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HomeMy WebLinkAboutAgenda - 02-01-1994 - VIII-H 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 1. 1994 Action Agenda Item #—VMI_/4 SUBJECT: ADVERTISEMENT - FEBRUARY 28, 1994 PUBLIC HEARING DEPARTMENT: PLANNING PUBLIC HEARING Yes-x—No ATTACHMENT(S): INFORMATION CONTACT: Proposed Legal Notice Mary Willis Proposed Public Hearing Items Extension 2583 TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider the legal notice for the quarterly public hearing scheduled for February 28, 1994. BACKGROUND: The next regular quarterly public hearing is scheduled for February 28, 1994. The Board of Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. Items to be considered at the February 28, 1994 public hearing include the following: 1. Zoning Ordinance Text Amendments (a) ARTICLE 6.23.7 Watershed Protection Overlay Districts (Stream Buffer Requirements) Amendment allows for reduction of the 150' building setback adjacent to reservoirs for existing lots. (b) ARTICLE 6.23.8 Watershed Protection Overlay Districts (Water Supply and Sewage Disposal Facilities) Amendments allow for reduction of the 300'septic setback adjacent to reservoirs for existing lots, and allow off-site septic easements in all watersheds except the University Lake Watershed. (c) ARTICLE 22 Definitions (Lot, Creation of) (d) ARTICLE 6.24 WATER SUPPLY AND SEWAGE DISPOSAL, AND ARTICLE 8.8.27 ALTERNATIVE WASTEWATER TREATMENT SYSTEMS Amendment incorporates provisions of the Orange County Water and Sewer Policy into the Orange County Zoning Ordinance. Originally, staff had intended to include a petition submitted by property owners along Old N.C. 86, requesting that their property be placed in Economic Development District land use plan and zoning district categories. Staff also intended to include boundary adjustments to six properties (five in the I-85/U.S.70 District; one in the I-40/Old N.C. 86 District) where 2 boundary lines split property in the same ownership. Because the Economic Development District proposals will not be considered for decision until March 1, these requests and/or adjustments will have to be postponed until the May public hearing. Approval of the notice will permit advertisement on February 16 and February 23, 1994 as required by the N.C. General Statutes. The Planning Board considered the proposed ordinance tent amendments at its January 24, 1994 meeting and unanimously recommended that they be presented at the February 28, 1994 public hearing for citizen comment. RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for February 28, 1994. * ORANGE COUNTY PLANNING DEPARTMENT s 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE ZONING ORDINANCE FOR ORANGE COUNTY, N.C. Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section 240,323 and 343, and Articles 20.5 and 20.6 of the Orange County Zoning Ordinance, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse(New), 106 East Margaret Lane,Hillsborough,North Carolina,on Monday,February 28, 1994 at 7:30 p.m.for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS The proposed text amendments to the Orange County Zoning Ordinance are as follows: 1. Amend ARTICLE 6.23.8 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES to allow for the use of off-site septic easements for sewage disposal systems in all watershed protection overlay districts except UNIV-CA and UNIV-PW. 2. Amend ARTICLE 22 DEFINITIONS to add a new definition,Lot, Creation of which specifies that a lot is deemed"created"upon approval of the Preliminary Plan by the Board of Commissioners (for M4jor Subdivisions) or upon approval of the Final Plat by the Planning Staff (for Minor Subdivisions),for the purpose of determining whether the lot is subject to changes in regulations. 3. Amend ARTICLE 6.23.7 WATERSHED PROTECTION OVERLAY DISTRICTS (STREAM BUFFER REQUIREMENTS) to allow for a reduction in the 150' building setback required adjacent to reservoirs,provided that the building remains outside of the stream buffer,the lot was created prior to January 1, 1994, and it can be shown that the lot cannot be developed in a reasonable manner if the full 150' setback is applied 4. Amend ARTICLE 6.23.8 WATERSHED PROTECTION OVERLAY DISTRICTS (WATER SUPPLY/SEWAGE DISPOSAL FACILITIES) to allow for a reduction in the 300' septic system setback required adjacent to reservoirs, provided that the septic system remains outside of the stream buffer, the lot was created prior to January 1, 1994, and it can be shown that the lot cannot be developed in a reasonable manner if the full 300' setback is applied 5. Add ARTICLE 6.24 WATER SUPPLY AND SEWAGE DISPOSAL, AND ARTICLE 8.8.27 ALTERNATIVE WASTEWATER TREATMENT SYSTEMS to incorporate applicable existing provisions of the Orange County Water and Sewer Policy into the Orange County Zoning Ordinance. All interested citizens are invited to attend this hearing and be heard Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. 