HomeMy WebLinkAboutNSN ORD-1996-037 Subdivision Regulations Text Amendments - Securing Improvements ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date October 1. 1996
Action Agenda
Item# A�C
SUBJECT: AMENDMENTS TO THE SUBDIVISION REGULATIONS(Securing Improvements)
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)
DEPARTMENT: PLANNING&INSPECTIONS PUBLIC HEARING: Yes X No
BUDGET AMENDMENT REQUIRED: Yes X_No
ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron
Extension 2580
Proposed Amendments TELEPHONE NUMBERS:
8/26/96 Draft Public Hearing Minutes Hillsborough - 732-8181
9/4/96 Draft Planning Board Minutes Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: 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.
BACKGROUND: 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.
2
In addition,the new text prohibits anyone with ownership interest in the subdivision
from preparing the construction cost estimate and eliminates the posting of bonds as an
option for securing improvements due to administrative complications associated with
bonds.
On August 26,the proposed amendments were presented at the public hearing.No
questions or comments were received from the boards or the public. The County
Commissioners referred the amendments to the Planning Board for a recommendation to
be returned no sooner than October 1.
Through a unanimous vote on September 4,the Planning Board recommended approval
of the proposed amendments to the Subdivision Regulations.
RECOMMENDATION: Close the public hearing and receive the Planning Board recommendation.
The Administration recommends approval of the proposed text amendments.
3
PROPOSED ORDINANCE-AMENDMENT
[DRAFT 6126196,Revised 7/9/96, 8/2/96, 8/15/96]
ORDINANCE: Subdivision Regulations
REFERENCE: 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)
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC Public
Other: County Attorney
Expected Public Hearing Date: August 26, 1996
Purpose of Amendment: To relocate ordinance 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.
Impacts/Issues:
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 following draft of the additional 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 yearAt 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.
The proposed amendment also eliminates the posting of bonds as an option for securing
improvements due to administrative complications associated with bonds.
4
Existing and Proposed Ordinance Provisions:[Underline indicates proposed text.]
V-D-8 III-E. Improvements
[This existing paragraph is to be moved from V-D-8-c]Improvements proposed
by the subdivider or required by this Ordinance, such as street pavement, curb and
gutter,and sidewalks, shall be constructed in accordance with the standards and-
requirements as provided in this Ordinance,provided that where said
improvements are to be constructed subsequent to the approval of the Final Plat,
plans and specifications for said improvements shall be approved by the
appropriate agency and reference to said improvements shall be made part of the
Final Plat as provided in Section V-D-7-a.
III-E-1. Financial Guarantee
Before a final plat of a subdivision shall be approved, improvements shall be
pm-Aded as installed. inspected and approved. or a seeufity' efi asp
an escrow agreement;or a satisfactory,irrevocable letter of credit by an approved
institution and as approved by the Orange County Attorney shall be posted with
Orange County by the subdivider to provide for the completion of the required
improvements.
The financial guarantee shall be effective for 372 days after the Certificate of
Improvements is signed by the County Manager. The amount of the 4ea -letter of
credit-or escrow agreement shall be 110 percent of the construction cost estimate
described in Section III-E-2.
III-E-2, Construction Cost Estimate
The financial guarantee shall be accomp ni i by an itemized estimate for the cost
of construction which includes quantities and unit prices for constriction
materials and activities such as clearing and ding The estimate shall be
dared by an engineer. contractor, or other individual qualified to calculate the
cost to'comnlete the improvements according to approved plans
a=ifications-who has no direct or indirect ownership interest in the subdivision,
The construction cost estimate shall include a ten percent(10%)construction
contingency to account for unanticipated conditions or circumstances discovered
during the development ron Bess.
5
IIL-E-3. Maintenance of Improvements
Improvements installed as a requirement of subdivision approv 1 Shall he
maintained by the developer until v are accepted for main enance by.
_(11 for a public road the North Carolina Department of Transportation:
(2)for utilities the utility provider: 2)for la-ndscaning the homeowners and
(4) for a private road and other community facilities such as recreation and
stormwater manaeement improvements,the homeowners or a neighborhood or
homeowners association or similar leizal entity.
Where a neighborhood or homeowners association or similar legal entity is to be
responsible for the maintenance and control of any improvements required as part
of subdivision approval,the subdivider shall file with the Planning Department
and record with the final plat, a declaration of covenants and restrictions,articles
of incorporation,where required,and/or by-laws as approved by the County
Attorney that will govern the maintenance and control of such improvements.
Provisions shall include but not be limited to the following:
(a) The association shall be established before any homes are sold and any
building occupied;
(b) Membership shall be mandatory for each home buyer and all successive
buyers;
(c) The association shall be responsible for the liability insurance,local taxes
and maintenance of recreation and other facilities,including streets and
utility lines;
(d) The homeowners must pay their pro rate share of the costs,and any sums
levied by the association that remain unpaid shall become a lien on the
individual homeowner's property which shall be subordinate only to tax
and mortgage liens;
(e) If all or any portion of the property held by the association is being
disposed of,or if the association is dissolved, adequate recreation space
shall be deeded to Orange County or the appropriate unit of local
- government to satisfy the requirements for public recreatioir-space-under - -- -
Section IV-B-7-b of this Ordinance;
(f) The lot owner of each dwelling unit or lot shall have voting rights in the
association; and
(g) The homeowners association shall be able to adjust any assessments to
meet changed needs.
