HomeMy WebLinkAboutAgenda - 08-26-1996 - C3c r OW
ORANGECOUNTY
BOARD OF COMMISSIONERS
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: August 26. 1996
Action Agenda
Item# C 3c
SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT
Section IV-B-9 Cluster Developments
Section III-D Approval Procedures for Major Subdivisions
Section V-A Specifications for Plat Drawings(Concept Plans in Rural Buffer)
DEPARTMENT: PLANNING PUBLIC HEARING_X Yes No
BUDGET AMENDMENT REQUIRED Yes–X—No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Amendment Mary Willis
Extension 2583
TELEPHONE NUMBERS:
Hillsborough-732-8181
Durham -688-7331
Mebane -227-2031
Chapel Hill-967-9251
PURPOSE: To consider a proposed amendment to re-adopt cluster subdivision provisions
and Concept Plan application and approval procedures in the Rural Buffer.
BACKGROUND On May 1, 1996, the Board of Commissioners approved Flexible
Development regulations to encourage the preservation of open space in
subdivision designs. The flexible development provisions superseded the
previous cluster subdivision provisions and they were deleted from the
ordinance. Also deleted were the previous application and approval
procedures for Concept Plan, replaced by the flexible development
application and approval procedures.
os8 "
The flexible development provisions are applicable in all residential
zoning districts except the Rural Buffer .Deleting the previous cluster
regulations and Concept Plan application and approval procedures had the
unintended result of eliminating those provisions in the Rural Buffer. The
Planning Staff recommends that the previous provisions be re-adopted to
apply to that district only.
RECOMMENDATION: Section VII-D-3 of the Subdivision Regulations requires that
proposed amendments to the text of the Subdivision Regulations
be presented at a joint public hearing involving the Board of
Commissioners and the Planning Board. It is at that time that the
Planning Department's recommendation is presented.
Planning Department Recommendation
Provided that the Planning Board and Board of Commissioners
find in the affirmative, the Planning Department recommends
approval of the proposed text amendment.
No decision is made on the proposed amendments by either the
Planning Board or Board of Commissioners at the public hearing.
Instead, the Planning Board has 75 days within which to prepare
and submit a recommendation to the Board of Commissioners.
Failure of the Planning Board to submit a recommendation within
the required time shall be considered a favorable
recommendation.
AAministration Recommendation
The Administration recommends that the proposed amendment be
referred to the Planning Board for a recommendation to be
returned to the Board no sooner than October 1, 1996
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PROPOSED ORDINANCE AMENDMENT
ORDINANCE: SUBDIVISION REGULATIONS
REFERENCE: IV-B-9 Cluster Developments
III-D Approval Procedures for Major Subdivisions
V-A Specifications for Plat Drawings(Concept Plans in Rural Buffer)
ORIGIN OF AMENDMENT: _X_Staff Planning Board
BOCC Public
Other:
STAFF PRIORITY RECOMMENDATION:_X_High Middle Low
Comment:
PUBLIC HEARING DATE: August 26, 1996
PURPOSE OF AMENDMENT:
To consider an amendment to the Subdivision Regulations applicable in the Rural Buffer, to
allow cluster subdivisions and to specify Concept Plan application and approval procedures.
IMPACTS/ISSUES:
On May 1, 1996, the Board of Commissioners approved Flexible Development regulations to
encourage the preservation of open space in subdivision designs. The flexible development
provisions are applicable in all residential zoning districts except the Rural Buffer. Because the
Rural Buffer is in the Joint Planning Area, application of the flexible development regulations
would have required approval of the governing boards of Orange County, Chapel Hill and
Carrboro.
Prior to adoption of the flexible development regulations, Section IV-B-10 consisted of
standards and procedures for cluster subdivisions, and was applicable to all residential zoning
districts. The flexible development provisions superseded the previous cluster subdivision
provisions and they were deleted from the"ordinance. Also deleted were the previous
application and approval procedures for Concept Plan, replaced by the flexible development
application and approval procedures.
Deleting the previous cluster regulations had the unintended result of eliminating any provision
for clustering in the Rural Buffer. Until such time as subdivision regulations pertaining to the
Rural Buffer are revised to reflect alternative development strategies such as flexible
development or the previously-recommended rural character strategies, development there will
be limited to conventional subdivision design, with each lot containing a minimum area of two
acres (two acres/five acres in University Lake Watershed).
G P.
Deleting the previous Concept Plan application and approval procedures had the unintended
result of leaving no provisions for Concept Plan approval in the Rural Buffer.
Since it was- not the expressed intent of the Board of Commissioners to eliminate cluster
subdivisions or Concept Plan requirements in the Rural Buffer, the Planning Staff recommends
that the previous provisions be re-adopted. The text is modified as needed to reflect that the
provisions are only applicable in the Rural Buffer. Approval of this amendment would maintain
the opportunity to provide open space and protect sensitive resources through subdivision design
until other regulations specific to the Rural Buffer are adopted by the three governing boards.