4 The proposed text amendments as described in this notice are available for public inspection at the Orange County Planning Department. Questions regarding the proposals may also be directed to the Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina Office hours are from 8:00 am.to 5:00 p.m.Monday through Friday. You may also call,732-8181 (Hillsborough), 688.7331 (Durham), 967-9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. Marvin Collins, Planning Director PUBLISH: February 16, 1994 February 23, 1994 5 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE i REFERENCE: ARTICLE 6.23.7 - Watershed Protection Overlay Districts (Stream Buffers) I ARTICLE 6.23.8 - Watershed Protection Overlay Districts (Sewage Disposal and Watersupply) ORIGIN OF AMENDMENT: _x_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High Middle x Low Comment: PUBLIC HEARING DATE: February 28, 1994 PURPOSE OF AMENDMENT: To allow for a reduction in the 150 ' building setback and 300 ' septic system setback adjacent to reservoirs and/or streams for lots created prior to January 1, 1994. IMPACTS/ISSUES: Article 6.23.7 requires that new structures be located at least 150 ' from a reservoir, or outside of the stream buffer, whichever is greater. Article 6.23.8 requires that septic systems be located at least 300 ' from a reservoir or outside of the stream buffer, whichever is greater. Application of these setbacks may render some existing lots unbuildable, particularly those which were not subject to any watershed protection standards at the time of their creation. For example, the Bellechene East Subdivision, located adjacent to Lake Orange, was approved prior to the zoning of Cedar Grove Township and the application of watershed protection standards. Eighteen of the 30 lots are located entirely or almost { entirely within 300 feet of Lake Orange, and i would be unbuildable if the 300 ' septic ' system setback were applied. There are a number of other existing subdivision lots surrounding Lake Orange which may be unbuildable if the 300 ' septic setback and 150 ' building setback are G applied. There may also be lots adjacent to University Lake or Cane Creek which existed prior to the adoption of watershed standards that have not yet been built on. The remedy available at this time is for the property owner to seek a variance of the setback requirements to the extent necessary to develop the property in a reasonable manner. The proposed amendment would allow a reduction in the septic and building setbacks on lots which were created prior to January 1, 1994 to the extent necessary to build on the property, provided that septic system and structures remain outside of stream buffers, and the septic system remains at least 100 ' from the reservoir (as required by the State mandate) . EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 6.23.7 STREAM BUFFERS e) Minimum Buffer Width Required DISTRICT MINIMUM STREAM BUFFER WIDTH UNIV-CA The buffer width adjacent to streams shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150 ' from the reservoir or outside of the stream buffer, whichever is greater; EXCEPT when the lot was created prior to 1/1/94 and it is shown that application of the 150 ' setback would render the lot unbuildable. In that case, the 150 ' setback may be reduced to the extent necessary to develop the lot in a reasonable manner, provided that the reduced buffer width remains at least as wide as the stream buffer. UNIV-PW The buffer width shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. DISTRICT MINIMUM STREAM BUFFER WIDTH CANE-CA The buffer width adjacent to streams shall be the I U-ENO-CA width calculated using Method A. The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150 ' from the reservoir or outside of the stream buffer, whichever is greater; EXCEPT when the lot was created prior to 1/1/94 and it is shown that application of the 150 ' setback would render the lot unbuildable. In that case, the 150 ' setback may be reduced to the extent necessary to develop the lot in a reasonable manner, provided that the reduced buffer width remains at least as wide as the stream buffer. U-ENO-PW The buffer width shall be as calculated using L-ENO-PW Method A, or 150 ' , whichever is less, except BACK-PW where density exceeds 1 du/ac and impervious surface exceeds 12%. Where density exceeds 1 du/ac and impervious surface exceeds 12%, the buffer width shall be calculated as above, but shall not be less than 100 ' . CANE-PW LITTLE-PW HYCO-PW The buffer width shall be the width calculated FLAT-PW using Method A, or 1501 , whichever is less. HAW-PW JORDAN-PW 6.23.11 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES DISTRICT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA Water supply