HomeMy WebLinkAboutAgenda - 05-29-2001-5aORANGE COUNTY
BOARD OF COMMISSIONERS (~ ~ '"
ORANGE COUNTY PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: May 29, 2001
Action Agenda
Item No. 5 a&b
SUBJECT: Clarified Amendments to Orange County Private Raad Subdivision
Regulations Section IV-B-3-d-1 and to Sections IV-B-3-a and IV-B-3-b to
Clarify Provisions for Street Rights-of-Way and Coordinated Street System
DEPARTMENT: Planning - PUBLIC, HEARING: Y/N YES
INFORMATION CONTACT:
ATTACHMENT(S): Craig Benedict, ext. 2.592
1. Ordinance Amending the Orange County Karen Lincoln, ext. 2594
Subdivision Regulations
Section IV-B-3-d-1 (Private Roads) TELEPHONE NUMBERS:
2. Sliding Scale Chart Hillsborough 732-8181
3. Ordinance Amending the Orange Courriy Chapel Hill 968-0501
Subdivision Regulations Durham 688-7331
SectionslV-B-3-a and IV-B-3-b Durham 688-7331
PURPOSE; To receive citizen comment an proposed amendments to the Orange County Subdivision
Regulations:
1. Section N-B 3-d-1 Roads:
• Rewarding of certain provisions
• Justification for a private road to include allowing a zoning lot size of 60,000 sq. ft for subdivisions that
provide 50% open space (also known as Sliding Scale Open SpaoelClusier Provision)
2. Section N-B~ Streets:
• Section N-B~-a, Clarify pr~ovisian of streets rights-of~rvay ;and
• Section N-B-3-b, Clarify provision for a caardinatied street system.
BACKGROUND: Section N-B 3-d-1 Roads: The Orange County Board of County
Commissioners, on October 10, 2000, .adopted amendments to the Orange County
Subdivision Regulations regarding private roads. In its motion to approve the amendments,
the board directed staff to develop a sliding scale of lot sizes to allow 40,000 sq. ft. lots in
private road subdivisions that provide at least 50% open space. The board, in its discussion, also
directed staffto reword the paragraph on the intent of justification of a private road for athree-lot
subdivision and add language describing the differences between public and private roads.
1. Sliding Scale: The chart on page 9 demonstrates the benefits of the fi0,000 sq. ft. lot with
50% open space option over other passible outcomes using a sliding scale. The
proposed amendment is on page 5.
This item was discussed with Commissioner Jacobs who was the primary proponent of
this provision along with Commissioner Gordon. Chairman Halkiatis directed
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administration and the Planning Director to work through this amendment which as
submitted is acceptable as noted in the recommendation.
2. Rewording: The Ordinance Amending the Orange County Subdivision Regulations contains
the proposed:
• Rewording that clarifies the intent and substance of private road justification for three-
lot subdivisions (page 4).
• Language to be added to Appendix A, Private Road Standards, of the subdivision
regulations to further clarify the differences between public and private roads (page 7).
Section N-B-3 Street$: Subdivision Regulations require provision of street rights-of-way and that
all subdivisions to have "a coordinated street system via a public or private street ..".
Proposed amendments would clarify:
1. Provision of streets right-of-way includes rights-of-way for proposed future transportation
facilities included in adopted local and regional transportation plans.
2. A coordinated street system includes provisions for the extension of public roads in a
subdivision to undeveloped adjacent lots or to connect with existing public streets; and
limited driveway access on major subdivision streets.
Proposed amendments to Section IV-B-3 Streets are on page 10.
FINANCIAL IMPACT: There is no immediate financial impact associated with .this
decision item.
RECOMMENDATION(S). The Administration recommends that the Board refer the proposed
at~nendments to the Planning Board far a recommendation to be returned to the Board of
Commissioners by June 19, 2001.
