HomeMy WebLinkAboutAgenda - 10-01-1996 - 8e 1
ORANGECOUNTY
BOARD OF COMMISSIONERS
AGENDA ITEM ABSTRACT
Meeting Date: October 1. 1996
Action Agenda
Item# Q-a
SUBJECT: SUBDIVISION REGULATIONS TEXT AMENDMENT(Cluster Subdivisions
in Rural Buffer)
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 Yes–X—No
BUDGET AMENDMENT REQUIRED Yes–X—No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Amendment Mary Willis
8/26/96 Public Hearing Minutes(draft) Extension 2583
9/4/96 Planning Board Minutes(draft)
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 The flexible development provisions superseded the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.
2
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.
The proposed amendment was presented for public hearing on August 26,
1996. There were no comments.
The Planning Board considered the proposed amendment on September 4,
1996 and recommended approval. The vote was unanimous.
RECOMMENDATION: Close the public hearing and receive the Planning Board
recommendation.
The Administration recommends approval of the proposed
amendment.
• 3
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-13-10 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).
4
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,�nique natural_ areas. etc.) respect the physical
qualities of the land, reduce the overall development and public costs and.
preserve open space to serve recreational. scenic and public service purposes.
Cluster developments permit the modification and variation of lot and yard
requirements provided that the sum of reductions in lot area becomes
common oven and for recreation space for the benefit of all residents of the
cluster development or for dedication to public use.
Cluster development may be required where protection of environmental
resources identified in "An Inventory of Site of Cultural. Historic.
Recreational, Biological. and Geological Significance in the Unincorporated
Portions of Orange Coun " or "Inventory of the Natural Areas and Wildlife
Habitats of Orange County, North Carolina" cannot be accomplished through
the development of a standard subdivision. Otherwise. cluster developments
are an option for the developer. However. all cluster developments, whether
tgquired or opted for by the developer. shall be done in compliance with the
provisions and standards related to or referring to cluster developments.
contained in this Section.
IV-B-9-h Application Criteria
Cluster developments may be approved in the Rural Buffer zoning distric e
upon the following find
al The tract is a minimum of 400,000 square feet
5
b) Approved water supply and wastewater treatment systems are
available and each lot is served by separate water supply and
sewerage connections.
C) The total number of lots proposed for the tract. excluding parcels of
reserved recreation/open space is not greater than the number
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
applicable).
d) The recreation/open space reserved within the tract conforms Section
IV-B-7-b.
e) The minimum amount of land reserved as recreation/open space shall
be 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.
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.
IV-B-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 Ora=
CQunty Zoning Ordinance may be reduced as set forth below.
a. Minimum lot area requirements may be 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 development.
d. Minimum rear and side setback requirements may be reduced to ten
(10) feet except where the rear and side lot line forms an exterior
boundary of the cluster development.
IV-B9-d Ownership of and Conveyance of Cluster Recreation/Open Space 6 t
a Cluster recreation/oWn space shall be dedicated M blic unless the
Board of Commissioners finds that the size, location. tvl2e of
development or cost of development or maintenance of such space or
the availability of public oWn/recreation space would make public use
undesirable or unnecessary
b The applicant may reQuest that the cluster recreation/open space be
designated for private use.
C. If cluster open/recreation space is not dedicated for public use, it shall
be subJe to o roved legal arrangements sufficient to assure its
maintenance and preservation for the intended purpose as provided in
Section V - Specifications for Plat Drawings.
d Open space designed to protect environmental resources identified in
"An Inventory of Sites of Cultural. Historic. Recreational. Biological.
and Geological Significance in the Unincorporated Portions of Orange
C unty" or "Inventory of the Natural Areas and Wildlife Habitats of
Orange Coun North Carolina" shall be adeQuately protected
through dedication of conservation easements, dedication to Orange
C o , , restrictive covenants, or other means found appropriate for
the long-term preservation of the particular site or resource.
;V B 9-e Approval of Major Subdivision Preliminary Plan or Minor Subdivision
Final Plat (Fbr Cluster Subdivisjons)
An =roved mAjor subdivision 12relimin= l2lan or minor subdivision
Final Plat shall provide for a total environment better than 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
minimize alteration of the natural site features to be preserved.
fh) The usability of cluster open/recreation space shall be determined by
the size, sha=- tol2og=hic and location requirements spccified
Section IV-B-7-b.
(c) Cluster oven space shall include irreplaceable natural features such as,
but not limited to, streamer s. ificant stands of trees—individual trees
of significant size and/or species. uncommon plant communities.
wildlife habitats and rock outcroppn3ngs
(d) Cluster recreation space shall be easily accessible to pedestrians,
including the handicapped.
7
(e) The suitability of cluster opepace intended for scenic value shall be
determined by its visibility from adjoining -r_operties and streets and
shall seek to lessen the area devoted to motor vehicle access.
(fl Diversity and originals y in lot layout shall be encouraged to achieve
he best possible relationship between the land and the development,
(gip to one-fourth of the land with sloped greater than fifteen percen
(15%) may be removed or altered only when such slopes are small
and isolated and do not otherwise adversely affect the design of the
development.
