G] M-n nthRPAArA he permitted beGause the subdivision ruannot comply with
Fequirernent !.a. as fellews and YAeFe the subdivision would not meet the density
FoF any other use of th' the final plat and a separate daGument to be
re 9W rCd P-C-1 Wth the final plat sh 11 r__�_mtaffin a statement that any kirther development
subdivision.
A private road shall be deemed justified for a minor residential subdivision
resulting in no more than three lots provided:
1. No new lots have been created from the parent tract, through subdivision
or other manner exempted from subdivision regulations, since the more
recent:
a. date of adoption of this provision; or
b. ten years from the date of recordation of the pare.nt tract if the lot being
subdivided was created using the three-lot private road justification
provision.
The parent tract, for the purpose of this provision, is the lot or tract of
land that is being subdivided.
2. All resulting lots meet Orange County Zoning Ordinance minimum lot area
per dwelling unit and maximum density requirements for the zoning
district, including any overlay district, in which the subdivision is located;
and
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Bever{y::Blythe:'::ordain.:.slidin9_scale.doc............... ........................................................................... ... Page.3
3: ,
Department of T-Fanspor-tation standards, wo6ld- not -he accepted Onto the
State Maintenance Program because the read would not have the rnr.,.irad
density.
Such subdivision of three or fewer would be encouraged to provide a
private access easement for one adjacent lot to access the private road in
order to reduce the number of access points on a public road.
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 la-W
containing more 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, according to the following standards:
1) The following, with respect to lot sizes, shall be deemed as signifi a
greater than required by the underlying zoning district for
conventional subdivisions.
u All lots in the subdivision must be at least 80,000 square
feet if the minimum lot size of the zoning district is
40,000 square feet or less.
All lots must be at least 120,000 square feet (2.75 acres)
if the minimum lot size or area per dwelling unit of the
zoning district is 80,000 square feet.
u All lots must be at least 130,680 square feet (three
acres) if the minimum lot size or area per dwelling unit
of the zoning district is 87,120 square feet(two acres).
u All lots must be at least five acres for all other cases.
Zoning district area =80,000 sq.ft. = 87,120 sq.ft. All other
IF
per dwelling unit: 540,000 sq.ft. (1.84 ac) (2 ac.) cases
Minimum area per
T dwelling unit for 80,000 sq.ft. 120,000 sq.ft. 130,680 sq.ft. 5 acres
H Private road: (2.75 ac.) (3 ac.)
E
N -
Building setbacks for
Private road: Twice those required by Orange County Zoning Ordinance
:'Beverly BI he- ordain_slidin _scale.doc age..4:
22 The following, with respect to lot sizes, shall be deemed as significantly greater
than required by the underlying zoning district for cluster subdivisions or
subdivisions developed using flexible development provisions in Section IV-
B-10 that are not eligible for a density bonus. The following do not apply to
subdivisions developed using provisions of Section IV-B-10 Section G.
W In zoning districts having a minumum lot size of 40,000
square feet:
All lots must be at least 80,000 square feet in
subdivisions providing 40%or less open space;
• All lots must be at least 70,000 square feet in
subdivisions providing 41%-49%open space;
• All lots must be at least 60,000 square feet in
subdivisions providing 50%or greater open space.
Ub In zoning districts having a minumum lot size or area
per dwelling unit of 80,000 square feet or two acres
(87,120 square feet):
• All lots must be at least 130.680 square feet (3 acres)
in subdivisions providing 40%or less open space;
• All lots must be at least 90,000 square feet (2.07
acres) in subdivisions providing 41% - 49% open
space:
• All lots must be at least 60,000 square feet (1.38
acres) in subdivisions providing 50% or greater open
space;
Zoning district area =80,000 sq.ft. = 87,120 sq.ft.
IF per dwelling unit: s 40,000 sq.ft. (1.84 ac.) (2 ac.)
AND % open space T Minimum Lot Size for Private Road
H
E
N
33% -40% 80,000 sq.ft. 130,680 sq.ft. 130,680 sq.ft.
(3 ac.) (3 ac.
41% -49% 70,000 sq.ft. 90,000 sq.ft. 90,000 sq.ft.
2.07 ac. (2.07 ac.)
>50% 60,000 sq.ft. 60,000 sq.ft. 60,000 sq.ft.
(1.38 ac.) (1.38 ac.)
Building setbacks for
Private road Twice those required by Orange County Zoning Ordinance
3�Building setbacks in all districts must be at least twice
those required by Orange County Zoning 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 pnd/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 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 stormnrater 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'feet , 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.
Bever?Y.:BI__ythe:- ordain i
:.sldin;9 scale,doc......................................................................................................... Pa a 6
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. Orange County Subdivision Regulations,
APPENDIX A ORANGE COUNTY PRIVATE ROAD STANDARDS, is amended as
follows:
add language to clarify differences between public and private roads. the second
paragraph in the section titled"purpose" is amended 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. Private roads are
generally unpaved and property owners who use the road are solely responsible
for maintenance of the road. 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.
