HomeMy WebLinkAboutPH ORD-1996-030 Proposed Subdivision Regulations Text Amendment Section IV-b-9, Section III-D, Section V-A OW,
ORANGECOUNTY
BOARD OF COMMISSIONERS
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: August 26, 1996
Action Agenda
Item# C 3c
SUBJECT: PROPOSED SUBDMSION 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 The flexible development provisions superseded the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.
RECONEWENDATION: 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 D-Martment 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.
ministration 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
069
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).
U70
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 MIlUMUM DESIGN STANDARDS
IY-B-9 CLUSTER DEVRL.OEMNTS
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 physical
qualities of the land. reduce the overall development and public costs and.
preserve oven space to serve recreational. scenic and public service purposes
Cluster develgpments permit the modification and variation of lot and yard
requirements provided that the sum of reductions in lot area becomes
common open and for recreation space for the benefit of all residents of the
cluster development or for dedication to public use.
Cluster development a byerreQuired where protection of environmental
resources identified in "An Inventory of Site of Cultural Historic,
Recreational. Biological, and Geological Significance in the Uninco=rated
Portions of Orange County" or "Inventory of the Natural Areas and Wildlife
Habitats of Orange County. North Carolina" c nnot be accomplished thrn=ugh
the development of a standard subdivision, Otherwise- cluster developments
are an option for the develo=. However. all cluster developm n . whether
mired or o cd for by the developer. shall be done in compliance with the
- . iong and ion. standards related to or referring to cluster developm n
contained in this Section.
IV-11-9-b Application Criteria
Cluster devela=nts may be approved in the Rural Buffer zoning district
upon th e following findings-
a) The tract is a minimum of 400-000sgnare feet
071
I2)Approved water supply and wastewater treatment systems are
ava ilable nd each lot is served by._.,separate water supply and
sewerage connections.
Cl The total number of lots proposed for the tract, excluding parcels of
reserved recreation/open sl2ace is not greater than the number
determined by divid' g the gross land area, excluding public and
private road ri -of-=aY 2y the minimum lot size required for the
Rural Buffer boning district and University Lake Watershed (where
applicable).
d) The recreation/oMn sl ace reserved within the tract conforms Section
IV-B-7-b.
e) The minimum amount of land reserved as recreation/open space shall
he the sum of all reductions in minimum lot area as a result of the
cluster form of development and/or the minimum recreation/open
space required in Section IV-B-7-b, whichever is greater.
Cluster open space shall not include areas devoted to public or priva e
vehicular streets.
g) Cluster developments in the i iNTV-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 Cow Zo ink
Ordinance.
IV B 9-c Reductions in Lot and Setback Requirements
For lots created asp art of a cluster development minimum lot area to
width and setback requirements as =ified in Article 4.1.2 of the Orange
o w Z o ing_Ordinance may be reduced as set forth below.
a. Minimum lot area r u'rements MU he reduced to no less than one
acre.
b- Minimum lot width requirements may be reduced to no less than 104
f=L
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 devel_opm n
Minimum rear and side setback requirements may he reduced to ten
(j0) feet except where the rear aW side lot line forms an exterior
boundary of the cluster devel_o m n .
0'72
IV__H_9A Ownershiip of and Conveyance of Cluster Recreation/Open Space
a Cluster recreation/open space shall be dedicated public unless the
Board of-Commissioners finds that the size. location hype of
development or cost of deyClol2ment or mainte an e of such space or
the availability of public =n/mereation space would make public
undesirable or unnecessary.
b. The applicant may request that the cluster recreation/open space be
designated for private use._
C. If cluster open/r creation space is not dedicated for public use. it shall
be abject to approved legal arrangements sufficient to assure its
maintenance and preservation for the intended p=ose as provided to
Section V - Specifications for Plat Drawings,
I Open space designed to protect environmental resources identified in
"An Imentory of Sites of Cultural Historic, Recreational. Biologies,
and Geological Significance in the Unincorporated Portions of Orange
o " cr "Inventory of the Natural Areas and Wildlife Habitats of
Orange Co=n North Carolina" shall be adegtlately protected
through dedication of conservation easements_ dedication to Orange
CmajV. restrictive covenants or other means found appropriate for
the long-term preservation of the particular site or resource.
IV B-9-e Approval of Major Subdivision Prelimin= Plan or Minor Subdivision
Fin 1 Pla far Cluster Subdivisions)
An approved major subdivision preliminary plan or minor subdivision
Final Plat shall provide for a toW envirom��nt better�=that which could
be achieved under standard regulations and must meet the following criteria:
(a) Individual lots buildings and streets shall be designed and situated to
mjn. . alteration of the natural site features to be preserved.
l The usabiity of cluster opcn/recreation shall be determined by
the size- sh I=aranhic and location requirements specified in
motion LV-B-7-b.
(G) Cluster open spaces all include irreplaceable natural features such as,
but not limited to- streams si ific nt slaWs of trees_ individual_ trees
of significant size and/or specjes_ uncommon plant communities,
wildlife habitats and rock outcrop-'—
�dl Cluster recreation space shall be easily accessible to pedestrians.
in 1_c udine the handicappgd,
o7�
(e) The suitability of cluster oven space intended for scenic values all be
determined by its visibility from adjoining properties and streets and
shall seek to lessen the area devoted to motor vehicle access.
(f) Diversity and originality in lot layout shall be encouraged to achieve
the best possible relationship between the land and the development.
(g) Up to one-fourth of the land with slopes greater than fifteen percent
(15%) may be removed or altered only when such slopes are small
and isolated and do not otherwise adversely affect the design he
development.
At least twenty percent 20%) of the gross land area is designated as
common open space. No more than fifty percent (50%) of the
required common oven space shall be used exclusively for sewage
treatments std, utilities. or other uses which prohibit access by the
residents of the cluster subdivision. This restriction does not apply to
areas of historic or natural significance which may be prote
access restrictions.
IV-B-9-f Application Requirements (For Cluster Subdivisions)
In addition to the information spgcified in Section V-C for Major Subdivision
Preliminary Plans or Section V-D for Minor Subdivision Final Plats.
applications must be accompanied 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 standard req . ments of the applicable
zoning district and the reasons for such departures.
C. The location. tyre and area of the common open space and the
adequacy of the amount and function of the open space in terms of
densities and dwelling furs pr=sed.
d. Written site analysis accompanied by an illustrative site map. which
identifies the following:
1. slopes 7 1/2 - 15%
2. slopes 15% and g er ater
3. vegetation
4. significant stands of trees
5. significant examples of a particular species of tree occurrin_g�n
a native s and and apecimen trees (those which have departed
in some respect from the standard characteristics of the sppccies
and developed a character of shape- size or branch structure
that gives them a special interest
074
6. drainage and waterways
7. floodplains
8. significant rock outcroppings
9. sigrific nt scenic vistas
10, soils with limitation for on-site wastewater systems and
building development
e. The manner in which the plan makes adeguate provision for water and
wastewater treatment.
f. The relationship of f 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 'strict
III-D-2a. Application Requirements
Prior to the submission of a Preliminary Plat,the subdivider shall submit to the
P1_anninng Dgparr*nent sixteen(16)copies of a Concept Plan of the proposed
II1gj4r subdivision. The Concept Plan shall be prepared 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
1pon receipt of the Concept Plan, the Planning�D partment shall review the
proposal for general compliance with the reQ uiremen s of this (hdinan .e and the
Zoning Ordinance. if applicable including the presence of any sites identified in
"AIL Irtventory of Sites of Cultural. Historic.- Recreational. Biological and
Geolog c� al significance in the Unincorporated Portions Qf Orange County"and
'Inventory of the Natural Areas and Wildlife Habitats QtOrangg CounM North
Carolina". The Planning Department shall also consider ider he general suitability
of the land for development to avoid unnecessary expense in the redesign o
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076
From the date of approval of the Concept Plan by the Planning Board_ the
applicant shall have one (1) y= in which to prepare and file an.application for
Preliminary Plat approval. If a Preliminary Plat for the subdivision has not been
submitted within the specified time limit.the Concept Plan shall become null and
III-D-2-e. Appeal Procedures
The decision of the Planning Board regarding a Concept Plan may be appealed to
the Board of Commissioners. If appealed. the Concept Plan shall be 121aced on
the next regular meeting agenda of the Board 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
support of its decision. 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
Vim= Elie
The requirements of this Section shall apply to the format of drawings.
y-A Concept Plan for Subdivisions in Rural Buffer Zoning.District
A Concept Plans all be drawn in black ink or pencil to a scale of not less than
two hundred(�00�feet to the inch. The scale chosen shall be large enough
show all required de ail clearly and legibly. The plan shall_ contain the following
information:
(1) A sketch vicinity map showing the location of the subdivision in relation to
the existing street or highway system;
(2) The plotted boundaries of the tract from deeds or maps of record and the
portion of the tract to be subdivided:
077
(3) The total acreage to be subdivided. including tax map. block and lot
number reference:
(4) General descriptions of existing and proposed land uses within the
subdivision and the existing uses of land adjoining it including but no
limited to readily identifiable easements burial grounds'existing
structures. natural areas floodplain and watershed boundaries.railroad and
street rights-of-way.major wood lines water supply and sewage disposal
lines*and storm drainage facilities w-Wch can be determined from aerial
photog=hs. maps of record State/Federal resource maps and local
planning documents:
(5) Th The proposed street layout within the subdivision including travelway and
right-of-way widths. and connection to existing streets;
(6)Te 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 re=nsible for the subdivision design:
(8) Scale. =roximate north arrow and date of plat preparation: an d
(9) Name of subdivision.
