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HomeMy WebLinkAboutORD-2001-030 Orange County Subdivision Amendments Modify Section IV-B-3 _ AN ORDINANCE AMENDING THE ORANGE COUNTY SUBDIVISION REGULATIONS SECTION IV-13-110 D.4 FLEXIBLE DEVELOPMENT STREETSTANDARDS THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION REGULATIONS ARE HEREBY AMENDED AS FOLLOWS: (Bold underlined print indicates language to be added. Bold strikethFough print indicates language to be deleted.) CONSISTENT WITH AMENDMENTS TO ORANGE COUNTY SUBDIVISION REGULATIONS APPENDIX A ADOPTED OCTOBER 10, 2000, SECTION IV-13-1 0 DA. FLEXIBLE DEVELOPMENT, STREET STANDARDS, IS AMENDED AS FOLLOWS: (IV-B-10. FLEXIBLE DEVELOPMENT) D.4 Street Standards All streets in Flexible Developments shall conform to the standards.contained in Section IV-13-3 of this Ordinance, provided, however, private roads will be permitted as follows: The number of lots served by a private road shall be limited as follows. as specified by, the Orange Counly Private Road Standards in Appendix A. o this ordinance Class of Lot- Class 10 to 25 Where a Flexible Development has 26. 12 lots or less, the street system may consist of different classes of private roads provided 6 logical hierarchy of private roads is planned, with those of lower classification connecting to those of higher Where a Flexible Development has more than -26 12 lots, the stre et system may consist of public streets and private roads provided: 0 The street system in the development forms a logical hierarchy of thoroughfares with streets of lower classification connecting to streets of higher-classification; 0 The development contains no more than 50 lots; 0 All entrance roads serving the development are public streets; 0 All streets which stub-out at property lines-lo provide for the extension of or connection to future street systems are public streets; and 0 Private roads are not proposed as part of a Village (Section DA) except in the Village Conservancy portion of the development. • Private, dead-end roads may be terminated in a cul-de-sac or "T" turnaround. Where a "T" turnaround is used as the terminus for a private road, the dimensions (e.g., turning radius) of the "T" shall be sufficient to allow emergency service and trash collection vehicles adequate room to turn around. • Existing street rights-of-way may not count toward the minimum thirty-three percent (33%) open space requirement. However, new street rights-of-way may be counted but only to the extent that they are required to pass through or by open space uses as defined herein to link one buildable portion of a site with another; and they are located and/or constructed so as to have no adverse' impacts on Primary and Secondary Conservation Areas. 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 Laak- _, seconded by Commissioner the foregoing ordinance was adopted this the 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 Z1 2001 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No.2/ of the minutes of said Board. WITNESS my hand and the seal of said County, this day ok 20096 'Clerk - V 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. StFil<ethmu print indicates language to be deleted.) ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-13-3 STREETS, IS AMENDED TO READ AS FOLLOWS: IV-B-3. STREETS *IV-13-3-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,.where appropriate, reservation for or dedication of street rights-of-way for future transportation facilities proposed in the Comprehensive Plan., PFSVided that a-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 with public or *Amended private streets that and access a public, state, e municipal street or a public, State maintained street. 10/16/90 A coordinated street system shall consider the following: (a) Public street rights-of-way shall abut adjacent properties as necessary to provide connectivity to the countywide transportation network; and (b)Lot access to streets serving the subdivision shall be limited in the case of streets that provide sonnestw+ty a link between two or more roads designated in the Comprehensive Plan as arterials or collectors. (eff.12/3/90) All subdivisions G9Rt niRg Private stFe shall have at least one street which intersects with or joins aR extension ^{ a public, state, eF municipal street or a public, State maintained street., 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 co , seconded by Commissioner the foregoing ordinance was adopted this the day of e , 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 ////F 2001 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. 