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AN ORDINANCE AMENDING THE ORANGE COUNTY
SUBDIVISION REGULATIONS
SECTION IV-6~3-d-1. ROADS AND
APPENDIX A. ORANGE COUNTY PRIVATE ROAD STANDARDS
THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION
REGULATIONS ARE HEREBY AMENDED AS FOLLOWS:
(Bold print indicates language to be added. print indicates language to
be deleted.)
_ Section numbers in this document refer only to this document, and do not agree with
regulation section numbers.
SECTION 1: REWORD BEGINNING PARAGRAPH OF JUSTIFICATION FOR PRIVATE ROADS; REDUCE
THE DOUBLE LOT SIZE PROVISION TO 60,000 SQ. FT. IF AT LEAST 50% OPEN SPACE IS
PROVIDED. ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-B-3-D-1. ROADS, IS
AMENDED AS FOLLOWS:
*IV-B-3-d-1. Roads
Public roads are generally required in all subdivisions and will be required where it is
found that:
1. The subdivision roads would be accepted by the State far maintenance if:
a. They are built in a manner which satisfies the minimum State
design and construction criteria for subdivision roads; and
b. They would satisfy other requirements for addition to the State
maintenance system, including, but not limited to, the general
density standard of at least two occupied residences for each
one-tenth of a mile of subdivision road.
If, upon review of a subdivision plat, it is determined that the general
density standard is met, but a design standard is not, a re-design will be
required where possible. For example, if the number of lots proposed
along a subdivision road would clearly satisfy the density standard, but the
road design was such that the centerline radius did not meet the minimum
standard of 230 feet for level land, a new road design would be required.
Another example is a situation where a landscaped island or entrance
median prevents acceptance of the road for maintenance.
The above criteria and standards are identified in a publication,
Subdivision Roads-Minimum Construction Standards, prepared by and
available from the N.C. Department of Transportation; or
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2. The subdivision roads extend existing roads which are public; or
3. The subdivision roads are part of a development which is located in an
area designated as Urban or Transition on the Orange County
Comprehensive Plan; or
4. A proposed road is designated as an arterial or collector on an approved
Thoroughfare Plan for a municipality or in the Orange County
Comprehensive Plan; or
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5. The subdivision roads are part of anon-residential development
consisting of office, retail, industrial, and similar businesses, each located
on a separate lot. This provision shall only apply to that portion of a
subdivision being developed for non-residential purposes.
• ,
A private road shall be deemed justified for a minor residential subdivision
resulting in no more than three lots provided:
1. No new lots have been created from the parent tract, through subdivision
or other manner exempted from subdivision regulations, since the more
recent:
a. date of adoption of this provision; or
b. within ten years from the date of recordation of the parent tract.
2. All resulting lots meet Orange County Zoning Ordinance minimum lot area
per dwelling unit and ma~cimum density requirements for the zoning
district, including any overlay district, in which the subdivision is located;
and
3. The road serving the subdivision, even if constructed to North Carolina
Department of Transportation standards, would not be accepted into the
,State Maintenance Program because the road would not have the required
density.
Such subdivision of three or fewer lots may provide a private access easement for
one adjacent lotto access the private road in order to reduce the number of access
points on a public road.
For all other subdivisions the Planning Board and the Board of County Commissioners (in
the case of major subdivisions) and Planning staff (in the case of minor subdivisions) shall
consider the following design features when determining whether to permit private roads.
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There is no right to a private road in any subdivision '~ containing more than three
lots. At a minimum, a private road may be justified if the subdivision meets standards of
1.a and at least two other design features listed below.
1. The location and design of the subdivision is such that it clearly preserves
the rural character of the County through:
a. The provision of lot sizes and building setback lines significantly
greater than required by the underlying zoning district, including any
overlay district requirements, :cc^r'~~^^ +^ +"^ ~^"^•••°^^ ~+.,^~,,,r,,~;.
With respect to lot sizes, the followiing shall be deemed as
significantly greater than required by the underlying zoning
district.
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1) Conventional subdivisions
IF Zoning district area
per dwelling unit:
X40,000 sq. ft. = 80,000 sq. ft.
(1.84 ac) .87,120 sq. ft.