and sewage treatment systems UNIV-PW shall be limited to individual wells and CANE-PW on-site septic tanks systems or individual CANE-CA on-site alternative disposal systems. U-ENO-CA i I 8 DISTRICT WATER SUPPLY/SEWAGE DISPOSAL All Watershed No new treatment system will be permitted Overlay Districts where effluent disposal occurs on a separate lot from the source of wastewater generation. Repair systems are permitted on a lot other i than the lot which is the source of wastewater generation provided that the Orange County Health Department certifies that: 1. The residence or use has a failing system, AND there is not a suitable location for a repair system on the same lot as the residence or use, or 2 . In the case of an unimproved lot created by recorded deed, valid probated will or recorded plat prior to 6/15/91 for UNIV-CA and UNIV-PW, and 1/1/94 for all other watershed overlay districts, there is not a suitable location for a repair system on the same lot as the residence or use. UNIV-CA New septic tanks and their nitrification fields shall be located outside of any stream buffers, or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS Quadrangle maps, whichever is furtherl_ EXCEPT when the lot was created prior to 1/1/94 and it is shown that application of the 300 ' setback would render the lot unbuildable. In that case, the septic system setback may be reduced to the extent necessary to develop the lot in a reasonable manner, provided that the reduced buffer width remains at least 100 feet. 9 DISTRICT WATER SUPPLY/SEWAGE DISPOSAL CANE-CA New septic tanks and their nitrification U-ENO-CA fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 300 feet from a reservoiri_ EXCEPT when the lot was created prior to 1/1/94 and it is shown that application of the 300' setback would render the lot unbuildable. In that case, the septic system setback may be reduced to the extent necessary to develop the lot in a reasonable manner, provided that the reduced buffer width remains at least 100 feet. UNIV-PW Septic tanks and their nitrification fields CANE-PW shall be located outside of any stream U-ENO-PW buffers and at least 100 feet from a HYCO-PW perennial or intermittent stream as shown LITTLE-PW on the USGS Quadrangle maps. BACK-PW HAW-PW JORDAN-PW L-ENO-PW ********************************** ORDINANCE REVIEW SUBCOMMITTEE: January 19, 1994 PLANNING BOARD REVIEW: SOCC REVIEW: I t 10 ' PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6.23.8 Watershed Protection Overlay Districts (Water Supply/Sewage Disposal Facilities) ORIGIN OF AMENDMENT: Staff Planning Board X BOCC Public Other: STAFF PRIORITY RECOMMENDATION: X High Middle Low Comment: PUBLIC HEARING DATE: February 28, 1994 PURPOSE OF AMENDMENT: To allow the use of septic easements as needed in all protected watersheds except the University Lake Watersheds. IMPACTS/ISSUES: Background On December 21, 1993, the Board of Commissioners adopted amendments to the Orange County Zoning Ordinance, Zoning Atlas, Subdivision Regulations and Comprehensive Plan to implement mandated watershed protection standards and to extend zoning to Little River and Cedar Grove Townships. Those amendments included prohibition of the use of off-site septic easements (except for repair area) in all protected watersheds. Prior to adoption of the amendments on December 21, the prohibition of septic easements applied only in the University Lake Watershed. In the watershed protection amendments presented for public hearing in August, 1993, it was proposed that the University Lake restrictions pertaining to septic easements be extended to apply to all protected watersheds. There were no comments on this issue prior to or during the August public hearing. Two letters (attached) expressing opposition to the provisions, however, were received after the public hearing. In response to those concerns, and after consultation with the Environmental Health, i it was recommended that prohibition of septic i 11 easements not be extended beyond the University Lake Watershed. There was little discussion of septic easements at the Commissioner's meetings after the public hearing, however, when the watershed protection standards were adopted on December 21, 1993, changes to the Zoning Ordinance included the prohibition of septic easements in all watersheds. There was little specific discussion regarding the use of septic easements. There was some discussion of the use of alternative systems, particularly with regard to the Cane Creek Watershed. There was considerable discussion of similarities between the University Lake and Cane Creek Watersheds. OWASA as well as the Towns of Chapel Hill and Carrboro advocated the adoption of standards similar to those which applied in the University Lake Watershed. However, regulations related to the use of septic systems for individual systems was not