51 of the minutes of said Board. WITNESS my hand and the-seal of said County, this day of r-atc�— Clerk to th/e Board of Comimissioners . 1 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 19, 2001 Action Agenda Item No. 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: Y/N No INFORMATION CONTACT: ATTACHMENT(S): Craig Benedict, ext. 2592 1. Ordinance Amending the Orange County Karen Lincoln, ext. 2594 Subdivision Regulations 2. October 3, 2001, Planning Board Minutes TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Durham 688-7331 PURPOSE: To consider proposed amendments to the Orange County Subdivision Regulations Section IV-13-3 Streets, to clarify: 1. Section IV-13-3-a, provision of streets rights-of-way ; and 2. Section IV-B-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. Planning staff presented the proposed amendments on September 27, 2001 at a joint public hearing before the Orange County Board of County Commissioners and the Orange County Planning Board. The Board of County Commissioners referred the amendments to the Planning Board for its recommendation. The Planning Board considered the proposed amendments at its meeting on October 3, 2001, and voted unanimously to recommend that the Board of County Commissioners adopt the amendments. FINANCIAL IMPACT: There is no immediate financial impact associated with this decision item. 2 RECOMMENDATION(S): Planning Board Recommendation: The Planning Board unanimously recommends that the Board of County Commissioners adopt the proposed amendments. Administration Recommendation: The Administration recommends that the Board of County Commissioners adopt the proposed amendments. 3 AN ORDINANCE AMENDING THE ORANGE COUNTY SUBDIVISION REGULATIONS IV-13-3 STREETS, SECTION IV-B��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. StFikethmu print indicates language to be deleted.) ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-13-3 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, where appropriate, reservation for or dedication of street rights-of-way for future transportation facilities proposed in the Comprehensive Plan., preyided that a 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 v4a-a with public or *Amended private streets that aPA access a public, state, e municipal street or a public, State maintained street. 10/16/90 A coordinated street system shall consider the following: (a) Public street rights-of-way shall abut adjacent properties as necessary to provide connectivity to the countywide transportation network; and (b) Lot access to streets serving the subdivision shall-be limited in the case of streets that provide eenneetivity a link between two or more roads designated in the Comprehensive Plan as arterials or collectors. (eff.12/3/90) All subdivisions eentaining pFivate StFe shall have at least one street which intersects with or joins an ex4ensien a public, state, e municipal street or a public, State maintained street., eF anetheF pFiyate read. This ordinance shall become effective upon adoption. 4 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. 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 5 MINUTES ORANGE COUNTY PLANNING BOARD OCTOBER 3,2001 7:30 p.m. MEMBERS PRESENT: Nicole Gooding-Ray(Chair),Crauford Goodwin,Howard McAdams, Rachel Preston,Hunter Schofield,Bob Strayhorn,Maria Tadd and Theodore Triebel. MEMBERS ABSENT: Barry Katz(excused),James Selkirk(excused),and Lynn Holtkamp (unexcused) STAFF PRESENT: Planning Director Craig Benedict,Joanna Bradshaw,Aaron Cain,Robert Davis,Tom King,Eddie Kirk,Tina Moon AGENDA ITEM#1: CALL TO ORDER AND ROLL CALL Chair Gooding-Ray balled the meeting to order. AGENDA ITEM#2: ADDITIONS OR CHANGES TO THE AGENDA Rachel Preston nominated Hunter Schofield for Vice Chair of the Planning Board. VOTE: Unanimous AGENDA ITEM#3: APPROVAL OF MINUTES—September 5,2001 MOTION: McAdams moved approval of the minutes for September 5,2001. Seconded by Schofield. VOTE: Unanimous. AGENDA ITEM#4: COMMISSIONERS'MEETING ACTION REPORTS None available. AGENDA ITEM#5: PUBLIC CHARGE Chair Gooding-Ray read the public charge. AGENDA ITEM#6: CHAIR COMMENTS Chair Gooding-Ray asked for a moment of silence to reflect on the sad events of September 11,2001. AGENDA ITEM#7: COMMITTEE/ADVISORY BOARD REPORTS a. Board of Adjustment—McAdams reported that one case was continued from the previous month and it was withdrawn. Another case was continued for two months. b. Agricultural Preservation Board—Strayhom was not able to attend the meeting. Comprehensive Plan Update—Benedict reported that a process would begin on October 22nd with a work session