.Beverly Blythe--,ordain sliding_scale.doc, age 7
section 3: This ordinance shall become effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners
that this Subdivision Regulation 4mendment is effective upon approval.
Upo otion of Commissioner a As seconded by Commissioner
the foregoing ordinance was adopted this the/M.day of
2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing 's a true copy of so
much of the proceedings of said Board at a meeting held on 2001 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No.,50 of the minutes of said Board.
WITNESS my hand and the seal of said County,this ZZZ day of ,
2001.
Clerk to the doa rd of Commissioners
ORANGE COUNTY 061
BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: August 27, 2001
Action Agenda
Item No. c3_aL1&2)
SUBJECT: Amendments to Orange County Subdivision Regulations Section IV-B-3 to
- Clarify Provisions for Street Rights-of-Way and Coordinated Street System
DEPARTMENT: Planning PUBLIC HEARING: YIN F7 ES-1
INFORMATION CONTACT:
ATTACHMENT(S): Craig Benedict, ext. 2592
1. Ordinance Amending the Orange County Karen Lincoln, ext. 2594
Subdivision Regulations
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Durham 688-7331
PURPOSE: To receive citizen comment on proposed amendments to the Orange County Subdivision
Regulations Section IV-13-3 Streets,to claw.
1. Section IV-B-3-a,provision of streets rights-of-way;and
2. Section N43-3.b,provision for a coordinated street system.
BACKGROUND: Subdivision Regulations require provision of street rights-of-way and that
all subdivisions to have "a coordinated street system via a public or private street
Proposed amendments would clarify:
1. Provision of streets right-of-way includes rights-of-way for proposed future transportation
facilities included in adopted local and regional transportation plans.
2. Provision for a coordinated street system includes:
• extension of subdivision public roads to developable adjacent lots or to connect with
existing public streets; and
• limited driveway access on major subdivision streets.
1441
FINANCIAL IMPACT: There is no immediate financial impact associated with this decision
item,
RECOMMENDATION(S): The Administration recommends that the Board refer the proposed
amendments to the Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than October 2, 2001.
g:Xtransportation\roadsintenLabs—aug27ph.doc
062
AN ORDINANCE AMENDING THE ORANGE COUNTY
SUBDIVISION REGULATIONS IV-13-3 STREETS,
SECTION IV-13-3-a-AND SECTION IV-B-3-b
THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION
REGULATIONS ARE HEREBY AMENDED AS FOLLOWS:
(Bold print indicates language to be added. StFikethFGUO print indicates language to
be deleted.)
ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-B-3 STREETS, IS AMENDED TO READ AS
FOLLOWS:
IV-B-3. STREETS
*IV-B-3-a. The provision of street rights-of-way shall conform to and meet the
*Amended requirements of such adopted Comprehensive Plan for Orange County as
4/4/88 may be recommended by the Planning Board and adopted by the Orange
County Board of County Commissioners, from its date of adoption,
including dedication of street rights-of-way for proposed future
transportation facilities, provided that a subdivider shall not be required
to provide or dedicate right-of-way for a proposed street to which access
would be prohibited by any governmental agency.
*IV-B-3-b. All subdivisions shall have a coordinated street system via a public or
*Amended private street and access a public, state, or municipal street.
10/16/90 A coordinated street system shall consider the following:
(a) Public street rights-of-way shall extend to adjacent properties to
provide an effective level of connectivity to the existing and future
countywide transportation network; and
(b) Lot access shall be limited on major subdivision streets that
provide senneetivity a link between two or more roads designated
in the Comprehensive Plan as arterials or collectors.
(eff.12/3/90) All subdivisions containing private streets shall have at least one street
which intersects with or joins an extension of a public, state, or municipal street-,--OF
anetheF pFivate Fead.
This ordinance shall become effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners
that this Zoning Atlas Amendment is effective upon approval.
Upon motion of Commissioner , seconded by Commissioner
the foregoing ordinance was adopted this the day of 2001.
LM
063
1, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on 2001 as
relates in any way to the adoption'of the foregoing and that said proceedings are
recorded in Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of
2001.
Clerk to the Board of Commissioners
065
AN ORDINANCE AMENDING THE ORANGE COUNTY
SUBDIVISION REGULATIONS IV-B-3 STREETS,
SECTION IV-B-3-a AND SECTION IV-B-3-b
THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION
REGULATIONS ARE HEREBY AMENDED AS FOLLOWS:
(Bold print indicates language to be added. StFikethFeW print indicates language to
be deleted.)
ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-B-3 STREETS, IS AMENDED TO READ AS
FOLLOWS:
IV-B-3. STREETS
*IV-B-3-a. The provision of street rights-of-way shall conform to and meet the
*Amended requirements of such adopted Comprehensive Plan for Orange County as
4/4/88 may be recommended by the Planning Board and adopted by the Orange
County Board of County Commissioners, from its date of adoption,
including dedication of street rights-of-way for proposed future
transportation facilities, provided that a subdivider shall not be required
to provide or dedicate right-of-way for a proposed street to which access
would be prohibited by any governmental agency.
*IV-B-3-b. All subdivisions shall have a coordinated street system via a public or
*Amended private street and access a public, state, or municipal street.
10/16/90 A coordinated street system shall consider the following:
(a) Public street rights-of-way shall extend to adjacent properties to
provide an effective level of connectivity to the existing and future
countywide transportation network; and
(b) Lot access shall be limited on major subdivision streets that
provide eenneet-vity a link between two or more roads designated
in the Comprehensive Plan as arterials or collectors.
(eff.12/3/90) All subdivisions containing private streets shall have at least one street
which intersects with or joins an extension of a public, state, or municipal street—, e+
aigetheF pFivate Fead.
This ordinance shall become effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners
that this Zoning Atlas Amendment is effective upon approval.
Upon motion of Commissioner , seconded by Commissioner
the foregoing ordinance was adopted this the day of 2001.
066
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2001 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of ,
2001.
Clerk to the Board of Commissioners
3a � ,
explained in the agenda abstract. Impacts that would require submittal to the Division of Water Quality befor
any approvals could be issued by the County include driveway crossings that disturb greater than 25 linear
feet of the buffer, bridges, greenway trails, utilities, ponds and road crossings. The Stotmwater Ordinance
amendments conform to requirements byNCDENR-Division of Water Quality, the Environmental
Management Commission and the NC Administrative Code, rules 15A 213 .0233 and .0241. These changes
are the result of the State Attorney General's office extensive review, NCDENR-DWQ staff enforcement
experience and the recommendations of Harmony Whalen.
There were no public comments.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to close the
public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to place this
item on an upcoming Board of County Commissioners'agenda during which planning matters are
considered.
VOTE: UNANIMOUS
2= Soil Erosion and Sedimentation Control Ordinance Amendments
a. Changes minimum thresholds for grading permits in the Cane Creek and Upper Eno
Watersheds
Craig Benedict said that the proposed change is an update to the maps. The updates include the
Upper Eno and Cane Creek watersheds and reduce the threshold for required land disturbance permits from
20,000 square feet to 10,000 square feet.
There were no public comments.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to close the
public hearing.
VOTE: UNANIMOUS
A tmotion was mode by Commissioner Jacobs, seconded by Commissioner Gordon to place this
item on an upcoming Board of County Commissioners' agenda during which planning matters are
considered.
VOTE: UNANIMOUS
3. ORANGE COUNTY SUBDIVISION AMENDMENTS
a. Modify Section IV-13-3 Streets
1. Amend Section IV-B-3-a provision of streets rights-of-way
2. Amend Section IV-B-3-b
Craig Benedict distributed new language-for these subdivision amendments. He said that these,
amendments have to do with clarifying provisions for street rights-of-way and also a coordinated street
system within subdivisions. He distributed documents with the proposed language changes and read throug
the changes.
Nicole Gooding-Ray, Chair of the Planning Board, asked.for an explanation of the last paragrapt
in Section IV-B-3-b. Craig Benedict said that"private streets"was included in the lead in paragraph and the
staff'did not believe it was necessary to put it in the last paragraph since some subdivisions include private
streets and.some include public streets.
Commissioner Gordon asked how staff would review proposals differently now from what they
had previously and how this would affect Commissioner deliberations. Craig Benedict said that there would
be better guidance and a recommendation could be made to the Planning Board and Commission with a
clear coordinated street system.
There were no public comments.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to close the
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to refer the
proposed amendments to the Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than October 2, 2001.
VOTE: UNANIMOUS
b. Amend Flexible Development Street Standards
1. Amend Section 1V-B-10 D.4
Craig Benedict said that the County Commissioners on October 10, 2000, adopted
amendments to the Orange County Subdivision Regulations, Appendix A Orange County Private Road
Standards, to reduce the number of lots on a private road from 25 to 12; eliminate the class C private road
provision; and to reduce the number of lots on a class B private road from 0 to5: Street standards
(Subsection DA) in Section IV-B-10 Flexible Development that mimic language in the Orange County Privatc
Road Standards are now not consistent with the newly adopted amendments. Proposed amendments will
make Section IV-B-10 D.4 consistent with Appendix A Orange County Private Road Standards.
There were no public comments.
A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to close the
public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to refer the
proposed amendments to the Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than October 16, 2001.
