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HomeMy WebLinkAboutAgenda - 08-22-1994 - C-4 (c) ORANGE COUNTY 077 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22, 1994 Action Agenda Item # C4c SUBJECT: PROPOSED SUBDIVISION REGULATION TEXT AMENDMENTS Private Road Standards (curve radius) DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Proposed amendments Extension 2583 TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To receive citizen comment on a proposed amendment to the Subdivision Regulations to allow for modification of the 125-foot curve radius for subdivisions served by existing private roads which have a lesser radius. BACKGROUND: The Orange County Private Road Standards include requirements pertaining to construction materials, and design standards pertaining to road and right-of-way width, grade, curve radius, vertical clearance, drainage, signage, turn-arounds, vegetation and maintenance. Application of these standards assures that the road will provide safe access, in terms of traffic circulation and emergency access, appropriate for the number of lots it serves. There is flexibility in some of the dimensional standards to address various site-specific circumstances and constraints. For example, the Board of Commissioners may approve a partial-width right-of-way if the full right-of- way width cannot be attained, and the Erosion Control Officer may approve a grade steeper than the 12% generally required if "exceptional circumstances" are involved. There is also some variability allowed in the pitch of the travelway and construction standards for ditches. There is currently no flexibility in the requirement for a 125-foot curve radius. New roads which are created when property is subdivided are located and designed in such a way that this requirement can be met. Problems occasionally arise, however, in the subdivision of lots which are accessed by an existing road which does not meet the curve radius. In some cases, the road and/or right- 07t of-way can be reconfigured so that the curve radius can be met. In other cases, the road cannot be redesigned to comply with the radius standards due to the inability to change the location of the right-of-way, the extent of earthwork that may be required if there are significant slopes or embankments, and/or the location of the right- of-way in relation to property lines. (The subdivision regulations do not allow a new lot to be split by a road right-of-way) . In these cases, no additional lots may be created on the road, even if the change is minor, and the existing road would provide an acceptable level of safety for general traffic and emergency vehicles. During the past year, two minor subdivisions have been reviewed in which this issue was encountered. One subdivision was submitted and conditionally approved, but the requirement for certification that the existing road meets the curve radius requirement cannot be met, and the subdivision cannot be released for recordation. The second case involved a subdivision which was informally reviewed, but not submitted due to the curve radius of the existing road. The proposed amendment would allow approval of a subdivision with lots served by a road with a curve radius of less than 125 feet if all of the following conditions are met: 1) The road existed prior to the adoption of subdivision regulations or was approved as part of an earlier subdivision; 2) Reconstruction of the existing road to meet a 125 ' curve radius is not feasible due to the extent of earthwork which would be required and/or the inability to reconfigure the existing right-of-way location due to ownership or the location of existing structures, wells or septic systems; 3) Standards pertaining to road width and grade will be met; 4) The subdivision can be approved with a Class C or Class B private road; 5) Documentation is received from the Erosion Control Division that the proposed curve radius would provide for adequate vehicular access and circulation; 6) Documentation is received from the Department of Emergency Services stating that the proposed curve radius will provide adequate access for the largest emergency vehicle which would use the road. The Planning Staff met with Mike Tapp, Orange County Fire Marshall in preparing the proposed amendment to assure that concerns related to emergency access were addressed. . y RECOM ENDATION: Section VII-D-3 of the Subdivision Regulations requires 07 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 3, 1994. 080 081 1 PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: Private Road Standards 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 for modification of the 125-foot curve radius for subdivisions served by existing private roads which have a lesser radius. IMPACTS/ISSUES: The Orange County Private Road Standards include requirements pertaining to construction materials, and design standards pertaining to road and right-of-way width, grade, curve radius, vertical clearance, drainage, signage, turn-arounds, vegetation and maintenance. Application of these standards assures that the road will provide safe access, in terms of traffic circulation and emergency access, appropriate for the number of lots it serves. There is flexibility in some of the dimensional standards to address various its specific circumstances and constraints. For example, the Board of Commissioners may approve a partial-width right-of-way if the full right-of-way width cannot be attained, and the Erosion Control Officer may approve a grade steeper than the 12% generally required if "exceptional circumstances" are involved. There is also some variability allowed in the pitch of the travelway and construction standards for ditches. There is currently no flexibility in the requirement for a 125- foot curve radius. New roads which are created when property is subdivided are located and designed in such a way that this requirement can be met. Problems occasionally arise, however, in the subdivision of lots which are accessed by an existing road which does not meet the curve radius. In some cases, the road and/or right-of-way can be reconfigured so that the curve radius can be met. In other cases, the road cannot be redesigned to comply with the radius standards due to the inability to change the location of the right-of-way, the extent of earthwork than may be required if there are significant slopes or embankments, and/or the location of the right-of-way in relation to property 082 2 lines. (The subdivision regulations do not allow a new lot to be split by a road right-of-way) . In these cases, no additional lots may be created on the road, even if the change is minor, and would provide an acceptable level of safety for general traffic and emergency vehicles. The proposed amendment would allow approval of a subdivision with lots are served by a road with a curve radius of less than 125 feet if all of the following conditions are met: 1) The road existed prior to the adoption of subdivision regulations or was approved as part of an earlier subdivision; 2) Reconstruction of the existing road to meet a 125' curve radius is not feasible due to the extent of earthwork which would be required and/or the inability to reconfigure the existing right-of-way location due to ownership or the location of existing structures, wells or septic systems; 3) Standards pertaining to road width and grade will be met; 4) The subdivision can be approved with a Class C or Class B private road; 5) Documentation is received from the Erosion Control Division that the proposed curve radius would provide for adequate vehicular access and circulation; 6) Documentation is received from the Department of Emergency Services stating that the proposed curve radius would provide access for the largest emergency vehicle which would use the road. The Planning Staff consulted with Mike Tapp, Orange County Fire Marshall in preparing the proposed amendment to assure that concerns related to emergency access were addressed. The Department of Emergency Management has indicated support for the proposed amendment. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: Private Road Standards - Minimum Curve Radius New curves shall be constructed with a minimum centerline radius of 1251 . The right-of-way must be designed with bends that will provide sufficient width to construct the road to this minimum radius. For example, a 90' bend in a 50' right-of-way will not provide enough are to construct a road 18' wide. The right-of- way must include sufficient width for the travelway and the necessary shoulders, ditches and slopes. A curve radius of less than 125 feet may be approved if all of the following conditions are met: 3 d4 1) The road existed prior to the adoption of subdivision regulations or was approved as part of an earlier subdivision; 2) Reconstruction of the existing road to meet a 125' curve radius is not feasible due to the extent of earthwork which would be required and/or the inability to reconficture the existing right-of-way location due to ownership or the location of existing structures. wells or septic systems; 31 Standards pertaining to road width and grade will be met; 41 The subdivision can be approved with a Class C or Class B private road; 51 Documentation is received from the Erosion Control Division that the proposed curve radius would provide for adequate vehicular access and circulation; 6) Documentation is received from the Department of Emergency Services stating that the proposed curve radius would provide access for the largest emergency vehicle which would use the road. ********************************** ORDINANCE REVIEW SUBCOMMITTEE: July 11, 1994 PLANNING BOARD REVIEW: BOCC REVIEW: 084