HomeMy WebLinkAboutAgenda - 09-03-1996 - VIII-F i 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 3. 1996
Action Agenda
Item
SUBJECT: PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT
SECTION III-C-4 and III-D-3-c ACTION SUBSEQUENT TO APPROVAL
DEPARTMENT: Planning PUBLIC HEARING: Yes_X—No
BUDGET AMENDMENT REQUIRED: Yes_X—No
ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk
Extension 2582
Proposed Amendment
Plat Release Form
6-26-96 Public Hearing Minutes TELEPHONE NUMBERS:
8-7-96 Planning Board Minutes Hillsborough - 732-8181
8-7-96 Letter from Register of Deeds(Under separate Durham - 688-7331
cover) Mebane -227-2031
Chapel Hill - 967-9251
PURPOSE: To consider a proposed amendment to delete the requirement for a Planning Staff
member to be present each time a final plat is recorded in the Register of Deeds
Office.
BACKGROUND: The Orange County Subdivision Regulations require that subdivision plats be
recorded in the presence of Planning Department Staff. The purpose of this
provision is to insure that all required auxiliary documents, such as Road
Maintenance Agreements and Declarations of Restrictions are recorded with the
plat.
Compliance with this provision would require that a Planning Staff member
accompany the applicant to the Register of Deeds Office each time a final plat is
to be recorded. The Orange County Planning Staff and Register of Deeds office
have developed a system that instead provides the Register of Deeds with a list of
items to be recorded with the final plat. By providing this information the
Register of Deeds Office knows which documents must accompany the plat, and
thus the purpose of the existing regulations are met without Planning Staff being
present.
i
2 i
The proposed amendment was presented for public hearing on June 26, 1996.
There were no citizen comments. There was some discussion with the Register of
Deeds to clarify the purpose of the amendment.
The Planning Board considered the proposed amendment on August 7, 1996 and
recommended approval. The vote was unanimous.
RECOMMENDATION: The Administration recommends approval of the proposed amendment per the
Planning Board recommendation.
r 3
PROPOSED ORDINANCE AMENDMENT
[DRAFT]
REFERENCE: Subdivision Regulations
Section III-C-4 Action Subsequent to Approval (minor subdivision)
Section III-D-3-c Action Subsequent to Approval (major subdivision)
ORIGIN OF AMENDMENT: X_Staff Planning Board
BOCC Public
Other:
EXPECTED PUBLIC HEARING DATE: June 26, 1996
Purpose of Amendment: The proposed amendment will delete the requirement for a
Planning Staff member to be present each time a final plat is recorded in the Register of
Deeds Office.
Impacts/Issues: The Subdivision Regulations require approved final plats for major
and minor subdivisions to be recorded in the presence of the Planning Department to
assure that all required documents associated with the Final Plat are recorded as well.
This requires a Planning Staff member to go to the Register of Deeds Office each time a
final plat is recorded. This process is time consuming for the Planning Staff member as
well as the applicant and has not been the practice of the Planning Department. A system
has been developed that provides the Register of Deeds with a list of items to be recorded
with the final plat,thereby alleviating the need for a Planning Staff member to be present.
When a final plat is released by the Planning Staff,the Staff fills out the plat release form
and checks applicable items to be recorded with the final plat. The staff member also
initials each document to be recorded. The applicant must present the plat release form,
along with the required documents to the Register of Deeds Office in order for the plat to
be recorded. After recordation,the Register of Deeds returns the list to the Planning Staff
to provide evidence that all required items were recorded. The list is then placed in the
project file.
EXISTING AND PROPOSED ORDINANCE TEXT:
III-C-4: Action Subsequent to p rn oval (minor subdivision)
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 Officer 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
4 t
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 done in the
pr-esenee-ef an with the advice and consent of the Planning Department.
DepaFtfneat by ay be r-eeefded oft the Same day.
III-C-3-c: Action Subsequent to Approval (major subdivision)
If the application is approved or approved with conditions,the Planning
Director or his/her designated representative shall endorse his/her approval on
a reproducible mylar original of the Final Plat. The applicant shall record the
Final Plat in the Office of the Register of Deeds within ninety (94)days after
the Planning Director's endorsement of approval. If such plat is not recorded
within the specified time period,the Final Plat is void. The Planning Director
may extend the time period,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 done in the
pFesenee-e€ with the advice and consent of the Planning Department.
Ploming DepaMneat b5-4"O a.m. owy be Feserded en the same day.
Ordinance Review Committee: April 4, 1996
Planning Board:
BOCC:
5
PLANNING DEPARTMENT RELEASE OF SUBDIVISION PLAT
SUBDIVISION NAME
TMBL
PROPERTY OWNER
This division is exempt from subdivision regulations and no auxiliary
documents are required to be recorded.
This division is subject to requirements of the Orange County Subdivision
Regulations and the following auxiliary documents must be recorded with
the plat:
Declaration of Restrictions
Road Maintenance Agreement
Easement Agreement
Conservation Easement
Planning Staff authorized to release plat Date
(original initials of the above-named staff should appear in the lower right-hand comer of each
page of document)
71 7b4-4-k*1"+ .Jc Q..) .
JUNE 26 , 1996 PUBLIC HEARING MINUTES 6 !