(2 ac.) All other
cases
Minimum area per
dwelling unit far 80,000 sq. ft. 120,000 sq. ft. 130,fi80 sq. ft. 5 acres
Private road: (2.75 ac.) (3 ac.)
Building setbacks for
Private road: Twice thane required by Orange County Zoning Ordinance
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2) Cluster Subdivisions Including Flexible Development
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Zoning district area = 80,000 sq. ft. ~ 87,120 sq. ft.
IF per dwelling unit; s 40,000 sq. ft. (1.84 ac.) (2 ac.)
AND % open space . Minimum I_ot Size for Private Road
33% - 40% 80,000 sq. ft. 130,680 sq. ft. 130,680 sq. ft.
W (3 ac.) (3 ac.)
41 % - 49% ~ 70,000 sq. ft. 90,000 sq, ft. 90,000 sq. ft.
(2.07 ac.) (2.07 ac.)
Z 50% 60,000 sq. ft. 60,000 sq. ft. 60,000 sq. ft.
(1.38 ac.) (1.38 ac.)
Building setbacks for
Private road Twice those required by Orange County Zoning Ordinance
b. The retention and/or provision of landscaping and use of clustering of
dwelling units to screen the view of the subdivision from public roads,
maintain a wooded or forested character,. maintain scenic views, or
preserve wildlife, botanical, historic, archaeological and/or recreation
sites; and/or
c. The preservation of site features which directly enhance the special or
unique cultural, historical, archaeological or biological characteristics of
the immediate area as referenced in "An Inventory of Sites of Cultural,
Historic, Recreational, Biological, and Geological Significance in the
Unincorporated Portions of Orange County" or, for historic sites, if the
site is deemed eligible by the State Historic Preservation Office for
inclusion in the National Register of Historic Places.
2. The number, location and/or size of lots to be located in the subdivision
are such that, even if constructed to State standards, the streets would
not be accepted by the State for maintenance due to density or other
State requirements.
3. At least fifty percent (5Q%) of the site is to be dedicated and preserved
through restrictive covenants and contains recreation and/ar open space
areas of significant botanical, wildlife, historic and/or archaeological sites as
referenced in "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of
Orange County"
4. In subdivisions to be located in a Protected Watershed as designated in the
Orange County Comprehensive Plan, stream buffers are increased by
twenty-five percent (25%) above those required by Article 6.23 of the
Orange County Zoning Ordinance and the impervious surface allowed is
decreased by fifteen percent (15%) to allow greater infiltration of storm
water runoff to prevent the pollution of water supply reservoirs.
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5. The site contains topographic and environmental features, such as
streams, steep slopes, or watersheds, that would be adversely affected by
the use of roads constructed to State standards because of factors such
as significant amounts of earthwork (cut and fill) that would contribute to
increased run-off of stormwater and siltation.
6. The site is already developed to 100% of the capacity which could be
achieved after approval of the subdivision and some or all of the non-
conforming aspects of existing development on the site will be made more
conforming as ~a result of the proposed subdivision, and all conforming
aspects of the development will remain conforming.
7. There is only one subdivision road proposed. Its length does not exceed
350' feet , it serves no more than five (5) lots, its grade does not exceed
9%, and the land being subdivided is not connected to or part of another
subdivision required to be served by public roads.
The Declaration of Development Restrictions, prepared by the Planning. Staff and
recorded concurrently with the Final Plat, shall include a statement that further
subdivision of any of the lots may require that the road be upgraded to a higher private
road classification, or to public standards, and that the cost of the upgrade will be the
responsibility of the subdivider.
Where a parcel being subdivided was created by a previous subdivision approved after
July 5, 1983, then the previous subdivision as well as the proposed subdivision will be
considered in determining whether a private road is still justified.
It shall be the responsibility of the applicant for subdivision approval to supply a written
statement justifying the reasons for private roads in the proposed subdivision.
Compliance with one or more of the above standards does not insure approval of either
a public or private road within a proposed subdivision.
