HomeMy WebLinkAboutAgenda - 08-22-1994 - C-4 (b) 0'71
O R A N G E C 0 U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 22, 1994
Action Agenda
Item #C 4 b
SUBJECT: PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT
Section IV-B-5-e Lot Layout (land hooks)
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 comment on a proposed amendment which
would allow, in some circumstances, a new lot to contain
land area on both sides of a private road easement.
BACKGROUND The Subdivision Regulations require that all land area
within new lots be contiguous, and not separated by a road
right-of-way or by another lot. The application of this
restriction to public roads avoids the creation by Land
Records of parcels with separate Parcel Identification
Numbers (PINs) when the subdivision is recorded. A parcel
split by a public road cannot be included in a contiguous
metes and bounds description because the ownership extends
only to the edge of the right-of-way. This situation
causes confusion in issuing and tracking permit approvals.
The restriction applies to private roads as well as public
roads. Although it is preferable to have all of the lot
area on one side of a road to maximize its usability, lots
split by private roads do not result in the creation of
two separate PIN numbers because, unlike a dedicated
public road, a private road easement is under the same
ownership as the remainder of the lot.
Occasionally, applying this requirement to private roads
results in an awkward easement configuration and road
location, particularly where the use of an existing
driveway or road is proposed. (Examples attached. )
Planning Staff recollects three instances in the past year
when this issue was raised. One of those cases involved
an inquiry prior to submittal of a subdivision
application. The amendment is being proposed at this time
in conjunction with two other amendments which relate to
072 private roads.
p The other amendments pertain to the
location of lot lines in relation to public and private
road rights-of-way, and the curve radius for private
roads. Situations encountered in reviewing subdivisions
can involve issues addressed in one, two, or all three of
the amendments.
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 Department's
recommendation is presented.
Planning Department Recommendation
Provided that the Planning Board and Board of
Commissioners find in the affirmative, the Planning
Department 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
October 5, 1994.
073
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: SUBDIVISION REGULATIONS
REFERENCE: Section IV-B-5-e Lot Layout (land hooks)
ORIGIN OF AMENDMENT: _X_ Staff Planning Board
BOCC Public
Other:
STAFF PRIORITY RECOMMENDATION: High Middle _X Low
Comment:
PUBLIC HEARING DATE: August 22, 1994
PURPOSE OF AMENDMENT: To allow, in some circumstances, a new lot to
contain land area on both sides of a private road
easement.
IMPACTS/ISSUES: The Subdivision Regulations were amended on October 3,
1988 to require that all land area within a newly-created
lot be contiguous, and not separated by a road right-of-
way or by another lot.
The application of this restriction to public roads
prevents the creation of parcels with separate Parcel
Identification Numbers (PIN) by Land Records when the
subdivision is recorded. Separate PINs are necessary
because property lines go to the edge of the right of-way
for public roads, with the right-of-way itself being
dedicated to the public. If a parcel is split by a public
road, then the entire parcel cannot be included in a
contiguous metes and bounds description, and must be
described as two separate pieces, each with an individual
PIN. The two pieces would be considered as one zoning or
subdivision lot, joined by a "land hook" across the road.
This situation is undesirable in that it can cause
confusion when developing the parcel and issuing permits.
An amendment to the Subdivision Regulations to prohibit
splitting a lot by a road was approved on October 3, 1988
to avoid the creation of additional land hooks.
The 1988 amendment prohibited the creation of additional
land hooks across private roads as well as public roads.
Although it is preferable to have all of the lot area on
one side of a road to maximize its usability, lots split
by private roads do not result in the creation of two
separate PIN numbers because, unlike a dedicated public
road, a private road easement is under the same ownership
as the remainder of the lot.
Occasionally, applying this requirement to private roads
results in an awkward easement configuration and road
location, particularly where the use of an existing
074 driveway or road is proposed. (Examples attached. )
Planning Staff recollects three instances in the past year
when this issue was raised. One of those cases involved
an inquiry prior to submittal of a subdivision
application. The amendment is being proposed at this time
in conjunction with two other amendments which relate to
private roads. The other amendments pertain to the
location of lot lines in relation to public and private
road rights-of-way, and the curve radius for private
roads. Situations encountered in reviewing subdivisions
can involve issues addressed in one, two, or all three of
the amendments.
EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT:
IV-B-5 Lot Layout
IV-B-5-E All lots created after the effective date of this
provision (1013188) shall be composed of contiguous land
area, and that area shall not be separated by a public
street right-of-way or other lots. A private road
easement may split a new lot only if all of the following
criteria are met:
the land underlying the easement in the same ownership
as the remainder of the lot; and
the proposed easement contains an existing road or
driveway which is to be used for access to new lots;
OR the proposed easement is located along a property
line which has an irregular shape; and
the minimum lot area requirement can be met on one
side of the road easement but not both sides.
Those lots wit 3d eg sepaEated land area separated
by a public road right-of-way prior to the effective date
of this provision shall not be further subdivided in a
manner which creates any additional lots with separated
area.
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ORDINANCE REVIEW SUBCOMMITTEE:
PLANNING BOARD REVIEW:
BOCC REVIEW:
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