EXISTING ORDINANCE PROVISIONS AND PROPOSED
AMENDMENT:
SECTION IV - REQUIRED MINIMUM DESIGN STANDARDS
IV-B-9 CLUSTER DEVELOPMENTS
IV-B-9-a Intent
Cluster development allows for greater design flexibility and originality.
permit the reasonable use of land with difficult physical conditions
(topography. floodplain. unique natural areas. etc.) respect the 12hysical
qualities of the land, reduce the overall development and public costs and.
preserve open space to serve recreational, scenic and public service poses
Cluster devel==nts permit the modification and variation of lot and yard
require provided that the sum of reductions in lot area becomes
common open and for recreation space for the benefit of all residents of tht
cluster development or for dedication to public use.
Cluster develMment may be required where protection of environmental
resources identified in "An Inventory of Site of Cultural_ Historic_
Recreational. Biological. and Geological Significance in the U incorporated
Portions of Orange County" or "Inventory of the Natural Areas and Wildlife
Habitats of Orang Co u=.. North Carolina" c nnot be accomplished through
the development of a standard subdivision. Otherwise- cluster develmme Bras
are an option for the developer. However, all cluster developments_ whether
required or op ed for by the developer. shall be done in compliance with the
provisions and standards related to or referring to cluster develop= n s
contained in this , ion.
IV-B-9-b Application Criteria
Cluster developments may be approved in he Rural Buffer zoning distric
=n the following findings-
a) The tract is a minimum of 400,000 square feet
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b) Approved water suppjy and wastewater treatment yCYP_ny arP
available and each lot is served bysparate water sunj2jy and
sewerage connections.
C) The total number of lots proposed for the tract. excluding parcels o
reserved recreation/open space is not greater than the n umber
determined by dividing the gross land area excluding public and
private road rights-of-way. by the minimum lot size required for the
Rural Buffer zoning district and University Lake Watershed (where
apnlic� able).
d) The recreation/opgn space reserved within the tract conforms Section
IV-B-7-b.
e) The minimum amount of land reserved as recreation/o=n space shall
be the sum of all reductions in minimum lot area as a result of the
cluster form of development and/or the mimum recreation/own
space required in Section IV-B-7-b. whichever is greater.
f) Cluster open space shall not include areas devoted to public or private
vehicular streets.
g,) Cluster developments in the UNIV-PW and UNIV-CA Watershed
Protection Overlay Districts shall comply with the development
standards as set forth in Article 6.23.9 of the Orange County Zoning
Ordinance,
LY-13-9-c Reductions in Lot and Setback Requirements
For lots created as part of a cluster development. minimum lot area. lot
width and setback reQuirements as specified in Article 4.1.2 of the Orange
o m o i g Ordinance may be reduced as set forth below.
a. Minimum lot rea requirements may be reduced to no less than one
acre.
b Minimum lot width requirements may be reduced to no less than 104
f=
C. Minimum front setback requirements may be reduced to thirty (30)
feet except where the front lot line forms_an exterior boundary of the
cluster develQ=nt.
d Minimum rear and side setback requirements may be reduced to ten
(Q) feet except where the rear and side lot line forms an exterior
boundary of the cluster development.
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( ) The ci itability of cluster ol&n space intended for scenic value shall be
determined by its visibility from a joi iIIg properties and streets
re and
shall seek to lessen he a devoted to motor vehicle access.
(f) Diversity na d originality in lot layout shall be encouraged to achieve
the best possible relation-shin between the land and the development.
(gy) lip to one-fourth of the land with slopes greater than fifteen p r n
(15%) maybe removed or altered only when such slopes are small
and isolated and do not otherwise adversely affect the design of the
development.
(h) At least twenty percent 20% of the gross land area is designated as
common o=n space No more than fifty percent (50%) of the
required common open space shall be used exclusively for sewage_
treatment systems utilities or other uses which prohibit access by the
residents of the _cluster subdiyision_ This restriction does not apply to
areas of historic or natural significance which may be protected by
access restrictions.
IV B-9- Application Requirements (Eor Cluster Subdivisions)
In addition to the information spgcified in Section V-C for Major Subdivision
prelimina_ry Plans or Section V-D for Minor Subdivision Final Plats.
=li ations must be accomp n�,ied by:
a. Application shall be identified as a Cluster Development Subdivision.
b A precise description of the extent to which the proposed
modifications depart from the s and rd requirements of the appli abl
zoii3�g district and the reasons for such deppa_rtures.