VOTE- UNANIMOUS
4. ORANGE COUNTY ZONING ATLAS AMENDMENT
a.. Zoning Atlas Amendment to rezone from EC-5 to R-1
Craig Benedict made this presentation. This item is a reques,t from a private citizen, Ann Joyner,
for a zoning atlas amendment from an EC-5 (Existing Co in m e rcial,district 5 property)to an R-1 category
(Rural Residential). The property owners are listed in the abstract. The size of the parcel is 1.05 acres. The
property is located on the west side of Dodson's Crossroads. He said that EC-5 designations wereadded to
the map when zoning went into effect in the various townships.. There are approximately 75 EC-5
.designations because they did not conform to an area that Would typically be'applicable for a commercial
use. Th6 zoning atlas amendment is nestled within a subdivision change,which is not the topic of the public
hearing. There is another request with a suggestion to put a residence on lot 1 of the Blueberry Hill
subdivision along with the extinguishing of the EC-5 to the R-1. The interesting point about this lot is that
when it was recorded in 1986, it was shown as a private park. A homeowner's association was not
developed. so there is some question about the purpose of the private park.
Ann Joyner said that she feMs that the EC-5 designation is inconsistent with the surrounding
areas and removal of the zoning district from this residential and farming area is a reasonable action.
However, the zoning officer's recommendation that this be done for the private park purposes as shown on
the Board of County Commissioners' approved preliminary plat and existing recording plat of Blueberry Hills
subdivision has nothing to do with her request. She requested the zoning change to only go forward if it
could be simultaneous With removing the park designation. She asked the County Commissioners to
approve the petition to rezone to R-1 without reference to the private park. She said that this problem arose
originally because of a mistake that she made in 1986. She said that the reason the words, "park, private"
were put in there Was to buffer the EC-5 parcel because at that point they envisioned Using it as commercial
and wanted to buffer it-and she did not know the difference between open space and park. She added that
the County did not request the park designation. There are signed affidavits from all of the lot owners in the
subdivision saying,that they have no rights to the park. She has been paying$492 per year in taxes on this
- I "-& C?
d. Clarified Amendments to Orange County Private Road Subdivision Regulations:'
Section IV-B-3-d=1 and Ape ndix A Private Road Standards
The Board considered proposed amendments to the Grange County Subdivision Regulations,
Section IV-B 3-d-1 Roads and Appendix A.
Craig Benedict said that the original private road'standard amendments go back over a year
ago when there were 25 lots allowed on a dirt road. This was reduced to 12 lots and the changes have
been finalized. Also,the minimum lot size for the area was suggested to be doubled in order to have a
private road in a subdivision. It was brought up by Commissioner Jacobs to allow something less than
double the minimum lot size if there was at least 50%open space.
Craig Benedict clarified that three-lot subdivisions do not have to provide a private road
justification, but they still have to go through all of the other subdivision regulations to prove that a public
road would not be more appropriate. The private road must;still be built to a class B standard.
Commissioner Jacobs made reference to page five at the top and read as follows: "Such
subdivision of three or fewer lots may provide a private access easement for one adjacent lot... " He
asked haw the "may"works and if staff decides. Craig Benedict said that the suggestion would be made`
by a developer and a property owner and staff would decide if it was a good idea. It is a voluntary
situation. Commissioner Jacobs suggested saying,"Such subdivision of three or fewer lots would be
encouraged to provide..."so'that,it is clear that it is not a requirement'.
Commissioner Jacobs asked about'page seven, number seven and what would happen if the
grade does exceed 9'%. Craig Benedict said that 9% is quite steep and this is the provision presently in
the code. The purpose is to handle erosion control on slopes because any slope higher than 9% would,
have erosion problems. Commissioner Jacobs said that it would be better to have a declarative
statement that no private roads will be built at a;grade greater than 9%
Craig Benedict made note of the suggestion. Any change in the wording would have to go to
public hearing:.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to adopt
the proposed clarified amendments to Orange County Private Road Subdivision Regulations: Section
IV-B-3-d-1, and Appendix A Private Road Standards.
VOTE: UNANIMOUS
The Board decided to postpone item 8-g.
e. Appointments
The Board was to consider appointments to the Economic Development Commission,
Industrial Facilities and Pollution Control`Financing Authority, and the Visitors Bureau of Chapel Hill and
Orange County, but this item was delayed.
10, REPORTS -NONE
11 APPOINTMENTS -NONE
12 MINUTES,- NONE
13. CLOSED SESSION
A motion was made by Commissioner Gordon, seconded by Commissioner Carey to go into
closed session "To discuss the County's position and to instruct the County Manager and County
Attorney on the negotiating position regarding the terms of a contract to purchase real property," NCGS°
143-31811(a)(5),
VOTE: UNANIMOUS
14. ADJOURNMENT