with the Board of County Commissioners on sustainability. There will be a town meeting on November 26"'during the regular quarterly public hearing on met earlier MOTION: Schofield moved to send the application back to the staff for further adjustment. Seconded by | / AGENDA ITEM#9: MATTERS BEARD AT PUBLIC BEARING(AUGUST 27,2001) a. Orange County Subdivision Amendments 1. Amend Section IV-B-3 to Clarify Provisions for Street Rights-of- Way and Coordinated System Lincoln said that the purpose of this item was for the board to make a recommendation to forward to the Board of County Commissioners regarding the subdivision amendments. Staff is recommending that the Planning Board recommend that the Board of County Commissioners adopt these amendments. MOTION: McAdams moved to forward a recommendation for approval of the proposed amendments to be adopted by the Board of County Commissioners. Seconded by Tadd. VOTE: Unanimous 2. Amendments Consistent with Private Road Standards Adopted This item is to make the number of lots on a private r6ad on a flexible development plan consistent with what was approved last October. This was an oversight. MOTION: Schofield moved to forward a recommendation for approval of the proposed amendments to be adopted by the Board of County Commissioners. Seconded by Preston. VOTE: Unanimous 3 .b l 069 0 A k) - 2�43 AN ORDINANCE AMENDING THE ORANGE COUNTY SUBDIVISION REGULATIONS SECTION IV-B-10 D.4 FLEXIBLE DEVELOPMENT STREET STANDARDS THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION REGULATIONS ARE HEREBY AMENDED AS FOLLOWS: (gold underlined print indicates language to be added. Feld-StFikethFeU print indicates language to be deleted.) CONSISTENT WITH AMENDMENTS TO ORANGE COUNTY SUBDIVISION REGULATIONS APPENDIX A ADOPTED OCTOBER 10, 2000, SECTION IV-13-10 %.D.4. FLEXIBLE DEVELOPMENT, STREET STANDARDS, IS AMENDED AS FOLLOWS: (IV-13-10. FLEXIBLE DEVELOPMENT) D.4 Street Standards All streets in Flexible Developments shall conform to the standards contained in Section IV-131-3 of this Ordinance, provided, however, private roads will be permitted as follows: • The number of lots served by a private road shall be limited as fellews-i-as specified by the Orange County Private Road Standards in Appendix A. of this ordinance Read Numbe Class of Lets Claus-G 1 to-3 Glass 8 4 to-9 Glass-A 10 to 26 • Where a Flexible Development has 2-6 12 lots or less, the street system may consist of different classes of private roads provided a logical hierarchy of private roads is planned, with those of lower classification connecting to those of higher classification; • Where a Flexible Development has more than 26 12 lots, the street system may consist of public streets and private roads provided: 0 The street system in the development forms a logical hierarchy of thoroughfares with streets of lower classification connecting to streets of higher classification; 070 3 0 The development contains no more than 50 lots; 0 All entrance roads serving the development are public streets; 0 All streets which stub-out at property lines to provide for the extension of or connection to future street systems are public streets; and 0 Private roads are not proposed as part of a Village (Section DA) except in the Village Conservancy portion of the development. • Private, dead-end roads may be terminated in a cul-de-sac or "T" turnaround. Where a "T" turnaround is used as the terminus for a private road, the dimensions (e.g., turning radius) of the "T"`shall be sufficient to allow emergency service and trash collection vehicles adequate room to turn around. • Existing street rights-of-way may not count toward the minimum thirty-three percent (33%) open space requirement. However, new street rights-of-way may be counted but only to the extent that they are required to pass through or by open space uses as defined herein to link one buildable portion of a site with another; and they are located and/or constructed so as to have no adverse impacts on Primary and Secondary Conservation Areas. 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. 