C- The location tune aW area of the common open space and the
add Q Ua y of the mount and function of the oen
p space in terms of
densities and dwelling Z=s ImMsed.
d Written site analysis accompanietby an illustrative site map, w ich
identifies the following;
1. slopes 7 1/2 - 15%
2 s1Qpgs 15% and gr a er
3. vegetation
A. siLynificant stands of trees
S significant examples of a 12=icular species of flee OCCllt7ing lIl
a nativ - stand ad specimen trees (,those which have denna_rted
in some res= from the standard characteristics of the species
and developed a character of share size or brancb structure
That gives them a s=ial nth erest
074
6. drainage and waterways
7. floodplains
8. significant rock outcropping
9. significant scenic vistas
10, soils with limitation for on-site wastewater systems and
building development
e. The manner in which the plan makes adeq a e provision for water and
wastewater treatment.
f The relationship of the plan to the physical environment, the
neighborhood in which it is proposed to be established and the intent
of the provisions providing for the establishment of a cluster
subdivision.
SECTION III - APPLICATION AND APPROVAL PROCEDURES
III-D. Approval Procedures for Major Subdivisions
III-D-1. Concept Plan Approval in all Zoning Districts Except the Rural Buffer
III-D-2 Concept Plan Approval in the Rural Buffer Zoning District
III-D-2a. Application Requirements
Prior to the submission of a Preliminary Plat.the subdivider shall submit to the
Pl nning„Doartn_?ent sixteen(16)copies of a Concept Plan_of the proposed
moor subdivision. The Concept Plan shall be p=ared in accordance with the
specifications for Concept Plan drawings as contained in Section V-B of this
Ordinance.
III-D-2-b. Planning Department Review Procedures
JJpgn rece'pi of the Concept Plan. the Planning Department shall review the
pmposal for general compliance with the requirements of this Ordinance and the
Zoning Ordinance. if applicable including hte presence of any sites identified in
An_Inventory Qf Sites of Cultural. Historic.- Recreational. Biological and
Geological significance in the Unincorj2orated Portions Qf Orange County"and
Inventory of the Natural Areas and Wildlife Habitats at Orange County. North
Carolina". The Planning Department shall also consider the general suitability
of the land for development to avoid unnecessary the redesign of
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From the date of approval of the Concept Plan by the Planning Board. the
applicant shall have one (1) year in which to prepare and file an application for
Prelimina= Plat approval. If a Prelimin=P_lat for the subdivision has not been
submitted within the specified time limit,the Concept Plan shall become null and
. YQld�
III-D-2-c Appeal Procedures
The decision of the Planning Board regarding a Concept Plan may appealed to
the Board of Commissioners If=pealed. the Concept Plan shall be placed on
the next regular meeting agenda of the Bo rd of Commissioners The Board of
Commissioners shall have final approval authority and where applicable. all
Concept Plans shall contain information and/or conditions approved by the
Board of Commissioners.
The Board of Commissioners in all such appeals shall make findings of fact in
s=ort of its rlaricion, The applicant shall be notified. in writing, of the Board
of Commissioners'decision within ten(10)days after said decision is made.
III-D-23 Preliminary Plan Approval
III-D-34 Final Plat Approval
SECTION V- SPECIFICATIONS FOR PLAT DRAWINGS
VA.
requirements of this Section shall apply to the format of drawings.
V-® Concept Plan for Subdivisions in Rural Buffer Zoning District
Con t Plans all be drawn in black ink or pencil to a scale of not less than
two hundred(200)feet to the inch The scale chosen shall be large enough
show an Tequired detail clearly and legibly, The plan shall contain the following
information:
(1) A sketch vicinity man showing the location of the subdivision in relation to
the existing.street or high y system;
( ) The plotted boundaries of the tract from deeds or maps of record and the
portion of the tract to be subdivided:
0'7'7
(3) The to 1 acreage to be subdivided, including tax mat) block and lot
number reference:
(4) General descriptions of existing and land uses within he
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subdivision and the existing uses of land adjoining it. including but not
limited to readily identifiable easements. burial o t ds. xikin
s t tree_ natural areas. floodplain and watershed boundaries,railroad and
street rights-of-way-, major wood fin s water supply and sewage disposal
lines, and storm drainage facilities which can be determined from aerial
p otogmphs. maps of record State/Federal resource maps and local
planning Aocuments:
(5) The proposed street layout within the subdivision including travelway and
right-of-way wid hs,and connection to existing streetse
(6) The proposed arrangement of lots within the subdivision_ including Size
and number:
(7) The name, address and telephone number of the subdivider or owner and
the person responsible for the subdivision design:
(8) Scale approximate north arrow and date of plat prep ra_ation; and
(9) Name of subdivision.
Two(2)copies of the Concept Plan shall be submitted to the Planning
Department for review and approval in accordance with Section III-C-1 for
minor subdivisions. Twenty-five(25)copies of the Concept Plan should be
submitted to the Planning Dgpa-rn??ent for review and approval in accordance
with Section III-D-I for major subdivisions. A copy of the Q=priate Orange
Cozen Tax Man shall accompany the Conce tn Plan-
V-B Concept Plan for all Zoning Districts Except the Rural Buffer
V-C. Preliminary Plat
V-D Final Plat
ORDINANCE REVIEW SUBCOMIV MEE: 7/3/96
PLANNING BOARD REVIEW:
BOCC REVIEW: