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HomeMy WebLinkAboutNSN ORD-1996-032 Proposed Subdivision Regulation Text Amendment Section III-C-4 and III-D-3-c Action Subsequent to Approval 1 I9 `41, b3 2- 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. 2 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. 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: _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 Approval (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 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 preseeee-e€an with the advice and consent of the Planning Department. 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(90)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 13 with the advice and consent of the Planning Department. Plaar4ag PepaAfneat by 10.00 a.m. may be r-eeer-ded 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) .t�-:.7-t 7`,^C .-i•�YJ l7LK.l 'Y-d,f+UC7� 71 7b•a1.�C.111'+ r..JG l'JJ JUNE 26 , 1996 PUBLIC HEARING MINUTES 6 2 May Wins said that with regard to the use of existing barns or farm-type buildings in the 3 future,that vmxW be pwwd tad under C41. She said that what they are trying to do with this 4 amendment is b assure that if someone is going to build a new building,an accessory building, for the 5 purpose of conducting a home o=pation,that it be 1,000 square feet and that it take on a residential 6 appearance bo try to bim in with that area. There are provision s for existing buildings that may be 7 converted to horns axupMions in the future regardless of the appearance of the building. 8 9 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to 10 refer this amertdntent to the Orange County Planning Board for a to be returned to 11 the Board of County Commissioners no sooner than August 5, 1996. 12 VOTE: UNANIMOUS 13 14 B. PROPOSED ZONING ORDINANCE TEXT AMENDMENT-ARTICLE 8.8.24 HISTORIC 15 S I tUCTURES 16 Planner May Willis made this presentation. AU background information is in the agenda. 17 This proposed amendment to the Zoning Ordinance would be to Article 8.8.24 to include historic 18 property as well as structures in the consideration of Special Use Permits for the non-residential use of 19 historic structures. 20 Commissioner Gordon asked that this amendment be reviewed in the context of a 21 modem house with historic outbuildings. 22 THERE WERE NO PUBLIC COMMENTS 23 24 A motion was made by Commissioner Gordon,seconded by Commissioner Crowther 25 to refer this item to the Orange County Planning Board for a.am,merWation to be returned to the 28 Hoard of County Commissioners no sooner than August 5, 1996. 27 VOTE: UNANIMOUS 28 29 C. PROPOSED SUBOM SION REGUU_1_1I11 §TEXT AMENDMENT:ACTION 30 sr MEQ ENT TO SLIOW ON AEPROVAL 31 Planner Mary Willis made this presentation. This technical amendment would delete the 32 requirement 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 provision is to insure that all 34 required auxiliary documents, such as Road Maintenance Agreements and Declaration of Restrictions 35 are recorded with the plat. 36 37 Register of Deeds, Betty June Hayes indicated she does not endorse this amendment 38 and that she will summit her comments in writing which will be inducted in the agenda when it is 39 returned to the County Commissioners for consideration of approval. 40 41 THERE WERE NO CITIZEN COMMENTS 42 43 A rrrotion was made by Commissioner Gordon, seconded by Commissioner Crowther to 44 refer Oft item to the Planning Board fora recommendation to be returned to the Board of County 45 Commissionam no sooner than August 5, 1996. 46 VOTE* UNANMOUS 47 48 D PtMLIC! 9tlQ RFC rrlcyu-501M W. FRANKLJN FINANCING 49 John Link summarized the information in the agenda. Ptg Director Pam Jones 50 made reference to the supple row elsl information. She summarized the steps taken to purchase the 51 building. She gave an overview of the ern+ironmental assessment,the physical inspection of the 52 property,the programs that will be offered and the upft that will be necessary with related costs. 53 Commissioner Gordon expressed a concern that the End Assessment be 54 done by professionals and that there be enough money for the upfiL 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 C? E. E. ZONING ORDINANCE TEXT AMENDMENT -HOME OCCUPATIONS V //1 F This item was placed at the end of the Consent Agenda for separate consideration. F. PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT -SECTION III-C-4 AND III-D-3 The Board approved this 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 per the Planning Board recommendation. G. ZONING ORDINANCE TEXT AMENDMENT -TELECOMMUNICATION TOWERS This item was placed at the end of the Consent Agenda for separate consideration. H. PROPOSED ZONING ORDINANCE TEXT AMENDMENT - HISTORIC STRUCTURES The Board approved this proposed amendment to include historic property as well as structures in the consideration of Special Use Permits for the non-residential use of historic structures per the Planning Board recommendation. 1. BUDGET AMENDMENT #3 The Board approved the following budget ordinance amendments and grant and capital project ordinances: GENERALFUND Source - Intergovernmental $ 2,000.00 Appropriation -Community Maintenance 2,000.00 (To budget for additional State funds,for Soil and Water) Source - Intergovernmental $ 1,500.00 Appropriation - Human Services 1,500.00 (To budget for unanticipated State reimbursement for Environmental Health) Source - Intergovernmental $ 1,600.00 Appropriation - Human Services 1,600.00 (To budget for tourism grant received by the Orange County Library) Source - Miscellaneous (Appropriations) $ (18,442.00) Appropriation - Transfers to Other Funds 18,442.00 (Appropriation from Jail Contingency Account for COPSFAST matching funds) Source - Intergovernmental $ 12,000.00 Appropriation - Public Safety 12,000.00 (To budget for drug tax payments from the State for the Sheriff's Dept.) Source - Intergovernmental $ 38,459.00 Appropriation - Contributions to Outside Agencies 38,459.00 (To budget VOCA pass thru grant for Rape Crisis) Source - Miscellaneous (Appropriations) $ (9,704.00) Appropriation - Transfers to Other Funds 9,704.00 (Appropriation from Commissioners' Contingency for impact fee reimbursement for Habitat for Humanity) Also see attached Affordable Housing Grant Project Ordinance Source - Miscellaneous (Revenue) $ 87,000.00 - Transfers from Other Funds 119,240.00 Appropriation - General Administration 20,000.00 - Debt Service 186,240.00 (Also see the Skills Development Center Capital Project Ordinance) COMMUNITY NUTRITION PROMOTION PROGRAM GRANT PROJECT ORDINANCE Source - Community Nutrition (1996-97) $ 24,800.00 Appropriation - Community Nutrition 24,800.00 (The project authorized is the Community Nutrition Promotion Program as awarded to the Orange County Health Department by the State of North Carolina. The purpose of this grant is to educate school children and adults regarding nutrition and cancer prevention.)