6
Where articles of incorporation are required,they shall be submitted in the form in
which they will be filed with the North Carolina Secretary of State and,upon
filing,a copy of the articles of incorporation shall be provided to the Planning
Department.
v n Q'., St-Feets
• b
LZ U
Provision is found in Section IV-B-3-c.1
17 D 8- e. _Proposed imp"vements
icaaragr ph will be moved to the beginning ofSection III-E.1
—Impr-e;•ements pr-epesedby the-sub&videF-er-r-equke
III-C-2. Application Requirements (Minor Subdivisions)
Upon approval of the Concept Plan by the Planning Department,the subdivider
may proceed with the preparation of the Final Plat. (See Section II-Definitions)
Applications for minor subdivision Final Plat approval shall be filed with the
Planning Department and shall contain the following information:
(e) Auxiliary documents prepared in accordance with Section-III-E of this
Ordinance which assure completion and/or maintenance of improvements
required by this Ordinance. Such documents may include,but not be
limited to,a private road maintenance agreement;seeer-ky bead-,cash
escrow agreement or letter of credit by an approved institution; and
guarantee of installation of any road signs;
III-D-2. Preliminary Plat Approval
III-D-2-a. Application Requirements
(7) Auxiliary documents, in draft form,prepared in accordance with
Section VIII-E of this Ordinance which assure completion and/or
maintenance of improvements required by this Ordinance. Such
documents may include,but not be limited to, a private road
maintenance agreement,and articles of incorporation and
restrictive covenants pertaining to a homeowners association.
These documents may be required as necessary as evidence
hat the Ordinance requirements are being met.
III-D-3 Final Plat Approval(Major Subdivisions)
III-D-3-a. Application Requirements
Prior to approval of a Final Plat,the subdivider shall have installed the
improvements specified in this Ordinance or guaranteed their installation as
provided in Section-III-E. No Final Plat will be accepted for review by the
Planning Department unless accompanied by written documentation
acknowledging compliance with the improvement and guarantee standards of
-Sectioik4IIL-Z.be Final Plat shall-constitute only that-portion-of the - - - -
Preliminary Plat which the subdivider proposes to record and develop at that time.
Such portion shall conform to all requirements of this Ordinance.
Applications for major subdivision Final Plat approval shall be filed with the
Planning Department and shall contain the following information:
8
(2) Auxiliary documents, in final form,prepared in accordance with Section V
JI -F,of this Ordinance which assure completion and/or maintenance of
improvements required by this Ordinance. Such documents may include,
but not be limited to,a private road maintenance agreement, articles of
incorporation and restrictive covenants pertaining to a homeowners
association, and a letter of credit or peFf ...,,.aee `"'-' '_an escrow
agreement; and
Ordinance Review Committee: 6/27/96
Planning Board:
BOCC:
1 8/26/96 Public HeariRP-FT 9
Minutes
2 3. Subdivision Regulations Text Amendments
3 (a) Section IV-8-5-e Lot Layout
4 This item was presented by May Willis to consider a proposed amendment to clarify
5 Section IV-8-5-e by subsbditing the word'divided'for the word'separated'. The proposed amendment would
6 provide more darity in the text. It would not result in a substantive change to any regulation.
7
$ COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS -None
9
10 COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD -None
11
12 COMMENTS AND/OR 01110MONS FROM CRRENS -None
13
14 A motion was made by Commissioner Willhoit seconded by Commissioner Gordon,to refer the proposed
15 amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no
16 sooner than October 1,1996.
17 VOTE: UNANIMOUS
18
19 (b) Securing Subdivision improvements
20 1)Section III-E(new)improvements(was V-0-8)
21 2)Section 111-C-2*Application Requirements(Wor Subdivisions)
2Z 3)Section 111-0-2-&(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 Subdivision Regulations to relocate provisions regarding required improvements from Section V,-Plat
26 Sped6adons.'to Section III,'Application and Approval Procedures,'rewrite the section for clarity and to add
27 language regarding construction Casts estimates and financial guarantees-
28
29 COIiLMOM AN MB QUESTIONS FROM THE BOARD OF COMPM&MONERS•Norte
30
31 comMENTs AmploR QUESTIONS FROM THE PLANNING BOARD -None
32
33 comINEM AHMR QUESDONS FROM CITIZENS -None
34
35 A motion was made by Commissioner Willhoit,seconded by Commissioner Crowther,to refer the proposed
36 amendment to the Planing Board for a recornmendation to be returned to the Board of Commissioners no
37 sooner than October 1,1996.