specifically discussed. Given the lack of specific discussion, and the magnitude and complexity of the amendment package adopted on December 21, the Planning Staff is unsure as to whether the restriction on septic easements was deliberately incorporated as a part of the response to concerns with the Cane Creek watershed. After receiving comments from citizens after the adoption of the amendments the Chair of the Board of Commissioners requested that the Planning Staff present an amendment for public hearing in February 1994 so that this specific provision can be revisited. Effect of Septic Easements on Water Quality The Orange County Division of Environmental 1 Health has indicated that the prohibition of i individual off-site septic easements would not enhance water quality, and that allowing easements could be beneficial in some cases due to greater flexibility in locating and designing septic systems. In terms of maintenance, it was indicated that it was likely that system problems or failures would be reported and corrected more quickly where there was an off-site easement because the owner of the property would not own or be responsible for the septic system. 12 Also, there is as greater possibility that marginal soils would be used in some cases in order to maintain a desirable subdivision design and avoid the creation of lots with a very irregular shape. The prohibition of easements would also eliminate possibilities for cluster developments in which open space could be preserved. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 6.23.11 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES DISTRICT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA Water supply and sewage treatment systems UNIV-PW shall be limited to individual wells and CANE-PW on-site septic tanks systems or individual CANE-CA on-site alternative disposal systems. U-ENO-CA -::et eshed No new treatment system will be permitted Gvee __. _.._:..t_ where effluent disposal occurs on a separate lot from the source of wastewater UNIV-CA generation. UNIV-PW Repair systems are permitted on a lot other than the lot which is the source of wastewater generation provided that the Orange County Health Department certifies that: 1. The residence or use has a failing system, AND there is not a suitable location for a repair system on the same lot as the residence or use, or 2. In the case of an unimproved lot created by recorded deed, valid probated will or plat recorded prior to 6/15/91, there is not a suitable location for a repair system on the same lot as the residence or use. UNIV-CA New septic tanks and their nitrification fields shall be located outside of any stream buffers, or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS Quadrangle maps, whichever is further. I 13 DISTRICT WATER SUPPLY/SEWAGE DISPOSAL CANE-CA New septic tanks and their nitrification U-ENO-CA fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 300 feet from a reservoir. UNIV-PW Septic tanks and their nitrification fields CANE-PW shall be located outside of any stream U-ENO-PW buffers and at least 100 feet from a HYCO-PW perennial or intermittent stream as shown LITTLE-PW on the USGS Quadrangle maps. BACK-PW HAW-PW JORDAN-PW L-ENO-PW ********************************** ORDINANCE REVIEW SUBCOMMITTEE: January 19, 1994 PLANNING BOARD REVIEW: SOCC REVIEW: i I J 14 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 6.24 Water Supply and Sewage Disposal (NEW) Article 8.8.27 Alternative Wastewater Treatment ' Systems (NEW) ORIGIN OF AMENDMENT: _x_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High Middle x Low Comment: PUBLIC HEARING DATE: February 28, 1994 PURPOSE OF AMENDMENT: To incorporate applicable provisions of the Orange County Water and Sewer Policy into the Orange County Zoning Ordinance. IMPACTS/ISSUES: Land-use related provisions of the existing Water and Sewer Policy which are proposed to be incorporated into the Zoning Ordinance are summarized as follows: Water and Sewer Extensions 1. Allowed in Transition Areas 2. Allowed outside of Transition Areas only: a) to serve an essential public facility; or ! b) to remedy a public health emergency; or c) where existing service is contiguous to the site. 3. Allowed in Rural Buffer and watershed critical areas only: ' a) If a service agreement existed before April 3, 1989; or b) to serve an essential public facility or remedy a public health emergency, provided that the line is sized for that purpose only. Y s 15 Use of Alternative Wastewater Treatment Systems 1. Defined as discharge systems such as package treatment plants or non- discharge systems such as spray irrigation or low-pressure injection. 