Two(2)copies of the Concept Plan shall be submitted to the Planning
j?epartment 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 Dguarn_m_ent for review and approval in accordance
with Section III-D-I for mWor subdivisions. A copy of the appropriate Orange
Comly Tax Map shall accompov the Concept Plan.
V-B Concept Plan for all Zoning Districts Except the Rural Buffer
V-C. Preliminary Plat
V-D Final Plat
ORDINANCE REVIEW SUBCONIIMME: 7/3/96
PLANNING BOARD REVIEW:
BOCC REVIEW:
o��
A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon, to refer the proposed amendment
to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1,
1996.
VOTE: UNANIMOUS
(b) Securing Subdivision Improvements
1) Section III-E(new) Improvements(was V-D-8)
2) Section III-C-2e Application Requirements(Minor Subdivisions)
3) Section III-D-2-a.(7) Application Requirements(Preliminary Plat)
4) Section III-D-3a Application Requirements(Final Plat)
This item was presented to receive citizen comment on proposed amendments to the
Subdivision Regulations to relocate provisions regarding required improvements from Section V, "Plat Specifications,"
to Section III, "Application and Approval Procedures," rewrite the section for clarity and to add language regarding
construction costs estimates and financial guarantees.
COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS- None
COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD - None
COMMENTS AND/OR QUESTIONS FROM CITIZENS - None
A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther, to refer the proposed amendment
to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1,
1996.
VOTE: UNANIMOUS
(c) Cluster Subdivision Provisions
1) Section IV-B-9 Cluster Developments
2) Section III-D Approval Procedures for Major Subdivisions
3) Section V-A Specifications for Plat Drawings
This item was presented to consider a proposed amendment to re-adopt cluster
subdivision provisions and Concept Plan application and approval procedures in the Rural Buffer. 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.
COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS- None
COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD -None
COMMENTS AND/OR QUESTIONS FROM CITIZENS - None
A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit, to refer the proposed
Zoning Atlas amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no
sooner than October 1, 1996.
VOTE: UNANIMOUS
Vice-Chair Halkiotis resumed the responsibility for Chairing this meeting. Kathy Baker, Deputy Clerk to the
Board of Commissioners swore in Emily Cameron and John McGovern, an employee of the Carolina Friends School.
4. Special Use Permit
(a) PD-1-96 Carolina Friends School (Modification)
This item was presented by Emily Cameron to receive citizen comment on a proposed
modification to the Special Use Permit for Carolina Friends School which would allow expansion of the existing private
school approved as a planned development in 1990 and modified in 1992. The current request is for 3500 square feet
additional floor area for a library/arts building, a 1200 square foot addition to the Middle School for a multi-purpose room
and faculty offices; 1000 square feet of office and storage space at the Early School;and enclosing a 400 square foot
porch for expanded reception and office area at the Center Building. The proposed construction constitutes a major
modification to the Special Use Permit issued in 1990 and amended in 1992. Article 8.7.3 of the Zoning Ordinance
requires that such a change be considered by the Board of Commissioners following a public hearing. DEM indicates
that the current permit for sewage disposal will be unaffected by the school's expansion because staff and student
enrollment will not be increased.
COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS- None
COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD - None
COMMENTS AND/OR QUESTIONS FROM CITIZENS - None
A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to refer the application to
the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1,
1996.
VOTE: UNANIMOUS
Vice-Chair Halkiotis noted that the Planning Board would make a recommendation no sooner than its meeting
of September 4, 1996 and The Board of Commissioners would consider the items for decision no sooner than October
1, 1996.
D. ADJOURNMENT'
A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit, to adjourn the meeting.
The next regular meeting of the Board of Commissioners will be held on Tuesday, September 3, 1996 at 7:30 p.m. at
the Caldwell Community Center, Rougemont, North Carolina.
Respectfully submitted,
Kathy Baker, Deputy Clerk