38 VOTE: UNANIMOUS
39 (c) Cluster Subdivision Provisions
40 1)Section fV_8-9 Cuter Developments
41 2)Section 111-0 Approval Procedures for Major Subdivisions
42 3)Sectiort V A Specfic--tions for Plat Drawings
43 This itarn was presented to consider a proposed amendment to re-adopt duster
44 subdivision provisions and Concept Plant application and approval procedures in the Rural Buffer The flexible
45 development pmvisions are applicable in ON residential zoning dish cts except the Rural Buller. Deleting the
46 previous duster regulations and Concept Plan application and approval procedures had the unintended result
47 of epffdna*V those provisions in the Rural Buffer. The Planning Staff recommends that the previous provisions
48 be ro-adopbed 10 spply to that district only.
49
60 COMMENTS ANDFOR CgjESMNS EMU THE AQARD F -None
52 COMMEEM AM=g gLg=N3 FROM THE JILANNING 110ARD -None
53
54 CONNINNEM ApIpM ouLaMNS FROM -None
55
9-4-9ep PLAAJA(lALq Ve%LZP F114VTf$
D n
U 10
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
posting of bonds as an option for securing improvements due to administrative
complications associated with bonds.
On August 26,the proposed amendments were presented at the public hearing.
No questions or comments were received from the boards or the public.The
County Commissioners referred the amendments to the Planning Board for a
recommendation to be returned so sooner than October 1.
The Planning Staff recommends approval of the proposed text amendments.
(Copy an attachment to these minutes on pages )
Katz asked why the County did not want to use performance bonds. Cameron
responded that there were some problems working with insurance companies
and that only a few bonds had ever been submitted. Administratively, letters of
DLrtil 11
credit are much easier to deal with. Bonds are used by schools which reduces
the public cost. This will remain an option for schools or other public projects
that require site plan approval.
Barrows asked about the concern expressed by the County Manager at the
_ - public hearing regarding how much time and effort should be spent by Staff on
citizen initiated ordinance amendments. Willis responded that the Board of
Commissioners had expressed concern with this issue at their September 3
meeting,and will be providing direction to staff.
MOTION: Hoecke moved approval as recommended by the Planning Staff. Seconded by
Barrows.
VOTE: Unanimous.
b. Special Use Permit
(1) PD-1-96 Carolina Friends School(Modification)
Presentation by Emily Cameron.
This item is for consideration of 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.
Carolina Friends School is an existing private school located on the north side of Mt.
Sinai Road(SR 1718)and west of Friends School Road(SR 1719). The property
contains 33.94 acres and is zoned PD-RB,Planned Development-Rural Buffer.
In August of 1990 a Class A Special Use Permit was issued for Carolina Friends
School to allow the use of the school's waste-water disposal system in the Rural
Buffer. Article 6.20.1 of the Zoning Ordinance states that a large ground absorption
system with a design capacity over 3000 gallons per day may be allowed in the RB
district only through approval of a planned development. A planned development is
also required where there are multiple principal structures on a non-residential lot
greater than two acres in size..
The Board of Directors of Carolina Friends School adopted a five-year master plan
in 1991 for development of the school. In 1992 the Special Use Permit was
modified to include expansion of buildings and parking consistent with the school's
master plan. The current request is for 3500 square feet additional floor area(total
6500 square feet)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 request does not
represent an increase in school staff or student enrollment.
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.
The proposed expansion of the school complies with almost all the findings required
by the Zoning Ordinance that are attached to the current Special Use Permit. A
81 ITEMS FOR DECISION -CONSENT AGENDA
A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to approve
the items on the Consent Agenda as stated below:
A. Appointments
The appointments for the Planning Board will be considered as a separate item.
The Board approved the following appointments:
Carrboro Board of Adjustment
Stephen J. Dear for an unexpired term ending 3/30/98
Commission for Women
Deborah VanDyken for an unexpired term ending 6/30/97
Orange County Statewide School Bond Committee
B. Crowder-Gaines
Guido DeMaere
David Hunt
Judy White
b. Minutes
The Board approved the minutes for April 18 and April 25, 1996 as presented.
C. Subdivision Regulations Text Amendments -Securing Improvements
The Board closed the public hearing and approved the 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.
d. Subdivision Regulations Text Amendment - Lot Layout
The Board closed the public hearing and received the Planning Board recommendation.
They approved a proposed amendment to clarify Section IV-B-5-e by substituting the word "divided" for
the word "separated".
e. Subdivision Regulations Text Amendments -Clustered Subdivisions in Rural Buffer
The Board closed the public hearing and received the Planning Board recommendation.
They approved a proposed amendment to re-adopt cluster subdivision provisions and Concept Plan
application and approval procedures in the Rural Buffer.
L PD-1-96 Carolina Friends School
The Board closed the public hearing and received the Planning Board recommendation.
They approved the administration's recommendation of the modification to the Special Use Permit for
Carolina Friends school based on the findings as stated in the agenda and subject to the following
condition added to those placed on the Special Use Permit in 1990 and 1992:
1. The entrance and driveway are to be kept free and clear of traffic and parked vehicles at
all times and clearly identified as fire lanes with reflective signs mounted on posts. The signs shall be
installed under the guidance and supervision of the Orange County Fire Marshal's office and shall meet
the provisions of Chapter 6 of the North Carolina State Building Code, Volume V, Fire Prevention, 1996
Edition.
g, Revised Time Schedule for Golf Course Standards Initiative