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. Of' 1067 ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 27, 2001 Action Agenda Item No. La-b44 SUBJECT: Amendments to Flexible Development Street Standards Consistent with Private Road Standards Adopted 10-10-00. DEPARTMENT: Planning PUBLIC HEARING: Y/N YES INFORMATION CONTACT: ATTACHMENT(S): Craig Benedict, ext. 2592 1. Ordinance Amending the Orange County Karen Lincoln, ext. 2594 Subdivision Regulations Section IV-B-10 D.4 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Durham 688-7331 PURPOSE: To receive citizen comment on proposed amendments to Orange County Subdivision Regulations Section IV-13-10 D.4, Flexible. Development Street Standards. These are not new changes, but a re-editing of a separate section of the subdivision regulations to conform to what was previously adopted. BACKGROUND: The Orange County Board of 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 9 to 5. Street standards (Subsection DA) in Section IV-13-10 Flexible Development that mimic language in the Orange County Private Road Standards are now not consistent with the newly adopted amendments. Proposed amendments (page 2) will make Section IV-13-10 DA consistent with Appendix A Orange County Private Road Standards, 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 16, 2001. g:\transportation\privateroads\flex_dev_8-27phabs.doc 9- a�- o C3 6 ` 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 IV-13-10 DA 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 9 to 5. Street standards (Subsection D.4) in Section IV-13-10 Flexible Development that mimic language in the Orange County Private Road Standards are now not consistent with the newly adopted amendments. Proposed amendments will make Section IV-B-10 DA 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 request from a private citizen, Ann Joyner, for a zoning atlas amendment from an EC-5 (Existing Commercial 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 were added 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. The 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 feels 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 lot with which they can do nothing because of the park designation. Craig Benedict said that no action would be taken on this but that it would be referred to the 8 The Board approved a petition from the North Carolina Department of Transportation for abandonment of Clyde Road in Chapel Hill Township from the state secondary road maintenance program. i. Amendments to Orancte County Subdivision Regulations Section IV-B-3 to Clarify Provisions for Street`Riahts-of way and Coordinated Street System The Board adopted the proposed amendments to the Orange County subdivision regulations to clarify section IV-B-3-a, provision of streets rights-of-way,and section IV-B-3'-b, provision for a coordinated street system. L Amendments to Flexible Development Street Standards Consistent with Private Road Standards Adopted October 10, 2000 The Board approved proposed amendments to the Orange County subdivision regulations, section IV-13-1 0.4, flexible development street standards. k. Appointment to Carrboro Board of Adjustment The Board appointed John 1. Ring to the Carrboro Board of Adjustment for a term ending February 28, 2004. 1 Appointment to Orange Community Housing and Land Trust(OCHLTI The Board'appointed Garry Sronce to the Orange Community Housing and Land Trust for a term ending at the first Annual Meeting, spring, 2002. m. Appointment to the Carrboro Committee to Preserve the Adams Property,on Bolin Creek The Board appointed Rich Shaw as the County Commissioners representative to the Carrboro's Committee to Preserve the Adams Property on Bolin Creek. n. Appointment to the Hiillsborouah Board of Adjustment to an Extraterritorial Jurisdiction (ETJ) Position The Board removed this item for separate consideration at the end of the Consent Agenda. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA e. HOME Proctram -Property Acciuisition The Board considered authorizing a,development agreement with the Town of Chapel Hill on behalf of the Orange County HOME Consortium for the acquisition of rental property in Chapel Hill. Commissioner Jacobs said that he recalls approving$75,000 for a similar single unit rental property acquisition also in Chapel Hill. This seems like a tremendous expenditure to benefit a single family. He suggested that the$75,000 in bond monies could be better spent for some other projects proposed or the monies held until they could be used to benefit more people. He asked that the Affordable Housing Advisory Board review this project and provide any recommendations about the appropriation of the $75,000. Commissioner Brown suggested asking the Chapel Hill Department of Housing about this property. Housing and Community Development Director Tara Fikes agreed to do this.. A motion was made by Commissioner Jacobs,seconded by Commissioner Brown to approve expenditure of the HOME Consortium funds for the property acquisition and then get further information and values regarding whether or not to expend bond funds on this as well. VOTE: UNANIMOUS