SECTION 2: PRIVATE ROAD STANDARDS. OR,4NGE COUNTY SUBDIVISION REGULATIONS,
APPENDIX A ORANGE COUNTY PRIVATE ROAD STANDARDS, IS AMENDED AS
FOLLOWS:
ADD LANGUAGE TO CLARIFY DIFFERENCES BETWEEN PUBLIC AND PRIVATE ROADS. THE SECOND
PARAGRAPH IN THE SECTION TITLED "PURPOSE" 15 AMENDED TO READ AS FOLLOWS:
Purpose
In Orange County, the preference is to serve subdivisions with State-maintained
(NCDOT) public streets or municipal streets. The .County recognizes, however, that
private roads may be beneficial in some cases where the developer provides
significantly larger lots, and where a private road graded to a narrower cross-section
saves valuable vistas, trees, or natural resources, and reduces cut-and-fill and overall
land disturbance. Where the developer clearly provides benefits such as enhancing
entrances or streetscapes off an adjoining public road, saving trees, providing large
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lots, reducing disturbance, and "fitting" lots better into their natural surroundings, the
County Staff, Planning Board and Commissioners may permit the use of private roads.
The County is concerned about the logical and safe extension of public roads
throughout the County and also notes that private roads cannot be served by school
buses and sometimes not. by rescue squads and fire trucks. Private roads are
generally unpaved and property owners who use the road are solely responsible
for maintenance of the road. Therefore, the County will only approve private reads
where the "benefits" outweigh the negative aspects. Private roads will never be
approved simply to save money.
Private roads are a privilege, and not a right, and must be justified by the
particular lot arrangement and benefits provided by each development. It is hoped that
the following regulations and standards convey the sense that private roads can be
used, but only where they clearly meet the spirit as well as the letter of the criteria
contained herein.
SECTioN 3: This ordinance shall become effective upon adoption .
.NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners
that this Zoning Atlas Amendment is effective upon approval.
Upon motion of Commissioner ,seconded by Commissioner
the foregoing ordinance was adopted this the day of
2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2001 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Baak No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of ,
2001.
Clerk to the Board of Commissioners
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AN ORDINANCE AMENDING TWE ORANGE COUNTY
SUBDIVISION REGULATIONS IV-B-3 STREETS,
SECTION IV-B-3-a AND SECTION IV-B-3-b
10
THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT TWE SUBDIVISION
REGULATIONS ARE HEREBY AMENDED AS FOLLOWS:
(Bold print indicates language to be added. print indicates language to
be deleted.)
ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION IV-B-3 STREETS, IS AMENDED TO READ AS
FOLLOWS:
IV-B-3. STREETS
*IV-B-3-a. The provision of street rights-of--way shall conform to and meet the
*Amended requirements of such adopted Comprehensive Plan for Orange County as
4/4/88 may be recommended by the Planning Board and adopted by the Orange
County Board of County Commissioners, from its date of adoption,
including dedication of street rights-of-way for proposed future
transportation facilities, provided that a subdivider shall not be required
to provide or dedicate right-of--way for a proposed street to which access
would be prohibited by any governmental agency. `
*IV-B-3-b. All subdivisions shall have a coordinated street system via a public or
*Amended private street and access a public, state, or municipal street.
10/16/90 A coordinated street system shall consider the following:
(a) Public street rights~of~way shall extend to adjacent properties to
,provide. connectivity to the existing and future countywide
transportation network; and
(b) Lot access shall be limited on major subdivision streets that
provide connectivity between two or more roads designated in
the Comprehensive Plan as arterials or collectors.
(eff.12/3/90) All subdivisions containing private streets shall have at least one street
which intersects with or joins an extension of a public, state, or municipal street
This ordinance shall become effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners
that this Zoning Atlas Amendment is effective upon approval.
Upon motion of Commissioner ,seconded by Commissioner
the foregoing ordinance was adopted this the day of
2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2001 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. of the minutes ofi said Board.
WITNESS my hand and the seal of said County, this day of ,
2001.
Clerk to the Board of Commissioners