HomeMy WebLinkAboutAgenda - 02-28-1994 - C.1.c J
OR AN G E C 0 U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 28, 1994
Action Agenda
Item # 02. 1.
c .
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
ARTICLE 22 - DEFINITIONS
DEPARTMENT: PLANNING PUBLIC HEARING X Yes No
ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis
Extension 2583
Proposed Amendment
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To receive citizen comments on a proposed amendment to the
Zoning Ordinance 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.
BACKGROUND: 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.
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 Commissioners. Minor Subdivisions are
considered approved upon approval of a Final Plat by the
Planning Staff.
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.
RECOMMMATION: Article 20.3 of the Zoning Ordinance requires that the
Zoning Officer's recommendation be presented to the
Planning Board within 30 days of receipt of an
application. However, Article 20.4 exempts any
application for amendments to the Zoning Ordinance by
either the public or the County from the provisions of
Article 20.3. In either case, though, the public hearing
is the time scheduled for presentation of the Zoning
Officer's recommendation.
Zoning Officer Recommendation
Provided that the Planning Board and Board of
Commissioners find in the affirmative, the Zoning Officer
recommends approval of the proposed text amendment.
Administration Recommendation
The Administration recommends that the proposed amendments
be referred to the Planning Board for a recommendation to
be returned to the Board of Commissioners no sooner than
April 4, 1994.
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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 HEARING 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
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
Plat by the Planning Staff. The Final Plat
includes conditions which must be met before
the Subdivision can be recorded. The Final
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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:
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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.
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A lot shall no longer be recognized
as having been created if a Final
Plat was not approved and recorded
within its required time limit and
the Preliminary Plan expired.
This definition does not apply to
lots of record.
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ORDINANCE REVIEW SUBCOMMITTEE: January 19, 1994
PLANNING BOARD REVIEW:
BOCC REVIEW:
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