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HomeMy WebLinkAboutAgenda - 05-23-1994 - C-6a (1-3) 097 O R A N G E C O U N T Y BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: May 23, 1994 Action Agenda Item # C 6a(1-3) SUBJECT: PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT (Approval of Minor Subdivisions with Public Roads) Section II Definitions Section III-C-4 Minor Subdivisions - Action Subsequent to Approval DEPARTMENT: PLANNING PUBLIC HEARING x Yes No ATTACHMENT(S) : INFORMATION CONTACT: Jane Garrett Proposed amendment Extension 2581 TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To receive citizen comment an a proposed amendment to the Subdivision Regulations to allow subdivisions of five or fewer lots to be approved through the minor subdivision process when public road dedication or improvement is required. BACKGROUND: In some cases, private road justification criteria are not met in a subdivision of five or fewer lots that would otherwise be eligible for the Minor Subdivision review process. Any subdivision which includes a proposed public road must be processed as a Major Subdivision, regardless of the number of lots, so that the Board of Commissioners can accept the dedication of the road right-of-way on behalf of the public. The proposed amendment would allow for the subdivision approval to remain administrative through the Minor Subdivision process, even if public road dedication were required. After approval of the subdivision, the offer of right-of-way dedication would be presented to the Board of Commissioners for acceptance, as an administrative matter. RECOMMENDATION: Section VII-D-3 of the Subdivision Regulations requires that proposed amendments to the text of the Subdivision Regulations be presented at a joint public hearing involving the Board of Commissioners and the Planning Board. It is at that time that the Planning Staff' s recommendation is presented. 095 Planning Staff Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Planning Staff recommends approval of the proposed text amendment. No decision is made on the proposed amendments by either the Planning Board or Board of Commissioners at the public hearing. Instead, the Planning Board has 75 days within which to prepare and submit a recommendation to the Board of Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than August 8, 1994 099 PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION II - DEFINITIONS SECTION III - APPLICATION AND APPROVAL PROCEDURES ORIGIN OF AMENDMENT: _x_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High _x_ Middle Low Comment: EXPECTED PUBLIC HEARING DATE: May 23, 1994 PURPOSE OF AMENDMENT: To allow subdivisions of five or fewer lots to be approved through the minor subdivision process if public road dedication or improvement is required. IMPACTS/ISSUES: In some cases, private road justification criteria are not met in a subdivision of five or fewer lots that would otherwise be eligible for the Minor Subdivision review process. Any subdivision which includes a proposed public road must be processed as a Major Subdivision, regardless of the number of lots, so that the Board of Commissioners can accept the dedication of the road right- of-way on behalf of the public. The proposed amendment would allow for the subdivision approval to remain administrative through the Minor Subdivision process, even if public road dedication were required. After approval of the subdivision, the offer of right-of-way dedication would be presented to the Board of Commissioners for acceptance, as an administrative matter. EXISTING i PROPOSED ORDINANCE PROVISIONS: SUBDIVISION, MINOR - A division of a tract of land that does not: ( 1) Create more than five (5) lots, including the residual acreage, from any one ( 1) tract of land in any twenty-four (24) month period; ?-) Bed4 ewe-e - g�eve-ash*-�rewire-s-tFee -eta:eat-lip wid'-n eg an existing pabile stLcee . (3 2) Extend public water and/or sanitary sewerage systems other than laterals to serve individual r 100 lots; (4 3) Necessitate the installation of drainage improvements which would require easements through one ( 1) or more lots to serve other lots; and (5) At the option of the applicant, involve vesting of the subdivision for a period greater than one year. III. APPLICATION AND APPROVAL PROCEDURES III-A. General Provisions III-B. Classification of Subdivisions All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this Section. A "minor subdivision" is defined as the division of a tract of land that does not: ( 1) Create more than five (5) lots, including the residual acreage, from any one ( 1) tract of land in any twenty-four (24) month period. (2) Dedleate—e r any pubile stEeet etheE than (3 2) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots; and (4 3) Necessitate the installation of drainage improvements which would require easements through one (1) or more lots to serve other lots. III-C-3. Review and Approval Procedures Upon acceptance of a minor subdivision application, the Planning Department shall determine if the plat and application conform with all applicable regulations, including any applicable conditions of an approved Special Use Permit. Auxiliary documents as required by Section III- C-2 above shall be submitted by the Planning Department to the County Attorney for his/her review and recommendation. After receiving a complete Final Plat, the Planning Department may submit copies of the Final Plat and accompanying material to the officials and agencies listed lot in Section III-D-2-b for their review and comment. The officers or agencies to which the plan is submitted shall provide a certification to the Planning Department as to the suitability, provisional suitability, or unsuitability of the proposal. Recommendations of the review officers or agencies may be incorporated as conditions of approval of the subdivision. The Planning Department shall take action on an application solely on its findings as to compliance with applicable regulations and conditions and shall: (a) Approve the application; (b) Approve the application subject to conditions; or (c) Deny the application. The Planning Department shall notify the applicant of its action, including any conditions attached thereto, within forty-five (45) days following acceptance of the application, or within such further time consented to by written notice from the applicant. If the Planning Department fails to render a decision within the specified time period, or extensions thereof, the application is approved as submitted. III-C-4. Action Subsequent to Approval The Planning Director or his/her designated representative shall endorse approval on a reproducible mylar original of the Final Plat if the Planning Department approves an application either with or without conditions. If the subdivision requires or includes the dedication of right-of-way for a public road, then the offer of dedication shall be presented to and accepted by the Board of Commissioners and a Certificate of Dedication (as required by Section V-D-6-b of this Ordinance) shall be endorsed by the County Manager prior to endorsement of the Final Plat by the Planning Director. ORDINANCE REVIEW SUBCONKITTEE: April 6, 1994 PLANNING BOARD REVIEW: SOCC REVIEW: 1 101.