HomeMy WebLinkAboutAgenda - 04-04-1994 - VIII-F 1
ORANGE C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 4 , 1994
Action Agenda
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT Item #
ARTICLE 22 - DEFINITIONS
DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis
Proposed Amendment Extension 2583
2/28/94 Public Hearing Minutes (draft) TELEPHONE NUMBERS:
3/21/94 Public Hearing Minutes (draft) Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To consider 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.
The proposed amendment was presented for public hearing on
February 28, 1994. There were no questions or comments.
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The Planning Board considered the proposed amendment on
March 21, 1994 and recommended approval. The vote was
unanimous.
RECOMMENDATION: The Administration recommends approval of the proposed
amendment per the Planning Board recommendation.
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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 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
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:
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.
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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CRJ
EXCERPT FROM FEBRUARY 28, 1994 PUBLIC HEARING, MINUTES (DRAFT)
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1
2 Geoff Gledhill indicated that if you do not repair an offsite system
3 which is failing, the property owners may take ,you to court to repair the
4 system.
5
6 Commissioner Insko suggested exploring they possibility of the Health
7 Department inspecting these systems.
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9 Commissioner Willhoit commented that the Health Department is quoted in
10 the packet as indicating that "prohibition of individual offsite easements
11 would not enhance water quality. He requested data regarding Cane Creek and
12 University Lake in regard to the distribution of lot sizes.
13
14 Mratt Billingsly stated that the statement "prohibition of individual
15 offsite easements would not enhance water quality,'" is without documentation.
16 He indicated that the average septic field fails as a result of normal
17 household use.
18
19 Danny Williams., an Orange County propertylowner, spoke in support of
20 this amendment. He indicated that much of his land will be unusable for his
21 children without this. amendment.
22
23 o. article 22 Definitions (Lot, Creation of)
24 This item was presented by Mary Willis for the purpose of
25 receiving citizen comments on a proposed amendment to the Zoning Ordinance to
26 clearly define the point at which a subdivision lot is "created" for the
27 purpose of determining whether or not the lot is' subject to amendments which
28 may be made to the Zoning Ordinance or Subdivision Regulations.
29
30 TIN PUBLIC KBUL O WAS OP>M FOR QUESTIONS AND I COXNENTS PAOK TS= BOARD or
31 COXKXBSXCYMS*, PLa11 3W .BQARD OR CITURNS.
32
33 None..
34
35 d. article 6.24 Water Supply iand aenage Disposal
36 and 1 1
37 Article 8.9.27 Alternative Wastewater Treataent. systams
38 This item was presented by Mary Willis for the purpose of
39 receiving citizen comments on a proposed amendment to the orange County
40 Zoning Ordinance to incorporate applicable proviiisions of the orange County
41 Water and Sewer Policy into the orange County Zoning Ordinance.
42
43 TIM PUBLIC EE WKQ WAS OF30 !OA QVX$WXCUS OR C0KMTB VR= MES BOARD. OF
44 CON31188IO93M AND PLhJNM BOARD.
45
46 Ms. Willis indicated that most of the lot are approximately one acre
47 and were created prior to the adoption of subd vision regulations. Plats
48 were recorded within three months of when the subdivision regulations went
49 into effect. The Board of Adjustment's could find the lot unusable by
50 denying the request for installation of the septic system. If the lot cannot
51 be developed the variance could then be granted so that the lot would not be
52 unusable.
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3/21/93 Planning Board Minutes (Draft)
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AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING (2/28/94)
a. Proposed Zoning Ordinance Text Amendment
( 1) Article 22 - Definitions (Lot, Creation of)
This item is to consider 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.
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. (A copy of the amendment is an
attachment to these minutes on page . )
The proposed amendment was presented for public
hearing on February 28, 1994 and there were no
questions or comments.
The Planning Staff recommends approval of the
proposed amendment.
MOTION: Jobsis moved approval as recommended by the
Planning Staff. Seconded by Barrows.
VOTE: Unanimous.
AGENDA ITEM #10: MATTERS SCHEDULED FOR JPA PUBLIC HEARING (4/14/94)
a. Proposed JPA Land Use Plan/Map Amendment