2. Permitted as a Class A Special Use if: a) All Special Use Permit requirements are met; and b) soils are unsuitable for conventional on-site disposal; OR soils are suitable for on-site disposal, but open space is preserved through clustering; and c) the site is not served by public sewer. A new Article 8.8.27 is also proposed, which establishes specific Special Use Permit conditions for alternative wastewater treatment systems. In addition to conditions which assure compliance with the requirements above, conditions are proposed which relate to long-term operation and maintenance. The proposed amendments do not represent any substantive change to requirements currently in effect through the Water and Sewer Policy. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 6.24 WATER SUPPLY AND SEWAGE DISPOSAL 6.24.1 Service Extension ' a) Within Transition Areas A water or sewer system built or extended within Transition Area as defined in the Land Use Element of the Comprehensive Plan shall be designed, sized j and constructed to the standards of the probable 4 utility provider. The location and size of utility easements shall be approved by and { dedicated in the form of a deed of easement to the I probable future public utility provider. 16 b) Outside of Transition Areas, 1) Permitted Extensions Except as provided in Article 6.24. 1 (b) (3) below, water and/or sewer facilities outside of Transition Areas as defined in the Land Use Element of the Comprehensive Plan may occur only: to provide service to an essential public facility (such as a school) ; or to remedy a public health emergency not otherwise correctable (such as a failing septic tank or failing package treatment plant) ; or where existing water and/or sewer service is contiguous to the site. 2) Capacity of Extensions Except as provided in Article 6.24 . 1(b) (3) below, system extensions into areas outside of Transition Areas shall be sized according to the policy of the utility provider. 3) Exceptions (a) Prior Agreements valid written water and/or sewer service agreements for locations in the Rural Buffer and watershed critical areas which were valid prior to April 3, 1989, and in which a local government or a water/sewer authority is a party and is the water/sewer provider may be carried out to the level of service for which the agreements were originally written. However, the water and/or sewer service established by such an agreement shall be extended only for uses and densities permitted by the applicable zoning district. (b) Extensions in Rural Buffer and Watershed Critical Areas Development projects within the Rural Buffer portion of the Joint Planning Area and outside of watershed critical areas may access water and sewer service only to provide service to an essential J 17 public service of to remedy a public health emergency not otherwise correctable. Such extensions shall be sized only to address the purpose for which the system is extended. c) Assurance of Installation A development project to be served by a public or private water or sewer system must be assured of installation of such service at the time it is approved. "Assured of installation" shall mean that the municipality, private association or water or sewer authority to whose system the development project is to be connected has: 1) Reviewed and approved preliminary plans for proposed water and sewer lines; and 2) Determined that the existing system. has adequate capacity to serve the proposed connection(s) ; and 3) Determined that the existing water and sewer treatment facilities have adequate capacity to supply water to and treat wastewater from the proposed development, and 4) Determined that the carrying capacity of the discharge stream or discharge point is sufficient to accept the proposed discharge while maintaining water quality standards established by the North Carolina Division of Environmental Management; and 5) Determined that an adequate method of funding proposed extensions of water and sewer lines has been established; and 6) Determined that service to the development project is authorized by any water management plan and discharge permit which may be in effect at the time of approval. Indication that the above conditions for assurance of installation are satisfied, and that water and/or sewer will be provided to the development site, shall be provided by the utility provider, through approval of a formal resolution or other agreement. 