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HomeMy WebLinkAboutAgenda - 09-18-2001 - 8g ORANGE COUNTY ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: September 18, 2001 Action Agenda Item No. 9­0 J_ SUBJECT: Amendments to Orange County Subdivision Regulations Concerning Definitions and Approval Procedures for Minor Subdivisions 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. 7-11-01 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 SubdAdsibn Regulations Section 11 Definitions and Section Ill-C Approval Procedures for Minor Subdivision. BACKGROUND: The Orange County Board of County Commissioners and the Orange County Planning Board, at a public hearing on May 29, 2001, received comments on proposed amendments to the Orange County Subdivision Regulations. These amendments dean up some items suggested by the Board of County Commissioners. Proposed amendments will: 1. Clarify that resultant lots created in a manner exempt from subdivision regulations must meet minimum lot sizes required for private road justification if served by a private road or an access easement; and 2. Provide a one-year extension after expiration of a one-year time-period allowed for the applicant to submit the mylar original of the Final Plat for endorsement by the Planning Department after approval of a minor subdivision Final Plat. Lots created in a manner defined by N.C. General Statutes as an exception to the definition of subdivision are exempt from local subdivision regulations; however, resultant lots must equal or exceed the regulations of the county as shown in its subdivision regulations. The proposed amendment to the definition of "Subdivision" in Section 11 Definitions will reinforce private road justification given in Section IV-B-3d-1 as part of Orange County's subdivision standards. The intent of the amendment is to eliminate the possibility that parcels may be recombined in such a manner that one or more resultant lots on a private road would contain less than the minimum area required in the private road justification section of the Subdivision Regulations. L The proposed amendment to Section III-C Approval Procedures for Minor Subdivisions: • establishes a one-year time limit for the applicant to submit the mylar original of the final plat; • provides, upon the applicant's request, an additional one-year extension from the original expiration date; • Establishes consistent time limit for recordation of all subdivision final plats (makes time limit for minor subdivisions consistent with time limit for major subdivisions). Comments regarding Section III-C follow: 1) Change "may" to "shall" in the second sentence of the first paragraph of Section III-C-4 Action Subsequent to Approval. Staff has incorporated this comment in the proposed amendments. 2) Send notices apprising all applicants, who have received minor subdivision approval but have not submitted a final plat to the Planning Department for recordation, that they have one year in which to submit the final plat, and that they may request in writing a one-year extension. Staff will send notice when the amendment is adopted. FINANCIAL IMPACT: There is no immediate financial impact associated with this decision item. 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 SECTION II DEFINITIONS AND SECTION III-C APPROVAL PROCEDURES FOR MINOR SUBDIVISION 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. GtFikethmu print indicates language to be deleted.) Section numbers in this document refer only to this document, and do not agree with regulation section numbers. SECTION 1: CLARIFY THE DEFINITION OF RESULTANT LOTS IN THE SUBDIVISION REGULATIONS TO INCLUDE MINIMUM LOT SIZES FOR ALL LOTS SERVED BY A PRIVATE ROAD OR AN ACCESS EASEMENT. THE DEFINITION OF SUBDIVISION IN ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION II DEFINITIONS, IS AMENDED TO READ AS FOLLOWS: SUBDIVISION Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets, provided, however, the following are not included within the definition and are not subject to any regulations pursuant to this part: (1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County as shown in its Subdivision Regulations including private road justification standards given in Section IV-B-3-d-1. Resultant lots, as referred to herein shall be deemed to equal standards of the Orange County Subdivision Regulations if the following standards are met: a. No conforming lot standard becomes non-conforming as a result of the recombination; and b. Any applicable impervious surface standards are met; and C. Access is provided to a public road, either direct, or by recorded easement; and d. A site suitable for sewage disposal is approved by the Orange County Health Department. Where soil is unsuitable for sewage disposal, or soil suitability is undetermined, a notice of restricted development potential shall be submitted and the lot(s) in question shall be so noted on the plat; and e. No increase in the number of access points to a public street over the number currently existing; and - r 4 ' f. Access is not shifted from a lower classified/volume street to a higher classified/volume street. (2) The division of land into parcels greater than 10 acres if no street right-of-way dedication is involved. (3) The public acquisition by purchase of strips of land for widening or opening streets. (4) The division of a tract in single ownership of the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are equal to or exceed the standards of the County as shown by its subdivision regulations. The surveyor and/or Planning Department shall also certify on the plat as required by GS 47-30(f)(11). SECTION 2: AMEND THE MINOR SUBDIVISION APPROVAL PROCEDURE TO LIMIT THE TIME IN WHICH THE MYLAR FOR AN APPROVED PLAT MAY BE SUBMITTED FOR PLANNING DEPARTMENT ENDORSEMENT. . ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION III-C APPROVAL PROCEDURES FOR MINOR SUBDIVISION, IS AMENDED BY ADDING THE FOLLOWING PARAGRAPH TO THE BEGINNING OF SECTION III-C-4 ACTION SUBSEQUENT TO APPROVAL: III-C-4. Action Subsequent to Approval From the date of approval of a Final Plat, with or without conditions, by the Planning Department, the applicant shall have one (1) year in which to submit to the Planning Department for endorsement a reproducible mylar original of the Final Plat. The Planning Director or his/her authorized agent ay shall grant, upon written request from the applicant, an extension of this time limit to one- year from the original date of expiration. The Planning Director or his/her designated representative shall endorse approval on a reproducible mylar original of the Final Plat if the Planning Department approves an application either with or without conditions. The applicant shall record such plat and any associated documents necessary to assure conformance with regulations in the Office of the Register of Deeds within ninety (90)days after the Planning Director's endorsement of approval. If such plat is not recorded within the specified time period, the minor subdivision plat is void. The Planning Director may extend this deadline provided the applicant can demonstrate a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements for recordation within that period. All such plats shall conform to drawing specifications and certification requirements for Final Plats contained in Section V-D of this Ordinance. Recordation of the approved final plat, and auxiliary documentation as required in the conditions of preliminary plat approval shall be with the advice and consent of the Planning Department. 5 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 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 6 MINUTES ORANGE COUNTY PLANNING BOARD JULY 11, 2001 6:30 p.m. MEMBERS PRESENT: Nicole Gooding-Ray (Chair), Lynn Holtkamp (7:30), Barry Katz, Howard McAdams, Rachel Preston, Hunter Schofield, James Selkirk, Bob Strayhom, Maria Tadd, and Theodore Triebel MEMBERS ABSENT: Craufurd Goodwin, Runyon Woods (both excused) STAFF PRESENT: Planning Director Craig Benedict, Gene Bell, Joanna Bradshaw, Robert Davis, Eddie Kirk, Karen Lincoln, and Tina Moon AGENDA ITEM #1: CALL TO ORDER AND ROLL CALL Chair Gooding-Ray called the meeting to order. AGENDA ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA None AGENDA ITEM #3: APPROVAL OF MINUTES- May 2, 2001 MOTION: Preston moved approval of the minutes for May 2, 2001. Seconded by McAdams. VOTE: Unanimous AGENDA ITEM #4: COMMISSIONERS' MEETING ACTION REPORTS October 3, 2000; October 17, 2000; November 1, 2000; November 21, 2000; December 4, 2000; January 18, 2001; February 7, 2001 There were no comments. AGENDA ITEM #5: PUBLIC CHARGE The Chair dispensed with the reading of the public charge. AGENDA ITEM #6: CHAIR COMMENTS Chair Gooding-Ray welcomed new Planning Board member Maria Tadd. AGENDA ITEM #7: COMMITTEE/ADVISORY BOARD REPORTS e. Board of Adjustment - McAdams reported that there was a meeting in June where a case was heard for an assisted living center. There was opposition from the neighbors, so this case was delayed until July. The case was approved in July. f. Agricultural Preservation Board - no meeting g. Ordinance Review Committee - no meeting h. Transportation Task Force -Triebel reported that there was a meeting in June. This was an informational meeting. 7 AGENDA ITEM #10: MATTERS HEARD AT PUBLIC HEARING (May 29, 2001) c. Amend Section 11 and 111-C (Approval Procedure for Minor Subdivisions) Karen Lincoln made this presentation. BACKGROUND: The Orange County Board of County Commissioners and the Orange County Planning Board, at a public hearing on May 29, 2001, received comments on proposed amendments to the Orange County Subdivision Regulations. Proposed amendments will: 1. Clarify that resultant lots created in a manner exempt from subdivision regulations must meet minimum lot sizes required for private road justification if served by a private road or an access easement; and 2. Provide a one-year extension,after expiration of a one-year time-period allowed for the applicant to submit the mylar original of the Final Plat for endorsement by the Planning Department after approval of a minor subdivision Final Plat. Lots created in a manner defined by N.C. General Statutes as an exception to the definition of subdivision are exempt from local subdivision regulations; however, resultant lots must equal or exceed the regulations of the county as shown in its subdivision regulations. The proposed amendment to the definition of "Subdivision" in Section 11 Definitions will reinforce private road justification given in Section IV-B-3d-1 as part of Orange County's subdivision standards. The intent of the amendment is to eliminate the possibility that parcels may be recombined in such a manner that would create lots at less than the minimum area required in the private road justification section of the Subdivision Regulations. The proposed amendment to Section lil-C Approval Procedures for Minor Subdivisions will set a one-year time limit for the applicant to submit the mylar original of the final plat and provide, upon the applicants request, an additional one-year extension from the original expiration date. The proposed amendment will set a time limit for recordation of minor subdivision final plats consistent with the time limits set on major subdivision approvals by the BOCC. Comments regarding Section 111-C follow: 1) Change "may" to "shall" in the second sentence of the first paragraph of Section 111-C-4 Action Subsequent to Approval. Staff has incorporated this comment in the proposed . amendments. 2) Send notices apprising all applicants, who have received minor subdivision approval but have not submitted a final plat to the Planning Department for recordation, that they have one year in which to submit the final plat, and that they may request in writing a one-year extension. Staff will send notice when the amendment is adopted. FINANCIAL IMPACT: There is no immediate financial impact associated with this decision item. RECOMMENDATION(S): Planning staff recommends that the Planning Board recommends adoption of the proposed amendments to the Board of County Commissioners. MOTION: Selkirk moved to accept the proposed amendments to the Orange County Subdivision Regulations Section 11 Definitions and Section 111-C, Approval Procedures for Minor Subdivisions. Seconded by Strayhorn. VOTE: Unanimous