2 Mary Wilts said that with regard to the use of existing bins or f mMype buildings in the
3 futures that would be pennhad under C4. She said that what they are trying to do with this
4 amendment is lo assure that M someone is god to build a new building, an accessory building, for tht
5 purpose of conducting a home occupation,that it be 1,000 square feet and that it take on a residential
6 appearance to try b bland in with that area. There are provisions for existing budduW that may be
7 converted to home accupeftm in the future regardlm of the appease of the bulk".
B
9 A motion was made by Commissioner Gordon. seconded by Commissioner Crowther to
10 refer this amendment to the Orange County Planning Board fora is wi Wation to be returned to
11 the Board of County Commissioners no sooner than August 5, 1996.
12 VOTE: UNANIMOUS
13
14 L PRtOPOSW ZWW ORDMANCE_1=AME IAENT:ARTICLE 6.8,24 HISTORIC
15 STRLMMOU
16 Plan w Mary W us made this presentation. AN background information is in the agenda.
17 This proposed amendment to the Zoning Ordinance would be to Article 9.8.24 to include historic
18 property as well as structums in tie consideration of Special Use Permits for the non-residential use of
19 historic:structures.
20 Commissioner Gordan asked that this amendment be reviewed in the context of a
21 fn0ftl house with historic outbU1dirW.
22 THERE WERE NO PUBLIC COMMENTS
23
24 A motion was made by Commissioner Cordon, seconded by Commissioner Crowther
25 to refer this stern to the Orange County Pea MM Board for a recommendation to be returned to the
26 Board of County Commissioners no sooner dram August 5. 19M.
27 VOTE: UNANIMOUS
28
29 PROPOWD SUBDIVISION REGULA__n=TEXT AMENDMENT:ACTION
30 SUBSE01194T TO SLOWSM aePROVAL
31 planner Mary Wills made ibis presentation. This technical amendment would delete the
32 requirertwnt in the Subdivision Ordinance that a Planning Staff member be present each time a final
33 plat is recorded in the Register of Deeds Office. The purpose of this ProvWW is to insure that ail
34 required aux"y documents, such as Road Maintenance Agreements and Declaration of RtstrIctions
35 are recorded with tht Plat
36
37 Register of Deeds, Betty June Hayes indicated she does not endorse this amendment
38 and that she will s wmA har comments in writing which will be included in tee agenda when it is
39 rebnmed to the County Commissioners for consideration of approval.
40
41 THERE WERE NO CITIZEN COMMENTS
42
43 A haft i was nude by Commissioner Gordon, seconded by Commissioner Crowtter to
44 refer this Awn to t#e Plarrnirp Board for a recommendation to be retumrod to tte board of County
45 Cammisakwwo noon a is Mean August 5, 1996.
46 VOTE: UNANWOUS
47
48 gs �c W_MW _501M W.FWAWAjN FINANCING
49 John link summrized the iniorrretion at tie agenda. PuravMnO Okector Pam Jones
50 made reference to Me suppltmrnW information. She summwized the steps taken 10 ptxGmase tee
51 buikting. She Burns an aMa —of the srwinxwrnantal assesarment,time physical inspection of the
52 proWq.the programs that will be oRered and the uptit Meat wuU to necessary with related costs.
53 Conwnissioner Gordon expressed a concern ihnt Me Enviromrrnrrntal Assessrrnent be
54 done by professionals and Meat Mere be enough money for the upfit
•
y
8/7/96 Planning Board Minutes 7
The Planning Staff recommends approval of the proposed amendment(Copy an
attachment to these minutes on page )
MOTION: Price moved approval as recommended by the Planning Staff. Seconded by Brooks.
VOTE: Unanimous.
b. Subdivision Regulations Text Amendments
(1) Section III-C-4 Action Subsequent to Approval
(Minor subdivision)
(2) Section III-D-3(c)Action Subsequent to Approval
(Major Subdivision)
Presentation by Mary Willis.
The Orange County Subdivision Regulations require that subdivision plats be
recorded in the presence of Planning Department Staff. The purpose of this
provision is to insure that all required auxiliary documents,such as Road
Maintenance Agreement and Declarations of Restrictions are recorded with the plat.
Compliance with this provision would require that a Planning Staff member
accompany the applicant to the Register of Deeds Office each time a final plat is to
be recorded. The Orange County Planning Staff and Register of Deeds Office have
developed a system that instead provides the Register of Deeds with a list of items to
be recorded with the final plat.By providing this information the Register of Deeds
Office knows which documents must accompany the plat,and thus the purpose of
the existing regulations are met without Planning Staff being present.
The proposed amendment was presented for public hearing on June 26, 1996.There
were no citizen comments. There was some discussion with the Register of Deeds to
clarify the purpose of the amendment.
The Planning Staff recommends approval of the proposed amendment(copy an
attachment to these minutes on pages ).
Jobsis asked if the concern from the Register of Deeds was addressed. Willis
responded that she has a letter from the Register of Deeds expressing understanding
and agreement with the proposed amendment.
MOTION: Brooks moved approval as recommended by the Planning Staff. Seconded by
Hoecke.
VOTE: Unanimous.
AGENDA ITEM#10: PLANNING BOARD ITEMS
a. Report on TIP Process
Presentation by Planning Intern,Stephan Rodiger.
Every year the NC Board of Transportation(BOT)adopts a multi-year STIP specifying
needed transportation improvements across the state. If a project is outside the DCHC
Urban Area,then the County can request directly of the BOT that the project be included