18 6.24.2 Use of Alternative Wastewater Treatment Systems a) Definition Alternative wastewater treatment systems include: Discharge systems such as package treatment plants which discharge into a natural water course and do not depend on the soil for treatment. Non-discharge systems which are used where pollutants found in the wastewater can be adequately removed through distribution to the soil. Non-discharge systems are generally known as ground absorption systems consisting of land application systems by spray irrigation onto the surface of the soil and variations of the conventional ground absorption system based on low pressure injection of wastewater into the soil. b) Where Permitted Where allowed by the zoning district and any applicable zoning overlay districts, the use of alternative wastewater treatment systems as a means of sewage disposal will be permitted with approval of a Class A Special Use Permit (see Article 8.8.27) if one of the following conditions exists: the Orange County Division of Environmental Health has determined that the land is unsuitable for conventional on-site sewage disposal systems, and the land is not served by public sewer; or the land has been found to be suitable for conventional on-site sewage disposal systems, however, open space is preserved for recreation areas and/or for scenic, environmental and agricultural protection purposes through the clustering of dwelling units and the land is not served by public sewer. 8.8.27 ALTERNATIVE WASTEWATER TREATMENT SYSTEMS 8.8.27 .1 Additional Information a) A statement from the Orange County Division of Environmental Health concerning the suitability of soils for wastewater disposal. M 19 b) Construction plans approved by the Orange County Division of Environmental Health or the North Carolina Division of Environmental Management, whichever is the applicable approval authority. c) A long-term monitoring and maintenance plan, including legal and financial responsibility. i 8.8.27.2 Standards for Evaluation a) The site is not served by public water and/or sewer. b) The Orange County Division of Environmental Health has determined that the soils are not suitable for conventional individual ground absorption systems; OR Open space is preserved for recreation areas `• and/or scenic, environmental or agricultural protection purposes, through the clustering of i dwelling units. c) The proposed monitoring and maintenance plan provides adequate assurance that the will be properly maintained. d) The system design and proposed method of operation and maintenance meets all other applicable local, state and federal regulations. ********************************** ORDINANCE REVIEW SUBCOMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: I I I I i i I F I E 1 20 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 22 - DEFINITIONS ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public Other: County Attorney STAFF PRIORITY RECOMMENDATION: High Middle x Low Comment: PUBLIC BEARING DATE: February 28, 1994 PURPOSE OF AMENDMENT: To clearly define the point at which a subdivision lot is "created" for the purpose of determining whether or not the lot is subject to amendments which may be made to the Zoning Ordinance or Subdivision Regulations. IMPACTS/ISSUES: It is often the case that lots which existed prior to a particular amendment to the Zoning Ordinance are not subject to the amended provisions. The date on which a lot is "created" can be critical in determining whether or not a lot can be developed in the manner requested. From a legal standpoint, a subdivision lot is "created" at the time that a Final Plat for the subdivision is recorded with the Register of Deeds. However, it has been the policy of Orange County to recognize lots which have been approved through the applicable review and approval process as existing, even if the final step of recording the subdivision has not occurred. Major Subdivisions are considered approved when the Preliminary Plan Resolution of Approval is adopted by the Board of J Commissioners. It may take months, or in the case of large subdivisions, several years for all of the lots to be recorded, depending on how long it may take to construct roads and other improvements required as part of the project approval. Minor Subdivisions are considered approved upon approval of a Final fPlat by the Planning Staff. The Final Plat includes conditions which must be met before the Subdivision can be recorded. The Final 21 Plat must be recorded within six months of approval. The proposed amendment makes explicit the existing policy of recognizing approved lots as "lots of record" for purposes of determining whether or not they are subject to newly-adopted regulations. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: Article 22 - Definitions Lot, Creation of - A lot shall be recognized as "created" for purposes of compliance with this Ordinance, at the time of Preliminary Plan approval in the case of a Major Subdivision, and Final Plat approval in the case of a Minor Subdivision. However, if the Preliminary Plan or Final Plat expires prior to recordation, then the approved lots are no longer recognized as having been created. This definition does not apply to lots which existed prior to the adoption of Subdivision and Zoning Regulations for the Township within which the property is located. ********************************** ORDINANCE REVIEW SUBCOMMITTEE: January 19, 1994 PLANNING BOARD REVIEW: BOCC REVIEW: I t 1 i i 1