(l1) At least twenty percent (20%) of the gross land area is designated as
common open space. No more than fifty percent of the
required common open mace shall be used exclusively for sewage
treatment systems, 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 protect
access restrictions.
IV-B-9-f Application Requirements (For Cluster Subdivisions)
In addition to the information specified 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 requirements 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 m terms of
densities and dwelling tyues proposed.
d. Written site analysis accompanied by an illustrative site man. which
identifies the following:
_1. slopes 7 1/2 - 15%
2. slopes 15% and greater
3. vegetation
4. significant stands of trees
5. significant examples of a particular species of tree occurring in
a native stand and specimen trees (those which have departed
in some respect from the standard characteristics of the species
and developed a character of shapg- size or branch structure
at gives them a special interest
c
8
f
6 drainage and waterways
7. floodplains
8. significant rock outcroppings
9. Significant scenic vistas
IO soils with 1' itat"on for on-site wastewater systems and
building_developme t
o The manner in which the plan makes adequate provision for water and
wastewater treatment.
f The relationship of the elan to the physical environment. the
neighborhood in which it is proposed to be established and the intent
of the provisions - yidi g 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 BufferZoning District
III D 2a Application Requirements
Prior to the submission of a Pre imia=Plat,the subdivider shall submit to the
Planning Department sixteen(16)copies of a Concept Plan of the proposed
t jor Subdivision. The Concept Plan shall be prginarerl in accordance with the
specifications for Concept Plan drawings as contained in Section V-B of this
Ordinance.
111-D-2-b. Planning Deggrtm nt Review Procedures
Upon receipt of the Come to Plan. the Planning Department shall review the
proposal for general co=fi nce with the requirements of this Ordinance and the
Zoning Ordinance. if aw icable including the presence of any sites identified in
An lnvo a Q Sites Qf Cultural. Historic.- Recreational. Biological and
Geological significance in Unincorporated Portions of Orange County"and
"Inventory the Natural Areas and Wildlife Habitats Qf Orange County, North
Carolina". The Planning Department shall also consider the general_suitability
of the land for develop=nt to avoid unnecessary expense in the redesign of
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10
From the date of approval of the Concept Plan by the Planning Board, the
awlicant shall have one (I) year 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 pecified time limit the Concept Plan shall become null an d
YQ1 L
III-D-2-e Appeal Procedures
The decision of the Planning Board regarding a Concept Plan may be appealed to
the Board of Co missioners_ If appealed, the oncept plan shall he p Iaced 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 Co mi Toners
The Board of Commissioners in all such appeals shalLmake findings of fact in
support of its decision The applicant shall he notified in writing, of the Board
of Commissioners' decision within ten(10)days after said decision is made
III-D-33- Preliminary Plan Approval
III-D-M Final Plat Approval
SECTION V- SPECIFICATIONS FOR PLAT DRAWINGS
VA. Applienbili",
The requirements of this Section shall apply to the format of drawings.
VV- Concept Plan for Subdivisions in Rural Buffer Zoning District
A Concept Plan shall be drawn in black ink or pencil to a scale of not less than
two hundred(2001 feet to the inch The scale chosen shall he large enough to
show all rewired detail 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 sys_stem•
(2) The plotted boundaries of the tract from deeds or maps of record and the
portion of the tract to be subdivided•
11
(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, including but not
limited to readily identifiable easements, burial grounds existing
structures, natural areas, floodplain and watershed boundaries.railroad and
street rights-of-wax, major wood lines water supply and sewage disposal
lines and storm drainage facilities which can be determined from aerial
photographs maps of record State/Federal resource maps and local
pl n ing documents:
(5) The proposed street layout within the subdivision, including travelwax and
right-of-way widths,and connection to existing streets:
(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 preparation; 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 Department for review and approval in accordance
with Section III-D-1 for major subdivisions. A copy of the appropriate Orange
County Tax Map shall accompany 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 SUBCOMNUTTEE: 7/3/96
PLANNING BOARD REVIEW:
BOCC REVIEW:
September 4 , 1996 12
Planning Board Minutes (draft)
5. Shorten the cut de sac by approximately 100 feet,shift house sites southeast,
and provide a larger buffer adjacent to the curve in Moorefields Road;
6. On the Preliminary Plan,indicate the entrance to Moorefields National Register
Historic Site and the stream channel for Rocky Run;and
7. With the Preliminary Plan,submit draft forms of homeowners association'
documents,restrictive covenants,and septic easement documents which contain
development restrictions and maintenance requirements for open space and
buffers.
AGENDA ITEM#9: MATTERS HEARD AT PUBLIC HEARING 8/26/96
a. Subdivision Regulations Text Amendments
(1) Section IV-B-5-e Lot Layout
Presentation by Mary Willis.
This item is to consider a proposed amendment to clarify Section IV-B-5-e by
substituting the word"divided"for the word"separated".
The proposed amendment would provide more clarity in the text. It would not result
in a substantive change to any regulation.
The amendment was presented for public hearing on August 26, 1996. There were
no comments.
The Planning Staff recommends approval of the proposed amendment.
(Copy of the proposed amendment an attachment to these minutes on page )
MOTION: Barrows moved approval as recommended by the Planning Staff. Seconded by
Katz.
VOTE: Unanimous.
(2) 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)
Presentation by Mary Willis.
This item is to consider a proposed amendment to re-adopt cluster subdivision
provisions and Concept Plan application and approval procedures in the Rural
Buffer.
13
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.
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.
The proposed amendment was presented for public hearing on August 26, 1996.
There were no comments.
The Planning Staff recommends approval of the proposed amendment.
MOTION: Katz moved approval as recommended by the Planning Staff. Seconded by Hoecke.
VOTE: Unanimous.
(3) Section III-E(new)Improvements(was V-D-8)
Section III-C-2e Application Requirements(Minor subdivisions)
Section III-D-2-a(7)Application Requirements(Preliminary Plat)
Section III-D-3a Application Requirements(Final Plat)
Presentation by Emily Cameron.
This item is for consideration of 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 cost estimates and financial guarantees.
The proposed amendment is technical in nature to provide clarity and
cohesiveness to the Subdivision Regulations. The only new text being added is
to specify requirements for construction cost estimates and financial guarantees
submitted when improvements are not completed prior to Final Plat approval.
The Planning Staff consulted with the County Attorney,the County Engineer
and developers to draft the new text.
The proposed ordinance language specifies that a financial guarantee must be
effective for 372 days,which allows one year for the applicant to complete
subdivision improvements and a week for the County to"cash-in"the letter of
credit or escrow agreement,in the event the improvements are not finished in an
acceptable manner within a year. It also requires that the construction cost
estimate be itemized with quantities and unit prices so that the County Engineer
can verify that the estimate total is sufficient to complete a project according to
approved plans.
In addition,the new text prohibits anyone with ownership interest in the
subdivision from preparing the construction cost estimate and eliminates the
DRAFT 14
1 8/26/96 Public Hearing Minutes
2 3. Subdivision Regulations Text Amendments
3 (a) Section IV-8-5-e Lot Layout
4 This item was presented by Mary Willis to consider a proposed amendment to clarify
S Section N-B-S-e by substituting the word-divided-for the word'separated'. The proposed amendment would
6 provide more dairy in the text. It would not result in a substantive change to any regulation.
7
8 CgNMEM A R QUE ONS FROM THE BOARD OF COMMISSIONERS -None
9
10 cn AND/OR eLFCTIONS FROM THE PLANNING BOARD -None
12 COMMEMM AND/OR UESTIONS FROM CITIZENS -None
13
14 A motion was made by Commissioner Willhoit,seconded by Commissioner Gordon,to refer the proposed
13 arm merit to the Planning Board We recommendation to be returned to the Board of Commissioners no
16 sooner than October 1.19M.
17 VOTE: UNANIMOUS
18
19 (b) Securing Subdivision Improvements
20 1)Section ill-E(new)improvements(was V-D-8)
21 2)Section III-C-2&Application Requirements(Miner Subdivisions)
22 3)Section III-D-2-a.(7)Application Requirements(Preliminary Plat)
23 4)Section 111-D-3a Application Requirements(Final Plat)
24 This item was presented to receive citizen comment on proposed amendments
25 to the Subd vitsion Regulations to relocate provisions regarding required improvements tram Section V,'Plat
26 Specifications.'to Section III,'Application and Approval Procedures.'rewrite the section for charity and to add
27 language regarding construction costs estimates and financial guarantees.
28
29 COMMENTS AN OR QUESTIONS FROM THE BOARD OF COM LONERS-None
30
31 COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD -Nam
32
33 COUNTS ANDIOR QUESTIONS FROM CITIZENS -None
34
35 A motion was made by Commissioner Willhoit.seconded by Commissioner Crowther,to refer the proposed
36 amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no
37 sooner than October 1,19%.
38 VOTE: UNANIMOUS
39 (c) Cluster Subdivision Provisions
40 1)Section IV-13-9 Cluster Developments
41 2)Section 111-0 Approval Procedures for Major Subdivisions
42 3)Section V-A Specifications for Piet Drawings
43 This item was presented to consider a proposed amendment to re-adopt duster
44 subdivision provisions and Concept Plan application and approval procedures in the Rural Buffer. The flexible
45 development provisions are applicable in all residential zoning districts except the Rural Buffer. Deleting the
46 previous duster regulations and Concept Plan application and approval procedures had the unintended result
47 of eliminating those provisions in the Rural Buffer. The Planning Staff recommends that the previous provisions
48 be readopted Ip apply to that district only.
49
50 COMMENTS A 8.gLffi=W2 FROM THE BOARD OF COMMISSIONERS_-None
51
52 =NjgXM ANpIM j2ueSTKMj FROM THE PLANNING BOARD -None
53
64 QAMYPmyq AND.x+R QUESTIONS FROM CITIZENS -None